Item 9 - Zoning Ordinance Amendment (ZOA 86-02) AGENDA REPORT c;J' O .Wqy
CITY OF POWAY
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TO: Honorable Mayor and Members of e City Council
i FROM: James L. Bowersox, City Manag •+
Alk
INITIATED BY: Reba W. Touw, Director of Planning Serviced
Sharon E. Crockett , Assistant Planner See—
DATE: September 2 , 1986
SUBJECT: Zoning Ordinance Amendment ( ZOA 8602 ) : A City-
initiated amendment to Section 17 . 37 .020 ( Zoning
Development Code) of the Municipal Code dealing with
satellite dish antennas .
ABSTRACT
As a result of the July 10 , 1986 Council workshop, Staff was
directed to bring forward a recommendation for changes to Title 17
( Zoning Development Code) of the Municipal Code regarding satellite
dish antennas .
BACKGROUND
Council directed Staff to review the existing satellite dish
antenna regulations . Approximately two years ago, standards were
adopted that governed the installation of dish antennas through the
Minor Development Review procedure. The City has reviewed approxi-
mately 22 applications during this time. Seventeen of the 22
applications were approved , three were denied , and one was
withdrawn . Probably several other dish antennas have been
installed either prior to the adoption of the standards , or
following adoption and without the required permits . As part of
the Minor Development Review process , the adjacent property owners
were notified of the location, diameter , and height of the proposed
dish . Approximately 20 percent of the adjacent property owners
were concerned that adequate landscaping be provided to screen the
dish from their properties . Another 20 percent were in favor of
the dish even if a portion of the dish could be seen from their
property.
ACTION: Raloved from calendar to be •readvertised for future hearing when reworded
Suggested staff work with industry representati,es_in redrafting.
a~ w ;v"At SEP 2 1986 ITEM 9
Marjorie\K. Wahlsten, City Clerk
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Agenda Report
September 2 , 1986
Page 2
Staff has reviewed selected ordinances from other cities , reviewed
literature from the American Planning Association, received
suggestions from the community, and contacted satellite dish
antenna companies for reasonable suggestions on how to modify the
existing regulations . Approximately half of the dish antenna com-
panies have gone out of business during the last year , probably due
to the scrambling of the prime stations ' transmissions . Basically,
a ten foot diameter dish is necessary on the west coast to receive
the full range of satellite transmissions . The height of the dish
is determined by its location and any obstacles between the dish
and the satellites . In most situations , a height of 12 feet is
adequate to receive satellite transmissions .
The attached proposed ordinance incorporates some of the recommen-
dations from the above-referenced resources and tries to present a
reasonable compromise for all concerns . In addition, it modifies
the existing ordinance , so that ,dish antennas six feet or less in
diameter do not require a Minor pevelopment Review permit .
ENVIRONMENTAL REVIEW
The proposed Zoning Ordinance Amendment will not result in any
potentially significant environmental impacts . The issuance of a
Negative Declaration is recommended .
FINDINGS
The proposed modifications are consistent with the intent and pur-
poses of the General Plan and Zoning Development Code.
RECOMMENDATION
It is recommended that the City Council adopt the proposed Zoning
Development Code Amendment, issue a Negative Declaration , and set
the second reading for the 16th of September , 1986 .
JLB:RWT:SEC:nm
Attachments :
1 . Proposed Ordinance
2 . Letter from Green Valley Civic Association
SEP 2 1986 ITEM 9
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•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY , CALIFORNIA
AMENDING CERTAIN SECTIONS OF TITLE 17
( ZONING DEVELOPMENT CODE)
OF THE POWAY MUNICIPAL CODE
WHEREAS, the City Council periodically finds it necessary to
amend Title 17 ( Zoning Development Code) of its Municipal Code in
response to changing conditions within the City; and
WHEREAS , the City Council held a duly advertised public hearing
to provide interested parties the opportunity to address the pro-
posed amendments .
NOW, THEREFORE, BE IT ORDAINED that the City Council hereby
adopt the following amendments as part of Title 17 ( Zoning
Development Code) of the Poway Municipal Code:
SECTION 1 : Amendments to the following sections of the
Municipal Code are hereby established and shall read as
follows :
SATELLITE .DISH ANTENNAS
Sections :
17 . 37 . 010 Purpose.
17 . 37 .020 Conditions .
17 . 37 . 010 Purpose . In order to minimize the adverse visual
and aesthetic effects that the erection of a satellite dish antenna
may have on the neighborhood or area in which it is located, the
following regulations are established .
17 . 37 . 020 Conditions . Satellite dish antennas may be
installed , erected , and maintained within all residential , commer-
cial , and manufacturing zones of the City only in accordance with
the following provisions :
A. "Satellite dish antenna" or "dish antenna, " as used in this
chapter , means any system of wires , cables , amplifiers , reflecting
disks , or similar devices used for the transmission or reception of
electromagnetic waves , which system is external to or attached to
the exterior of any building .
B . Amaximum height of_12 feet is permitted for dish antennas
— — — — — — — — — — — — — — — — — — — —
as measured from the highest point of the finished grade adjacent
to the structure if ground-mounted or from the point of mounting if
roof-mounted .
SEP 2 1986 ITEM 9
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Ordinance No .
Page 2
C. Dish antennas shall not be located within a required set-
back area for primary structures within the underlying zone
district . Dish antennas shall not be located between a building
and an exterior property line abutting a public or private road
( i .e . , not located in front yards or street side yard setback
areas ) . (Replaces No. C of the Section 17 . 37 . 020 Conditions . )
D. Installation of some dish antennas will require a building
permit for the foundation, and an electrical permit will be
required for any power-driven dishes .
E. All dish antennas greater than six feet in diameter and/or
height shall require a Minor Development Review permit . Dish
antennas less than six feet in diameter and/or height do not
require a Minor Development Review permit but may require building
and electrical permits as descri1bed in subsection D of this sec-
tion , and do require screening as described in subsections F and G
of this section.
F. All dish antennas located in residential zones shall be
ground-mounted and shall be screened from adjacent or across the
street properties by the use of Ian architectural feature , fencing
and/or landscaping. Required landscaping materials installed to
meet this requirement shall be of a size , type, quality, and loca-
tion to reasonably screen the antenna within a two-year period .
(Replaces No. F of Section 17 . 37,. 020 Conditions . )
G. In commercial and manufacturing zones , dish antennas may
be roof-mounted or ground-mounted . The dishes shall be screened ,
in a manner architecturally consistent with the building , from on-
site parking areas , adjacent streets , and adjacent residentially
zoned properties . Screening installed to meet this requirement may
include the extension of the buiilding or structure, solid fencing ,
masonry wall , landscaping , or other methods found to be compatible
with the architecture , building 'materials , and site plan . Required
screening shall comply with the development standards of the speci-
fic zone . (Replaces No . G of Section 17 . 37 . 020 Conditions . )
H. The antenna, including :guy wires , supporting structures
and accessory equipment, shall be constructed of materials that are
not unnecessarily brights shiny,! or reflective and shall be colored
to blend with the immediate surroundings . Only wire mesh dish
antennas are permitted.
Z . Maximum dish diameter shall not exceed 10 feet.
J. A maximum of one satellite dish antenna per lot shall be
allowed in single-family residential zones .
SEP 2 1986 i ) c ,,, 9
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Ordinance No.
Page 3
K. All satellite dish antennas in any zone, constructed and
erected prior to the effective date of the ordinance codified
herein , which do not conform toithe requirements of the provisions
of this title for the particular zone in which they are located,
shall be accepted as nonconforming antennas for a period of three
years , to expire September 16 , 1989 . Thereafter , the satellite
dish antennas shall be subject to_immediate abatement via removal_
or through modification to comply with the standards of the ordi-
nance.
L. All prgposed dish antennas which do not comply with the
above standards shall require a variance as provided in Section
17 .50 .
SECTION 2 : The City Council of the City of Poway hereby finds
that the amendment is consistent with the General Plan and the
intent and purpose of the Zoning Development Code .
SECTION 3 : The City Council of the City of Poway hereby finds
that the amendment will not :cause significant adverse impacts
on the environment and issues a Negative Declaration .
EFFECTIVE DATE: This ordinance 'shall take effect and be in force
thirty ( 30 ) days after the date of its passage; and before the
expiration of fifteen ( 15 ) days after its passage , it shall be
published once with the names of members voting for and against the
same in the Poway News Chieftain, a newspaper of general cir-
culation published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway herd the 2nd day of September 1986 ,
and thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the 16th day of September , 1986 , by the following
roll call vote:
AYES : COUNCILMEMBERS :
NOES : COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS:
Carl R. Kruse, Mayor
Marjorie K. Wahlsten, City Clerk
SEP 2 1986 ITEM 9
5016
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GREEN VALLEY
• CIVIC ASSOCIATION
31 May 1986 RECEIVED
The Honorable Carl Kruse JUN 21986
•
Mayor of Poway
Members of the City Council CHI eInHewcna Leta
City of Poway
P . O . Box 785
Poway , California 92064
•
• Dear Mayor Kruse and Council Members :
•
In response to your request for our suggestions as to how the City ' s
Ordinance governing satellite dishes should be modified , the officers
and advisors of Green Valley Civic Association have voted to reco-
mmend the following :
-Satellite dishes should be allowed only in the rear yard of
a home or business , excluding the rear and sideyard setbacks .
-They should be mounted on the ground .
-They should be no more than six feet in diameter . •
-They should be completely screened from those immediately
across the street , from the time of installation .
-They should be of non-reflective material and colored to
blend with the immediate surroundings .
We also recommend that the Ordinance make it as difficult as
possible to deviate from these rules . Thank your for inviting-
our participation.
Si cerely,
Dick Allen
President , Green Valley Civic Association
16461 Bronco Lane
Poway , California 92064 •
CITY OF POWAY ITEM :z—c/a- —
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SEP 2 1986 ITEM 9
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