Wireless Communication Facility Ordinance Update

project status

Update 1/30/24 - On February 7, 2024, the California Coastal Commission (CCC) held a public hearing on the City's proposed amendments to the Local Coastal Program Local Implementation Plan Section 3.16 and certified it with suggested modifications. 

Next Steps - A City Council public hearing will be scheduled to consider the following items: 1) the CCC's modifications to the Local Coastal Program amendment; 2) initiating a zoning text amendment to make additional changes to the Wireless Ordinance (MMC Chapter 17.46); and 3) amending MMC Chapter 12.02 (Wireless Facilities in Public Rights-of-Way) to adopt provisions contained in MMC Chapter 17.46. 

project overview

In 2016, the City Council directed staff to update the City of Malibu Wireless Communication Facility (WCF) Ordinances ("Ordinance"). The City’s WCF Ordinance is contained in Malibu Municipal Code (MMC) Chapter 17.46 and Local Coastal Program Local Implementation Plan Section 3.16. The Ordinance update attempts to address issues that residents, City staff, and wireless communications applicants have experienced during the process of proposing and siting new facilities, including existing facility upgrades throughout the City. City staff wishes to establish a transparent permitting process for WCFs and adopt other processing time rules. In addition, the code update is also necessary to bring the City’s Ordinance into compliance with federal and State laws that have been enacted since the adoption of its original ordinance in 2003.

Background

On April 12, 2021, the City Council adopted Resolution No. 21-17, adopting engineering, design and location standards, conditions of approval, and basic application requirements for wireless communication facilities on land other than public right-of-way. On April 26, 2021, the City Council adopted Ordinance No. 484, adopting a comprehensive overhaul of the City's Wireless Communication Facility Ordinance. The Ordinance went into effect on May 26, 2021, with the exception of proposed amendments to the Local Coastal Program. The proposed amendments to the  Local Coastal Program were submitted to the California Coastal Commission (CCC) for certification review. On July 21, 2021 CCC submitted comments in response to the City's submittal. In June 2022, the City submitted its response to the CCC's comment. On November 15, 2022, the CCC deemed the Local Coastal Program amendment submittal complete (see letter). 

In January 2024, CCC staff notified City staff of a scheduled public hearing on February 7,2 024.  Prior to the CCC's public hearing, on January 22, 2024, City staff requested direction from the City Council on the CCC's proposed modifications. The meeting video and staff report are available online. 

Adopted Documents 

Urgency Ordinance

On Wednesday, December 9, 2020, the City Council held a Special Meeting and adopted an Urgency Ordinance (Ord No. 477U), to regulate the permitting of wireless facilities in public rights-of-way and adopted a resolution to establish design and development standards and standard permit conditions for wireless facilities in public rights-of-way. For more information on the Urgency Ordinance, review the agenda and staff report and the City's final action.

Community Meetings & Public Input

resources

WCF