Wireless Ordinance Almost Ready for Final Vote

The final draft of the updated wireless telecommunications ordinance will go before the at the end June, after it has undergone a final round of minor revisions recommended by council members on Wednesday.

The document is aimed at establishing stricter requirements for granting permits to wireless service providers to build signal-improving cellphone towers or wireless facilities mounted on monopoles.

The ordinance lays out various guidelines, like restricting such facilities to at least 500 feet away from residential neighborhoods, but one key exemption allows wireless providers to make an installation just about anywhere in town, including open spaces.

All wireless providers have to do is demonstrate that they have a significant gap in coverage, an exception that some residents believe could lead to a proliferation of cellphone facilities.

"All of these facilities and antennas may become the things you're forced to look at, is that what you want?" Resident Geri Berger told the council. "It's not what our residents want. it's not why we moved here."

Instead, residents want the council to outright prohibit wireless sites from areas like open space, a route Agoura Hills took in its ordinance, though that opens the door to potential litigation.

The Federal Telecommunications Act of 1996 preempts cities from denying such permit requests outright.

Attorney Andrew Campanelli, who acted as a consultant in drafting the new wireless ordinance, said it would be unlikely for judges to overturn a city's no-vote if a wireless provider fails to demonstrate a significant gap in coverage.

"I think after a great deal of time, effort, input from staff, commissioners, and Calabasas residents, the council put forward a much improved ordinance with the intention to strike a balance between the desire to have cell service and the need to protect our community to the fullest extent allowable by law," said Councilman David Shapiro.

On Wednesday, council members directed the city attorney to make about a dozen of mostly wording revisions to the proposed ordinance.

One of the biggest recommended changes was to put the word "personal" before the phrase "wireless services" throughout the document.

City Attorney Michael Colantuono said doing so limits the ordinance to focusing on just cellphone service coverage and not intentionally try to set standards for much higher radio frequency-emitting facilities such as radio towers.

The council is expected to vote on the updated ordinance its June 27 meeting.