HomeMy WebLinkAbout1989-11-01; Planning Commission; Resolution 2917v 0 0
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PLANNING COMMISSION RESOLUTION NO. 2917
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE AMENDING VARIOUS CHAPTERS AND SECTIONS
TO (1) REWORD SECTION 21.53.130 TO STATE THE INTENT OF
THE SATELLITE TELEVISION ANTENNA SECTION F THE ZONING ORDINANCE RECOGNIZING FEDERAL PREEMPTION (2) RENUMBER
THE EXISTING 21.53.130 SECTION TO BE 21.53.140 (3)
ESTABLISH A 10 FOOT SATELLITE ANTENNA DIAMETER MAXIMUM (4) ADD SECTION 21.53.150 TO PROVIDE FOR A VARIANCE PROCESS OF THE APPLICATION OF ANTENNA STANDARDS AND (5) TO AMEND SECTION 21.45.090(N) TO ALLOW FOR RESIDENTIAL SATELLITE ANTENNAS WITHIN THE CITY OF CARLSBAD
APPLICANT: CITY OF CARLSBAD
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CASE NO.: ZCA 89-2
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WHEREAS, the Planning Commission did on the 1st day of
1989, hold a duly noticed public hearing as prescribed by law to cons
request; and
WHEREAS, at said publ i c hearing, upon hearing and consid
testimony and arguments, if any, of all persons desiring to be he
Commission considered all factors relating to the Zone Code Amendment
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follows:
A) That the foregoing recitations are true and correct.
18 B) That based on the evidence presented at the publ ic hearing, the (
1, 1989, attached hereto and made a part hereof, based on the 19 recommends APPROVAL of ZCA 89-2, according to Exhibit "X" , date1
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1. The proposed Amendment will recognize federal preemption ir 22
Findinqs:
findings and subject to the following findings.
residential property owners to access satellite signals.
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2. The proposed Amendment will provide consistency between t satellite antenna regulations and the federal interest in property owners are not unreasonably prevented from receiving signal s .
3. The proposed Amendment will allow the orderly and aestheticall location and installation of satellite antennas in the C
maintaining safety, health and aesthetic objectives.
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1 4. The proposed Amendment will ensure that the antenna screening prc a case by case basis is adequate by requiring the review and apl
2 the P1 anning Director.
3 5. The proposed Amendment will further fulfill the intent of the antenna section of the Zoning Ordinance by establishing a max.
4 diameter of 10 feet.
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6. The proposed Amendment will serve to reduce the number of satellite antennas throughout the City by requiring a double p and full review for a1 1 satel 1 i te antennas erected without an satellite antenna permit.
7. The proposed Amendment will provide for a variance process for tl where application of regulations unreasonably restricts the re(
I satel 1 i te signal s - 9
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8. The proposed Amendment will not cause any significant envi impacts and a Negative Declaration has been issued by the Director on September 13, 1989 and recommended for approva P1 anning Comni ssion on November 1, 1989. In recommending approv Negative Declaration, the Planning Comnission has considered tl study, the staff analysis, all required mitigation measure: written comments received regarding the significant effects this could have on the environment.
PASSED, APPROVED, AND ADOPTED at a regular meeting of th
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November, 1989, by the following vote, to wit: 16
Commission of the City of Carlsbad, California, held on the 1st day
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AYES : Chai rman Hal 1, Commi ssi oners: Schl ehuber, Schri
McFadden, Molmes !l Marcus.
NOES : None.
ABSENT: None.
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23 ATTEST:
CARLSBAD PLANNING COMMISSION
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26 1/ P1 anning Director
27 I/ PC RES0 NO. 2917 -2-
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0 eovernber 1, 1989
LI\IIIY. I a.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 2 1.4 5 AND 2 1.53 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.45.090, 21.53.130 AND 21.53.150 TO REVISE THE REGULATIONS FOR SATELLITE ANTENNA.
Whereas, the mandate of Section 1 of the
Communications Act is to make communication services avai
all people of the United States as expressed by the
Legislature (47 U.S.C. 5151 (1982)); and
Whereas, a recent amendment to the Communicati
created certain rights to received unscrambled and
satellite signals (47 U.S.C. §605(b)(supplement I11 19851
Whereas, these enactments establish a federal
in ensuring that the right to construct and use antennas tl
satellite signals is not unreasonably restricted 1
regulations; and
Whereas, the Federal Communications Commis:
promulgated an order which states:
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"State and local zoning or other regulations that differentiate between satellite receive- only antennas and other types of antenna facilities are preempted unless such regulations: (a) have a reasonable and clearly defined health, safety or aesthetic objective: or (b) do not operate to impose unreasonable limitations on, or prevent, reception or satellite delivered signals by receive-only antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.Il (47 C.F.R. 525.104)
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does ordain as follows: 26
Now, therefore, the City Council of the City 01
27 I SECTION 1: That Title 21, Chapter 21.45 of thc
28 Municipal Code is amended by the amendment of Section 21.
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to read as follows:
It (n) Antennas. No individual antennas s permitted. Each project shall have a master antenna and/ox television hookup. Individual satellite television ante permitted subject to the provisions of Chapter 21.53 Carlsbad Municipal Code.ll
SECTION 2: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the amendment of Section 21.:
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read as follows:
"The purpose and intent of this section pron satellite television antenna regulations are to set fortk defined health, safety or aesthetic objectives of the Ci do not operate to impose unreasonable limitations on, or reception of satellite delivered signals by antennas or t costs on the users of such antennas that are excessive in the purchase and installation cost of the equipmenl recognizing that the following standards are neces: important in preserving the health, safety or aesthetic c
of the community and various zones in which satellite tc antennas are to be located. The further intent and purpos, section is to promote the orderly and aesthetically installation and use of satellite television antennas in i
not screened from public view or located in areas wh present the least intrusive appearance to the neigl community and the public.11
while prohibiting tothe maximum extent possible unsightly
SECTION 3 : That Title 21, Chapter 21.53 of the
Municipal Code is amended by the amendment of Section 21.!
to read as follows:
"(b) Any satellite antenna erected without an satellite antenna permit shall be charged an investigatio addition to the permit fee, which shall be collected wheth a permit is then or subsequently issued. The investigi shall be equal to the amount of the permit fee requirec chapter. The payment of such investigation fee shall nc the property owner or applicant from compliance with i provisions of this chapter nor from any penalty prescribe code. )I
SECTION 4 : That Title 21, Chapter 21.53 of the
Municipal Code is amendment of Section 21.53.130(d)(5) t
following sentence:
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"The proposed antenna screening shall be subjec
review and approval of the Planning Director."
SECTION 5 : That Title 21, Chapter 21.53 of the
Municipal Code is amended by the addition of
21.53.130(d)(8) to read as follows:
I' (8) The antenna shall not exceed ten feet in dj
SECTION 6: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the renumbering of Section :
to Section 21.53.140.
SECTION 7: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the addition of Section 21.r
read as follows:
9t21.53.150 Variance to standards. If, after application of the standards set Section 21.53.140, a satellite antenna cannot be physicall on the applicant's property or would result in the imp0 unreasonable costs considering the purchase and installat of the equipment, then the Planning Director shall grant a to these standards but only to the extent necessary to installation of one satellite television antenna to be 1 the applicant's property in such a place and manner as t the least impact on aesthetics from the neighboring pr neighborhood and public taking into account all the health, safety or aesthetic regulations set forth in that
EFFECTIVE DATE: This ordinance shall be effect:
days after its adoption, and the City Clerk shall certi
adoption of this ordinance and cause it to be published
once in the Carlsbad Journal within fifteen days i
adoption.
INTRODUCED AND FIRST READ at a regular meeti
Carlsbad City Council on the day of
and thereafter
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L 2. I1 a e li PASSED AND ADOPTED at a regular meeting of
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Council of the City of Carlsbad on the day of
1989, by the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A,' LEWIS, Mayor
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ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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