ORD 345 ORDINANCE NO. 345
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AMENDMENTS TO SECTION
17.76.020 (ANTENNAS) and CHAPTER 17.96 (DEFINITIONS)
OF TITLE 17 OF THE CITY'S MUNICIPAL CODE
WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, the Planning Commission conducted a public hearing on January 12,
1999 at which time, after all interested parties were given an opportunity to be heard
and present evidence, the Planning Commission considered alternative proposed
amendments to the City's antenna ordinance and forwarded its recommended draft
ordinance amendments regarding antennas to the City Council; and
WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, the City Council held public hearings on February 2, 1999, February 16,
1999 and March 2, 1999, at which time all interested parties were given an opportunity to
be heard and present evidence regarding said amendments; and
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ORDAINS AS FOLLOWS:
Section 1: The City Council has reviewed and considered various proposed
amendments to Section 17.76.020 and Chapter 17.96 of Title 17 of the Municipal Code.
Section 2: The City Council finds that the amendments to Title 17 of the Municipal
Code are consistent with California Government Code Section 65853, zoning amendment
procedures.
Section 3: The City Council finds that the amendments to Title 17 are consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold,
and do not hinder, the goals and policies of those plans, in particular to carefully control
and direct development towards making a positive contribution to all elements of the
community.
Section 4: The City Council further finds that there is no substantial evidence that
the amendments to Title 17 would result in new significant environmental effects, or a
substantial increase in the severity of effects, as previously identified in Environmental
Assessment No. 694 and the negative declaration, adopted through Resolution No. 97-25
in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal
Code, since the new amendments are clarifications and minor revisions to the City's
existing Development Code. An addendum to the prior negative declaration has been
prepared and is attached hereto as Exhibit 'A'. The City Council hereby finds, based on
its own independent judgement, that the facts stated in the addendum are true because
the minor amendments to the Development Code will strengthen the Code and lessen
potential environmental impacts of future development in the City.
Section 5: The City Council further finds that the amendments to Title 17 are
necessary to preserve the public health, safety, and general welfare in the area.
Section 6: For the foregoing reasons and based on the information and findings
included in the staff reports and records of the proceedings, Section 17.76.020 of Title 17
of the City of Rancho Palos Verdes Municipal Code is hereby amended as follows:
Section 17.76.020 (Antennas)
A. Commercial Antennas. The installation and/or operation of a commercial
antenna shall require the submittal and approval of a conditional use permit by the
planning commission pursuant to Chapter 17.60 (Conditional Use Permits). This
subsection shall apply to all commercial antennas, as defined in Chapter 17.96
(Definitions) of this title.
1. Purpose. The purposes of this subsection are as follows:
a. To minimize visual impacts of antenna towers through careful design,
siting and vegetation screening;
b. To avoid damage to adjacent properties from tower failure through careful
design and siting of tower structures; and
c. To maximize use of an existing transmission or relay tower to minimize
the need to construct new towers.
d. To ensure that antennas are compatible with adjacent uses.
2. 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:
i. Provide a visual buffer; and
ii. Preserve the privacy of adjoining residential property.
b. For unguyed towers of up to one hundred feet in height, a minimum
setback of twenty-five feet is required between the base of the tower and any property
line.
c. For unguyed towers above one hundred feet in overall height, a setback
equal to twenty-five percent of the height of the tower above grade is required between
the base of the tower and any property line.
d. For a guyed tower, the tower setback must be sufficient to provide for the
guy anchor setback as stated in subsection (A)(3) of this section.
e. Placement of more than one tower on a lot may be permitted; provided, all
setback, design and landscape requirements are met for each tower. Structures may be
located as close to each other as is technically feasible.
f. Structures used in association with the towers shall meet the setbacks
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required in the applicable zoning district.
3. Guy Setback.
a. For a guyed structure, the site shall be of a size and shape sufficient to
provide a setback of at least twenty-five feet between a guy anchor and any property
line, in addition to the sufficient site size required to comply with subsection (A)(2) of
this section. Such setback shall be adequate to provide a vegetative, topographic or
other buffer sufficient to obscure view of the anchor from any adjacent properties.
4. Required Sharing of New Towers. If multiple antennas are proposed for a
new antenna structure, the new tower shall be designed to structurally accommodate
the maximum number of additional users and shall be consistent with the requirements
of subsection (A)(5) of this section.
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
may be added in accordance with an approved sharing plan, if the director finds that
the standards of subsections (A)(5), (A)(6), (A)(7), (A)(9), (A)(10) and (A)(11)(c) of this
section are met.
c. If a new tower is approved, the applicant shall be required, as conditions
of approval, to:
i. Respond in a timely and comprehensive manner to a request for
information from a potential shared-use applicant; and
ii. Negotiate in good faith for shared use by third parties.
5. 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. Towers clustered on the
same site shall be of similar height and design whenever possible.
a. Towers will be painted and lighted in accordance with Federal Aviation
Administration Regulations (Part 77), if applicable.
b. Towers shall be the minimum height necessary to provide parity with
similar, existing tower-supported antennas, and shall be freestanding where the
negative visual effect is less than would be created by use of a guyed tower.
6. Maintenance Impacts. Equipment at a transmission or relay facility shall
be automated to the greatest extent possible to reduce traffic to the site. The applicant
shall describe anticipated maintenance needs, including frequency of service;
personnel needs; equipment needs; and traffic, noise or safety impacts of such
maintenance.
7. Parking. A minimum of two parking spaces shall be provided on each site;
an additional parking space for each two employees shall be provided at facilities that
require on-site personnel. Storage of vehicles or equipment requires approval of the
director or planning commission. Vehicle and equipment storage must conform to
landscape and screening requirements.
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8. Landscaping. The applicant shall provide a landscape plan to be
approved by the director or planning commission. 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 shall be preserved to the greatest extent practicable and incorporated into
the landscape plan.
9. Accessory Uses.
a. Accessory uses shall include only such buildings and facilities necessary
for transmission and reception and associated satellite ground stations, but shall not
include broadcast studios, offices or other uses which are unnecessary for reception
and transmission, unless located in a commercial zoning district or commercial overlay
control district.
b. Accessory uses may include emergency generators, facilities for
emergency broadcast purposes or for other limited purposes that would not create
significant additional impacts as determined by the director. Emergency generators
require sufficient soundproofing. 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.
10. 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 their regulations or a statement that no such compliance is
necessary.
c. The statements in subsections (A)(10)(a) and (A)(10)(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. The applicant must convey any
subsequent response to the director as soon as possible.
11. Requirements for an Application. The installation and/or operation of a
commercial antenna shall require the submittal of a conditional use permit application.
The application package shall contain the following information:
a. A completed conditional use permit application with:
i. Site plan(s) to scale, specifying the location of tower(s), guy anchors,
equipment building and other accessory uses, access, parking, fences, landscaped
areas and adjacent land uses. Such plan(s) shall also demonstrate compliance with
subsections (A)(2) and (A)(3) of this section,
ii. Scaled elevation plans of proposed tower(s), antenna arrays, equipment
building and other accessory uses and related landscaping and screening,
iii. A completed environmental assessment application;
b. Scaled landscape plans indicating size, spacing and type'of plantings as
required in subsection (A)(8) of this section;
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c. A report from a professional engineer registered in the state documenting
the following:
i. Tower height and design, including technical engineering, economic and
other pertinent factors governing selection of the proposed design. A cross-section of
the tower structure shall be included,
ii. Power output and operating frequency for the proposed antenna,
iii. Total anticipated capacity of the structure, indicating the number and
types of antennas and power and frequency ranges, which can be accommodated,
iv. Sufficient evidence of the structural integrity of the tower as required by
the city building official, v. Demonstration that site and setbacks are of
adequate size to contain debris in the event of tower failure,
vi. Specific design reconstruction plans indicating the means by which the
shared use provisions of this section will be met;
d. Evidence of compliance with the agency coordination requirements of
subsection (A)(10) of this section;
e. A letter of intent to lease excess space on the tower structure and to
lease excess land on the tower site when the shared use potential of the tower is
absorbed to the extent structurally and technically possible;
f. The applicant shall quantify the anticipated tower capacity, 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 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 means;
g. Evidence of the need for the antenna structure due to insufficient space
on all suitable existing towers and insufficient space on existing tower sites for the
proposed structure;
h. The anticipated maintenance needs, as described in subsection (A)(6) of
this section.
12. Review Procedure.
a. New towers, related structures and tower sites require approval of a
conditional use permit by the planning commission upon finding:
i. That no existing or planned tower approved after the effective date of the
ordinance codified in this chapter can accommodate the applicant's proposed antenna
or proposed service area, or
ii. That the proposed tower cannot be located on the site of an existing or
planned tower approved after the effective date of the ordinance codified in this
chapter;
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:
i. An approved engineering study addressing structural, power and
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frequency compatibility with the existing tower and antennas, and
ii. A list of all proposed support equipment and anticipated maintenance
needs.
13. Notice. Notice shall be published in a newspaper of general circulation
and given to owners of property within five hundred feet of the project, to all persons
requesting notice, to any affected homeowner associations, and the applicant pursuant
to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title.
14. Appeal. The decision of the planning commission may be appealed to the
city council pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedures) of
this title.
B. Satellite Dish Antennas.
1. Purpose. The purposes of this subsection are as follows:
a. To recognize that satellite dish antennas create different and more
extensive visual impacts than other antennas because of their bulk, diameter surface
area, opaqueness, mobility and eye level installation;
b. To provide standards that address the different and more extensive visual
impacts created by satellite dish antennas in order to:
i. Conserve and preserve the unique views created by hillside topography
and coastal development patterns, and develop regulations that encourage view
preservation,
ii. Preserve and protect the unique semi-rural and open character of the
community and overall aesthetic and visual qualities of the city,
iii. Conserve, protect and enhance the natural resources, beauty and open
space of the community for the benefit and enjoyment of its residents and the residents
of the entire region, and
iv. Preserve and protect identified significant views from disruption or
degradation as expressed by the goals, objectives and general policies of the general
plan;
c. To ensure that satellite dish antennas are installed securely and in
locations that do not impair the health, safety and welfare of the community;
d. To ensure that the city regulations are consistent with federal regulations
and allow reasonable reception of satellite-delivered signals by receive-only antennas
in a manner that is consistent with the general plan.
2. Antennas Exempt. A dish antenna located in any zoning district which is
one (1) meter (39.37 inches) or less in diameter shall not require approval by the
director or a building permit. A dish antenna located in any commercial zoning district
or commercial overlay control district which is two (2) meters (78.74 inches) or less in
diameter shall not require approval by the director or a building permit. This exemption
shall not apply to dish antennas located on a mast which is greater than twelve (12)
feet in height. Freestanding masts shall be measured from existing adjacent grade.
Masts located on a building shall be measured from the point where the mast meets the
roof surface.
3. Permit Required. Except for antennas determined to be exempt pursuant
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to subsection (B)(2) of this section, approval from the director is required prior to the
placement or installation of any satellite dish antenna. Application for approval shall be
made upon an antenna site plan review application form provided by the city and shall
be accompanied by the following:
a. Two copies of a scaled site plan showing the location of the satellite dish
antenna and its relation to property lines, topography and all structures on the property,
and two copies of an elevation drawing showing the proposed height, size, color and
material of the satellite dish antenna. If a building permit is required pursuant to the
Uniform Building Code, three copies of the above plans are necessary;
b. A typed mailing list of all property owners adjacent to the subject property,
using the last equalized tax roll of the county assessor and any affected homeowners
associations, and a vicinity map identifying all properties included on the mailing list.
c. A fee, as established by resolution of the city council. If, pursuant to this
section, a report from a qualified technician is submitted to the city for review, the
applicant shall submit a trust deposit, in an amount established by resolution of the city
council, to pay for the cost of an independent review of the technical report.
4. Multiple-family Developments. Except for antennas determined to be
exempt pursuant to subsection (B)(2) of this section, one master satellite dish antenna
shall be allowed in a multiple-family development with two or more dwelling units, upon
approval of a conditional use permit, pursuant to Chapter 17.60 (Conditional Use
Permits) of this title.
5. Staff Review. The director shall approve or conditionally approve any
application for the installation of a satellite dish antenna, if the director finds as follows:
a. The placement of the satellite dish antenna is consistent with the intent
and purpose of this chapter;
b. The satellite dish antenna is not greater than twelve feet in diameter;
c. The satellite dish antenna is not greater than sixteen feet in height, as
measured from the point at which the antenna foundation meets grade to the highest
point of the antenna, and is not located on the roof of a single-family residence and/or
accessory structure, unless:
i. The applicant submits a report from a qualified technician, describing
signal reception capabilities of the proposed satellite dish antenna from alternative
locations on the subject property, which demonstrates to the satisfaction of the director
that no reasonable alternative location is available that would provide reasonable
signal reception on the subject property at a height of sixteen feet or less or not on a
roof,
ii. The satellite dish antenna does not significantly impair a view from any
adjacent property and is substantially screened from view from any adjacent property,
including any adjacent public or private street or sidewalk; provided, that such
screening does not preclude reasonable reception,
iii. The overall height of the satellite dish antenna does not exceed the
maximum ridge line of the roof of the primary structure on the property, and
iv. The satellite dish antenna is painted to match the color of the roof it is
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located on;
d. The satellite dish antenna is substantially screened from view from any
adjacent properties and/or any adjacent public or private street or sidewalk. The
method of screening may include landscaping, fences or walls as permitted by Section
17.76.030 (Fences, walls and hedges) of this title;
e. The satellite dish antenna is constructed using standard colors and in a
manner that blends with its surroundings;
f. The satellite dish antenna is not installed on an extreme slope (thirty-five
percent or more), unless:
i. The applicant submits a report from a qualified technician, describing
signal reception capabilities of the proposed satellite dish antenna from alternative
locations on the subject property, which demonstrates to the satisfaction of the director
that no reasonable alternative location is available that would provide reasonable
signal reception on the subject property on a slope of less than thirty-five percent; and
ii. The satellite dish antenna satisfies the requirements of Section
17.76.060(E) (Extreme slope permit) of this title, and is substantially screened from
view from any adjacent property, including any adjacent public or private street or
sidewalk; provided, that such screening does not preclude reasonable reception;
g. No portion of the satellite dish antenna is located within any required
setback. However, the satellite dish antenna may be located in a rear or side yard
setback if the applicant submits a report from a qualified technician, describing signal
reception capabilities of the proposed satellite dish antenna from alternative locations
on the subject property, which demonstrates to the satisfaction of the director that no
reasonable alternative location is available that would provide reasonable signal
reception on the subject property. If placement in the rear or side yard is approved, a
minimum setback of three feet from the adjacent property line is required. In addition,
the satellite dish antenna must be substantially screened from view from any adjacent
properties and any adjacent public or private street or sidewalk. No portion of the dish
antenna shall be located within any front yard area, without approval of a variance
pursuant to chapter 17.64 (variances) of this title;
h. Unless otherwise determined by the director, only one satellite dish
antenna is permitted per lot;
i. The satellite dish antenna is not used as a sign for any commercial
establishment;
j. Where practical, all wires from satellite dish antennas shall be
underground.
6. Notice of Decision. Notice of the director's decision shall be given to the
property owner, all owners of adjacent properties, any affected homeowners
associations and any person specifically requesting such notice.
7. Planning Commission Review. Within fifteen (15) days of the notice of
decision, the applicant or any interested person may appeal the director's decision to
the planning commission pursuant to Section 17.80.050 (Hearing Notice and Appeal
Procedures) of this title.
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a. Notice of the appeal hearing shall be given to the property owner, all
owners of adjacent properties, any affected homeowners associations and any person
specifically requesting such notice at least fifteen (15) days prior to the hearing date.
b. The planning commission shall conduct the appeal hearing in accordance
with section 17.80.050 (Hearing Notice and Appeal Procedure) of this title. Notice of
the planning commission decision shall be mailed to any interested party who has
submitted a written request for such notice to the director
8. City Council Review. The decision of the planning commission may be
appealed to the city council pursuant to Section 17.80.070 (Hearing Notice and Appeal
Procedures) of this title. However, notice of the city council hearing need only be given
to any interested party who has submitted a written request for such a notice to the
director.
9. Planning Commission/City Council Review Criteria.
a. The planning commission or city council may approve or conditionally
approve an application notwithstanding the requirements of subsection (B)(5) of this
section if the applicant, through the submittal of a report from a qualified technician,
demonstrates to the satisfaction of the planning commission or the city council that
practical difficulties exist which prevent placement or installation of the satellite dish
antenna in a manner that is consistent with the requirements of Section 17.76.020(8)(5)
(Staff review) and which provides for reasonable signal reception. Practical difficulties
include, but are not limited to, the cost of compliance with the requirements of this
chapter if such cost is excessive in relation to the purchase and installation cost of the
antenna.
b. The planning commission or the city council may approve an antenna
subject to reasonable conditions necessary to serve the intent of this chapter.
Conditions shall not be applied so as to preclude reasonable signal reception or to
impose costs that are excessive in light of the purchase and installation cost of the
satellite dish antenna.
10. Amortization.
a. All satellite dish antennas shall conform to the requirements of this
section.
b. Satellite dish antennas for which prior approval was granted by the city or
another agency with jurisdiction over permit issuance shall be made to conform to the
provisions of this chapter within five years from the date written notice is mailed to the
property owner.
c. Satellite dish antennas that have been installed without prior approval of
the director shall be brought into conformance with the requirements of this chapter
within ninety days of the date written notice is mailed to the property owner. Penalty
fees are waived for all applications submitted within this period.
C. Non-commercial Amateur Radio Antennas.
1. Applicability. This subsection C regulates non-commercial amateur radio
antennas that are affixed to real property and antennas that are located on vehicles
parked on lots which exceed sixteen (16)feet in height, as measured pursuant to the
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residential building height measurement methods described in Section 17.02.040 (View
preservation and restoration) of this title. This subsection does not regulate hand held
antennas or antennas located on vehicles parked on lots which are sixteen (16) feet or
less in height, as measured pursuant to the residential building height measurement
methods described in Section 17.02.040 (View preservation and restoration) of this
title.
2. General Regulations. The erection and/or replacement of non-commercial
amateur radio antenna assemblies on lots for noncommercial purposes shall be
reviewed by the director through either an antenna site plan review application or by
the planning commission through a non-commercial amateur ham radio antenna permit
application.
a. Existing antenna assemblies which were legally permitted by the City or
the County prior to City incorporation, and which conform to the codes in effect when
installed, but do not meet the provisions of this code and are existing as of the effective
date of this code shall be considered legal nonconforming.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the antenna(s) and
antenna support structure and shall be the maximum to which it is capable of being
extended;
ii. For a ground mounted antenna assembly or one mounted on an
accessory structure, the height shall be measured from the highest point of the existing
grade covered by the foundation of the structure to the maximum height to which the
antenna assembly is capable of being extended; and
iii. Except for exempt antennas described in subsection C-3-c-ii of this
section, for an antenna assembly mounted on a main building, height shall be
measured from existing grade to the maximum height to which the antenna assembly is
capable of being extended, pursuant to the residential building height measurement
methods described in Section 17.02.040 (View preservation and restoration) of this
title.
c. Non-commercial amateur radio antennas shall not be located within any
front yard area, without approval of a variance pursuant to chapter 17.64 (variances) of
this title.
d. The use of antennas for noncommercial purposes shall mean that no
commercial frequency is used for transmission or propagation, that there is no
communication for hire or for material compensation, except as allowed by FCC
regulations, and that all applicable regulations are complied with at all times, including,
without limitation, FCC regulation 97.
3. Antennas Exempt. The following non-commercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an antenna
site plan review application or non-commercial radio antenna permit:
a. The replacement of an existing antenna or antenna support structure with
an outside diameter of three (3) inches or less with a similar antenna or support
structure.
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b. Parabolic dish antennas which are one (1) meter (39.37 inches) or less in
diameter. This exemption shall not apply to parabolic dishes located on a mast which
is greater than twelve (12) feet in height. Freestanding masts shall be measured from
existing adjacent grade. Masts located on a building shall be measured from the point
where the mast meets the roof surface
c. Any combination of two (2) different antenna assemblies from the
following categories:
i. One (1) antenna assembly which is located outside of any required
setback areas and which is sixteen (16) feet or less in height, as measured pursuant to
the residential building height measurement methods described in Section 17.02.040
(View preservation and restoration) of this title.
ii. One (1) building mounted antenna assembly which does not exceed
twelve (12) feet in height, as measured from the point where the antenna assembly
meets the roof surface, and which contains radiating elements, each of which does not
exceed six (6) feet in total length.
iii. One (1) wire antenna assembly consisting of a single flexible wire, with a
diameter not to exceed one-half inch, suspended between two supports, which if man-
made do not exceed forty-one (41) feet in height as measured from adjacent existing
grade, and having a transmission line connected to a receiver and/or a transmitter.
iv. One (1) vertical antenna assembly, located outside of any required
setback areas, consisting of a single pole or mast with a maximum outside diameter of
three (3) inches or less with no guys or horizontal elements located higher than two (2)
feet above the ridgeline of the residence, and which does not exceed forty-one (41) feet
in total height, as measured from adjacent existing grade.
4. Antenna Site Plan Review Approval.
a. Director review. Director approval of an antenna site plan review
application is required for more than two (2) antenna assemblies which are exempt
pursuant to subsection (C)(3) of this section, and for any other non-exempt antenna
assembly which does not exceed forty-one (41) feet in height. The application may be
approved provided the director finds as follows:
i. that adequate provision is made for safety;
ii. that all applicable building code requirements, such as wind load and
seismic design criteria, and development code requirements, such setbacks, are met;
iii. that no more than one non-exempt antenna support structure will be
located on the lot; and
iv. that the placement of the antenna assembly does not significantly impair
a view from any surrounding properties, as defined in Section 17.02.040 (View
preservation and restoration) of this title.
b. Application. The antenna site plan review application shall be made upon
forms provided by the city and shall be accompanied by the following:
i. Two copies of a scaled site plan showing the location of the antenna
assembly, and its relation to property lines, topography and all structures on the
property, and two copies of an elevation drawing showing the proposed height, size,
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dimensions, color and material of the antenna(s) and antenna support structure. If a
building permit is required pursuant to the Uniform Building Code, three copies of the
above plans are necessary;
ii. A typed mailing list of all property owners adjacent to the subject property,
using the last equalized tax roll of the county assessor and any affected homeowners
associations, and a vicinity map identifying all properties included on the mailing list.
iii. A fee, as established by resolution of the city council.
c. Notice. Upon receipt of a complete antenna site plan review application,
the director shall provide written notice of the application to the applicant, adjacent
property owners, any affected homeowners associations and any interested parties.
No sooner than fifteen (15) days after the application notices are mailed, the director
shall make a decision on the application. Notice of the director's decision shall be
provided to the applicant and any interested parties. The director's decision may be
appealed to the planning commission and the planning commission's decision may be
appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of this title.
D. Non-commercial Amateur Radio Antenna Permit. Except for antenna
assemblies which are exempt pursuant to subsection (CO) of this section, antenna
assemblies which exceed forty-one (41) feet in height or which involve the placement of
more than one non-exempt antenna support structure on a lot shall require the
approval of a non-commercial amateur radio antenna permit by the planning
commission.
1. Application. Application for a non-commercial amateur radio antenna
permit shall be made on forms provided by the city and shall include such plans and
documents as may reasonably be required by the director for a complete understanding
of the proposal and a filing fee in an amount established by resolution of the city
council.
2. Notice. Upon receipt of a complete application for a non-commercial
amateur radio antenna permit, the director shall provide written notice of the application
to all owners of a property shown on the last known county assessor tax roll and
homeowner associations located within a radius of five hundred (500) feet of the
external boundaries of the property where the antenna assembly is proposed.
3. Action by Planning Commission. In granting a non-commercial amateur
radio antenna permit, the planning commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs
a view, as defined in section 17.02.040 of the development code, from a surrounding
lot
b. With respect to an antenna assembly that is used for amateur radio
purposes, the degree to which refusing or conditioning the permit would interfere with
the applicant's ability to receive and/or transmit radio signals on amateur frequencies.
In evaluating this criterion the planning commission may establish a maximum height
for the antenna assembly that reasonably accommodates the applicant's ability to
receive and/or transmit radio signals on amateur frequencies and appropriately
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balances that right with the goals of the city's general plan and development code;
c. That adequate provision is made for safety and that all applicable building
code requirements such as wind load and seismic design criteria, and development
code requirements such as setbacks, are met;
d. Appropriate conditions to minimize significant view impairment and to
promote the goals of the general plan and development code, such as:
i. Location restrictions,
ii. Nesting restrictions,
iii. Array size restrictions,
iv. Mass of tower restrictions,
v. Height restrictions, and
vi. Elimination of guy wires.
e. That the following additional findings can be made for approval of more
than one non-exempt antenna assembly:
i. the additional antenna assembly cannot be reasonably located on the
existing antenna assembly;
ii. the additional antenna assembly does not significantly impair a view from
surrounding properties; and
iii. the additional antenna assembly balances the effects on the character of
the neighborhood while reasonably accommodating the radio amateur operator's ability
to transmit and receive radio amateur signals.
4. If the application is granted or conditionally granted, notice of the
planning commission's decision shall be given to the applicant and to all interested
persons. Notice of denial shall be given only to the applicant. The applicant or any
interested person may appeal the planning commission's decision to the city council
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title.
5. The non-commercial amateur radio antenna permit shall be valid only so
long as all conditions imposed are fully complied with, and the antenna structure is
maintained in good repair.
E. Non-commercial non-dish antennas. Building mounted television, FM
radio, or any other similar non-commercial non-dish antennas may be installed and/or
replaced without approval provided the following standards are met:
1. A maximum of two antennas shall be allowed per lot; and
2. The maximum height of the antenna shall not exceed twelve (12) feet, as
measured from the point where the antenna meets the roof surface Antennas which do
not conform to the above standards shall require approval through a site plan review
application pursuant to subsection (C)(4) of this section.
Section 7: Chapter 17.96 (Definitions) of Title 17 of the City of Rancho Palos
Verdes Municipal Code is hereby amended by amending sections 17.96.090, 17.96.100,
17.96.110, 17.96.120 and 17.96.130; and adding sections 17.96.085, 17.96.087, and
17.96.045 as follows:
Ordinance No. 345
Page 13 of 16
17.96.045 Amateur repeater.
"Amateur repeater" means a device used for the simultaneous transmission of
another amateur station's transmissions on a different channel or channels.
17.96.085 Antenna
"Antenna" means a structure consisting of elements that may either receive or
transmit electromagnetic energy.
17.96.087 Antenna Assembly
"Antenna assembly" means the totality of equipment used to support reception
by or transmission from an antenna. It includes the antenna(s), including antennas
used in connection with amateur repeaters, antenna support structure(s), and any
radiating elements, cables, parabolic dishes and mechanical rotators.
17.96.090 Antenna, commercial.
"Commercial antenna" means all antennas, parabolic dishes, relay towers and
antenna support structures used for the transmission or reception of radio, television
and communication signals for commercial purposes. For the purpose of this definition,
"commercial purposes" shall mean communications for hire or material compensation,
or the use of commercial frequencies, as these terms are defined by the Federal
Communications Commission (FCC). "Commercial antennas" shall not include
antennas owned or operated by governmental agencies; and microcell cellular
antennas, owned and operated by state licensed cellular telephone utility companies,
located on existing utility poles within the public right-of-way.
17.96.100 Antenna, non-commercial amateur radio.
"Non-commercial amateur radio antenna" means an antenna or and antenna
support structure used for noncommercial amateur radio operations, as defined by the
Federal Communications Commission (FCC), and where there is no transmission or
propagation on a commercial frequency and where there is no transmission for hire or
for material compensation.
17.96.110 Antenna, satellite dish.
"Satellite dish antenna" means a parabolic reflector or similar antenna with a
parabolic surface, regardless of mounting method, designed solely to receive satellite-
delivered signals.
Ordinance No. 345
Page 14 of 16
17.96.120 Antenna support structure.
"Antenna support structure" means a vertical pole, tower or other vertical
structure used to support one or more antennas. An antenna support structure may be
a guyed or an unguyed independent structure or a structure mounted to an accessory
or main building.
17.96.130 Antenna, television.
"Television antenna" means an antenna designed solely to receive television
signals by the occupant of the property where the antenna is located.
g Y
Section 8: The rights given by any approval granted under the terms of Title 17 of
the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance or
by the County of Los Angeles prior to incorporation of the City are not affected by the
amendments to Title 17 by this ordinance and shall continue in effect until they are
modified, revoked, expire or are otherwise terminated according to the terms of the
approval or the terms of Title 17 as they existed on the day before the effective date of this
ordinance.
Section 9: The rights granted under the terms of Title 17 of the Rancho Palos
Verdes Municipal Code after the effective date of this ordinance shall apply to all
development applications on file with the City which have not received a final decision on
the effective date of this ordinance.
Section 10: Ordinance No. 342U is hereby repealed on the date this ordinance
becomes effective.
Section 11: The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
Ordinance No. 345
Page 15 of 16
PASSED, APPROVED AND ADOPTED this 16th day of March, 1999.
r .7 Aki/f
M 'YOR
ATTEST:
(1.2 A / ' 0°
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, 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 No. 345, passed first reading on March 2, 1999, was duly and regularly adopted
, p 9
by City the Cit Council of said City at a regular meeting thereof held on March 16, 1999, and
that the same was passed and adopted by the following roll call vote:
AYES: BYRD, FERRARO, LYON, MCTAGGART & MAYOR
HOLLINGSWORTH
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
0,1
CITY CLERK
E
Ordinance No. 345
Page 16 of 16
ADDENDUM NO. 2 TO ENVIRONMENTAL ASSESSMENT /NEGATIVE
DECLARATION (EA /ND) No. 694
March 2, 1999
On April 1, 1997, the City Council adopted Resolution No. 97 -25, thereby adopting a
Negative Declaration of Environmental Assessment No. 694 for amendments to Titles
16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration
was circulated for public comment from March 4 through March 24, 1997 and no
substantive comments were received from any persons or responsible agencies. In
adopting the Negative Declaration, the City Council found; 1) that there would be no
significant adverse environmental impacts resulting from the adoption of the
amendments; 2} that many of the amendments were clarifications and minor non -
substantive revisions; and 3) that the substantive amendments would reduce impacts
on the environment since the requirements and regulations governing development in
the City would generally be strengthened, thereby further reducing any adverse impacts
to adj
ORDINANCE N0. 345 !:� P"'
RAS' CHO PALOSVERDESc
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 appointed City Clerk of the City of Rancho Palos Verdes;
That on March 22 , 1999 she caused to be
posted the following document entitled :
ADOPTIPJG AMENDMENTS TO SECTION 17 . 76. 02O(ANTENNAS) and CHAPTER
17, 96 (DEFINITIONS) OF TITLE ,17 OF THE CITY'S MUNICIPAL CODE,
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U. S. Post Office
28649 S. Western Ave. Ladera Linda Community Center
Rancho Palos Verdes 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd. Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd . ,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting .
/ 411.1P
4�L
/ CITY CLERK
•
30940 HAWTHpRNE BOULEVARD / RANCHO PALOS VERDES, CA 90274.5391 / (213) 377.0380