The purpose and intent of this Article is to provide uniform and comprehensive standards for the development of wireless communications facilities while minimizing the aesthetic impacts through the use of carefully chosen location and design criteria. The regulations and guidelines contained herein are designed to protect and promote public health, safety, general welfare, and aesthetic qualities within the community.

More specifically, the regulations contained herein are intended to:

(A)

Encourage the location of antennas in non-residential areas;

(B)

Strongly encourage collocation at new and existing antenna sites; and

(C)

Encourage telecom facilities to be located in areas where adverse impacts to the community and on public views are minimized.

The provisions of this Article are not intended and must not be interpreted to prohibit or to have the effect of prohibiting wireless communications facilities. This Article must not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless communications services.

(Ord. No. 708, pt. 1, 9-17-07)

Accessory equipment shall mean any equipment building, shelter, or cabinet serving or being used in conjunction with a wireless communications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, and shelters or other structures associated with the operation of a wireless communications facility or support structure.

Amateur radio service shall mean a noncommercial, two-way radio communications service operated by licensed amateurs using shared frequencies.

Antenna or antenna structure shall mean any structure or device used to transmit or receive radio or electromagnetic waves between terrestrially or satellite-based systems and includes, but is not limited to parabolic, panel, rectangular, directional, omni-directional, whip, and microwave antennas.

Camouflage shall mean technologies and/or techniques applied to any wireless communications facility designed to camouflage or blend the facility with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures.

Carrier shall mean a commercial company that is engaged in the provision of communications services.

Collocation facility means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, an existing wireless communication facility.

Enhanced 911 emergency calling systems (E911) shall mean a service which allows public safety personnel, including police and fire departments, to automatically identify the phone number and location of a person making an emergency call from a mobile source.

Facade-mounted antenna shall mean any antenna directly mounted to the fascia or sidewall of a building that is camouflage-designed to blend into the architectural design of the wall. The building must serve a primary use other than as a site for a wireless communications facility.

Facility shall mean a communications facility that transmits and/or receives electromagnetic signals which include, but is not limited to: the combination of antennas, transmitters, masts, cabinets, and equipment rooms; communications towers, monopoles, or similar structures supporting said equipment; screening devices including walls and landscaping; and parking area and other accessory development.

Federal Communication Commission (FCC) shall mean the governmental agency responsible for regulating wireless communications in the United States.

Ground-mounted facility shall mean any wireless communications facility in which the antennas are located on a freestanding pole or structure, other than a building, attached to the ground. These antennas do not use a building or ancillary structure(s) for mounting purposes.

Height shall mean the distance measured from the natural grade below the center of the base of the structure to the top of the structure itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

Institutional and public land uses shall mean the use of land developed or to be developed with any of the following or similar public buildings or uses owned by a public or nonprofit agency: office, libraries, playgrounds, parks, assembly halls, police stations, fire station, religious facilities, schools, hospitals or rest homes.

Major wireless communications facility shall mean a facility that is ground-mounted, or is wall-mounted, utility-mounted, or roof-mounted. Any facility located within a residential zone is considered a major wireless communications facility.

Minor wireless communications facility shall mean a wall-, utility-, building-mounted, or collocated facility that is camouflaged. Enhanced 911 emergency calling systems (E911) required by the Federal Communications Commission are considered minor wireless communications facilities if they are camouflaged and blend into the design of an existing building-mounted or freestanding facility.

Monopole shall mean a single, freestanding pole-type structure supporting one (1) or more antennas.

Noncamouflage shall mean any facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of camouflage technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered noncamouflage.

Roof-mounted antenna shall mean any antenna that is directly attached or affixed to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the rooftop of a building.

Personal communications services (PCS) shall mean a two-way voice and digital wireless communications system. PCS encompasses cordless phones, cellular mobile phone paging systems, personal communications networks, wireless office phone systems and any other wireless communications systems that allow people to place and receive voice/data calls while away from home and office.

Support structure shall mean any structure that is used to support one (1) or more antennas for communications purposes, including. without limitation, self-supporting towers, monopoles, monotrees, or any other structural means used to camouflage and support the communications facility.

Tower shall mean any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopoles. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Utility-mounted antenna shall mean any antenna mounted to an existing above-ground structure specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, or traffic signal equipment.

Wireless communications facility means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

Wireless communications collocation facility means a wireless telecommunications facility that includes collocation facilities.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 748, § 2(pt. 23), 1-17-12)

The procedures and rules set forth in this Article are applicable to all wireless communication facilities. The following are allowed in all zones and exempt from permit requirements, provided they meet all other zoning regulations and the requirements set forth:

(A)

Over-the-air reception devices.

1.

A "dish" antenna that is one (1) meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

2.

An antenna that is one (1) meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

3.

An antenna that is designed to receive local television and radio broadcast signals with a mast height less than twelve (12) feet above the roofline. Masts higher than twelve (12) feet above the roofline are subject to approval by the community development director. Further, masts that extend beyond an exclusive use area are not permitted.

(B)

Public safety facilities, used only for public safety functions, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.

(C)

Wireless communications facilities accessory to other publicly owned or operated equipment for data acquisition such as traffic signal controls.

(D)

Wireless communications facilities erected and operated for emergency situations, as designated by the community development director, so long as the facility is removed at the conclusion of the emergency.

(Ord. No. 708, pt. 1, 9-17-07)

(A)

Including those facilities erected prior to this Article, no major wireless communications facility may be constructed, replaced, or modified without first obtaining, or modifying an existing major wireless communications facility permit.

(B)

Major wireless communication facility permit applications shall be subject to review and approval by the planning commission. In considering applications for major wireless communications facilities, the planning commission shall be guided by the provisions within this Article. The decision of the planning commission shall be final unless a written appeal is filed pursuant to Article 70 (Zoning Ordinance Administration) of the Lomita Municipal Code.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

Including those facilities erected prior to this Article, no minor wireless communications facility may be constructed, replaced, or modified without first obtaining, or modifying an existing minor wireless communications facility permit.

(A)

Minor wireless communications facility permit applications shall be subject to administrative review and approval by the community development director. In considering applications for minor wireless communications facility permits, the community development director shall be guided by the provisions of this Article.

(B)

Collocation facilities shall incorporate any mitigation measures adopted with the original site approval in compliance with the California Environmental Quality Act, division 13, commencing with section 21000 of the Public Resources Code. The requirements of Public Resources Code § 21166 do not apply.

(C)

The community development director shall render a decision in writing, with findings and conditions, subsequent to receipt of a complete application. The community development director's decision shall be final unless a written appeal is filed pursuant to Article 70 (Zoning Ordinance Administration).

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

The following information shall be provided concurrently with any wireless communications facility permit application. The community development director may hire a third-party independent engineer to evaluate any technical aspect of the application. The applicant shall be responsible for paying all costs associated with this analysis.

(A)

Site plan, floor plans, and elevations. A minimum of thirteen (13) sets of scaled architectural drawings, folded to eight and one-half (8½) inches × eleven (11) inches shall be required with each application. One (1) reduced set of plans, reduced to eight and one-half ( 8½) inches × eleven (11) inches shall also be required.

(B)

Landscape and irrigation plan (if required). A landscape and irrigation plan, drawn to scale, indicating size, spacing and type of plantings required. The plan should detail how the proposed landscaping meets the visual impact standards of this Article.

(C)

Easements. All easements shall be shown on the final plans and recorded with the county clerk.

(D)

Visual Simulation(s). Visual simulation(s) showing "before" and "after" views of the proposed facility. Consideration shall be given to views from both public areas and private residences. Simulations shall include proposed color and finish treatments of structures under consideration.

(E)

Federal Communication Commission (FCC) coordination. Statements regarding the application's compliance with the regulations of the FCC, or a statement from the applicant that compliance is not necessary, and the reasons therefore.

(F)

Monopole structural certification. Proposed monopoles shall be certified by a professional structural engineer licensed in the state to meet any structural standards for steel antenna towers and structures set in the electronic industries association/telecommunications industries association standards referenced as EIA/TIA-222-E and as amended.

(G)

Security plan. A security plan which includes emergency contact information and procedures, main breaker switch location, and any other information as required by this Article and/or the community development director.

(H)

Maintenance program. A description of the anticipated maintenance program.

(I)

Supporting materials. Additional supporting materials necessary to establish compliance with the Article.

(J)

Wireless communications permit fee. The required major or minor wireless communications permit fee shall be provided at the time of application submittal. Costs for outside consultant reviews may be required by the community development director in accordance with section 11-1.69.10.

(K)

[Grounds for revocation.] Any fraudulent, false or misleading information submitted to the City by the applicant in connection with an approved application is grounds for revocation of the permit at any time by the city.

(Ord. No. 708, pt. 1, 9-17-07)

If a tower exceeds the height limit in the requested zone, the director of the community development department may require the applicant to fly a four-foot-diameter brightly colored balloon at the location and maximum elevation of any proposed tower or freestanding structure. If a balloon test is required, the following procedure shall apply:

(A)

Advertise the date, time, and location of this balloon test at least seven (7) days in advance of the test in a newspaper with a general circulation in the city.

(B)

The applicant shall inform the director of the community development department in writing, of the date, time and location of the test, at least fifteen (15) days in advance of the test.

(C)

The balloon shall be flown for at least eight (8) consecutive daylight hours on two (2) days. If visibility and weather conditions are inadequate for observers to be able to clearly see the balloon test, further tests may be required by the city.

(Ord. No. 708, pt. 1, 9-17-07)

All wireless communication facilities regulated under this Article shall comply with the following design standards:

(A)

Setbacks.

1.

No wireless communication facility shall be located within or extend into the required setbacks established in the applicable zone. The planning commission may reduce required setbacks from property lines for wireless communications facilities upon determination that aesthetic impacts would be reduced or open space improved. However, in no instance shall the facility (including antennas and equipment) be located closer than five (5) feet to any property line.

2.

Antennas exceeding the height limit of the zoning district may have additional setback requirements as determined by the planning commission.

(B)

Monopole or towers.

1.

Monopoles and towers shall be located and designed to minimize visual impacts. Towers in highly visible locations must incorporate camouflage design techniques to conceal the tower to the maximum extent feasible. This may include art, sculpture, clock tower, flag pole, tree or any other appropriate and compatible visual form.

2.

Monopoles and towers shall be located on the rear half of the parcel, unless the planning commission determines that there is less of an aesthetic impact, or better health and public safety is achieved through an alternative location.

3.

Monopoles and towers shall not be permitted within three hundred (300) feet of an existing tower. The planning commission may modify this standard where it finds that cumulative visual impacts are not significant, and/or that the monopole or tower is necessary to provide services not possible through collocation on an existing tower or structure in the service area. The community development director may require an independent study, at the applicant's expense, for the basis for making such findings.

4.

Monopole structures shall not exceed four (4) feet in diameter unless the planning commission determines that a larger diameter is necessary to attain the proposed height and that the proposed height is necessary.

5.

Monopoles shall be of tapered design (e.g., three-foot base to one-half-foot top) with no climbing spikes.

(C)

Facade-mounted antennas.

1.

The lowest part of the antenna(s) shall be a minimum of sixteen (16) feet above grade.

2.

The antenna(s) and mountings shall not project more than twenty-four (24) inches from the building surface to which it is mounted.

3.

Antennas, connections, and supports shall be treated to match the texture and color scheme of the building, or as approved by the planning commission.

4.

Antennas and connections shall not project above the building facade.

5.

Accessory equipment shall be fully concealed from public view as provided in section 11-1.69.10(i).

(D)

Roof-mounted antennas.

1.

Roof-mounted antennas shall be located at the greatest feasible distance from the edge of the building.

2.

The antenna(s) and related equipment shall be fully screened from view or architecturally integrated into the building design.

3.

Roof mounted antennas and equipment facilities shall not extend more than ten (10) feet above the highest point of the roof top, as measured from immediately adjacent to the rooftop surface where the wireless antenna structures and associated equipment cabinets are located.

(E)

Height.

1.

Wireless communications facilities shall be limited to the maximum building height for the applicable zoning district, unless otherwise approved by the planning commission through the issuance of a major wireless facilities permit, and subject to the requirements in section 11-1.69.11 (Exceptions) of this Article.

2.

The height of a monopole, tower or other support structure shall be measured from the natural grade below the center of the base of the structure to the top of the structure itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

(F)

Visual impact. The wireless communications facility shall be designed to have the least possible visual impact on the environment, taking into consideration technical, engineering, economic and other pertinent factors. Antennas clustered at the same site shall be of the same general design.

(G)

Camouflage design and screening of support equipment required. All accessory support equipment shall be screened by either placing it inside or integrating it into a primary structure, concealing it behind solid walls, and/or combining landscaping with architectural screening. The camouflage design shall utilize the architecture, color, texture and materials of other structures on the subject property or the structure to which it is mounted, and must appear to be an integral part of the adjacent building(s) and/or landscaping.

(H)

Landscaping.

1.

Where appropriate, any ground mounted facility or equipment shall use landscaping to reduce the visual impacts of the wireless communications facility.

2.

Existing landscaping in the vicinity of a wireless communications facility shall be protected from damage during and after the facility's construction. Where applicable, the applicant for a new wireless communications facility shall submit a tree protection plan to ensure compliance with this requirement.

3.

An automatic irrigation system shall be provided for all existing and proposed on-site and off-site landscaping.

4.

All existing and proposed on-site and off-site landscaping shall be maintained in a healthy condition.

5.

For monopoles, a perimeter landscaped buffer area(s) shall include at least one (1) row of trees or shrubs, not less than four feet in height at the time of planting.

(I)

Wiring. All electrical and equipment wiring shall be placed underground or concealed within the building or structure in which the facility shall be mounted.

(J)

Lighting. All wireless communications facilities, except exempt facilities, shall be unlit. A manually operated or motion-detector-controlled light above the equipment door may be used for maintenance purposes, or as required as a public-safety measure. All lighting must be provided in a manner designed to minimize glare and light overflow onto neighboring properties. This requirement is not intended to address interior structure lighting.

(K)

Maintenance. Backup generators shall only be operated during power outages and for testing and maintenance purposes on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

(L)

Signs. A sign shall be visibly posted at the facility, stating twenty-four-hour emergency contact information, including name and address, for a representative of the service provider. All other signs or graphics all prohibited, except for those relating to public health and safety.

(M)

Utility-mounted facilities. A utility-mounted facility shall not extend horizontally more than thirty-six (36) inches from the existing utility pole or structure unless required by the California Public Utilities Commission or the utility pole owner.

(N)

Security fence/gate. A ground-mounted facility shall be secured from access by the general public with a fence, bollard or similar structure approved by the community development director. All fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area. Security features shall be designed to resist graffiti, vandalism, and to facilitate easy removal of graffiti. Chain link, barbed wire, and concertina wire are prohibited.

(Ord. No. 708, pt. 1, 9-17-07)

The design standards for setbacks and height listed in section 11-1.69.10 may be modified by not more than thirty (30) percent by the planning commission on approval of a major wireless facilities permit and if at least one of the following findings is made based on evidence submitted by the applicant:

(A)

Existing natural geographic conditions preclude an obstruction-free reception area and there is no other option, including relocation, available.

(B)

Relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility.

(C)

The antenna height must be increased in order to accommodate the establishment of a collocation facility and there is no other option available.

(D)

Visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment.

Independent review of the request, at the expense of the applicant, may be required by the community development director to substantiate the evidence submitted by the applicant.

(Ord. No. 708, pt. 1, 9-17-07)

Minor modifications to existing wireless communications facilities shall be subject to review and approval by the community development director.

Minor modifications include, but are not limited to; the replacement of a pre-existing antenna with a smaller antenna, installation of quieter equipment, or modifications that reduce visual impact to neighboring properties. To be considered a minor modification the following criteria must be met:

(A)

The overall monopole or antenna support structure height is not increased;

(B)

No ancillary features are added to the monopole other than the antennas, required safety equipment, and accessory equipment enclosures;

(C)

All conditions of approval for the previous facility have been met;

(D)

No required parking stalls are eliminated in conjunction with the placement of the additional accessory equipment; and

(E)

The addition or modification is designed to minimize visual impacts to the extent possible.

Additions or modifications to existing wireless communication facilities which do not meet all of the above criteria may be permitted subject to a new major or minor wireless communications facility permit.

(Ord. No. 708, pt. 1, 9-17-07)

From time to time the community development director may contract the services of a qualified outside consultant to supplement staff in the review of a proposed wireless communications facility. The use of outside consultants shall be at the applicant's expense. The costs of these services shall be in addition to all other applicable fees associated with the project.

(Ord. No. 708, pt. 1, 9-17-07)

Notices of a public hearing on any proposed wireless communications facility shall be provided in accordance with Article 70 (Zoning Ordinance Administration) of the Lomita Municipal Code.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

The community development director or planning commission shall approve a wireless communications facility permit if affirmative findings can be made based upon the following criteria:

(A)

The proposed facility is located and designed in a manner that minimizes the visual impact on surrounding properties and from public streets.

(B)

The proposed facility provides camouflaging and screening in accordance with this Article.

(C)

The site has the appropriate zoning, dimensions, design, and configuration and is of a size and shape sufficient to meet the intent of this Article.

(D)

The proposed wireless communications facility is in compliance with all requirements of the FCC and the California Public Utilities Commission, and any other agency with authority to regulate such facilities.

(Ord. No. 708, pt. 1, 9-17-07)

Each communications service provider with a wireless communications facility shall obtain a city-issued business license prior to initiation of service.

(Ord. No. 708, pt. 1, 9-17-07)

The site shall be maintained in a condition free of trash, debris, and refuse. All graffiti shall be removed by the service operator within seventy-two (72) hours of notification.

(Ord. No. 708, pt. 1, 9-17-07)

The community development director may approve, for a period of up to ninety (90) days, a temporary communications facility while an approved communications facility is being constructed.

Terms:

(A)

The community development director may extend the ninety-day period at the request of the applicant for thirty-day intervals if the applicant can prove that there is a hardship that is delaying the issuance of permits for the permanent facility.

(B)

The temporary facility may only be approved if the permanent facility has a major or minor wireless permit and the project proponent has signed and returned a copy of the affidavit of acceptance of conditions of approval.

(C)

The community development director shall approve the actual location and design of the temporary facility consistent with the requirements of section 11-1.69-09 (Design and Development Standards).

(D)

The community development director shall have the authority to approve a temporary permit for wireless communications facilities needed during a declared emergency. Temporary facilities must be removed not later than ten (10) days after the conclusion of the declared emergency.

(Ord. No. 708, pt. 1, 9-17-07)

All major and minor wireless communication facility permits shall expire ten (10) years after their approval date. At such time, the wireless antennas and all related equipment shall be removed from the site. However, the community development director shall grant an extension provided the service provider demonstrates that the antennas and related equipment are not using obsolete technology and are still in use.

(Ord. No. 708, pt. 1, 9-17-07)

(A)

wireless communications service providers shall fully comply with all provisions of this Article and with all conditions of approval related to any permit or approval granted under this Article. Failure to comply with all such provisions of this Article, and with any such conditions of approval, shall constitute grounds for revocation of such permit or approval. If a violation of a condition of approval is not remedied within a reasonable period, the community development director may schedule a public hearing before the planning commission to consider revocation of the permit(s) or approval granted under this Article pursuant to Article 70 of this Code. The decision of the planning commission may be appealed to the city council pursuant to Article 70 of this Code.

(B)

Any facility constructed in violation of this Article, or in violation of any part of this Code, is subject to immediate abatement.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

(A)

At such time that a licensed carrier plans to abandon or discontinue operation of a wireless communications facility, such carrier shall notify the community development department by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations.

(B)

In the event that the permittee has failed to obtain the annual business license renewal required for the facility under this Code, the community development director may order an investigation to determine if the facility has been abandoned. The carrier shall receive written notice of the investigation and the subsequent determination. The date of mailing the notice of determination of abandonment shall constitute the date of abandonment.

(C)

Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communications facility within one hundred eighty (180) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not limited to:

(1)

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

(2)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(3)

Restoring the location of the wireless communication facility to its natural conditions, except that any landscaping and grading shall remain in the after-condition.

(D)

If the abandoned wireless communication facility is collocated with another facility on the same structure, the community development director may also order an investigation to determine whether the other carrier has abandoned the facility. If the community development director determines that only one (1) of the collocated carriers has abandoned the facility, that carrier shall only be required to physically remove the abandoned portion of the facility to the extent it will not disturb the other carrier(s) service. If the community development director determines that removal of the abandoned portion of the facility is not feasible without creating a disturbance in service, the permittee shall not have to physically remove the facility until such time as removal is feasible.

(E)

If a carrier fails to remove a wireless communication facility in accordance with this section, the city shall have the authority to enter the subject property and physically remove the facility. The planning commission shall require the carrier to post a bond at the time of construction, in an amount sufficient to pay for all costs of removal, including restoration of the site to its prior condition, in the event the city must remove the facility. The amount of such bond shall be rationally related to the cost of removal and the planning commission shall consider information provided by the carrier regarding the cost of removal.

(Ord. No. 708, pt. 1, 9-17-07)