CC SR 20201006 01 - Antenna Code Amendment
PUBLIC HEARING
Date: October 6, 2020
Subject:
Consideration and possible action to amend Sections 17.76.020(C) (Noncommercial Amateur Radio
Antennas) and (D) (Noncommercial Amateur Radio Antenna Permit) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC) to
update the regulations and review procedures for noncommercial amateur radio antennas (Case No.
PLCA2020-0003).
Recommendation:
1) Adopt Ordinance No. _____U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D)
(NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
2) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D)
(NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO UPDATE THE REGULATIONS AND REVIEW PROCEDURE FOR
NONCOMMERCIAL AMATEUR RADIO ANTENNAS.
1. Report of Notice Given: Deputy City Clerk
2. Declare Public Hearing Open: Mayor Cruikshank
3. Request for Staff Report: Mayor Cruikshank
4. Staff Report & Recommendation: Jaehee Yoon, Associate Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Cruikshank
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
01203.0005/665194.1
CITY COUNCIL MEETING DATE: 10/06/2020
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to amend Sections 17.76.020(C) (Noncommercial
Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio Antenna Permit) of
Chapter 17.76 (Miscellaneous Permits and Standards) of Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code (RPVMC) to update the regulations and review
procedures for noncommercial amateur radio antennas (Case No. PLCA2020-0003).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. _____U, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL
AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR
RADIO ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS
AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
(2) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL
AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR
RADIO ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS
AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO UPDATE THE REGULATIONS AND REVIEW
PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO ANTENNAS.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Associate Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Urgency Ordinance No.__U (page A-1)
B. Ordinance No.__ (page B-1)
C. Draft Ordinance with Strikeouts and Bold/Italics (page C-1)
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D. Planning Commission Resolution No. 2020-14 (page D-1)
E. Sections 17.76.020(C) & (D) of the RPVMC (page E-1)
F. Public Comment (page F-1)
To view the July 28, August 25, and September 22, 2020 Planning Commission staff
reports, click on the following links:
July 28 (includes March 4, and April 7, 2020 City Council staff reports):
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3706&meta_id=84912
August 25:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3717&meta_id=85801
September 22:
https://rpv.granicus.com/MetaViewer.php?view_id=5&event_id=1839&meta_id=86584
BACKGROUND:
Section 17.76.020 (Antennas) of the Rancho Palos Verdes Municipal Code (RPVMC)
regulates the placement of commercial and noncommercial antennas on private
property within the City. Commercial antennas are those that are used for the
transmission or reception of radio, television, and commun ication signals for commercial
purposes. Noncommercial amateur radio antennas are radio operations, as defined by
the Federal Communications Commission (FCC), where there is no transmission or
propagation on a commercial frequency and where there is no transmission for hire or
for material compensation.
On April 11, 1983, Ordinance No. 166 was adopted to establish the City’s first antenna
ordinance to regulate the development, design, and location of commercial antennas.
On April 5, 1988, Ordinance No. 226 was adopted to amend the relevant code section
to incorporate additional regulations consistent with the FCC and to ensure satellite dish
antennas are installed in a manner minimizing visual impacts.
On March 22, 1999, Ordinance No. 345 was adopted t o amend RPVMC Section
17.76.020 and Chapter 17.96 (Definitions) to update the development standards and
regulations for commercial antennas and to include provisions for regulating
noncommercial amateur radio antennas, both of which have since served as th e
regulatory framework in reviewing antenna applications to date.
On March 11, 2002, Urgency Ordinance No. 374U was adopted to amend RPVMC
Section 17.76.020(C)(3)(c)(ii) to update the regulations of building-mounted
noncommercial amateur radio antennas and support structures which can be erected
without a permit from the City.
On November 15, 2011, Ordinance No. 529 was adopted to amend RPVMC Section
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17.76.020(A)(11) to add two new requirements for commercial antenna applications,
including the submittal of photographic simulations and the installation of mock-ups.
On March 4, 2020, the City Council adopted Urgency Ordinance No. 632U, which
imposed a temporary, 45-day moratorium on the establishment, expansion, or
modification of noncommercial amateur radio antennas associated with RPVMC
Sections 17.76.020(C) (Noncommercial amateur radio antennas) and (D)
(Noncommercial amateur radio antenna permit). In addition, the City Council initiated
code amendment proceedings to amend the aforementioned RPVMC sections to
update the regulations and review procedures for noncommercial amateur radio
antennas. As amendments were proposed to Title 17 (Zoning), the process required
that the Planning Commission review the proposed code language and forward a
recommendation to the City Council for its consideration.
On April 7, 2020, the City Council adopted Urgency Ordinance No. 634U, extending the
moratorium period enacted by interim Urgency Ordinance No. 632U by an additional 10
months and 15 days to allow Staff adequate time to research and prepare code
amendment proceedings to amend the aforementioned code sections. This urgency
ordinance expires on March 3, 2021.
Since then, Staff worked with the Planning Commission’s Zoning Code Update
Subcommittee (Commissioners Hamill, Chura, and Saadatnejadi) and the City
Attorney’s Office to develop a working draft of the proposed c ode amendment. The
primary focus of the draft language considered updating the existing regulations to
ensure that proposed noncommercial amateur radio antennas are aesthetically
compatible with surrounding uses, and that antennas and associated structures will not
adversely alter the visual character of the surrounding areas.
After considering all testimony at duly-noticed public hearings on July 28, August 25,
and September 22, 2020, the Planning Commission adopted P.C. Resolution
No. 2020-14 (Attachment D), recommending that the City Council adopt an ordinance
amending Sections 17.76.020(C) (Noncommercial amateur radio antennas) and (D)
(Noncommercial amateur radio antenna permit) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 (Zoning) of the RPVMC to update the regulations
and review procedures for noncommercial amateur radio antennas. It should be noted
that during the September 22 Planning Commission meeting, the Planning Commission
revised the draft ordinance and recommends adoption thereof, which maintains the
Director’s authority to review proposed antennas above 16 feet in height up to a
maximum height of 41 feet, and continuing the Planning Commission’s review of
antennas above 41 feet in height. This took into consideration the burden of cost
associated with the application fee and submittal requirements in comparison to costs
related to purchasing and installing the antenna assembly itself. In addition, the
Planning Commission added a new provision to the draft ordinance, which restricted the
transferability of noncommercial amateur radio antenna permits in that the entitlement
will be nontransferable upon sale or transfer of the property on which the antenna was
permitted.
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DISCUSSION:
Summary of Proposed Code Amendments
Chapter 17.76 (Miscellaneous Permits and Standards) of the RPVMC includes several
permit and development standards for specific applications that can be applied to
various zoning districts. The provisions within Chapter 17.76 include, but are not limited
to, regulations related to parking lots, grading, fence/wall/hedges, signs, extreme
slopes, and antennas. Sections 17.76.020(C) and (D) of the RPVMC regulate the
placement of noncommercial amateur radio antennas on private property within the
City.
The proposed code amendment includes new provisions related to visual impacts,
application requirements, and the application review process. A clean version of the
Planning Commission-recommended draft ordinance (with no track changes) has been
attached to this report (Attachment B) with a strikethrough version with track changes
(Attachment C). The Planning Commission-recommended code amendments are
summarized in italics below, followed by a discussion of each recommended
amendment.
1. Clarify existing regulations and add additional provisions for noncommercial
amateur radio antennas (Section 17.76.020(C)(2))
The existing code includes general regulations for noncommercial amateur radio
antennas such as height measurements and prohibited use of commercial frequency.
The proposed code amendment rephrases legal nonconforming antennas, supplements
existing code provisions, and introduces additional regulations for noncommercial
amateur radio antennas, which focus on placement and design. With respect to
placement, noncommercial amateur radio antennas will be required to comply with the
City’s View Ordinance and setbacks, while the design requirements will regulate the
structure type, signage, aesthetics, and retracting of antennas when not in use to
minimize visual impacts.
2. Expand application requirements and findings for noncommercial amateur radio
antennas (Section 17.76.020(C)(4) & (D)(1)&(3))
The current noncommercial amateur radio antenna application requires submittal of
plans, mailing labels, and a fee. The code amendment proposes to enhance application
requirements that would include an expansion of public notice requirements from
adjacent property owners to a 500-foot radius from the project site, and documentation
that demonstrates and certifies that the proposed antenna will comply with all FCC
regulations related to radio frequency emissions and interference. In addition, the
applicant will be required to either construct a temporary silhouette or provide photo
simulations of the proposed project, in lieu of a mock-up to serve as a visual aid for staff
and the public to further assess antenna impacts.
In considering the merits of a noncommercial amateur radio antenna, the code currently
requires the Director or the Planning Commission to consider findings that involve
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safety, building code requirements, and view impacts. In terms of additional findings
proposed in the draft ordinance, specific language has been included to find that the
antenna has been designed and situated in such a manner so as to minimize visual
impacts to the greatest extent practicable, while accommodating an operable antenna
on the project site.
3. Allow flexibility for noncommercial amateur radio antennas that meet state and
federal law (17.76.020(E))
Staff researched noncommercial amateur radio antenna regulations in other Peninsula
cities, as well as the City of Malibu. Based on this research, Staff found that the
proposed code amendment will result in more restrictive regulations than these cities, if
adopted, in terms of the application requirements and review procedures. Due to the
many variables that the City must consider when reviewing an application and applying
the regulations of the proposed amendment, a new provision has b een added to ensure
that the City will enforce Sections 17.76.020(C) and (D) of the RPVMC only to the
extent that it does not violate applicable federal and state laws. By doing so, the City
intends to reasonably balance the needs of an applicant seeking a permit to install an
operable noncommercial amateur radio antenna while also protecting the general public
health, safety, and welfare as well as upholding the goals and policies of the City’s
General Plan.
In summary, the proposed code amendments are not intended as a comprehensive
overhaul of the existing noncommercial radio antenna section of the code
(Attachment E), but rather to supplement existing language with additional procedural
and application requirements that consider visual impacts of noncommercial amateur
radio antennas.
Urgency Ordinance
Government Code Section 36937 states that an urgency ordinance becomes effective
immediately if the City Council finds, by a four-fifths vote, that an urgency ordinance is
needed for the immediate preservation of the public peace, health, or safety, and
contains a declaration of the facts constituting the urgency. The urgency of the
ordinance is to preclude a current and immediate threat to public safety, health, and
welfare posed by an existing moratorium on issuing permits or other entitlements for
noncommercial amateur radio antennas associated with Sections 17.76.020(C) and (D)
of the RPVMC. Specifically, the noncommercial antenna ordinance has not been
updated since 2002 to address the City’s concerns including, but not limited to, visual
impacts and inconsistencies with the City’s General Plan. As such, lifting the
moratorium on noncommercial amateur radio antennas in a timely manner is necessary
if the City Council finds that the proposed draft ordinance meets the goals and
objectives of the City as initiated at its March 4 meeting. It is recognized that
noncommercial amateur radio antennas can be a means for emergency
communications, and therefore, have the potential to provide a valuable communication
tool to the City and the general public. Hence, an urgency ordinance (Attachment A) to
immediately adopt the proposed code amendments related to noncommercial amateur
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radio antennas is warranted given the long time lapse since the last update to the
ordinance and the current COVID-19 pandemic.
General Plan and Coastal Specific Plan Consistency
Based on the discussion above, Staff and the Planning Commission determined that the
proposed code amendments are consistent with the City’s General Plan and Coastal
Specific Plan in that it upholds, and does not hinder, the goals and policies of those
plans. Specifically, the proposed amendment will not impact public access to the coa st
nor obstruct the use of the public paths and trails as development of noncommercial
amateur radio antennas will occur on private property. In addition, compatibility
measures and provisions encouraging the minimization of the visual impacts associated
with noncommercial amateur radio antennas are being proposed as part of the
amendment.
ADDITIONAL INFORMATION:
Public Notice
On September 20 and 24, 2020, a public notice was published in the Daily Breeze and
the Palos Verdes Peninsula News, respectively, providing notification of the City
Council’s consideration of proposed amendments to the non-commercial amateur radio
antenna ordinance at its October 6, 2020, meeting. It should be noted that the public
notice inadvertently omitted any reference to an urgency ordinance which does not
require public notification. As of the date that this report was completed, Staff has
received one correspondence in response to the public notice (Attachment F). The
email comment raised questions on the difference between a Director and a Planning
Commission review application other than the height threshold , applying setback
requirements for exempt antennas and using “antenna assembly” instead of “antenna”
in the ordinance; and additional requirements for photo simulations. As discussions with
the City Attorney’s office is necessary to address the public comment adequately, no
responses have yet been provided. However, Staff will consider the comments and
reach out to the interested party as soon as it becomes available.
Environmental Assessment
Pursuant to the provisions of the California Environmental Quality Act, Public Resources
Code Sections 2100 et. seq. (CEQA), the State’s CEQA Guidelines, California Code of
Regulations, Title 14, Section 150000 et. seq., the City’s Local CEQA Guidelines, and
Government Code §65962.5(f) (Hazardous Waste and Substances Statement), it has
been determined that the proposed urgency ordinance is exempt from CEQA because:
(a) This ordinance is not a project within the meaning of CEQA Section 15378
because it has no potential for resulting in physical change to the environment,
either directly or indirectly;
(b) This ordinance is also exempt pursuant to CEQA Section 15061(b)(3) since the
proposed ordinance involves an urgency ordinance adopting code amendments
that do not have the potential to significantly impact the environment; and ,
6
(c) This ordinance is an administrative procedure related to uses, facilities, and
regulations identified in the RPVMC and General Plan, and given that the
proposed ordinance is not related to a specific project, the ordinance:
(i) by virtue of the location of affected improvements, will not impact a
sensitive environmental resource of hazardous or critical concern;
(ii) will not have a cumulative impact on the environment through successive
projects of the same type, in the same place, over time;
(iii) does not have any unusual circumstances that will have a significant effect
on the environment;
(iv) does not impact a scenic highway;
(v) is not located on a hazardous waste site; and,
(vi) will not adversely impact a historical resource.
Furthermore, the proposed code amendments to Sections 17.76.020(C) and (D) of the
RPVMC are exempt from CEQA pursuant to Section 15061(b)(3) because they consist
only of minor revisions and clarifications to an existing zoning code and will not have the
effect of deleting or substantially changing any regulatory standards or findings. The
proposed amendments do not have the potential to cause significant effects on the
environment, but rather will supplement the regulations and review procedures
established in the City’s Municipal Code that do not have the potential to cause
significant effects on the environment. Therefore, adoption of this ordinance is also not
subject to CEQA.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not adopt the urgency ordinance and only introduce on first reading the
ordinance for proposed code amendments to RPVMC Sections 17.76.020(C)
(Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur
Radio Antenna Permit).
2. Provide Staff with further input to consider in the draft ordinance for reintroduction
at a future meeting.
3. Take no action at this time.
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ORDINANCE NO. ____U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR
RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO
ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS
AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF
WHEREAS, Section 17.76.020 (Antennas) of the Rancho Palos Verdes Municipal
Code (RPVMC) regulates the placement of commercial and noncommercial ant ennas
within the City. Commercial antennas are those that are used for the transmission or
reception of radio, television, and communication signals for commercial purposes, and
noncommercial amateur radio antennas are radio operations, as defined by the Federal
Communication Commission (FCC), where there is no transmission or propagation on a
commercial frequency and where there is no transmission for hire or for material
compensation; and
WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the
City’s first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the
development, design, and location of commercial antennas; and
WHEREAS, on March 22, 1999, Ordinance No. 345 amended Section 17.76.020
of the RPVMC to include provisions for regulating noncommercial amateur radio
antennas; and
WHEREAS, on March 11, 2002, Urgency Ordinance No. 374U was adopted to
amend Section 17.76.020(C)(3)(c)(ii) to update the regulations of building-mounted
noncommercial amateur radio antennas and support structures which can be erected
without a permit from the City; and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment,
expansion, or modification of noncommercial amateur radio antennas associated with
Sections 17.76.020(C) and (D) in order to review, research, and initiate code
amendments to the aforementioned sections to update the regulations and review
procedures for noncommercial amateur radio antennas so as to be compatible with the
neighborhoods where they are erected; and
WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance
No. 634U, to extend the moratorium period enacted by interim urgency ordinance No.
632U by an additional 10 months and 15 days, to allow Staff adequate time to research
and prepare code amendment proceedings; and
A-1
WHEREAS, Government Code Section 36937 expressly authorizes the City
Council to adopt an urgency ordinance for the immediate preservation of the public peace,
health, or safety, if the ordinance is approved by four-fifths of the City Council. To this
end, this urgency ordinance is adopted for the immediate preservation of the public
peace, health, and safety, given the long time lapse since the last update to the
noncommercial antenna ordinance and the current COVID-19 pandemic in which
noncommercial amateur radio antennas have the potential to provide a valuable
emergency communication tool to the City and the general public; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. (“CEQA”), the State’s CEQA Guidelines,
California Code of Regulations, Title 14, §15000 et. seq., the City’s Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), it has been determined that the proposed urgency ordinance is
exempt from CEQA because (a) this ordinance is not a project within the meaning of
CEQA §15378 because it has no potential for resulting in physical change to the
environment, either directly or indirectly; (b) this ordinance is also exempt pursuant to
CEQA §15061(b)(3) since the proposed ordinance involves an urgency ordinance
adopting code amendments that do not have the potential to significantly impact the
environment; and (c) as the ordinance is an administrative procedure related to uses,
facilities, and regulations identified in the RPVMC and General Plan, and given that the
proposed ordinance is not related to a specific project, the ordinance (i) by virtue of the
location of affected improvements, will not impact a sensitive environmental resource of
hazardous or critical concern; (ii) will not have a cumulative impact on the environment
through successive projects of the same type, in the same place, over time; (iii) does not
have any unusual circumstances that will have a significant effect on the environment;
(iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and
(vi) will not adversely impact a historical resource; and
WHEREAS, all legal prerequisites to the adoption of the urgency ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Authority and Effect
A. The State Planning and Zoning Law, Government Code Section 65000 et
seq., broadly empowers the City to plan for and regulate the use of land in order to provide
for orderly development, the public safety, health, and welfare, and a balancing of
property rights and the desires of the community and how its citizens envisions their city.
Section 2. Findings
The City Council of the City of Rancho Palos Verdes hereby finds, determines, and
declares that:
A-2
A. Subsections (C) (Noncommercial amateur radio antennas) and (D)
(Noncommercial amateur radio antenna permit) of 17.76.020 (Antennas) of the RPVMC
governs the use and permitting of noncommercial amateur radio antennas on private
property. These provisions were adopted in 1999 pursuant to Ordinance No. 345, and
since have not been comprehensively reviewed for updates until a moratorium was
imposed pursuant to Urgency Ordinance No. 374U, in order to address potential impacts
associated with noncommercial amateur radio antennas in the City’s residential zoning
districts.
C. The City Council recognizes that the City must reasonably accommodate
amateur communications and enact the “minimum practicable regulation to accomplish
the state or local authority's legitimate purpose,” 47 C.F.R. Section 97.15(b), and that the
City can zone for height, safety, and aesthetics concerns, but its restrictions must not be
overly restrictive.
D. The City Council finds that the proposed draft ordinance amending Sections
17.76.020(C) and (D) of the RPVMC meets the goals and objectives of the City as initiated
at its March 4th meeting, in that visual impacts, compatibility with the surrounding uses,
compliance with FCC regulations, and consistency with the City’s General Plan have
been taken into consideration.
E. The City Council wishes to immediately adopt the proposed code
amendment in Exhibit “A” attached hereto, and thereby lift the moratorium on the
establishment, expansion, or modification of any amateur radio antenna s within the City
as noncommercial amateur radio antennas have become a means for emergency
communication under the current COVID-19 pandemic, in which the updated regulations
should be implemented in a timely manner.
Section 3. Urgency Measure
The City Council finds that there is a current and immediate threat to public safety, health,
and welfare posed by the existing noncommercial antenna regulations, in that the
ordinance has not been updated for nearly two decades, and hence, is necessary for the
City to immediately adopt the proposed draft ordinance. In addition, noncommercial
amateur radio antennas are a valuable communication tool to the City and the general
public in times of emergency. The moratorium imposed on noncommercial amateur radio
antennas pursuant to Urgency Ordinance No. 374U is no longer necessary if the
proposed draft ordinance is adopted, which allows processing applications related to
Sections 17.76.020(C) and (D) of the RPVMC without further delay .
Section 4. Severability
The City Council hereby declares, if any provision, section, subsection, paragraph,
sentence, phrase or word of this ordinance is rendered or declared invalid or
unconstitutional by any final action in a court of competent jurisdiction or by reason of any
A-3
preemptive legislation, then the City Council would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of
this ordinance and as such they shall remain in full force and effect.
Section 5. Publication
The City Clerk shall certify as to the passage and adoption of this urgency
ordinance and shall cause the same to be published in a manner prescribed by law.
Section 6. Effectiveness of Ordinance
This Ordinance shall take effect immediately, p ursuant to the authority conferred
upon the City Council by Government Code Section 36937.
PASSED, APPROVED and ADOPTED this __ day of _____ 2020, by a four-fifths
vote of the entire City Council.
________________________________
John Cruikshank, Mayor
ATTEST:
_______________________________
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole numbers of the City Council of said City is five; that the foregoing Ordinance
No. ___U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on _________, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Emily Colborn, City Clerk
A-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL
AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL
AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO UPDATE THE REGULATIONS AND REVIEW
PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO
ANTENNAS
WHEREAS, the City regulates the installation of noncommercial amateur radio
antennas pursuant to Sections 17.76.020(C) and (D) of the Rancho Palos Verdes
Municipal Code (RPVMC); and
WHEREAS, the City desires to update Sections 17.76.020(C) and (D) to ensure
antenna structures are aesthetically compatible with surrounding uses that will not
adversely alter the visual character of the surrounding area, and are consistent with the
goals and policies of the City’s General Plan; and
WHEREAS, Government Code Section 36937 expressly authorizes the City
Council to adopt an urgency ordinance for the immediate preservation of the public peace,
health, or safety, if the ordinance is approved by four-fifths of the City Council; and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment,
expansion, or modification of noncommercial amateur radio antennas associated with
Sections 17.76.020(C) and (D) in order to review, research, and initiate code amendments
to the aforementioned sections to update the regula tions and review procedures for
noncommercial amateur radio antennas so as to be compatible with the neighborhoods
where they are erected; and
WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance
No. 634U, to extend the moratorium period enacted by interim Urgency Ordinance No.
632U by an additional 10 months and 15 days, to allow Staff adequate time to research
and prepare code amendment proceedings; and
WHEREAS, on July 28, 2020, the Planning Commission held a duly-noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the
Planning Commission, Staff, and interested parties. The item was continued to
August 25, 2020, and subsequently to September 22, 2020, to allow Staff additional time
to incorporate the input received and reach out to interested parties for comments on the
revised draft ordinance; and
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WHEREAS, on September 20 and 24, 2020, a public notice was published in the
Daily Breeze and the Palos Verdes Peninsula News, respectively, providing a notice of a
public hearing before the City Council on October 6, 2020; and
WHEREAS, on September 22, 2020, the Planning Commission held a duly-noticed
public hearing, and adopted P.C. Resolution No. 2020-14, recommending that the City
Council adopt this Ordinance; and
WHEREAS, on October 6, 2020, the City Council conducted a duly noticed public
hearing on this Ordinance, and all testimony was received was made a part of the public
record; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2020-14, written staff
reports, and any testimony provided at the public hearing; and
WHEREAS, the City’s standards constitute “the minimum practicable regulations”
to accomplish the City’s legitimate purpose and will “reasonably accommodate amateur
radio service communications and allow those structures to be erected at heights and
dimensions sufficient to accommodate amateur radio service communication per
California Government Code Section 65850.3 and Section 97.15 of the Title 47 of the
Code of Federal Regulations; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance that Sections 17.76.020(C)
(Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio
Antenna Permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Title
17 (Zoning) of the RPVMC be amended to update the development standards for
noncommercial amateur radio antennas.
Section 2. The proposed code amendment to Title 17 adopted he rein is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it uph olds,
and does not hinder, the goals and policies of those plans.
Section 3. Sections 17.76.020(C) (Noncommercial Amateur Radio Antennas) and
(D) (Noncommercial Amateur Radio Antenna Permit) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 (Zoning) of the RPVMC is hereby amended as follows:
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“17.76.020 – Antennas.
…
C. Noncommercial Amateur Radio Antennas.
1. Applicability. This subsection C regulates noncommercial amateur radio
antennas that are affixed to real property and antennas that are located on vehicles
parked on lots which exceed sixteen feet 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. This subsection does not regulate
hand held antennas or antennas located on vehicles parked on lots which are
sixteen 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 installation, erection and/or replacement of
noncommercial 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 noncommercial
amateur radio antenna permit application.
a. Antenna assemblies which meet the following criteria shall be
considered legal nonconforming: i) 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 ii)
existing as of the effective date of this code.
b. Antenna assembly height shall be measured as follows:
i. The height of the antenna assembly shall include the
antenna(s) support structure and shall be the maximum to which it is
capable of being extended;
ii. For a ground mounted 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 or an accessory structure, 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.
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c. Noncommercial 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 Federal Communications Commission (FCC) regulations, and
that all applicable regulations are complied with at all times, including,
without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not
include oil derrick style structures and no structures with guy wires shall be
used or constructed, except as provided for in this Section.
f. No signage shall be allowed on any noncommercial amateur radio
antenna assembly, except for requisite safety text and other labeling
required by law.
g. A noncommercial amateur radio antenna assembly shall comply
with all City, State and Federal laws including the City’s view preservation
requirements in Section 17.02.040.
h. A noncommercial antenna assembly subject to this Section shall
not be any closer to the property line than the required minimum side and
rear yard setbacks for the subject lot without written City approval which
shall take into consideration the site specific conditions.
i. All antennas capable of being retracted and extended shall be
retracted to its minimum size and height when not in use or retracted as
required in any conditions of approval issued by the City .
j. Each noncommercial amateur radio antenna shall be of a color or
painted to minimize its reflectivity and blend with its surroundings as much
as possible.
k. Upon the sale or transfer of the subject property any permit issued
under this section shall not be transferable to any other person including a
new property owner.
3. Antennas Exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
antenna Site Plan Review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support
structure with an outside diameter of three inches or less with a similar
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antenna or support structure.
b. Parabolic dish antennas which are one 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 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 different antenna assemblies from the
following categories:
i. One antenna assembly which is located outside of any
required setback areas and which is sixteen 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 building mounted antenna assembly, located outside
of any required setback areas, which does not exceed twelve 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 feet in total length. If the antenna
assembly is mounted onto the roof, or if any portion of the antenna
assembly projects above the roofline, not more than one antenna
may be affixed to antenna support structure.
iii. One 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
feet in height as measured from adjacent existing grade, and located
outside of any required setback areas.
iv. One vertical antenna assembly, located outside of any
required setback areas, consisting of a single pole or mast with a
maximum outside diameter of three inches or less with no guys or
horizontal elements located higher than two feet above the ridgeline
of the residence, and which does not exceed forty-one 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 antenna assemblies which are
exempt pursuant to subsection (C)(3) of this Section, and for any other
nonexempt antenna assembly which does not exceed forty-one feet in
height. The application may be approved provided the Director finds as
follows:
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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 nonexempt antenna support
structure will be located on the lot;
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;
and,
v. That the antenna assembly shall be designed to
minimize the visual impact to the greatest extent feasible by means of
placement, screening, camouflaging, painting and texturing and to be
compatible with existing architectural elements, building materials and
other site characteristics. The applicant shall use th e smallest and
least visible antennas possible to accomplish the coverage
objectives.
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, vertical and horizontal
components, dimensions, color and material of the antenna(s) and
antenna support structure. If a building permit is required pursuant to
the California Building Code, three copies of the above plans are
necessary;
ii. A typed mailing list of all property owners within a five
hundred-foot radius 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.
iv. Documentation demonstrating that the antenna assembly
will comply with all other FCC standards related to radio
frequency emissions in OET Bulletin 65, Supplement B. Said
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documentation shall state if the antenna is categorically exempt
or demonstrate compliance with the standards of OET Bulletin
65.
v. The applicant shall certify that the proposed antennas and
installation, comply with FCC regulations related to interference
and in the event the interference occurs, the applicant will take all
steps necessary to resolve the same.
vi. The applicant shall, as part of the application, construct at
the applicant's expense, a mock-up of the proposed antenna at
the proposed location. Said mock up shall be the same size and
dimensions as the proposed antenna. The mock-up shall be
coordinated under the direction of the Director or his/her
designee. Once constructed, the silhouette shall be certified by a
licensed engineer on a form provided by the City. In the
alternative, the applicant may submit a photo simulation depicting
the proposed antenna in size, height and dimensions, as required
by the City to depict the proposed antenna as it would appear
from the surrounding area.
c. Notice. Upon receipt of a complete antenna Site Plan Review
application, the Director shall provide written notice of the application to the
applicant, property owners within a five hundred-foot radius, any affected
homeowners associations and any interested parties. No sooner than fifteen
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, adjacent property owners, any affected
homeowners associations, 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. Noncommercial Amateur Radio Antenna Permit. Except for antenna
assemblies which are exempt pursuant to subsection (C)(3) of this Section, antenna
assemblies which exceed forty-one feet in height or which involve the placement of more
than one nonexempt antenna support structure on a lot shall require the approval of a
noncommercial amateur radio antenna permit by the Planning Commission.
1. Application. Application for a noncommercial 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 , including submittal
requirements for the antenna Site Plan Review application in subsection (4)(b), 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 noncommercial
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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 feet of the
external boundaries of the property where the antenna assembly is proposed.
3. Action by Planning Commission. In granting a noncommercial 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 developm ent 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 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. That the antenna assembly shall be designed to minimize the
visual impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting, and texturing and to be compatible with
existing architectural elements, building materials and other site
characteristics. The applicant shall use the smallest and least visible
antennas possible to accomplish the coverage objectives;
e. Appropriate conditions to minimize significant view impa irment
and to promote the goals of the general plan and development code, such
as, but not limited to:
i. Location restrictions,
ii. Nesting restrictions,
iii. Array size restrictions,
iv. Mass of tower restrictions,
v. Height restrictions,
vi. Elimination of guy wires,
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vii. Addition of guy wires, if in the opinion of the Planning
Commission allowing guy wires would minimize the aesthetic
impacts,
vii. Screening or camouflaging requirements, provided said
requirements have not been shown to be cost prohibitive by
the applicant, in which case a less costly alternative shall be
imposed, and
viii. Compliance with any or all applicable regulations listed in
subsection 17.76.020(C)(2) above.
f. That the following additional findings can be made for approval of
more than one nonexempt 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 noncommercial 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. State and Federal Law. The implementation of this Section and decisions on
applications for placement of Noncommercial Amateur Radio Antennas shall, at a
minimum, ensure that the requirements of this Section are satisfied, unless it is
determined that the applicant has established that denial of an application would, within
the meaning of federal law, prohibit or effectively prohibit use of the Noncommercial
Amateur Radio Antenna, or otherwise violate applicable laws or regulations including but
not limited to California Government Code section 65850.3 and section 97.15 of the Title
47 of the Code of Federal Regulations. If that determination is made, the requirements of
this Section may be waived, but only to the minimum extent required to avoid the
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prohibition or violation. If an applicant contends that denial of the application would
prohibit or effectively prohibit the use of the antenna in violation of federal law, or
otherwise violate applicable law, the application must provide all information on which the
applicant relies on in support of that claim.
Section 4. This ordinance is exempt from the California Environmental Quality
Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions
and clarifications to an existing zoning code and will not have the effect of deleting
or substantially changing any regulatory standards or findings. The proposed ordinance
is an action that does not have the potential to cause significant effects on the
environment, but rather will supplement the regulations and review procedure established
in the City’s Municipal Code.
Section 5. If any s ection, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code Section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code Section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
Section 7. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
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PASSED, APPROVED AND ADOPTED this ___ day of _____, 2020.
John Cruikshank, Mayor
Attest:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, 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. passed first reading on____________, 2020, was duly adopted by the
City Council of said City at a regular meeting thereof held on ________, 2020, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL
AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL
AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO UPDATE THE REGULATIONS AND REVIEW
PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO
ANTENNAS
WHEREAS, the City regulates the installation of noncommercial amateur radio
antennas pursuant to Sections 17.76.020(C) and (D) of the Rancho Palos Verdes
Municipal Code (RPVMC); and
WHEREAS, the City desires to update Sections 17.76.020(C) and (D) to ensure
antenna structures are aesthetically compatible with surrounding uses that will not
adversely alter the visual character of the surrounding area, and are consistent with the
goals and policies of the City’s General Plan; and
WHEREAS, Government Code Section 36937 expressly authorizes the City
Council to adopt an urgency ordinance for the immediate preservation of the public peace,
health, or safety, if the ordinance is approved by four-fifths of the City Council; and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment,
expansion, or modification of noncommercial amateur radio antennas associated with
Sections 17.76.020(C) and (D) in order to review, research and initiate code amendments
to the aforementioned sections to update the regulations and review procedures for
noncommercial amateur radio antennas so as to be compatible with the neighborhoods
where they are erected; and
WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance
No. 634U, to extend the moratorium period enacted by interim Urgency Ordinance No.
632U by an additional 10 months and 15 days, to allow Staff adequate time to research
and prepare code amendment proceedings; and
WHEREAS, on July 28, 2020, the Planning Commission held a duly-noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the
Planning Commission, Staff, and interested parties. The item was continued to
August 25, 2020, and subsequently to Sep tember 22, 2020, to allow Staff additional time
to incorporate the input received and reach out to interested parties for comments on the
revised draft ordinance; and
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WHEREAS, on September 20 and 24, 2020, a public notice was published in the
Daily Breeze and the Palos Verdes Peninsula News, respectively, providing a notice of a
public hearing before the City Council on October 6, 2020; and
WHEREAS, on September 22, 2020, the Planning Commission held a duly-noticed
public hearing, and adopted P.C. Resolution No. 2020-14, recommending that the City
Council adopt this Ordinance; and
WHEREAS, on October 6, 2020, the City Council conducted a duly noticed public
hearing on this Ordinance, and all testimony was received was made a part of the public
record; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2020-14, written staff
reports, and any testimony provided at the public hearing; and
WHEREAS, the City’s standards constitute “the minimum practicable regulations”
to accomplish the City’s legitimate purpose and will “reasonably accommodate amateur
radio service communications and allow those structures to be erected at heights and
dimensions sufficient to accommodate amateur radio service communication per
California Government Code Section 65850.3 and Section 97.15 of the Title 47 of the
Code of Federal Regulations; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance that Sections 17.76.020(C)
(Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio
Antenna Permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Title
17 (Zoning) of the RPVMC be amended to update the development standards for
noncommercial amateur radio antennas.
Section 2. The proposed code amendment to Title 17 adopted herein is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it uph olds,
and does not hinder, the goals and policies of those plans.
Section 3. Sections 17.76.020(C) (Noncommercial Amateur Radio Antennas) and
(D) (Noncommercial Amateur Radio Antenna Permit) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 (Zoning) of the RPVMC is hereby amended as follows,
with the remaining portions of Section 17.76.020 remaining unchanged (new text in bold
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italics, deletions in strikethrough):
“17.76.020 – Antennas.
…
C. Noncommercial Amateur Radio Antennas.
1. Applicability. This subsection C regulates noncommercial amateur radio
antennas that are affixed to real property and antennas that are located on vehicles
parked on lots which exceed sixteen feet 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. This subsection does not regulate
hand held antennas or antennas located on vehicles parked on lots which are
sixteen 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 installation, erection and/or replacement of
noncommercial 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 noncommercial
amateur radio antenna permit application.
a. Existing aAntenna assemblies which were meet the following
criteria shall be considered legal nonconforming: i) 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 ii) 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) support structure and shall be the maximum to which it is
capable of being extended;
ii. For a ground mounted 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 or an accessory structure, height shall be measured
from existing grade to the maximum height to which the antenna
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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. Noncommercial 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 Federal Communications Commission (FCC) regulations, and
that all applicable regulations are complied with at all times, including,
without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not
include oil derrick style structures and no structures with guy wires
shall be used or constructed, except as provided for in this Section.
f. No signage shall be allowed on any noncommercial amateur
radio antenna assembly, except for requisite safety text and other
labeling required by law.
g. A noncommercial amateur radio antenna assembly shall
comply with all City, State and Federal laws including the City’s view
preservation requirements in Section 17.02.040.
h. A noncommercial antenna assembly subject to this Section
shall not be any closer to the property line than the required minimum
side and rear yard setbacks for the subject lot without written City
approval which shall take into consideration the site specific
conditions.
i. All antennas capable of being retracted and extended shall be
retracted to its minimum size and height when not in use or retracted
as required in any conditions of approval issued by the City.
j. Each noncommercial amateur radio antenna shall be of a
color or painted to minimize its reflectivity and blend with its
surroundings as much as possible.
k. Upon the sale or transfer of the subject property any permit
issued under this section shall not be transferable to any other person
including a new property owner.
3. Antennas Exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
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antenna Site Plan Review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support
structure with an outside diameter of three inches or less with a similar
antenna or support structure.
b. Parabolic dish antennas which are one 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 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 different antenna assemblies from the
following categories:
i. One antenna assembly which is located outside of any
required setback areas and which is sixteen 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 building mounted antenna assembly, located outside
of any required setback areas, which does not exceed twelve 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 feet in total length. If the antenna
assembly is mounted onto the roof, or if any portion of the antenna
assembly projects above the roofline, not more than one antenna
may be affixed to antenna support structure.
iii. One 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
feet in height as measured from adjacent existing grade, and located
outside of any required setback areas., and having a transmission
line connected to a receiver and/or a transmitter.
iv. One vertical antenna assembly, located outside of any
required setback areas, consisting of a single pole or mast with a
maximum outside diameter of three inches or less with no guys or
horizontal elements located higher than two feet above the ridgeline
of the residence, and which does not exceed forty-one 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
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application is required for more than two antenna assemblies which are
exempt pursuant to subsection (C)(3) of this Section, and for any other
nonexempt antenna assembly which does not exceed forty-one 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 nonexempt 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;
and,
v. That the antenna assembly shall be designed to
minimize the visual impact to the greatest extent feasible by
means of placement, screening, camouflaging, painting and
texturing and to be compatible with existing architectural
elements, building materials and other site characteristics. The
applicant shall use the smallest and least visible antennas
possible to accomplish the coverage objectives.
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, vertical and horizontal
components, dimensions, color and material of the antenna(s) and
antenna support structure. If a building permit is required pursuant to
the Uniform California Building Code, three copies of the above
plans are necessary;
ii. A typed mailing list of all property owners within a five
hundred-foot radius 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.
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iii. A fee, as established by resolution of the City Council.
iv. Documentation demonstrating that the antenna
assembly will comply with all other FCC standards related to
radio frequency emissions in OET Bulletin 65, Supplement
B. Said documentation shall state if the antenna is
categorically exempt or demonstrate compliance with the
standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas
and installation, comply with FCC regulations related to
interference and in the event the interference occurs, the
applicant will take all steps necessary to resolve the same.
vi. The applicant shall, as part of the application, construct
at the applicant's expense, a mock-up of the proposed
antenna at the proposed location. Said mock up shall be the
same size and dimensions as the proposed antenna. The
mock-up shall be coordinated under the direction of the
Director or his/her designee. Once constructed, the
silhouette shall be certified by a licensed engineer on a form
provided by the City. In the alternative, the applicant may
submit a photo simulation depicting the proposed antenna
in size, height and dimensions, as required by the City to
depict the proposed antenna as it would appear from the
surrounding area.
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 within a five hundred-foot radius, any
affected homeowners associations and any interested parties. No sooner
than fifteen 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, adjacent property owners, any affected
homeowners associations, 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 Proced ures) of this title.
D. Noncommercial Amateur Radio Antenna Permit. Except for antenna
assemblies which are exempt pursuant to subsection (C)(3) of this Section, antenna
assemblies which exceed forty-one feet in height or which involve the placement of more
than one nonexempt antenna support structure on a lot shall require the approval of a
noncommercial amateur radio antenna permit by the Planning Commission.
1. Application. Application for a noncommercial amateur radio antenna
permit shall be made on forms provided by the City and shall include such plans
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and documents as may reasonably be required by the Director, including
submittal requirements for the antenna Site Plan Review application in
subsection (4)(b), 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 noncommercial
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 feet of the
external boundaries of the property where the antenna assembly is proposed.
3. Action by Planning Commission. In granting a noncommercial 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 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. That the antenna assembly shall be designed to minimize the
visual impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting, and texturing and to be compatible
with existing architectural elements, building materials and other site
characteristics. The applicant shall use the smallest and least visible
antennas possible to accomplish the coverage objectives;
de. Appropriate conditions to minimize significant view impairment
and to promote the goals of the general plan and development code, such
as, but not limited to:
i. Location restrictions,
ii. Nesting restrictions,
iii. Array size restrictions,
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iv. Mass of tower restrictions,
v. Height restrictions, and
vi. Elimination of guy wires,
vii. Addition of guy wires, if in the opinion of the Planning
Commission allowing guy wires would minimize the
aesthetic impacts,
vii. Screening or camouflaging requirements, provided
said requirements have not been shown to be cost
prohibitive by the applicant, in which case a less costly
alternative shall be imposed, and
viii. Compliance with any or all applicable regulations
listed in subsection 17.76.020(C)(2) above.
ef. That the following additional findings can be made for approval of
more than one nonexempt 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 noncommercial 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. State and Federal Law. The implementation of this Section and decisions
on applications for placement of Noncommercial Amateur Radio Antennas shall, at
a minimum, ensure that the requirements of this Section are satisfied, unless it is
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determined that the applicant has established that denial of an application would,
within the meaning of federal law, prohibit or effectively prohibit use of the
Noncommercial Amateur Radio Antenna, or otherwise violate applicable laws or
regulations including but not limited to California Government Code section
65850.3 and section 97.15 of the Title 47 of the Code of Federal Regulations. If that
determination is made, the requirements of this Section may be waived, but only to
the minimum extent required to avoid the prohibition or violation. If an applicant
contends that denial of the application would prohibit or effectively prohibit the use
of the antenna in violation of federal law, or otherwise violate applicable law, the
application must provide all information on which the applicant relies on in support
of that claim.
Section 4. This ordinance is exempt from the California Environmental Quality
Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions
and clarifications to an existing zoning code and will not have the effect of deleting
or substantially changing any regulatory standards or findings. The proposed ordinance
is an action that does not have the potential to cause significant effects on the
environment, but rather will supplement the regulations and review procedure established
in the City’s Municipal Code.
Section 5. If any s ection, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code Section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code Section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
Section 7. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
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PASSED, APPROVED AND ADOPTED this ___ day of _____, 2020.
John Cruikshank, Mayor
Attest:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, 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. passed first reading on____________, 2020, was duly adopted by the
City Council of said City at a regular meeting thereof held on ________, 2020, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk
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P.C. Resolution No.2020-14
Page 1 of 15
P .C. RESOLUTION NO. 2020-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL ADOPT PROPOSED AMENDMENTS TO
SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO
ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO
ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS
PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE
REGULATIONS AND REVIEW PROCEDURE FOR
NONCOMMERCIAL AMATEUR RADIO ANTENNAS (CASE NO.
PLCA2020-0003)
WHEREAS, the City regulates the installation of noncommercial amateur radio
antennas pursuant to Sections 17.76.020(C) & (D) of the Rancho Palos Verdes Municipal
Code (RPVMC); and
WHEREAS, the current RPVMC provisions governing the use and permitting of
noncommercial amateur radio antennas are outdated and inconsistent with the goals and
policies of the City’s General Plan; and
WHEREAS, the City desires to update Sections 17.76.020(C) & (D) to ensure
antenna structures are aesthetically compatible with surrounding uses that will not
adversely alter the visual character of the area , and are consistent with the goals and
policies of the City’s General Plan; and
WHEREAS, Government Code Section 36937 expressly authorizes the City Council
to adopt an urgency ordinance for the immediate preservation of the public peace, health,
or safety, if the ordinance is approved by four-fifths of the City Council; and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment, expansion,
or modification of noncommercial amateur radio antennas associated with Sections
17.76.020(C) & (D) in order to initiate code amendments to the aforementioned sections to
update the regulations and review procedures for noncommercial amateur radio antennas
so as to be compatible with the neighborhoods where they are erected; and
WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance
No. 634U, to extend the moratorium period enacted by interim Urgency Ordinance No.
632U by an additional 10 months and 15 days, to allow Staff adequate time to research and
prepare code amendment proceedings; and
WHEREAS, on July 9, 2020, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
proceedings to be heard by the Planning Commission, pursuant to the requirements of the
RPVMC; and
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P.C. Resolution No.2020-14
Page 2 of 15
WHEREAS, on July 28, 2020, the Planning Commission held a duly-noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the Planning
Commission, Staff, and interested parties. The item was continued to August 25, 2020, and
subsequently to September 22, 2020, to allow Staff additional time to incorporate the input
received and reach out to interested parties for comments on the revised draft ordinance;
and
WHEREAS, on September 22, 2020, the Planning Commission held a duly-noticed
public hearing, at which time all interested parties were given an opportunity to be heard
and present evidence on the draft ordinance.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated fully herein by
reference.
SECTION 2. The Planning Commission has reviewed and considered the proposed
code amendments to Sections 17.76.020(C) (Noncommercial Amateur Radio Antennas)
and (D) (Noncommercial Amateur Radio Antenna Permit) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 (Zoning) of the RPVMC to update the development
standards for noncommercial amateur radio antennas regarding the height threshold,
general regulations, application requirements, and review procedures , addressing the
community concerns related to compatibility with the surrounding uses and mitigation of
visual impacts, while complying with the Federal Communications Commission standards,
as presented in ‘Exhibit A’.
SECTION 3. The proposed amendment is consistent with the Rancho Palos Verdes
General Plan and Coastal Specific Plan in that they uphold, and not hinder, the goals and
policies of those plans.
SECTION 4. The proposed amendment is exempt from the California
Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists
only of minor revisions and clarifications to an existing zoning code and will not have
the effect of deleting or substantially changing any regulatory standards or findings.
The proposed amendment is an action that does not have the potential to cause significant
effects on the environment, but rather will supplement the regulations and review
procedures established in the City’s Municipal Code.
SECTION 4. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes he reby recommends to the City Council
that an Ordinance be adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR
RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA
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P.C. Resolution No.2020-14
Page 3 of 15
PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE
17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE
REGULATIONS AND REVIEW PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO
ANTENNAS”.
PASSED, APPROVED AND ADOPTED this 22nd day of September, 2020.
AYES: COMMISSIONERS HAMILL, JAMES, SAADATNEJADI, SANTAROSA, VICE-
CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: COMMISSIONER CHURA
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Gordon Leon
Chair of the Planning Commission
Ken Rukavina, PE,
Director of Community Development
Secretary of the Planning Commission
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P.C. Resolution No.2020-14
Page 4 of 15
EXHIBIT “A”
DRAFT ORDINANCE NO. __
Please see attached.
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P.C. Resolution No.2020-14
Page 5 of 15
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL
AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL
AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO UPDATE THE REGULATIONS AND REVIEW
PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO
ANTENNAS
WHEREAS, the City regulates the installation of noncommercial amateur radio
antennas pursuant to Sections 17.76.020(C) and (D) of the Rancho Palos Verdes
Municipal Code (RPVMC); and
WHEREAS, the City desires to update Sections 17.76.020(C) and (D) to ensure
antenna structures are aesthetically compatible with surrounding uses that will not
adversely alter the visual character of the surrounding area, and are consistent with the
goals and policies of the City’s General Plan; and
WHEREAS, Government Code Section 36937 expressly authorizes the City
Council to adopt an urgency ordinance for the immediate preservation of the public peace,
health, or safety, if the ordinance is approved by four-fifths of the City Council; and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment,
expansion, or modification of noncommercial amateur radio antennas associated with
Sections 17.76.020(C) and (D) in order to review, research and initiate code amendments
to the aforementioned sections to update the regulations and review procedures for
noncommercial amateur radio antennas so as to be compatible with the neighborhoods
where they are erected; and
WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance
No. 634U, to extend the moratorium period enacted by interim Urgency Ordinance No.
632U by an additional 10 months and 15 days, to allow Staff adequate time to research
and prepare code amendment proceedings; and
WHEREAS, on July 28, 2020, the Planning Commission held a duly-noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the
Planning Commission, Staff, and interested parties. The item was continued to
August 25, 2020, and subsequently to September 22, 2020, to allow Staff additional time
to incorporate the input received and reach out to interested parties for comments on the
revised draft ordinance; and
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P.C. Resolution No.2020-14
Page 6 of 15
WHEREAS, on September 20 and 24, 2020, a public notice was published in the
Daily Breeze and the Palos Verdes Peninsula News, respectively, providing a notice of a
public hearing before the City Council on October 6, 2020; and
WHEREAS, on September 22, 2020, the Planning Commission held a duly-noticed
public hearing, and adopted P.C. Resolution No. 2020-14, recommending that the City
Council adopt this Ordinance; and
WHEREAS, on October 6, 2020, the City Council conducted a duly noticed public
hearing on this Ordinance, and all testimony was received was made a part of the public
record; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2020-14, written staff
reports, and any testimony provided at the public hearing; and
WHEREAS, the City’s standards constitute “the minimum practicable regulations”
to accomplish the City’s legitimate purpose and will “reasonably accommodate amateur
radio service communications and allow those structures to be erected at heights and
dimensions sufficient to accommodate amateur radio service communication per
California Government Code Section 65850.3 and Section 97.15 of the Title 47 of the
Code of Federal Regulations; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rancho Palos Verdes hereby
makes the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance that Sections 17.76.020(C)
(Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio
Antenna Permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Title
17 (Zoning) of the RPVMC be amended to update the development standards for
noncommercial amateur radio antennas.
SECTION 2. The proposed code amendment to Title 17 adopted herein is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it uph olds,
and does not hinder, the goals and policies of those plans.
SECTION 3. Sections 17.76.020(C) (Noncommercial Amateur Radio Antennas) and
(D) (Noncommercial Amateur Radio Antenna Permit) of Chapter 17.76 (Miscellaneous
Permits and Standards) of Title 17 (Zoning) of the RPVMC is hereby amended as follows,
with the remaining portions of Section 17.76.020 remaining unchanged (new text in bold
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P.C. Resolution No.2020-14
Page 7 of 15
italics, deletions in strikethrough):
“17.76.020 – Antennas.
…
C. Noncommercial Amateur Radio Antennas.
1. Applicability. This subsection C regulates noncommercial amateur radio
antennas that are affixed to real property and antennas that are located on vehicles
parked on lots which exceed sixteen feet 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. This subsection does not regulate
hand held antennas or antennas located on vehicles parked on lots which are
sixteen 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 installation, erection and/or replacement of
noncommercial 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 noncommercial
amateur radio antenna permit application.
a. Existing aAntenna assemblies which were meet the following
criteria shall be considered legal nonconforming: i) 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 ii) 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) support structure and shall be the maximum to which it is
capable of being extended;
ii. For a ground mounted 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 or an accessory structure, height shall be measured
from existing grade to the maximum height to which the antenna
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P.C. Resolution No.2020-14
Page 8 of 15
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. Noncommercial 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 Federal Communications Commission (FCC) regulations, and
that all applicable regulations are complied with at all times, including,
without limitation, FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not
include oil derrick style structures and no structures with guy wires
shall be used or constructed, except as provided for in this Section.
f. No signage shall be allowed on any noncommercial amateur
radio antenna assembly, except for requisite safety text and other
labeling required by law.
g. A noncommercial amateur radio antenna assembly shall
comply with all City, State and Federal laws including the City’s view
preservation requirements in Section 17.02.040.
h. A noncommercial antenna assembly subject to this Section
shall not be any closer to the property line than the required minimum
side and rear yard setbacks for the subject lot without written City
approval which shall take into consideration the site specific
conditions.
i. All antennas capable of being retracted and extended shall be
retracted to its minimum size and height when not in use or retracted
as required in any conditions of approval issued by the City .
j. Each noncommercial amateur radio antenna shall be of a
color or painted to minimize its reflectivity and blend with its
surroundings as much as possible.
k. Upon the sale or transfer of the subject property any permit
issued under this section shall not be transferable to any other person
including a new property owner.
3. Antennas Exempt. The following noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
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P.C. Resolution No.2020-14
Page 9 of 15
antenna Site Plan Review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support
structure with an outside diameter of three inches or less with a similar
antenna or support structure.
b. Parabolic dish antennas which are one 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 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 different antenna assemblies from the
following categories:
i. One antenna assembly which is located outside of any
required setback areas and which is sixteen 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 building mounted antenna assembly, located outside
of any required setback areas, which does not exceed twelve 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 feet in total length. If the antenna
assembly is mounted onto the roof, or if any portion of the antenna
assembly projects above the roofline, not more than one antenna
may be affixed to antenna support structure.
iii. One 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
feet in height as measured from adjacent existing grade, and located
outside of any required setback areas., and having a transmission
line connected to a receiver and/or a transmitter.
iv. One vertical antenna assembly, located outside of any
required setback areas, consisting of a single pole or mast with a
maximum outside diameter of three inches or less with no guys or
horizontal elements located higher than two feet above the ridgeline
of the residence, and which does not exceed forty-one 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
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P.C. Resolution No.2020-14
Page 10 of 15
application is required for more than two antenna assemblies which are
exempt pursuant to subsection (C)(3) of this Section, and for any other
nonexempt antenna assembly which does not exceed forty-one 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 nonexempt 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;
and,
v. That the antenna assembly shall be designed to
minimize the visual impact to the greatest extent feasible by
means of placement, screening, camouflaging, painting and
texturing and to be compatible with existing architectural
elements, building materials and other site characteristics. The
applicant shall use the smallest and least visible antennas
possible to accomplish the coverage objectives.
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, vertical and horizontal
components, dimensions, color and material of the antenna(s) and
antenna support structure. If a building permit is required pursuant to
the Uniform California Building Code, three copies of the above
plans are necessary;
ii. A typed mailing list of all property owners within a five
hundred-foot radius 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.
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P.C. Resolution No.2020-14
Page 11 of 15
iii. A fee, as established by resolution of the City Council.
iv. Documentation demonstrating that the antenna
assembly will comply with all other FCC standards related to
radio frequency emissions in OET Bulletin 65, Supplement
B. Said documentation shall state if the antenna is
categorically exempt or demonstrate compliance with the
standards of OET Bulletin 65.
v. The applicant shall certify that the proposed antennas
and installation, comply with FCC regulations related to
interference and in the event the interference occurs, the
applicant will take all steps necessary to resolve the same.
vi. The applicant shall, as part of the application, construct
at the applicant's expense, a mock-up of the proposed
antenna at the proposed location. Said mock up shall be the
same size and dimensions as the proposed antenna. The
mock-up shall be coordinated under the direction of the
Director or his/her designee. Once constructed, the
silhouette shall be certified by a licensed engineer on a form
provided by the City. In the alternative, the applicant may
submit a photo simulation depicting the proposed antenna
in size, height and dimensions, as required by the City to
depict the proposed antenna as it would appear from the
surrounding area.
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 within a five hundred-foot radius, any
affected homeowners associations and any interested parties. No sooner
than fifteen 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, adjacent property owners, any affected
homeowners associations, 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. Noncommercial Amateur Radio Antenna Permit. Except for antenna
assemblies which are exempt pursuant to subsection (C)(3) of this Section, antenna
assemblies which exceed forty-one feet in height or which involve the placement of more
than one nonexempt antenna support structure on a lot shall require the approval of a
noncommercial amateur radio antenna permit by the Planning Commission.
1. Application. Application for a noncommercial amateur radio antenna
permit shall be made on forms provided by the City and shall include such plans
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P.C. Resolution No.2020-14
Page 12 of 15
and documents as may reasonably be required by the Director, including
submittal requirements for the antenna Site Plan Review application in
subsection (4)(b), 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 noncommercial
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 feet of the
external boundaries of the property where the antenna assembly is proposed.
3. Action by Planning Commission. In granting a noncommercial 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 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. That the antenna assembly shall be designed to minimize the
visual impact to the greatest extent feasible by means of placement,
screening, camouflaging, painting, and texturing and to be compatible
with existing architectural elements, building materials and other site
characteristics. The applicant shall use the smallest and least visible
antennas possible to accomplish the coverage objectives;
de. Appropriate conditions to minimize significant view impairment
and to promote the goals of the general plan and development code, such
as, but not limited to:
i. Location restrictions,
ii. Nesting restrictions,
iii. Array size restrictions,
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P.C. Resolution No.2020-14
Page 13 of 15
iv. Mass of tower restrictions,
v. Height restrictions, and
vi. Elimination of guy wires,
vii. Addition of guy wires, if in the opinion of the Planning
Commission allowing guy wires would minimize the
aesthetic impacts,
vii. Screening or camouflaging requirements, provided
said requirements have not been shown to be cost
prohibitive by the applicant, in which case a less costly
alternative shall be imposed, and
viii. Compliance with any or all applicable regulations
listed in subsection 17.76.020(C)(2) above.
ef. That the following additional findings can be made for approval of
more than one nonexempt 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 noncommercial 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. State and Federal Law. The implementation of this Section and decisions
on applications for placement of Noncommercial Amateur Radio Antennas shall, at
a minimum, ensure that the requirements of this Section are satisfied, unless it is
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P.C. Resolution No.2020-14
Page 14 of 15
determined that the applicant has established that denial of an application would,
within the meaning of federal law, prohibit or effectively prohibit use of the
Noncommercial Amateur Radio Antenna, or otherwise violate applicable laws or
regulations including but not limited to California Government Code section
65850.3 and section 97.15 of the Title 47 of the Code of Federal Regulations. If that
determination is made, the requirements of this Section may be waived, but only to
the minimum extent required to avoid the prohibition or violation. If an applicant
contends that denial of the application would prohibit or effectively prohibit the use
of the antenna in violation of federal law, or otherwise violate applicable law, the
application must provide all information on which the applicant relies on in support
of that claim.
SECTION 4. This ordinance is exempt from the California Environmental Quality
Act (“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions
and clarifications to an existing zoning code and will not have the effect of deleting
or substantially changing any regulatory standards or findings. The proposed ordinance
is an action that does not have the potential to cause significant effects on the
environment, but rather will supplement the regulations and review procedure established
in the City’s Municipal Code.
SECTION 5. If any s ection, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code Section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code Section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
SECTION 7. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2020.
John Cruikshank, Mayor
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P.C. Resolution No.2020-14
Page 15 of 15
Attest:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, 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. passed first reading on____________, 2020, was duly adopted by the
City Council of said City at a regular meeting thereof held on ________, 2020, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk
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17.76.020 - Antennas.
...
C. Noncommercial Amateur Radio Antennas.
1. Applicability. This subsection C regulates noncommercial amateur radio
antennas that are affixed to real property and antennas that are located on
vehicles parked on lots which exceed 16 feet 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. This subsection does
not regulate hand held antennas or antennas located on vehicles parked on lots
which are 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 noncommercial
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 noncommercial amateur 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)
support structure and shall be the maximum to which it is capable of
being extended;
ii. For a ground mounted 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. Noncommercial 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.
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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 noncommercial amateur radio antenna
assemblies may be constructed or installed on a lot without the approval of an
antenna site plan review application or noncommercial radio antenna permit;
a. The replacement of an existing antenna or antenna support structure with
an outside diameter of three inches or less with a similar antenna or support
structure.
b. Parabolic dish antennas which are one 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 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 different antenna assemblies from the following
categories:
i. One antenna assembly which is located outside of any required setback
areas and which is 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 building mounted antenna assembly which does not exceed
twelve 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 feet in total length. If the
antenna assembly is mounted onto the roof, or if any portion of the
antenna assembly projects above the roofline, not more than one
antenna may be affixed to antenna support structure.
iii. One 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 feet in height as
measured from adjacent existing grade, and having a transmission line
connected to a receiver and/or a transmitter.
iv. One vertical antenna assembly, located outside of any required
setback areas, consisting of a single pole or mast with a maximum
outside diameter of three inches or less with no guys or horizontal
elements located higher than two feet above the ridgeline of the
residence, and which does not exceed forty-one feet in total height, as
measured from adjacent existing grade.
4. Antenna Site Plan Review Approval.
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a. Director review. Director approval of an antenna site plan review
application is required for more than two antenna assemblies which are
exempt pursuant to subsection (C)(3) of this section, and for any other
nonexempt antenna assembly which does not exceed forty-one 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 nonexempt 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, 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 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. Noncommercial Amateur Radio Antenna Permit. Except for antenna assemblies
which are exempt pursuant to subsection (C)(3) of this section, antenna assemblies
which exceed forty-one feet in height or which involve the placement of more than
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one nonexempt antenna support structure on a lot shall require the approval of a
noncommercial amateur radio antenna permit by the planning commission.
1. Application. Application for a noncommercial 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 noncommercial 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 feet of the
external boundaries of the property where the antenna assembly is proposed.
3. Action by Planning Commission. In granting a noncommercial 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 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 nonexempt antenna assembly:
i. The additional antenna assembly cannot be reasonably located on the
existing antenna assembly;
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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 noncommercial 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. Noncommercial Nondish Antennas. Building mounted television, FM radio, or any
other similar noncommercial nondish 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 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.
(Ord. 374U § 1, 2002; Ord. 345 § 6, 1999: amended during 11-97 supplement; Ord. 320
§ 7 (part), 1997: Ord. 226 §§ 12, 13 (part), 1988; Ord. 166 § 8 (part), 1983)
(Ord. No. 529, § 35, 11-15-11)
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1
Jaehee Yoon
From:Al and Kathy Edgerton <alnkathye@msn.com>
Sent:Monday, September 28, 2020 11:12 AM
To:Jaehee Yoon
Subject:Draft Antenna Ordinance
Hi Jaehee,
Below are a few questions and comments regarding the draft of the antenna code approved by
the Planning Commission last week.
The sections in the draft code addressing the Director‐level and Planning Commission
reviews of visual impacts of antenna assemblies are similar in that they generally refer
to the same parameters to be used for minimizing impacts (placement, screening,
camouflaging, painting, texturing, architectural materials, site‐specific characteristics,
etc.). However, the section discussing the Planning Commission review contains more
detail regarding how to apply the parameters. Please explain the reason for the
different wording in the two cases. Was there an intention to reflect a difference in the
level of discretion between the two levels of review? If the two reviews were intended
to be the same except for the height limitation, why were the exact same words not
repeated in both areas ‐ or why were the words not stated once, with both sections
(Director‐level and Planning Commission reviews) referring to the same language?
This issue is particularly significant since the height for review by the Planning
Commission was increased at the September 22nd meeting from 28 ft. to 41 ft. (back to
the current code threshold).
Do sections C.2.c (prohibiting antennas within front yard areas) and C.2.h (prohibiting
antenna assemblies within side or rear yard setbacks without City approval) apply to all
amateur radio antenna assemblies regardless of height ‐ i.e., including those less than
16 ft. in height?
Should the wording in section C.2.i be changed from "All antennas capable of being
retracted..." to "All antenna assemblies capable of being retracted..."? It is my
understanding that the tower on which an antenna is mounted is retractable, not the
antenna itself.
Similar to the previous comment, should the wording in section C.2.j be changed from
"Each noncommercial amateur radio antenna shall be of a color or painted to minimize
its reflectivity..." to "Each noncommercial amateur radio antenna assembly..." since the
same reflectivity issues likely apply to the antenna structure as well?
In sections C.4.a.v and D.3.d, should the last sentence read "The applicant shall use the
smallest and least visible antenna assemblies possible to accomplish the coverage
objectives, consistent with the first sentence of each of those sections?
F-1
2
In section C.4.b.vi, there appear to be four places where the word "assembly" should be
added following "antenna", as follows: "The applicant shall, as part of the application,
construct at the applicant's expense, a mock‐up of the proposed antenna assembly at
the proposed location. Said mock‐up shall be the same size and dimensions as the
proposed antenna assembly. The mock‐up shall be coordinated under the direction of
the Director or his/her designee. Once constructed, the silhouette shall be certified by a
licensed engineer on a form provided by the City. In the alternative, the applicant may
submit a photo simulation depicting the proposed antenna assembly in size, height, and
dimensions, as required by the City to depict the proposed antenna assembly as it
would appear from the surrounding area.
In section C.4.b vi, the requirement for a certification by a licensed engineer should
apply to a photo simulation as well as a mock‐up. In addition, the wording should be
clarified to require photo simulations from multiple views to allow assessment of all
visual impacts.
Kathy Edgerton
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