Palmdale Proposes Rewrite of Amateur Radio Antenna Ordinance

[Bob C]

From: Laurie Lile
Sent: Tuesday, January 25, 2011 3:16 PM
Subject: Revisions to the City of Palmdale Zoning Ordinance regulations regarding amateur radio antennas

Good afternoon,

After some delay, we have completed a revised draft ordinance to modify the City's existing zoning regulations relating to amateur radio antennas.  Attached is the draft ordinance for your review and comment.  Although the Planning Commission already acted on the previous version, it is our intent that this issue be presented and heard by the Planning Commission again before consideration by the City Council.  In an effort to provide additional opportunities for input, we propose the following process schedule:

1.      Special report before the Planning Commission at the February 10 Planning Commission meeting to outline the proposed changes from the previous draft ordinance.

2.      Public Hearing before the Planning Commission at the March 10 Planning Commission meeting.
3.      Public Hearing before the City Council to approve the Ordinance as proposed, tentatively scheduled for April 6.

We have forwarded this email to those interested individuals for whom we had email addresses.  Clearly, this is not an exhaustive list of every interested party.  Please feel free to forward this to any other local radio operators that may be interested in reviewing and commenting on this proposal.  If you have any questions concerning the provisions of the draft ordinance, or if you would like to meet to discuss the proposal, please contact me at the phone number provided below or contact Planning Manager Richard Kite at (661) 267-5200.

Thank you, 

Laurie Lile
Assistant City Manager

City of Palmdale -- Administration
38300 Sierra Highway, Suite A
Palmdale, CA 93550
www.cityofpalmdale.org


Draft proposal follows in separate posts

[Bob C]

[Bob C]

[Bob C]

[lagomorphmom]

Ok, I like to read, but didn't have time for that. Scrolling down to the bottom, is this the nutshell?

"1.   The antenna/antenna structure shall not exceed a maximum height of 35 feet when measured in the nested position.
2.   The antenna/antenna structure shall not exceed 75 feet when in operation.
3.   Any horizontal array shall not extend into any required setback and shall not have a maximum width exceeding 30 feet.
4.   The antenna/antenna structure shall be located in the rear yard.
5.   The lot contains foliage that reduces the visibility of the antenna
6.   The antenna is colored to minimize its reflectivity and blend with its surroundings as much as possible.
7.   When not in use, any retractable antenna shall be kept in its nested position and shall not extend above 35 feet in height. "

If so, 1-3 seem within FCC regs if my poor memory serves?
4 doesn't seem too bad
But 5 is impractical if you don't have pine trees in PALMDALE. Maybe you could go to Michael's and get a bunch of faux foliage to trim it with??? 
6: Anybody know where to buy camo spray paint? 
Lastly, 7 is ridiculous if they're talking about up and down every time you turn your radio on. 

[Wrightwood]

I see all sorts of problems.

The horizontal array does not exceed 10 feet in width
Does this prevent long wire antennas?

The name, address and call letters of the amateur radio operator
What happens if applicant is not a licensed amateur radio operator and just a hobbyist who wants to listen?

No more than one antenna structure shall be permitted on any lot or structure
Sounds like this would be an issue on having a VHF antenna and HF antenna on a different mast on the property

The antenna/antenna structure is located on a lot of at least one acre in size
I'm not sure how this requirement fits in


BobC - isn't there a longer version available? 

[Bob C]

Isn't it ironic how Palmdale wants to continue to screw with amateur radio operators and their little antennas, while these same amateurs have to live in the shadow of that enormous wind turbine at Palmdale Lake?

And you can bet that Palmdale will have no problem allowing cell towers to continue to be built... because they get good "rent" money from the cell companies. Oh sure, they'll want the cell towers to be built on existing light poles, or they'll want the towers disguised as pine trees or palm trees, but still!

[SkierBob]

I don't think COP knows the difference between an antenna and a tower. 

and most of the housing track lots in Pdale are smaller then an acre.

Under this ordinance the tower my grandpa  had in Palmdale wouldn't be allowed nor would the one my dad  had when he lived in Palmdale.  Both were on lots smaller then an acre. I'm also pretty sure both their beams rotated over the neighbors back yard. 

[Wrightwood]

I find it interesting that not every tower is off limits in Palmdale:

The city is allowing shopping centers and business parks to install small wind turbines atop light towers in parking lots. A 17-turbine plot is already in the works at Sam's Club.

http://articles.latimes.com/2009/oct/21/local/me-wind-farms21

[Bob C]

I find it interesting that not every tower is off limits in Palmdale:

The city is allowing shopping centers and business parks to install small wind turbines atop light towers in parking lots. A 17-turbine plot is already in the works at Sam's Club.

Already in place.. Strange looking things, too. They are basically mounted on the top of each of the parking lot street light poles. The actual blades aren't all that big (I don't know... 6 feet maybe?). But you're right... its convenient and "ok" to things, when they want to. Its back to the old "Do as we say, not as we do" mentality.

There's two large solar plants along Hwy 14 near Avenue G that sprung up, too (the grid of mirrors focusing sun on a tower kind of deal).

[lagomorphmom]

The horizontal array does not exceed 10 feet in width
Does this prevent long wire antennas?

But at the bottom the language says 30 feet.

Is the top part the language that they eliminated for redo and the bottom part the new language?

[Wrightwood]

http://tinyurl.com/4aefwk9

In Zubarau v. City of Palmdale, published January 27, 2011, the 2nd District Court of Appeal addressed a trial court writ of mandate that reversed a city's order that a homeowner take down a tall ham radio antenna on his property.  The court reversed the trial court' s ruling that the city's takedown order was not supported by substantial evidence; the city's aesthetic and safety grounds for ordering the takedown were supported by substantial evidence.  The court also reversed the trial court's ruling that the city's ordinance concerning antenna height was unenforceable based on vagueness.  The appellate court further ruled that the city could not regulate the antenna based on radio frequency interference, since that area has been fully occupied by federal law.

Appeals decision from Judge David P. Yaffe:

http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/Zubarau.v.CityPalmdaleB216308.pdf

[Wrightwood]

[Wrightwood]

ARRL posted the City of Palmdale's mast head at the end of the article:

[Wrightwood]

Here's the latest from Palmdale:

CC & CRA REGULAR MEETINGS
CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B
PALMDALE, CALIFORNIA
APRIL 06, 2011
7:00 P.M.

www.cityofpalmdale.org

WELCOME
 
7.2    Zoning Ordinance Amendment (ZOA) 11-02, Ordinance No. 1415. City of Palmdale, applicant.  A request by the City of Palmdale proposing an amendment to Palmdale Zoning Ordinance Section 95.03, Vertical Antennas, revising the entire Section 95.03 setting forth application processes and development standards for the installation of amateur radio antennas.  It is the purpose of the regulations to reasonably accommodate amateur radio communications while ensuring that amateur radio antennas are designed, installed and located in a manner that ensures compatibility with adjacent and surrounding land uses and minimizes potential adverse aesthetic effects.  The project is located City-wide for Zoning Ordinance Amendment 11-02. (Staff Reference:  Planning Manager Kite)

Read Ordinance Title

View Staff Report
http://palmdale.granicus.com/MetaViewer.php?view_id=2&event_id=77&meta_id=78475

    7.2a    ORDINANCE NO. 1415, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE ESTABLISHING REGULATIONS FOR THE DEVELOPMENT OF AMATEUR RADIO ANTENNAS IN AGRICULTURAL AND RESIDENTIAL ZONES AND IN RESIDENTIALLY DEVELOPED PROPERTIES BY DELETING IN ITS ENTIRETY AND RESTATING ZONING ORDINANCE SECTION 95.03; ESTABLISHING AN AMATEUR RADIO ANTENNA PERMIT AS A MISCELLANEOUS ADMINISTRATIVE APPROVAL FOR CERTAIN AMATEUR RADIO ANTENNAS BY CREATING NEW ZONING ORDINANCE SECTION 26.11; AND MODIFYING THE DESCRIPTION OF ACCESSORY STRUCTURES FOR A-1, R-1, R-2 AND R-3 ZONE DESIGNATIONS BY REPLACING THE TERM "VERTICAL ANTENNA" WITH THE TERM" AMATEUR RADIO ANTENNA." (ZONING ORDINANCE AMENDMENT 11-02).

    Move to introduce Ordinance No. 1415.  (Vote - Requires a majority to introduce.)

    Open Public Hearing and receive Testimony

    Move to close Public Hearing. (Voice Vote - Requires a majority to close.)

    Move to adopt Ordinance No. 1415.  (Vote - Requires a majority to adopt.)

View Ordinance No. 1415
http://palmdale.granicus.com/MetaViewer.php?view_id=2&event_id=77&meta_id=78488

[SkierBob]

I hear this is on the city council agenda for tonight.

 

[lagomorphmom]

Highlights:

- The design will provide for the minimum footprint necessary for structural support, but in no case shall the structure footprint exceed four square feet.

- No more than one antenna structure shall be permitted on any lot or structure.

- A fixed height or retractable antenna/antenna structure that is installed, placed or maintained at a height that does not exceed 35 feet in height when in use and does not include a horizontal array that exceeds 10 feet in width.

Antennas Permitted Through Administrative Zoning Clearance
- A retractable antenna/antenna structure that meets all of the following characteristics:
a. The antenna/antenna structure is located on a lot of at least one acre in size;
b. The antenna/antenna structure does not exceed a maximum height of 35 feet when measured in the nested position;
c. The antenna/antenna structure does not exceed 75 feet when in operation;
d. The horizontal array does not exceed 10 feet in width;
e. The antenna/antenna structure is located in the rear yard;
f. The lot contains foliage that reduces the visibility of the antenna [LM: in the DESERT???} ; and
g. The antenna is colored to minimize its reflectivity and blend with its surroundings as much as possible.

Under the permit section is as above with the addition of the following:
7. When not in use, any retractable antenna shall be kept in its nested position and shall not extend above 35 feet in height.

[Wrightwood]

The horizontal array does not exceed 10 feet in width

Yea.. like that will work for many of the HF configurations

[SkierBob]

g. The antenna is colored to minimize its reflectivity and blend with its surroundings as much as possible.

Then from my observations antenna colors would be as follows:

Eastside Palmdale would require antenna's to be black
Down town Palmdale would require antenna's to be brown
West Palmdale would require antenna's to be white

ok, maybe that's not what they ment. 

[Wrightwood]

Palmdale tries again to restrict ham radio antennas tonight at 7pm.

http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/ProposedOrdinanceNo.1415.pdf

http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/Ordinance1415.9.7.11.pdf