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HomeMy WebLinkAbout1990-01-02; City Council; NS-100; CMC 21.45.090/21.53.130/.150 amend - Revise satellite antenna regs...I n -# 1 2 3 4 5 6 7 8 9 10 11 12 $,m om m>: 13 &Em gang 0;%2 noaa 14 Z>jf 0k"ga: mG,Q 15 SWmO 3rra:d 16 ZO$$ Go ti '<i z"i >ma qgy p% 17 18 19 20 21 22 23 24 25 26 27 28 - m 0 ORDINANCE NO- NS-100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.45 AND 21.53 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 Fed Communications Act is to make communication services availabl all people of the United States as expressed by the Fed Legislature (47 U.S.C. 3151 (1982)); and Whereas, a recent amendment to the Communications created certain rights to received unscrambled and unma satellite signals (47 U.S.C. §605(b)(supplement I11 1985)); a Whereas, these enactments establish a federal inte in ensuring that the right to construct and use antennas to rec satellite signals is not unreasonably restricted by 1 regulations; and Whereas, the Federal Communications Commission promulgated an order which states: "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." (47 C.F.R. P25.104) Now, therefore, the City Council of the City of Carl does ordain as follows: SECTION 1: That Title 21, Chapter 21.45 of the Carl Municipal Code is amended by the amendment of Section 21.45.09 .. 1 2 3 4 5 6 7 8 9 10 11 0 <a mwm cn>z Gao: &E& ouua OW ooaa Z>?Z Ot-58 aGn& SWCOO wS2n go&$ >F&r >C% 60 li 'a-r >ma 12 13 14 15 16 17 18 19. 20 21 22 23 24 25 26 27 28 e 0 to read as follows: It (n) Antennas. No individual antennas shal: permitted. Each project shall have a master antenna and/or a c television hookup. Individual satellite television antennas permitted subject to the provisions of Chapter 21.53 of Carlsbad Municipal Code.I@ SECTION 2: That Title 21, Chapter 21.53 of the Car: Municipal Code is amended by the amendment of Section 21.53.12 read as follows: IIThe purpose and intent of this section promulgz satellite television antenna regulations are to set forth clc defined health, safety or aesthetic objectives of the City P do not operate to impose unreasonable limitations on, or prel reception of satellite delivered signals by antennas or to in costs on the users of such antennas that are excessive in ligl the purchase and installation cost of the equipment, b recognizing that the following standards are necessary important in preserving the health, safety or aesthetic qualj of the community and various zones in which satellite televj antennas are to be located. The further intent and purpose of section is to promote the orderly and aesthetically plez installation and use of satellite television antennas in all 2 while prohibiting to the maximum extent possible unsightly ante not screened from public view or located in areas where present the least intrusive appearance to the neighborh cornunity and the public,lI SECTION 3: That Title 21, Chapter 21.53 of the Carl Municipal Code is amended by the amendment of Section 21.53.13 to read as follows: "(b) Any satellite antenna erected without an appr satellite antenna permit shall be charged an investigation fet addition to the permit fee, which shall be collected whether 01 a permit is then or subsequently issued. The investigation shall be equal to the amount of the permit fee required by chapter. The payment of such investigation fee shall not ex the property owner or applicant from compliance with all c provisions of this chapter nor from any penalty prescribed by code. It SECTION 4: That Title 21, Chapter 21.53 of the Carl Municipal Code is amendment of Section 21.53.130(d)(5) to add following sentence: 2 1. n am m> mu: <a08 $Em o;g2 Z>jF QI-5: ma0, 5.71 2052 >5gY >?% 60 0oaa U s Q? woo +>ma oc [r d 1 2 3 4 5 6 7 8 9 10 11 e 0 "The proposed antenna screening shall be subject tc review and approval of the Planning Director.I1 SECTION 5 : That Title 21, Chapter 21.53 of the Carl Municipal Code is amended by the addition of Sec 21.53.130(d) (8) to read as follows: )) (8) The antenna shall not exceed ten feet in diamet SECTION 6: That Title 21, Chapter 21.53 of the Carl Municipal Code is amended by the renumbering of Section 21.5: to Section 21.53.140. SECTION 7: That Title 21, Chapter 21.53 of the Carl Municipal Code is amended by the addition of Section 21.53.13 read as follows: 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 1121.53.150 Variance to standards. If, after application of the standards set fort Section 21.53.140, a satellite antenna cannot be physically loc on the applicant's property or would result in the impositic unreasonable costs considering the purchase and installation c of the equipment, then the Planning Director shall grant a varj to these standards but only to the extent necessary to allot, installation of one satellite television antenna to be locatc the applicantls property in such a place and manner as to prc the least impact on aesthetics from the neighboring propert neighborhood and public taking into account all the remaj health, safety or aesthetic regulations set forth in that sect: EFFECTIVE DATE: This ordinance shall be effective tl days after its adoption, and the City Clerk shall certify tc adoption of this ordinance and cause it to be published at : once in the Carlsbad Journal within fifteen days after adoption. INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council on the 19th day of December I' and thereafter I 3 e ,' !I *> 1 2 3 4 5 6 7 8 9 10 11 iU% <$;g m>z $E& OLU CIOQQ Z>JZ Q+FE munu. ZZJ ha$ qg2 p5 Li '<-I +>ma [r [r d woo 9" 12 13 14 15 16 17 18 19 20 21 ll 22 23 24 25 26 27 1 ~ 28 1 1 e a PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the 2nd day of January 1990, by the following vote, to wit: AYES: Council Members Lewis, Larson and Pettine NOES: None ABSENT : None ABSTAIN: Council Members Kulchin and Mamaux APPROVED AS TO FORM AND LEGALITY ATTEST : ae=cx,tP- ALETHA L. RAUTENKRANZ, City Cleh ~ 1 4 1 I