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TOWN OF LOS ALTOS HILLS August 23, 2016
Staff Report to the Planning Commission
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 10-1.202,
10-2.301, 10-1.504, AND 10-1.505 AND ADDING ARTICLE 15 OF CHAPTER
2 OF TITLE 10 OF THE LOS ALTOS HILLS MUNICIPAL CODE
PERTAINING TO REGULATIONS FOR AMATEUR RADIO ANTENNAS;
FILE#396-14-MISC
FROM: Suzanne Avila,AICP, Planning Director SPc,
RECOMMENDATION: That the Planning Commission:
Forward a recommendation to the City Council for approval of the LAHMC code amendments
adding provisions for amateur radio antennas.
BACKGROUND
On November 10,2014 the City Council directed the Planning Commission and staff to review
the Municipal Code and consider development of an ordinance or policy to specifically address
amateur radio and emergency communication antennas.
On October 22, 2015 the Planning Commission considered a draft ordinance establishing
regulations for amateur radio and emergency communication antennas,including review processes
and noticing requirements. Following public testimony and discussion,the Commission continued
the matter and agreed that the Subcommittee would reconvene to consider revisions to the draft
ordinance based on public testimony and Planning Commission input. The Subcommittee met on
November 10, November 16 and December 7, 2015 and March 3 and March 23, 2016, and made
revisions to the draft ordinance.
On March 1, 2016 the Emergency Communications Committee (ECC) discussed the revised
antenna ordinance and changes proposed by two ECC members. The ECC did not recommend
any of the suggested changes,however,the information was provided to the Planning Commission
and was considered by the Antenna Ordinance Subcommittee.
On April 7, 2016 the Planning Commission considered the revised draft ordinance and decided to
continue the matter, requesting that the Subcommittee conduct further research and consider
comments received during the public hearing. The Subcommittee met on April 12 and May 19,
2016 and made further revisions to the draft ordinance as discussed below.
Staff Report to the Planning Commission
Antenna Ordinance
August 23,2016
Page 2 of 3
DISCUSSION
The primary change to the ordinance since the last Planning Commission hearing is a return to the
approval processes in the current Municipal Code. Attachment 2 contrasts the current regulations
with the draft ordinance.
The revised draft ordinance includes the following provisions:
• Antennas up to 40 feet in height maybe approved administratively by the Planning Director
with no notice to surrounding property owners. Staff will work with the applicant to locate
a new antenna in the most appropriate location on the property with consideration given to
functionality and performance of the antenna,the ability to screen the support structure and
views from neighboring properties.
• Antennas over 40 feet high and up to 63 feet in height will require written notice to property
owners within 500 feet of the project site.
• Antennas higher than 63 feet will require Planning Commission review at a noticed public
hearing.
• Antenna structures may not be located within a required setback. However, antenna
elements and/or guy wires may extend into a setback not adjacent to a street provided they
do not cross a property line and do not interfere with private access driveways.
• Definitions of amateur radio antenna and antenna mast were added.
Antenna Height
Antenna regulations prior to 1992 required a site development permit for antennas higher than 48
feet. The current Code requires a site development permit for antennas higher than 40 feet. The
draft ordinance does not change the approval processes for new antennas based on height as was
previously proposed. The only change regarding height is a provision allowing the antenna mast
to extend up to three feet higher than the antenna when needed for structural support.
Fees
The Subcommittee recommended that a flat fee be charged for planning review for amateur
radio/emergency communications antennas and that the total Town fees relative to installation of
an amateur radio/emergency communications antenna not exceed $600. The building permit fee
for installation of an antenna is $470, which would leave $130 for a planning review. While this
would be appropriate for review of a building permit application, it would be insufficient to cover
staff time to process an application requiring notice and/or a public hearing. Adoption of a flat fee
would require an amendment to the Town's Fee Schedule. If the Planning Commission supports
a flat fee, a recommendation should be made to the City Council on its implementation. If the
Council agrees with this recommendation, staff will prepare an amendment to the Fee Schedule
for adoption by the City Council.
Staff Report to the Planning Commission
Antenna Ordinance
August 23,2016
Page 3 of 3
, PUBLIC COMMENT
Notice of the public hearing was published in the Town Crier on August 3, 2016 and was posted
in designated Town posting locations. Interested residents who have provided email addresses to
staff received an email notification of the hearing on July 19, 2016. No additional written
comments have been received since the April 7, 2016 Planning Commission meeting. Any
comments received following distribution of this staff report will be provided to the Commission
as a supplemental exhibit.
CEQA STATUS
The project is categorically exempt from CEQA pursuant to section 15061(B)(3)which states that
a project is exempt where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment. A change to zoning regulations will
not result in an environmental impact. If a new application for an antenna has the potential to
cause an environmental impact, appropriate CEQA review would be required as part of the
planning review process.
ATTACHMENTS
1. Draft Ordinance (eight pages)
2. Current and proposed antenna regulations (one page)
ATTACHMENT 1
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS
AMENDING SECTIONS 10-1.202, 10-2.301, 10-1.504,AND 10-1.505
AND ADDING ARTICLE 15 OF CHAPTER 2 OF TITLE 10
OF THE LOS ALTOS HILLS MUNICIPAL CODE PERTAINING TO
REGULATIONS ON THE ERECTION OF AMATEUR RADIO ANTENNAS
WHEREAS, in September 1985, the Federal Communications Commission ("FCC") released a
Memorandum Opinion and Order, known as "PRB-1," requiring local regulations of amateur radio
communications to be crafted to reasonably accommodate such communications and "to represent the
minimum practicable regulation to accomplish the local authority's legitimate purpose;"and
WHEREAS,in 1986, the City Council of the Town of Los Altos Hills ("City Council") adopted
an ordinance codifying regulations regarding the height and permitting requirements for the erection of an
antenna in the Town; and
WHEREAS, in 1996, the City Council amended the Los Altos Hills Municipal Code
("Municipal Code") to require that the construction of any antenna equal to or greater than 40 feet in
height requires approval of a site development permit by the Planning Director, as well as public notice
and hearing; and
WHEREAS, in November 2000, the FCC released an"Order of Reconsideration," revisiting its
PRB-1 order, and elaborating on the meaning of "reasonable accommodation" of amateur
communications with regard to local regulations, providing that extreme or excessive prohibition of
amateur communications would not be a reasonable accommodation but zoning regulations preserving
residential areas by forbidding industrial types of antennas would not be seen as a failure to provide
reasonable accommodations; and
WHEREAS,the City Council desires to establish a more detailed permitting procedure and siting
regulations regarding the construction of amateur radio antennas in the Town.
NOW,THEREFORE,the City Council of the Town of Los Altos Hills does hereby ORDAIN as
follows:
Section 1. AMENDMENTS.
The City Council hereby amends the following sections of the Los Altos Hills Municipal Code to read as
follows (with text in strikeout indicating deletion and double underline indicating addition). Sections and
subsections that are not amended by this ordinance are not included below, and shall remain in full force
and effect.
A. Section 10-1.202 Designated.is hereby amended:
10-1.202 Designated.
Accessory use or accessory structure means a subordinate use or subordinate structure customarily
incident to and located on the same lot or parcel with the primary use.
Agriculture means and includes animal husbandry,livestock farming, flower growing, crop and tree
farming, and viticulture.
Alteration,as applied to a building or structure,means a change or rearrangement in the structural parts
or in the existing facilities, or an enlargement,whether by extending on a side or by increasing in height,
or the moving from one location or position to another.
Amateur Radio Antenna means an antenna used for amateur radio(HAM Radio)and/or emergency
communications.
Antenna means any device used to transmit and/or receive electromagnetic waves.
Antenna Mast means a structure that is used to support an antenna.
Area,Gross."Gross area"means the total area included within the boundaries of any parcel or lot of
land,which boundaries are specified in the deed to the property.
B. Section 10-2.301 Permits.is hereby amended:
10-2.301 Permits.
(b) Administrative Review with Notice and Hearing.The Planning Director shall, after
notice and public hearing pursuant to Section 10-2.1305(b),review and act on site development
permit applications for the following activities:
(6) The construction or installation of any antenna equal to or greater than sixty-three(63)
feet in height,other than an amateur radio antenna;
C. Section 10-1.504 Height. is hereby amended:
10-1.504 Height.
(e) Antennas and Dish Antennas.No antenna,whether freestanding or attached to a building,
shall be erected or installed until any permit required by Section 10-2.301 shall first have been
obtained and the allowable height thereby determined.The height shall be measured from the
ground level to which any antenna may be extended,whether freestanding or attached to a building
shall mean the vertical distance at any point from the natural ground level of the property on which
building pad on the property if excavated below natural ground level,whichever elevation is lower,
directly below the highest point of the antenna to the highest left point of the antenna directly
above.
(f) Amateur Radio Antennas. The allowable height and permit process for erection and
installation of an Amateur Radio Antenna shall be governed by the provisions of Section 10-2.1501.
( (g) The standards set forth in this section for height are maximum standards.The City
Council and Planning Commission have the discretion to apply stricter standards to reduce height
where site specific constraints dictate further limitations, such that the purposes of the ordinances
are complied with. Some examples of site constraints include,but are not limited to,the shape or
natural features of the lot, easements which restrict development,or high site visibility.
D. Section 10-1.505 Setback lines.is hereby amended:
10-1.505 Setback lines.
The location of structures with respect to property lines, street rights-of-way, and easement lines shall be
regulated as follows:
(b) Exceptions to the setback line requirements are as follows:
(1) For additions and remodels to existing legally constructed structures with eaves that
currently extend beyond the required setbacks,the addition or remodel shall be allowed to be
constructed so as to match the existing eave extension.
(2) For additions,remodels and new construction on properties where the options for siting
of structures are substantially constrained by existing natural features of the lot(e.g., steep
slopes, significant natural water courses,unusual lot configurations or size,mature oak trees,
earthquake fault zones,or native vegetation) or by dedicated conservation,open space, or
access easements,eaves may extend into any front, side, or rear yard not more than four(4)
feet.This exception may be granted in writing by the Town Planner;provided that,the Town
Planner,in his or her discretion,may have the Planning Commission make this determination.
If the applicant disagrees with the Town Planner's decision,the applicant may request that the
Planning Commission make this determination and the Planning Commission shall do so.
Nothing in this section nor any decision made under this section shall preclude a property
owner from applying for a variance under Article 10.
(3) Amateur radio antennas structures(base or mast) shall not be located within required
setbacks. Setbacks are measured from property lines.Elements and/or guy wires may be
located within the thirty(30) foot rear yard or thirty(30)foot side yard not adjacent to a public
or private street right-of-way provided that no portion of the antenna, support structure and/or
guy wires extends over a property line. Antennas shall have appropriate vertical clearance so
as to not interfere with private driveway access.
E. Article 15 of Chapter 2 of Title 10,is hereby added:
Article 15. Amateur Radio Antennas
10-2.1501 Permits Required,
No person shall commence or perform any activity described in this section without first
obtainin• a buildin• or site develo.ment •ermit.A se.large .ermit shall be re.uired for each site on
which any action(s) covered by this section are to be undertaken.
(a) Administrative Review. The Planning Director or designee shall review and act on
building applications for amateur radio antennas up to forty(40)feet in height for fixed height antennas
or retractable antennas that are not higher than forty(40) feet when retracted,and not higher than sixty-
three(63)feet when fully extended,without the necessity of a site development permit application or
public hearing,provided that the antenna is in compliance with applicable zoning and building code
requirements. Prior to submission of a building application for construction of an amateur radio antenna,
the applicant is required to provide written notification to the property owners of all properties adjacent to
the property on which the antenna is proposed to be located.
In addition to any other findings required by this ordinance,the Planning Director shall
consider the following guidelines in reviewing a building application to erect an amateur radio
antenna:
1. The antenna is located in the least obtrusive location on the property,taking into
consideration the orientation and views of neighboring homes,while ensuring reasonable use of the
antenna.
2. Landscape screening may be required as needed to mitigate visual impacts to
surrounding homes.
3. It is preferred that retractable antennas be retracted when not in use.
4. Motorized retractable antennas are preferred to all other retractable antennas.
5. The antenna mast is designed to be no more than three(3) feet higher than the
fixed or fully retracted height of the antenna_as_may be needed for structural support.
(b) Administrative Review with Notice. The Planning Director shall, after notice to all
individuals owning property within 500 feet of the proposed project site,review and act on site
development permit applications for construction or installation of an amateur radio antenna with a fixed
height or retracted height greater than forty(40)feet. If an objection is submitted in writing by a noticed
property owner within fourteen(14)days of the date of the notice,a public Site Development hearing
shall be held.
In addition to any other findings required by this ordinance,the Planning Director shall
consider the following guidelines in reviewing a site development permit application to erect an
amateur radio antenna:
1. The antenna is located in the least obtrusive location on the property,taking into
consideration the orientation and views of neighboring homes,while ensuring reasonable use of the
antenna.
2. Landscape screening may be required as needed to mitigate visual impacts to
surroundin• homes.
3. It is preferred that retractable antennas be retracted when not in use.
4. Motorized retractable antennas are preferred to all other retractable antennas.
5. The antenna mast is designed to be no more than three feet higher than the fixed
or fully retracted height of the antenna as may be needed for structural support.
(c) Exception.A site development permit shall not be required for the installation of an
amateur radio or emergency communications antenna that is forty(40) feet or less in height(fixed or
retracted height)and,if retractable,does not extend higher than sixty-three(63) feet when in use.
Section 2. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid or unconstitutional, the remainder of this ordinance, including the application of such part or
provision to other persons or circumstances shall not be affected thereby and shall continue in full force
and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los
Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or
unenforceable.
Section 3. EFFECTIVE DATE; PUBLICATION.
This ordinance shall take effect thirty(30)days after adoption.Pursuant to the provisions of
Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney.
At least five(5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the
City Clerk shall(1)publish the Summary, and(2)post in the City Clerk's Office a certified copy of this
Ordinance.Within fifteen(15) days after the adoption of this Ordinance,the City Clerk shall cause a
certified copy of the full text of this ordinance or a summary thereof to be published once,with the names
of those City Councilmembers voting for or against it,or otherwise voting, in a newspaper of general
circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
2697047.1
Antenna Regulations
Current Code Provisions Proposed Ordinance
Definition of antenna only Definitions of amateur radio antenna and antenna mast added
Allowable height language unclear Allowable height section clarified
Administrative review: antennas not exceeding 40 feet in No change
height (no notice required)
Administrative review with notice and public hearing: No change
Antennas 40+ to 63 feet in height
Planning Commission review: antennas higher than 63 ft. No change
Antennas and elements not allowed within required Antenna elements and guy wires may be within a setback not
setbacks adjacent to a street
No criteria for review of amateur radio antennas Guidelines for review added
Antenna criteria located under multiple code sections Antenna regulations located in one cohesive code section
N