PC RES 1983-001RESOLUTION P.C. NO. 83-1
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING
ADOPTION OF CODE AMENDMENT NO. 16 FOR
REGULATION OF COMMERCIAL ANTENNAE
WHEREAS, the City has initiated Code Amendment No. 16; for commercial
antenna regulations; and
WHEREAS, the Planning Commission has held a public hearing on this
matter on January 25, 1983 at which time all interested parties were given an
opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY RECOMMEND TO THE CITY COUNCIL AS FOLLOWS:
Section 1: That the Code revisions are necessary to correct, clarify
and amend the language of the Code.
Section 2: That a negative declaration was issued for the project.
Section 3: For the foregoing reasons, the Planning Commission of the
City of Rancho Palos Verdes hereby recommends approval of Code Amendment No. 16
pursuant to Exhibit "A" attached.
APPROVED and ADOPTED this 25th day of January, 1983.
Sharon W. Hightower
Director of Planning d
Secretary to the Commission
"EXHIBIT "A"
A DRAFT ORDINANCE OF THE CITY OF RANCHO PALOS VERDES MAKING
REVISIONS TO THE TEXT OF THE DEVELOPMENT CODE TO ESTABLISH
DEVELOPMENT, DESIGN, AND LOCATION REGULATIONS PURSUANT TO
EARTH STATIONS AND COMMERCIAL RADIO, TELEVISION TRANSMISSION,
AND RELAY TOWERS
Section 1: Revision of Existing Sections
Page Chapter
194 16.04.405 "Earth Station" means structures comprising one or
ADD
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.
199 16.04.765 "Microwave" means any electromagnetic signals of
ADD
any frequency 300 megahertz or higher.
200-2 16.04.999 "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.
256 17.18.030 C. Relay towers.
ADD
D. Towers and antennas for the transmission and/or
reception of radio, television, and communication
signals regardless of frequencies.
E. Earth stations.
256 17.20.030
E.
Relay towers.
ADD
F.
Towers and antennas
for the transmission and/or
reception of radio,
television, and communication
signals regardless
of frequencies.
G.
Earth stations.
256-2 17.24.030
D.
Relay towers.
ADD
E.
Towers and antennas
for the transmission and/or
reception of radio,
television, and communication
signals regardless
of frequencies.
F.
Earth stations.
260 17.28.020
E.
Relay towers.
ADD
F.
Towers and antennas
for the transmission and/or
reception of radio,
television, and communication
signals regardless
of frequencies.
G.
Earth stations.
278 17.40.050.
B.
1. Number of antenna
structures are limited to
ADD
two;
2. One master television antenna shall be allowed
in all multiple -family developments (two or
more units) and residential planned developments.
3. Antenna structures which are thirty feet or less
in height are permitted upon application to the
Director of Planning upon the determination
that all Building Code and Development Code
requirements, such as setbacks, are met, the
placement of the antenna minimizes the impact
on the primary view as defined in Section
17.02.040C and upon the finding that adequate
provision is made for safety.
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4. Antenna structures which nest at thirty feet
in height or less and extend to no more than
forty feet in height while in use are permitted
upon application to the Director of Planning
upon the determination that all Building Code
and Development Code requirements, such as
setbacks, are met, the placement of the
antenna structure minimizes the impact on the
primary view as defined in Section 17.02.040C
and upon the finding that adequate provision
is made for safety.
5. Antenna structures which are forty feet or less
in height, with a support pole which does not
exceed two inches in diameter, are permitted upon
application to the Director of Planning upon the
determination that all Building Code and Develop-
ment Code requirements, such as setbacks, are met,
the placement of the antenna structure minimizes
the impact on the primary view as defined in
Section 17.02.0400 and upon the finding that
adequate provision is made for safety.
6. Existing antenna structures with support of two
inches or less may be replaced with a similar
structure without application to the City.
7. Height shall be measured as follows:
a. The height of the structure shall be the
total maximum to which it is capable of being
extended;
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b. For an independent structure or one
mounted on another accessory structure the
height shall be measured from the highest
point of the existing grade to be covered
by the foundation of the structure;
c. For a structure mounted on a main building]
height shall be measured pursuant to
subsection D of Section 17.02.040.
8. Exceptions.
a. Antenna structures over thirty feet except
as set forth in subsections B4 and B5 of
this section may be permitted with a minor
exception permit pursuant to Chapter 17.62,
except that notification shall be to all
property owners within five hundred feet
of the subject lot. In determining
whether to grant permission to construct
an antenna structure over forty feet in
height, the Director shall consider;
i. The extent to which the proposed
antenna structure interferes with a
primary view as defined in the Develop-
ment Code of lot or lots within five
hundred feet of the subject lot or
substantially has an adverse effect on
the value of neighboring properties;
and
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ii. The degree to which refusing such permit
interferes with the right of free speech.
In evaluating this criteria the Director
may establish a maximum height for the
antenna structure which appropriately
balances the applicant's right of free
speech with the goals of the City's
General Plan and Development Code.
In granting a minor exception permit the Director
shall impose appropriate conditions to minimize
view obstruction and promote the goals of the
General Plan and Development Code, such as, but
not limited to, conditions pertaining to:
(A) Location,
(B) Crank up -down (nesting),
(C) Array size,
(D) Mass of tower,
(E) Maximum height permitted,
(F) Elimination of guy wires.
b. The minor exception permit shall be valid only
so long as all conditions imposed are fully
complied with, the antenna structure is
maintained in good repair, and the applicant
resides on the property described in the
application.
c. Earth stations will be considered accessory
structures in residential districts pursuant
A
to 17.40.050.C. Earth stations must
conform to Section 17.40.050.B.1.
279 17.40.050 C. Building height. Unless determined to be a part
ADD
of the main building, decks, playhouses, detached
garages, pools or bathhouses, dressing rooms, saunas,
jacuzzi and pool enclosures, gazebos, earth
stations or any structures........
293 17.48.020 B. In all multiple -family developments (two or more
DELETE
units) and residential planned developments, only one
master television antenna shall be allowed.
312 17.56.020 C. Commercial antenna towers.
ADD
D. Development of natural resources, except In the
Coastal Specific Plan District;
E. Educational uses, private, including nursery
schools and day nurseries;
F. Golf courses and driving ranges;
G. Governmental facilities;
H. Helistops;
I. Hospitals, sanitariums, nursing homes, rest homes,
homes for the aged, homes for children and homes
for mental patients;
J. Public utility structures;
K. Recreational facilities; and
L. Such similar uses as the Planning Commission may
deem to be similar and equally essential to the
public welfare. If in the Coastal Specific Plan
A
District, the Executive Director of the California
Coastal Commission must also determing that the
uses are similar and compatible with the Local
Coastal Program. (Ord. 149 Sll, 1982: Ord. 117
S2, 1979; Ord. 75-78 (part), 1975).
313 17.56.050 C. Conditional use permit revisions for master tele -
ADD
vision antennae in multiple -family developments and
residential planned developments do not require a
public hearing.
D. Not more than forty days following said hearing,
the Planning Commission shall announce its find-
ings by formal resolution. Said resolution shall
recite the findings of the Commission and set
forth the conditions deemed necessary to protect
the health, safety and welfare of persons residing
in the neighborhood and in the community as a
whole. (Ord. 90 S6 (part), 1977; Ord. 75-78
(part), 1975).
Section 2: Amendment to Code
Chapter 17.41 - Commercial Radio, Television Transmission and Relay Towers
Sections:
17.41.010 Purpose
17.41.020 Site size and tower setbacks
17.41.030 Guy setback
17.41.040 Required sharing of new towers
17.41.050 Visual impact
17.41.060 Maintenance impacts
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17.41.070 Parking
17.41.080 Landscaping
17.41.090 Accessory uses
17.41.100 Agency coordination
17.41.110 Requirements for an application
17.41.120 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.
17.41.020 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.
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D. For a guyed tower, the tower setback must be sufficient to
provide for the guy anchor setback as stated in 17.41.030.
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.
17.41.030 Guv 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 17.41.020. 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.
17.41.040 Required Sharing of New Towers
All new towers shall be designed to structurally accommodate the
maximum number of additional users consistent with Section 17.41.050, 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.
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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 17.41.050,
17.41.060, 17.41.070, 17.41.090, 17.41.100, and 17.41.110.0 are met.
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.
17.41.050 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.
17.41.060 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 fre-
quency of service, personnel needs, equipment needs, and traffic noise or
safety impacts of such maintenance.
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17.41.070 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
requirements.
17.41.080 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.
17.41.090 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.
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17.41.100 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.
17.41.110 Requirements for an Application
An application for approval of a commercial radio, television
transmission or relay tower shall contain at least the following informa-
tion 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 17.41.020 and 17.41.030.
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.
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B. Landscape plan to scale indicating size, spacing and type of
plantings as required in 17.41.080.
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. A cross-section of the tower structure shall be
included.
proposed antenna.
2. Power output and operating frequency for the
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.
D. Statements from the Federal Aviation Agency (FAA) and Federal
Communications Commission (FCC) that the standards of 17.41.100 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.
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S
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 17.41.060.
17.41.120 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:
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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.
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