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HomeMy WebLinkAbout3E-21 ORDINANCE NO. 3E-21 AN URGENCY ORDINANCE OF THE CITY OF SARATOGA IMPOSING A MORATORIUM ON THE INSTALLATION OF CERTAIN RADIO ANTENNAS PENDING THE ADOPTION OF NEW REGULATIONS PERTAINING THERETO The City Council of the City of Saratoga hereby finds and determines as follows: 1. The Federal Communications Commission has issued a Memorandum Opinion and Order, designated as "PRB-i", which provides for limited Federal preemption of local zoning ordinances pertaining to amateur radio facilities. 2. The City of Saratoga has commenced a study to determine and establish reasonable regulations on the placement and height of radio antennas which are consistent with the FCC Memorandum Opinion and Order. 3. The existing Zoning Ordinance may need to be revised by reason of PRB-1, but pending the adoption of new regulations, there is a serious risk that radio antennas will be installed by persons who consider the present regulations as preempted by Federal law and therefore unenforceable. 4. Unless a moratorium is imposed upon the installation of certain radio antennas, such antennas may be installed in violation of existing regulations and in violation of any new regulations that may be adopted to comply with the requirements of PRB-1. Such violations may include, but are not limited to, setback restrictions, height limitations and impairment of scenic views. Now, THEREFORE, pursuant to Section 65858 of the Government Code, the City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: No radio antenna shall be erected or installed in any zoning district except in compliance with the following restrictions: (a) If the antenna is roof-mounted, the height of the antenna shall not exceed fifteen feet above the highest point of the roof line, and in no event shall exceed forty-five feet in height as measured by a vertical line from the top of the antenna to the finished grade of the structure to which the antenna is attached. (b) If the antenna is ground-mounted, it shall be deemed an accessory structure and shall not exceed either thirty feet in height or the height limit for accessory structures prescribed by the Zoning regulations for the district in which the antenna is located, whichever is less. Such antenna shall also comply with all applicable setback regulations for accessory structures. SECTION 2: This ordinance is adopted as an urgency measure for the protection of the public health, safety and welfare and shall become effective immediately upon its passage and adoption. The statement of findings is specifically referred to and incorporated herein by reference. This ordinance shall be operative for a period of forty-five days from the date of its adoption unless extended pursuant to Section 65858 of the Government Code. SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 21st day of May, 1986, by the following vote: AYES: Councilmembers Callon, Fanelli, Hlava, Moyles and Mayor Clevenger NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK The above and foregoing is a true and correct co,.n,y ,-.f C:'~'~n~s E3e--~-/_ which has been pUD~iS~,~_; ~;t. ,,i'di~zg tO law. Deputy City Clerk Date