HomeMy WebLinkAbout1985-11-13; Planning Commission; Resolution 2501J e 0
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PLANNING COMMISSION RESOLUTION NO. 2501
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE
DECLARATION AND A ZONE CODE AMENDMENT, AMENDING TITLE 21,
OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF
VARIOUS CHAPTERS AND SECTIONS TO PERMIT AND mGULATE
SATELLITE ANTENNAE.
APPLICANT: CITY OF CARLSRAD
CASE NO.: ZCA-188
WHEREAS, the Planning Commisson did, on the 9th day of
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law to consider said request; and 9
October, 1985, hold a duly noticed public hearing as prescribed by
10 WHEREAS, at said public hearing, upon hearing and
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A) That the above recitations are true and correct. 16
Commission as follows: 15
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14
relating to the Zone Code Amendment. 13
desiring to be heard, said Commission considered all factors 12
considering all testimony and arguments, if any, of all persons
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B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-188, according to Exhibit
"A", dated November 13, 1985, attached hereto and made a part
hereof, based on the following findings:
Findings:
1) The proposed amendment will permit the installation of satellite antennae in the City subject to certain regulations
and approvals.
12) The proposed amendment will help ensure that the placement of all satellite antennae in the City is compatible with
surrounding properties in the zone in which the antenna is
located. I 3) The proposed amendment will help ensure that the scenic
qualities and amenities of the City are preserved.
4) This amendment will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on September 25, 1985 and recommended
28 for APPROVAL by the Planning Commission on November 13, 1985.
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2 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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13th day of November, 1985, by the following vote, to wit: 4
Planning Commission of the City of Carlsbad, California, held on the
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AYES: Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, McFadden, Smith, Holmes & Hall.
NOES: None.
ABSENT : None.
ABSTAIN: None.
LAj$J&&
CLARENCE SCHZEHUBER, Chairman CARLSBAD PLANNING COMMISSION
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LAND USE PLANNING MANAGER
PC RES0 NO. 2501 -2-
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ORDINANCE NO. 9785
I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF .
VARIOUS CHAPTERS AND SECTIONS TO PERMIT AND 3
The City Council of the City of Carlsbad, California 4
REGULATE SATELLITE ANTENNAE.
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to read as follows: 8
Municipal Code is amended by the addition of Section 21.04.302 7
SECTION 1: That Title 21, Chapter 21 -04 of the Carlsbad 6
does ordain as follows:
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21.04.302 Satellite television antenna. "Satellite television antenna" or "satellite antenna" means any instrument or device capable of transmitting or receiving television, microwave, or other electronic communications from a transmitter, or a transmitter relay, located in planetary orbit. This may
include, but is not limited to, "satellite earth stations," "satellite receiving dish," and "dish antenna."
w 1511 0) I SECTION 2: That Title 21, Chapter 21.07 of the CarrSbad
sr 14 Municipal Code 'is amended by the addition of Section ua
w= '' sa l5 21.07.020( 14) to read as follows: iy
00 oa 16 (14) Satellite television antennae subject to the 2m Y 5 17 provisions of Section 21.44.220.of this code.
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18 /I SECTION 3: That Title 21, Chapter 21.08 of the Carlsbad I
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Municipal Code is amended by the addition of Section
21.08.010(10) to read as follows:
(10) Satellite television antennae subject to the
provisions of Section 21.44.220 of this code.
SECTION 4: That Title 21, Chapter 21.09 of the Carlsbad
Municipal Code is amended by the addition of Section 21.09.020(7)
to read as follows:
(7) Satellite television antennae subject to the
provisions of Section 21.44.220 of this code.
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I/ SECTION 5: That Title 21, Chapter .21.10 of the 1 /I Carlsbad Municipal Code is amended by the addition of Section 2
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4 provisions of Section 21.44.220 of this code,
21.10.010( 13) to read as follows:
(13) Satellite television antennae subject to the
5 SECTION 6: That Title 21, Chapter 21.12 of the
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21.12.010(7) to read as follows: 7
Carlsbad Municipal Code is amended by the addition of Section
8 (7) Satellite television antennae subject to the
9 provisions of Section 21.44.220 of this code.
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SECTION 7: That Title 21 , Chapter 21 -14 of the
Carlsbad Municipal Code is amended by the addition of Section
12 21.14.010(6) to read as follows:
(6) Satellite television antennae subject to the
g 0 l3 provisions of Section 21.44.220 of this code. N 0)
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la 14 !Z SECTION 8: That Title 21, Chapter 21.16 of the :s
'- >+ l5 Carlsbad Municipal Code is amended by the addition of Section io
" ?$ l6 21.16.010(8) to read as follows:
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: 17 a (8) Satellite television antennae subject to the 0
I* I provisions of Section 21.44.220 of this code.
19 I SECTION 9: That Title 21 I Chapter 21.18 of the
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provisions of Section 21.44.220 of this code.
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21.20.010(5) to read as follows: 25
Carlsbad Municipal Code is amended by the addition of Section 24
(5) Satellite television antennae subject to the
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Carlsbad Municipal Code is amended by the addition of Section
21.18.020(20) to read as follows:
(20) Satellite television antennae subject to the
SECTION 10: That Title 21, Chapter 21-20 of the
provisions of Section 21.44.220 of this code.
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SECTION 11 : That Title 21, Chapter 21 -22 of the 1
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4 provisions of Section 21.44.220 of this code.
Carlsbad Municipal Code is amended by the addition of Section
21.22.010(5) to read as follows:
(5) Satellite television antennae subject to the
5 SECTION 12: That Title 21, Chapter 21.23 of the
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Carlsbad Municipal Code is amended by the addition of Section
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(6) Satellite television antennae subject to the 8
21.23.020(6) to read as follows:
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provisions of Section 21 -44.220 of this code.
SECTION 13: That Title 21, Chapter 21.24 of the
Carlsbad Municipal Code is amended by the addition of Section
21.24.010(6) to read as follows:
(6) Satellite television antennae subject to the
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Carlsbad Municipal Code is amended by the addition of Section '5 15
SECTION 14: That Title 21, Chapter 21-25 of the $5
I6 ii" Z$ 16 21.25.030(24) to read as follows.: 2% il 2 17
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(24) Satellite television antennae subject to the
provisions of Section 21.44.220 of this code.
SECTION 15: That Title 21, Chapter 21.26 of the
Carlsbad Municipal Code is amended by the addition of Section
21.26.010(29) to read as follows:
(29) Satellite television antennae subject to the
provisions of Section 21.44-220 of this code.
SECTION 16: That Title 21, Chapter 21.27 of the
24 I Carlsbad Municipal Code is amended by the addition of Section
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(25) Satellite television antennae subject to the 26
21.27.020(A)(25) to read as follows:
27 I provisions of Section 21.44.220 of this code.
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SECTION 17: That Title 21, Chapter- 21.28 of the
Carlsbad Municipal Code is amended by the addition of Section
21.28.010(9) to read as follows:
(9) Satellite television antennae subject to the
provisions of Section 21.44.220 of this code.
SECTION 18: That Title 21, Chapter 21.29 of the
Carlsbad Municipal Code is amended by the addition of Section
21.29.030(5) to read as follows:
(5) Satellite television antennae subject to the provisions of Section 21.44.220 of this code.
SECTION 19: That Title 21, Chapter 21.30 of the
Carlsbad Municipal Code is amended by the addition .of Section
21.30.010(28) to read as follows:
(28) Satellite television antennae subject to the provisions of Section 21.44.220 of this code. 6-
SECTION 20: That Title 21, Chapter 21.32 of the
Carlsbad Municipal Code is amended by the addition of Section
21.32.010(34) to read as follows:
(34) Satellite television antennae subject to the provisions of Section 21.44.220 of this code.
SECTION 21 : That Title 21, Chapter 21 -34 of the
Carlsbad Municipal Code is amended by the addition of Section
21.34.020(10) to read as follows:
(10) Satellite television antennae subjecg to the
provisions of Section 21.44.220 of this code.
SECTION 22. That Title 21, Chapter 21.36 of the
Carlsbad Municipal Code is amended by the addition of Section
21.36.020( 13) to read as follows:
( 13) Satellite television antennae subject to the provisions of Section 21.44.220 of this code.
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4 provisions of Section 21.44.220 of this code.
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6 Carlsbad Municipal Code is amended by the addition of Section
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SECTION 23. That Title 21, Chapter. 21.37 of the
Carlsbad Municipal Code is amended by the addition of Section
21.37.020(6) to read as follows:
(6) Satellite television antennae subject to the
SECTION 24. That Title 21, Chapter 21 -44 of the
21.44.220 to read as follows:
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21.44.220 Satellite television antenna.
(a) Satellite television antennae as defined in Section
21.04.302 are permitted in all zones subject to the provisions of this section and the provisions of the underlying zone. Satellite television antennae less than 30 inches in diameter are permitted in any zone and are not subject to the requirements of
this section, provided that such antennae are attached to a
permitted main or accessory structure on the lot.
(b) No satellite television antenna shall be erected or
installed unless a satellite television antenna permit has been
issued by the Planning Director. An application for a satelliOe '
television antenna permit shall be presented to the Planning
Department. The Planning Director shall prescribe the form of
the permit application. The fee, in an amount established by City Council resolution, shall be paid to the Planning Department when the application is filed. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, including
but not limited to landscaping plans and cross-sections showing
adjacent property and streets to allow the Planning Director to determine compliance with this section. The Planning Director
shall grant a satellite antenna permit when it appears from the facts contained in the application and from information obtained by the Planning Department and from any other evidence presented that the proposal is in conformance with the provisions of this
section. The Planning Director may also conditionally grant or
deny the permit.
antenna or dish shall be measured vertically from the highest
point of the structure when positioned for operation to the bottom of the base at either roof or ground level whichever is
applicable . (d) Residential zone restrictions. Satellite television antennae shall be considered as accessory to the main structure and shall be permitted .in all residential zones subject to the following limitations.
(c) "Antenna Height" defined. The height of the
1. The antenna shall be ground mounted. 2. The antenna shall be located within the rear or
side yard only; on corner lots the antenna shall not be located
on the street side yard.
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3. The antenna shall not exceed fifteen feet in
4. The antenna shall not be permitted on
5. The antenna shall be screened from adjacent
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3 appropriate plant or landscape material between the antenna and * extends above the top of the screening material.
5 from any property line.
6 shall be permitted per lot.
7 Satellite television antennae shall be considered as accessory
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and industrial zones subject to the following limitations: to the main structure and shall be permitted in all commercial
height .
properties which have been designated as historic sites.
properties and public view by a wall, fence, hedge, or
the property line so that no more than 25% of the antenna
6. The antenna shall be located at least four feet
7. No more than one satellite television antenna
(e) Commercial and industrial zone 'restrictions.
1. Ground mounted antenna.
A. Ground mounted antenna shall be located in
B. The antenna shall not exceed 20 feet in
C, The antenna shall not be used as a sign or
D. The antenna shall be screened from adjacent
a 13 properties and public view by a wall, fence, hedge, or other, 2
3 - q 14 the property line so that no more than 25% of the antenna extends
a above the top of the screening material. 4 15 E. The antenna shall not be located in any
0 16 2. Roof mounted antenna may be permitted subject
2 17 A. Roof mounted antenna shall not exceed 15
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the rear 50% of the lot.
a appropriate plant or landscape material between the antenna and
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feet in height provided, however, that in no event shall the 5
to the following limitations. 3
required parking area,
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antenna is not visible at ground level. 21
screen out of similarly te.xtured roofing or exterior wall
3. No more than one satellite television antenna
22 shall be permitted per lot provided, however that additional antennae may be permitted by the Planning Director if there are
23 more than one use on a lot which cannot feasibly be served by a
single antenna.
24 4. The provisions of this subsection shall apply
to hotels and motels located in residential zones.
25 5. The provisions of this subsection shall not
apply to satellite television antenna used by and located upon
26 the property of a commercial cable television operator franchised
by the City.
27 (f) Exception planned unit developments and condominiums. Provisions of this section shall apply to
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building. upon which it is located,
recessing the antenna into the roof line or by constructing a
material as the structure upon which it is located so that the
B. Roof mounted antennae shall be screened by
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condominiums provided, however, that roof mounted antenna may be allowed as part of the planned development permit for the
project.
television antennae shall be considered as accessory to the main structure or use on the property and shall be permitted subject to the following limitations:
(g) Agricultural zone restrictions. Satellite
1. The antenna shall be ground mounted. 2. The antenna shall be located at least four feet
from any property line.
3. The antenna shall not exceed 20 feet in
height. 4, The antenna shall be screened from public view
by a wall I fence, hedge, or other appropriate plant or landscape material between the antenna and'the property line so that no more than 25% of the antenna is visible above the screening
material .
television antennae shall be considered a permitted accessory use in the public utility zones.
antenna erected prior to the effective date of this ordinance
shall be brought into compliance with the provisions of this
section no later than one year after the effective date of this
ordinance.
construction of a project, the satellite antenna permit may. be consolidated with the discretionary permit.
pursuant to Chapter 21 -35 shall be required for any satellite television antenna located in the Village Redevelopment Zone, In addition to complying with the provisions of this section all satellite television antennae in the Village Redevelopment Zone shall conform to the provisions of the Village Design Manual.
eliminate or chanqe the requirement under Section
21.42.010(5)(Q) for a conditional use permit for radio or
television transmitters,
(h) Public utility zone restrictions. Satellite
(i) Nonconforming antennae. Any satellite television
(j) Whenever a discretionary permit is required fop 1
(k) Redevelopment zone: A redevelopment permit issued
(1) Nothing in this section shall be construed to
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal withi.n fifteen days after its
adopt ion ,
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condominiums provided, however, that roof mounted antenna may be allowed as part of the planned development permit for the
project.
television antennae shall be considered as accessory to the main
structure or use on the property and shall be permitted subject to the following limitations:
(9) Agricultural zone restrictions. Satellice
1. The antenna shall be ground mounted,
? 2. The antenna shall be located at least four feet from any property line. 3. The antenna shall not exceed 20 feet in
height.
4. The antenna shall be screened from public view by a wall, fence, hedge, or other appropriate plant or landscape material between the antenna and the property line so that no more than 25% of the antenna is visible above the screening material.
television antennae shall be considered a permitted accessory use in the public utility zones.
antenna erected prior to the effective date of this ordinance
shall be brought into compliance with the provisions of this
section no later than one year after the effective date of this
ordinance.
construction of a project, the satellite antenna permit may be consolidated with the discretionary permit.
pursuant to Chapter 21.35 shall be required for any satellite television antenna located in the Village Redevelopment Zone.
In addition to complying with the provisions of this section all satellite television antennae .in the Village Redevelopment Zone shall conform to the provisions of the Village Design Manual.
eliminate or change the requirement under Section 21,42.010(5)(Q) for a conditional use permit for radio or
television transmitters.
(h) Public utility zone restrictions. Satellite
(i) Nonconforming antennae. Any satellite television
(j) Whenever a discretionary permit is required fo? -
(k) Redevelopment zone: A redevelopment permit issued
(1) Nothing in this section shall be construed to
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 17th day of December I
1985, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council
held on the 7th day of January I 1986, by the followi
vote, to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT : Ibne * e“- MARY CAS ER, Mayor
ATTEST :
AL?TE;+ mdLw*\ R clerk
(SEAL)
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