HomeMy WebLinkAbout1989-12-19; City Council; 10429; AMENDMENT TO THE SATELLITE TELEVISION ANTENNA SECTION OF THE ZONING ORDINANCE IN RESPONSE TO RECENT AMENDMENTS TO THE FEDERAL COMMUNICATIONS ACTR
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1) -; GITWF CARLSBAD - AGEND-ILL
AB# /q 4Jy AMENDMENT TO THE SATELLITE DEF
MTG. 1 2 /l*j/ 8 9 CIT'
CIT' DEPT. PLN
RECOMMENDED ACTION:
Tm~~~~~I~~O~ ANTENNA SECTION OF THE
ZONING ORDINANCE IN RESPONSE TO
RECENT AMENDMENTS TO THE FEDERAL COMMUNICATIONS ACT 22:. ,L; ( 4 7
Both the Planning Commission and staff are recommending tl the City Council APPROVE the Negative Declaration issued by ' Planning Director and introduce Ordinance No. /a/s-/oo APPROVING ZCA 89-2.
ITEM EXPLANATION
A recent amendment to the Communications Act establishec
federal interest in ensuring that the right to construct use satellite antennas by individual residential prope owners is not unreasonably restricted by local regulatic
Such property owners are entitled to receive unscrambled unmarked satellite signals. Local zoning regulations wl! differentiate in their treatment of satellite earth stati are preempted unless they have a valid health, safety aesthetic objective and do not impose unreasonable limitati on reception. The proposed Zone Code Amendment will make f changes to the Satellite Television Antenna Ordinance, Sect 21.53.130, and one change to the Planned Development Ordinar Chapter 21.45 as summarized below:
The amendments to the Satellite Television Antenna Section of the Zoning Ordinance would: (1) state the intent of the Satellite Television Antenna Section, recognizing the preemption of the federal
government regarding residential satellite antennas
under the Communications Act; (2) renumber Section
21.53.130 to be Section 21.53.140; (3) impose a
maximum satellite dish diameter of 10 feet: (4) require Planning Director review and approval of all proposed antenna screening; (5) require a double permit fee and full review for all illegally erected satellite antennas; and (6) allow a variance process to the satellite antenna installation and location standards. The amendment to Chapter 21.45.090(n) of the Planned Development Ordinance, of the Carlsbad Municipal Code would permit individual satellite antennas to be located
within planned developments per the requirements of Section 21.53.
The proposed amendments will address health, safety aesthetic objectives of the City regarding resider satellite antenna location and installation while recogni federal preemption principles. At the Planning Commis meeting, the Commission was in support of the amendment proposed, however, a modification in wording was requc
regarding the amendment to Chapter 21.45.090(n). The prog amendment would allow individual satellite antennas in P~E Unit Developments. Section 21.45.090(n) goes on to state
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PAGE 2 OF AGENDA BILL NO. /< 429
each project shall have a master antenna or a cable televisi hookup. The Commission requested that this section be rewor to state that each project shall have a master antenna and a cable television hookup.
In conclusion, the proposed zone code amendment will: (1) br the City into compliance with the recently amended Fede Communication Act regarding the right of residential prop€ owners to construct and use individual satellite antennas a
(2) enable the City to ensure the orderly and aesthetic2 pleasing installation and location of residential satell television antennas. The Planning Commission recommer approval of the proposed zone code amendment on November
1989. For further information please see the attached re1 to the Planning Commission.
ENVIRONMENTAL REVIEW
The Planning Director has found that the proposed zone c
amendment will not have any significant impacts on
environment and issued a Negative Declaration on September
1989 which was approved by the Planning Commission on Noven
1, 1989. Copies of environmental documents are on file in
Planning Department.
FISCAL IMPACTS
No direct fiscal impacts are anticipated. Permit 1
collected, including double permit fee for illegally ere( satellite antennas, will defray associated staff review cob
EXHIBITS
1. Ordinance No. ds-/d@ +
2. Staff Report to the Planning Commission dated November 1, 1989, including Planning Commission
Resolution No. 2917
November 1, 1989
3. Excerpt of Planning Commission Minutes dated
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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
Communications Act is to make communication services avai
all people of the United States as expressed by the
Legislature (47 U.S.C. §151 (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 1985)
Whereas, these enactments establish a federal
in ensuring that the right to construct and use antennas tc
satellite signals is not unreasonably restricted b.
regulations; and
Whereas, the Federal Communications Commiss
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. 525.104)
Now, therefore, the City Council of the City of
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.45 of the
Municipal Code is amended by the amendment of Section 21.4
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to read as follows:
It (n) Antennas. No individual antennas I permitted. Each project shall have a master antenna and/oi
television hookup. Individual satellite television ante
permitted subject to the provisions of Chapter 21.53 Carlsbad Municipal Code. It
SECTION 2: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the amendment of Section 21.5
read as follows:
"The purpose and intent of this section prom
satellite television antenna regulations are to set forth
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 equipment
recognizing that the following standards are necess
important in preserving the health, safety or aesthetic q
of the community and various zones in which satellite te antennas are to be located. The further intent and purpose section is to promote the orderly and aesthetically installation and use of satellite television antennas in a while prohibiting to the maximum extent possible unsightly not screened from public view or located in areas whc present the least intrusive appearance to the neigh community and the public.ll
SECTION 3: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the amendment of Section 21.5
to read as follows:
"(b) Any satellite antenna erected without an satellite antenna permit shall be charged an investigation
addition to the permit fee, which shall be collected whethe a permit is then or subsequently issued. The investigal
shall be equal to the amount of the permit fee required
chapter. The payment of such investigation fee shall no'
the property owner or applicant from compliance with a1 provisions of this chapter nor from any penalty prescribed
code. I'
SECTION 4: That Title 21, Chapter 21.53 of the '
Municipal Code is amendment of Section 21.53.130(d)(5) to
following sentence:
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IIThe proposed antenna screening shall be subjec review and approval of the Planning Director."
SECTION 5: That Title 21, Chapter 21.53 of the
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1 Municipal Code is amended by the addition of
21.53.130(d)(8) to read as follows:
"(8) The antenna shall not exceed ten feet in di
SECTION 6: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the renumbering of Section 2
to Section 21.53.140.
SECTION 7: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the addition of Section 21.5
read as follows:
"21.53.150 Variance to standards. If, after application of the standards set j Section 21.53.140, a satellite antenna cannot be physically on the applicant's property or would result in the impos unreasonable costs considering the purchase and installati
of the equipment, then the Planning Director shall grant a
to these standards but only to the extent necessary to a
installation of one satellite television antenna to be lo
the applicant's property in such a place and manner as to
the least impact on aesthetics from the neighboring pro
neighborhood and public taking into account all the r
health, safety or aesthetic regulations set forth in that SI
This ordinance shall be effectiv
days after its adoption, and the City Clerk shall certif!
adoption of this ordinance and cause it to be published i
once in the Carlsbad Journal within fifteen days af
adoption.
EFFECTIVE DATE:
INTRODUCED AND FIRST READ at a regular meetinc
Carlsbad City Council on the 19th day of December
and thereafter
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PASSED AND ADOPTED at a regular meeting of .
Council of the City of Carlsbad on the 2nd day of Jan~
19 90, 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:
llAzLiR-.L ALETHA L. RAUTENKRANZ, City Cleh
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a APPLICATION COMPLETE Dl AUGUST 25, 1989
a
STAFF REPORT
DATE: NOVEMBER 1, 1989
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA 89-2 - CITY OF CARLSBAD - An Amendment to the Satel- Television Antenna Section of the Zoning Ordinance to: (1) si the intent of the Satellite Television Antenna Section, recogni; the preemption of the federal government regarding resideni satellite antennas under the Communications Act; (2) to renur Section 21.53.130 to be Section 21.53.140; (3) to impose a max. satellite dish diameter of 10 feet; (4) to require Planning Dire( review and approval of all proposed antenna screening; (5) to reqi a double permit fee and full review for all illegally ere( satellite antennas; (6) to allow a variance process to the satel' antenna installation and location standards; and (7) to amend Chal 21.45, the Planned Development Ordinance, of the Carlsbad Munici Code by amending Section 21.45.090(n) to allow Satellite Anter per the requirements of Section 21.53.
I. RECOMMENDATION
That the Planning Commission ADOPT Resolution No. 2916 recommending APPROVAL the Negative Declaration issued by the Planning Director and ADOPT Resolut No. 2917, recommending APPROVAL of ZCA 89-2, based on the findings contai therein .
11. PROJECT DESCRIPTION AND BACKGROUND
The proposed amendments are in response to recent court rulings upholding fede preemption principles regarding the right of residential property owners
access satel 1 ite del ivered signal s by receive-only satell i te antennas. Th amendments apply only to residential satellite antennas.
111. ANALYSIS
P1 anninq Issues
A recent Amendment to the Communications Act established a federal interest ensuring that the right to construct and use satellite antennas by individ residential property owners is not unreasonably restricted by 1 oca1 regul atio Such property owners are entitled to receive unscrambled and unmarked satell signals. Local zoning regulations which differentiate in their treatment satellite earth stations are preempted unless they have a valid health, saf, or aesthetic objective and do not impose unreasonable limitations on receptil The proposed Zone Code Amendment will make five changes to the Satell Television Antenna Ordinance, Section 21.53.130, and one change to the Plan Development Ordinance, Chapter 21.45 as outlined below.
e 0 ZCA 89-2 CITY OF CARLSBAD NOVEMBER 1, 1989 PAGE 2
Satellite Antenna Ordinance
1. The first component of the proposed Amendment to Section 21.53.130 i amend the section to clearly state the purpose and intent of the Satel Antenna Ordinance given federal preemption principles. Specifically, stated purpose and intent will be to apply regulations that have cle defined health, safety or aesthetic objectives of the City which do impose unreasonable limitations on the reception of satellite deliv signals. The further intent of Section 21.53.130, as stated in Exh "X", dated November 1, 1989, is to promote the orderly and aesthetic pleasing installation and use of satellite television antennas.
The second component of the proposed Amendment to Section 21.53.130 is renumbering of Section 21.53.130 to be Section 21.53.140. Currei Section 21.53.130 describes the Satellite Antenna Permit process corresponding criteria. This section would be amended to state the purl and intent of the Satellite Television Section of the Ordinance described above. Section 21.53.130 as it exists, therefore, woulc renumbered to Section 21.53.140.
The third and fourth components of the proposed Amendment to the Satel Antenna Section of the Zoning Ordinance are to: (1) add another criterii control the mass and bulkiness of antennas in residential zones; and (2: require P1 anning Director review and approval of all proposed antenna screen These controls help to fulfill the intent of the code by providing a process orderly and aesthetically pleasing satellite television antenna installation location. The criteria for residential satellite antennas as currently st in Section 21.53.130 (proposed to be renumbered to 21.53.140) allows grl mounted antennas only with no more than 25% of an antenna extending a screening material, located in side and rear yards only, a 15 foot ant maximum height and a minimum setback of 4 feet from any property line. S has reviewed this criteria with the intent of addressing any potential aesthe safety or health impacts. Based upon staff interviews with satellite I dealerships, other local governments and a review of satellite dish ant publications (Regulating Satellite Dish Antennas, 1986) staff has determined l common sate1 1 i te techno1 ogy for residenti a1 usage requires an average ant( diameter of 10 feet, an average height of 10-12 feet and an ability to rol to scan the skies to receive satellite signals. Staff has found the current ( regulations to be acceptable and fair given this information. Screening . common concern and currently 75% of the antenna must be visually screenec
landscaping, walls or fences from adjacent private and public view. Requii further screening or 100% screening, would restrict the antenna's recepl ability and would, therefore, be in conflict with the amended communications
which prohibits the imposition of unreasonable limitations on reception. Tt is, however, no control now on satellite dish diameter nor any provisions wii the code which allow Planning Director discretion to determine the adequac; the proposed antenna screening. In accordance, staff is recommending: (: maximum antenna diameter of 10 feet ensuring adequate screening; and (2) an a( provision to Section 21.53.130(d)(5) to require that all antenna screenin<
subject to Planning Director review and approval. These provisions will a'
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e 0 ZCA 89-2 CITY OF CARLSBAD NOVEMBER 1, 1989 PAGE 3
the most common residential satellite antenna, while ensuring adequate scree and control 1 ing excessive bulk and mass.
The fifth component of the proposed Amendment to Section 21.53.130 w specify that the owner of any satellite antenna, erected withoul approved satellite antenna permit, be required to pay an amount double required satellite antenna permit fee, and to process an application this permit through the City as specified in Section 21.53.130 of T 21. Staff believes that this provision will function to reduce the nu of illegal satellite antennas throughout the City while ensuring that proposed satellite antennas be subject to a fair and reasonable revi
The sixth component of the proposed Amendment to the Satellite Televi Section of the Zoning Ordinance is to add Section 21.53.150 to allow a variance process to the application of antenna standards. Given fed preemption principles regarding the right of property owners to rec satellite signals, this section would allow the Planning Dire discretion to grant a variance in those presumably few cases w application of the regulations would not allow an individual antenn be located on a particular lot.
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P1 anned Development Ordinance
The proposed Zone Code Amendment would amend the development standards of Planned Development Ordinance, Section 21.45.090. Specifically, Sec 21.45.090(n) would be modified to allow satellite antennas consistent with provisions of Section 21.53 outlined above. This section currently coul interpreted to prohibit individual Satell i te Antennas in P1 anned Develop projects. In light of federal preemption this section is to be amended to a property owners in such projects the right to receive satellite sign However, a1 1 satel 1 i te antennas proposed within a P1 anned Development wi 1 subject to the Satellite Antenna Permit process as outlined in 21.53.130 of 7 21.
In conclusion, the proposed Zone Code Amendment would make City regulat consistent with federal preemption principles allowing residential pror owners to access satellite signals. The Satellite Antenna Section of the Zc Ordinance will be: (1) reworded and renumbered to clearly state its intent purpose; (2) an additional control on antenna bulk and mass is propose imposing a maximum antenna diameter; (3) a1 1 satel 1 i te antenna screening require Planning Director review and approval; (4) all illegally erc satellite antennas will require a double permit fee and full review; ( variance process for satellite antennas will be established; and (6) satel antennas will now be permitted in Planned Development projects. This pror Zone Code Amendment is necessary to prevent conflicts with federal preemr principles while maintaining reasonable health, safety and aesthetic object of the City.
9 0 ZCA 89-2 CITY OF CARLS AD NOVEMBER 1, 1989 PAGE 4
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not ha! significant impact on the environment and,therefore, has issued a Neg; Declaration on September 13, 1989.
ATTACHMENTS
1. Planning Commission Resolution No. 2916 2. Planning Commission Resolution No. 2917
3. Exhibit "X", dated November 1, 1989
ENM: 1 h August 29, 1989
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PLANNING COMMISSION RESOLUTION NO. 2917
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE 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 CASE NO.: ZCA 89-2
WHEREAS, the Planning Commission did on the 1st day 01
1989, hold a duly noticed public hearing as prescribed by law to COI
request; and
WHEREAS, at said public hearing, upon hearing and cons
testimony and arguments, if any, of all persons desiring to be t
Commission considered all factors relating to the Zone Code Amendmel
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Ca
foll ows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, thr recommends APPROVAL of ZCA 89-2, according to Exhibit "X" , dat 1, 1989, attached hereto and made a part hereof, based on th findings and subject to the following findings. I Findinqs:
1. The proposed Amendment will recognize federal preemption
residential property owners to access satel 1 ite signals.
2. The proposed Amendment wi 11 provide consi stency between satellite antenna regulations and the federal interest . property owners are not unreasonably prevented from receivin signals.
The proposed Amendment will allow the orderly and aesthetical
location and installation of satellite antennas in the maintaining safety, health and aesthetic objectives.
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4. The proposed Amendment will ensure that the antenna screening p a case by case basis is adequate by requiring the review and a1 the Planning Director.
5. The proposed Amendment will further fulfill the intent of the antenna section of the Zoning Ordinance by establishing a ma: diameter of 10 feet.
6. The proposed Amendment will serve to reduce the number o satellite antennas throughout the City by requiring a double 1 and full review for all satellite antennas erected without ai satellite antenna permit.
The proposed Amendment will provide for a variance process for t where application of regulations unreasonably restricts the re sate1 1 i te signal s.
8. The proposed Amendment will not cause any significant en1 impacts and a Negative Declaration has been issued by thc Director on September 13, 1989 and recomnended for approv Planning Comnission on November 1, 1989. In recomnending appro1 Negative Declaration, the Planning Comnission has considered 1 study, the staff analysis, all required mitigation measure written comnents received regarding the significant effects thi: could have on the environment.
PASSED, APPROVED, AND ADOPTED at a regular meeting of tk
1st daj
7.
Commission of the City of Carlsbad, California, held on the
November, 1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Schri
NOES: None.
ABSENT: None.
McFadden, Holmes & Marcus.
L?y& & ~
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MATTOEW HALL, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
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P1 anni ng Director
PC RES0 NO. 2917 -2-
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b I..,. YI . I. 0 @November 1, 1989
ORDINANCE NO.
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
Communications Act is to make communication services avaj
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 1985
Whereas, these enactments establish a federal
in ensuring that the right to construct and use antennas t
satellite signals is not unreasonably restricted 1
regulations; and
Whereas, the Federal Communications Commis
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. 925.104)
Now, therefore, the City Council of the City 01
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.45 of the
Municipal Code is amended by the amendment of Section 21.
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to read as follows:
It (n) Antennas. No individual antennas :
permitted. Each project shall have a master antenna and/o television hookup. Individual satellite television ant€ permitted subject to the provisions of Chapter 21.53 Carlsbad Municipal Code.I1
SECTION 2: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the amendment of Section 21.!
read as follows:
"The purpose and intent of this section pro1
satellite television antenna regulations are to set fort] defined health, safety or aesthetic objectives of the C.
do not operate to impose unreasonable limitations on, or
reception of satellite delivered signals by antennas or
costs on the users of such antennas that are excessive in
the purchase and installation cost of the equipmen
recognizing that the following standards are neces
important in preserving the health, safety or aesthetic
of the community and various zones in which satellite t 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
while prohibiting to the maximum extent possible unsightly not screened from public view or located in areas wk
present the least intrusive appearance to the neig community and the pub1ic.I'
SECTION 3: That Title 21, Chapter 21.53 of the
Municipal Code is amended by the amendment of Section 21.
to read as follows:
Any satellite antenna erected without an
satellite antenna permit shall be charged an investigatic
addition to the permit fee, which shall be collected whet1 a permit is then or subsequently issued. The investig
shall be equal to the amount of the permit fee require!
chapter. The payment of such investigation fee shall n
the property owner or applicant from compliance with provisions of this chapter nor from any penalty prescribc
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:
"(b)
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"The proposed antenna screening shall be subjec
SECTION 5: That Title 21, Chapter 21.53 of the
review and approval of the Planning Director."
Municipal Code is amended by the addition of
21.53.130(d) (8) to read as follows:
"(8) The antenna shall not exceed ten feet in d
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.
read as follows:
"21.53.150 Variance to standards.
If, after application of the standards set Section 21.53.140, a satellite antenna cannot be physical3 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 effectj
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 z
adoption.
INTRODUCED AND FIRST READ at a regular meeti
Carlsbad City Council on the
and thereafter
day of
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PASSED AND ADOPTED at a regular meeting of
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
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
4
Page ' November 1, 1989 PLANNING COMMISSION
grades. Mr. Wayne replied that the fence is measured from
the lowest grade.
Commissioner Holmes commented that there are 12 houses in
that immediate area which are impacted by the water tank; he
doesn't feel that this is the only one which has a problem.
He spoke with Kurt Musser who is in charge of landscaping at
the Water District. Mr. Musser feels that the landscaping
problem can be remedied if the Reddings will go and talk to
him. He thinks that landscaping is a better answer. He
cannot support the variance because it will set a precedent.
Commissioner Schramm is very sympathetic. She walked and
drove the area and noted that there is very poor visibility.
She would like to see this returned to staff to work out some
mitigating measures.
Commissioner McFadden agrees with Commissioners Holmes and
Schramm. She could accept an encroachment permit for 18
inches if the Reddings would lower the wall to 42 inches.
She would like staff to send a letter to the Water District
to encourage a correction to the landscaping.
Commissioner Erwin is impressed by the petitions but the
fence is permanent and residents are transitory.
support it because it would set a precedence.
Commissioner Marcus has sympathy with the applicant because
she visited the site and noted a lot of service vehicles in
the area.
were lowered to 42 inches. Otherwise she must support the
staff recommendation.
Commissioner Schlehuber has not heard enough testimony to
accept the encroachment.
and Schramm.
Motion was duly made, seconded, and carried to adopt
Resolution No. 2932 upholding the Planning Director's
decision to deny Administrative Variance No. 89-7.
He cannot
She could accept the encroachment if the fence
He can support Commissioners Holmes
Chairman Hall asked the City Attorney how the Planning
Commission can notify the Water District on the landscape
problem.
separate legal entity, we have no control.
District becomes a subsidiary district of the City then the
City Council could order the landscaping done.
that staff contact the. Water District and request their
consideration.
RECESS
The Planning Commission recessed at 7:47 p.m. and reconvened
at 7:58 p.m.
3) ZCA 89-2 CITY OF CARLSBAD - An Amendment to the
Mr. Ball replied that since the Water District is a Once the Water
He suggested
Satellite Television Antenna Section of the Zoning
Ordinance to: (1) state the intent of the Satellite
Television Antenna Section, recognizing the preemption
of the federal government regarding residential
satellite antennas under the Communications Act; (2) to
renumber Section 21.53.130 to be Section 21.53.140;
COMMISSIONERS
Erwin
Hall
Holmes
Marcus
McFadden Schlehuber
Schrama
e m
(3) to impose a maximum satellite dish diameter of 10
feet; (4) to require Planning Director review and
approval of all proposed antenna screening; (5) to
require a double permit fee and full review for all
illegally erected satellite antennas;
variance process to the satellite antenna installation
and location standards;
the Planned Development Ordinance, of the Carlsbad
Municipal Code by the repeal of Section 21.45.090(n).
(6) to allow a
and (7) to amend Chapter 21.45,
Gary Wayne, Assistant Planning Director, reviewed the
background of the request and stated that a recent Amendment
to the Communications Act strengthened the rights of a
property owner to construct and use satellite antennas to
receive unscrambled and unmarked satellite signals. Local
zoning regulations are preempted unless they preserve valid
health, safety, aesthetic, and general welfare objectives.
The proposed Zone Code Amendments will make five changes to
the Satellite Television Antenna Ordinance and one change to
the Planned Development Ordinance as follows:
(1) states the intent of the Satellite Television Antenna
Section, recognizing the preemption of the federal
government regarding residential satellite antennas
under the Communications Act;
(2) renumbers Section 21.53.130 to be Section 21.53.140;
(3)
(4)
imposes a maximum satellite dish diameter of 10 feet;
requires Planning Director review and approval of all
proposed antenna screening;
requires a double permit fee and full review for all
illegally erected satellite antennas;
allows a variance process to the satellite antenna
installation and location standards; and
(5)
(6)
(7) amends Chapter 21.45, the Planned Development Ordinance,
of the Carlsbad Municipal Code by the repeal of Section
21.45.090(n).
Commissioner Holmes inquired how an existing antenna without
a permit will be made legal. Mr. Wayne replied that it will
be handled on a complaint basis.
property owner to come in and apply for a satellite antenna
permit. They would be charged a double fee. Staff will
review the installation and if it does not adhere to the
standards, staff would recommend denial. If there are unique
circumstances which are warranted, an administrative variance
would be issued upon application. Mr. Ball added that there
would be no need for a variance unless it is not physically
able to be located anywhere on the property.
Commissioner McFadden inquired what recourse a neighbor would
have if they do not like the antenna. Michael Holzmiller,
Planning Director, replied that this would be handled in
another part of the ordinance and, in effect, would be
appealable to the Planning Commission. Mr. Ball added that
the neighbor would only have only ten days to appeal the permit.
Chairman Hall inquired how the neighbors rill be noticed.
Mr. Ball replied that noticing is not required.
It would require the
Page 9 November 1, 1989 PLANNING COMMISSION
Commissioner McFadden would like to know what the neighbor's
recourse would be. Mr. Ball replied that if the permit is
issued in accordance with the law, there is no notice nor is
there any recourse by a discretionary body.
Michael Holzmiller, Planning Director, added that the
satellite antenna is a given right. The permit is only
required so that staff can place some minor conditions on it such as screening. He noted that it is very similar to
building a single family home--if the property owner complies
with the zoning standards, it is not appealable after it is
built.
Commissioner McFadden referred to line 2, page 2 of Exhibit "X"
She would like to know why this does not state "and/or."
Ball replied that this relates to PUD's only. The only
change made to this section was the addition of the last
sentence.
Commissioner Erwin asked staff to describe the process for a
complaint against someone with an existing antenna.
Wayne replied that many citizens already have permitted
antennas that already conform to the ordinance. If the
antenna does not have a permit, they will be required to
obtain a permit and will be charged a double fee or $50.
Commissioner Erwin would like to know what determines whether
a fee is considered excessive. Mr. Ball replied that it
would have to be determined on a case by case basis.
Commissioner Erwin commented that as he reads the Amendment
with reference to the variance to standards and unreasonable
costs, most anyone can get a variance based on this findicg.
Mr. Ball replied that the variance only applies when there is
no physical location on the property to place the antenna
that would conform to the standards of the ordinance.
Chairman Hall opened the public testimony and issued the
invitation to speak.
There being no persons desiring to address the Commission on
this topic, Chairman Hall declared the public testimony
closed and opened the item for discussion among the
Commission members.
Commissioner Erwin inquired if the "andlor" can be added to
Subsection (n) as suggested by Commissioner McFadden.
Ball replied that although it was not proposed, since this is
a public hearing and noticing was given, this change could be
made.
Motion was duly made, seconded, and carried to adopt
Resolution No. 2916 recommending approval of the Negative Declaration issued by the Planning Director and adopt
Resolution No. 2917, recommending approval of ZCA 89-2,
based on the findings contained therein with on amendment
to Subsection (n), line 2, to read "Each project shall have
a master antenna and/or a cable television hookup."
ADDED ITEMS AND REDORTS:
Commissioner Schramm requested the Commission to consider an
agenda item for the next meeting regarding passage of a
motion to the City Council that the City not permit the
concurrent processing of Tentative Subdivision Maps with:
regarding a master antenna or a cable television hookup.
Mr.
Mr.
Mr.
COMMISSIONERS
Erwin
Hall
Holmes
Marcus McFadd
Schleb
Schran
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Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitle
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general ci
published twice weekly in the City of Carlsbad, County of San Diego, State of California, c
newspaper is published for the dissemination of local news and intelligence of a general chart
which newspaper at all times herein mentioned had and still has a bona fide subscription list
subscribers, and which newspaper has been established, printed and published at regular ir
the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one
preceding the date of publication of i
hereinafter referred to; and that the
which the annexed is a printed copy,
published in each regular and entire iss
newspaper and not in any supplement i
the following dates, to-wit:
NOTICE OF PUBLIC HEARING ZCA 89-2
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, December 19,1989, to consider an amendment to the Satellite Television Antenna Section of the Zoning Ordinance to: (1) state the intent of the Satellite Television Antenna seqtion, recog- nizing the preemption of the feder- al government regarding residen- tial satellite antennas under the Communications Act; (2) renumber Section 21.53.130 to be Section 21.53.140; (3) impose a maximum satellite dish diameter of 10 feet; (4) require Planning Director review and approvalofall proposed anten- na screening; (5) require a double permit fee and full review for all illegally erected satellite anten- ................................ nas; (6) allow a variance process to . the satellite installation and loca- tion standards; and (7) amend Chapter 21.45, the Planned De- velopment Ordinance, of the Carls- bad Municipal Code,by the repeal of Section 21.45.090(n). If you have any questions regard- ing this matter, please call the Planning Department at 438-1161, If you challenge the Zone Code
limited to raising only those issues you or someone else raised at the
notice, or in written correspond- ence delivered to the City of Carl- sbad City Clerk's Office at or prior to the public hearing. Applicant: City of Carlsbad -
.............. December .? ........
................................
................................
................................
Amendment in court, you may he
public hearing described in this
I certify under penalty of perjury that the ,foregoin
correct. Executed at Carlsbad, County of San Dit
California on thPWh- z day of -u
Clerk o CARLSBAD CITY COUNCIL CJ 5998 December 8,1989
#202-2M-12/87
0
NOTICE OF PUBLIC HEARING
ZCA 89-2
0
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at (
on Tuesday, December 19, 1989, to consider an amendment to the Satellite Televis
Antenna Section of the Zoning Ordinance to: (1) state the intent of the Satellitc
Antenna Section, recognizing the preemption of the federal government regarding
satellite antennas under the Communications Act; (2) renumber Section 21.53.130 i
Section 21.53.140; (3) impose a maximum satellite dish diameter of 10 feet; (4)
Planning Director review and approval of all proposed antenna screening; (5) .
a double permit fee and full review for all illegally erected satellite antennas
a variance process to the satellite installation and location standards; and (7
Chapter 21.45, the Planned Development Ordinance, of the Carlsbad Municipal Code
repeal of Section 21.45.090(n).
If you have any questions regarding this matter, please call the Planning Depart]
at 438-1161.
If you challenge the Zone Code Amendment in court, you may be limited to raising
those issues you or someone else raised at the public hearing described in this I
or in written correspondence delivered to the City of Carlsbad City Clerk's Offic
or prior to the public hearing.
APPLICANT: City of Carlsbad CARLSBAD CITY COUNCIL
PUBLISH : December 8, 1989
I =NOTICE OF PUBLTC HEARTNG
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will ho
public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m
Wednesday, November 1, 1989, to consider approval of a Zone Code Amendment to the Sate
Television Antenna Section of the Zoning Ordinance to: (1) to state the intent of the Sate
Television Antenna Section, recognizing the preemption of the federal government regarc
residential satellite antennas under the Communications Act; (2) to renumber Section 21.53.13
be Section 21.53.140; (3) to impose a maximum satellite dish diameter of 10 feet; (4) to req
Planning Director review and approval of all proposed antenna screening; (5) to require a dol
permit fee and full review for all illegally erected satellite antennas; (6) to allow a variance pro
to the satellite antenna installation and location standards; and (7) to amend Chapter 21.45,
Planned Development Ordinance, of the Carlsbad Municipal Code by the repeal of Sec
21.45.090(n).
Those persons wishing to speak on this proposal are cordially invited to attend the publiic heal
If you have any questions, please call the Planning Department at 438-1161.
If you challenge the Zone Code Amendment in court, you may be limited to raising only tl
issues you or someone else raised at the public hearing described in this notice or in wri
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE RLE: ZCA 89-2
APPLICANT City of Carlsbad
PUBLISH: October 20, 1989
CITY OF CARLSBAD PLANNING COMMISSION
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