A. 
Purpose. The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless communication facilities and antennas. The regulations contained herein are designed to protect and promote the public health, safety and community welfare and the aesthetic quality of the city as set forth within the goals, objectives and policies of the general plan, while at the same time providing for managed development of wireless communications infrastructure in accordance with the guidelines and intent of the Telecommunications Act of 1996.
B. 
Objectives. Recognizing the city's roles as regulator, service provider, facilitator and user, it is intended that the city shall apply these regulations in furtherance of the following goals and policy objectives, including but not limited to:
1. 
To retain control of private and public property within the confines of state and federal legislation to regulate wireless telecommunications services.
2. 
To facilitate the creation of an advanced wireless telecommunications infrastructure for citizens, businesses, industries and schools.
3. 
To protect the city from potential adverse effects of wireless telecommunications facility development.
4. 
Ensure that the wireless telecommunications infrastructure is designed to enhance and not interfere with the city's emergency response network.
(Prior code § 9320; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
A site plan review permit, pursuant to Section 17.62.040, shall be obtained prior to erecting a wireless telecommunications antenna and/or facility in any non-residential zoning district (except for the public open space and recreational vehicle park zoning districts) or in any public right-of-way regardless of zoning district, if such wireless telecommunications antenna and/or facility complies with the general requirements set forth in Section 17.46.060 and the most restrictive design standards set forth in Section 17.46.070. In addition to the site plan review permit, an encroachment permit shall be obtained for all wireless telecommunication antennas and facilities to be located in any public right-of-way.
(Prior code § 9321; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
A conditional use permit, pursuant to Chapter 17.66, shall be obtained prior to erecting wireless telecommunication antennas and/or facilities within any rural residential, public open space, or recreational vehicle park zoning districts (unless the antenna and/or facility is to be erected in a public right-of-way and it complies with the general requirements set forth in Section 17.46.060 and the most restrictive design standards set forth in Section 17.46.070), or within any other non-residential zoning district if the proposed wireless telecommunications antenna and/or facility does not comply with the most restrictive design standards set forth in Section 17.46.070. Any wireless telecommunication antennas and/or facilities conditionally approved pursuant to this section shall comply with the general requirements set forth in Section 17.46.060. The conditional use permit shall be reviewed by the city based solely upon the location, design and other criteria of this chapter, as well as for consistency with the general plan and the health, safety and welfare of the public.
(Prior code § 9322; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
"ANSI/IEEE standards"
means American National Standards Institute. A private organization that develops widely accepted standards for many pieces of modern day equipment.
"Antenna"
means a typically metallic device used for radiating or receiving radio waves.
"Antenna, building mounted sites"
means antennas which are located and/or mounted on an existing building's exterior walls.
"Antenna equipment"
means a cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna.
"Antenna, ground mounted sites"
means antennas which are located and/or mounted on a pole, attached to the ground level and are, otherwise, freestanding. These antennas do not use a building or ancillary structures for mounting purposes.
"Antenna height"
means the vertical distance from the existing or proposed grade, whichever is lower, to the top of the antenna or its support structure.
"Antenna, Roof-Mounted"
means an antenna, and its associated support structure, that is attached to a roof of a building or similar structure.
"Personal Communication Services (PCS)"
is Federal Communication Commission (FCC) terminology describing intelligent, digital wireless, personal two-way communication systems. A broad range of telecommunications services that enable people and devices to communicate independent of location. PCS networks and devices operate over a wide range of frequencies assigned and authorized by the FCC.
"Wireless telecommunications antennas"
means a device used to transmit and/or receive radio or electromagnetic waves between terrestrial and/or orbital based systems, including but not limited to directional, omni-directional and parabolic antennas. This excludes non-commercial antennas, radio and television signals, and non-commercial satellite dishes.
"Wireless telecommunications facilities"
means an installation that sends and/or receives radio frequency signals, including but not limited to directional, omnidirectional and parabolic antennas, structures or towers to support receiving and/or transmitting devices, cabinets, equipment rooms, accessory equipment and other structures, and the land or structure on which they are all situated. The term does not include mobile transmitting devices, such as vehicle or hand held radios/telephones and their associated transmitting antennas.
(Prior code § 9323; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
A. 
No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, the State of California, or the federal government.
B. 
Failure to remain in continued compliance with the MPE limits shall be grounds for revocation of the discretionary permit.
(Prior code § 9324; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
The following general requirements apply at all times to all wireless telecommunications facilities located in all zoning districts:
A. 
Each facility must comply with any and all applicable provisions of the Malibu Municipal Code, including but not limited to provisions of the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, and any conditions of approval imposed as part of the approval process.
B. 
Each facility must comply with any and all applicable regulations and standards promulgated or imposed by any state or federal agency, including, but not limited to, the Federal Communications Commission and the Federal Aviation Administration.
C. 
The facility must at all times comply with all applicable health requirements and standards pertaining to radio frequency emissions.
D. 
Interference with city communications systems is prohibited. All proposed facility applications shall include reports, as required by the Los Angeles County Fire Department, to evaluate potential interference. The applicant shall be responsible for any costs incurred by the city, including the costs of retaining consultants, to review and analyze the reports.
E. 
Freestanding wireless telecommunication facilities, including towers, lattice towers, and monopoles, shall not exceed 28 feet in height and shall not extend higher than the top of the ridgeline nearest the antenna. The height of a freestanding facility shall be measured from the natural undisturbed ground surface below the center of the base of the tower itself to the tip of the highest antenna or piece of equipment attached thereto.
F. 
Building-mounted wireless telecommunication facilities shall not exceed 28 feet in height. However, antenna elements, mounted flush on the facade of an existing structure that exceeds 28 feet, may have a height equal to the height of the building. Roof-mounted antennas may extend no more than three feet above the roof from which they are attached. Associated roof-mounted equipment cabinets shall not extend more than five feet above the roof from which it is attached and shall be set back a minimum of 10 feet from the edge of the roof. All roof-mounted equipment cabinets shall be located behind a mechanical screen wall. In the event that a roof parapet wall screens the equipment cabinets, a mechanical screen wall will not be required.
G. 
Not more than one ground-mounted antenna site, excluding licensed amateur radio station antennas, shall be permitted on each site.
H. 
Wireless telecommunication facilities and antennas shall be co-located on existing poles or other facilities when possible. No permittee shall restrict access to an existing antenna location if required to colocate by the city, and if possible to do so.
I. 
All electrical support equipment located within cabinets, shelters, or similar structures shall be screened from public view. Roof-mounted electrical support equipment shall be discouraged. Ground-mounted electrical support equipment shall be encouraged. In addition, under grounding of support equipment is required wherever practicable.
J. 
When possible, wireless telecommunication facilities will be located on existing utility poles provided the antennas do not exceed the height of the utility poles and provided a less intrusive alternative is not available.
K. 
All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.
L. 
All antennas shall be located such that any person walking adjacent to the transmitting surface of the antenna will be walking on a grade that is a minimum of eight and one-half feet below the transmitting surface.
M. 
Lighting of antenna structures and their electrical support equipment is prohibited, except as required by any order or regulation of the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA) and except for manually operated emergency lights for use when official operating personnel are on site.
N. 
No wireless telecommunication facility shall be located within 500 feet of any school ground, playground or park unless a finding is made, based on technical evidence acceptable to the planning manager, as appropriate, showing a clear need for the facility and that no technically feasible alternative site exists.
O. 
Except for facilities co-located on the same pole or tower; wireless telecommunication facilities located within any residential zone district, except for those facilities placed on utility poles located along Pacific Coast Highway, shall not be located within 600 feet of any other wireless telecommunications facility, unless a finding is made, based on technical evidence acceptable to the planning manager, as appropriate, showing a clear need for the facility and that no technically feasible alternative site exists. This provision shall not apply to wireless telecommunication facilities located within any commercial zone district.
(Prior code § 9325; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
In addition to all other requirements set forth in this chapter, all wireless telecommunications facilities shall meet the following design requirements:
A. 
Facade-mounted antennas and equipment shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted facilities shall generally not extend more than 18 inches out from the building face.
B. 
Ground-mounted wireless telecommunication facilities shall be located near existing structures or trees at similar heights for screening purposes where feasible.
C. 
All wireless telecommunication facilities 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.
D. 
All antennas and support structures shall be painted and/or textured to achieve architectural compatibility with the structures for which they are attached and/or located. If ground mounted, the antennas and support structure shall be painted, textured, landscaped or otherwise camouflaged as much as possible to integrate the structure into the environment. Colors and materials for facilities shall be non-reflective and chosen to minimize visibility to the greatest extent feasible.
E. 
All wireless telecommunication facilities shall be designed to prevent unauthorized climbing.
F. 
Roof-mounted antennas and necessary equipment shall be screened from above if visible from higher elevations.
G. 
Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
H. 
Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening.
I. 
All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation. Freestanding monopoles in highly visible locations shall incorporate stealth techniques to minimize their prominence.
J. 
Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, fencing, or other camouflage treatment to minimize visual impacts to the extent deemed necessary by the Planning Manager. Landscaping screening should also be provided if irrigation water is available.
K. 
No freestanding facility such as a monopole, lattice tower, or similar structure including ancillary support equipment may be located between the face of a building and a public street, bikeway or park.
L. 
No wireless telecommunications facility shall emit a noise greater than 50 decibels (dB) as measured from the base of the facility.
(Prior code § 9326; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
Each wireless telecommunications antenna and/or facility which is approved through either the site plan review process or a conditional use permit shall be subject to the following standard conditions of approval, in addition to any other condition deemed appropriate by the reviewing authority:
A. 
The wireless telecommunications antenna and/or facility shall be erected, operated, and maintained in compliance with the general requirements of Section 17.46.060 and, if applicable, with the most restrictive design standards set forth in Section 17.46.070.
B. 
Within 30 calendar days following the installation of any wireless telecommunications antenna and/or facility, the applicant shall provide FCC documentation to the planning manager that the unit has been inspected and tested in compliance with FCC standards. Such documentation shall include the make and model (or other identifying information) of the unit tested, the date and time of the inspection, and a certification that the unit is properly installed and working within applicable FCC standards.
C. 
The installation of any wireless telecommunications antenna and/or facility shall be in compliance with all applicable state and local building, electrical, and mechanical codes.
D. 
Any substantial change in the type of antenna and/or facility installed in a particular location shall require the prior approval of the planning manager.
E. 
The applicant shall pay to the city a permit compliance fee in an amount to be established by resolution of the city council.
F. 
Co-location of wireless telecommunications antennas and facilities pursuant to Section 17.46.090 shall be required whenever it is feasible to do so.
(Prior code § 9327; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
An effort should be made to locate new wireless telecommunications antennas and facilities on existing grandfathered or conforming facilities when feasible.
(Prior code § 9328; Ord. 155 § 18, 1996; Ord. 253 § 4, 2003)
In addition to meeting standard application submittal requirements for discretionary permits, detailed in other chapters in this title, all wireless telecommunication facility carriers or providers shall provide the information listed below. As used herein, "Wireless telecommunication facility", "wireless facility", "telecommunication facility", or simply "facility", means an installation that sends and/or receives radio frequency signals, including but not limited to directional, omnidirectional and parabolic antennas, structures or towers to support receiving and/or transmitting devices, cabinets, equipment rooms, accessory equipment and other structures, and the land or structure on which they are all situated. The term does not include mobile transmitting devices, such as vehicle or hand held radios/telephones and their associated transmitting antennas. The planning manager may waive certain submittal requirements or require additional information based on specific project factors.
A. 
Visual impact demonstration. A visual impact analysis shall be provided showing the maximum silhouette and proposed or required screening. The visual impact analysis shall include photo simulations and any required photo overlays, scaled models or architectural renderings necessary to determine visual impact. A map depicting where the photos were taken shall be included.
B. 
Narrative. The applicant shall submit a narrative that addresses each of the following paragraphs and subparagraphs. The narrative shall be organized according to subject headings that match those in the paragraphs and subparagraphs listed below.
1. 
Antennas/Equipment. List the number of proposed antennas and base transceiver stations and/or equipment cabinets and any existing facilities on the site. As used herein, "Antenna" means a device used to transmit and/or receive radio or electromagnetic waves between terrestrial and/or orbital based systems.
2. 
Location. Describe the location and type of antenna installations (stand-alone rooftop, rooftop attached to a mechanical penthouse, building façade, or existing utility towers and poles) and location of the base transceiver station(s), equipment cabinets and/or buildings.
3. 
Height. List the height of the antenna installation. Carriers must provide documentation that establishes that the proposed facilities have been designed to the minimum height required from a technological standpoint for the proposed site.
4. 
Radio frequency. List the radio frequency range in megahertz and list the wattage output of the equipment.
5. 
Radio frequency emissions. Provide a report listing the effective radiated power generated by the proposed facility. The report shall identify exposure levels for both controlled and uncontrolled areas where the levels are projected to be highest.
6. 
FCC compliance. Provide documentation certifying all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed have been obtained.
7. 
Maintenance. Describe the anticipated maintenance and monitoring program for the facility.
8. 
Noise/acoustical information. Provide noise and acoustical information for equipment such as air conditioning units and back-up generators.
9. 
Site selection process. Provide a map and narrative description explaining the site selection process including information about other sites considered and reason for their rejection. This information is necessary to determine whether there will be a significant gap in coverage if the project is not approved or whether alternatives exist for providing coverage.
10. 
Geographic service area. Identify the geographic service area for the subject installation, including a map showing the site and the associated "next" cell sites within the network. Describe the distance between cell sites. Describe how this service area fits into and is necessary for the company's service network. Illustrate the geographic area in which the facility could be located showing all other sites that could be used for antenna location. This information is necessary to determine whether there will be a significant gap in coverage if the project is not approved or whether alternatives exist for providing coverage.
11. 
Preferred location sites. Each application shall identify the location preference, listed in Section 17.46.120 that the proposed facility is meeting. If the proposed location is not a preferred location, the applicant shall provide a list (by address and Assessor's Parcel Number) and a map at 1:200 scale of all preferred location sites within the service area; what good faith efforts and measures were taken to secure each other of these preferred location sites; describe why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; how and why the proposed site is essential to meet service demands for the geographic service area and the citywide network. This information is necessary to determine whether there will be a significant gap in coverage if the project is not approved or whether alternatives exist for providing coverage.
12. 
Preferred mounting technique. Each applicant shall identify the antenna mounting preference, listed in Section 17.46.110 the proposed facility is meeting. If the proposed mounting technique is not a preferred technique, the applicant shall provide a list (by address and Assessor's Parcel Number) and a map at 1:200 scale of all such buildings/sites within the service area; what good faith efforts and measures were taken to secure each of these preferred mounting location/sites; describe why each such site was not technologically or legally feasible and why such efforts were unsuccessful; and how and why the proposed site is essential to meet service demands for the geographic service area and the citywide network.
13. 
Cumulative effects. Identify the location of all the applicant's antennas and backup facilities and location of other wireless telecommunications facilities on and near the property; include the following:
a. 
Height. The height of all existing and proposed wireless telecommunications facilities on the property, shown in relation to the height limit for the zoning district;
b. 
Antennas. The dimension of each existing and proposed antenna, base transceiver station, equipment cabinet and associated building and backup equipment on the property;
c. 
Power rating. The power rating for all existing and proposed backup equipment;
d. 
Total watts. The total number of watts per installation and the total number of watts for all installations on the building (roof or side);
e. 
Facilities within 500 feet. The number and types of wireless telecommunication facilities within 500 feet of the proposed site and provide estimates of the cumulative electromagnetic radiation emissions at the proposed site.
C. 
Co-location agreement. All wireless telecommunications carriers shall provide a letter stating their willingness to allow other carriers to co-locate on their facilities wherever technically feasible. When determined to be technically feasible and appropriate, the planning manager may require unutilized space to be made available for co-location of other wireless telecommunications facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off-line for a significant period of time. As used herein, "Co-location" means an arrangement whereby multiple wireless communication devices share the same structure or site.
D. 
Planned facilities. The applicant shall provide a list of planned or anticipated facilities within the city, and their anticipated construction schedules. The planning manager may require concurrent processing of planned facilities.
E. 
Independent consultant. At the discretion of the planning manager and as reasonably required, the applicant may be required to provide an authorization waiver to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunications facility, including, but not limited to, compliance with applicable federal emission standards, potential for interference with existing or planned public safety emergency response telecommunications facilities, or analysis of feasibility of alternate sites, screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is hereby deemed not be a public record, shall remain confidential, and not be disclosed to any third party without the express consent of the applicant.
F. 
Other information. Any other relevant information as required by the planning manager.
(Ord. 253 § 4, 2003)
The following antenna and equipment siting and mounting techniques are preferred:
A. 
Facade mounted antennas that meet the visual requirements specified in this title.
B. 
Roof mounted antennas that are not visible to the public.
C. 
Existing monopoles or freestanding towers, utilizing stealthing techniques.
D. 
Existing utility poles located within the public right-of-way.
E. 
Monopoles or freestanding towers that utilize stealthing techniques.
(Ord. 253 § 4, 2003)
Location preference for wireless communications facilities should be given to:
A. 
Co-location sites. Co-located and multiple-user wireless telecommunications facilities will be required when, in the determination of the planning manager, it is technically feasible and appropriate and will minimize overall visual impact to the community.
B. 
Property designated non-residential (except for public open space and recreational vehicle park zoning districts), unless otherwise prohibited pursuant to this title.
C. 
Facilities attached or sited adjacent to existing structures. Whenever possible, facilities shall be located on and/or inside existing structures. Appropriate types of existing structures may include, but are not limited to: buildings, water tanks, telephone poles and utility towers and poles, sign standards, traffic signals, light standards and roadway overpasses.
D. 
Sites that are not highly visible from adjacent roadways.
E. 
Sites with minimum separation. When co-location is determined to be infeasible by the planning manager, sites that are more than 500 feet from school grounds, playgrounds or parks and which are more than 450 feet from any other existing wireless facility within any residential zone district, except for those facilities placed on utility poles located along Pacific Coast Highway.
F. 
Unless otherwise indicated in this title, no telecommunication facility shall be installed on an exposed ridgeline unless the facility blends with the surrounding existing natural and man-made environment and a finding is made that no other location is technically feasible.
(Ord. 253 § 4, 2003)
A. 
The wireless telecommunications facility provider shall defend, indemnify, and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable state and/or local statues. The city shall promptly notify the provider(s) of any such claim, action or proceeding if the city bears its own attorney's fees and costs, and the city defends the action in good faith.
B. 
Wireless telecommunications facility operators shall be strictly liable for interference caused by their facilities with city communications systems. The operator shall be responsible for costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the city attributable to the interference.
(Ord. 253 § 4, 2003)
All improvements, including foundations and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation condition within 90 days of cessation of operation or abandonment of the facility.
(Ord. 253 § 4, 2003)
A. 
The city finds that the technology associated with telecommunications equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipate that telecommunications antennas and related equipment with reduced visual impacts will be available from time to time with comparable or improved coverage and capacity capabilities. The city further finds that it is in the interest of the public health, safety, and welfare that telecommunications providers be required to replace older facilities with newer equipment of equal or greater capabilities and reduced visual impacts as technological improvements become available. Therefore, any modifications requested to an existing facility for which a permit issued pursuant to this title authorizing establishment of a wireless telecommunications facility shall permit the planning manager to review the carrier's existing facility to determine whether requiring newer equipment or applying new screening techniques that reduce visual impacts is appropriate if technically feasible.
B. 
At any time, the planning manager may initiate proceedings to revoke a permit issued pursuant to this title. Grounds for revocation shall be limited to a finding that the owner or operator has abandoned the facility, the facility is no longer in compliance with either the general requirements or design standards of this title, the conditions of approval and the owner or operator has failed to bring the facility into compliance within 90 days after a notice has been sent by the planning manager requiring the facility to be brought into compliance, the facility is no longer in compliance with applicable FCC or FAA regulations, the facility has not been upgraded to reduce or minimize its impact to the extent reasonably permitted by the technology available at the time of any requested modifications, or if the planning manager determines that revocation would be in the best interest of the public health, safety, or welfare.
(Ord. 253 § 4, 2003)
A. 
Installation of the following antennas and/or appurtenant equipment which complies with all applicable health requirements and standards pertaining to RF emissions is exempt from the provisions of this chapter subject to any conditions included below:
1. 
Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, residential fixed wireless communications, multi-channel multi-point distribution providers (MMD) or television broadcast stations in all zoning districts are exempted, provided that all of the following conditions are met:
a. 
The antenna is accessory to an existing use and measures 39 inches (one meter) or less in diameter.
b. 
The antenna is installed in a location where it is not readily visible from the public right-of-way.
c. 
The antenna shall not be located within a required setback area, driveway or parking space.
2. 
Amateur radio antenna (including ham and short wave) provided the antenna does not exceed the maximum building height for the zoning district in which it is located by more than 15 feet.
3. 
Telecommunications facilities exempt from the provisions of this chapter by operation of state or federal law.
B. 
The determination of whether or not a proposed facility meets the requirements for an exemption is at the discretion of the planning manager. The planning manager may require that the application be processed as a site development permit or conditional use permit if the requirements of this section cannot be met.
(Ord. 253 § 4, 2003)