ORDINANCE 1275ORDINANCE NO. 1 275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA403 AND ZONE
TEXT AMENDMENT ZTA 96 -3 REGULATING WIRELESS COMMUNICATION
FACILITIES. PETITIONED BY THE CITY OF EL SEGUNDO.
WHEREAS, on November 5, 1996, the City Council did, pursuant to California Government Code Section
65858, adopt an Interim Zoning Ordinance (IZO) (Ordinance No. 1262) as an urgency measure to impose a forty-five
(45) day moratorium upon the issuance of permits for Wireless Communication Facilities; and,
WHEREAS, on December 17, 1996, the City Council did hold, pursuant to law, a duly advertised public
hearing and extended the Interim Zoning Ordinance (IZO), by adopting Ordinance No. 1266, until November 4, 1997,
ten months and fifteen (15) days from the expiration date on December 20, 1996; and,
WHEREAS, an Environmental Assessment (EA -403), including a Draft Initial Study and Mitigated Negative
Declaration of Environmental Impacts forthe Zone TextAmendments, General Plan Amendments, and Zone changes,
has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment
in the time and manner prescribed by law; and
WHEREAS, on January 9, 1997, the Planning Commission did hold, pursuant to law, a public workshop to
review revisions to the Zoning Code and the General Plan; and,
WHEREAS, on February 13, 1997, the Planning Commission did hold, pursuant to law, a duly advertised
public hearing on amendments to the Zoning Code and City's General Plan, and notice was given to the time, form
and manner prescribed by law; and,
WHEREAS, on February 27, March 6, and 27, and April 10, and 24,1997, the Planning Commission did hold,
pursuant to law, duly advertised continued public hearings on amendments to the Zoning Code and City's General
Plan, and notice was given to the time, form and manner prescribed by law, and,
WHEREAS, on April 24, 1997, the Planning Commission adopted Resolution No. 2391 recommending to
the City Council approval of Environmental Assessment EA -403, General Plan Amendment 97 -2, and Zone Text
Amendments ZTA 97 -1 regarding amendments to the Zoning Code and General Plan; and,
WHEREAS, on May 20 , June 3, and 17, July 1, and August 4, 1997, the City Council did hold, pursuant to
law, duly advertised public hearings on amendments to the Zoning Code and City's General Plan, and notice was
given to the time, form and manner prescribed by law; and,
WHEREAS, at said hearings, the City Council established the following facts and findings:
1. That the Federal Telecommunications Act was signed into law in February of 1996. The effects of this Act
upon the City's ability to regulate these facilities require further study by the City; and,
2. That changes in wireless telecommunications technology, additional licenses granted by the Federal
Communications Commission, and the increased demand for wireless communication services have led to
a significant increase in the demand for wireless communication facilities within the City of El Segundo.
There has been an increase in the number of applications for, and inquiries regarding, proposed wireless
communication facilities in the City; and,
3. That the citizens of El Segundo have expressed significant concern relating to the location of wireless
communication facilities within the City. Their primary concern relates to the aesthetic effects of such
facilities on neighboring properties and the community as a whole; and,
1275
That failure to implement new regulations for wireless communication facilities will result in a substantial
number of wireless communication facilities being installed without regulations needed to protect the public
safety and welfare of the citizens of El Segundo. New regulations will provide for consistency in decision -
making among applications before the City; and,
That because of its size, topography, and development, there are a limited number of potential sites in the
City which would be acceptable for the installation of wireless communication facilities; and,
That the City of El Segundo is nearly fully developed with a variety of residential and commercial uses; and,
That the adoption of regulations and guidelines for the establishment of wireless communication facilities will
serve to reduce the potential for negative impacts on the community; and,
That the requirements and restrictions imposed by this Ordinance are necessary to protect the safety and
welfare of the citizens of El Segundo.
9. That the Planning Commission considered and recommended approval of a General Plan Amendment
encouraging the development of standard for the location and design of wireless communication facilities.
NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed
Environmental Assessment EA -403 and Zone Text Amendment 96 -3 the City Council finds as follows:
GENERAL PLAN
The proposed Zoning Code amendments are consistent with the 1992 General Plan.
The General Plan Amendment considered by the Planning Commission was reviewed in conjunction with
other General Plan Amendments as part of Environmental Assessment EA-405 and General Plan
Amendment 97 -2.
ENVIRONMENTAL ASSESSMENT
The Draft Initial Study was made available to all local and affected agencies and for public review and
comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project
will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of
Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA). The
Mitigated Negative Declaration was adopted with the General Plan Amendment for Wireless Communications,
which was adopted on June 17, 1997 with Ordinance No. 1272. The Mitigated Negative Declaration is
hereby incorporated into this approval by reference; and
2. That when considering the whole record, there is no evidence that the project will have the potential for an
adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in
a built -out urban environment; and
That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies
a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of
Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental
Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los
Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB
3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is
met and the required notices and fees are filed with the County.
2 1 f75
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council approves EA -403 and Zone Text
Amendment ZTA 96 -3, and adopts changes to the El Segundo Municipal Code as follows:
Section 1. Chapter 20.62, "Wireless Communication Facilities," is hereby added to the El Segundo Municipal
Code to read as follows:
"Chapter 20.62
WIRELESS COMMUNICATION FACILITIES
Sections:
20.62.020
Purpose.
20 62.040
Definitions.
20.62.060
Applicability.
20.62.070
Distances.
20.62.080
Regulations For All Wireless Communication Facilities.
20.62.100
Additional Regulations for Minor Facilities.
20.62.120
Additional Regulations for Major Facilities.
20.62.140
Public Property Facilities.
20.62.160
Coordinated Antenna Plans.
20.62.190
Appeal or Review and Notices.
20.62.200
Reservation of Right to Review Permits.
20.62.220
Facility Removal.
20 62.020 PURPOSE.
The purpose of these requirements and guidelines is to regulate the location and design of 'Wireless
Communication Facilities' as defined herein to protect the public safety, the general welfare, and the
quality of life in the City of El Segundo, and to facilitate the orderly deployment and development of
wireless communications services in the City of El Segundo. The El Segundo City Council has found
and determined that these requirements and guidelines for Wireless Communication Facilities are
necessary to attain such purpose. These regulations are intended to supersede applicable provisions
of the El Segundo Zoning Code pertaining to antenna structures and appurtenant communications
equipment and to establish minimum requirements and flexible guidelines for the governance of
Wireless Communications Facilities, taking into consideration the rapid technological advances and
the proliferation in use of radio communication services.
20.62.040 DEFINITIONS.
For purposes of this Ordinance, the following words, terms, phrases and their derivations shall have
the meanings given herein. The word "shall" is always mandatory and not merely directory.
A. "Accessory structure" means an "accessory structure" as defined in Section 20.08.020 of the
El Segundo Municipal Code.
B. "Antenna structure" means an antenna, any structure designed specifically to support an
antenna, and /or any appurtenances mounted on such structure or antenna.
C. "Collocation" or "collocated" means the location of multiple antennas which are either owned
or operated by more than one service provider at a single location and mounted to a
common supporting structure, wall or building.
D. "Commercial mobile service" means any Mobile Service that (1) is offered in return for
monetary compensation, (2) is available to the public or a substantial portion of the public
and (3) provides subscribers with the ability to access or receive communication from the
3 1275
public switched telephone network. Commercial Mobile Service includes, but is not limited
to, paging service, wireless data transmission, cellular telephone service, specialized mobile
radio service (SMR), and personal communications service (PCS).
E. "Coordinated antenna program" or "CAP" means a coordinated program to pre- approve
multiple locations for proposed and potential future Facilities.
F. `Disguised facility" means any Wireless Communication Facility which is designed to blend
into the surrounding environment, typically one that is architecturally integrated into a building
or other concealing structure.
G. `Fixed wireless service" means any service providing Radio Communication to or from
antenna structures at fixed and specified locations which are not designed to be moved
during operation and which offers the ability to access or receive communication from the
public switched telephone network.
H. "Ground Mounted "means Mounted to a pole, lattice tower or other freestanding structure that
is specifically constructed for the purpose of supporting an antenna.
`Lattice tower" means a tower -like structure used to support antennae, typically with a height
in excess of forty feet (40') and comprised of three or four steel support legs.
J. `Major facility" means a Wireless Communication Facility that is either Ground Mounted or
Roof Mounted; provided that a Roof Mounted facility screened on all four sides by solid
material that is architecturally compatible with the surrounding environment and does not
exceed the maximum height of the applicable zoning district shall be deemed a Minor
Facility.
K. `Microwave communication" means the transmission or reception of Radio Communication
at frequencies of a microwave signal (generally, in the 3GHz to 300GHz frequency
spectrum).
L. `Minor facility" means a Wireless Communication Facility that is either (1) Wall Mounted, (2)
Utility Mounted, or (3) Roof Mounted in such a manner that the entire facility is screened by
solid material on four sides, is architecturally compatible with the surrounding environment,
and does not exceed the maximum height of the applicable zoning district.
M. `Mobile service" means any service providing Radio Communication to or from at least one
antenna that is designed to be moved during operation or used during hafts at unspecified
locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of
Federal Regulations and the Federal Register.
N. `Mounted" means any manner of attachment, support, or connection, whether on ground or
on a structure.
O. `Multipoint distribution service" means a Microwave Communication service that delivers
video programming directly to subscribers, including multichannel multipoint distribution
services, instructional television fixed services, and local multipoint distribution services, or
as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section
1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof
issued by the Federal Communications Commission.
P. `Radio communication" means the transmission and /or reception of impulses, writing, signs,
signals, pictures, and sounds of all kinds through space by means of electromagnetic waves.
4 1275
Q 'Roof Mounted" means a Facility that is Mounted on any structure that is not specifically
constructed for the purpose of supporting antennae, in any manner that does not satisfy the
either the definition of Wall Mounted or Utility Mounted, typically Mounted on the roof of an
existing building.
R. 'Utility Mounted" means a Facility that is Mounted to an existing above - ground structure
specifically designed and originally installed to support electrical power lines, cable television
lines, street lighting, traffic signal equipment, park lighting or a structure on public or private
property deemed by the City to be similar in nature.
S. 'Wall Mounted" means a Facility that is Mounted on any vertical or nearly vertical surface
of a building or other existing structure that is not specifically constructed for the purpose of
supporting an antenna (including without limitation the exterior walls of a building, an existing
parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding
sign) such that the highest point of the Antenna Structure is at an elevation equal to or lower
than the highest point of the surface on which it is mounted.
T. 'Wireless communications facility or `Facility" means an Antenna Structure and any
appurtenant facilities or equipment located within City limits and that is used in connection
with the provision of Wireless Service.
U. 'Wireless service" means any type of wireless service providing Radio Communications that
satisfies the definition of Commercial Mobile Service, Fixed Wireless Service, or Wireless
Video Service.
V. ' Wireless video service" means any service providing Radio Communication which delivers
video programming.
20.62.060 APPLICABILITY.
A. All Facilities which are erected, located, or modified within the City of El Segundo on or
following the effective date of this Ordinance shall comply with this Chapter, subject to the
categorical exemptions under Paragraph 3 of this Section, provided that:
All Facilities for which applications were determined complete by the Planning and
Building Safety Department prior to the effective date of this Ordinance shall be
exempt from the regulations and guidelines of this Chapter;
2. All Facilities for which building permits were issued by the Planning and Building
Safety Department prior to the effective date of this Ordinance shall be exempt from
the regulations and guidelines of this Chapter, unless and until such time as
subparagraph (B) of this Section applies; and,
B. All Facilities for which building permits and any extension thereof have expired shall comply
with the provisions of this Chapter.
C. The following uses shall be exempt from the provisions of this Chapter until such time as
federal regulations are repealed or amended to eliminate the necessity of the exemption:
Any Antenna Structure that is one meter (39.37 inches) or less in diameter and is
designed to receive direct broadcast satellite service, including direct -to -home
satellite service, as defined by Section 207 of the Telecommunications Act of 1996,
Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof
issued by the Federal Communications Commission;
1275
2. Any Antenna Structure that is two meters (78.74 inches) or less in diameter located
in a commercial or industrial zone and is designed to transmit or receive Radio
Communication by Satellite Antenna;
3. Any Antenna Structure that is one meter (39.37 inches) or less in diameter or
diagonal measurement and is designed to receive Multipoint Distribution Service,
provided that no part of the Antenna Structure extends more than twelve feet (12')
above the principal building on the same lot; and,
D. The following uses shall be exempt from the provisions of this Chapter:
1. Any Antenna Structure that is designed and used solely to receive television
broadcast transmission.
2. Any Antenna Structure that is designed and used solely in connection with
authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM"
radio transmission).
20.62.070 DISTANCES.
For the purpose of this Chapter, all distances shall be measured in a straight line without regard to
intervening structures, from the nearest point of the proposed Major Facility to the relevant property
line.
20.62.080 REGULATIONS FOR ALL WIRELESS COMMUNICATION FACILITIES.
A. Application Requirements and Procedures.
1. Each applicant for a permit required by this Chapter shall submit (1) a Site Plan to
the City which includes a description and visual diagram of the location and design
of the proposed Facility; and (2) a completed application for either a Wireless
Communications Facilities Permit ( "WCFP ") or a Conditional Use Permit ( "CUP "), in
accordance with the requirements set forth in Chapters 20.72 (Administrative
Determination) and 20.74 (Variance and Conditional Use Permit) of the City of El
Segundo Municipal Code, and such additional or different requirements as are made
applicable by this Chapter. Any application that is improperly submitted or fails to
contain all of the information as required by this Chapter shall be deemed
incomplete.
Each application shall contain a brief narrative accompanied by written
documentation that explains and demonstrates Applicant's efforts to locate the
facility in accordance with the Screening and Site Selection Guidelines set forth in
Paragraph (3) of this Section.
Each application shall contain a narrative that discloses the exact location and
nature of any and all existing Facilities that are owned, operated or used by the
Applicant and located within five (5) miles from the geographic borders of the City
of El Segundo.
4. Each application shall contain a narrative and appropriate maps that disclose the
geographic area(s) within the City of El Segundo that are proposed to be serviced
by the proposed Facility, the geographic area(s) bordering the City of El Segundo,
if any, that will be serviced by the proposed Facility, the nature of the service to be
provided or purpose of the Facility, the reasons, if any, why the Applicant cannot
locate the Facility outside the City of El Segundo, and the efforts, if any, that
Applicant has made to locate the Facility outside the City of El Segundo.
6 1227 5
5. Notwithstanding any permit that may be granted in accordance with this Chapter, the
Facility shall be erected, located, operated and maintained at all times in compliance
with this Chapter and all applicable laws, regulations and requirements of the
Building Code, and every other code and regulation imposed or enforced by the City
of El Segundo, the State of California, and the United States Federal Government.
Applicants are separately required to obtain all applicable building and construction
permits that may be required prior to erecting or installing the Facility.
B. Development Requirements. The Facility shall comply with each of the following
requirements:
The Facility shall not bear any signs or advertising devices other than certification,
public safety, warning, or other required seals or required signage.
2. Any and all accessory equipment, or other equipment associated with the operation
of the Facility, including but not limited to transmission cables, shall be located within
a building, enclosure, or underground vault in a manner that complies with the
development standards of the zoning district in which such equipment is located.
In addition, if equipment is located above ground, it shall be visually compatible with
the surrounding buildings and either (1) shrouded by sufficient landscaping to screen
the equipment from view, or (2) designed to match the architecture of adjacent
buildings. If no recent and /or reasonable architectural theme is present, the Director
of Planning and Building Safety may require a particular design that is deemed by
the Director to be suitable to the subject location.
3 The Facility exterior shall be comprised of non - reflective material(s) and painted or
camouflaged to blend with surrounding materials and colors.
4. Any and all screening used in connection with a Wall Mounted and /or Roof Mounted
Facility shall be compatible with the architecture, color, texture and materials of the
building or other structure to which it is Mounted.
C. Setback Requirements and Guidelines. The Facility shall be considered an Accessory
Structure. If the Facility is located in a residential zone or within two hundred (200) feet of
a residential use, then the Facility shall comply with the setback requirements for such zone.
In all other instances, the extent of compliance with the setback requirements for the zone
in which the Facility is located shall be considered, in accordance with the following
guidelines, by the City in connection with its processing of any Facility permit.
D. Screening and Site Selection Guidelines. In addition to the above requirements the following
guidelines shall be considered by the City in connection with its processing of any Facility
permit.
The extent to which the proposed Facility blends into the surrounding environment
or is architecturally integrated into a concealing structure, taking into consideration
alternate sites that are available.
2. The extent to which the proposed Facility is screened or camouflaged by existing or
proposed new topography, vegetation, buildings, or other structures.
3. The total size of the proposed Facility, particularly in relation to surrounding and
supporting structures.
4. The location of the proposed Facility and the extent to which it conforms to the
following in order of preference (Item a being the most preferred):
127 5
a. Collocated with an existing Facility or located at a pre- approved location.
b. Attached to an existing structure such as an existing building,
communication tower, church steeple or utility.
C. Located in an industrial zoning district.
d. Located in a commercial zoning district.
The availability of suitable alternative locations for the Facility.
20.62.100 ADDITIONAL REGULATIONS FOR MINOR FACILITIES.
The following requirements shall apply in addition to the requirements of Section 20.62.080.
A. Requirement for Wireless Communications Facilities Permit ( "WCFP "). Subject to
Subparagraphs B. and C. of this Section, each Minor Facility that is not specifically exempt
under Section 20.62.060 of this Chapter must first obtain administrative approval of a WCFP
in accordance with Chapter 20.72, Administrative Determinations and any additional or
different requirements made applicable by this Chapter. If the Director of Planning and
Building Safety denies an application for a WCFP, (s)he shall make a written determination
supported by findings that the proposed Facility would cause significant negative impacts on
the public safety or welfare.
B. Residential Zones Require Conditional Use Permit. A Minor Facility shall not be located
within a residential zone in the City of El Segundo unless such Facility receives Planning
Commission approval of a Conditional Use Permit.
C. Height Requirements. Notwithstanding any other provision in the El Segundo Municipal
Code, no Minor Facility, except Utility Mounted facilities, shall exceed the maximum building
height for the applicable zoning district unless such Facility receives Planning Commission
approval of a Conditional Use Permit, which permit shall not be considered for approval
unless:
(1) the applicant demonstrates to the City's satisfaction that exceeding the height
limitation is reasonably necessary for operation of the facility; or
(2) the Facility is collocated and the height in excess of zoning requirements is
reasonably necessary to the proposed shared use.
D. Vertical Extension - Utility Mounted Facilities - A Utility Mounted Facility may, if approved by
the Director of Planning and Building Safety or Planning Commission, as appropriate, exceed
the maximum building height limit for the applicable zoning district. The extent that the Utility
Mounted Facility increases the height of the existing utility pole or structure, and the need
for such height increase, shall be additional considerations taken into account by the City in
connection with its processing of any permit for a Utility Mounted Facility. A Utility Mounted
Facility shall not increase the height of a utility pole or structure by more than four (4) feet
of its existing height unless such facility receives Planning Commission approval of a
Conditional Use Permit.
E. Horizontal Extension - Utility Mounted Facilities - The extent that the Utility Mounted Facility
protrudes or extends horizontally from the existing utility pole or structure, and the need for
such extension, shall be additional considerations taken into account by the City in
connection with its processing of any permit for a Utility Mounted Facility. A Utility Mounted
Facility may not protrude or extend horizontally more than eighteen (18) inches from the
8
1 �? 5
existing utility pole or structure unless such Utility Mounted Facility receives Planning
Commission approval of a Conditional Use Permit.
20.62.120 ADDITIONAL REGULATIONS FOR MAJOR FACILITIES.
The following requirements shall apply in addition to the requirements of Section 20.62.080.
A. Requirement for Conditional Use Permit. Each Major Facility that is not specifically
exempt under Section 20.62.060 of this Chapter must first obtain Planning
Commission approval of a Conditional Use Permit in accordance with Chapter 20.74,
Variance and Conditional Use Permit, and any additional or different requirements
made applicable by this Chapter. If the Planning Commission denies any application
for a Conditional Use Permit, it shall make a written determination supported by
findings that the proposed Facility would cause significant negative impacts on the
public safety or welfare.
B. Location Requirements.
Lattice Towers shall not be located in (1) any part of Zones C -RS or C -2, (2) any
area zoned for residential use, or (3) any part of Zone C -3 located west of
Sepulveda Blvd. Lattice Towers may be permitted in all other Zones; provided,
however, that they shall not be located within one hundred (100) feet of any property
containing a residential structure.
2. No portion or extension of a Major Facility shall protrude beyond property lines or
extend into any portion of property where such facility is not itself permitted;
provided, however, that the City may approve the location of guy wires in a required
setback if such approval is consistent with the guidelines and requirements set forth
in this chapter.
3. A Ground Mounted Facility shall not be located in a required parking area, vehicle
maneuvering area, vehicle/ pedestrian circulation area or area of landscaping such
that it interferes with, or in any way impairs, the utility or intended function of such
area.
C. Additional Desiqn Requirements.
A Ground Mounted Facility shall be secured from access by the general public with
a fence of a type and design approved by either the Director of Planning and
Building Safety or the Planning Commission.
2. A Ground Mounted Facility shall be covered with a clear anti - graffiti material of a
type approved by the Director of Planning and Building Safety. The City may grant
an exception to this requirement if the applicant demonstrates to the satisfaction of
the City that there is adequate security around the Facility to prevent graffiti.
D. Height Requirements. Notwithstanding any other provision in the El Segundo Municipal
Code, no Major Facility shall exceed the maximum building height for the applicable zoning
district unless such facility receives Planning Commission approval of a Conditional Use
Permit, which permit shall not be considered for approval unless:
(1) the applicant demonstrates to the City's satisfaction that exceeding the height
limitation is reasonably necessary for operation of the facility; or
(2) the Facility is collocated and the height in excess of zoning requirements is
reasonably necessary to the proposed shared use.
1 �� 5
E Additional Screenin4 and Site Selection Guidelines. In addition to the above requirements,
the following guidelines shall be considered by the City in connection with its processing of
any facility permit.
A Major Facility should not be located within two hundred (200) feet of any property
containing a residential use.
2. A Major Facility should be located at least five hundred (500) feet from the nearest
existing, legally established Major Facility (except in the event that such Facility is
Collocated).
A Ground Mounted Facility should be located in close proximity to existing above
ground utilities, such as electrical tower or utility poles (not scheduled for removal
or undergrounding in the next eighteen (18) months), light poles, trees of comparable
height, water tanks and other areas where the Facility will not detract from the image
or appearance of the City.
4. A Roof Mounted Facility that extends above the existing parapet of the building on
which it is Mounted should be screened by a material and in a manner that is
compatible with the existing design and architecture of the building.
5. A Roof Mounted Facility, and any guy wires, supporting structures and accessory
equipment should be located and designed so as to minimize the visual impact as
viewed from surrounding properties and public streets.
6. No part of a Ground Mounted Facility should be located in any required setback.
20.62.140 PUBLIC PROPERTY FACILITIES.
A. Pre - Approved Locations.
The City will approve by Resolution, following a duly noticed public hearing, a list of
sites which may be located on public property or within the public right -of -way and
which are approved for Major Facilities. Each site shall include a description of
permissible development and design characteristics, including but not limited to
maximum height requirements. The City shall make said Resolution available to all
persons upon request. The approved list of locations may be subsequently
amended by Resolution from time to time.
2. All Facilities located on a public property site which is pre- approved in accordance
with subparagraph B.1. of this Section following the effective date of this Ordinance
must obtain administrative approval of a WCFP in accordance with Chapter 20.72,
Administrative Determinations, and any additional or different requirements made
applicable by this Chapter.
3. All leases of public property which are preapproved in accordance with
subparagraph B.1. of this Section shall be non - exclusive. The operator of a Facility
located on such public property shall make the supporting structure of the Facility
available to any other Applicant wishing to collocate to the extent technically
feasible.
B. Requirement for Separate Lease Agreement. Any lease of City-owned property for the
purpose of erecting a Wireless Communications Facility shall require a negotiated lease
agreement or other written license granted by the City of El Segundo. The existence of a
10 12' 5
lease agreement or license shall not relieve Applicant of any obligations to obtain appropriate
permits as required by the El Segundo Municipal Code.
20.62.160 COORDINATED ANTENNA PLANS.
A. Requirements. Any Wireless Service provider may apply for Planning Commission approval
of a Coordinated Antenna Plan (CAP) to obtain pre - approval for the use of proposed and
potential future locations for Facilities, subject to the following requirements:
The CAP shall specify permissible development and design characteristics for
identified future locations, including but not limited to maximum height and size, type
of supporting structure, and type of antenna.
The CAP shall identify potential future locations by lot and parcel number.
Applications for a CAP may be considered by the Planning Commission after holding
a noticed public hearing thereon in accordance with Section Chapter 20.90,
Procedures for Hearings, Notices and fees.
4. Following Planning Commission approval of a CAP, each Facility that complies with
the specifications of the CAP may be approved subject to an administrative WCFP
in accordance with the requirements set forth and referenced herein. Except for the
type of permit, nothing in this Section shall relieve the Applicant of the obligation to
comply with the Regulations, Requirements, and Guidelines as required by this
Chapter, and the Director of Planning and Building Safety may deny a WCFP, or
place conditions upon its approval, notwithstanding prior approval of a CAP.
5. Any conditions placed on the approval of a WCFP for a Facility which complies with
the CAP shall not be inconsistent with the specifications of the CAP.
6. The CAP shall not vest any permanent rights to use the pre- approved locations for
Facilities beyond the date of expiration. Unless extended, the CAP shall expire
twenty-four (24) months following its approval by the Planning Commission
regardless of whether any WCFP has been granted pursuant to the CAP. The
Planning Commission may at its discretion, after written request therefor, extend the
term of the CAP for up to twenty four (24) additional months; no CAP shall continue
longer than forty-eight (48) months.
B. Findings. The Planning Commission shall approve a CAP based upon the following findings:
The intent and purpose of this Chapter, and all its Regulations and Requirements
will be preserved.
2. Any future Facility complying with the specifications imposed by the CAP will not
have a significant adverse impact on the subject site or surrounding community
beyond those impacts considered in the approval of the CAP.
3. Any future Facilities within the specifications of the CAP will be consistent with the
General Plan and the uses permitted in the Zoning Code, subject to subsequent
approval of a WCFP.
B. Application Procedures. Each applicant for a CAP shall submit the following information:
Written application on a form prescribed by the Planning and Building Safety
Department;
11 12-75
2. A map clearly indicating the following information:
a. Lot and parcel dimensions for proposed locations;
b. Location, size, height and use of all existing buildings and structures on the
proposed location and abutting properties;
C. Location, height, and description of all existing above - ground utility facilities
on the proposed location and abutting properties;
d. Location, size, and dimensions of all existing yards, setbacks, landscape
areas, parking, walls, fences, and spaces between structures on the
proposed location and abutting properties.
Any other information as may be required by the Planning and Building
Safety Department.
Written statement indicating for each location (1) the proposed maximum height of
the Facility; (2) the anticipated type of Antenna Structure; (3) any anticipated
accessory equipment to be located on the site; (4) proposed screening materials, if
any, in general terms; and (5) willingness to collocate on the proposed location.
4. All applicable permit processing fees as established by Resolution. An additional
permit fee for each proposed Facility shall be submitted with each subsequent
application for a WCFP, and with each request for modification of a permit.
D. Modification Procedures. Subsequent approval of a WCFP for a Major Facility subject to a
CAP requires strict compliance with the specifications of the CAP (in addition to any
additional conditions of the WCFP); provided, however, that the Director of Planning and
Building Safety may approve a Minor Modification of the CAP concurrent with an application
for a WCFP. For the purposes of this Section, a Minor Modification shall include any
adjustment to the approved specifications of the CAP which (a) does not increase the height
of the Facility by more five percent (5 %) from the approved maximum height, (b) does not
move the location of the Facility closer to any approved location, (c) does not move the
location of the Facility within two hundred (200) feet of a residential property or school
facility, and (d) does not otherwise significantly increase the adverse impacts upon the
subject site or surrounding community.
20.62.180 APPEAL OR REVIEW AND NOTICES.
Any Applicant or the operator and /or owner of a facility may appeal a final decision of the Director
of Planning and Building Safety or Planning Commission. All appeals shall be processed as provided
by Chapter 20.82, ( Appeal or Review) and Chapter 20.90 (Procedures for Hearings, Notices and
Fees).
20.62.200 RESERVATION OF RIGHT TO REVIEW PERMITS.
A. Changed Circumstance. Any Conditional Use Permit or WCFP granted or approved
pursuant to this Chapter shall be granted or approved by the City and its Planning
Commission with the reservation of the right and jurisdiction to review and modify the permit
(including the conditions of approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the following in relation to the approved facility
as described and diagramed in the related Site Plan: increased height or size of the facility;
additional impairment of the views from surrounding properties; change in the type of
antenna or supporting structure; changed color or materials; substantial change in location
12 1 2r 5
on the site; and an effective increase in signal output above or near the Maximum
Permissible Exposure (MPE) limits imposed by the Revised Radio frequency Emissions
Guidelines by the Federal Communications Commission.
B. Additional Right to Revoke for Violation. The reservation of right to review any permit
granted or approved hereunder by the City, its Planning Commission and /or City Council is
in addition to, and not in lieu of, the right of the City, its Planning Commission and /or City
Council to review and revoke or modify any permit granted or approved hereunder for any
violations of the conditions imposed on such permit.
C. Modification of Permit/ Collocation. Upon review, any changed circumstance as determined
by the Director of Planning and Building Safety shall require the application and approval of
a modification to the original WCFP or Conditional Use Permit, provided that any modification
to accommodate collocated facilities may be approved administratively without the approval
of the Planning Commission.
20.62.220 FACILITY REMOVAL.
A. Discontinued Use. The operator of a lawfully erected Facility, and the owner of the premises
upon which it is located, shall promptly notify the Director of Planning and Building Safety
in writing in the event that use of the Facility is discontinued for any reason. In the event
that discontinued use is permanent, then the owner(s) and /or operator(s) shall promptly
remove the Facility, repair any damage to the premises caused by such removal, and restore
the premises as appropriate such as to be in conformance with applicable zoning codes.
All such removal, repair and restoration shall be completed within ninety (90) days after the
use is discontinued, and shall be performed in accordance with all applicable health and
safety requirements. For purposes of this paragraph, a discontinued use shall be permanent
unless the Facility is reasonably likely to be operative and used within the immediately
following three -month period.
B. Abandonment. A Facility that is inoperative or unused for a period of six (6) continuous
months shall be deemed abandoned. Written notice of the City's determination of
abandonment shall be provided to the operator of the Facility and the owner(s) of the
premises upon which the Facility is located. Such notice may be delivered in person, or
mailed to the address(es) stated on the Facility permit application, and shall be deemed
given at the time delivered or placed in the mail. A written notice of the City's determination
of abandonment shall be mailed or delivered to the operator of the Facility at the address
stated in the relevant permit application.
C. Removal of Abandoned Facility or Hearing. The operator of the Facility and the owner(s)
of the property on which it is located, shall within thirty (30) days after notice of abandonment
is given either (1) remove the facility and restore the premises, or (2) provide the Planning
and Building Safety Department with written objection to the City's determination of
abandonment and request for hearing before the Director of Planning and Building Safety
in accordance with the procedures in Chapter 20.90 (Procedures for Hearings, Notices and
Fees) of the City of El Segundo Municipal Code. If a written objection is timely received and
a hearing is properly requested, the procedures for hearings, notices and related fees set
forth in Chapter 20.90 of the City of El Segundo Municipal Code shall apply. The operator
and /or owner shall be given the opportunity to provide evidence that the Facility was in use
during the relevant six (6) month period and that it is presently operational. The operator
and /or owner shall be given the opportunity to cross - examine any evidence provided by the
City to the contrary. The Director of Planning and Building Safety shall review all evidence,
determine whether or not the Facility was properly deemed abandoned, and provide the
operator notice of its determination.
13
1.2 5
D. Removal by City. The City may remove the abandoned Facility, repair any and all damage
to the premises caused by such removal, and otherwise restore the premises as is
appropriate to be in compliance with applicable code at any time: 1) after thirty (30) days
following the notice of abandonment, or 2) following a notice of decision by the Director of
Planning and Building Safety, if applicable, subject to the owner /operator's right of appeal
under Chapter 20.82 (Appeal or Review) of the El Segundo Municipal Code. The City may,
but shall not be required to, store the removed Facility (or any part thereof). The owner of
the premises upon which the abandoned Facility was located, and all prior operators of the
Facility, shall be jointly liable for the entire cost of such removal, repair, restoration and
storage, and shall remit payment to the City promptly after demand therefore is made. The
City may, in lieu of storing the removed Facility, convert it to the City's use, sell it, or dispose
of it in any manner deemed by the City to be appropriate.
E. Penalties. The operator of the Facility, and the owners of the premises upon which it is
located shall be in violation of this Chapter for failure to timely comply with any requirements
hereunder. Each such person shall be subject to penalties for each such violation, pursuant
to Chapter 90.98 (Penalties) of the City of El Segundo Municipal Code.
F. City Lien on Property. Until the cost of removal, repair, restoration and storage is paid in full,
a lien shall be placed on the abandoned personal property and any real property on which
the Facility was located, for the full amount of the cost of removal, repair, restoration and
storage. The Director of Planning and Building Safety shall cause the lien to be recorded
in the County of Los Angeles Recorder's Office.
Section 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
Section 9. The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same
to be entered in the book of original Ordinances of the City; shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council at which the same is passed and adopted; and shall within
fifteen (15) days after the passage or adoption thereof cause the same to be published or posted in accordance with
the law.
PASSED, APPROVED AND ADOPTED this 19th day of August , 1997.
ATTESTED:
�z
teindf Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
4r Mark Hensley, City Attor y
Sandra Jacobs, or
of the City of EI undo, California
EA403 -2.ord
14
1 << 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1275 is a full, true correct original
of ORDINANCE NO. 1275 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT EA -403 AND ZONE TEXT AMENDMENT ZTA 96 -3
REGULATING WIRELESS COMMUNICATION FACILITIES. PETITIONED
BY THE CITY OF EL SEGUNDO.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 19th DAY OF -Auclust, 1997, and the same was so
passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
NOT PARTICIPATING: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1275
was posted and /or published in the manner prescribed by law.
Cl " /�46 � "�e: ?"�
DY MORTESEN
City Clerk of the
City of El Segundo, California
(SEAL)
1 2'' 5