City Council
Item 10.C
May 9, 2023
Recommended Action
• Adopt a finding of Categorical Exemption from CEQA
• Introduce and adopt an Emergency Interim Zoning
Ordinance to extend interim zoning regulations to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service
Facilities
• Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code to confirm the applicability of certain zoning and health and safety regulations to
wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
City Council | 05.09.23 | Item 10.C
Why this item, and why now?
• FCC largely preempts local regulations for most
types of over-the-air receiving antennas (“OTARD”)
• Current SMMC can be read to require some types
of permits/permitting processes that are federally
preempted by the FCC
• The ordinances tonight resolve the ambiguity,
clarify that the City’s safety code requirements
apply, and allow the City Council to amend the
SMMC
What are OTARD antennas?
• TV antennas
• Wi-Fi antennas and fixed wireless Internet antennas
• Satellite dish antennas up to 1 meter in diameter
What are not OTARD antennas?
• Cell towers of any type
• Transmitting AM/FM/TV/two-way radio antennas
• Anything which is not an OTARD-protected antenna
The FCC OTARD Rules Do Not Prohibit . . .
• Nondiscriminatory, generally applicable safety code
regulations, and
• Nondiscriminatory protection of historical areas…
…but local regulations must be no more burdensome
than required to protect those interests.
The FCC OTARD Rules do Prohibit . . .
“[a]ny restriction, including but not limited to any
state or local law or regulation, including zoning,
land-use, or building regulations, or any private
covenant, contract provision, lease provision,
homeowners' association rule or similar
restriction, on property within the exclusive use or
control of the antenna user where the user has a
direct or indirect ownership or leasehold interest
in the property that impairs the installation,
maintenance, or use of [OTARDs].”
47 C.F.R. § 1.4000(a)(1)
Tonight’s Ordinances…
1. Makes very minor but necessary immediate
changes to the SMMC to clarify that OTARD
antennas are subject only to construction permits
by the City;
2. Meets the requirements of the FCC’s preemptive
rules;
3. Clarifies the applicability of the SMMC land use
planning table; and
Recommended Action
• Adopt a finding of Categorical Exemption from CEQA
• Introduce and adopt an Emergency Interim Zoning
Ordinance to extend interim zoning regulations to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service
Facilities
• Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code to confirm the applicability of certain zoning and health and safety regulations to
wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities
City Council | 05.09.23 | Item 10.C
Proposed Zoning Amendments
Proposed Interim Zoning Amendments
Proposed Interim Zoning Amendments