Item 9 - EA ZOA 94-04 to Allow Roof/Facia Satellite Dish in Res Zones AGnNDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. ~owersox, City Mana~m~~
DATE: April 18, lgg5
SUBJECT: Environmental Assessment and Zoning Ordinance Amendment 94-04, An amendment
to Section 17.37 of the Municipal Code to allow roof and facia mounted
satellite dish antennas in residential zones.
ABSTRACT
Staff was directed to prepare a zoning ordinance amendment which would allow satellite
dish antennas 24 inches in diameter or smaller to be installed on a building facia or
roof in residential zones.
ENVIRONMENTAL REVIEW
An environmental initial study has been completed and it is recommended that a Negative
Declaration be issued.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain.
RECOMMENDATION
It is recommended that the City Council hold first reading of Zoninq Ordinance Amendment
94-04, issue negative declaration, and continue the item to May 2, lg95 for second
reading and adoption,
ACTION
e: \c i t¥\pL ann i ng\repor t \zoa9404. sum
APR 18 1995 ITEM
AGENDA REPOR --
CITY OF POWAY
TO: Honorable Mayor and Members or_the City Council
FROM: James L. Bowersox, City Mana~~'}
INITIATED BY: John D. Fitch, Assistant Ci ager~~¥,, ~_~,r~<
Reba Wright-Quastler, Director of Planing Services
Carol Rosas, Assistant Planner II
DATE: April 18, 1995
SUBJECT: Environmental Assessment and Zoninq Ordinance Amendment 94-04,
An amendment to Section 17.37 of the Municipal Code to allow
roof and facia mounted satellite dish antennas in residential
zones.
BACKGROUND
At the December 13, 1994 public meeting the City Council considered an agend~
report on the placement of smaller sized satellite dishes. Staff was
subsequently directed to prepare a zoning ordinance amendment which would allow
satellite dish antennas 24 inches in diameter or smaller to be installed on a
building facia or roof in residential zones.
FINDINGS
Section 17.37 of the Poway Municipal Code presently permits the installation of
ground mounted satellite dishes on residentially zoned properties, but roof
mounted dishes are prohibited. The purpose of the ordinance is to minimize the
adverse visual and aesthetic effects that the erection of a satellite dish
antenna may have on a neighborhood.
It is thought that the new smaller satellite dish antennas are unobtrusive and
have less of a visual impact than the larger dishes. Therefore it is recommended
that Section 17.37 be amended to permit by right the installation of roof or
facia mounted satellite dish antennas in residential zones provided the antennas
comply with the following standards:
1. The size of the satellite dish antenna shall not exceed 24 inches in
diameter.
ACTION:
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APR 1 B 1995 ITEM 9
Agenda Report
- April 18, 1995
Page 2
2. The satellite dish antenna shall not exceed the height of the ridge of the
roof unless visually screened from the street or road by an architectural
feature of the residence, such as a chimney.
3. The satellite dish antenna shall be a neutral color or a color that blends
with the roof or facia.
4. The satellite dish antenna shall be mounted on the portion of the building
that is the furthest away from the street.
ENVIRONHENTAL REVIEW
An environmental initial study has been completed and it has been determined that
the proposal will not have a significant impact on the environment. It is
therefore recommended that a Negative Declaration be issued.
FISCAL IHPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF
Public notice was published in the Poway News Chieftain.
RECOMMENDATION
It is recommended that the City Council hold first reading of Zoninq Ordinance
Amendment 94-04, issue negative declaration, and continue the item to May 2, 1995
for second reading and adoption.
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Attachments:
A. Proposed Ordinance
B. Initial Study
C. Negative Declaration
3 of 13 APR 18 1995 ITEM 9
ORDINANCE NO.
AN ORDINANCE OF THE OF THE CITY OF POWAY, CALIFORNIA
AMENDING CHAPTER 17.37 OF TITLE 17
OF THE POWAY MUNICIPAL CODE TO ALLOW FACIA AND ROOF MOUNTED SATELLITE DISHES IN
RESIDENTIAL ZONES SUBJECT TO STANDARDS (ZOA 94-04)
WHEREAS, the City Council periodically finds it necessary to amend Title 17
(Zoning Development code) of its Municipal Code to respond to changing conditions
in the City; and
WHEREAS, a properly noticed hearing was conducted in accordance with Section
65853, et seq., of the California Government code and with the California
Environmental Quality Act (CEQA) to consider this ordinance amendment (ZOA 94-
03); and
WHEREAS, the City Council finds that satellite dish antennas can be appropriate
structures in residential zones when care is taken to ensure that they do not
adversely impact surrounding properties;
NOW, THEREFORE, the City Council does hereby ordain as follows:
Section 1: Environmental Findinqs:
The City Council finds that said ordinance amendment will not result in
significant adverse environmental impacts and hereby issues a Negative
Declaration.
Section 2: City Council Action:
Sections 17.37.010D through 17.37.010I are hereby amended and shall read as
follows by shading for addition and strike-out for deletion:
D. Installation of ........... g~oun~:~:mQuri~o~ dish antennas~:~:~ ~e~ ~n ~e~g~
will require a the
~ermit shall be required for an~ ~ower driven d shes ~g~:.~s~Q~
E. All dish antennas six (6) feet or greater in diameter and/or height shall
require a Minor Development Review permit. Dish antennas less than six
(6) feet in diameter and/or height do not require a Minor Development
Review permit.
F. All ~:.~ dish antennas ~ ~ located in
resi~f~'~l"zones shall be groun~ mounted .~u ............. ~ ....... ~
APR 18 1995 ITEM 9
~ of 13
, Ordinance No.
-- Page 2
~] ~'~ "! ~"7'~:"f~]'!'¢::~i:::i::?::'~t?~ ~ ~::::*:~:~r:¥:~i '~:?:" :: ::::~ ?:~: ' ?~ ~fr~' r~'~z~??~::~:~:~ ~:¥:~: :¥~"~ ::~r~ ~-. "~,'.., r~ ..... ~¢~,
In comercial and manufacturing zones, dish antennas may be roof or ground
mounted. In either case, all dish antennas located within those zones,
regardless of their height and diameter, shall be screened from on-site
parking areas, adjacent public streets, and adjacent residentially-zoned
property. Roof mounted dish antennas shall be screened architecturally,
while ground mounted dish antennas shall be screened architectura11~ or
with landscaping.
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 and
members voting for and against the same in the Powa~ News Chieftain, a newspaper
- of general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway, State of California held the 18th day of April 1995 and thereafter
passed and adopted at a regular meeting of said City Council held the day
of , 1995 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
APRt81995 ITEM 9
5 of 13
CITY OF POWAY
INITIAL STUDY
ENV I ROIh~ENTAL CHEC~I. I ST
FILIN~ DATE: L~a NUMBE~:
P.0JECT LOCAT,ON:
I. ENVIRONMENTAL IMPACTS
(Fact-based explanations of all answers are required on attached sheets.)
YES MAYBE NO
1. Soils and Geology. Will the proposal have
significant impacts in:
a. Unstable ground conditions or in changes in /
geologic relationships?
b. Disruptions, displacements, compaction, or
burial of the soil?
c. Change in topography or ground surface
contour intervals?
d. The destruction, covering, or modification
of any unique geologic or physical
features?
e. Any potential increase in wind or water
erosion of soils, affecting either on- or /
off-site conditions?
.f. Changes in erosion, siltation, or
deposition?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards?
2. Hydrology. Will the proposal have significant
impacts in:
a. Changes in c~rrents, or the course in
direction of flowing streams, rivers, or
ephemeral stream channels?
b. Changes in absorption rates, drainage
patterns, or the rate and amount of
surface water runoff?
c. Alterations to the course or flow of
flood waters?
v
d. Change in the amount of surface water in ..~
any body of water?
Discharge Into surface waters, or an~ alter-
e.
action of surface water quality?
ATTACHMENT B APR 1 8 1995 IlEi~l 9
6 of 13
Environmental Study Checklist
Page 2
YES MAYBE NO
f. Alteration of groundwater
characteristics? v
g. Change In the quantity of groundwaters,
either through direct additions, or with-
drawals, or through interference with an
aquifer?
Quality?
Quantity?
h. The reduction in the amount of water otherwise
available for public water supplies? v/
i. Exposure of people or property to water
related hazards such as flooding or seiche8?
3. Air Quality. Will the proposal have significant
impacts in:
a. Constant or periodic air emissions from
mobile or indirect sources?
Stationary sources?
b. Deterioration of ambient air quality and/or
interference with the attainment of appli-
cable air quality standards?
c. Alteration of local or regional climatic
conditions, affecting air movement moisture
or temperature?
4.Flora. Will the proposal have significant
results in:
a. Change in the characteristics of species,
including diversity, distribution, or number /
of endangered species of plants?
b. Reduction of the numbers of any unique,
rare, or endangered species of plants?
c.Introduction of new or disruptive species
of plants into an area?
d. Reduction in the potential for agricultural
production?
5. Fauna. Will the proposal have significant
results in:
a. Change in the characteristics of species,
including diversity, distribution, or
numbers of any species of animals?
b. Reduction of the numbers of any unique, /
rare, or endangered species of animals?
c. Introduction of new or disruptive species
of animals into an area, or result In a
barrier to the mitigation or movement of
animals?
d. Deterioration or removal of existing fish
or wildlife habitat? APR 1 8 1... ITEM 9
7 of 13
Environmental Study Checklist
Page 3
YES MAYBE NO
6. Population. [Will the proposal] have significant
results in:
a. [Will the proposal] alter the location, distri-
bution, density, diversity, or growth rate of
the human population of an area? V
b. Will the proposal affect existing housing,
or create a demand for additional housing?
7. Socio-Economic Factors. Will the proposal have
significant results in:
a. Change In local or regional soclo--economic
characteristics, Including economic or
commercial diversity, tax rate, and prop-
arty values?
b. Will project costs be equitably distri-
buted among project beneficiaries, i.e.,
buyers, taxpayers, or project users?
8.Land Use and Plannin~ Considerations. Will the
proposal have significant results in:
a. A substantial alteration of the present or
planned land use of an area?
/
b. A conflict with any designations, objectives,
policies, or adopted plans of any govern-
mental entities?
c. An impact upon the quality or quantity of
existing consumptive or non-consumptive
recreational opportunities?
9. Transportation. Will the proposal have significant
results in:
a. Generation of substantial additional vehicular
movement?
b. Effects on existing streets, or demand for
new street construction?
c. Effects on existing parking facilities, or
demand for new parking?
d. Substantial impact upon existing transpor-
tation systems?
e. Alterations to present patterns of circu-
lat ion
or movement of people and/or
goods?
f. Alteration to or effects on present and
potential water-borne, rail, mass transit,
or air traffic?
g. Increases in traffic hazards to motor
vehicles, bicyclists, or pedestrians?
APR 18 1995 ITEM 9
~ of 13
Environmental Study Checklist
Page 4
YES MAYBE NO
10. Cultural Resources. Will the proposal have
significant impacts In:
a. A disturbance to the Integrity of archaeo-
logical, paleontological, and/or historical
resources?
11. Health, Safety, and Nuisance Factors. Will the
proposal have significant results in:
a. Creation of any health hazard or potential
health hazard?
b. Exposure of people to potential health
hazards?
c. A risk of explosion or release of hazardous
substances in the event of an accident? %/'
d. An increase in the number of individuals or
species of vector OF parthenogenic organisms /
or the exposure of people to such organisms?
e. Increase in existing noise levels? v/
f. Exposure of people to potentially dangerous
noise levels?
g. The creation of objectionable odors?
h. An increase in light or glare?
12. Aesthetics. Will the proposal have significant
results in:
a. The obstruction or degradation of any scenic
vista or view?
b. The creation of an aesthetically offensive
site?
c. A conflict with the objective of designated
or potential scenic corridors?
13. Utilities and Public Services. Will the proposal -
have significant need for new systems, or alter-
ations to the following:
a. Electric power? V/
b. Natural or packaged gas?
c. Communications systems?
d. Water supply?
e. Wastewater facilities?
f. Flood control structures?--~/'~
g. Solid waste facilities? v/
h. Fire protection?
9 of 1 3 APR 1 8 1995 ITEM 9
Environmental Study Checklist
Page 5
YES MAYBE NO
I. Police protection?
j. Schools?
k. Parks or other recreational facilities? ~/'
I. Maintenance of public facilities, including
roads and flood control facilities?
m. Other governmental services?
14. Energy and Scarce Resources. Will the proposal
have significant Impacts in:
a. Use of substantial or excessive fuel or /
energy?
b. Substantial increase in demand upon existing V,/
sources of energy?
c. An increase In the demand for development of /
new sources of energy?
d. An increase or perpetuation of the consump-
tion of non-renewable forms of energy, when
feasible renewable sources of energy are
available?
e. Substantial depletion of any nonrenewable
or scarce natural resources?
15. Mandatory Find.in~s of Significance.
a. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of fish
or wildlife species, cause a fish or wild-
life population to drop below self-
sustaining levels, threaten to eliminate
a plant or animal community, reduce the
number of restrict the range of a rare or
endangered plant or animal, or eliminate
important examples of the major periods /,
of the California history or prehistory? L/ -
b. Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one which
occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future.)
c. Does the project have impacts which are
individually limited, but cumulatively
considerable? (Cumulatively considerable
means that the incremental effects of an
individual proJect are considerable when
viewed In connection with the effect of
past projects, and probable future
projects.)
APR181995 ITEM 9
10 of 13
Environmental Study Checklist
Page 6
d. Does the proJect have envlronaental
effects which will cause substantial
adverse effects on human beings, either /
directly or indirectly?
II. DISCUSSION OF ENVIRONMENTAL EVALUATION
(i.e., of affirmative answers to the above questions plus a discussion of
proposed mitigation measures.)
III.DETERMINATION
On the basis of this initial evaluation:
[ proposed project COULD NOT have a significant effect on
I
find
the
the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect
in this case because the mitigation measures described on an
attac~ed sheet have been added to the project. A NEGATIVE
DECLARATION WILL BE PREPARED.
E project MAY have a significant effect on the
I
find
the
proposed
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
TITLE: -~%'1S~-~KT{ FI ~ ~ r"~L~ ~--
11 of 13 APR 1 8 1995 ITEM 9
DISCUSSION OF ENVIRONMENTAL EVALUATION
The proposal is to amend Section 17.37 of the Poway Municipal Code to allow
roof and facia mounted satellite dish antennas in residential zones, The intent of
the satellite dish ordinance is to minimize the adverse visual and aesthetic effects
that the erection of a satellite dish antenna may have on a neighborhood, It is
thought that the new smaller satellite dish antennas are unobtrusive and have less
visual impact than larger dishes, Amending the Code to allow additional siting
options for these smaller dishes will not result in a significant impact on the
environment.
APR181995 ITEM 9
12 of 13
_ ITY OF
SUSAN CALLERY. Deputy Mayor
BOB EMERY. Councilmem~r
MICKEY CAFAGNA, Councilmember
BETTy REXFORD, Councilmem~r
CITY OF POWAY
NEGATIVE DECLARATION
1. Name and Address of Applicant: City of Poway, 13325 Civic Center Drive, Poway,
CA 92064
2. Brief Description of Project: A city initiated amendment to the Poway Municipal
Code to allow the installation of roof and facia mounted satellite dishes in residential
zones throuqhout the City, subject to conditions.
3. In accordance with Resolution 83-084 of the City of Poway, implementing the
California Environmental Quality Act of 1970, the City of Poway has determined that~
the above project will not have a significant effect upon the environment. An
Environmental Impact Report will not be required.
4. Minutes of such decision and the Initial Study prepared by the City of Poway are on
file in the Department of Planning Services of the City of Poway.
5. This decision of the City Council of the City of Poway is final.
Contact Person: Carol Rosas Phone: (619) 679-4297
Approved by: Date:
Reba Wright-Quastler, Ph.D., AICP
ATTACHMENT C
~. City Hall Located at 13325 Civic Center Drive
Address: P.O. Box 789, Poway, California 92074-0789 · (619) 748-6600, 695-1400~''~
~ 13 of 13 :,
APR 1 8 1995 I'rtiNI 9