Be careful with using the new California PRB-1 law, Bill. A friend
of mine pointed out to me that it doesn't apply to charter cities in
California. This includes places like Los Angeles, San Francisco,
and 103 others. This is outlined in a report on the bill (AB1228) by
the California Senate's legislative analyst:
http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1228_cfa_20030515_120602
_sen_comm.html
Snip>>>>>
3. Not charter cities . The California Constitution lets
charter cities control their own municipal affairs. The
105 charter cities must follow statewide laws only for
issues of statewide concern when the Legislature has fully
occupied the field. The courts -- not the Legislature --
interpret the Constitution and decide what's a municipal
affair and what's an issue of statewide concern. Further,
the Planning and Zoning Law acknowledges that its zoning
provisions don't apply to charter cities. Because AB 1228
does not declare that regulating the height of amateur
radio antennas is an issue of statewide concern, the bill
does not apply to charter cities. If the Committee wants
the bill to control charter cities, then it should insert a
specific declaration that the Legislature considers antenna
heights for antennas to be an issue of statewide concern
and insert a persuasive recital of legislative findings to
bolster that claim. Even then, the courts must agree.
<<<<<<<<<<<<<<<<<<<<<<<<
73 de Mike,
W4EF...............................................................
----- Original Message -----
From: "Bill Crews" <bcrews56@sprintmail.com>
Sent: Sunday, September 07, 2003 9:14 AM
> I am facing a dilemma in regards to erecting my WT51 in my yard.
> I have scoured the area and talked to other hams in regards to
> the permitting process and almost 90% of them didn't bother and
> never had faced problems from the city or their neighbors.
>
> My neighbor hood does not have CC&Rs against antennas. The city
> has an ordinance with a height limitation of 35'. California recently
> passed its own PRB-1. If I were to go the permit part and ask for a
variance
> in accordance with the "accommodation" clause of the California PRB-1
> then I would be the test case and wind up having to educate the
> city. Chances of winning, 50/50?
>
> Opinions?
>
>
> Bill
> W2WHC
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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