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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: 2 of 13 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. JLB:JDF:RWQ:CMR:kls 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