Planning Commission Ponders New Cell Tower Regulations

The Calabasas Planning Commission held a public discussion of the city's cell-phone tower regulations Thursday, as a possible step toward revising them.

The five-member commission heard from homeowners, city staffers and wireless industry representatives during a workshop aimed at reviewing the section of Calabasas’ municipal code that regulates the placement of cell phone towers.

In considering changes to the city's wireless communications ordinance, which has been under public scrutiny recently, the commission hopes to strike a balance between adequate service coverage and the health and safety of residents.

There are limits to what the city can mandate. Federal standards established in the 1996 Telecommunications Act preempt local governments from restricting the placement of cell towers based on health concerns over radio frequency emissions.

However, municipalities can regulate the locations of such towers based on policies such as proximity to residences and visual blight.

At the workshop, city staff recommendations included: allowing wireless facilities in open-space zones and residential zones if located a specific distance from residences; prohibiting wireless facilities within a specified distance of sensitive receptors when located on private property; and allowing an increased antenna height.

“We support staff recommendations and support easing some of the zoning restrictions to allow carriers to provide coverage and keep facilities away from sensitive receptors,” said Jaime Hall, a spokesperson California Wireless Association, a nonprofit representing the wireless industry. Hall said the current regulatory framework has created some barriers in providing adequate coverage in the city.

While making a point in favor of setting up more cell-phone towers, Hall cited a 2007 survey in which Calabasas citizens said they wish for better service coverage.

As of July 23, 2010,

Residents spoke in favor of tougher regulations during the public comment portion of the workshop.

“The normal setback for cell towers is 1,500 feet, but we should set that limit at 2,000 feet,” said resident James Moorehead, who went on to list other proposed  restrictions. “We should have wave detectors that can shut the electricity off to cell towers when they sense there is too much intense waves coming from them. Don’t upgrade or change towers without approval; don’t have closed meetings with cell companies. The citizens deserve to know everything, and as a planning commission you can take the first step in taking care of our health and property values.”

Resident Liat Samouhi suggested options such as setting up signal boosters, instead of setting up more towers.

“At the end of the day we want to strike a balance. ... A lot of this is about choices, and in order to make an informed decision, we should know what they are,” she said.

Planning Commissioner David Brown suggested allowing cell phone towers in residential areas, depending on the size of the proposed towers.

“Some of them [towers] are very unobtrusive, others are quite obtrusive," he said. "If we are concerned about the visual impact, is there a way we can differentiate going into residential neighborhoods by the size of the facility and whether it makes a visual impact on the community or not?”

Jonathan Kramer, a telecommunications consultant with the city, explained that some jurisdictions do set limitations based on the size of the towers, and use that to encourage small facilities, but the major issue was the placement of the equipment box.

“Even if the electrical box is put underground, the electrical pedestal will be above ground,” he explained.

As it contemplates amendments to the ordinance, the Planning Commission is also considering suggestions from other local agencies.

The city’s Communications and Technology Commission, which has discussed the issue, suggested prohibiting towers from city-owned parks, library sites or in front of homes.

Another proposed clause could require cell phone companies to prove a significant gap in coverage before an application is considered for approval by the city. The communications commission also recommended extending the radius map of notification for the construction of a cell phone tower from 500 feet to 1,500 feet.

Those recommendations, along with wireless ordinances from the city of Glendale and town of Hempstead, are expected to be analyzed by the Planning Commission as it works to revise Calabasas’ wireless ordinance.

Further discussions on the ordinance will be held at the commission’s next meeting on March 3.