2009-03 RESOLUTION NO. 09- 03
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING TITLE 18 OF THE GRAND
TERRACE MUNICPAL CODE BY ADDING CHAPTER 18.72 ENTITLED
AMATUER "HAM" RADIO ANTENNAS AND RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION, APPLICABLE CITY
WIDE
WHEREAS, the City Council was presented with a petition to regulate amateur "HAM"
radio antenna structures in a manner that would allow for restrictions based on the community
objectives of the City and to place a "moratorium" on any proposed amateur "HAM" radio
antenna structure exceeding a height of 20 feet until a new"HAM" ordinance was put in place;
WHEREAS, this petition was initiated as the result of an earlier application considered by
the Planning Commission to allow for a 75 foot high amateur "HAM" radio antenna structure
located in the southeastern corner of the City;
WHEREAS, the City Council, in response, to this petition adopted a "moratorium" on the
approval of any new applications for amateur "HAM" radio antenna structures and instructed staff
to prepare an Ordinance regulating amateur "HAM" radio antenna structures in the City of Grand
Lam' Terrace;
WHEREAS, in 1985 the Federal Communications Commission, "FCC," issued an order
that local governments could regulate amateur"HAM" installations to insure the safety and health
of persons in the community but could not enact regulations which are so restrictive that they
preclude effective amateur"HAM" communications. This ruling is known as the "limited federal
preemption" or"PRB-1"rule;
WHEREAS, in 2003 Assembly Bill 1228 was signed into law and incorporated the
limited federal preemption, "PRB-1," into California law;
WHEREAS, in preparing the Amateur "HAM" Radio Antennas Ordinance the PRB-1
rule, and Assembly Bill 1228,were taken into consideration;
WHEREAS, pursuant to Sections 65800 and 65850 of the Government Code, the City of
Grand Terrace adopted Title 18 of the Grand Terrace Municipal Code establishing the City's
Zoning Code, which regulates the use of buildings, structures, and land as between industry,'
business, residences, open space and other purposes; regulates the location, height, bulk, number
of stories and size of buildings and structures, the size and use of lots, yards, courts and other open
spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity
of land use; establishes requirements for off-street parking and loading; establishes building
setback lines, as authorized by state law; and other matters;
Page 1 of 3
(f WHEREAS, under the California Environmental Quality Act (CEQA) Guidelines, Article
6, Section 15070, the proposed Amateur "HAM" Radio Antennas Ordinance qualifies for a
Negative Declaration in that there is no substantial evidence that the proposed ordinance will have
a significant impact on the environment. The Environmental Initial Study of this proposal was
completed under Environmental Review Case No. 07-09;
WHEREAS, the Planning Commission conducted public workshops on November 16,
2006, July 19, 2007, and October 18, 2007 to discuss the proposed Amateur "HAM" Radio
Antennas Ordinance at the Council Chambers located at 22795 Barton Road, Grand Terrace,
California;
WHEREAS, on January 17, 2008, the Planning Commission held a public hearing at the
Council Chambers located at 22795 Barton Road, Grand Terrace, California on the proposed
Amateur"HAM"Radio Antennas Ordinance and on that same date voted to recommend adoption
of the proposed Ordinance to the City Council;
WHEREAS, on March 11, 2008, the City Council held a public hearing at the Council
Chambers located at 22795 Barton Road, Grand Terrace, California on the proposed Amateur
"HAM"Radio Antennas Ordinance;
WHEREAS, at the conclusion of the March 11, 2008, hearing, the City Council did not
act on the proposed Ordinance, but instead voted to form an amateur "HAM" radio antenna
committee to advise staff on possible changes to the proposed Ordinance for the purpose of
producing an ordinance that establishes those regulations necessary to protect public health and
safety while allowing for effective amateur, "HAM"radio antenna communications; and
WHEREAS, on June 19, 2008, August 21, 2008 and February 19, 2009 the Planning
Commission held duly noticed public hearings to consider a revised Amateur "HAM" Radio
Antennas Ordinance at the Council Chambers located at 22795 Barton Road, Grand Terrace,
California, and concluded said hearing on February 19th, 2009, by voting to recommend that the
City Council adopt the proposed Ordinance.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand
Terrace:
1. The Planning Commission hereby finds that, based on the Initial Study, the public hearing,
and substantial evidence in the record, the proposed Amateur "HAM" Radio Antennas
Ordinance will not have a significant effect on the environment.
2. The Planning Commission finds as follows, with respect to Zoning Amendment 06-02:
a. The proposed Amateur "HAM" Radio Antennas Ordinance is consistent with the
General Plan in that these regulations on amateur radio antenna structures will
further the City's Goals to protect and enhance the health, safety and general
welfare of the community.
Page 2 of 3
b. The proposed Amateur "HAM" Radio Antennas Ordinance is consistent with all
other applicable requirements of local ordinances and State law in that the proposed
regulations of amateur radio antenna structures will not conflict with any existing
provisions of the Municipal Code and will be in conformance with the California
Environmental Quality Act.
C. The proposed Amateur "HAM" Radio Antennas Ordinance will not be detrimental
to the health, safety, morals, comfort or general welfare of the persons residing or
working within the City of Grand Terrace or be injurious to property or
improvements within the City of Grand Terrace.
3. Based on the findings and conclusions set forth in paragraphs 1 and 2 above, the Planning
Commission hereby recommends that the City Council adopt an ordinance amending Title
18 of the City of Grand Terrace Municipal Code by establishing Chapter 18.72 entitled
Amateur "HAM" Radio Antennas, as described in Exhibit 1, attached hereto, and
incorporated herein by reference, and further recommends the adoption of the Negative
Declaration prepared for the proposed Ordinance.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 19th day of February, 2009.
AYES: Commissioner Comstock, Commissioner McNaboe, Commissioner Phelps,
Vice-Chair Addington, Chairman Wilson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
n u
Brenda Mesa Doug Wilson
City Clerk Chairman, Planning Commission
Page 3 of 3
EXHIBIT I
"CHAPTER 18.72
AMATEUR"HAM"RADIO ANTENNAS
18.72.010 Purpose
The purpose of this part is to assure that amateur "HAM" radio antennas are
designed and located in a way that avoids hazards to public health and safety
while reasonably accommodating amateur radio communications.
18.72.020 Definitions
A. Amateur radio antenna. The term"amateur radio antenna" shall mean any
antenna, including a whip antenna, which is used for the purpose of
transmitting and receiving radio signals in conjunction with an amateur
radio station licensed by the Federal Communication Commission.
B. Antenna. The term "antenna" shall mean any system of poles, panels,
rods, reflecting discs, wires or similar devices or elements for the
transmission or reception of electromagnetic signals, including, but not
limited to, radio waves and microwaves. An antenna does not include the
support structure that the antenna is mounted on.
C. Antenna Array. The term "antenna array" shall mean the arrangement of
several antennas connected and organized to form a single antenna,
including the antenna boom.
D. Antenna Structure. The term "antenna structure" refers collectively to an
antenna array and its supporting mast or tower, if any, including any
anchors and guy lines.
E. Boom. The term "boom" shall mean a long, more or less, horizontal
supporting arm or brace used for supporting an antenna.
F. "HAM". The term "HAM" is a commonly used shorthand expression for
amateur radio operators and/or equipment.
G. Mast. The term "mast" shall mean a pole of wood or metal, or a tower
fabricated of metal, used to support an amateur radio antenna and maintain
it at the proper elevation.
H. Satellite Dish Antenna. The term "satellite dish antenna" shall mean an
exterior parabolic antenna mounted on or adjacent to a structure measuring
no more than twenty-four inches in diameter and designed solely for the
reception of telecommunication services for use within such structure.
i
Revision Date:February 19,2009
Page 1 of 6
I. Television Broadcast Antenna. The term "television broadcast antenna"
shall mean an exterior antenna mounted on or adiacent to a structure and
designed solely for the reception of television broadcast signals for use
within such structure.
J.H. Whip Antenna. The term "whip antenna" shall mean an antenna
consisting of a single, slender,rod-like element,which is supported only at
or near its base.
18.72.030 Permitted use
Amateur "HAM" radio antenna structures and masts which comply with the
development standards specified in Section 18.72.05040 of this Chapter are
permitted as accessory uses in all zoning districts, subiect to Land Use Review.
18.72.040 Exceptions
A. The following antennas shall not be subiect to the provisions of this
Chapter,but shall adhere to all other aDDlicable provisions of this title.
1. Satellite dish antenna.
2. Television broadcast antenna, Drovided that the height of such
antenna does not exceed a height of ten(10) feet.
3. A maximum of two antennas provided that the height of such
antennas do not exceed fifteen (15) feet if Around mounted or ten
(10) feet if roof mounted, that the antennas are not connected or
attached to any other antenna, and that the antennas comply with
the required setbacks of the zone district.
18.72.05040 Development standards
A. Permitted Height
1. The height of any antenna or the combined height of an antenna
and antenna structure shall not exceed a maximum height of thirty-
five (35) feet including any extension. ten (10) feet above +
_. _.== rsFmitted height-�!c =dsr-154ng zc,_., a;sctHc*. If an
antenna is installed on the roof of the building,-the height of the
antenna shall be inclusive of the building height.
B. Number Permitted
1. A maximum of three (3) amateur "HAM" radio antennas may be
permitted on each building site, of which only one (1) may be an
Revision Date:February 19,2009
Page 2 of 6
' antenna structure and its antenna array. This number shall be
inclusive of any existing amateur "HAM" radio antennas located
on the site,but which may not require land use review approval.
C Siting
1. The antenna structure shall be located on the building site in a
manner which will minimize the extent to which the structure is
visible to nearby residents and members of the general public.
Antenna structures shall be considered to satisfy this criteria if:
a. No portion of the antenna structure including antenna array,
mast, anchors and guy lines is located within any required
setback area; and
b. No portion of the antenna structure or mast is within the
front forty (40) percent of that portion of the building site
that abuts a street; and
C. In the event that the building site abuts two or more streets,
the antenna structure or mast is not located within the front
forty (40) percent of the portion of the building site where
i primary access is provided to the property or within twenty
(20) feet of any other abutting street or public-right-of-way.
D. Installation and Maintenance
1. All antenna structures shall be installed and maintained in
compliance with applicable building standards including any
requirements for building permits as determined by the Director of
Building and Safety/Public Works.
2. All antennas and their supporting structures shall be maintained in
good condition including repainting when necessary.
3. All ground-mounted antennas and their supporting structures shall
be permanently installed.
4. The use of highly reflective material shall be prohibited.
E. Antenna array
1. The antenna array including the antenna boom and antenna
elements shall conform to the following specifications:
a.. N,. amen ,,,,, hall 3)Eeeed twenty i20 feet i length,
Revision Date:February 19,2009
Page 3 of 6
tytl
length. Two ,a;,,,. AtJ2,, ,' , i.. shall not o a l +l,,oo
a. In no instance shall the area of the antenna array (length of
antenna boom times the length of the antenna element)
exceed five (5) percent of the area of the subject lot upon
which the antenna array will be located.
Section 18.72.060-0 Application submittal requirements
A. The application for an amateur "HAM" radio antenna structure shall be in
the form of a land use application and shall be accompanied by the
following information:
1. A letter of intent describing the request for the proposed antenna.
2. Site plan drawn to scale and dimensioned, showing the proposed
location of the antenna structure, including the dimensions of the
antenna array.
l
3. Manufacturer's specifications of the antenna structure.
4. Details of footings, guys and braces.
5. If roof mounted, details of the method of attachment.
6. Elevations drawn to scale and dimensioned so as to fully describe
the proposed structure.
7. A statement indicating any mitigation measures proposed to
minimize any adverse effects of the antenna or antenna structure.
Such measures may include screening,painting, increased setbacks
from property lines and safety devices.
8. 300-foot radius map together with the mailing list of property
owners within 300 feet and two sets of mailing stickers—, fef
proposed camateu�ccr"H^A!!"radio antennas that o ee the s+..,,rl.nds
eefAained in See -= n
B. Copies of the submitted information shall be referred by the Community
Development Director and to the City's Building and Safety/Public Works
Department for issuance of a building permit if required.
Revision Date:February 19,2009
Page 4 of 6
Section 18.72.07060 Land Use Avorovallssuance of permit-
A. In processing the submitted application, the Community Development
Director shall notify,by first-class mail, all those property owners within a
three hundred (300) foot radius of the adjaeont to subject site of the
proposed amateur"HAM"radio antenna structure.
B. If there are no objections to the proposed amateur "HAM" radio antenna
structure based upon health and safety concerns, the Community
Development Director shall approve the land use application provided that
the proposed structure complies with the standards as set forth by Section
18.72.05040.
C. If there are objections to the proposed amateur "HAM" radio antenna
structure based on health and safety concerns, the Community
Development Director shall refer the proposed application to the Planning
Commission for review and consideration. The Community Development
Director shall provide notice, by first-class mail, of the Planning
Commission hearing to all property owners within a three hundred (300)
foot radius of the subject site.
D. In granting the land use application for the amateur "HAM" radio antenna
structure, the Planning Commission shall find that the proposed amateur
L "HAM" radio antenna complies with the development standards of
Section 18.72.05040 of this Chapter.
E. In granting the land use application, the Planning Commission may
impose whatever conditions are necessary to accomplish the purposes of
this Chapter including stricter requirements than those of Section
18.72.040 if it is determined that such stricter requirements are necessary
in order to protect the health and safety of the neighborhood.
Section 18.72.08070 Reasonable Accommodation Hearing
A. Any applicant that proposes an amateur "HAM" radio antenna that does
not comply with the development standards contained in Section
18.72.05040 of this Chapter, shall be entitled to a reasonable
accommodation hearing before the Planning Commission through the
ILand -uUse uADWication process. The Planniniz Commissionwhe shall
determine whether the conditions so imposed constitute "reasonable
accommodation" and the "minimum practical regulation" required
pursuant to Government Code Section 65850.3, as applied to the specific
application.
- . B. Any applicant may appeal the conditions imposed pursuant to this Chapter
or pursuant to Section 18.72.07060.E and shall be entitled to a hearing
Revision Date:February 19,2009
Page 5 of 6
before the City Council, who shall determine whether the conditions so
imposed constitute "reasonable accommodation" and the "minimum
practical regulation" required pursuant to Government Code Section
65850.3, as applied to the specific application.
C. Notice of the public hearing,pursuant to this section, shall be provided, by
first-class mail, to all property owners within a three hundred (300) -foot
radius of the subject site.
Section 18.72.09080 Nonconforming antennas
A. Amateur"HAM"radio antennas, antenna structures and masts in existence
prior to the effective date of this Chapter may continue to be used without
complying with the provisions of this Chapter provided they were legally
constructed with the proper land use entitlements and/or building permits.
Said antennas and structures shall be considered legal non-conforming.
B. Amateur "HAM" radio antennas, antenna structures and masts that are a
legal non-conforming use shall comply with the provisions of Section
18.72.05040 to the extent that they are capable of doing so without major
modifications.
C. Existing amateur "HAM" radio antennas, antenna structures and masts
may be enlarged, expanded or relocated only if brought into compliance
with the provisions of this Chapter."
Revision Date:February 19,2009
Page 6 of 6