Agenda packet, first session — Malibu City Council, June 24, 2024 (part 7 of 7)

service to nearby properties so long as the antenna serves a customer on whose premises it is located.

G. In light of the FCC Orders and related court decisions, the City deems it to be necessary and appropriate to enact additional standards and regulations, consistent with federal and state law limitations on that authority.

H. Considering that the FCC Orders are already in effect or will go into effect in early 2021, ifthe City does not amend the Malibu Municipal Code (MMC), there is a risk that the City may not be able to enforce provisions of its MMC or comply with the new federal regulations.

I. If not adequately regulated, the installation of wireless communications facilities within the City can pose a threat to the public health, safety, and welfare; traffic and pedestrian safety hazards due to the unsafe location and placement of wireless communications facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal ofroots due to related undergrounding of equipment or connection lines; creation of visual and aesthetic blights and potential safety concerns arising from improper design or excessive size, heights, noise, or lack of camouflaging of wireless communications facilities, including the associated pedestals, meters, equipment and power generators; reduce property values and/or frustrate Malibu’s longstanding efforts to have a rustic, residential and welcoming look and feel and a comfortable, safe community, all of which may negatively impact the City and its citizens.

J. On December 9, 2020, the City Council held a duly noticed public hearing on an urgency ordinance, a regular ordinance, and a design standards and standard permit conditions resolution for wireless communications facilities in the public right-of-way. The City Council reviewed and considered the staff report, written reports, public testimony, and other information in the record and: (1) adopted the urgency ordinance and resolution; and (2) approved the regular ordinance and directed staff to schedule second reading and adoption for January 11, 2021.

K. On December 16, 2020, the City Council held a duly noticed community wireless workshop on wireless communications facility design, federal and state limitations on local authority, and permitting of wireless communications facilities in the City.

L. On January 19, 2021, a Notice of Public Hearing and Notice of Availability of Local Coastal Permit (LCP) Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties.

M. On March 1, 2021, the Planning Commission held a duly noticed public hearing on LCPA No. 16-007 and ZTA No. 16-005 regarding the regulation and permitting of wireless communications facilities on private land in the City, reviewed the materials in the record, the agenda report, public testimony and other information in the record and recommended approval of the amendments with some modifications.

N. On April 1, 2021, a Notice of Public Hearing and Notice of Availability of Local Coastal Permit (LCP) Documents was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties.

0. On April 12, 2021, the City Council held a duly noticed public hearing on LCPA No. 16- 007 and ZTA No. 16-005 regarding the regulation and permitting of wireless communications facilities on 148
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private land in the City, reviewed the materials in the record, the agenda report, public testimony and other information in the record.

SECTION 2. Environmental Review.

Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment. This application is for an amendment to the LCP, which must be certified by the California Coastal Commission (CCC) before it takes effect. LCP Local Implementation Plan (LIP) Section 1 .3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent an inconsistency between the LCP and the City’s Zoning Ordinance, ifthe LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption ofthe LCPA and because they are entirely dependent on, related to, and duplicative of, the exempt activity, they are subject to the same CEQA exemption.

This Ordinance is not a project within the meaning of CEQA Guidelines Section 15378, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance was a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt because the City Council’s adoption of the Ordinance would be covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 1506 1(b)(3)). That is, approval of the Ordinance would not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation ofthe wireless communications facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct a preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation ofwireless communications facilities on a particular site, the installation would be exempt from CEQA review in accordance with 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).

The City Council, therefore, determines that the proposed ordinance is exempt from CEQA.

SECTION 3. Zoning Text Amendment and Findings.

A. The subject ZTA is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources. The following General Plan policies and implementation measures would be advanced as part of this Ordinance:
o Policy 1.1.2: The City shall minimize the risk of loss from fire. o Policy 1.1.3: The City shall reduce the amount of non-essential toxic and hazardous substances. o Implementation Measure 2: Work with other agencies to ensure effective and efficient fire suppression, prevention and rescue services.
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o Implementation Measure 11: Develop guidelines and standards for all new and remodel structures to utilize fire-resistant building materials and designs, and, if feasible, to be sited to minimize fire hazards.
• Implementation Measure 19: Regulate the transport, storage and use of toxic and hazardous materials.

B. The City Council held a public hearing, reviewed the subject ZTA for compliance with the City of Malibu General Plan, MMC and LCP, and finds that the proposed ZTA is consistent with the same and hereby amends the Malibu Municipal Code as set forth in Exhibit A.

SECTION 4. Local Coastal Program Amendment and Findings. Based on evidence in the whole record, the City Council hereby finds that the proposed LCPA meets the requirements of and is in compliance with the policies and requirements of Chapter 3 of the California Coastal Act as follows and hereby amends the LCP local implantation plan as set forth in Exhibit B:

A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated standards and regulations specific to wireless communications facilities ensure compliance with federal and State law while maintaining design and safety standards in the City’s jurisdiction of the Coastal Zone which advance the overarching goals of protecting coastal resources. This Ordinance advances the following LCP policies:
o Policy 4.2: All new development shall be sized, designed and sited to minimize risks to life and property from geologic, flood, and fire hazard.
• Policy 4.45: New development shall minimize risks to life and property from fire hazard through:
b. Siting and designing development to avoid hazardous locations; and d. Use of appropriate building materials and design features to insure the minimum amount of required fuel modification.

B. As a part of the LIP, the updated wireless communications facility standards and process ensures that wireless communications facilities within the City conform to applicable LCP policies, goals, and provisions, while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities.

SECTION 5. Effective Date. In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption, except for the amendment to the Local Coastal Program. The LCPA is subject to certification by the California Coastal Commission and shall become effective after certification.

SECTION 6. Pending Applications. All applications for wireless facilities on land other than public ROW or for modifications to existing wireless facilities in the public rights-of-way which were not subject to final action by City prior to the effective date of this Ordinance shall be subject to and comply with all provisions of this Chapter, and any design and placement standards adopted by the City Council by resolution, to the fullest extent permitted by applicable law.

SECTION 7. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, 150
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Exhibit A
A. Strike the following MMC Sections: 17.62.040(A)(6), 17.08.040(D), 17.18.030(E),

17.22.040(M), 17.30.030(D), 17.32.030(A), 17.36.030(B), 17.38.030(B), 17.3 8.030(C), 17.18.020(E),

17.22.020(D), 17.24.020(A), 17.26.020(A), 17.28.020(A), 17.30.020(A), 17.34.020(B), 17.36.020(C).

B. MMC Chapter 17.46 is amended as follows:

CHAPTER 17.46

WIRELESS COMMUNICATIONS FACILITIES

17.46.010 Purpose and objectives.

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, other than those exempt under Section 17.46.020(B). The regulations contained herein are designed to protect and promote the public health, safety and community welfare and the aesthetic quality and value 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.

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 communications services.

2. To facilitate the creation of an advanced wireless communications infrastructure for citizens, businesses, industries and schools.

3. To protect the City from potential adverse effects of wireless communications facility development.

4. To ensure that the wireless communications infrastructure is designed to enhance and not interfere with the City’s emergency response network.

17.46.020 Scope.

A. There shall be a type of permit entitled a “Wireless Permit (WP),” which shall be subject to all of the requirements of this Chapter. Unless exempted, every person who desires to place or modify a wireless communications facility must obtain a WP authorizing the placement or modification in accordance with this Chapter. The WP shall be obtained in one of the following ways, based on facility type:

1. Type 1: The installation or modification of a facility that qualifies as a small cell facility, or eligible facilities request, or collocation of a non-small cell facility; or

2. Type 2: (a) the installation or modification of all wireless facilities that do not qualify as Type 1; and (b) any WP application that includes a waiver request pursuant to MMC Section

17.46.060(D).

B. Exemptions. Installation of the following antennas and/or appurtenant equipment which comply with all applicable requirements and standards pertaining to radio frequency (RF) emissions are not required to obtain a Wireless Permit:
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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 will be accessory to an existing use and measures thirty-nine (39) inches (one meter) or less in diameter.
b. The antenna will be installed in a location where it is not readily visible from the public right-of-way.
c. The antenna will 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 base building height for the zoning district in which it is located by more than fifteen (15) feet.

3. Communications facilities exempt from the provisions of this chapter by operation of state or federal law.

4. Wireless communication facilities in the public right-of-way and subject to the requirements of Chapter 12.02.

5. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.

6. Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing functional facilities.

C. The determination of whether or not a proposed facility meets the requirements for an exemption shall be made by the Planning Director.

D. Other applicable requirements. In addition to the WP required herein, the persons who will own or control the facility(ies) must comply with applicable laws, including, but not limited to, applicable laws governing RF emissions, the Americans with Disabilities Act (ADA) and electrical and fire codes.

17.46.030 Administration.

A. Reviewing Authority. For Type 1 applications, the Planning Director or their designee (“Director”) is the reviewing authority responsible for taking action on the application. For Type 2 applications, the Planning Commission is the reviewing authority and will hold a public hearing to take action on the application.

B. Heightened Review. Type I applications other than eligible facilities requests proposing installations in the following areas shall automatically be processed as Type 2 applications and subject to heightened review: all Residential, Planned Development, and Mobilehome Zoning Districts.

C. Applications subject to heightened review must meet the findings required in MMC Section

17.46.110(A) and (B). Applications qualifying as eligible facilities requests must meet the findings in MMC 17.46.110(C). All other Applications must meet the findings required in Section 17.46.110(A).

D. As part of the administration of this Chapter and in addition to authority granted pursuant to other provisions of this Title 17, the Director may:
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1. Extend or shorten deadlines where necessary to be consistent with state and federal laws and regulations;

2. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; and

3. Take such other steps as may be required to timely act upon applications for placement of wireless communications facilities, including entering into agreements to mutually extend the time for action on an application.

E. Appeals.

1. Type I Applications.
a. Any person adversely affected by a decision of the Director pursuant to this Chapter may request an administrative hearing to appeal the Director’s decision. In order to request a hearing, the person shall submit to the City Clerk in the manner directed in the Director’s decision notice a fully completed request for administrative hearing form along with a full amount of the appeal fee set by the City Council (by way of check or money order). The request for administrative hearing shall be incomplete if it does not include the appeal fee in the full amount.
b. Appeals must be filed within ten (10) calendar days of the mailing of decision notice of the Director, unless a different time period is specified by the Director in such notice.

The Director may extend the time period for filing an appeal for due cause, but an extension may not be granted where such extension would result in approval of the application by operation of law. If a timely and complete request for hearing is not submitted, the Director’s decision shall be deemed final.
c. If a timely and complete request for hearing is submitted, the City Manager shall appoint an administrative hearing officer or, if designated by action of the City Council, two members of the Planning Commission and a member of the City Council (“Hearing Officer”) to conduct the administrative hearing. The Hearing Officer shall decide the issues de novo.

Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

The appellant and the applicant shall have the opportunity to present evidence in support of their case.
d. Any administrative hearing shall be conducted so that a timely written decision may be issued in accordance with applicable law.
e. The hearing officer’s decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant, and upon the appellant (if different) by first class mail, to the address stated on the request for hearing form. and the written decision of the Hearing Officer will be the final decision of the City effective on the date of mailing.

2. Type 2 Applications.
a. Any person adversely affected by a decision of the Planning Commission pursuant to this Chapter may request a public hearing to appeal the Planning Commission’s decision to the City Council. In order to request a hearing, the person shall submit to the City Clerk in the manner directed in the Planning Commission’s decision notice a fully completed request for a public hearing form along with the full amount of the appeal fee set by the City Council (by way of check or money order). The request for a public hearing shall be incomplete if it does not include the deposit in the full amount of the appeal fee. The deposit will be retained in a noninterest bearing account until the matter is resolved. The appeal fee shall be refunded to the appellant iftheir appeal is granted.
b. Appeals must be filed within ten (10) calendar days of the mailing of decision notice of the Planning Commission, unless a different time period is specified by the City in such notice. The City may extend the time period for filing an appeal for due cause, but an extension 153
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may not be granted where such extension would result in approval of the application by operation of law.
c. If a timely and complete request for hearing is not submitted, the Planning Commission’s decision shall be deemed final.
d. Any public hearing shall be conducted so that a timely written decision may be issued in accordance with applicable law. The City Council’s review shall be de novo; it may receive new evidence and is not bound by the previous record. e. The City Council’s decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant, and upon the appellant (if different) by first class mail, to the address stated on the request for hearing form. The written decision of the City Council will be the final decision of the City effective on the date of mailing.

17.46.040 Definitions.
“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, Roof-Mounted” means an antenna, and its associated support structure, that is attached to a roof of a building or similar structure.
“Application” A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless permit. “Applicant” A person filing an application for placement or modification of a wireless communications facility in the City of Malibu.
“Eligible Facilities Request or EFR” shall have the meaning as set forth in 47 C.F.R. Section

1.61 00(b)(3), or any successor provision.
“FCC” is the Federal Communications Commission or its lawful successor. “Personal Wireless Services” shall have the same meaning as set forth in 47 U.S.C. Section 33 2(c)(7)(C)(i).
“Personal Wireless Services Facility” means a wireless communications facility used for the provision of personal wireless services.
“Person Adversely Affected” means the applicant, or owners/occupants who reside within a 1,000-foot radius ofthe project property.
“Public Right-of-Way, or ROW” means any public street, public way or public place within the City limits, either owned by the City or dedicated to the public for the purpose of travel and which the City has the responsibility to maintain or manage. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes.
“Small Cell Facility” shall have the same meaning as “small wireless facility” in 47 C.F.R. 1 .6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility—
(i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent structures, or
(iii) does not extend an existing structure on which are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
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(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and (6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b). “Support Structure” Any structure capable of supporting a base station and/or antenna. “Stealth facility” (or “stealth facilities”) means a wireless communications facility designed to look like something other than a wireless tower or base station. “Wireless communications facilities” means the wiring, cables, electronic equipment, transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

17.46.050 Health and safety.

A. No wireless communications 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, safety or welfare. All wireless communications facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design.

B. No facility or combination of facilities shall produce at any time power densities or exposure levels in any general population area that exceed the applicable FCC standards for radiofrequency (RF) emissions.

17.46.060 General Standards for Wireless Communications Facilities.

A. Generally. Wireless communications facilities shall meet the minimum requirements set forth in this Chapter, in addition to the requirements of any other applicable law, unless a waiver is required to avoid a denial of an application. Waivers shall only be granted on a case-by-case basis, and shall be narrowly-tailored so that the requirements are waived only to the minimum extent required to address the request.

B. Wireless communications facilities shall be installed and modified in a manner that does not interfere with the use of public or private property or the use of the public right-of-way, in that it minimizes risks to public safety, avoids above-ground facilities in underground areas, avoids installation of new support structures or equipment, makes facilities stealth by using concealment elements, and otherwise maintains the integrity and character of the neighborhoods in which the facilities are located and does not impede views; ensures that installations are subject to periodic review to minimize the intrusion on public and private property; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public or cause personal or economic harm, interfere with the primary uses of public or private property or the rights-of-way, or hinder the ability of 155
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the City or other government agencies to improve, modify, relocate, abandon, or vacate facilities or public property.

C. Engineering, Design, and Location Standards. The City Council may adopt by resolution the Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communications Facilities on Land Other than Public Right-of-Way. All applications shall comply with the engineering, design and location standards for wireless communications facilities set forth in this Ordinance and such Resolution, as amended.

D. Waivers. Requests for waivers from any requirement of this Chapter or the standards and wireless regulations set forth in the City Council resolution shall be made in writing to the Director. A waiver may be requested: (1) to avoid a denial of an application that would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations; or (2) for the technical or design reasons specified in the Resolution described in Section 17.46.060(C), as amended. A request for waiver may be granted only if it is demonstrated through clear and convincing evidence that the standard for the waiver has been met. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowlytailored so that the requirements of this Chapter or the standards in the City Council resolution are waived only to the minimum extent required to address the request.

17.46.070 Standard conditions of approval.

Each wireless permit approved pursuant to this Chapter shall be subject to the conditions of approval in the Resolution that adopted the Engineering, Design and Location Standards, and Conditions of Approval for Wireless Communications Facility on Land Other than Public Right-of-Way. If no conditions are imposed in the WP or ifthe application is deemed approved by operation of law, then the standard permit conditions of approval in such Resolution shall apply to that permit.

17.46.080 Minimum application requirements.

A. Applicants shall submit applications on the forms and in the manner approved by the Planning Director. In addition to providing all required fees, all wireless communications facility carriers or providers shall provide the information required by a separate application form published, and updated from time to time, by the City. If no such form is available, then the applicant must submit all documents, information, and any other materials necessary to allow the City to make required findings and ensure that the proposed facility will comply with applicable laws and not endanger the public health, safety, or welfare. The Director may waive certain submittal requirements if prohibited by applicable law or require additional information based on the characteristics of specific projects.

B. Pre-application meeting. Prior to filing an application to install or modify a wireless communications facility subject to this Chapter, the applicant is encouraged to schedule a voluntary pre application meeting with the Planning Department to discuss the proposed facility, the requirements of this Chapter, and any potential impacts of the proposed facility. Conducting a voluntary pre-application meeting shall not initiate any applicable “shot clock.” C. Public Notice. In addition to any other noticing requirements:
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1. Within seven (7) calendar days after an application is submitted to the City, the applicant shall: (1) post notice at the proposed project site in a location near to and visible to the public and (2) provide the City with evidence that such notice has been posted. The applicant shall maintain and replace the posted notice as necessary during the entire application review process until the Director or Planning Commission, as applicable, acts on the application and all appeals have been exhausted. The posted notice shall be composed from durable quality and weather-resistant materials that will not deteriorate under normal circumstances for at least 180 calendar days. The posted notice shall be at minimum 17 inches wide by 11 inches tall. The posted notice shall not be placed in any location where it would obstruct travel or visibility for vehicles, bicycles, or pedestrians. The City encourages applicants to consult with the Planning Department on placement locations to avoid any potential hazards.

2. Within five (5) business days from the date on which an application is determined to be complete, the Director shall notify in writing of the filing of the application property owners and residents of all property within a one thousand (1,000) foot radius of the proposed project, but in no event fewer than the owners and occupants often (10) developed properties. The purpose of the notice is to inform the surrounding property owners and residents of the filing of the application and provide an opportunity for comment on the application prior to the approving authority’s decision. The notice shall describe the request, provide a map showing the specific location of the proposed project, describe the review process and timeframes, indicate how to contact the applicant and case planner assigned to the application, and the City-assigned application identifier.

D. Fire Department Review. After submittal by the applicant, the applicable application materials shall be transmitted to the Fire Department for its review and any recommended conditions.

17.46.110 Findings for Approval.

A. For all wireless communications facilities subject to Chapter 17.46, other than eligible facilities requests, the approving authority shall approve the proposed project provided it makes the following findings:

1. The facility is not detrimental to the public health, safety, and welfare and will not pose an undue fire risk;

2. The facility complies with Chapter 17.46 and all applicable design and development standards; and

3. The facility complies with state and federal law.

For all Type 2 applications pursuant to Section 17.46.020(A)(2), other than eligible facilities requests, that are proposed to be located in a residential, planned development or mobilehome zoning district, the approving authority shall also make the following finding:

4. The facility could not feasibly be located within any other zoning district in the City.

B. All eligible facilities requests subject to Chapter 17.46 must be approved on the basis of the application and other materials or evidence provided in review thereof provided the approving authority makes the following findings:

1. The proposed colocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. 1 .6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. 1.6 100(b). The approving authority shall make an express finding for each criterion;

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provided this limitation only applies to any modification that would not exceed the thresholds identified in 47 C.F.R. 1.6100(b)(7)(i) through (iv), or any successor provisions; and

3. That the proposed facility will comply with all generally applicable laws, including generally applicable building, structural, electrical and safety codes, noise control ordinances, and other laws codifying objective standards reasonably related to health and safety.

17.46.120 Permit review, renewal and revocation procedure.

A. The City finds that the technology associated with communications equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that communications antennas and related equipment with reduced visual impacts will be available from time to time with comparable or improved coverage and capacity capabilities. There may also be advancements and enhancements with regard to design, practice, operations and structural safety. The City further finds that it is in the interest of the public health, safety, and welfare that communications providers be required to replace older facilities with newer equipment of equal or greater capabilities, reduced visual impacts safety enhancements as technological improvements become available. Therefore, any modifications, other than eligible facilities requests, requested to an existing facility for which a permit issued pursuant to this Chapter authorizing establishment of a wireless communications facility shall permit the Planning Director to review the carrier’s existing facility to determine whether requiring updates to concealment elements and screening techniques that reduce visual impacts is appropriate if technically feasible, and the Planning Director may require such updates as a condition of approval of such modification.

B. At any time, the Planning Director may initiate proceedings to hold a public hearing before Planning Commission to revoke a Wireless Permit issued pursuant to this Chapter. Notice of such a hearing shall be the same as that required for a new WP. Grounds for revocation shall be limited to a finding that (1) the owner or operator has abandoned the facility, (2) the facility is no longer in compliance with either the general requirements or design standards of this title in effect at the time of approval, (3) the facility no longer complies with the conditions of approval and the owner or operator has failed to bring the facility into compliance within ninety (90) days after the Director sends a notice requiring the facility to be brought into compliance, (4) the facility does not comply with applicable FCC or FAA regulations, including those related to RF emissions, (5) the WP was obtained in a fraudulent manner, or (6) ifthe Director determines that the facility poses a threat to the public health, safety, or welfare or is creating a nuisance.
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Exhibit B
LIP Section 2.2 is amended as follows:

2.2. WIRELESS COMMUNICATIONS DEFINITIONS
ANTENNA - A typically metallic device used for radiating or receiving radio waves.

ANTENNA, BUILDING MOUNTED SITES - Antennas which are located and/or mounted on an existing building’s exterior walls.

ANTENNA, ROOF-MOUNTED - An antenna, and its associated support structure, that is attached to a roof of a building or similar structure.

APPLICATION - A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless permit.

APPLICANT - A person filing an application for placement or modification of a wireless communications facility in the City of Malibu.

ELIGIBLE FACILITIES REQUEST or EFR - shall have the meaning as set forth in 47 C.F.R.

Section 1.6100(b)(3), or any successor provision.

FCC - is the Federal Communications Commission or its lawful successor.

MUNICIPAL INFRASTRUCTURE - City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW.

PERMITTEE - Any person or entity granted a wireless ROW permit pursuant to this Chapter.

PERSONAL WIRELESS SERVICES - shall have the same meaning as set forth in 47 U.S.C.

Section 332(c)(7)(C)(i).

PERSONAL WIRELESS SERVICES FACILITY - A wireless communications facility used for the provision of personal wireless services.

PROFESSIONAL ENGINEER or PE - is as defined by Business and Professions Code Section 6701, and shall be interpreted to refer to the specific appropriate engineering branch in issue as defined in Sections 6702 through 6703 and “supervision of the construction of engineering structures” as defined in Section 6703.1.

PUBLIC RIGHT-OF-WAY, OR ROW - Any public street, public way or public place within the City limits, either owned by the City or dedicated to the public for the purpose of travel and 159
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which the City has the responsibility to maintain or manage. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes.

SMALL CELL FACILITY - shall have the same meaning as “small wireless facility” in 47 C.F.R.

1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility—
(i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent structures, or
(iii) does not extend an existing structure on which are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

SUPPORT STRUCTURE - Any structure capable of supporting a base station and/or antenna.

STEALTH FACILITY - A wireless communications facility designed to look like something other than a wireless tower or base station.

UNDERGROUND AREAS - Those areas where there are no electrical facilities or facilities of a local exchange carrier in the right of way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.

UTILITY POLE - A structure in the ROW designed to support electric, telephone and similar utility lines. For the avoidance of doubt, any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities is not a utility pole.

WIRELESS ROW PERMIT OR WRP - A permit issued pursuant to this Chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular 160
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location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached.

WIRELESS COMMUNICATIONS FACILITIES - The wiring, cables, electronic equipment, transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

LIP Section 3.16 is repealed and replaced with the following:

3.16. WIRELESS COMMUNICATIONS FACILITIES

3.16.1 Purpose and objectives
A. Purpose. The purpose and intent of this Section is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless communication facilities and antennas, other than those exempt under Section 3.16.2(C). The regulations contained herein are designed to protect and promote the public health, safety and community welfare and the aesthetic quality and value 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.

1. To retain control of private and public property within the confines of state and federal legislation to regulate wireless communications services.

2. To facilitate the creation of an advanced wireless communications infrastructure for citizens, businesses, industries and schools.

3. To protect the City from potential adverse effects of wireless communications facility development.

4. To ensure that the wireless communications infrastructure is designed to enhance and not interfere with the City’s emergency response network.

3.16.2 Wireless Permit
A. Unless exempted, every person who desires to place a wireless communications facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a Wireless ROW Permit (WRP) pursuant to Chapter 12.02 of the Malibu Municipal Code authorizing the placement or modification. Except for small cell facilities, eligible facilities requests, or any other type of wireless facility expressly allowed in the public right-of way by state or federal law.
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1. Exemptions. Installation of the following antennas and/or appurtenant equipment which comply with all applicable requirements and standards pertaining to radio frequency (RF) emissions are not required to obtain a WRP:
a. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
b. Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing functional facilities.

B. Unless exempted, every person who desires to place or modify a wireless communications facility must obtain a Wireless Permit (WP) authorizing the placement or modification. The WP shall be obtained in one of the following ways, based on facility type:

1. Type 1: The installation or modification of a facility that qualifies as a small cell facility, or eligible facilities request, or collocation of a non-small cell facility; or

2. Type 2: (a) the installation or modification of all wireless facilities that do not qualify as Type 1; and (b) any WP application that includes a waiver request.

3. Exemptions. Installation of the following antennas and/or appurtenant equipment which comply with all applicable requirements and standards pertaining to radio frequency (RF) emissions are not required to obtain a WP:
a. 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:
i. The antenna will be accessory to an existing use and measures thirty-nine (39) inches (one meter) or less in diameter. ii. The antenna will be installed in a location where it is not readily visible from the public right-of-way.
iii. The antenna will not be located within a required setback area, driveway or parking space.
b. Amateur radio antenna (including ham and short wave) provided the antenna does not exceed the maximum base building height for the zoning district in which it is located by more than fifteen (15) feet. c. Communications facilities exempt from the provisions of this Section by operation of state or federal law.
d. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
e. Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing functional facilities.
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C. The determination of whether or not a proposed facility meets the requirements for an exemption shall be made by the Planning Director.

D. Other applicable requirements. In addition to the WP or WRP required herein, the persons who will own or control the facility(ies) must comply with applicable laws, including, but not limited to, applicable laws governing RF emissions, the Americans with Disabilities Act (ADA) and electrical and fire codes.

E. Public Use. Except as otherwise provided by California law, any use of the public rightof-way authorized pursuant to this chapter will be subordinate to the City’s use and use by the public.

3.16.3 Health and safety
A. No wireless communications 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, safety or welfare. All wireless communications facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities should be proactively monitored and maintained to continue and, if possible, improve the safety design.

3.16.4 General Standards for Wireless Communications Facilities A. Generally. Wireless communications facilities shall meet the minimum requirements set forth in this Section, in addition to the requirements of any other applicable law, unless (1) a waiver is required. Waivers shall only be granted on a case-by-case basis and shall be narrowlytailored so that the requirements are waived only to the minimum extent required to address the request.

B. Wireless communications facilities shall be installed and modified in a manner that does not interfere with the use of public or private property or the use of the public right-of-way, in that it minimizes risks to public safety, avoids aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, makes facilities stealth by using concealment elements, and otherwise maintains the integrity and character of the neighborhoods in which the facilities are located and does not impede views; ensures that installations are subject to periodic review to minimize the intrusion on public rights-of-way and public and private property; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public or cause personal or economic harm, interfere with the primary uses of public or private property or the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate facilities or public property. 163
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C. Engineering, Design, and Location Standards. All applications shall comply with the engineering, design and location standards for wireless communications facilities set forth in this Chapter and the Design and Location Standards and Conditions of Approval for Wireless Communications Facilities in the Public Right-of-Way and Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communications Facilities on Land Other than Public Right-of-Way adopted by separate resolutions and as amended.

D. Waivers. Requests for waivers from any requirement of this Section or the standards and wireless regulations set forth in the City Council resolution shall be made in writing to the Director . A waiver may be requested: (1) to avoid a denial of an application that would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations; or (2) for the technical or design reasons specified in the Resolution described in Section 17.46.060(C), as amended. A request for waiver may be granted only if it is demonstrated through clear and convincing evidence that the standard for the waiver has been met. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-tailored so that the requirements of this Section or the standards in the City Council resolution are waived only to the minimum extent required to address the request.

3.16.5 Standard conditions of approval
Each WRP and WF approved pursuant to this Section shall be subject, respectively, to the conditions of approval in the Design and Location Standards and Conditions of Approval for Wireless Communications Facilities in the Public Right-of-Way and Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communications Facilities on Land Other than Public Right-of-Way adopted by separate resolutions and as amended. If no conditions are imposed in the WRP or WP ifthe application is deemed approved by operation of law, then the standard permit conditions of approval in the respective Resolution shall apply to that permit.

3.16.6 Minimum application requirements
A. Applicants shall submit applications on the forms and in the manner approved by the Planning Director. In addition to providing all required fees, all wireless communications facility carriers or providers shall provide the information required by a separate application form published, and updated from time to time, by the City. If no such form is available, then the applicant must submit all documents, information, and any other materials necessary to allow the City to make required findings and ensure that the proposed facility will comply with applicable laws and not endanger the public health, safety, or welfare. The Director may waive certain submittal requirements if prohibited by applicable law or require additional information based on the characteristics of specific projects.
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B. Public Notice. In addition to any other noticing requirements:

The purpose of the notice is to inform the surrounding property owners and residents of the filing of the application and provide an opportunity for comment on the application prior to the approving authority’s decision. The notice shall describe the request, provide a map showing the specific location of the proposed project, describe the review process and timeframes, indicate how to contact the applicant and case planner assigned to the application, and the City-assigned application identifier.

C. Fire Department Review. After submittal by the applicant, the applicable application materials shall be transmitted to the Fire Department for its review and any recommended conditions.

3.16.7 Permit review, renewal and revocation procedure
A. The City finds that the technology associated with communications equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that communications antennas and related equipment with reduced visual impacts will be available from time to time with comparable or improved coverage and capacity capabilities. There may also be advancements and enhancements with regard to design, practice, operations and structural safety. The city further finds that it is in the interest of the public health, safety, and welfare that communications providers be required to replace older facilities with newer equipment of equal or greater capabilities, reduced visual impacts safety enhancements as technological improvements become available. Therefore, any modifications, other than eligible facilities requests, requested to an existing facility that has been issued a WRP or WP shall permit the Planning Director to review the carrier’s existing facility to determine whether requiring updates to concealment elements and screening techniques that reduce visual impacts is appropriate iftechnically feasible, and the Planning Director may require such updates as a condition of approval of such modification.
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3.16.7 Findings
A. A Wireless ROW Permit, other than eligible facilities requests, shall be approved on the basis of the application and other materials or evidence presented, provided the approving authority makes the following findings:

1. The facility is not detrimental to the public health, safety, and welfare;

2. The facility complies with Malibu Municipal Code Chapter 12.02 and all applicable design and development standards; and

3. The facility meets applicable requirements and standards of state and federal law.

B. A Wireless Permits, other than eligible facility requests, shall be approved on the basis of the application and other materials or evidence provided in review thereof provided the approving authority makes the following findings:

1. The facility is not detrimental to the public health, safety, and welfare and will not pose an undue fire risk;

2. The facility complies with Chapter 17.46 of the Malibu Municipal Code and all applicable design and development standards; and

3. The facility complies with state and federal law.

For all Type 2 applications pursuant to Section 3.16.2(B)(2), other than eligible facilities requests, that are proposed to be located in residential, planned development or mobilehome zoning district, the approving authority shall also make the following finding:

4. The facility could not feasibly be located within any other zoning district in the City.

C. All Wireless ROW Permits and Wireless Permits that qualify as eligible facilities requests shall be approved on the basis of the application and other materials or evidence provided in review thereof provided the approving authority makes the following findings:

1. The proposed colocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. 1 .6100(b)(3)-(9), afier application of the definitions in 47 C.F.R. 1.6100(b). The approving authority shall make an express finding for each criterion;

2. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided this limitation only applies to any modification that would not exceed the thresholds identified in 47 C.F.R. 1.61 00(b)(7)(i) through (iv), or any successor provisions; and

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Local Coastal Program Local Implementation Plan Chapter 13 and Appendix 1 is amended as follows:

A. Replace LIP Section 13.4.11 to read as follows:

13.4.11 Wireless Communications Facilities and Utility Pole Exemptions:

1. Pursuant to Section 6409 of the federal Spectrum Act (47 U.S.C Section 1455) and its implementing regulations (47 C.F.R. Section 1.6100), as amended, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall be allowed.

The terms used in this subsection shall have the meaning ascribed to them in 47 C.F.R.

Section 1.6100(b) or any successor provisions.

2. The replacement, minor relocation and modifications (including minor increase in height) ofexisting utility poles to comply with California Public Utility Code requirements.

The exemption does not apply when the project has a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands or public views to the ocean. This exemption does not apply when the height of a replacement utility pole would allow a new facility to be added to the pole, such as the installation of a new wireless communications facility.

B. Add section 13.4.12 to read as follows (moving the content previously in Section 13.4.11 to this new section, with the addition of the underlined text below):

13.4.11 General Requirements for De Minimis Waiver
A. General Requirements for De Minimis Waiver.

1. Improvements to an onsite wastewater treatment system (OWTS) serving a structure that was damaged or destroyed as a result of a natural disaster, where the improvements involve installing a new system or upgrading an existing system to an advanced system on the same lot.

2. Minor improvements to existing driveways or access roads that are required by the fire department after a natural disaster, such as minor changes to the width or grade of driveways or access roads. Access improvements that do not meet the findings for a waiver may be processed as an administrative coastal development permit (ACDP) under Section

13.13.1(A) or as a regular coastal development permit.
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F. Temporary wireless communications facilities on wheels to temporary replace a wireless communications facility that may have been damaged or destroyed as a result of a natural disaster provided the antennas and poles do not exceed the height ofthe approved facility and is removed immediately after the damaged or destroyed facility is constructed or in no case more than six months.

G. Amend Appendix 1 TABLE B PERMITTED USES to replace all references to “WTF” with “WP” and “Wireless Telecommunication Facility” with “Wireless Permit”.

3. New wireless communications facilities that qualify as small cell facilities that comply with the design standards set forth in the Design and Location Standards for Wireless Communications Facilities in the Public Right-of-Way and Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communications Facilities on Land Other than Public Right-of-Way adopted by separate resolutions and as amended.

Amend LIP Section 13.13.1(A) to add a new subsection (7) as follows:

7. Wireless communication facilities other than eligible facility requests or small cell facilities.

Amend LIP Section 13.4.9 to read and to add a new subsection (F) as follows:

13.4.9 Exemption for Temporary Event and Structure
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provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder ofthe Ordinance shall be and shall remain in full force and effect, valid, and enforceable.

SECTION 8. The City Clerk shall certify the adoption of this Ordinance.

PASSED, APPROVED AND ADOPTED this 26t1~ day of April 2021.

ATTEST:

PAUL G ANTI, Mayor
KELSE~ETTJJOHN, Acting City Clerk
(seal)
Date: ~
APPROVED AS TO FORM:
~Z ______
JOHN ,(~OTTI, Interim City Attorney
Any action challenging the final decision of the City made as application must be filed within the time limits set forth in Section and Code of Civil Procedure.
a result of the public hearing on this

1.12.010 of the Malibu Municipal Code
I CERTIFY THAT THE FOREGOING ORDINANCE NO. 484 was passed and adopted at the Regular City Council meeting of April 26, 2021, by the following vote:

AYES:

NOES:

ABSTATN:

ABSENT:
5 Councilmembers:
0 0
0 Farrer, Silverstein, Uhring, Grisanti, Pierson
K~LSE1~T1~IJOHN, Acting City Clerk
(seal)
169
RESOLUTION NO. 20-65

A RESOLUTION OF THE CITY OF MALIBU ADOPTING ENGINEERING,

DESIGN AND LOCATION STANDARDS AND CONDITIONS OF
APPROVAL FOR WIRELESS FACILITIES IN THE PUBLIC RIGHT-OFWAY AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, resolve and order as follows:

SECTION 1. Recitals
A. Chapter 12.02 of the Malibu Municipal Code governs the permitting, installation, and regulation of personal wireless services facilities in the City’s public right-of-way (ROW); B. Section 12.02.050(D) provides that “[a]ll applicants shall engineer, design and locate the wireless facilities in accordance with the standards and wireless regulations set forth separately though the resolution adopted by the City Council;” C. The City’s public rights-of-way are a uniquely valuable public resource, closely linked with the City’s character, making the regulation of wireless installations in the public rights-of-way necessary to protect and preserve the aesthetics in the community; D. Being authorized to do so, the City wishes to establish engineering, design and development standards applicable to wireless installations in the public rights-of-way; E. The City also wishes to set standard conditions of approval applicable to wireless ROW pemiits; and
F. On December 9, 2020 the City Council conducted a duly noticed public hearing and received testimony from City staff and all interested parties regarding the engineering, design and development standards.

SECTION 2. Purpose The purpose of this document is to (1) establish design and location standards (Standards) for wireless facilities in the public right-of-way (ROW) within the City; and (2) set standard conditions of approval for Wireless ROW Permits (WRP5).

SECTiON 3. Definitions For the purposes of these Standards, the definitions set forth in Malibu Municipal Code (MMC) Section 12.02.020 are incorporated by reference into this Resolution and in addition the following definitions apply:

A. “Pole-mounted facility” means a wireless facility that is, or is proposed to be, attached to or contained in a pole.

B. “Stealth facility” (or “stealth facilities”) means a wireless facility designed to look like something other than a wireless tower or base station.

Attachment 7
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SECTION 4. General Standards for all Facilities The following standards shall apply to all wireless facilities in the ROW:

A. All wireless facilities shall be engineered and designed to minimize the visual impact 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 antenna possible to accomplish the facility’s objectives. 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.

B. Prohibition of Generators. Permanent generators are prohibited.

C. General Orders. All installations shall comply with applicable California Public Utilities Commission (“CPUC”) General Orders, including, but not limited to General Order 95, and, if stricter, the pole owner’s safety standards. None of the engineering or design standards are meant to conflict with or cause a violation of CPUC General Orders. Accordingly, the Standards can be adjusted on a case-by-case basis if it is demonstrated that adjustment is necessary to ensure compliance with CPUC rules on safety.

D. Electric Service. The permittee shall request that the permittee’ s electric service provider apply flat-rate billing for any proposed electric service, wireless smart metering or other alternative metering option that would obviate the need for an above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded “smart meter” that shall not exceed the width of the pole; provided, however that such smart meter shall be placed at least ten (10) feet above ground level. If the proposed project involves a ground-mounted equipment cabinet, an electric meter may be integrated with and recessed into the cabinet, but the Director shall not approve a separate ground-mounted electric meter pedestal unless (1) the separate ground-mounted meter pedestal would be placed off the sidewalk and (2) the applicant demonstrates with clear and convincing evidence that all other alternatives for the electric meter are not available.

All support equipment located within cabinets, shelters, or similar structures shall be screened from public view to the maximum extent feasible. Undergrounding of support equipment is required wherever practicable.

E. Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.
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F. Safety. All wireless facilities, including each piece of equipment, shall be located and placed in a manner so as to not interfere with the public use of the Row; impede the flow of vehicular or pedestrian traffic; impair the primary use and purpose of poles/signs/traffic signals or other infrastructure; interfere with outdoor dining areas or emergency facilities; or otherwise obstruct the accessibility of the ROW. Further, all wireless facilities and associated equipment shall comply with Americans with Disabilities Act (ADA) requirements.

G. Fire and Electrical Safety Standards. All wireless facilities shall contain:

1. A power shut off readily accessible to fire service personnel for emergencies;

2. Surge protection for lightning discharge or other significant electrical disturbances;

3. Signage as required by the permit conditions, the National Electric Code or the Los Angeles County Fire Department Chief or his or her designee; and

4. Instructions for first responders to de-energize the equipment.

H. Noise. Wireless facilities and equipment must comply with the City’s noise ordinance in MMC 8.24, or any successor provisions, and be designed to prevent noise and sound from being plainly audible at a distance of fifty (50) feet from the facility or within ten (10) feet of any residence.

Lighting. 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.

J. Signs. No facility may display any signage or advertisement unless it is expressly allowed by this paragraph or required by law or a permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the owner’s unique site number and a local or toll-free telephone number to contact the facility owner’s operations center.

K. Landscaping. 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. In addition to any landscaping used for concealment or screening purposes, the applicant 172
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shall replace any existing landscaping displaced during construction or installation of the applicant’s facility. The applicant’s landscaping plan shall be subject to the City’s review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site consistent with MMC Section 17.53.090.

SECTION 5. Location Standards for All Facilities The location standards for all wireless facilities, other than those that qualify as eligible facilities requests, in the ROW are as follows:

A. Spacing. Wireless facilities located adjacent to any residential zone district, except for those facilities placed on utility poles located along Pacific Coast Highway or other major arterial roadways as depicted in Figure Cl-i of the City’s General Plan, shall not be located within six hundred (600) feet of any other wireless facility, unless a finding is made, based on technical evidence acceptable to the Planning Director, as appropriate, showing a clear need for the facility and that no technically feasible alternative site exists. This provision does not apply to wireless facilities located adjacent to any commercial zone district.

B. Location preference for wireless facilities should be given to the following:

1. Installations along major arterial roadways as depicted in Figure CT-i of the City’s General Plan.

2. Facilities attached to existing utility poles or street lights, or sited adjacent to existing structures not used for human habitation or school grounds or to playgrounds or parks. Whenever possible, facilities shall be located on and/or inside existing structures.

3. Sites that are not highly visible from adjacent roadways and do not obstruct views of impressive scenes off the Pacific Ocean, offshore islands, the Santa Monica Mountains, canyons, valleys, or ravines.

4. Unless otherwise indicated in this title, no wireless 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.

C. Discouraged Locations/Zones.

1. Wireless facilities that are within 250 feet from the property line of an open space or recreational area.

2. Wireless facilities that are less than five hundred (500) feet from school grounds, playgrounds or parks.
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3. Wireless facilities that are less than four hundred fifty (450) feet from any other existing wireless facility within or adjacent to any residential zone district, except for those facilities placed on utility poles located along Pacific Coast Highway or other major arterial roadways as depicted in Figure Cl-i of the City’s General Plan.

D. Placements shall not be in front of dwelling units or schools.

SECTION 6. Undergrounding Standards for All Facilities With regard to undergrounding wireless facilities, the following standards apply:

A. Equipment, including remote radio units (RRU5) that cannot be placed with the antenna in the shroud, must be placed underground, subject to Section 7(B) below. Vaults and pull boxes shall be installed flush to grade.

B. Ground-mounted equipment is prohibited unless required for technical reasons.

1. If required, ground-mounted wireless facilities shall be located near existing structures or trees at similar heights for screening purposes. The equipment shall be enclosed in cabinets, sized only for the necessary equipment. Further, if ground mounted, the antennas, equipment, cabinet 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. As such, ground-mounted equipment shall be stealth.

2. The ground-mounted equipment must not obstruct ocean views.

3. Not more than one ground-mounted antenna shall be permitted on each site.

SECTION 7. Design Standards for all Facilities The general design standards for wireless facilities in the ROW are as follows:

A. Materials. The materials used shall be non-reflective and non-flammable.

B. Cabinet doors must be designed to stay securely closed, and openings in all facilities shall be shielded or made the smallest size feasible to protect against fire and wind-blown embers.

C. The pole, or other support structure, and all equipment shall be designed to withstand forces from seismic events.
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D. All connections between various components of the facility, power lines, and conduit shall be designed in a manner to protect against damage by a natural disaster, a vehicular accident, an act of vandalism or similar external forces.

E. Stealth. The wireless facility shall be stealth. Stealth elements and techniques should be used to blend the facility with surrounding materials and colors of the support structure and make the facility appear to be something other than a wireless facility. Stealth elements include, but are not limited to, the following:

1. Radio frequency (RF) transparent screening or shrouds;

2. Matching the color of the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and cabling;

3. Placing cables and wires inside the pole or beneath conduit of the smallest size possible;

4. Minimizing the size of the site;

5. Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site; and

6. Using paint of durable quality.

F. Curb Setback Requirements. New or replacement poles shall be a minimum of 18 inches from the face of the curb.

G. Collocation. The City has a preference for the use of existing infrastructure. Wireless facilities shall be collocated on existing poles or other facilities when possible. No permittee shall restrict access to an existing antenna location if required to collocate by the City and if possible to do so.

H. Minimum Height. All antennas shall be located such that: (1) 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; and (2) no person at ground level will be exposed to an exposure level that is higher than allowed by the FCC’s general population exposure rules.

Strand-mounted Facilities. Strand-mounted facilities are encouraged. The facilities must be stealth and of the smallest size that is technically feasible to reduce aesthetic impacts.
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SECTION 8. Engineering and Design Standards for Pole-Mounted Facilities In addition to the generally applicable standards set forth above, the design standards for pole-mounted facilities in the ROW are as follows:

A. Facilities on Streetlight Poles.

1. Stealth. The facility shall be engineered, designed, painted, coated, and otherwise made to maintain the look of a streetlight pole rather than a wireless facility, tower, or base station.

2. Antennas and RRUs. Antennas shall be top-mounted in a shroud, and RRUs and other equipment shall be placed underground. If RRUs and equipment cannot be underground, then they shall be placed within the shroud with the antenna. RRUs attached to the side of the pole or ground-mounted are discouraged, but ifthey are required due to technical reasons, they should use the smallest RRU volume possible and be stacked vertically and close together with minimal distance from the pole.

3. Dimensions. Antennas shall be of the smallest possible size, but in no case more than three cubic feet in volume. Pole-top wireless facilities, including shroud, shall be no more than 60 inches in height and 14.5 inches in diameter.

4. Cables and Wiring. All cables and wiring must be within the pole.

B. Facilities on Wood Utility Poles.

1. Stealth. The facility shall be engineered, designed, painted, coated, and otherwise made to maintain the look of a utility pole rather than a wireless facility, tower, or base station.

2. Antennas. The preferred mounting type for wireless facilities on wood utility poles is side-mounting.
a. Side-mounted Facilities. Antennas and RRUs shall be midpole mounted (i.e., mid-pole mounted) in a shroud. If RRUs are attached to the side of the pole, the facility should use the smallest RRU volume possible, and the
RRUs should be stacked vertically and close together with minimal distance from the pole.
(1) Antennas shall be of the smallest possible size, but in no case more than three cubic feet in volume.
(2) Side-mounted wireless facilities shall be of the
smallest size technically feasible and shall not
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project from the pole more than 30 inches. The
diameter of the shroud shall be no greater than the
diameter of the pole or 14.5 inches, whichever is
less. Side-mounted facilities shall only extend out
on one side of the pole.
b. Top-mounted Facilities. Antennas and RRUs shall be topmounted in a shroud. (1) Dimensions. Antennas shall be of the smallest
possible size, but in no case more than three cubic
feet in volume.
(a) Pole-top wireless facilities, including
shroud, shall be no more than 72 inches in
height and 14.5 inches in diameter.

3. Cables and Wiring. All cables and wiring must be within the conduit on the exterior of the pole. The conduit must be a color that matches the pole and of the smallest size technically feasible.

C. Replacement Poles. If an applicant proposes or is required to install a replacement pole to accommodate the proposed facility:

Placement. A replacement pole must be in the same location as the pole that it is replacing or as close to the original location as possible, taking into account pole owner safety-related requirements and all applicable location and placement standards herein.

2. Design. Replacement poles should match the design (e.g., color, dimensions, height, style, and materials) of the existing pole that is being replaced.

3. Cables and Wiring. All cables and wiring on non-wood poles must be within the structure. All cables and wiring on wood poles must be within conduit on the exterior of the pole. The conduit must be a color that matches the pole and of the smallest size technically feasible.

4. Stealth. The facility should be stealth, as defined above in Section 4(B).

D. New (Non-Replacement) Poles.

Waiver Required. New poles are prohibited, unless a waiver is approved by the City to prevent a prohibition of service. 177
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2. Design. New poles (including antenna) shall have a maximum height of 28 feet and a maximum diameter of 14 inches, and any base enclosure shall not exceed 24 inches in width or height. If existing poles are present in the surrounding area, then the new pole shall be designed to resemble the existing poles in appearance, color, materials, and distribution pattern/spacing.

3. New wooden poles are prohibited, unless required to match existing poles in the area surrounding the proposed installation site.

4. Cables and Wiring. All cables and wiring on non-wood poles must be within the pole. All cables and wiring on wood poles must be within the conduit on the exterior of the pole. The conduit must be a color that matches the pole and of the smallest size technically feasible.

5. Antennas and RRUs. Antennas and RRUs shall be contained within the pole and its base or underground.

6. Stealth. The facility must be stealth, as defined above in Section 4(B).

SECTiON 9. Exceptions to These Standards
A. An exception may be granted to one or more of these Standards in the following circumstances:

Pursuant to MMC Section 12.02.050(E), if an applicant
demonstrates to the Director or Hearing Officer in writing with clear and convincing evidence that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. All waivers approved pursuant to MMC Section 12.02.050(E) shall be (1) granted only on a case-bycase basis, and (2) narrowly-tailored so that the requirements of these Standards are waived only to the minimum extent required to avoid the prohibition or violation.

2. If an applicant demonstrates to the Director or Hearing Officer with clear and convincing evidence set forth in a feasibility study that compliance with a requirement of the policy would be technically infeasible and the proposed wireless facility complies with the requirements of this policy to the greatest extent technically feasible. For example, an exception to a requirement to conceal antennas in a shroud may be granted if shrouding is shown to be technically infeasible and an alternative concealment such as 178
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a colored film wrap is proposed. As another example, an exception to the volume limitation for antennas in a single shroud may be granted if the applicant can demonstrate that a greater volume is technically required, and that it is using the smallest, technically feasible engineering and design for providing personal wireless services, taking into account the other requirements of these Standards; or

3. If an applicant demonstrates to the Director or Hearing Officer in writing and based on clear and convincing evidence that the particular engineering, design or location proposed involves only minor non-compliance with a requirement of these Standards but such non-compliance either results in no increase in visual harms to the community or provides other benefits. For example, an exception to the antenna or equipment size or volume limitations may be granted when the applicant can demonstrate that because of the proposed location of the wireless facility away from viewsheds of residences or shielded by vegetation or existing infrastructure (such as barriers) in the public ROW, any additional visual and physical impacts of the larger wireless facility would be insignificant. As another example, an exception to the wireless facility location limitations may be granted when the applicant can demonstrate that the placement is less visible from viewsheds of residences or shielded by vegetation or existing infrastructure (such as barriers) in the public right-of-way, or is less physically intrusive (for example, less impactful to tree roots or reduces noise), or the applicant can demonstrate that in a multi-site deployment, the placement would reduce the overall number of sites needed and be no more visible or physically intrusive than placement in accordance with the wireless location criteria. Among other factors, in deciding whether or not to grant an exception, the Director may consider the impact of expansions to the facility that the applicant would be entitled to make as of right if granted.

B. Factors to be addressed in a feasibility study requesting an exception to undergrounding requirements based on feasibility shall include but are not limited to construction impacts (including duration and extent of excavation and soil disturbance); traffic and pedestrian impacts (including impediments to access during construction and maintenance, or permanent impediments due to the nature of particular equipment); operational challenge (such as water, heat, or maintenance complications affecting network reliability); noise impacts (such as venting and pumping which may be required in some instances); cost impacts; aesthetic considerations; and permanent impacts to the integrity and future capacity of public ROW. 179
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C. Exceptions must be requested at the time an application is initially submitted for a WRP. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. Any request for exception after the Director has deemed an application complete constitutes a material change to the proposed wireless facility and shall be considered a new application. A request for exception from one or more requirements does not relieve the applicant from compliance with all other applicable provisions of law or of these Standards.

SECTiON 10. Standard Conditions of Approval for Permits Under MMC Chapter 12.02 A. Generally. In addition to any supplemental conditions imposed by the Director of Planning or the Hearing Officer, as the case may be, all permits under MMC Chapter 12.02 shall be subject to the following conditions, unless modified by the approving authority:

1. The permittee, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City’s actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City’s actions or decisions in connection with this project or seeks to hold the City liable in whole or in part as a result of the engineering, design, construction or operation of the facility. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Subsequent submittals for this project shall be in substantial compliance with the plans date-stamped received by the Planning Department on _____________. The project shall comply with all conditions of approval stipulated in the referral sheets attached to the agenda report for this project. In the event the project plans conflict with any condition of approval, the condition shall take precedence and revised plans shall be submitted and approved by the Planning Director prior to the Environmental Sustainability Department for plan check.

3. The permit and rights conferred in this approval shall not be effective until the permittee signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 30 days of this decision or prior to issuance of any wireless ROW, building, electrical or encroachment permit. 180
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4. The applicant shall digitally submit a complete set of plans, including the items required in Condition No. 5 to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

5. This Notice of Decision (including the signed and notarized Acceptance of Conditions Affidavit) shall be copied in its entirety and placed directly onto a separate plan sheet(s) to be included in the development plans prior to submitting any development permits from the City of Malibu Environmental Sustainability Department and encroachment permit.

6. A WRP shall be valid for a period often (10) years from issuance, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end often (10) years from the date of issuance, such wireless ROW permit shall automatically expire, unless an extension or renewal has been granted. A person holding a WRP must either (1) remove the facility within thirty (30) days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted.

7. The installation and construction authorized by a WRP shall be completed within three (3) years after its approval, or it will expire without further action by the City unless prior to the three (3) years the applicant submit an extension request and the City, in its sole discretion, grants a time extension for due cause. The installation and construction authorized by a wireless ROW permit shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within thirty (30) days following the day construction commenced. The permittee must provide written notice to City within ten (10) days after completing construction.

The expiration date shall be suspended until an appeal and/or litigation regarding the subject permit is resolved.

8. The Planning Director may grant up to four one-year extensions of the timeline, in Condition 7 above, for completing the installation and construction authorized by a WRP, if the Planning Director 181
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finds that the conditions, including but not limited to changes in the wireless ordinance under which the WRP approval was issued, have not significantly changed.

9. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

10. All structures shall conform to the requirements of the Environmental Sustainability Department, City Public Works Department, FCC and Los Angeles County Fire Department
requirements, as applicable. Notwithstanding this review, all required permits, including but not limited to an encroachment permit from the City, shall be secured.

11. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC. An application with all required materials and fees shall be required.

Cultural Resources

12. In the event that potentially important cultural resources are found in the course of geologic testing, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning Director can review this information. Where, as a result of this evaluation, the Planning Director determines that the project may have an adverse impact on cultural resources, a Phase II Evaluation of cultural resources shall be required pursuant to MMC Section 1 7.54.040(D)(4)(b).

13. If human bone is discovered, the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed.

These procedures require notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.
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Wireless Facility Conditions

14. All antennas shall meet the minimum siting distances to public/uncontrolled areas required for compliance with the FCC regulations and standards governing the environmental effects of radio frequency emissions. Permittee shall keep up-to-date on current information from the FCC in regards to maximum
permissible radio frequency exposure levels. In the event that the FCC changes its guidelines for human exposure to radio frequency, permittee shall, within 30 days after any such change, submit to the Planning Director a report prepared by a qualified engineer that demonstrates actual compliance with such changed guidelines. The Director may, at permittee’s sole cost, retain an independent consultant to evaluate the compliance report and any potential modifications to the permit necessary to conform to the FCC’s guidelines. Failure to submit the compliance report required under this condition, or failure to maintain compliance with the FCC’s guidelines for human exposure to radio frequency at all times shall constitute grounds for permit revocation.

15. All antennas shall be located so that any person walking adjacent to the transmitting surface of the antenna will be walking on a grade, which is a minimum of eight and one-half feet below the transmitting surface.

16. All antennas, equipment, and support structures shall be engineered and designed to prevent unauthorized climbing.

17. The wireless facility shall be erected, operated, and maintained in compliance with the general requirements set forth in the Standards.

18. The antenna and electrical support equipment shall, at all times, be operated in a manner that conforms to the applicable federal health and safety standards.

19. Wireless facilities and equipment must comply with the City’s noise ordinance in MMC 8.24, or any successor provisions, and prevent noise and sound from being plainly audible at a distance of fifty (50) feet from the facility or within ten (10) feet of any residence.

20. The installation of a permanent onsite generator and/or other equipment is prohibited. The Planning Director’s approval is required if a generator is to be placed onsite for temporary or permanent use.
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21. All pole-mounted equipment associated with the application shall be located no lower than eight feet above grade or ground level on the utility pole.

22. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. 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. The City shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case, shall notify permittee within 24 hours of doing so.

23. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

24. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of five million dollars ($5,000,000) per occurrence for bodily injury and property damage and six million dollars ($6,000,000) general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide thirty (30) days’ prior notice to the City of to the cancellation or material modification of any applicable insurance policy.

25. Prior to issuance of a wireless encroachment permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall 184
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be paid when the security is posted and during each administrative review.

26. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City’s structure, improvement, or property. Prior to commencement of any work pursuant to a WRP, the permittee shall provide the City with documentation establishing to the city’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or City utility easement to be affected by permittee’s facilities.

27. The permission granted by a WRP shall not in any event constitute an easement on or an encumbrance against the ROW. No right, title, or interest (including franchise interest) in the ROW, or any part thereof, shall vest or accrue in permittee by reason of a WRP or the issuance of any other permit or exercise of any privilege given thereby.

28. No possessory interest is created by a WRP. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee
acknowledges that City has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a WRP may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against permittee’s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this WRP.

29. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on municipal infrastructure. This permit is not a substitute for such agreement. 185
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30. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the City, any or all of its facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.

31. If a facility is not operated for a continuous period of three (3) months, the WRP and any other permit or approval therefore shall be deemed abandoned and terminated automatically, unless before the end of the three (3) month period (i) the Director has determined that the facility has resumed operations, or (ii) the City has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the facility is determined to have ceased operation or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. Ifthe facility is not removed within thirty (30) days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned but will not be effective for the entirety thereof until all users cease use thereof.

32. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.
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Construction

33. Installation hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m.

No installation activities shall be permitted on Sundays and Citydesignated holidays. The restricted work hours described in this condition do not apply to emergency maintenance necessary to protect health or property. The City of Malibu may issue a Stop Work Order if permittee violates this condition. Construction activities shall be conducted in compliance with, and abide by, all applicable safety codes.

Site Specific Conditions

34. In the event that the electric service provider does not currently offer an alternative metering option, the permittee shall remove the above-grade electric meter when such option becomes available.

Prior to removing the above-grade electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.

35. The permittee acknowledges that the City specifically includes conditions of approval related to (a) painting, coloring or finishing the equipment to match the pole; (b) undergrounding all equipment to the extent possible; and (c) installing equipment within shrouds, conduits and risers as concealment elements engineered and designed to integrate the wireless facility with the surrounding built and natural environment. Any future modifications to the permittee’s wireless facility must maintain or improve all concealment elements.

36. Before the permittee submits any applications for construction, encroachment, excavation or other required permits in connection with this permit, the permittee must incorporate a true and correct copy of this permit, all conditions associated with this permit and any approved photo simulations into the project plans (collectively, the “Approved Plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans as determined by the Director or the Director’s designee. Any substantial or material alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the Director’s prior review and approval, 187
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who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.

37. The permittee shall install and at all times maintain in good condition a “Network Operations Center Information” and “RF Caution” sign on the utility pole no less than three (3) feet below the antenna (measured from the top of the sign) and no less than nine (9) feet above the ground line (measured from the bottom of the sign). Signs required under this condition shall be installed so that a person can clearly see the sign as he or she approaches within three (3) feet of the antenna structure. If any person on or within the public ROW is or may be exposed to emissions that exceed applicable FCC uncontrolled/general population limits at any time the sign shall expressly so state and provide instructions on how persons can avoid any such exposure. The sign shall also include the name(s) of the facility owner(s), equipment owner(s) and operator(s)/carrier(s) of the antenna(s), property owner name, as well as emergency phone number(s) for all such parties. The sign shall not be lighted, unless applicable law, rule or regulation requires lighting. No signs or advertising devices other than required certification, warning, required seals or signage, other signage required by law, this Chapter, any City or applicable state code or the Los Angeles County Fire Department Chief or his or her designee shall be permitted. The sign shall be no larger than two (2) square feet.

38. The permittee shall ensure that all signage complies with FCC Office of Engineering and Technology Bulletin 65, CPUC General Order 95 or American National Standards Institute C95 .2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC.

39. In the event that the FCC changes any of radio frequency signage requirements that are applicable to the project site approved herein or ANSI Z535.1, ANSI Z535.2, and ANSI C95.2 standards that are applicable to the project site approved herein are changed, the permittee, within 30 days of each such change, at its own cost and expense, shall replace the signage at the project site to comply with the current standards.
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40. The permittee shall maintain the paint, color and finish of the facility in good condition at all times.

41. All improvements, including foundations, and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation conditions within 90 days of cessation of operation or abandonment of the facility.

42. Build-Out Conditions.
a. Permittee shall not commence any excavation,
construction, installation or other work on the project site until and unless it demonstrates to the City Public Works Department that the project complies with all generally applicable laws, regulations, codes and other rules related to public health and safety, including without limitation all applicable provisions in California Public Utilities
Commission General Order 95 and MMC Chapters 8.12,

8.24 and 15.08.
b. To the extent that the pole owner requires greater or more restrictive standards than contained in California Public Utilities Commission General Order 95, those standards
shall control.

43. Permittee shall at all times maintain compliance with all applicable federal, State and local laws, regulations, ordinances and other rules, including Americans with Disabilities Act (ADA)
requirements.

44. The permittee shall cooperate with all inspections. The City and its designees reserves the right to support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

45. 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. All such contact information for responsible parties shall be provided to the Planning Department at the time of permit issuance and within one business day of permittee’s receipt of City staffs written request.

46. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise 189
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from the construction, operation, maintenance, modification and removal of the facility.

47. The site and the facility must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

48. Permittee shall promptly remove any graffiti on the wireless facility at permittee’s sole expense within 48 hours after notice.

Prior to Operation

49. The applicant shall request a final Planning Department inspection immediately after the wireless facility has been installed and prior to the commencement of services and final electrical inspection by the City of Malibu Environmental Sustainability Department.

50. Within thirty (30) calendar days following the installation of any wireless facilities, the applicant shall provide to the Planning Department with a field report prepared by a qualified engineer verif~iing that the unit has been inspected, tested, and is operating in compliance with FCC standards. Specifically, the on-site postinstallation radiofrequency (RF) emissions testing must demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety guidelines for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. Such report and documentation shall include the make and model (or other identifying information) of the unit tested, the date and time of the inspection, a certification that the unit is properly installed and working within applicable FCC limits, and a specific notation of the distance from the transmitter at which the emissions are equal to or less than the uncontrolled/general population limit.

51. The operation of the approved facility shall commence no later than one (1) month after the City completes its post-installation inspection of the facility, any issues with the facility are resolved, and the City receives the RF testing report required in the condition of approval above, or the wireless ROW permit will expire without further action by the City.
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Fixed Conditions

52. Violation of any of the conditions of this approval shall be cause for revocation and termination of all rights thereunder.

Eligible Facilities Requests
In addition to all of the other conditions of approval placed on a WRP, all permits for an eligible facilities request under MMC Chapter 12.02 shall be subject to the following additional conditions, unless modified by the approving authority:

53. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

54. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

55. The City’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

Small Cell Facilities
In addition to the other conditions of approval placed on a WRP, all permits for a small cell facility under MMC Chapter 12.02 shall be subject to the following additional condition, unless modified by the approving authority:

56. The City’s grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules. 191
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SECTION 11. Environmental Review
This Resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Resolution does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Resolution is a “project” within the meaning of State CEQA Guidelines section 15378, the Resolution is exempt from CEQA on multiple grounds. First, the Resolution is exempt CEQA because the City Council’s adoption of the Resolution is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 1506l(b)(3)). That is, approval of the Resolution will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Resolution, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Resolution is interpreted so as to permit installation of wireless facilities on a particular site, the installation would 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 12. This Resolution will become effective immediately upon adoption.

SECTION 13. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 9th day of December 2 0.

MIKI~E PIERSON, Mayor
ATT1~SL
7Th
~L~2J b4~4-U~
HE~THERGLA~k~City Clerk
f (seal)
OVED AS TO FORM:

F
C~WRISTI HOGIN, City~MJorney
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I CERTIFY THAT THE FOREGOING RESOLUTION NO. 20-65 was passed and adopted by the City Council of the City of Malibu at the Special meeting thereof held on the 9th day of December 2020 by the following vote:

AYES: 5 Councilmembers: Farrer, Mullen, Wagner, Peak, Pierson NOES: 0
ABSTAIN: 0
ABSENT: 0
HEATHER GLASER.’ E~ity Clerk
(seai)
193
RESOLUTION NO. 21-17

A RESOLUTION OF THE CITY OF MALIBU ADOPTING ENGINEERING,

DESIGN AND LOCATION STANDARDS, CONDITIONS OF APPROVAL

AND BASIC APPLICATION REQUIREMENTS FOR WIRELESS

COMMUNICATIONS FACILITIES ON LAND OTHER THAN PUBLIC
RIGHT-OF-WAY; AND FINDING THE SAME EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, resolve and order as follows:

SECTION 1. Recitals
A. Malibu Municipal Code (MMC) Chapter 17.46 governs the permitting, installation, and regulation of wireless communications facilities in the City, other than those in the public right-of-way, which are subject to MMC Chapter 12.02.

B. Section 17.46.060(D) provides that “[a]ll applicants shall engineer, design and locate the wireless communications facilities in accordance with the standards and wireless regulations set forth separately though the resolution adopted by the City Council.” C. Being authorized to do so, the City wishes to establish engineering, design and development standards applicable to wireless installations.

D. The City also wishes to set standard conditions of approval and basic application requirements applicable to wireless permits.

E. On April 12, 2021 the City Council conducted a duly noticed public hearing and received testimony from City staff and all interested parties regarding the and the standards, conditions and requirements.

SECTION 2. Purpose. The purpose of this document is to (1) establish design and location standards (Standards) for wireless communications facilities on land other than public right-ofway; (2) set standard conditions of approval for Wireless Permits (WPs); and (3) set basic application requirements for WPs.

SECTION 3. Definitions. For the purposes of these Standards, the definitions set forth in Malibu Municipal Code (MMC) Section 17.46.040 are incorporated by reference into this Resolution and in addition the following definitions apply:

A. “Park” A parcel, parcels of land or a portion of a parcel intended for active public recreation uses. Parks may include sports fields, playgrounds community buildings and unique or specialized activity areas. Land dedicated for open space and trails are not considered parks for the purposes of this Chapter.

Attachment 8
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B. “Playground” A portion of land used for and equipped with public facilities for recreation specially by children. A playground includes the sand or rubberized floor around the apparatus.

C. “Pole-mounted facility” means a wireless communications facility that is, or is proposed to be, attached to or contained in a pole.

D. “School” any building, campus or sports field which is designed, constructed or used for education, instruction or school sports, whether public or private, in any branch of knowledge.

E. “Stealth facility” (or “stealth facilities”) means a wireless communications facility designed to look like something other than a wireless tower or base station.

SECTION 4. General Standards for all Facilities The following general requirements apply at all times to all wireless communications facilities located in all zoning districts:

A. All wireless communications facilities shall be engineered and designed to minimize the visual impact 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 antenna possible to accomplish the facility’s objectives. 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.

B. Each facility must comply with any and all applicable provisions of the Malibu Municipal Code, including but not limited to provisions of the California Building Code, California Electric Code, California Plumbing Code, California Mechanical Code, and California Fire Code, and any conditions of approval imposed as part of the approval process.

C. 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 (FCC) and the Federal Aviation Administration (FAA). Further, all wireless communications facilities, associated equipment and services shall comply with Americans with Disabilities Act (ADA) requirements.

D. Fire and Electrical Safety Standards. All wireless communications facilities shall contain:

1. Surge protection for lightning discharge or other significant electrical disturbances; and
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2. Signage as required by the permit conditions, the National Electric Code or the Los Angeles County Fire Department Chief or their designee.

E. The facility must at all times comply with all applicable health requirements and standards pertaining to radio frequency emissions.

F. All antennas shall meet the minimum siting distances to habitable structures required for compliance with FCC regulations and standards governing the environmental effects of radio frequency emissions.

G. Noise. Wireless communications facilities and equipment must comply with the City’s noise ordinance in MMC Chapter 8.24, or any successor provisions, and be designed to prevent noise and sound from being plainly audible at a distance of fifty (50) feet from the facility or within ten (10) feet of any residence.

H. Signs. No facility may display any signage or advertisement unless it is expressly allowed by this paragraph, necessary for stealth concealment purposes, or required by law or a permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the owner’s unique site number and a local or toll-free telephone number to contact the facility owner’s operations center.

Landscaping. 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. In addition to any landscaping used for concealment or screening purposes, the applicant shall replace any existing landscaping displaced during construction or installation ofthe applicant’s facility. The applicant’s landscaping plan shall be subject to the City’s review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site consistent with MMC Section 17.53.090. The permittee shall ensure that any vegetation allowed to remain in place under the Fire Code, including vegetation provided for screening, is properly maintained and watered.

J. 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.

K. 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. 196
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L. Lighting of antenna structures and their electrical support equipment is prohibited, except as required by any order or regulation of the FCC or the FAA and except for manually operated emergency lights for use when official operating personnel are on site.

M. A backup power supply must be required for all new wireless communications facilities to the extent allowed by law and in compliance with California Fire Code 1206.2.2.

SECTION 5. Location Standards for All Facilities The location standards for all wireless communications facilities, other than those that qualify as eligible facilities requests, are as follows:

A. No wireless telecommunication facility shall be located within five hundred (500) feet of any school, playground, or park unless a finding is made, based on technical evidence acceptable to the reviewing authority showing a clear need for the facility and that no technically feasible alternative site exists.

Except for facilities installed on the same pole or tower as an existing wireless telecommunication facility, wireless telecommunication facilities located within any residential zone district shall not be located within one thousand (1,000) feet of any other wireless communications facility, except from those facilities placed on utility poles along Pacific Coast Highway, unless a waiver is granted.

B. All new freestanding wireless communications facilities and monopoles shall be set back a minimum distance of at least one hundred and twenty (120) percent of the height of the facility or monopole from any property line abutting a residentially zoned property. This minimum setback is not subject to the waivers allowed under Section 7 of this Resolution.

C. Location preference for wireless communications facilities should be given to the following:

1. Property designated non-residential (except for public open space and recreational vehicle park zoning districts), unless otherwise prohibited pursuant to this title.

2. 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, light standards and roadway overpasses.

3. Sites with minimum separation. Sites that are more than five hundred (500) feet from school, playgrounds, and parks. 197
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4. Sites that are not highly visible from adjacent roadways.

5. Unless otherwise indicated in MMC Chapter 17.46 or these Standards, no wireless 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.

6. The City expressly designates residential, public open space and recreational vehicle park zoning districts, parks and schools as the least appropriate possible locations, and the absolute last choices for siting.

SECTION 6. Engineering and Design Standards for all Facilities The general design standards for wireless communications facilities subject to MMC Chapter 17.46 are as follows:

A. Basic Requirements. The proposed wireless facility and its supporting structure (ifneeded) shall be limited to the minimum size necessary to serve the defined service objectives of the wireless service provider or providers that will be using the facility, except where a larger facility has superior concealment elements.

B. Materials. The materials used shall be non-reflective and non-flammable.

C. Cabinet doors and other openings must be designed to stay securely closed, and openings in all facilities shall be shielded or made the smallest size feasible to protect against fire and wind-blown embers.

D. The tower, or other support structure, and all equipment shall be designed to withstand forces from seismic events. To that end, all wireless facility sites must be built to the applicable standards of Hardening Requirements including but not limited to APCO ANSI 2.106.1—2019, or their replacements. The telecommunications tower, pole or structure when fully loaded with antennas, transmitters, and other equipment and camouflaging shall be designed as determined by the Building Official. All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

E. All connections between various components of the facility, power lines, and conduit shall be designed in a manner to protect against damage by a natural disaster, a vehicular accident, an act of vandalism or similar external forces.

F. Stealth. The wireless facility shall be stealth. Stealth elements and techniques should be used to blend the facility with surrounding materials 198
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and colors of the support structure and make the facility appear to be something other than a wireless facility. Stealth elements include, but are not limited to, the following:

1. Radio frequency (RF) transparent screening or shrouds;

2. Matching the color of the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and cabling;

3. Placing cables and wires inside the pole or beneath conduit of the smallest size possible;

4. Minimizing the size of the site;

5. Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site; and

6. Using paint of durable quality.

7. Built with weather-resistant materials while permitting weathered treatment for aesthetic reasons and to avoid reflective material.

0. Minimum Height. All antennas shall be located such that: (1) 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; and (2) no person at ground level will be exposed to an exposure level that is higher than allowed by the FCC’s general population exposure rules.

H. Facade-Mounted Equipment. Facade-mounted antennas and equipment shall be architecturally integrated into the building, or other support structure, design and otherwise made as unobtrusive as possible so that the facility does not appear to be a wireless facility. Antennas and equipment 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 eighteen (18) inches out from and may not project above the building face. Façade-mounted wireless telecommunication facilities shall not exceed twenty-eight (28) feet in height above the ground. However, antenna elements, mounted flush on the facade of an existing structure that exceeds twenty-eight (28) feet, may have a height equal to the height of the building.

Ground-Mounted Equipment. Outdoor ground-mounted equipment associated with base stations shall be avoided whenever feasible. In locations visible or accessible to the public, applicants shall conceal outdoor 199
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ground-mounted equipment, including ancillary power generation equipment, with opaque fences or landscape features that mimic the adjacent structure(s) (including, but not limited to, dumpster corrals and other accessory structures) and by painting, texturing, or otherwise concealing the facility as much as possible. Ground-mounted wireless communications facilities shall be located near existing structures or trees at similar heights for screening purposes where feasible. Not more than one ground-mounted antenna, provided that licensed amateur radio station antennas consistent with MMC 1 7.46.020(B)(2), shall also be permitted on each site.

J. Roof-Mounted Facilities. Roof-mounted antennas and necessary equipment shall be screened from above if visible from higher elevations. Rooftopmounted wireless telecommunication facilities shall not exceed twentyeight (28) feet in height or three (3) feet above the roof parapet from which they are attached, whichever is less restrictive. Associated roof-mounted equipment cabinets shall not extend more than three (3) feet above the roof from which it is attached and shall be set back a minimum of ten (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.

K. Freestanding Facilities. Freestanding facilities requiring a new monopole or other new support structure shall be stealth facilities. Further, they shall be located as close as possible to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.

1. Freestanding wireless telecommunication facilities, including monopoles, shall not exceed twenty-eight (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.

2. Aside from the antenna itself, no additional equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the freestanding facility and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the facility. 200
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3. Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

4. All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.

5. Monopoles shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

L. All wireless telecommunication facilities shall be designed to prevent unauthorized climbing and graffiti.

M. Fire Safety Standards. All wireless facilities designs shall include:

1. a power shut off, such as by means of rapid entry Knox or similar type systems shall be installed;

2. surge protection devices capable of mitigating a direct or partial direct lightning discharge; and

3. surge protection devices capable of mitigating significant electrical disturbances that may enter the facility via conductive cables.

N. Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

0. 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 Director. Landscaping screening should also be provided ifirrigation water is available.

P. No freestanding facility or ancillary support equipment may be located between the face of a building and a public street, bikeway, park or residence.
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SECTION 7. Waivers of These Standards.

A. A waiver of one or more ofthese Standards may be granted in the following circumstances:

1. Pursuant to MMC Section 17.46.060(D), if an applicant demonstrates to the Planning Commission through clear and convincing evidence that denial of an application would, within the meaning offederal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations;

2. If an applicant demonstrates to the Planning Commission through clear and convincing evidence set forth in a feasibility study that compliance with a requirement of these Standards would be technically infeasible and the proposed wireless facility complies with the requirements of these Standards to the greatest extent technically feasible. For example, an exception to a requirement to conceal antennas in a shroud may be granted if shrouding is shown to be technically infeasible and an alternative concealment such as a colored film wrap is proposed; or

3. If an applicant demonstrates to the Planning Commission with clear and convincing evidence that the particular engineering, design or location proposed involves an alternative that better meets the purposes of Chapter 17.46 and only minor non-compliance with a requirement of these design Standards and results in no increase in public visual impact to the community or provides other benefits.

For example, an exception to the wireless facility location limitations may be granted when the applicant can demonstrate that the placement is less visible from viewsheds of residences or shielded by vegetation or existing infrastructure (such as barriers), or is less physically intrusive (for example, less impactfiul to tree roots or reduces noise). Among other factors, in deciding whether or not to grant an exception, the Planning Commission may consider the impact of expansions to the facility that the applicant would be entitled to make as ofright if granted.

B. Waivers may only be requested at the time an application is initially submitted for a discretionary permit. The request must include both the specific provision(s) from which waiver is sought and the basis of the request, including all supporting evidence on which the applicant relies.

Any request for waiver after the City has deemed an application complete constitutes a material change to the proposed wireless facility and shall be considered a new application. A request for waiver from one or more 202
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requirements does not relieve the applicant from compliance with all other applicable provisions of law or of MMC Section 17.46.060.

SEC1 ION 8. Standard Conditions of Approval for Permits Under MMC Chapter 17.46.

A. Generally. In addition to any supplemental conditions imposed by the Planning Director or Planning Commission, as the case may be, all development permits or conditional use permits granted for wireless communications facilities subject to this Chapter 17.46 shall be subject to the following conditions, unless modified by the approving authority:

1. The permittee 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, or to hold the City liable in whole or in part as a result of the engineering, design, construction or operation of the facility. The City shall promptly notify the provider(s) of any such claim, action or proceeding ifthe city bears its own attorney’s fees and costs, and the city defends the action in good faith.

2. The permittee shall be strictly liable for interference caused by its facilities with city communications systems. The permittee 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.

3. Subsequent submittals for this project shall be in substantial compliance with the plans date-stamped received by the Planning Department on ______________. The project shall comply with all conditions of approval stipulated in the referral sheets attached to the agenda report for this project. In the event the project plans conflict with any condition of approval, the condition shall take precedence and revised plans shall be submitted and approved by the Planning Director prior to the Environmental Sustainability Department for plan check.

4. The permit and rights conferred in this approval shall not be effective until the permittee signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 30 days of this decision or prior to issuance of 203
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any development, conditional use, building, electrical or encroachment permit.

5. The applicant shall digitally submit a complete set of plans, including the items required in Condition No. 6 to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. The Notice of Decision (including the signed and notarized Acceptance of Conditions Affidavit) shall be copied in its entirety and placed directly onto a separate plan sheet(s) to be included in the development plans prior to submitting any development permits from the City of Malibu Environmental Sustainability Department and encroachment permit.

7. A development permit or conditional use permit, as applicable, shall be valid for a period often (10) years from issuance, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end often (10) years from the date of issuance, such development or conditional use permit shall automatically expire, unless an extension or renewal has been granted. A person holding a development permit or conditional use permit must either (1) remove the facility within thirty (30) days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted.

8. The installation and construction authorized by a permit shall be completed within three (3) years after its approval, or it will expire without further action by the City unless prior to the three (3) years the applicant submit an extension request and the City, in its sole discretion, grants a time extension for due cause. The installation and construction authorized by a permit shall conclude, including any necessary post-installation repairs and/or restoration to the property, within thirty (30) days following the day construction commenced. The permittee must provide written notice to City within ten (10) days after completing construction, and may not begin operations until all City and Fire Department (if applicable) inspections have been completed and the project is found to be 204
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consistent with the permit. The expiration date shall be suspended until an appeal and/or litigation regarding the subject permit is resolved.

9. The Planning Director may grant up to four one-year extensions of the timeline, in Condition 7 above, for completing the installation and construction authorized by a development or condition use permit, if the Planning Director finds that the conditions, including but not limited to changes in the wireless ordinance under which the permit approval was issued, have not significantly changed.

10. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

11. All structures shall conform to the requirements of the Environmental Sustainability Department, City Public Works Department, FCC and Los Angeles County Fire Department
requirements, as applicable. Notwithstanding this review, all required permits, including but not limited to an encroachment permit from the City, shall be secured.

12. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC. An application with all required materials and fees shall be required.

Cultural Resources

13. In the event that potentially important cultural resources are found in the course of geologic testing, work shall immediately cease until a qualified archaeologist can provide an evaluation ofthe nature and significance of the resources and until the Planning Director can review this information. Where, as a result of this evaluation, the Planning Director determines that the project may have an adverse impact on cultural resources, a Phase II Evaluation of cultural resources shall be required pursuant to MMC Section
1 7.54.040(D)(4)(b).

14. If human bone is discovered, the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed.

These procedures require notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notif~’ the Native American Heritage Commission by phone within 24 hours. Following notification of the Native 205
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American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

Wireless Facility Conditions

15. All antennas shall meet the minimum siting distances to public/uncontrolled areas required for compliance with the FCC regulations and standards governing the environmental effects of radio frequency emissions. Permittee shall keep up-to-date on current information from the FCC in regards to maximum
permissible radio frequency exposure levels. In the event that the FCC changes its guidelines for human exposure to radio frequency, permittee shall, within 30 days after any such change, submit to the Planning Director a report prepared by a qualified engineer that demonstrates actual compliance with such changed guidelines. The Director may, at permittee’s sole cost, retain an independent consultant to evaluate the compliance report and any potential modifications to the permit necessary to conform to the FCC’s guidelines. Failure to submit the compliance report required under this condition, or failure to maintain compliance with the FCC’s guidelines for human exposure to radio frequency at all times shall constitute grounds for permit revocation.

16. All antennas shall be located so that any person walking adjacent to the transmitting surface of the antenna will be walking on a grade, which is a minimum of eight and one-half feet below the transmitting surface.

17. All antennas, equipment, and support structures shall be engineered and designed to prevent unauthorized climbing.

18. The wireless facility shall be erected, operated, and maintained in compliance with the general requirements set forth in the Standards and any specific requirements in the permit.

19. The antenna and electrical support equipment shall, at all times, be operated in a manner that conforms to the applicable health and safety standards, including those imposed by MMC Chapter 17.46 and this Resolution.

20. Wireless communications facilities and equipment must comply with the City’s noise ordinance in MMC 8.24, or any successor provisions, and prevent noise and sound from being plainly audible at a distance of fifty (50) feet from the facility or within ten (10) feet of any residence.
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21. The Planning Director’s approval is required if a generator is to be placed onsite for temporary or permanent use.

22. All non-ground-mounted equipment associated with the application shall be located no lower than eight feet above grade or ground level on the monopole or support structure.

23. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. 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.

The City shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case, shall notify permittee within 24 hours of doing so.

24. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

25. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of five million dollars ($5,000,000) per occurrence for bodily injury and property damage and six million dollars ($6,000,000) general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. A true and correct copy of the policy of insurance shall constitute proof of insurance required by this Subsection. Permittee shall use its best efforts to provide thirty (30) days’ prior notice to the City of to the cancellation or material modification of any applicable insurance policy. Failure to maintain insurance consistent with this Condition shall automatically void the permit, and the permittee shall immediately deenergize and remove the facility from operation. The policy shall not have a pollution or other exclusion which excludes injuries or damages from EMF/RF exposures.

26. Prior to issuance of a City permit or encroachment permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the 207
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facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor’s quotes for removal that are provided by the permittee. The pennittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.

27. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City’s structure, improvement, or property. Prior to commencement of any work pursuant to any permit, the permittee shall provide the City with documentation establishing to the city’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property to be affected by permittee’s facilities.

28. No possessory interest is created by a Wireless Permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee
acknowledges that City has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a development or conditional use permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against permittee’ s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this development or conditional use permit.

29. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to 208
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constructing, attaching, or operating a facility on municipal infrastructure. This permit is not a substitute for such agreement.

30. If a facility is not operated for a continuous period of three (3) months, the Wireless Permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the three (3) month period (i) the Director has determined that the facility has resumed operations, or (ii) the City has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the facility is determined to have ceased operation, or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification ofthe removal ofthe facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. Ifthere are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned but will not be effective for the entirety thereof until all users cease use thereof.

31. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City otherwise agrees, in its complete discretion, to waive said fees or any part thereof.

32. Interference with city communications systems and other governmental emergency systems is prohibited. Further, no permits issued pursuant to this chapter of the City Code establish any guarantee or warranty that Licensee’s facility will be free from interference from city or third-party communication systems.

Construction

33. Installation hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No installation activities shall be permitted on Sundays and City209 Resolution No. 21-17

Page 17 ends

designated holidays. The restricted work hours described in this condition do not apply to emergency maintenance necessary to protect health or property. The City of Malibu may issue a Stop Work Order if permittee violates this condition. Construction activities shall be conducted in compliance with, and abide by, all applicable safety codes and permit conditions.

34. All sites must be designed and build to the standards ofANSI/APCO Public Safety Grade Site Hardening Requirements, also referred to as “APCO ANSI 2.106.1-2019”.

Site Specific Conditions

35. In the event that the electric service provider does not currently offer an alternative metering option, the permittee shall remove the above-grade electric meter when such option becomes available.

36. The permittee acknowledges that the City specifically includes conditions of approval related to (a) painting, coloring or finishing the equipment to match the monopole or support structure; (b) undergrounding all equipment to the extent possible; (c) installing equipment within shrouds, conduits and risers as concealment elements engineered and designed to integrate the wireless facility with the surrounding built and natural environment; and (d) specific structural, seismic, electrical, fire and operating/maintenance requirements. Any future modifications to the permittee’ s wireless facility must maintain or improve all concealment elements and safety precautions.

37. Before the permittee submits any applications for construction, encroachment, excavation or other required permits in connection with this permit, the permittee must incorporate a true and correct copy of this permit, all conditions associated with this permit and any approved photo simulations into the project plans (collectively, the “Approved Plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans as determined by the Director or the Director’s designee. Any substantial or material alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written 210
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request subject to the Director’s prior review and approval, who may refer the request to the original approval authority if the Director finds that the requested alteration, modification or other change substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern.

38. The permittee shall install and at all times maintain in good condition a “Network Operations Center Information” and “RF Caution” sign on the utility pole no less than three (3) feet below the antenna (measured from the top of the sign) and no less than nine (9) feet above the ground line (measured from the bottom of the sign). Signs required under this condition shall be installed so that a person can clearly see the sign as he or she approaches within three (3) feet of the antenna structure. If any person on or within the property is or may be exposed to emissions that exceed applicable FCC uncontrolled/general population limits at any time the sign shall expressly so state, and provide instructions on how persons can avoid any such exposure. The sign shall also include the name(s) of the facility owner(s), equipment owner(s) and operator(s)/carrier(s) ofthe antenna(s), property owner name, as well as emergency phone number(s) for all such parties. The sign shall not be lighted, unless applicable law, rule or regulation requires lighting. No signs or advertising devices other than required certification, warning, required seals or signage, other signage required by law, this Chapter, any City or applicable state code or the Los Angeles County Fire Department Chief or his or her designee shall be permitted. The sign shall be no larger than two (2) square feet.

39. The permittee shall ensure that all signage complies with FCC Office of Engineering and Technology Bulletin 65, CPUC General Order 95 or American National Standards Institute C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC.

40. In the event that the FCC changes any of radio frequency signage requirements that are applicable to the project site approved herein or ANSI Z535.1, ANSI Z535.2, and ANSI C95.2 standards that are applicable to the project site approved herein are changed, the permittee, within 30 days of each such change, at its own cost and expense, shall replace the signage at the project site to comply with the current standards.
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41. The permittee shall maintain the paint, color and finish ofthe facility in good condition at all times.

42. All improvements, including foundations, and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation conditions within 90 days of cessation of operation or abandonment of the facility.

43. Build-Out Conditions.
a. Permittee shall not commence any excavation, construction, installation or other work on the project site until and unless it demonstrates to the City Public Works Department that the project complies with these Conditions along with all
applicable laws, regulations, codes and other rules related to public health and safety, including without limitation all applicable provisions in California Public Utilities
Commission General Order 95 and MMC Chapters 8.12,

8.24 and 15.08.
b. To the extent that a pole owner or any provision in the MMC or this resolution require greater or more restrictive
standards than California Public Utilities Commission
General Order 95, if applicable, those standards shall
control.

44. Permittee shall at all times maintain compliance with all applicable federal, State and local laws, regulations, ordinances and other rules, including Americans with Disabilities Act (ADA) requirements.

45. The permittee shall cooperate with all inspections. The City and its designees reserve the right to support, repair, disable or remove any elements ofthe facility in emergencies or when the facility threatens imminent harm to persons or property.

46. 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. All such contact information for responsible parties shall be provided to the Planning Department at the time of permit issuance and within one business day of permittee’s receipt of City staffs written request.

47. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise 212
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from the construction, operation, maintenance, modification and removal of the facility.

48. The site and the facility must be maintained in a neat and clean manner and in accordance with all approved pians and conditions of approval.

49. Permittee shall promptly remove any graffiti on the wireless facility at permittee’ s sole expense within 48 hours after notice.

Prior to Operation

50. The applicant shall request a final Planning Department inspection and final building inspection by the City of Malibu Environmental Sustainability Department immediately after the wireless facility has been installed and prior to the commencement of services.

51. Within thirty (30) calendar days following the installation of any wireless communications facilities, the applicant shall provide to the Planning Department with a field report prepared by a qualified engineer verifying that the unit has been inspected, tested, and is operating in compliance with FCC standards. Specifically, the onsite post-installation radiofrequency (RF) emissions testing must demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety guidelines for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. Such report and
documentation shall include the make and model (or other identifying information) of the unit tested, the date and time of the inspection, a certification that the unit is properly installed and working within applicable FCC limits, and a specific notation ofthe distance from the transmitter at which the emissions are equal to or less than the uncontrolled/general population limit.

52. The operation ofthe approved facility shall commence no later than one (1) month after the City completes its post-installation inspections of the facility, any issues with the facility are resolved, and the City receives the RF testing report required in the condition of approval above, or the development or conditional use permit will expire without further action by the City.
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Fixed Conditions

53. Violation of any ofthe conditions of this approval shall be cause for revocation and termination of all rights thereunder.

Eligible Facilities Requests
All permits for an eligible facilities requests under MMC Chapter 17.46 shall be subject to the following conditions and all ofthe other conditions ofapproval placed on a Wireless Permit, unless modified by the approving authority:

54. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

55. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station.

Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

56. The City’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

Small Cell Facilities
In addition to the other conditions of approval placed on a Wireless Permit, all permits for a small cell facility under MMC Chapter 17.46 shall be subject to the following additional condition, unless modified by the approving authority:

57. The City’s grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

SECTION 9. Basic Application Requirements for Permits Under MMC Chapter 17.46.

A. Generally. In addition to providing all required fees, all wireless telecommunication facility carriers or providers shall provide the information required by a separate application form published, and updated 214
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from time to time, by the City. If no such form is available, then the applicant must submit all documents, information, and any other materials necessary to allow the City to make required findings and ensure that the proposed facility will comply with applicable laws and not endanger the public health, safety, or welfare. Such information may include:

1. Contact information for:
a. Applicant and their representatives
b. Owner of proposed wireless communications facility
c. If different from facility owner, the identity of the person or entity responsible for operating the proposed wireless
facility
d. The property owner or owner of the structure on which the proposed wireless facility would be installed
e. Names, addresses, telephone numbers, and email addresses of anyone acting on behalf ofthe applicant with regard to the application;
f. The name, address and phone number of all persons that prepared or assisted in preparing the application and any required reports;
g. The postal address, parcel number, or utility pole identifier of the property;
h. The location of the schools, playgrounds and parks within 500 feet of the project site;
i. Local contact person for emergencies
j. Assessor’s Parcel Number

2. Purpose of new wireless communications facility or amendment

3. Type ofApplication (Select all that apply)
a. Eligible Facilities Request
b. Small Cell — Collocation
C. Small Cell — New Structure
d. Collocation (Non-Small Cell)
e. All Other Wireless Communications Facilities
f. Permit Renewal
g. Waiver

4. Letter of authorization signed by the property owner authorizing the applicant to submit and process the application, including executed copies of any leases, letters of agency, or proof of ownership, of private property involved in the project.

5. Authorizations, and Licenses

6. Provide previous approvals, if applicable, and Certificate of Completion. Site inspection fees may apply if a final inspection was never requested

7. Identif~,r all other required permits and approvals for the subject facility.
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8. Electrical and Structural Safety Information. The following engineering documents prepared under the responsible charge of and sealed by a California licensed Professional Engineer must be included in the application:
a. A short circuit and coordination study (“SCCS”) calculated pursuant to the IEEE 551-2006: Recommended Practice for Calculating AC Short-Circuit Currents in Industrial and Commercial Power Systems or the latest version of that
standard. The study must demonstrate the protection devices will ensure the equipment enclosure will not be breached.

The SCCS must include analysis of Voltage Transient
Surges due to contact of conductors of different voltages; b. A one-line diagram of the electrical system;
c. Voltage Drop & Load Flow Study;
d. Load Calculation;
e. Panel Directories;
f. A plot plan showing the location of the mounting structure including address, or structure designation, or GPS location on the front sheet;
g. A plot plan showing the location ofthe service disconnecting means; and
h. An elevation drawing of the equipment and the service disconnecting means.

9. Structural Safety Information. The structural/civil engineering documents prepared under the responsible charge of and sealed by a California licensed professional civil engineer.
a. Photo simulations, from at least three different angles, showing the pole and streetscape before and after
installation. In some cases, more than three different angles may be required;
b. The azimuth, size and center-line height location of all proposed and existing antenna(s) on the supporting
structure;
c. The number, type and model of the antenna(s) that will be used with a copy of the specification sheet;
d. The make, model, type and manufacturer of any tower
involved and a design plan stating the tower’s capacity to accommodate multiple users;
e. Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.
(1) A site plan and elevation drawings for the facility as existing and as proposed with all height and width
measurements explicitly stated.
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(2) A site plan describing the proposed tower and
antenna(s) and all related fixtures, structures,
appurtenances and apparatus, including height above
pre-existing grade, materials, color and lighting;
(3) A depiction, with height and width measurements
explicitly stated, of all existing and proposed
transmission equipment.
(4) A depiction of all existing and proposed utility runs and points of contact.
(5) A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and
utilities labeled in plan view.
f. Detailed map with locations ofthe poles or other property on which equipment is to be located, including specific pole identification number, if applicable, and the areas it will service;
g. Description as to why the desired location is superior to other similar locations, from a community perspective, including, but not limited to:
(1) Proximity to residential buildings and descriptions of efforts to prevent any blocking of views of
impressive scenes; and
(2) Written documentation demonstrating a good faith
effort to locate the proposed facility in the least
intrusive location in accordance with the location
requirements of this Resolution.
h. A description in writing and a visual rendering
demonstrating effective screening of all ground-mounted or roof-mounted equipment of the facility from view.

Color-coded carrier-generated RF Coverage (propagation) maps, at a scale no smaller than 1 inch (1”) to a quarter (1/4) mile with all appropriate legends, showing the coverage for the highest and lowest frequencies to be used by the facility.

Frequencies are to be stated numerically, not qualitatively.

Provide a represented value in dB of each colors it
specifically represents.
j. If the project involves, modifies or will use an existing facility or structure, a description of the type of structure (e.g., guyed, self-supporting lattice or monopole), and a report on the physical condition of the facility certified by a professional engineer licensed in the state of California. k. If the application is for a new tower, clear and convincing technical evidence by a carrier or wireless service provider justifying the total height of the proposed facility and the need for such to the exclusion of all reasonable alternatives. 217
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Evidence in the form of propagation studies must include all modeling data and assumptions used to produce the studies at the requested height and should take into consideration the ability to collocate other carriers in the future.

A siting analysis which identifies 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.
m. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the emissions levels deemed safe by the FCC. A copy of the fully completed FCC form “A Local
Government Official’s Guide to Transmitting Antenna RF
Emission Safety: Rules, Procedures, and Practical Guidance:

Appendix A” titled “Optional Checklist for Determination of Whether a Facility is Categorically Excluded” for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of “effective radiated power.”
n. A statement detailing the frequency, modulation and class of service of radio or other transmitting equipment;
o. A copy ofthe FCC license applicable for the intended use of the proposed facilities;
p. A HazMat Business Plan for all new generators, and any storage and/or use of hazardous materials during the project, to include:
i. A list of toxic substances that may develop during
arcing or fire that may impede fire suppression
efforts;
ii. A list of hazards that may develop during arcing or fire that may impede fire suppression efforts;
q. A demolition plan, if applicable.
r. A written statement of the applicant’s willingness to allow other carriers to co-locate on the proposed personal wireless service facility where technically and economically feasible and aesthetically desirable, subject to the qualification that colocation should not occur when public exposures from the resulting higher cumulative sources would exceed FCC
limits.
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s. Such other information as the Director shall establish. t. A statement signed by a person with legal authority to bind the applicant attesting under penalty of perjury to the accuracy of the information provided in the application. If attester not an authorized employee ofthe applicant, then the attester must demonstrate that it is an authorized agent ofthe applicant, with lawful Power ofAttorney from the applicant.

SECTION 10. Environmental Review
This Resolution is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Resolution does not authorize any specific development or installation on any specific piece ofproperty within the City’s boundaries.

Moreover, when and ifan application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Resolution is a “project” within the meaning of State CEQA Guidelines section 15378, the Resolution is exempt from CEQA on multiple grounds. First, the Resolution is exempt CEQA because the City Council’s adoption of the Resolution is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Resolution will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Resolution, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Resolution is interpreted so as to permit installation of wireless communications facilities on a particular site, the installation would 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 11. This Resolution will become effective immediately upon adoption.

SECTION 12. The City Clerk shall certif~’ to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 12th day of April 2021. ///~//~
~fi}~WF~PIE1~SON, Mayor
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Resolution No. 21-17

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ATTEST:

KELSEY i~ fTIJOITf\~, Actfng~ty Clerk
(seal)
APPROVED AS TO FORM:

JOHNj~OTTI, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO.21-17 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the l2~ day of April 2021 by the following vote:

AYES: 5 Councilmembers: Farrer, Silverstein, Ubring, Grisanti, Pierson NOES: 0
ABSTAIN: 0
ABSENT: 0
KELSEY P~T!J~YHN, Actihg C~tyCierk
(seat)
220

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001—2801
VOICE (805) 585-1800
February 8, 2024
Richard Mollica, Planning Director
City of Malibu
Planning Department
23825 Stuart Ranch Road
Malibu, CA 90265
RE: City of Malibu Local Coastal Program Amendment No. LCP—4—MAL-21-OO48—1—A (Wireless Communication Facilities Update)
Dear Mr. Mollica:

On February 7, 2024, the Coastal Commission approved LCP Amendment LCP-4-MAL—21- OO48—1—Part A, with suggested modifications. The Commission’s resolution of certification is contained in the staff report dated January 25, 2024. The suggested modifications, as approved by the Commission, are attached to this correspondence.

Section 13544 ofthe Commission’s Administrative Regulations requires that after certincation the Executive Director ofthe Commission shall transmit copies ofthe resolution of certification and any suggested modifications and findings to the governing authority, and any interested persons or agencies. Further, the certification shall not be deemed final and effective until all ofthe following occur:
(a) The local government with jurisdiction over the area governed by the Local Coastal Program, by action of its governing body: (1) acknowledges receipt ofthe Commission’s resolution of certification, including any terms or modifications suggested for final certification; (2) accepts and agrees to any such terms and modincations; and (3) agrees to issue coastal development permits for the total area included in the certified Local Coastal Program.

Unless the local government takes the action described above the Commission’s certification with suggested modifications shall expire six months from the date of Commission’s action.
(b) The Executive Director ofthe Commission determines in writing that the local government’s action and the notification procedures for appealable development require pursuant to Article 17, Section 2 are legally adequate to satisfy any specific requirements set forth in the Commission‘s certification order.
(c) The Executive Director reports the determination to the Commission at its next regularly scheduled public meeting as required by the Commission’s regulations in order to allow for the amended LCP to be certified in that form (see Section 13544 ofthe Commission’s Administrative Regulations). 221
Attachment 9
(d) Notice ofthe certification of the Local Coastal Program Amendment shall be filed with the Secretary of Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).

Please feel free to contact me should you have any questions regarding this matter. The Commission and staffgreatly appreciate the City’s cooperation and assistance in this matter.

Authorize on behalf ofthe California Coastal Commission by:

Dr. Kate Huckelbridge
Executive Director
§
By: Deanna Christensen
District Supervisor
222

FINAL APPROVED SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A Existing certified text shown in straight type
City proposed changes shown In stnkethFeHgh/underline
CCC Suggested Modifications shown i and doubleunderline LIP SECTION 2.2:

2.2. WIRELESS :FELECOMMUNICATIONS DEFINITIONS
ANTENNA — A typically metallic device used for radiating or receiving radio waves.

ANTENNA, BUILDING MOUNTED SITES - Antennas which are located and/0r mounted on an existing building’s exterior walls.

ANTENNA, ROOF-MOUNTED - An antenna, and its associated support structure, that is attached to a roof ofa building or similar structure.

CO-LOCATION — is (I) mounting or installing an antenna facilitv on a pre-existing structure:
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facilitv on that structure However as used for Eligible Facilities Reguests ’fcnllncafinn‘ is limited to the mounting or installation oftransmissmn equipment on an eligible support structure for the purpose oftransmitting and/or receivmg radio frequencv Sionals for communications purposes We EQUIPMENT CABfNET isa - .
awela phVSical container used to house smaller distinct pieces of equipment or deVices that are components ofa Wireless communication faCility
.
223

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A ELIGIBLE FACILITIES REQUEST or EFR - A I
I I An request for mOdiflcation of an
existing tower or base station that does not substantially change the phvsical dimensions of such tower or base station as defined bv FCC regulations (47 C.F.R. Section 1.6100) involving:
(i) Collocation of new transmission equipment
(ii) Removal of transmission equipment or
(iii) Replacement of transmission equipment.

A modification substantiallv changes the phvsical dimensions of an eligible support structure if it meets anv of the following criteria pursuant to 47 C.F.R. Section l.6IOO(b)(7):
(i) For towers other than towers in the public rights-of-wav, it increases the height of the tower bv more than 10% or bv the height of one additional antenna arrav with separation from the nearest existing antenna not to exceed twentv feet whichever is greater; for other eligible su=pport structures it increases the height of the structure bv more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deglovments are or will be separated horizontallv such as 0n buildings’ rooftops; in other circumstances changes in height should be measured from the dimensions of the tower or base station. inclusive of originallv approved appurtenances and anv modifications that were approved prior to the passage of the Spectrum Act. (ii) For towers other than towers in the public rights-of-wav it involves adding an appurtenance to the bodv of the tower that would protrude from the edge of the tower more than twentv feet“ or more than the width 0f the tower structure at the level of the appurtenance whichever is greater; for other eligible support structuresr it involves adding an appurtenance to the bodv of the structure that would protrude from the edge of the structure bv more than six feet‘ (iii) For anv eligible support structuret it involves installation of more than the standard number of new equipment cabinets for the technologv involved but not to exceed four cabinets or for towers in the public rights-of-wav and base stations it involves installation of anv new equipment cabinets on the ground if there are n0 pre-existing ground cabinets associated with the structure or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than anv other ground cabinets associated with the structure; (iv) It entails anv excavation or deplovment outside ofthe current siter except that for towers other than towers in the public rights-of-wav it entails anv excavation or deplovment of transmission equipment outside of the current site bv more than 30 feet in anv direction. The site boundarv from which the 30 feet is measured excludes anv access 0r utilitv easements currentlv related m the site (v) It would defeat the concealment elements 0f the eligible support structure: or (vi) It does not complv with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment provided however that this limitation does not applv to anv modification that is non-compliant onlv in a manner that would not exceed the thresholds identified in (i) through (iv). 224

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A FCC - is the Federal Communications Commission or its lawful successor.

MUNICIPAL INFRASTRUCTURE — City-owned or controlled propertv structures. obiects. and equipment in the ROW, including, but not limited to. street lights. traffic control structures. banners. street fumiturei bus stops, billboards, or other poles. lighting fixtures, or electroliers located within the ROW.

PERSONAL WIRELESS SERVICES - shall have the same meaning as set forth in 47 U.S.C.

Section 332(c)(7)(C)(i).

PERSONAL WIRELESS SERVICES FACILITY - A wireless communications facilitv used for the provision of personal wireless services.

PROFESSIONAL ENGINEER or PE - is as defined by Business and Professions Code Section 6701. and shall be interpreted to refer to the specific appropriate engineering branch in issue as defined in Sections 6702 through 6703 and “supervision of the construction of engineering structures” as defined in Section 6703.1.

PUBLIC RIGHT-OF-WAY, OR ROW - Anv public street, public wav or public place within the Citv limits, either owned bv the City or dedicated to the public for the purpose oftravel and which the Citv has the responsibility to maintain or manage. The term includes all or any part ofthe entire width of right-of-wav, and above and below the same. whether or not such entire area is actually used for travel purposes.

SMALL CELL FACILITY — shall have the same meaning as “small wireless facility” in 47 C.F.R.

1.6002(1). or any successor provision; éwhich is a personal wireless services facility that meets the following conditions , .
(1) The facility
(i) is mounted on a structure 50 feet or less in height. including antennas. as defined in 47 C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adiacent structures. or
(iii) does not extend an existing structure on which it is %e located to a height of more than 50 feet or by more than 10 percent. whichever is greater; 3 225

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A (2) Each antenna associated with the daplovment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure. is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part l7; (5) The facilitV is not located on Tribal landsr as defined under 36 C.F.R. Section 800. l 6(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

SUPPORT STRUCTURE - Any structure capable of supporting a base station and/or antenna.

STEALTH FACILITY - A wireless communications facility designed to look like something other than a wireless tower or base station.

UTILITY POLE - A structure in the ROW designed to support electric, telephone and similar utility lines. For the avoidance of doubt, any structure built for the sole or primary purpose of supporting any FCC—licensed or authorized antennas and their associated facilities is not a utility pole.

WIRELESS COMMUNICATIONS FACILITIES - The wiring, cables, electronic equipmeg transmitters. antenna structures and other types of installations used for the provision of wireless services at a fixed location. including, without limitation. any associated tower(s). support structure(s), and base station(s).
226

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A LIP SECTION 3.16:

3.16. WIRELESS ELECOMMUNICATIONS FACILITIES

3.16.1 Purpose and Objectives
A. Purpose. The purpose and intent ofthis Section is to provide a uniform and comprehensive set 0f 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 and value of the City as set forth within the goals objectives and policies ofthe . . m , whlle at the same time prov1d1ng for managed development of Wireless communications infrastructure 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 0f the following goals and policy objectives, including but not limited to:
l. 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.To Ensureensure that the wireless telecommunications infrastructure is designed to enhance and not interfere with the City’s emergency response network.

3.16.2 ' ' Permit Requirements
A. . Every person who desires to place a wireless communications facility in the public rights-of-wav or modify an existing wireless facility in the public rights-of-way must obtain a I . D '.' Coastal Development Perm1t I . authorizing the placement or modification unless the reguirement for a Coastal Development Permit is exempt or waived pursuant to Section 13.4. Additionally. a Wireless ROW Permit (WRP) is required pursuant to the Malibu Municipal Code where shown in 227

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A LIP Table B (Permitted Uses).
v ¢

1. B. Everv person who desires to place or modify a wireless commumcatrons fac1 g that s not located 1n the pubhc nghts of—way must obtam a Wcss Coasta Development Perm1ta authorlzmg the placement or mod1f'1cat1on unless the requlrement for a Coastal Development Perm1t 1s exempt or walved pursuant to Sect1on 1g.4 and subsection B.3 below. Additionallv a Wireless Permit (WP) is required=pursuant to the Malibu Municipal Code where shown in LIP Table B (Permitted Uses). The ¥¥ CDP shall be obtained in one of the following ways, based on facility type:

1. Type l: The installation or modification of a facility that qualifies as a small cell facility, or eligible facilities request, or collocation ofa non-small cell facility; or

2. Type 2: (a) the installation or modification of all wireless facilities that do not gualify as Type l; and (b) any ¥¥ application that includes a waiver of development standard request.

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, prov1ded that all of the followmg conditlons are met
a.

1. The antenna W111 be accessory to an ex1st1ng use and measures th1rtvnine (39) inches (one meter) or less 1n dlameter. ii. The antenna will be installed in a location where it is not readily visible from the public right—of—way.
iii. The antenna will not be located within a required setback area. driveway or parking space.
b. Amateur radio antenna (including ham and short wave) provided the antenna is the minimum height necessary to be effective and does not exceed the maximum base building height for the zoning district in which it is located by more than fifteen (15) feet.

Communications facilities exempt from the provisions of this Section by operation of state or federal law.
c.
228

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A C. The detormination of whether or not a proposed facility meets the requirements of subsection B.3 above ’
shall be made b the Plannin Director.

D. Other applicable requirements. In addition to the ¥o¥or WRP CDP reguired herein, the persons who will own or control the facilitv(ies) must complV with applicable laws, including, but not limited to, applicable laws goveming RF emissions, the Americans with Disabilities Act (ADA) and electrical and fire codes.

E. Public Use. Except as otherwise provided by California law, any use ofthe public right-ofway authorized pursuant to this chapter will be subordinate to the City‘s use and use by the public.

F. Coastal Develo pment Permit for a Wireless Telecommunication Facilitg - Eli g ible Facilities Requests.

1. Unless exempt from the requirement to obtain a CDP pursuant to LIP Section 13.4 and subsection B.3 aboyeL eligible facilities requests are subject to the granting of a CDP.

An application for an eligible facilities reggest that complies with the standards of this section 3.16.2 (F) shall be approved by the Planning Director and shall not be subiect to a public hearing. If the City finds that a proposed eligible facilities request application does not qualify as an eligible facilities request. the application shall be processed as a regular coastal development permit application.

2. The findings required to be made by the Planning Director for an eligible facilities request shall be limited to the followinggg) the pro&sed development meets each and every one of the applicable criteria in the LCP definition of eligible facilities request (the Planning Director shall make an express finding for each criterion): and (b) that the proposed facility will comply with all generally applicable laws. including generally applicable building structural electrical and safety codes. noise control ordinances and other laws codifying obiective standards reasonably related to health and safety. Public notice ofthe Planning Director decision shall be provided consistent with the timeframes ofLIP Section 13.12.
229

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A

34.6:4 3.16.3 Health and safety
A. No wireless £e%ec0mmunications facility shall be sited or operated in such a manner that it poses elther by Itselfor 1n comblnatlon With other such fac111ties a potentlal threat to publlc health safety or welfare . . . .. g .- u '. ... - .' - .. l I.‘ w1reless commun1cat1ons fac1litles shall be des1gned bV quahfied hcensed persons to prov1de the maxrmum protect1on that is technlcall feas1ble to prevent electrical and flre hazards. All Wireless facilities should be proactivelv monitored and maintained to continue and. ifpossible, improve the safety design.

No fac1l1tv or combination of fac1l1ties shall produce at any tlme power densmes or exposure levels 1n any general population area that exceed the applicabl FCC standards for radiofrequency (RF) emissions.
230

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A 231

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A

3.16.4 Gwa=l=$tandards for Wireless Communications Facilities A. Generall . Wireless communications facilities exce t ualif in eli ible facilities eguestsa shall meet the minimum requirements set forth in this Section and all applicable prov1s1ons of the LCP 1n addition to the requirements of any other applicab e law Com hance w1th one or more of the develo ment standards ofthls Sectlon ma be waived on a case—bv-case bas1s pursuant to subsectlon 3.16.4(C) below. gg. Engineering, Design. and Location Standards. All applications shall comply with the following engineering. design and location standards for wireless communications facilities set

1. All Wireless Communications Facilities.

A. All wireless facilities shall be engineered and designed to minimize the visual impact bV means ofplacement screeningLcamoufiaging 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 antenna possible to accomplish the facilitv’s Obiectives. All antennas and support structures 10 232

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21 -0048-1-A shall be painted and/0r textured to achieve architectural compatibilitv With the structures for which thev are attached and/0r located.

The proposed wireless facility and its supporting structure (if needed) shall also be limited to the minimum size necessarv to serve the defined service obiectives ofthe wireless service provider or providers that will be using the facilitv. except where a larger facilitv has superior concealment elements. Support equipment pads cabinets. shelters and buildings require architectural landscape. color. fencing. or other camouflage treatment to minimize visual impacts.

B. The materials used shall be non-reflective and non—flammable. Cabinet doors must be designed to stav securelv closed and openings in all facilities shall be shielded 0r made the smallest size feasible to protect against fire and wind-blown embers.

C. The pole or other support structure and all equipment shall be designed to withstand forces from seismic events.

D. All connections between various components of the facilitv power lines, and conduit shall be designed in a manner to protect against damage bv a natural disaster. a vehicular accident an act of vandalism or similar external forces.

E. Stealth. Wireless facilities shall be stealth. Stealth elements and techniques should be used to blend the facilitv with surrounding materials and colors of the support structure and make the facilitv appear to be somethigg other than a wireless facilitv.

Stealth elements include but are not limited to the following:
l. Radio frequencv (RF) transparent screening or shrouds:
[\) . Matching the color of the existing support structure bv painting coating or otherwise coloring the wireless facilitv equipment. mounting brackets. and cabling‘

3. Placing cables and wires inside the pole or beneath conduit of the smallest size possible' 4. Minimizing the size ofthe site;
kh . Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed site- and

6. Usingtpaint of durable qualitv.

F. Co-location. The use of existing infrastructure is preferred. Wireless facilities shall be collocated on existing poles or other facilities when possible. No pennittee shall restrict access to an existing antenna location if required to co-locate bv the Citv and ifpossible to do so.

G. Minimum Height. All antennas shall be located such that: (l) anv person walking adiacent to the transmitting surface ofthe antenna will be walking on a grade that is a minimum of eight and one—half feet below the transmitting surface‘ and (2) no ll
233

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A person at ground level will be exposed to an exposure level that is higher than allowed by the FCC’s general population exposure rules.

H. Fire Safetv Standards and Process.

1. All wireless facilities designs shall include:
a. a power shut off, such as by means of rapid entrV Knox or similar tvpe svstems shall be installed;
b. surge protection devices capable of mitigating a direct or partial direct lightning discharge‘ and
C. surge protection devices capable of mitigating significant electrical disturbances that mav enter the facilitv via conductive cables.

2. After submittal bv the applicant the applicable application materials shall be transmitted to the Fire Department for its review and anv recommended conditions.

2. Wireless Communications Facilities within the public right—of-wav.

A. Strand-mounted Facilities. Strand-mounted facilities are encouraged. The facilities must be stealth and of the smallest size that is technicallv feasible to reduce aesthetic impacts.

Pole-Mounted Facilities.
llN
l. Facilities on Streetlight Poles
Stealth. The facilitv shall be engineered. designed painted. coated, and otherwise made to maintain the look of a streetlight pole rather than a wireless facilitv tower. or base station.

Antennas and RRUs. Antennas shall be top-mounted in a shroud. and RRUs and other equipment shall be placed underground. If RRUs and equipment cannot be underground then they shall be placed within the shroud with the antenna. RRUs attached to the side of the pole or ground—mounted are discouraged but if thev are required due to technical reasons thev should use the smallest RRU volume possible and be stacked verticallv and close together with minimal distance from the pole. Dimensions. Antennas shall be of the smallest possible size. but in no case more than three cubic feet in volume. Pole—top wireless facilities including shroud shall be no more than 60 inches in height and 14.5 inches in diameter.

Cables and Wiring. All cables and wiring must be within the pole.

Facilities on Wood Utilitv Poles.

Stealth. The facilitv shall be engineered designed, painted, coated. and otherwise made to maintain the look ofa utilitv pole rather than a wireless facilitv, tower, or base station.
12 234

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A b. Antennas. The preferred mounting tvpe for wireless facilities on wood utility poles is side-mounting.
i. Side-mounted Facilities. Antennas and RRUs shall be midpole mounted (i.e.. mid-pole mounted) in a shroud. lf RRUs are attached to the side of the pole. the facilitv should use the smallest RRU volume possible. and the RRUs should be stacked verticallv and close together with minimal distance from the pole. ( l) Antennas shall be of the smallest possible size. but in no case more than three cubic feet in volume.
(2) Side-mounted wireless facilities shall be of the smallest si7e technicallv feasible and shall not proiect from the pole more than 30 inches. The diameter of the shroud shall be no greater than the diameter ofthe pole or 14.5 inches. whichever is less. Side—mounted facilities shall onlv extend out on one side of the pole. ii. Top—mounted Facilities. Antennas and RRUs shall be top—mounted in a shroud. Antennas shall be of the smallest possible size. but in no case more than three cubic feet in volume. Pole—top wireless facilities. including shroud. shall be no more than 72 inches in height and 14.5 inches in diameter.

HEN Cables and Wiring. All cables and wiring must be within the conduit on the exterior of the pole. The conduit must be a color that matches the pole and of the smallest size technicallv feasible.

Q Replacement Poles. lf an applicant proposes or is required to install a reglacement pole to accommodate the proposed facigy:

Placement. A replacement pole must be in the same location as the pole that it is replacing or as close to the original location as possible taking into account pole owner safetv-related requirements and all applicable location and placement standards herein.

HF” Design. Replacement poles should match the design leg. color; dimensions height stvle and materials) of the existing pole that is being replaced.

HS“ Cables and Wiring. All cables and wiring on non-wood poles must be within the structure. All cables and wiring on wood poles must be within conduit on the exterior of the pole. The conduit must be a color that matches the pole and of the smallest size technicallv feasible.

Hie Stealth. The facilitv should be stealth.

Q New (Non—Replacement) Poles.
235

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A Waiver of Development Standard Required. New poles are prohibited unless a waiver of development standard is approved by the Citv pursuant to Section 3.16.4(C1below to prevent a prohibition of service.

Design. New poles (including antenna) shall have a maximum height of28 feet and a maximum diameter of 14 inches and anv base enclosure shall not exceed 24 inches in width 0r height. If existing poles are present in the surrounding area then the new pole shall be designed to resemble the existing poles in appearance nnlnr materials and distribution pattem/spacing.

3. New wooden oles are rohibited unless re uired to match existin oles in the area surrounding the proposed installation site.

3. Wireless Communications Facilities 0n land other than the public right—of-wav.

A. Facade—Mounted Equipment. Facade—mounted antennas and equipment shall be architecturallv integrated into the building or other support structure design and otherwise made as unobtrusive as possible so that the facilitv does not appear to be a wireless facilitv. Antennas and equipment should be located entirely within an existing or newlv created architectural feature so as to be completelv screened from View.

Facade-mounted facilities shallzgeneral=ll not extend more than eighteen ( 18) inches out from and may not project above the building face. Facade—mounted wireless telecommunication facilities shall not exceed twenty-eight (28) feet in height above the ground. However antenna elements mounted flush on the facade of an existing structure that exceeds twenty-eight (28) feet may have a height equal to the height of the building.

B. Ground—Mounted Equipment. Outdoor ground-mounted equipment associated with base stations shall be avoided whenever feasible In locations visible or accessible to the public, applicants shall conceal outdoor ground-mounted equipment. including ancillampower generation equipment. with opaque fences or landscape features that mimic the adjacent structure(s) (includingt but not limited to dumpster corrals and other accessory structures) and by painting texturing or otherwise concealing the facility as much as possible. Ground-mounted wireless communications facilities shall be located near existing structures or trees at similar heights for screening purposes 14 $ Cables and Wiring. All cables and wiring on non-wood poles must be within the pole. All cables and wiring on wood poles must be within the conduit on the exterior of the pole. The conduit must be a color that matches the pole and of the smallest size technically feasible.
i Antennas and RRUs. Antennas and RRUs shall be contained within the pole and its base or underground.

Q Stealth. The facilitv must be stealth.
236

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A where feasible. Not more than One ground-mounted antenna provided that licensed amateur radio station antennas shall also be permitted on each site.

C. Roof—Mounted Facilities. Roof—mounted antennas and necessarv equipment shall be screened from above if Visible from higher elevations. Rooftop-mounted wireless telecommunication facilities shall not exceed twentv-eight (28) feet in height or three (3) feet above the roof paraget from which thev are attached‘ whichever is less restrictive. Associated roof-mounted equipment cabinets shall not extend more than three (3) feet above the roof from which it is attached and shall be ser hack a minimum of ten (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 roofparapet wall screens the equipment cabinets, a mechanical screen wall will not be required.

D. Freestanding Facilities. Freestanding facilities requiring a new monopole or other new support structure shall be stealth facilities. Further. thev shall be located as close as possible to existing above-ground utilities such as electrical towers or utilitv poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application) light poles, trees of comparable heights. and in areas where thev will not detract from the visual appearance of the area.

Freestanding wireless telecommunication facilities including monopoles, shall not exceed twentv-eight (28) feet in height and shall not extend higher than the top of the ridgeline nearest the antenna. The height of a freestanding facilitv shall be measured from the natural undisturbed ground surface below the center ofthe base of the tower itself to the tip of the highest antenna o=rpiece of equipment attached thereto.

2. Aside from the antenna itself no additional equipment mav be visible. All cables. including but not limited to electrical and utilitv cables. shall be run within the interior ofthe freestanding facilitv and shall be camouflaged or hidden to the fullest extent feasible without ieopardizing the phvsical integritv of the facilitv.

DJ Monopole installations shall be situated so as to utilize existing natural or manmade features including topographv vegetation buildings or other structures to provide the greatest amount of visual screening;

4. All antenna components and accessorv wireless eguipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or existing_architectural elements so as to visuallv blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.

5. Monopoles shall be no greater in diameter or other cross—sectional dimensions than is necessarv for the proper functioning of the facilitv. 15 237

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A ll!’\
QC. Waiver ofDevelopment Standards Requests for waivers from any Went development standard of th1s Sectlon 13 6 ----:-—--——-————-—--—-=-—---:‘—-=-=-:— . . shall be made 1n wr1t1n2 to the D1rector s ga ofthe CDP appl1catlon

1. A waiver may be requested=.%l=) L) to av01d a denlal of an apphcatlon that would. w1th1n the meaning of federal law, prohibit or effectivelv prohibit the provision of personal wireless services or otherwise violate a licable laws or re ulations: or b if com liance with a development standard would be technicallv infeasible or (c) if the particular engineering. design. or location proposed involves onlv minor non-compliance with a development standard , . I

A I I ,
. Waivers shall com l with re uirements for rocessin of coastal development permits and appeals consistent with the LCP.

All waivers approved pursuant to this subsection shall onlv be granted on a case—bv-case basis based on substantial evidence if the decision—maker affirmatively finds (as applicable): (a) for a waiver requested under 1(a) that denial based on strict adherence to the standard would within the meaning of federal law prohibit or effectively prohibit the provision of personal wireless services or otherwise violate applicable laws or regulations, and the standard is waived only to the minimum extent required to avoid the prohibition or violation; (b) for a waiver requested under 1(b) that compliance with a standard of this Section 13.6.4 would be technically infeasible and the proposed wireless facility complies with the requirements of this Section to the greatest extent technically feasible' (c) for a waiver requested under 1(c)‘ that such non-compliance is minor but either results in no increase in visual harms to the community or provides other benefits, and failure to adhere to the standard in the specific instance will not increase the visibilitv of the facility and will not decrease public safety and will not result in greater impact to coastal resources including sensitive habitat coastal waters and public access. a v o u
16 4 — ——--=-=—-'--=—-—--=»=—----=
238

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A 239

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A 240

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A 19 I
.
m
n D . . . .
.. .
.. . . . .
. . .. ..
241

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP—4-MAL-21-0048-1-A 20 242

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A 243

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21 -0048-1-A 22 244

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A

3.16.}47 Permit, Review, Renewal and Revocation Procedure A. The City finds that the technology associated with ’ ' ommunications equipment ls subJect to rapid chances and upgrades as a result oflndustry competltlon and customer demands and anaeipateantmpates that commumcatlons antennas and related equlpment With reduced v1sual impacts W111 be avallable from tlme to time w1th comparable or improved coverage and capacity capabilities. There may also be advancements and enhancements with regard to design. practice. operations and structural safety. The Gitycitv further finds that it is in the interest of the public health, safety, and welfare that ' ‘ communications providers be required to replace older facilities with newer 23 245

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A equipment of equal or greater capabilities aria; reduced Visual impacts safety enhancements as technological improvements become available Therefore any modifications other than eligible fac1l1t1es requests requested to an ex1st1ng faculty that has been 1ssued permlt shall permlt the Plannlng ManagerDlrector to rev1ew the carrler s ex15t1ng fac1l1ty to determme whether requ1r1ng updates to concealment elements and screenmg techniques that reduce v1sual 1mpacts is approprlate 1f technically feasible, and the Planning Director maV require such updates as a condition of approval of such modification.
24 246

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1 -A 247

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A LIP SECTION 13.4:
26 248

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A

13.4. 1;% General Requirements for De Minimis Waiver
A. General Requirements for De Minimis Waiver.

The requirement for a coastal development permit may be waived through a De Minimis Coastal Development Permit Waiver issued by the planning director for the items listed below where the improvements are not otherwise exempt pursuant to Section 13.4, provided all the requirements of subsections B and C are met. The planning director’s decision on whether to issue a de minimis waiver is not locally appealable. l. Improvements to an onsite wastewater treatment system (OWTS) serving a structure that was damaged or destroyed as a result of a natural disaster, where the improvements involve installing a new system or upgrading an existing system to an advanced system on the same lot.

2. Minor improvements to existing driveways or access roads that are required by the flre department after a natural disaster, such as minor changes to the width or grade of driveways or access roads. Access improvements that do not meet the findings for a waiver may be processed as an administrative coastal development permit (ACDP) under Section

13.13. 1(A) or as a regular coastal development permit. ., J. New wireless communications facilities that qualify as small cell facilities that The replacement minor relocation and modifications (including minor increase in height) of existing utilitv poles to complv with California Public Utilitv Code requirements when the height of a replacement utilitv pole would not allow a new facilitv to be added to the pole such as the installation of a new wireless communications facility.

4. 5. Temporary wireless communications facilities on wheels to temporarily replace a wireless communications facilitv that was damaged or destroved as a result of a natural disaster provided the antennas and poles do not exceed the height of the approved facilitv and is removed immediatelv after the damaged or destroved facilitv is constructed or in no case more than six months.

B. Findings for and Reporting of De Minimis Waivers.

All decisions on de minimis waivers shall be accompanied by written findings:

I. That the ‘ development has no
potential for adverse effects. either individually or cumulatively. on coastal resources.
27 249

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A

2. That the e development is consistent
with the certifled Malibu Local Coastal Program. including the resource protection policies, as applicable.

3. If an OWTS is to be relocated on the lot, that the director, in consultation with the environmental health administrator, has determined the relocation is necessary to better protect coastal resources.

4. If driveway/road improvements are proposed, that: (a) they are in the same general alignment as the existing road; (b) they are not located in environmentally sensitive habitat area (ESHA); (c) they do not remove or encroach within the protected zone of native trees; and (d) they do not adversely impact visual resources.

5. That the development is not in a location where an action on the development would be appealable to the coastal commission (See Chapter 2 — Definitions).

C. Reporting De Minimis Waiver.

1. At the time the application is submitted for filing, the applicant must post, at a conspicuous place as close t0 the site as possible that is easily accessible by the public and approved by the city, notice, on a form approved by the city, that an application for a de minimis waiver has been submitted to the city. Such notice shall contain a general description of the nature of the proposed development.

2. The planning director shall issue a notice of determination on the application which shall be reported to the planning commission. The notice of determination shall be provided to all known interested parties, including the executive director of the coastal commission, at least ten (10) days prior to the waiver determination being reported to the planning commission.

3. If, after consideration of the waiver and any public objections to it, the planning commission requests that the waiver not be effective, then the applicant shall be advised that a coastal development permit is required for the development. Otherwise, the waiver is effective immediately after the planning commission meeting where the matter is heard.

D. Waiver Expiration.

A de minimis waiver shall expire and be of no further force and effect if the authorized development has arse not commenced
pursuant to a valid grading and/or building permit, as applicable, within five years of the effective date of the waiver. lf expired, a coastal development permit or another waiver shall be required.

LIP Section 13.13.1(A) to add a new subsection (7) as follows:
28 250

SUGGESTED MODIFICATIONS
City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21-0048-1-A

7. Wireless communication facilities :————= —:—‘—————-——-:s-=-—:—— Wthat d0 not meet the criteria for an exemption or a de minimis waiver.

LIP Section 13.4.9 to add a new subsection (F) as follows:

13.4.9 ' ’ Temporary Event W
%
APPENDIX 1 TABLE B PERMITTED USES:

Replace all references to “‘WTF” with “WP” and “Wireless Telecommunication Facility” with “Wireless Permit”. —=-——==—:———‘—-——
251

STAFF/RESIDENTS RECOMMENDATIONS ON WIRELESS ORDINANCES

UPDATES

1. General comments.

1.1. The residents appreciate the amount of thought and work Staff has dedicated to this project, and we are pleased to see it is moving forward in what appears to be a very positive direction.

1.2. The staff proposals will not be available until June 14th, only 10 days before the Council’s meeting on the 24th. Four of the 10 days are weekend days, including Fathers’ Day. That means there will be only 6 working days to assimilate and analyze this multi-faceted matter, involving three different legislative proposals on overlapping topics. It will be very hard to get prepared and then present a cogent, concise position presentation to the Council under these circumstances. For that reason, we request that the City Manager reconsider the decision to not release the draft in advance of publication of the agenda report.

2. Coastal changes.

2.1. Residents recommend that the City accept the Coastal proposals in full. There are many undesirable provisions in the Coastal proposals, but all things considered the most logical and resource/time conserving option is to accept them and instead focus on ensuring that the separately-applicable and independent MMC wireless ordinances in Chapters 12 and 17 contain more appropriate and protective procedural and substantive terms.

3. MMC Changes.

3.1. MMC Ch. 17/Resolution 21-17 – NROW.

3.1.1. MMC Ch. 17.

3.1.1.1. Residents emphasize that while we can accept the Coastal changes for LIP purposes, the MMC can and should be different and should contain more specific and protective procedural and substantive safeguards.

3.1.1.2. Residents recommend that no changes be made to MMC Ch. 17, maintaining what was accomplished in Ordinance 484.

3.1.2. Resolution 21-17.

3.1.2.1. Residents recommend that Resolution 21-17 be retained, except for changes to Sec. 5.C.6 and a new 5.C.7 to accomplish the so-called “residential fix.”

3.2. MMC Ch. 12/Resolution 20-65 – ROW.

3.2.1. MMC Ch. 12.

3.2.1.1. Residents emphasize that while we can accept the Coastal changes for LIP purposes, the MMC can and should be different and should contain more specific and protective procedural and substantive safeguards.

3.2.1.2. Residents recommend that MMC Ch. 12 (ROW) be amended to be consistent, where possible, with Ordinance 484’s provisions on like topics.

3.2.2. Resolution 20-65.

3.2.2.1. Residents recommend that Resolution 20-65 be made consistent with Resolution 21-17 provisions, as amended to include the “residential fix.” 252
Attachment 10

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, June 24, 2024, at 6:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA and via teleconference.

Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

WIRELESS COMMUNICATION FACILITY ORDINANCE UPDATE
Local Coastal Program Amendment No. 16-007 and Zoning Text Amendment No. 16-005 – The City Council will consider California Coastal Commission recommended modifications to the City Council approved Ordinance No. 484 for a comprehensive regulatory system for the placement of wireless communications facilities, including procedures, permitting, and penalties by amending Malibu Municipal Code Title 17, including, but not limited to, Chapter 17.46, and amending Local Coastal Program (LCP) Local Implementation Plan (LIP) Sections 2.2 and 3.16, Chapter 13 and Appendix 1 (Table B, Permitted Uses)
Applicant: City of Malibu
Location: Citywide
Case Planner Richard Mollica, Planning Director
[email protected]
(310) 456-2489, ext. 346
In accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP amendment (LCPA). This application is for modifications to an LCP amendment which was approved with modifications by the California Coastal Commission. LIP Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent an inconsistency between the LCP and the City’s Zoning Ordinance, if the LCPA is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of, the exempt activity, they are subject to the same CEQA exemption.

The LCPA and Zoning Text Amendment (ZTA) are not a project within the meaning of CEQA Guidelines Section 15378, because they have no potential to result in physical change to the environment, directly or indirectly. The ZTA and LCPA do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ZTA and LCPA were a “project” within the meaning of State CEQA Guidelines Section 15378, they are exempt from CEQA. CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility is not subject to CEQA. Moreover, in the event that the ZTA and LCPA are interpreted so as to permit installation of wireless communications facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines Section Attachment 11
253
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).

A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding these matters will be afforded an opportunity in accordance with the Council’s procedures.

Copies of all related documents can be reviewed by any interested person by appointment at City Hall during regular business hours and on the City’s website at https://www.malibucity.org/WCF.

Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING

ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING

DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

Richard Mollica, Planning Director
Publish Date: May 30, 2024
254

Page 1 of 5 ends

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: May 10, 2024 Meeting date: June 24, 2024 Subject: Resolution Establishing Criteria for Declaring a Local Emergency During Periods of High Fire Risk
RECOMMENDED ACTION: Adopt Resolution No. 24-30 (Attachment 1) establishing criteria for declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping and establishing criteria for when to terminate the local emergency.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PRIORITY: This item supports the Public Safety priorities identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: California Government Code Section 8630 empowers the City Council to proclaim the existence of a local emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. This Code also requires that the governing body proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

In 2021 and 2022, the City Council adopted Resolutions (Attachments 2 & 3) that declared the existence of a local emergency and established a program (Program) for reducing the risk of fires associated with individuals engaged in unpermitted camping. These declarations were recommended based on two factors:
1) the critically low measurements (less than 65%) and downward trend of the Live Fuel Moisture (LFM), which is the moisture content of living vegetation and an indicator of fire risk, measured by Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise.

City Council Meeting
06-24-24
Item

6.A.
1

Page 2 of 5 ends

Agenda Item # 6.A.
2) the number of vegetation fires attributed to individuals living in unpermitted encampments in the canyons of the City. In addition, individuals engaged in unpermitted camping in the hillsides are also at significant risk of loss of life due to wildfire since they are unlikely to receive traditional emergency alerts sent through cell phones.

The Program sought to identify and remove individuals engaged in unpermitted camping in areas designated as a Very High Fire Hazard Severity Zone (VHFHSZ) in Malibu and directed city staff to:
• Act in collaboration with the City of Malibu Outreach Team (MOT), Los Angeles County Sheriff’s Department (LASD), and LASD-Homeless Outreach Services Team (HOST) to provide appropriate notification to those individuals living in hillside encampments of the potential threat to life and the prohibition in effect; and • Act in collaboration with the MOT, LASD, and LASD-HOST to identify encampments within the areas designated as VHFHSZ, provide outreach, and offer available resources; and
• Act in collaboration with the MOT, LASD, and LASD-HOST, to ensure that the VHFHSZ remains free of encampments while also ensuring these efforts do not criminalize individuals living unhoused; and
• Act in collaboration with LASD Arson Watch during Red Flag events to watch for signs of smoke columns and fire and communicate early alert and notification of potential wildfire incidents as well as unpermitted activity in canyons and VHFHSZ areas.

To ensure consistency from year to year, staff recommends that the Council adopt a Resolution that establishes criteria that trigger the need to declare a local emergency and implement the Program, as well as conditions that trigger the termination of the local emergency.

Factors to Consider in Developing a Policy
Very High Fire Hazard Severity Zone – The City of Malibu is designated by CAL FIRE as a Very High Fire Hazard Severity Zone (VHFHSZ). Malibu bears this designation based on vegetation, its steeply sloping topography, its fire history, and fire weather factors, all of which increases the risk of wildfire from unpermitted heat sources. Factors, such as wind, relative humidity, and temperature, combined with fuel moisture affected by extreme drought conditions, can produce dangerous fire risk to everyone in the community.

Live Fuel Moisture – In the Santa Monica Mountain Range, most days throughout the year do not provide favorable conditions for large fires to develop. If a fire does break out, it can usually be managed and put out by the local fire resources. However, if there are adverse fuel and weather conditions, the situation can change drastically. When the LFM falls to 2

Page 3 of 5 ends

Agenda Item # 6.A.
60% or less, the situation is considered critical. At this level, chaparral and other fuels burn quickly, much like dead vegetation.

Santa Ana Wind Events – Another significant factor associated with large fire development are Santa Ana wind events, which typically occur between September and January. These wind events are especially dangerous when they meet Red Flag Criteria, foretelling extremely dangerous fire behavior and significant increases in risk to life and property.

Red Flag Weather Conditions – When the National Weather Service issues a Red Flag, it triggers fire departments to augment staffing and apparatus and focus firefighting tactics on evacuations and structure defense.

Specifically, Red Flag Criteria requires dry fuels (when the LFM is at or below 60% and 10-hour Dead Fuel Moisture is at 3% or less) and any one of the following:

1. Relative Humidity of 15% or less with either sustained winds of 25 mph or greater or frequent gusts of 35 mph or greater (duration of 6 hours or more).

2. Relative humidity of 10% or less with either sustained winds of 15 mph or greater or frequent gusts of 25 mph or greater (duration of 6 hours or more).

3. Widespread and/or significant Dry Lightning.

4. Other (forecaster discretion) – unusual but significant meteorological and/or fuel conditions in coordination with GACC or local agency.

Timing of Historical Events – The Santa Monica Mountains witness dry, windy Red Flag conditions around 5-7 times a year, mostly in October, November, and December. In addition, the duration of heightened wildfire risk varies each year depending on summer temperatures, rainfall, and wind. Historically, some of the most devastating fires in Malibu occurred in October and November, including:
• Old Topanga Fire (16,468 acres) in November 1993;
• Calabasas Fire (12,513 acres) in October 1996;
• Corral Canyon Fire (4,708 acres) in November 2007; and, • Woolsey Fire (96,949 acres) in November 2018.

By the end of December, the wildfire risk in Malibu tends to decrease significantly as the state usually receives rainfall, diminishing the threat of a large wildfire.

Recommended Criteria
To develop a draft set of criteria, staff considered the above factors and worked closely with Los Angeles County Fire Department (LACFD) Assistant Fire Chief Drew Smith, who 3

Page 4 of 5 ends

Agenda Item # 6.A.
is a leading fire behaviorist in the country. As a result, the following draft criteria were developed:

Criteria for declaring a local emergency and implementing the Program:
• When the LFM is 65% or less as determined by Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise.

Justification for the proposed criteria: Although LFM isn’t considered critical until it reaches 60%, staff believes that when the LFM is in a downward trend an LFM of 65% is serious enough to justify taking protective actions.

Criteria for terminating the local emergency:
• When the City has received a minimum of 2" of recorded rainfall as determined by Los Angeles County Department of Public Works Season Total (October 1- May 1) for the Big Rock Mesa site; and
• The Live Fuel Moisture is 80% or greater as determined by Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise; and • There has been no Fire Weather Watch or Red Flag Warning in the previous two weeks; and,
• When there is no Fire Weather Watch or Red Flag Warning in the extended forecast as determined by National Weather Service (NWS) California Fire Weather Forecast for either the Malibu Coast or Santa Monica Mountains NRA.

Justification for the proposed criteria: According to LACFD, as well as historical records of large fires, once the region has received 2” of rain, the risk of large fire growth is diminished. The additional criteria help to protect against terminating the emergency too early.

On February 7, 2024, the Public Safety Commission voted in favor of the recommended policy. The Commission also recommended that staff provide options to the City Council to better define what an extended forecast is.

The extended forecast provided by NWS is one week. Forecasts longer than one week are produced by the Climate Prediction Center, a branch of the NWS. These include 8– 14-day outlooks, monthly outlooks, and seasonal outlooks. Unlike regular “zone forecasts” issued by the local NWS office, the climatological outlooks provide probability forecasts.

To address the recommendation from the Public Safety Commission, the Council could amend the fourth criteria to say:
4

Page 5 of 5 ends

Agenda Item # 6.A.
• When there is no Fire Weather Watch or Red Flag Warning in the 8 – 14-day outlook as determined by the Climate Prediction Center of the National Weather Service.

Staff recommends that the Council adopt the attached Resolution establishing criteria for declaring and terminating a local emergency for fire risk conditions. This will provide consistency from year to year and strengthen the city's overall fire prevention program.

ATTACHMENTS:
1) Resolution No. 24-30
2) Resolution No. 21-49
3) Resolution No. 22-42
5 Attachment 1
RESOLUTION NO. 24-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

ESTABLISHING CRITERIA FOR WHEN TO DECLARE THE EXISTENCE OF

A LOCAL EMERGENCY AND INITIATE A PROGRAM FOR REDUCING

THE RISK OF FIRES ASSOCIATED WITH INDIVIDUALS ENGAGED IN

UNPERMITTED CAMPING AND ESTABLISHING CRITERIA FOR WHEN

TO TERMINATE THE LOCAL EMERGENCY
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. Wildfires are a frequent natural and man-made disaster in California, causing significant harm and loss to individuals, communities, and wildlife. The frequency, duration, and size of wildfires have significantly increased over the past several decades. Ten of the largest fires in California’s history occurred in 2018 or later.

Malibu is among the areas devastated by wildfire - losing hundreds of homes and acres of vegetation and suffering hundreds of millions of dollars in damages in the 2018 Woolsey Fire which also took three lives.

B. A vegetation fire in Malibu at any time of the year poses a danger to life and property. A vegetation fire during a Red Flag event poses extreme peril to the safety of persons and property within Malibu. Historically, the most devastating wildfires in Malibu have occurred between September and January when the wildland and chaparral are at their driest, the Santa Ana winds are most prevalent, and the humidity is at its lowest.

C. CAL Fire has identified three zones based on increasing fire hazard severity:
medium, high, and very high. Considering various factors such as historical fire patterns, proximity to wildland and parkland, abundant chaparral, and severe drought, CAL FIRE has classified the entire area where the City of Malibu is situated as a Very High Fire Hazard Severity Zone (VHFHSZ).

D. Live fuel moisture (LFM) is a common indicator of fire risk and an LFM of 60% or lower is considered critical. Each year, local fire risk conditions have continually hit critical levels. And as climate change extends and exacerbates our local fire season, the risk of harm or loss of life for individuals increases.

E. Individuals engaged in unpermitted camping in the VHFHSZ are at significant risk of loss of life due to being trapped by wildfires since they are not likely to receive traditional emergency alerts sent through cell phones. In addition, individuals who are attempting to leave the mountainous region during a wildfire could be trapped by fires that start from the ember cast that precedes the fire front in a wind-driven fire. This situation also increases the risk that emergency responders may have to divert resources from fighting the fire to assist these individuals. 6 Resolution No. 24-30

Page 2 of 3 ends

_____________________
F. Individuals engaged in unpermitted camping in the VHFHSZ may be reliant on fires for everyday activities, including cooking food and keeping warm. These activities increase the risk of nearby brush catching fire and rapidly spreading.

G. Malibu has experienced numerous vegetation fires linked to individuals engaged in unpermitted camping in areas designated as VHFHSZ and in 2021, Malibu experienced more than twenty-three fires attributed to this cause.

SECTION 2. The City Council does hereby adopt the following criteria for declaring a local emergency and implementing a program to reduce the risk of fires associated with individuals engaged in unpermitted camping:

A. When the LFM is 65% or less as determined by Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise, staff shall bring a Resolution to the City Council that declares a local emergency and initiates a program to identify and remove any individuals engaged in unpermitted camping in areas designated as a VHFHSZ in Malibu.

The City Council does hereby adopt the following criteria for terminating the local emergency:

A. When the City has received a minimum of 2" of recorded rainfall as determined by the Los Angeles County Department of Public Works Season Total (October 1- May 1) for the Big Rock Mesa site; and
B. The Live Fuel Moisture is 80% or greater as determined by Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise; and C. There has been no Fire Weather Watch or Red Flag Warning in the previous two weeks; and,
D. When there is no Fire Weather Watch or Red Flag Warning in the extended forecast as determined by the National Weather Service California Fire Weather Forecast for either the Malibu Coast or Santa Monica Mountains NRA.

SECTION 3. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
7 Resolution No. 24-30

Page 3 of 3 ends

_____________________
PASSED, APPROVED, and ADOPTED this 24th day of June 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
8 RESOLUTION NO. 21-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY AND

ESTABLISHING A PROGRAM FOR REDUCING THE RISK OF FIRES
ASSOG[ATED WITH INDIVIDUALS LIVING UNHOUSED AND OTHERWISE

ENGAGED IN UNPERMITTED AND UNREGULATED CAMPING
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. Wildflres are a frequent natural and man-made disaster in California, causing significant harm and loss to individuals, communities, wildlife. The frequency, duration and size ofwildfires have significantly increased over the past several decades with six ofthe seven largest fires in California’s history occurring in the last 13 months. Malibu is among the areas devastated by wildfire in just the past few years — losing hundreds of homes and acres of vegetation, and suffering hundreds of millions of dollars in damages in the Woolsey Fire which also took three lives.

B. Researchers at UC Irvine reported that the State’s burn season has grown longer and longer over the last 20 years, now beginning in May, rather than June, with the peak shifting from August to July. Los Angeles County’s (County) unusually extreme heat, coupled with bone-dry terrain, has created ideal conditions for more rapid spread when fires occur.

C. A vegetation fire in Malibu at any time ofthe year poses a danger to life and property. A vegetation fire during a Santa Ana wind event poses extreme peril to the safety of persons and property within Malibu. Historically, the most devastating wildfires in Malibu have occurred between the months of September through January when the wildland and chaparral are at their driest and the Santa Ana winds are most prevalent — with the Woolsey Fire being the latest and most severe wildfire in Malibu.

D. While most of California is subject to some degree of fire risk, specific features make some areas particularly hazardous. State law requires the California Department of Forestry and Fire Protection (“CAL FIRE”) to identify areas based on the severity of fire hazard that is expected to prevail there. These areas, or “zones,” are based on factors such as fuel, slope, and fire weather.

E. There are three zones based on increasing fire hazard: medium, high, and very high. As we go through the 2021 fire season, we must be diligent in reducing the risk of fire, particularly in areas with the highest hazard, which are designated Very High Fire Hazard Severity Zones (“VHFHSZ”).

F. Considering a host of factors, including historical fire patterns, proximity to wildiand and parkland, extensive chaparral, and severe drought, CAL FIRE has designated the entirety of the City of Malibu a VHFHSZ. 9 Attachment 2
Resolution No. 2 1-49
Page2of6
G. The County currently has the largest population of individuals living unhoused in the nation. While many individuals living unhoused do so in urban centers, a growing number have migrated to more remote, mountainous regions, as well as coastal communities, such as Malibu. As more individuals elect to live unhoused within high fire zones, the risk of fires starting and causing harm and loss of life has also increased.

H. Unhoused individuals living in the VHFHSZ are at significant risk ofloss of life due to being trapped by wildfires since they are not likely to receive traditional emergency alerts sent through cell phones. In addition, individuals who are attempting to leave the mountainous region during a wildfire could be trapped by fires that start from the ember cast that precedes the fire front in a wind driven fire. This situation also increases the risk that emergency responders may have to divert resources from fighting the fire to assist these individuals.

A 2018 Strategic Plan (“Plan”) developed by Malibu identified the City’s efforts to address this situation on many fronts. For example, the City of Malibu has explored and continues to explore ways to participate in a broad effort to address the root causes of homelessness.

J. Among other things, the City of Malibu’s Plan goals include connecting individuals with services and temporary and permanent housing solutions and preventing and mitigating the health and safety impacts of homelessness on individuals and the community.

K. To achieve these ends, the City of Malibu has worked closely with a “Homelessness Working Group” comprised of interested members of the public and outreach workers from The People Concern, a social services agency in the West Los Angeles area, dedicated to engaging the local homeless population.

L. Since 2018, the City ofMalibu’s outreach team (the “MOT”) has helped 136 individuals move into either temporary (27) or permanent (28) housing or reconnect with their families (81). The City ofMalibu also partners with the Los Angeles County Sheriffs Department (“LASD”) and its Homeless Outreach Services Team (“HOST”) to clear and clean the sites of encampments of people living unhoused (“PLU”) according to established protocols (i.e. PLU are given advanced warning of any scheduled clean-up and offered access to outreach services).

M. Clean-up efforts have enabled the City of Malibu to (1) connect PLU with services and housing; (2) help prevent wildfires caused by fire and heating devices used for warming and cooking; and (3) remove human waste and other unsanitary conditions found in public parks, which create a health hazard for camp occupants and park visitors and impede the public’s use and enjoyment of the parks.
10 Resolution No. 2 1-49
Page3 of6
N. Despite Malibu’s efforts described above, Malibu continues to witness a significant number of PLU and otherwise engaged in unpermitted and unregulated camping in areas designated as VHFHSZ.

Additionally, efforts to notify or evacuate PLU in remote locations can cause undue harm to outreach workers and emergency responders.

P. In just the past year, Malibu has experienced seventeen fires attributed to PLU in area designated as VHFHSZ. In prior years, Malibu has experienced multiple other vegetation fires linked to PLU in area designated as VHFHSZ.

Fortunately, those fires have been identified quickly, the winds were calm, and Los Angeles County Fire Department was able to extinguish these fires without loss of life and with only minimal loss of property— albeit not without injuries to some fire fighters. With less fortunate conditions, any one of those fires could have grown into the next Woolsey Fire (or worse).

Q. Despite a significant increase in fire prevention efforts, there are still areas designated as VHFHSZ where, because oflocation, access, terrain, and fuels, the risk of a fire starting and rapidly spreading remains incredibly high. As climate change extends and exacerbates our local fire season, particular areas of Malibu pose too much risk of harm or loss of life for PLU, residents, outreach teams, and first responders, to allow PLU to remain in those areas.

R. Local fire risk conditions in 2021 have hit historic levels. Live fuel moisture (LFM) is a key indicator of fire risk and an LFM of 60% or lower is considered critical. In the Santa Monica Mountains, the LFM is currently at 57%, far drier than in August 2020 when it stood at 70% which is the historical average for this time of year.

S. As we enter what may be the most devastating fire season on record, it is critical that we move with urgency to reduce the risk of occurrence and spread.

T. For these reasons, PLU in areas designated as VHFHSZ pose a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to life, health, property and/or essential services.

Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection oflife and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to 11 Resolution No. 21-49
Page4of6
adopt local legislation designed to protect the health, safety, and welfare of the community.

V. The extreme peril to the safety of persons and property within Malibu associated with PLU in areas designated as a VHFHSZ outweighs any arguable right that an individual may have to live unhoused or to camp in such areas. To mitigate the risk offires, Malibu should prohibit PLU in areas designated VHFHSZ and which pose an extreme risk of fire danger. All necessary efforts to connect PLU to resources should occur and should be led by the best practices for addressing PLU such that no individual is criminalized simply for not having a home.

SECTION 2. It is hereby proclaimed that:

The potential for a wildfire in Malibu currently poses extreme peril to persons and property in Malibu. As such, a local emergency now exists throughout the City of Malibu, which will remain in effect until the extreme danger of wildfire subsides;

2. To prevent the occurrences of fire and loss of life and property, homeless encampments are prohibited in areas designated as a VHFHSZ in Malibu;

3. City Staff is directed to act in collaboration with the MOT, LASD and LASD-HOST to provide appropriate notification of the prohibition to those PLU residing in encampments;

4. City Staff is directed to act in collaboration with the MOT, LASD and LASD-HOST to identify homeless encampments within areas designated a VHFHSZ, provide outreach, and offer available resources. Homeless encampments offered outreach should be prioritized based on risk level associated with location, access, and terrain, and fuels;

5. City Staff is directed to act in collaboration with the MOT, LASD and LASD-HOST, to ensure that the VHFHSZ remains free of homeless encampments, while also ensuring these efforts do not criminalize PLU;

6. The City is directed to request that the County expand its August 10, 2021 Motion related to reducing risk of fires in VHFHSZ to all of Los Angeles County;

7. City Staff is directed to act in collaboration with the MOT, LASD and LASD-HOST, to provide an initial report back after 30 days on progress relocating PLU in homeless encampments, and an analysis of resources needed to sustain this effort and ongoing progress reports every 60 days thereafter; and
12 Resolution No. 2 1-49

Page 5 ends

8. City Staffis directed to continue to monitor and report back quarterly on fires that have been linked to PLU in Malibu and to develop appropriate prevention strategies for areas that have seen multiple incidents.

SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 ofthe California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities ofgovernment which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21 080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 5. The City Clerk shall certify to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 23rd day of August 2021.

PAUL
A~
GRI~~kNTI,
i~
Mayor
ATTEST:

KELSE Pi~’IJOH~~cti City Clerk
(seal)
13 Resolution No. 2 1-49

Page 6 of 6 ends

This proclamation has been issued in accordance with applicable law, is in effect and carries the force of law until October 25, 2021, on which date it expires unless the declaration of local emergency is extended by the City Council.

APPROVED AS TO FORM:
__-
JOH~( COTTI, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2 1-49 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 23r~~ day of August 2021 by the following vote:

AYES: 5 Councilmembers: Farrer, Pierson, Uhring, Silverstein, Grisanti NOES: 0
ABSTAIN: 0
ABSENT: 0
ISEY ~ ~TTI 01-IN, Acting City Clerk
( ea!)
14 RESOLUTION NO. 22-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY AND

INITIATING A PROGRAM FOR REDUCING THE RISK OF FIRES

ASSOCIATED WITH INDIVIDUALS LIVING UNHOUSED AND OTHERWISE

ENGAGED IN UNPERMITTED AND UNREGULATED CAMPING
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. Wildfires are a frequent natural and man-made disaster in California, causing significant harm and loss to individuals, communities, wildlife. The frequency, duration and size of wildfires have significantly increased over the past several decades with ten of the largest fires in California’ s history occurring in 2018 or later.

Malibu is among the areas devastated by wildfire in just the past few years - losing hundreds of homes and acres of vegetation, and suffering hundreds of millions of dollars in damages in the Woolsey Fire which also took three lives.

C. A vegetation fire in Malibu at any time of the year poses a danger to life and property. A vegetation fire during a Red Flag event poses extreme peril to the safety of persons and property within Malibu. Historically, the most devastating wildfires in Malibu have occurred between the months of September through January when the wildland and chaparral are at their driest, the Santa Ana winds are most prevalent, and the humidity at its lowest - with the Woolsey Fire being the latest and most severe wildfire in Malibu.

E. CAL Fire identified three zones based on increasing fire hazard severity: medium, high, and very high. Each year, as the fire season progressively worsens, we must be diligent in reducing the risk of fire, particularly in areas with the highest hazard, which are designated Very High Fire Hazard Severity Zones (“VHFHSZ”).
15 Attachment 3
Resolution No. 22-42

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G. The County currently has the largest population of individuals living unhoused in the nation. While many individuals living unhoused do so in urban centers, a growing number have migrated to more remote, mountainous regions, as well as coastal communities, such as Malibu. As more individuals live unhoused within high fire zones, the risk of fires starting and causing harm and loss of life has also increased.

H. Unhoused individuals living in the VHFHSZ are at significant risk of loss of life due to being trapped by wildfires since they are not likely to receive traditional emergency alerts sent through cell phones. In addition, individuals who are attempting to leave the mountainous region during a wildfire could be trapped by fires that start from the ember cast that precedes the fire front in a wind driven fire.

This situation also increases the risk that emergency responders may have to divert resources from fighting the fire to assist these individuals.

J. Among other things, the goals of the City of Malibu’s Plan include connecting individuals with services, identifying temporary and permanent housing solutions, and preventing and mitigating the health and safety impacts of homelessness on individuals and the community.

L. Since 2018, the City of Malibu’s Outreach Team (the “MOT”) has helped 136 individuals move into either temporary (27) or permanent (28) housing or reconnect with their families (81). The City of Malibu also partners with the Los Angeles County Sheriff’s Department (“LASD”) and its Homeless Outreach Services Team (“HOST”) to clear and clean the sites of encampments of people living unhoused (“PLU”) according to established protocols (i.e. PLU are given advanced warning of any scheduled clean-up and offered access to outreach services). 16 Resolution No. 22-42

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N. Despite Malibu’s efforts described above, Malibu continues to witness a significant number of PLU and otherwise engaged in unpermitted and unregulated camping in areas designated as VHFHSZ.

0. PLU may be reliant on fires for everyday activities, including cooking food and keeping warm. These activities also increase the risk of nearby brush catching fire and rapidly spreading. PLU in high-fire zones may miss emergency notifications and may experience challenges in safely evacuating. Additionally, efforts to notify or evacuate PLU in remote locations can cause undue harm to outreach workers and emergency responders.

P. In 2021, Malibu experienced more than twenty-three fires attributed to PLU in area designated as VHFHSZ. In prior years, Malibu has experienced multiple other vegetation fires linked to PLU in areas designated as VHFHSZ. Fortunately, those fires have been identified quickly, the winds were calm, and the Los Angeles County Fire Department was able to extinguish these fires without loss of life and with only minimal loss of property - albeit not without injuries to some fire fighters. With less fortunate conditions, any one of those fires could have grown into a large destructive fire such as the Woolsey Fire (or worse).

Q. Despite a significant increase in fire prevention efforts, there are still areas designated as VHFHSZ where, because of location, access, terrain, and fuels, the risk of a fire starting and rapidly spreading remains incredibly high. As climate change extends and exacerbates our local fire season, particular areas of Malibu pose extreme risk of harm or loss of life for PLU, residents, outreach teams, and first responders, to allow PLU to remain in those areas.

R. Each year, local fire risk conditions have continually hit critical levels. Live fuel moisture (LFM) is a common indicator of fire risk and a LFM of 60% or lower is considered critical. However, a LFM of 65% or lower indicates a likelihood of reaching this 60% critical level. Waiting until this critical LFM level is met may reduce the time the City has to prepare and begin taking preventative actions. In the Santa Monica Mountains, the LFM is currently at 63%.

S. The dry, windy, and low humidity conditions of Red Flag events occur in the Santa Monica Mountain Range approximately 5-7 times each year, mostly during the months of October, November, and December. As another potentially dangerous and 17 Resolution No. 22-42

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destructive fire season develops, it is critical that we move with urgency to reduce the risk of fire occurrence and spread.

U. California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.

V. The extreme peril to the safety of persons and property within Malibu associated with PLU in areas designated as a VHFHSZ, including to the PLU, outweighs any arguable right that an individual may have to live unhoused or to camp in such areas.

To mitigate the risk of fires, Malibu should prohibit PLU in areas designated VHFHSZ and which pose an extreme risk of fire danger. All necessary efforts to connect PLU to resources should occur and should be led by the best practices for addressing PLU such that no individual is criminalized simply for not having a home.

SECTION 2. It is hereby proclaimed that;
The potential for a wildfire in Malibu continues to pose extreme peril to persons and property in Malibu. As such, the City Council finds that a declaration of local emergency is necessary, and will remain in effect until the extreme danger of wildfire subsides;

2. To prevent the occurrences of fire and loss of life and property, homeless encampments are prohibited in areas designated as a VHFHSZ in Malibu;

3. City Staff is directed to act in collaboration with the MOT, LASD and LASD-HOST to provide appropriate notification of the prohibition to those PLU residing in encampments;

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6. City Staff is directed to request that the County expand its August 10, 2021 Motion related to reducing risk of fires in VHFHSZ to all of Los Angeles County;

7. City Staff is directed to act in collaboration with the MOT, LASD and LASD-HOST, to provide an initial report back after 30 days on progress relocating PLU in homeless encampments in the VHFHSZ, and an analysis of resources needed to sustain this effort and ongoing progress reports every 60 days thereafter; and

8. City Staff is directed to continue to monitor and report back quarterly on fires that have been linked to PLU in Malibu and to develop appropriate prevention strategies for areas that have seen multiple incidents.

SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 27th day of September 2022. / (—~ ç
PAUL GR-ISANTI, Mayor
19 ATTEST:
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KELSE~2i~TTiIOHN, City ~T~k
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Resolution No. 22-42

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APPROVED AS~TO FORM:
/~
-~ I
~. I J’-~
TREV8I~ RUSIN, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 22-~was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the2j day of5~ 2022 by the following vote:

AYES: 4
NOES: 0
ABSTAIN: 0
ABSENT: 1
KELSE~~~TIJ N, City Cler
(seal)
-~
Councilmembers: Farrer, Uhring, Silverstein, Grisanti
Councilmembers: Pierson
20

Malibu City CouncilJune 24, 2024

Malibu City Council
June 24, 2024