2012-07 RESOLUTION NO. 2012-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE APPROVING OPTION B OF LAND USE
APPLICATION 12-40 TO INSTALL AN AMATEUR RADIO WHIP
ANTENNA AT THE REAR OF AN EXISTING RESIDENCE LOCATED
AT 22830 LARK STREET (APN 1178-161-55)
WHEREAS, Mr. Hans and Mrs. Elaine Elhert ("Applicants") have submitted an
application requesting a reasonable accommodation hearing pursuant to Chapter 18.72
(Amateur "HAM" Radio Antenna);
WHEREAS, as their preferred Option A, the Applicants propose to install a roof-
mounted "whip" antenna measuring.seventeen feet high on top-of an existing previously
approved antenna for a total height of 52 feet;
WHEREAS, as an alternative, the Applicants have also proposed Option B to
install the 17-foot high whip antenna at the rear of the residence;
WHEREAS, the Project is located at 12168 Observation Drive, is zoned Single
Family Residential-7.2, and has a General Plan land use designation of Low Density
Residential;
�1 WHEREAS, Section 18.72.050 of the Zoning Code. list the development standards
regulating the installation of amateur HAM radio antennas, including setbacks and height;
and more specifically identifies an overall height limit of 35 feet;
WHEREAS, Option A preferred by the Applicants results in an' overall height of 52
feet, 17 feet higher than the 35-foot height limitation, and alternative Option B would have
an overall height of 34.5 feet;
WHEREAS, Section 18.72.080 of Chapter 18.72 of the Zoning Code allows an
applicant that proposes an amateur "HAM" radio antenna that does not comply with the
development standards contained in Section 18.72.050 of Chapter 18.72 to request.'a
reasonable accommodation hearing before the Planning Commission, and the
Commission 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;
WHEREAS, the Federal Communications Committee ("FCC") issued PRB-1
(1985), an order that local governments could regulate amateur radio 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 communications;
WHEREAS, in making this limited federal.preemption rule, the FCC did not specify
( a height below which a local government could not regulate nor did they recommend
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precise.language, but stated that "local regulations which involve placement, screening,
or height .of antennas based on health, safety, or aesthetic considerations must be
crafted to accommodate reasonably amateur communications, and to. represent the
minimum practicable regulation to accomplish the local authority's legitimate purpose";
WHEREAS, in PRB-1 (1999), the FCC did not clarify "reasonable accommodation"
or "minimum practical regulation" instead stating "the effectiveness of these guidelines or
standards can be gauged by the fact that a local zoning authority would recognize at the
outset, when crafting zoning regulations, the potential impact that high antenna towers in
heavily-populated urban or suburban locales could have and, thus, would .draft their
regulations accordingly";
WHEREAS, the Project qualifies for an exemption from the provisions .of the
California Environmental Quality Act (CEQA) pursuant to Section 15301 of`the State
CEQA Guidelines, which exempts new construction or conversion of small structures;
WHEREAS, on October 4, 2012, the Planning Commission conducted a noticed
public meeting on the Project at the Grand Terrace Council Chambers located at 22795
Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date;
and
WHEREAS, all legal prerequisites to the adoption of this. Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED by the. Planning Commission of the City
of Grand Terrace:
1. The Planning Commission hereby finds that the Project is. exempt from CEQA
pursuant to Section 15303(e), which exempts the construction of accessory
structures.
2. The Planning Commission finds that:
a. PRB-1 establishes a limited federal preemption, in that it recognizes the
local government's interest in establishing regulation based on health,
safety and aesthetic reasons. It also. recognizes that a local government
has the authority to establish regulations that take into consideration the
impact that antenna towers could have iri- light-of their locale. Grand
Terrace is a suburban bedroom community primarily made of'single.family
lots with minimum lot sizes of 7,200 square feet. Chapter 18.72 of the
Zoning Code allows the Director to approve an antenna that meets all of the
development standards, and gives the .Planning Commission the authority
to approve an antenna that exceeds the 35-foot height limitation.
b. Option B calls for the installation of the 1.7-foot high whip antenna at the
rear of the residence and would bring overall height of the antenna to 34.5
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feet, in full compliance with the development standards contained in Section
18.72.050. While Option B is not the preferred alternative of the Applicants,
by virtue of providing it as an acceptable alternative, the Applicants are .
indicating that installing the whip antenna directly on the roof provides for
effective amateur communications. Therefore, approval of Option B
reasonable accommodates amateur radio communications.
3. The Planning Commission further finds.as follows with respect to Land Use 12-40,
Option B:
a. The Project is consistent with the intent of the Grand Terrace Municipal
Code and the General Plan. The 17-foot high whip amateur radio antenna is
an accessory structure permissible within the Single Family Residential-7.2
(R1-7.2) zone classification. It is consistent with the development standards .
contained in Chapter 18.72 Amateur HAM Radio Antennas, including
setbacks and, height requirements. The proposed antenna is consistent with
the Land Use designation in that it is incidental to.the primary single family
use similar to other accessory structures such as patio covers and storage
buildings and does not preclude the use or occupancy of the existing single
family residential uses.
b. The location and configuration of all structures associated with.this Project
are visually harmonious with this site and surrounding sites and structures,
that they do not interfere with the neighbors' privacy, that they do not
unnecessarily block scenic views from other structures and/or public areas
and are,in scale with the townscape and natural landscape of the area.. The
17-foot high amateur antenna is a slender rod whip antenna one to one and
one-half inches in diameter. It will have a minimal visual effect, -will not
interfere with privacy or.unnecessarily block scenic view. The overall height
of the amateur radio antenna complies with the height limitation. of.the zone
district.
C. The architectural design of structures, their materials and colors are visually
harmonious with the surrounding development, natural landforms, are
functional for the Project and are consistent with the Grand Terrace
Municipal Code. The whip antenna is a slender rod-like fiberglass antenna
with a diameter of one- and one-half inches to one inch, and will not
significantly contrast with the existing residence.
C. The plan for landscaping and open spaces provide a functional and visually,
pleasing setting for-the structures on this site and is harmonious with the
natural landscape of the area.and nearby developments. ' The Project site is
already developed and on-site landscaping will remain in place.
e. There is no indiscriminate clearing of property, destruction of trees or
natural vegetation or the excessive and unsightly grading of hillsides, thus
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the natural beauty of the City, its setting and natural- landforms are
preserved. The Project site is already developed and on-site landscaping
will remain in place.
f. The design and location of all signs associated with this Project are
consistent with the.scale and character .of the building to which they are
attached or otherwise associated with and are, consistent with the Grand
Terrace Municipal Code. No signs are proposed.
g. Conditions of approval for this Project necessary to secure the purposes of
the Grand Terrace Municipal Code and General Plan have been applied to
the.Project.
BE IT FURTHER RESOLVED that Land Use 12-40, Option B is hereby-approved subject
to the following- conditions:
1. Land Use Review 12-40, Option B, is hereby approved to install a roof-mounted
amateur HAM radio antenna whip antenna measuring 17 feet. high as measured,
from the roof,. and 34.5 feet high as measured from the ground. This approval is
based upon the application and materials submitted on July 30, 2012 and August
15, 2012. The Applicants shall not revise the application materials or exhibits,
except as may be approved by the Community and Economic Development
Director.
2. This approval shall expire twelve (12) months from the date of acceptance of the
conditions, unless the-use which is the subject of this action has taken place and
all conditions of approval have been met, or a time extension has. been granted-by
the City.
3. The Applicants shall defend, indemnify, and hold harmless the .City of Grand.
Terrace and its officers, .employees, and agents- from and .against any claim,
action, or proceeding against the City of Grand Terrace, its officers,.employees, or
agents to attack, set aside; void, or annul any approval.or condition of,approval of
the City of Grand Terrace concerning this Project,; including-but not limited to any
approval or condition of approval 'of the Planning Commission, or Community
Development Director. . The City shall promptly notify the_applicant; of any claim,
action, or proceeding concerning the Project and,the City -shall cooperate fully in .
the defense of the matter. The City reserves the right, at its own option; to choose
its own attorney to represent the City, its officers, employees, and agents in the.
defense of the matter.
4. The Project shall be constructed in accordance with all the approved-plans and
conditions of approval.
5. All cables and wires associated with the antenna shall be-hidden from view.
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6. No amateur radio antenna, antenna, antenna array, antenna structure or mast, as
those terms are defined in Chapter 18.72 of the Grand Terrace Municipal Code
(Amateur HAM-Radio Antennas), excepting those previously approved pursuant to
LU 11-45 and the approved exhibits and LU 12-40 - Option B and the approved
exhibits, shall be installed and/or erected on the property, unless a permit is
obtained in compliance with the provisions of Chapter 18.72..
7. The Applicants shall contact the Building and Safety Department to determine if
the antenna installation and/or cabling require issuance of a building or electrical
permit, and obtain such permit prior to the installation of the amateur radio
antenna.
8. If feasible, the antenna should be a matted or burnished gray.
9. Upon receipt of these conditions and prior to becoming_final and binding, the
Applicants or appropriate representative must sign the "Conditions of Approval."
10. The applicant shall remove all amateur radio antennas,_ antennas, antenna
arrays, antenna structures or masts, as those terms are defined in Chapter 18.72
of the Grand Terrace Municipal Code (Amateur HAM Radio Antennas), except as .
approved pursuant to LU 11-45 and the approved exhibits and LU 12-40 - Option
B and the approved exhibits.-
PASSED AND ADOPTED by the Planning Commission of the City of .Grand Terrace,
California, at a regular meeting held on the 4t" day of October, 2012.
AYES: 4-Chairman Wilson, Commissioners Comstock, Bailes, Kongtang
NOES: o
ABSENT: U
ABSTAIN: o
ATTEST: .
I��v
-Tracey Marl0e�zr Doug Wilson
City Clerk Chairman, Planning Commission
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