Loading...
Item 9 - Zoning Ordinance Amendment (ZOA 86-02) AGENDA REPORT c;J' O .Wqy CITY OF POWAY 411" _� / f '.•...... ..w Cm, .M' TliE CEJ• 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 Seventeen of the 22 applications were approved , three were denied , and one was withdrawn .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 1 0F 6 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 20F6 • 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 30F6 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 4 OF 6 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 ® a I ` 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- — 4 itC— F2-e::)1n3 TITLE c-� cN �6ey1 ` SCALE �'� ATTACHMENT : SEP 2 1986 ITEM 9 6OF6