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Wireless Communication Facility Ordinance Update
project status
Update 2/16/23 On February 8, 2023, the California Coastal Commission granted a one-year time extension to consider the City's proposed amendments to the Local Coastal Program pertaining to wireless facilities. The Commission staff report is available online (see February 8, 2023, Item 11c).
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).
- Ordinance No. 484
- Ordinance No. 484 - Redline Version
- Resolution No. 21-17
- Resolution No. 21-17 - Redline Version
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.
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
- City Council - April 26, 2021
- City Council - April 12, 2021
- Planning Commission - March 1, 2021
- Planning Commission - February 16, 2021
- Planning Commission - January 19, 2021
- Notice of Public Hearing
- Staff Report (Item continued to February 16)
- Virtual Public Workshop - December 16, 2020 6:00 PM
- Special City Council Meeting - December 9, 2020 (Item 1A Urgency Ordinance); Ordinance No. 477U
- City Council September 29, 2020 (Item 6A City Advocacy Action Plan Options Agenda Report)
- City Council September 29, 2020 (Item 3B6 Amendment to Agreement with Telecom for Application Review Services)
- August 24, 2020 (Item 6A 5G Wireless Technology and Small Cells)
- City Council May 22, 2017 (Item 3B6 Approval of Agreement with Telecom to Prepare Ordinance)
- City Council November 28, 2016 (Item 3B5 Initiation of Code Amendment)
resources
- Coastal Commission Letter of Completed, dated November 15, 2022
- City's Response dated June 2022 to CCC's 2021 Letter
- Coastal Commission Letter dated July 21, 2021
- Request for Proposals for an Administrative Hearing Officer
- Pending WCF Application Report
- Malibu Municipal Code
- Local Coastal Program
- Federal Communications Commission
- Telecom Law Firm LLC Agreement to Prepare Ordinance
- Request for Proposals for WCF Application Reviews
- Application Submittal Guides / Forms
WCF
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Adrian Fernandez
Assistant Planning DirectorPhone: 310-456-2489, ext. 482