“Over 16 [Los Angeles] neighborhood councils, community councils and other associations have passed motions/resolutions or submitted letters to the City as of December 2009, expressing concern about cell tower proliferation and/or urging reform of the City’s regulatory scheme,” according to a fact sheet sent to Los Angeles Deputy City Attorney Ted Jordan.
The Central Hollywood Neighborhood Council voted on the matter just before Christmas, and just a week before that all neighborhood council representatives met with two LA DWP managers to discuss unregulated proliferation of cell sites on utility poles throughout the city.
DWP managers deflected most of the questions posed by coalition representatives, saying procedures and possible changes were under review in the city attorney’s office, a review was prompted by motions introduced in October 2009 (Rosendahl) and November 2009 (Hahn).
Pacific Palisades Residents Association sent the fact sheet and the letter below to the deputy city attorney:
Pacific Palisades Residents Association (PPRA) has been researching cell tower proliferation and regulation issues for much of 2009. In the past year alone, our community has experienced an unprecedented 11 attempted cell tower installations, including the attached example of an unregulated utility pole cell site installation (erected without notice in a parkway only a few feet from homes). Six of the 11 attempts are still pending (negotiations are ongoing); one was denied a Coastal permit; and three were withdrawn only after strong opposition from concerned residents.
PPRA supports the efforts of Councilmembers Rosendahl, Hahn, Koretz and Garcetti to tackle this problem which is growing throughout Los Angeles. We appreciate that you are also investigating the City’s regulations and practices and urge you to consider the following:1. There is no local, independent regulation of utility pole cell site installations.
2. The JPA does not regulate utility pole cell site installations.
3. There is effectively no local regulation of free-standing cell towers or “monopoles” in PROWs.
4. The City has a constitutionally based police power to control the location and manner of construction of public utility facilities in PROWs.
5. The PUC recognizes that it is the City’s function to regulate the installation, location and design of cell towers and poles.
6. In accordance with recent case law, the City can and should regulate the installation of all cell towers and poles in PROWs as well as on private property, with meaningful protections for residential areas and provisions for denial based on adverse aesthetic impacts.
7. Cell tower proliferation is rapidly growing — as are serious concerns about inadequate or nonexistent regulation.
Attached is a detailed Summary supporting the above points, based on PPRA’s extensive investigation. We hope that you will find this Summary useful.
PPRA submits that the time is right for a comprehensive new Los Angeles cell tower ordinance which provides protections for residential areas to the full extent of the law. At a minimum, the inadequate or nonexistent regulation of cell towers in PROWs — a failure to exercise the City’s power and duty to protect the public — is a glaring and serious problem which should be immediately addressed.We emphasize that we do not oppose all cell towers; however, if they are to become “ubiquitous” in society (as the FCC anticipates), Los Angeles clearly needs stronger regulation, as permitted under the most recent decisions interpreting federal and state law, to provide for rational planning, sufficient notice and hearings, community input, meaningful protection for residential neighborhoods, and clear and consistent standards as to placement, design, height and aesthetics — on all types of property, including PROWs.
We hope and trust that your report and Councilman Rosendahl’s motion in the above-referenced file will be taken up by the Council Public Works Committee at the earliest opportunity.
Thank you for your continuing work on this important matter.