ORD 166 ORDINANCE NO. 16 6
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
MAKING REVISIONS TO THE TEXT OF THE DEVELOPMENT
CODE TO ESTABLISH DEVELOPMENT, DESIGN, AND LOCATION
REGULATIONS FOR EARTH STATIONS AND COMMERCIAL
ANTENNA TOWERS, AS CODE AMENDMENT NO. 16 AND
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
WHEREAS, the City has initiated Code Amendment No. 16; and
WHEREAS, the Planning Commission has held a public hearing on this
matter on January 25, 1983, and has recommended approval in Resolution No. 83-1
(P.C.); and
WHEREAS, the City Council has held a public hearing on this matter on
March 1, 1983, at which time all interested parties were given an opportunity
to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 16.04 of the Rancho Palos Verdes Municipal Code
is hereby amended by adding the following definitions to read:
16.04.275 Commercial Antenna. "Commercial antenna" shall mean all
earth stations, relay towers, and towers and antennas for the transmission or
reception of radio, television and communication signals except those designed
solely to receive such signals, and transmission towers used in connection with
antenna "ham radio" operations by the occupant of the property where the tower
is located. "Commercial antenna" shall also not include antennas owned or
operated by governmental agencies.
16.04.405 Earth Station. "Earth station" means structures comprising
one or more parabolic reflector or similar antenna arrays regardless of mounting
methods, and all appurtenant equipment necessary to the receiving and/or
transmitting of microwave signals from and/or to any earth orbiting satellite
of any type.
16.04.765 Microwave. "Microwave" means any electromagnetic signals
of any frequency 300 megahertz or higher.
16.04.998 Relay Tower. "Relay Tower" means any parabolic reflector or
similar antenna array regardless of mounting methods and all appurtenant
equipment necessary for the receiving and/or transmitting of microwave signals
from and/or to any earth based transmitting and/or receiving facility of any
type.
Section 2: 17.18.030 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding C, to read: C. Commercial Antenna.
Section 3: 17.20.030 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding E, to read: E. Commercial Antenna.
Section 4: 17.24.030 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding D, to read: D. Commercial Antenna.
Section 5: 17.28.020 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding E, to read: E. Commercial Antenna.
Section 6: 17.40.050.B of the Rancho Palos Verdes Municipal Code is
hereb y amended by renumbering 2 through 7 as 3 through 8 with a new 2 and 8c
to read:
2. Only one master television antenna of each variety (mast antenna,
parabolic dish antenna, or others) shall be allowed in all multiple family
developments (two or more units) and residential planned developments with a
Conditional Use Permit.
8c. Earth stations solely to receive signals will be considered
accessory structures in residential districts pursuant to 17.40.050.C. Earth
stations must conform to Section 17.40.050.8.1.
Section 7: 17.40.050.0 of the Rancho Palos Verdes Municipal Code is
hereby amended to read:
C. Building height. Unless determined to be a part .of the main
building, decks, playhouses, detached garages, pools or bathhouses, dressing
rooms, saunas, Jacuzzi and pool enclosures, gazebos, earth stations or any
structures.. . . . .. .
Section 8: Title 17 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding Chapter 41, to read:
Chapter 17.41
Commercial Antennas
Sections:
17.41.010 Purpose
17.41.020 Applicability
17.41.030 Site size and tower setbacks
17.41.040 Guy setback
17.41.050 Required sharing of new towers
17.41.060 Visual impact
17.41.070 Maintenance impacts
17.41.080 Parking
17.41.090 Landscaping
17.41.100 Accessory uses
17.41.110 Agency coordination
17.41.120 Requirements for an application
17.41.130 Procedure
17.41.010 Purpose
A. To minimize visual impacts of towers through careful design,
siting and vegetation screening.
B. To avoid damage to adjacent properties from tower failure through
engineering and careful siting of tower structures.
C. To maximize use of an existing transmission or relay tower to
minimize the need to construct new towers.
-2- Ordinance No. 166
17.41.020 Applicability. The regulations of this chapter shall apply
only to commercial antennas.
17.41.030 Site Size and Tower Setbacks
A. The site shall be of a size and shape sufficient to provide
an adequate setback from the base of the tower to any property line. Such
setback shall be sufficient to:
1. Provide a visual buffer.
2. Preserve the privacy of adjoining residential
property.
B. For unguyed towers of one hundred (100) feet or less in height, a
minimum setback of twenty-five (25) feet is required between the base of the
tower to any property line.
C. For unguyed towers above one hundred (100) feet in overall
height, a setback equal to twenty-five (25) percent of the height of the
tower above grade is required between the base of the tower to any property
line.
D. For a guyed tower, the tower setback must be sufficient to
provide for the guy anchor setback as stated in 17.41.040.
E. Placement of more than one tower on a lot shall be permitted,
provided all setback, design and landscape requirements are met as to each
tower. Structures may be located as close to each other as technically
feasible.
F. Structures and uses associated with the towers shall be located
to meet the setbacks required in the specific zoning category.
17.41.040 Guy Setback
A. For a guyed structure, the site shall be of a size and shape
sufficient to provide an adequate setback from a guy anchor to any property
line, in addition to the size required to comply with 17.41.030. Such set-
back shall be adequate to provide a vegetative, topographic or other buffer
sufficient to obscure view of the anchor from such adjoining properties.
B. A site is presumed to be of sufficient size when it provides:
1. A setback of at least twenty-five (25) feet between a
guy anchor and any property line.
17.41.050 Required Sharing of New Towers
All new towers shall be designed to structurally accommodate the
maximum number of additional users consistent with Section 17.41.060, Visual
Impact.
A. Such design requirements may be reduced if the required size of
the tower significantly exceeds the size of existing towers in the area and
would therefore create a visual impact that would dominate and alter the
visual character of the area when compared to the impact of other existing
towers.
B. Once a new tower is approved, additional antennas and accessory
uses to permitted antennas may be added to it in accordance with the ap-
proved sharing plan if the Director finds that the standards of 17.41.060,
17.41.070, 17.41.080, 17.41.100, 17.41.110, and 17.41.120.0 are met.
_3_ Ordinance No. 166
C. If a new tower is approved, the applicant shall be required,
as conditions of approval, to:
1. Respond in a timely, comprehensive manner to a request
for information from a potential shared use applicant.
2. Negotiate in good faith for shared use by third
parties.
17.41.060 Visual Impact
The applicant shall demonstrate that the tower can be expected
to have the least visual impact on the environment, taking into consideration
technical, engineering, economic and other pertinent factors. Tower clustering
on the same site shall be of similar height and design, whenever possible.
A. Towers will be painted and lighted in accordance to Federal
Aviation Agency regulations (Part 77), if applicable.
B. Towers shall be the minimum height necessary to provide parity
with existing similar tower supported antenna, and shall be free-standing
where the negative visual effect is less than would be created by use of
a guyed tower.
17.41.070 Maintenance Impacts
Equipment at a transmission or relay facility shall be automated
to the greatest extent possible to reduce traffic and congestion. The applicant
shall describe anticipated maintenance needs, including frequency of service,
personnel needs, equipment needs, and traffic noise or safety impacts of such
maintenance.
17.41.080 Parking
A minimum of two (2) parking spaces shall be provided on each site;
an additional parking space for each two employees shall be provided at
facilities which require on-site personnel. Storage of vehicles and/or
equipment requires approval of the Director and/or Planning Commission.
Vehicle and equipment storage must conform to landscape and screening require-
ments.
17.41.090 Landscaping
The applicant shall provide a landscape plan to be approved by
the Director. The plan shall note specifications for landscape and screening,
including plantings, fences, walls and other features designed to screen and
buffer towers, accessory uses and stored equipment. Native vegetation on the
site shall be preserved to the greatest practical extent and incorporated into
the landscape plan.
17.41.100 Accessory Uses
Accessory uses shall include only such buildings and facilities.
necessary for transmission and/or receiving function and satellite ground
stations associated with them, but shall not include broadcast studios,
offices, nor other similar uses not necessary for the transmission or relay
function.
A. Accessory uses may include emergency generators, facilties
for emergency broadcast purposes or for other special, limited purposes that
would not create significant additional impacts as determined by the Director
of Planning. Emergency generators require sufficient sound proofing. It is
unlawful to operate generators for maintenance runs except between the hours of
seven a.m. and seven p.m. Monday through Saturday. No such activity shall be
permitted on Sunday.
-4- Ordinance No. 166
17.41.110 Agency Coordination
The applicant shall provide the following information in writing
from the appropriate responsible official:
A. A statement from the Federal Aviation Administration that the
application has not been found to be a hazard to air navigation under Part 77,
Federal Aviation Regulations, or a statement that no compliance with Part 77 is
required.
B. A statement from the Federal Communications Commission that
the application complies with the regulations of the Commission or a statement
that no such compliance is necessary.
C. The statements in (A) and (B) may be waived when the applicant
demonstrates that a good faith, timely effort was made to obtain such responses
as determined by the Director of Planning. The applicant must convey any
subsequent response to the Director as soon as possible.
17.41.120 Requirements for an Application
An application for approval of a commercial antenna structure shall
contain at least the following information before it is complete:
A. A completed Conditional Use Permit application with:
1. Site plan or plans to scale, specifying the location of
tower(s), guy anchors (if any), equipment building and/or other accessory uses
(if any), access, parking, fences, landscaped areas, and adjacent land uses.
Such plan shall also demonstrate compliance with 17.41.030 and 17.41.040.
2. Elevation plans to scale of proposed tower(s), antenna
arrays, equipment building and/or other accessory uses (if any) and related
landscaping and screening.
3. A completed environmental assessment application.
B. Landscape plan to scale indicating size, spacing and type of
plantings as required in 17.41.090.
C. Report from a professional engineer registered in the State
of California documenting the following:
1. Tower height and design, including technical engineering,
economic, and other pertinent factors governing selection of the proposed
design. Across-section of the tower structure shall be included.
2. Power output and operating frequency for the proposed
antenna.
3. Total anticipated capacity of the structure, in-
cluding number and types of antennas including power and frequency ranges,
which can be accommodated.
4. Evidence of structural integrity of the tower structure
as required by the City Building Official.
5. Demonstration that site and setbacks are of adequate
size to contain debris in the event of tower failure.
6. Specific design reconstruction plans indicating
the means by which the shared use provisions of this ordinance will be met.
-5- Ordinance No. 166
D. Statements from the Federal Aviation Agency (FAA) and Federal
Communications Commission (FCC) that the standards of 17.41.110 are met
or that the required good faith, timely efforts to achieve such responses
have been made.
E. Letter of intent to lease excess space on the tower structure
and to lease additional excess land on the tower site when the shared use
potential of the tower is absorbed, if structurally and technically possible.
F. The applicant shall quantify the maximum tower capacity antici-
pated, including the approximate number of types of antennas. The applicant
shall also describe any limitations on the ability of the tower to accommodate
other uses, e.g. radio frequency interference, mass, height, frequency or other
characteristics. The applicant shall describe the technical options available
to overcome those limitations, and reasons why the technical options considered
were not incorporated. The Director shall approve those limitations if they
cannot be overcome by reasonable technical means.
G. Evidence of the lack of space on all suitable existing towers
to locate the proposed antenna and of the lack of space on existing tower
sites to construct a tower for the proposed antenna.
I. Maintenance impacts as described in 17.41.070.
17.41.130 Procedure
A. New towers, related structures and tower sites require approval
of a conditional use permit by the Planning Commission subject to the following
minimum criteria:
1. That no existing or planned tower approved after
the effective date of this ordinance can accommodate the applicant's proposed
antenna and/or proposed service area.
2. That the proposed tower cannot be located on the site
of an existing or planned tower approved after the effective date of this
ordinance.
B. New antennas, mounted on existing towers or structures that
would not require substantial modifications, may be approved by the Director
with the following required information:
1. An approved engineering study addressing structural,
power, and frequency compatibility with the existing tower and antennas.
2. A list of all proposed support equipment and anticipated
maintenance needs.
Section 9: 17.48.020.B of the Rancho Palos Verdes Municipal Code is
hereby amended to delete:
B. In all multiple-family developments (two or more units) and
residential planned developments, only one master television antenna shall be
allowed:
Section 10: 17.56.020 of the Rancho Palos Verdes Municipal Code is
hereby amended by relettering C to K as D to L with a new C to read:
C. Commercial antenna.
-6- Ordinance No. 166
Section 11: 17.56.050 of the Rancho Palos Verdes Municipal Code is
hereby amended by relettering C as D with a new C to read:
C. Conditional use permit revisions for master television antennae
in multiple-family developments and residential planned developments do not
require a public hearing.
PASSED, APPROVED and ADOPTED this 5th day of April , 1983.
MAYO' dr
ATTEST:
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State of California )
County of Los Angeles ) ss -
City of Rancho Palos Verdes )
I, Mary Jo Lofthus, City Clerk of the City of Rancho Palos Verdes,
do hereby certify that the whole number of members of the City Council of
said City is five; that the foregoing ordinance, being Ordinance No. 166 ,
passed first reading on March 15, 1983 , , was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held
on the 5th day of April , 1983 , and that the same was passed and
adopted by the following roll call vote:
AYES: COUNCILMEMBERS: HEIN, BACHARACH, DYDA & MAYOR RYAN
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
/7 ''''.2
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City Cleric/ it of 'c nch. -4 ps V es
_7_ Ordinance No. 166
1114
R A N C 0 PA in S VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says :
That at all times herein mentioned, she was and now is the
duly qualified and acting City Clerk of the City of Rancho Palos
Verdes , California:
That on the 11th day of APRIL , 19 83 , she
caused to be posted in four conspicuous places, as required
by law the following:
ORDINANCE 166 - MAKING REVISIONS TO THE TEXT OF THE DEVELOPMENT
CODE TO ESTABLISH DEVELOPMENT, DESIGN, AND LOCATION REGULATIONS
FOR EARTH STATIONS & COMMERCIAL ANTENNA TOWERS, AS CODE AMENDMENT
NO. 16 AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
a copy of which is attached hereto, in the following public places
in the City:
CITY HALL
RANCHO PALOS VERDES
30940 HAWTHORNE BOULEVARD
LOS ANGELES COUNTY FIRE STATION
MIRALESTE STATION
4000 MIRALESTE PLAZA
RANCHO PALOS VERDES, CALIFORNIA
RIDGECREST INTERMEDIATE SCHOOL
28915 NORTHBAY ROAD
RANCHO PALOS VERDES, CALIFORNIA
DODSON JR. HIGH SCHOOL
28014 MONTEREINA DRIVE
RANCHO PALOS VERDES, CALIFORNIA
I certify under penalty of perjury that the foregoing is a true
and correct affidavit of posting.
MARY JO LOFTHUS, CMC
CITY CLERK
377.03fi0 #180
30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA 90274/(213)