Under the direction of the City Council, the L.A. City Attorney’s office has drafted an ordinance that, if passed, would amend the city’s municipal code and impose stricter requirements for the placement of telecommunication towers and equipment.
The proposed draft amendment, filed on June 27, aims to change language in the City’s current Above Ground Facilities (AGF) ordinance, which regulates such facilities in the public right of way. If passed, cell-phone companies would need to get a permit from the Bureau of Engineering for all AGF installations on public property, including streets, sidewalks and parkways.
Locally, numerous neighbors and the Pacific Palisades Community Council have expressed opposition to plans for a 40-ft. cell-tower pole at 302 Mount Holyoke, which is adjacent to a popular scenic overlook for residents and visitors alike along Via de las Olas. If passed, proposed installations like these would be regulated under the amended AGF ordinance.
Last Thursday, the Community Council voted unanimously to approve the drafted amendment but with added proposed revisions, such as expanding the reach of the current notice to adjoining neighbors from 250 feet to 500 feet in all directions, on-site posting of notices and other changes.
“I am not thrilled with this drafted amendment, but it’s better than what we already have,” said PPCC Vice President Chris Spitz. “Many [municipalities have ordinances that] are way more intensive than what the City Attorney drafted.”
Other recommended revisions by the PPCC include modifying the section of the drafted amendment that deals with the approval of pole designs by the Cultural Affairs Commission. The new language would require the Commission to apply the “least-intrusive-means standard” in design decisions and “provide a meaningful opportunity for community input into the designs under consideration, including holding at least one hearing for community groups to provide input.”
“The Cultural Affairs Commission shall give advance written notice to all potentially affected neighborhood councils, community councils, homeowners’ associations and residents’ associations (“community groups”) and to the relevant Council District Offices,” read the PPCC revisions.
The PPCC is also seeking to add Community Council “to all notice provisions contained in the proposed ordinance along with HOAs and residents’ associations, as entities entitled to receive notice of the AGF application.”
Significantly, the PPCC also wants to require the applicant (i.e., Sprint, T-Mobile, AT&T) to prove a significant coverage gap exists before being issued a permit. Currently in L.A., the City has to prove that a gap doesn’t exist in order to deny a telecommunication company’s application, placing the burden of proof and expense upon the City. This new language would place the burden of proof on the applicant and would require them to pay for the related expenses, such as hiring an engineer.
These revisions, which will also include increased public safety requirements, will be filed with the City Council, appropriate Council Committees and City “officials in due course,” according to the PPCC.
Ultimately, it will be the City Council’s decision whether any of the PPCC’s revisions make the final cut of the City Attorney’s draft amendments.
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