Ord 771 ORDINANCE NO. 771
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTERS 17.08, 17.18, AND 17.20 AND ADDING
CHAPTER 17.31 TO TITLE 17 OF THE POWAY MUNICIPAL CODE
PERTAINING TO AMATEUR RADIO ANTENNA INSTALLATIONS
(ZONING ORDINANCE AMENDMENT (ZOA) 14-002)
WHEREAS, the City Council seeks to amend the Poway Municipal Code (PMC)
by amending Chapters 17.08, 17.18, and 17.20 and adding Chapter 17.31 pertaining to
amateur radio antenna installations in residential areas; and
WHEREAS, federal policies establish a strong federal interest in promoting
amateur communications and it is recognized that there exists a limited preemption in
the regulation of amateur communications by the City; and
WHEREAS, such limited preemption allows the City to adopt its own regulations
which involve matters such as placement, screening, or height of antennas based on
health, safety, or aesthetic considerations so long as the City's regulations reasonably
accommodate amateur communications, and represent the minimum practicable
regulation to accomplish the City's legitimate interests; and
WHEREAS, on February 18, 2014, and May 6, 2014, the City Council held
workshops to discuss potential regulations for amateur radio antenna installations and
hear input from the public; and
WHEREAS, the City Council findings pursuant to the California Environmental
Quality Act (CEQA) are contained in a separate City Council Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: Section 17.08.140 of Chapter 17.08 (Residential Zones) of the PMC is
hereby amended to add amateur radio antenna installations as permitted accessory
uses in all residential zones as follows:
G. Amateur Radio Antenna Installations P* P* P* P* P* P* P*
*Subject to the regulations contained in Chapter 17.31
Section 2: Section 17.08.160 of Chapter 17.08 of the PMC is hereby amended to
clarify the height regulations for amateur radio antenna installations in all residential
zones to read as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
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Section 3: Section 17.08.230 of Chapter 17.08 of the PMC is hereby amended to
exclude amateur radio antenna installations from the height limit in all residential zones
to read as follows:
C. Air conditioners, antennas (excepting amateur radio antenna installations subject
to Chapter 17.31), heating, cooling, ventilating equipment and all other mechanical,
lighting or electrical devices shall be so operated that they do not disturb the peace,
quiet and comfort of neighboring residents, and shall be screened, shielded and/or
sound buffered from surrounding properties and streets. All equipment shall be
installed and operated in accordance with all other applicable ordinances. Heights of
said equipment shall not exceed the required height of the zone in which they are
located.
Section 4: Section 17.18.030 of Chapter 17.18 (Planned Residential Zone) of the
PMC is hereby amended to clarify the height regulations for amateur radio antenna
installations as follows:
J. Building and 35 feet or 2 stories, whichever is less, or as expressly
structure height authorized pursuant to an adopted specific plan. Amateur
(maximum in feet) radio antenna installations are subject to the height and
other regulations contained in Chapter 17.31.
Section 5: Section 17.18.050 of Chapter 17.18 of the PMC is hereby amended to add
amateur radio antenna installations as permitted accessory uses as follows:
Accessory uses and structures shall be located as specified on the development plans
as approved by the City Council; provided, however, that accessory structures shall
meet all of the setbacks for site development as specified in PMC 17.18.030. Approval
of a minor conditional use permit shall be required prior to the outdoor placement of
"seatainers" on any property. "Seatainers" may be used for storage only and the minor
conditional use permit shall regulate their placement and screening. Amateur radio
antenna installations are a permissible accessory use to a residential use and subject to
the height and other regulations contained in Chapter 17.31.
Section 6: Section 17.20.020 of Chapter 17.20 (Planned Community Zone) of the
PMC is hereby amended to add amateur radio antenna installations as permitted
accessory uses to residential uses as follows:
H. Amateur radio antenna installations are a permissible accessory use to a residential
use and subject to the height and other regulations contained in Chapter 17.31.
Section 7: Section 17.20.030 of Chapter 17.20 of the PMC is hereby amended to
clarify the height regulations for amateur radio antenna installations as follows:
F. There shall be a maximum height of 35 feet or two stories, whichever is less or as
expressly authorized pursuant to an adopted specific plan, and no coverage
requirement for individual lots, except as established by a development plan, a
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conditional use permit, or by development review. Amateur radio antenna installations
are subject to the height and other regulations contained in Chapter 17.31.
Section 8: Chapter 17.31 is hereby added to the Poway Municipal Code as follows:
Chapter 17.31
Amateur Radio Antenna Installations
17.31.010 Purposes.
17.31.020 Definitions.
17.31.030 Regulations for Amateur Radio Antenna Installations, Permits Required.
17.31.040 Applications for Antenna Permits.
17.31.050 Public Notice.
17.31.060 Antenna Permit Findings.
17.31.070 Exempt Antenna Installations.
17.31.080 Maintenance and Abandonment.
17.31.010 Purposes.
The purpose of the regulations contained in this Chapter is as follows:
A. To preserve visual access to major natural features, such as the surrounding
hillsides, and ensure that all public and private development is compatible with the
unique natural and man-made resources that give Poway its charm and character.
B. To provide the minimum practicable regulations necessary to satisfy the
aesthetic, health, safety, and welfare concerns that have prompted these minimal
restrictions on amateur radio antenna installations.
C. To reasonably accommodate amateur radio communications, to constitute the
minimum regulations necessary to accomplish the purpose of this Chapter, and to
impose no unreasonable cost on the amateur radio operators.
D. To minimize the impact of the regulations on the right of individuals to engage in
amateur radio antenna communication and to constitute the least intrusive means
available to the City to mitigate potential adverse impacts on the safety and welfare of
residents, and the quality and aesthetics of the community.
E. To avoid unreasonable limitation on amateur radio antenna communication and
excessive costs associated with processing applications for permits and conditions
imposed by those permits.
17.31.020 Definitions.
Whenever, in this Chapter, the following terms are used they shall have the meaning
ascribed to them in this Section.
A. "Amateur radio antenna" means any antenna that is used for the purpose of
transmitting and receiving radio signals in conjunction with an amateur radio station
licensed by the Federal Communications Commission.
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B. "Antenna support structure" means an antenna's supporting mast or tower, if any.
C. "Amateur radio antenna installation" means a single structural unit which is
comprised of the antenna support structure, antennas, and other communication-related
appurtenances.
17.31.030 Regulations for Amateur Radio Antenna Installations and Permits Required.
Amateur radio antenna installations (i.e. antenna installations) may be installed, erected
and maintained within all residential zoning districts in the City in accordance with the
provisions contained in this Chapter. Unless specifically exempted pursuant to Section
17.31.070 of this Chapter, or otherwise specified herein, antenna installations shall
comply with all of the following:
A. Height. Antenna installations over 65 feet in height shall require an Antenna
Permit pursuant to Section 17.31.040 of this Chapter. Antenna installations up to 65
feet in height are permitted without the requirement to obtain an Antenna Permit and are
subject to the regulations in Sections B and C below. For an antenna installation that is
either mounted to any part of a building or mounted to the ground, height shall be
measured from the ground level immediately adjacent to antenna installation to the
highest point of the antenna installation.
B. Number. Unless exempted pursuant to Section 17.31.070 of this Chapter, a
maximum of one antenna installation, which consists of an antenna support structure
and antennas, is permitted per property. The single antenna installation may
accommodate multiple antennas. Proposals for more than one antenna installation
shall require an Antenna Permit pursuant to Section 17.31.040.
C. Siting/Setbacks. Antenna installations may be mounted to any part of a building
or mounted to the ground. No antenna installation shall be located within any front,
street side, interior side, or rear building setback area that is required pursuant to the
site's underlying zoning designation. Additionally, in cases where the building has been
situated a distance greater than the minimum front or street side setback, no antenna
installation shall be located closer to the street than the building. Antennas that are
attached to an antenna support structure may encroach into interior side and rear
setback areas up to 50% of the required setback distance pursuant to the site's
underlying zoning designation. Proposals for antenna installations that do not comply
with these provisions shall require an Antenna Permit pursuant to Section 17.31.040.
D. Building Permit. A Building Permit may be required pursuant to the California
Building Code as determined by the Building Official.
17.31.040 Applications for Antenna Permits.
Antenna installations that are greater than 65 feet in height, and/or do not comply with
the provisions of Sections 17.31.030 B and C of this Chapter, require an Antenna
Permit. Submittal of an Antenna Permit shall be on a form supplied by the Development
Services Department and shall be accompanied by the following information and plans:
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A. A site plan drawn to scale and dimensioned, showing the proposed location of
the antenna installation in relation to property lines, setbacks, and any structures on the
site, as well as the location of adjacent structures within 100 feet.
B. Specific details of any equipment associated with the antenna installation, such
as footings, guy-wires and braces, including roof top mounts, if applicable.
C. Elevations drawn to scale and dimensioned so as to fully describe the proposed
antenna installation.
D. Written consent of the property owner.
E. A public notice package consisting of a map showing properties within a 500-foot
radius of the site and a list of property owners.
17.31.050 Public Notice.
A. For antenna installations up to 65 feet in height, which require a Building Permit,
notice shall be provided to all property owners within 250 feet of the subject property.
Notice shall be provided by the Building Permit applicant at the time the Building Permit
application is submitted to the City. The applicant shall provide certification of the
conducted notice to the City before the issuance of the Building Permit.
B. For antenna installations that require an Antenna Permit, the City Council shall
calendar a public hearing on the application. The hearing shall be set and notice given
as prescribed in PMC 17.46.050.
17.31.060 Antenna Permit Findings.
The City Council shall make the following findings before approving an Antenna
Permit for an antenna installation greater than 65 feet in height and/or an
antenna installation that does not comply with the provisions of Sections
17.31.030 B and C of this Chapter:
A. The design of the proposed antenna installation is the minimum necessary for
the reasonable accommodation of the communication needs of the operator as set forth
in Federal and/or State rules and regulations; and
B. There are no other feasible alternatives.
The applicant shall provide evidence necessary to document that the above findings
can be met.
17.31.070 Exempt Antenna Installations.
The following shall be exempt from the requirements of this Chapter:
A. Antenna installations legally established prior. to the effective date of this
Ordinance. Any increase in height to an existing antenna installation shall be subject to
the requirements of this Chapter, including the requirement to obtain an Antenna Permit
if the increased height is greater than 65 feet.
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B. Any antenna installation that is six feet or less in any dimension and not located
within any front yard or street side yard setback area.
C. Guy-wire supports for an antenna support structure, and not located within any
front yard or street side yard setback area.
D. Wire antenna of gauge number 12 or less affixed to a structure, other antenna, or
tree, and not located within any front yard or street side yard setback area.
E. One temporary, non-permanently affixed, ground-mounted antenna installation
up to 20 feet in height which is not located within any setback area that is required
pursuant to the site's underlying zoning designation.
F. Building-mounted antenna installations up to 10 feet above the roofline, but no
more than 35 feet in height with horizontal elements that are no greater than 6 feet.
17.31.080 Maintenance and Abandonment.
A Maintenance and Removal Agreement shall be executed by the property owner for
any antenna installation that requires a Building Permit. No Building Permit shall be
issued until such Agreement has been executed. The Agreement shall be a continuing
condition of the Building Permit. The Agreement shall also bind the property owner and
their successors and assigns to the installation as follows:
A. Maintenance of the antenna installation to ensure compliance with the Building
Permit and/or Antenna Permit.
B. Maintenance of the antenna installation in safe and good repair.
C. Removal of the antenna installation for failure to maintain the installation and/or
upon its abandonment, as determined by the City Manager. Removal shall occur within
90 days of written notification to the property owner.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this 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 Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
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Page 7
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 5th day of August 2014, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 19th day of August 2014.
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Don Higginson, Mayor rt,
ATTEST:
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Shei a R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 771, was duly adopted by the City Council at a meeting of
said City Council held on the 19th day of August 2014, and that it was so adopted by the
following vote:
AYES: VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: CUNNINGHAM
DISQUALIFIED: NONE
Sheila . Cobian, CMC, City Clerk
City of Poway