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HomeMy WebLinkAboutCode Amendment 86-3 - Ordinance 2831 - Satellite Dish Antenn Autho-iz1.i to Publish Advertisements of all kinds inc V public noii:e� by %Oecr,"e of the Superior Court of Orange County, Celi,4'rnia, Number A-6214, dated 29 September, 1961, and A-24d31. dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Pubhc NOMA Advent"cc,an0 " "us anide"t is sal M 7 pow" With 10 P"cokum am" 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 below entitled matter. I am a principal clerk of the Orange PIAILIC NOTICE Coast DAILY PILOT, with which is combined the NOTICE.OF NEWS-PRESS, a newspaper of general Circulation, PUBLIC HEARING CODE AMENDMENT � printed and published in the City of Costa Mesa, N0.96-s SATELLITE DISH I Coui sty of Orange, State of California, and that a ANTENNA REGULATIONS 1- NOTICE- IS HEREBY- Notice of PUBLIC HEARINGGIVEN that the Huntington Beach City Council will hold CODE AMENDMENT NO 86-3 is public hearing in the Coun- Cc1I Chamber at the Hunt-, lington Beach Civic Center, 2000 Main Street, Hunt- ington Beach,California,on of which copy attached hereto is a true and complete the date and,at the time in- ,dicated below to receive and Copy, was printed and published in the Costa Mesa, 'Consider the statements of Newport Beach, Huntington Beach, Fountain Valley, �ae persons who wish a be heard relative to the eppll- icatlon described below. Irvine, the South Coast communities and Laguna DATE: Monday,, April 7,1 Beach issues of said newspaper for 1 t-;,,,A 19TIME:7:30 P.M: IDENTIF16ATIONI consecutive weeks to wit the issue(s) of NUMBER: Code Amend- ment No.86-3 LOCATION:City-wide PROPOSAL: To establish provisions to regulate the placement of satellite dish March 20 6 antennas. 198 ENVIRONMENTAL STATUS: Negative Declar- atlon No. 85-13 assessing the environmental effect of 198 Code Amendment No. 86-3 will also be considered. ON FILE: A copy of the ' t 98 proposed code amendment. Is on file In the Department of Development Services. ALL INTERESTED PER- SONS are Invited to attend 198 said, hearing and express opinionwoF submit evidence for or against the application - as outlined above.All appli- cations, exhibits, and de- 198 scriptions 0 ',this proposal are on file wi.h the Off lee of the City Clerk, 2000-Main Street, Huntington Beach, I declare, under penalty of perjury, that the Calthe p ble,for Inspection by the ublk:. foregoing is true and correct. GTON BEACH CITYTY COUNCIL, By: Alicia M. Wentworth, City Clerk, Phone(714)336-5405 April 1 4 Dated March 7,'1986 Ex d on 6 Published Orange Coast 198 Daily Pilot March 20,1986 7atCost Mesa, a lifornia. Th-772 Signat r REQUEST F JR CITY COUNCIL Av TI®N Date A r i'1 7- 4�8�—ciiZT Submitted to: Honorable Mayor and City Council Aa Submitted by: Charles W. Thompson, City Administra o - ` �t- - ----�- S y -EKx Prepared by: James W. Palin, Director, Development Services — P Subject: CODE AMENDMENT NO. 86-3 - SATELLITE DISH ANTENN Consistent with Council Policy? [ ] Yes ( New Policy or Exception C)a T Statement of Issue, Recommendation,Analysis, Fundinq Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 86-3; a proposal to establish provisions to regulate the placement—of satellite dish antennas . RECOMMENDATION: Planning Commission action and recommendation on March 4 , 1986 : ON MOTION BY LIVENGOOD AND SECOND BY PORTER, CODE AMENDMENT NO. 86-3 WAS APPROVED AND RECOMMENDED TO CITY COUNCIL FOR ADOPTION WITH ADDITIONS. AYES: Rowe, Winchell , Livengood, Erskine, Porter, Mirjahangir NOES: None - ABSENT: Schumacher ABSTAIN: None Staff recommendation is identical to that of the Planning Commission. ANALYSIS• On July 16, 1986, the Planning Commission approved Code Amendment No. 85-1 . This code amendment established regulations for installation of satellite dish antennas ; however , due to the restrictive nature of the ordinance and opposition from the industry, no City Council action occurred. The definition of satellite dish antenna has been changed to reflect that used by the Satellite Television Association, Inc. (SPACE) . Other changes include additional installation and screening requirements and a provision for multiple antennas on commercial or industrial sites with adequate screening and setback . The proposed code amendment contains regulations recommended by SPACE. P10 4/84 The Planning Commission added a provision for use permit for those sites incapable of receiving signals from an antenna installed pursuant to criteria . Such permit then may be issued upon a showing by the applicant that installation at a height greater than 15 feet or in another yard area is necessary for the reception of usable satellite signals . ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Development Services posted draft Negative Declaration No. 85-13 for ten days , and no comments either verbal or written were received . The staff, in itslinitial study of the project , has recommended that the negative declaration be issued. Prior to any action on Code Amendment No.186-3 , it is necessary for the City Council to review and act on Negative Declaration No. 85-13 . FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may consider denying Code Amendment No. 86-3 which would subject satellite dish antennas only to height limitations and rooftop mechanical equipment screening regulations . ATTACHMENTS: 1 . Staff reports dated February 19 and March 4 , 1986 2. Minutes of Planning Commission meetings February 19 and March 4 , 1986 3 . Ordinance 4. Negative Declaration JWP: SP:kla RCA - 4/7/86 -2- (4461d) t 1 huntingt®n beech development services department EPORTya TO: Planning Commission FROM: Development Services DATE: March 4, 1986 SUBJECT: CODE AMENDMENT NO. 86-3 SATELLITE DISH ANTENNAS APPLICANT: City of Huntington Beach REQUEST: To establish provisions to regulate the placement of satellite dish antennas Code Amendment No . 86-3 was continued from the February 19 , 1986 meeting. Attached are the original staff report , draft ordinance , and FCC bulletin . RECOMMENDATION: Approve Code Amendment No. 86-3 and recommend adoption by the City council . ATTACHMENTS: 1 . Staff report dated February 19 , 1986 2 . Draft Ordinance 3 . C Bulletin JW :kla (42 ) A!RX A-FM-23A i huntington beach development services department STAFf E.POR T0: Planning Commission FROM: Development Services i DATE: February 19 , 1986 SUBJECT: CODE AMENDMENT NO. 86-3 APPLICANT: City of Huntington Beach REQUEST: To establish provisions to regulate the placement of satellite dish antennas 1 .0 SUGGESTED ACTION: Approve Code Amendment No. 86-3 and recommend adoption by the City Council . 2. 0 GENERAL INFORMATION: On July 16 , 1986, the Planning Commission approved Code Amendment No. 85-1 . This code amendment established regulations for installation of satellite dish antennas; however, due to the restrictive nature of the ordinance and opposition from the industry, no City Council action occurred. The definition of satellite dish antenna has been changed to reflect that used by the Satellite Television Association, Inc. (SPACE) . Other changes include additional installation and screening requirements and a provision for multiple antennas on commercial or industrial sites with adequate screening and setback. The proposed code amendment contains regulations recommended by SPACE. The Planning Commission may choose to include a provision for use permit for those sites incapable of receiving signals from an antenna installed pursuant to criteria. Such permit then may be issued upon a showing by the applicant that installation at a height greater than 15 feet or in another yard area is necessary for the reception of usable satellite signals. 3 .0 ENVIRONMENTAL STATUS: The proposed code amendment is covered by Negative Declaration No. 85-13 , adopted by the Planning Commission on July 16, 1985. ATTACHMENTS: 1 . Draft Ordinance JWP:SP: kl p, Al2bk A-F M-23A i CODE AMENDMENT NO. 86-3 ORDINANCE NO. AN ORDINANCE OF THE .CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9700 . 1 ; AND ADDING THERETO SECTIONS 9730 .85 THROUGH 9730 . 85 .4 , REGULATING THE INSTALLATION OF SATELLITE DISH ANTENNAS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Municipal Code is hereby amended by amending section 9700 .1 to read as follows: 9700. 1 Words beginning with the letter "A" shall have the following definitions: (1 ) ACCESSORY: a detached structure, building, or portion of either, the use and maintenance of which is subordinate and purely incidental to that of the main building or main use of the land and which is located on the same therewith. (2) ANTENNA, SATELLITE DISH: an apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. ( 3) APARTMENT: a room or suite of two or more rooms which is designed or intended for use and/or occupancy by only one family which may do its own cooking in said room or suite. ( 4 ) ARTERIAL: any street, highway or road having been designated as an arterial on the circulation element of the General Plan. ( 5) AUTOMOBILE ACCESSORY DEALER: an automotive dealer of a specialized nature who operates on a one-day, turn-around basis . The intent of this definition is to include a speciality shop such as a muffler shop, a transmission shop, and so forth. This definition is not to be confused with the definition of minor automobile repair. (6) AUTOMOBILE PARKING SPACE, AUTOMOBILE STORAGE SPACE, OR GARAGE SPACE: a ppermanently maintained, privately-owned space of not less than 144 square feet in area, accessible to and usable by an average size automobile under its own power for temporary, off-street parking or storage thereof. Said automobile storage space, whether or not located within a building, shall be exclusive of driveways, walks, ramps, columns, and areas devoted to other purposes than the storage or parking of automobiles. (7 ) AUTOMOBILE REPAIR shall mean and include the following: (.a) Minor repairs shall mean tire changing and repairing (excluding recapping and retreading) ; battery charging and replacement; radiator cleaning and flushing (excluding steam cleaning) ; lubricating, servicing and replacing of brake cylin- ders and brake' shoes; wheel balancing; testing, adjusting and installing carburetors, coils, condensers, fan belts, distrib- utor caps, smog control devices, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring; and similar minor repairs. (b) b or repairs shall mean painting; body and fender work; steam cleaning; welding; tire recapping; radiator repair and rebuilding; turning brake drums; battery repairing and rebuilding; engine repairing, overhauling and replacing; trans- mission and differential repairs or replacing; and other similar major automobile repairs. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto sections 9730.85 et seq. to read as follows: 9730.85 SATELLITE DISH ANTENNAS. GENERAL PROVISIONS. The following provisions shall regulate the installation of `y satellite dish antennas on real property in this city: (a) Maximum width of a satellite dish antenna shall be ten (10) feet in diameter. (b) All satellite dish antennas, including support struc- tures and wiring, shall be screened from view from adjacent properties and public rights-of-way by the use of walls, fences, and/or landscaping materials. A minimum height of 7 feet is required for landscaping. (c) No advertising or text shall be permitted on a satellite dish antenna. (d) All antennas and the construction and installation thereof shall conform to building code and electrical code . regulations and requirements. (e) Antennas shall meet all manufacturers ' specifications, be of non-combustible and corrosive-resistant material, and be erected in a secure; wind-resistant manner. ( f) Every antenna shall be adequately grounded for protection against a direct strike of lightning. r 9730 .85.1 SATELLITE DISH ANTENNAS ATTACHED TO MAIN STRUCTURES. When attached to a main structure the satellite dish antenna shall: (a ) Not exceed the maximum building height for the dis- trict in which it is located; (b) Not encroach into any required setback; (c) Be placed only on a flat roof; and (d) Be screened from view from adjacent property,or public rights-of-way through the use of parapet walls or other architectural elements, approved by -the Director or set back sufficiently from street to not pose a visual obstruction. 9730.85. 2 SATELLITE DISH ANTENNAS DETACHED FROM MAIN STRUCTURES. When detached from a main structure, a satellite dish antenna shall: (b) Be limited to a maximum height of fifteen (15) feet; (c) Maintain the setback requirements for accessory structures; and (c) Not be located within a required open space or private recreation area, or required parking space. 9730.85.3 SATELLITE DISH ANTENNAS. RESIDENTIAL DISTRICTS. One satellite dish antenna may be installed per single-family residential lot, apartment project or planned residential evelopment as an accessory structure in accordance with S.9730.85, 9730.85.2. 9730.85.4 SATELLITE. DISH ANTENNAS. COMMERCIAL AND . INDUSTRIAL DISTRICTS. One satellite dish antenna may be, in- stalled per individual business as a structure either attached or detached from a main or accessory structure, in accordance with 5. 9730.85, 9730.85.1, 9730.85. 2. i SECTION 2. This ordinance shall take effect thirty days after its passage. 3PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1986 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Development Services (1180L) R 4ea nsung or releases and texts x 202/632-0002 FEDERAL COMMUNICATIONS COMMISSION 19F 6 1919 M STREET, N.W. WASHINGTON, D.C. 20554 LONG BLAUrl, vnLlt UR�i!.A this;s an unotlictal announcement of Commis Sion action Release of the lull teai of a Comm,won orde, constitutes otl,cial act-on See MG y FCC 515 F 20 385 ID C C,,c 1975) Report No. DC-362 ACTION IN DOCKET CASE January 14, 1986 FCC ADOPTS LIMITED PREEMPTION OF LOCAL ZONING OR OTEER REGULATION OF SATELLITE .EARTH -STATIONS (CC DOCKET 85-87) The Commission has adopted limited preemption of local zoning or .other regulation of satellite earth stations. The FCC ruled that state and local zoning and other regulations which differentiate between satellite receive-only antennas and other types of antenna facilities are preempted unless such regulations: -- have a reasonable and clearly defined health, safety or aesthetic objective; and, -- do not operate to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals by receive-only antennas, or to impose costs on the users of such antennae that are excessive in light of the purchase and inbtallation cost of equipment . Regulation of satellite transmitting antennas is premiTted in the same manner, except that state and local health and safety regulation is not preempted. The Commisssion noted this action ensures that state and local reg- ulations will not interfere unreasonably with the federal right to construct and use antennas to receive satellite-delivered signalf . Under the adopted rule, local governments may impose non-discriminatory regulations on earth stations as long as the same regulations are applied to all antennas . Thus, a community may preserve its historic character by limiting construction of all external antennas without singling out satel- lite facilities for different treatment . If an ordinance or regulation differentiates in the treatment of anten- nas , the community must show that the ordinance or regulation has a reason- able and clearly defined health, safety or aesthetic objective. In addi- tion, the regulation must not limit or prevent reception unreasonably, nor impose unreasonable costs on an antenna user. (over) I - 2 - The Commission noted it does not anticipate further involvement in / individual zoning disputes. Satellite earth station users who experience / problems with non-federal zoning or other regulations can use the adopted standards in pursuing available legal remedies. The FCC said while it anticipated local governments would abide by these standards, requests for further action would be considered if it appeared communities in general were not taking these policies into consideration. Any party requesting Commission review of a controversy will be expected to show that all other available remedies have been exhausted. Action by the Commission January 14, 1986, by Report and Order (FCC 86- 28) . Commissioners Fowler (Chairman) and Patrick, with Commissioner Quello concurring in the result and Commissioner Dawson dissenting and issuing a statement. FCC - For further information contact Rosalee C. Gorman at (202) 634-1781 . i C-11 CODE AMENDMENT NO. 86-2 Applicant:_ City of Hunti/tonBeach Code Amendment No. 86-2 prop ses to make all code sections pertaining to site coverag consistent. Maximum site coverage as defined by Article 970 wi be utilized in all zones and maximum amount allowed based on et site area. Presently the method of determining site cover a varies . It may be based on roofed j , structures, ground fl or area, all buildings, or based on gross acreage minus street and drives. ENVIRONMENTAL STAT S: The proposed pr ect is categorically excluded from the provisions of the Califor is Environmental Quality Act. i DUE TO THE L TENESS OF THE HOUR A MOTION WAS MADE BY PORTER, SECOND I ' BY MI RJAHA IR TO CONTINUE CODE AMENDMENT NO. 86-2 TO THE MARCH 4, 1/BSEN - G BY THE 'FOLLOWING VOTE: Aowe, Schumacher, Livengood, Erskine, Porter,. Mirjahangir, None Ainchell (Out of Room) Aone MED .._, C-12 CODE AMENDMENT NO. 86-3 Applicant: City of Huntington Beach On July 16 , 1986, the Planning Commission approved Code Amendment No. 85-1 . This code amendment established regulations for installation of satellite dish antennas; however, due to the restrictive nature of the ordinance and opposition from the industry, no City Council action occurred. The definition of satellite dish antenna has been changed to reflect that used by the Satellite Television Association, Inc. (SPACE) . Other changes include additional installation and screening requirements and a provision for multiple antennas on commercial or industrial sites with adequate screening and setback . The proposed code amendment contains regulations recommended by SPACE. The Planning Commission may choose to include a provision for use permit for those sites incapable of receiving signals from an j antenna installed pursuant to criteria. Such permit then may be issued upon a showing by the applicant that installation at a height greater than 15 feet or in another yard area is necessary for the reception of usable satellite signals. �i i i PC Minutes - 2/19/86 -25- (4290d) i { ENVIRONMENTAL STATUS: ' I The proposed code amendment is covered by Negative Declaration No. j 85-13, adopted by the Planning Commission on July 16, 1985. is DUE TO THE LATENESS OF THE HOUR A MOTION WAS MADE BY PORTER, SECOND ! BY MIRJAHANGIR TO CONTINUE CODE AMENDMENT NO. 86-3 TO THE MARCH 4 , 1986 MEETING BY THE FOLLOWING VOTE: i j' AYES: Rowe, Schumacher, Livengood, Erskine, Porter, Mirjahangir NOES: None ABSENT: Winchell (Out of Room) ABSTAIN: None i MOTION PASSED is i C-13 CODE AMENDMENT NO. 86-4 A licant: Cit 'of Huntington Beach i I Code Ame dment No. 86-4 proposes no' changes in the overall content j as compar d to the existing code. It does, however, revise and ! streamline ome of the oldest and outdated text of Division 9. The I! provisions late to the interpretation, application, and enforcement both the district maps and all zoning regulations contained in 6` vision 9 . In particular , new Article 906 has been revised to include a listing of all current zone districts, overlays , and su'qfixes as well as their abbreviations. ENVIRONMENTAL STA� S: Code Amendment No. 8 -4 is categorically excluded from the provisions of the' Cal ' fornia Environmental Quality Act . i DUE TO THE LATENESS OF` HE HOUR A MOTION WAS MADE BY PORTER, SECOND BY MIRJAHANGIR TO CONTIN E CODE AMENDMENT N0. 86-4 TO THE MARCH 4, 1986 MEETING BY THE FOLLO ING VOTE: AYES: Rowe, Schumacher, ivengood, Erskine, Porter, Mirjahangir. NOES: None ABSENT: Winchell (Out of Ro ) ABSTAIN: None i MOTION PASSED C-14 CODE AMENDMENT NO. 86-6 Applicant : City of Huntington each Code Amendment No. 86-6 proposes littl change to the substantive content of the RA district standards. a proposed ordinance is part of the general clean-up of Division 9 . The provisions have been reworded and reorganized to be in a format that will be consistent with all of the other district regulations . The only �-- i PC Minutes - 2/19/86 -26- (4290d ) March 20, 1986 NOTICE OF PUBLIC EEARING CODE AANIDMMENT NO. 86-3 SATELLITE DISH ANTENNA REGJIATIoNs NOTICE IS -HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington. Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE: Monday, April 7, 1986 TIME: 7:30 P.M. IDENTIFICATION NUMBER: Code Amendment No. 86-3 L.00'ATION: City-wide PROPOSAL: To establish provisions to regulate the placement of satellite dish antennas ENVIPI'AL STATUS: Negative Declaration No. 85-13 assessing the environmental effect of Code Amendment No. 86-3 will also be considered. ON FILE: A copy of the proposed ecde amendment is on file in the Department of Development Services. ALL INTERESTED PERSONS are invited to attend said hearing and exp ess opinions or submit evidence for or against the application as outlined above. All applications, exhibits, and descriptions of this proposal are on file with the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, for inspection by the public. HUNTING ON BEACH CITY COUNCIL By: Alicia M. Wentworth City Clerk Phone (714) 536-5405 Dated March 7, 1986 ' f , NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM C � x�c� ',�G —2�' J TO: CITY CLERK'S OFFICE DATE: FROM:. > � �`c� PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 198 AP's are attached AP's will follow o AP's Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status (x) EIR CND NONE Has City Attorney' s Office been YES NO informed of forthcoming public hearing? Refer to ff e, 2p Planning Department Extension #c SU for additional information. * If appeal , please transmit exact wording to be required in the legal . i � �. .� 1 ' s .per i C NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 86-3 SATELLITE DISH ANTENNA REGULATIONS NOTICE IS HEREBY GIVEN that the Huntington Beach Planning Commission will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California , on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. L�--e.- 7 DATE/TIME : -'e ru-azy-49-, 1986 - 4:46- PM APPLICATION NUMBER: Code Amendment Nb. 86-3 APPLICANT: City of Huntington Beach REQUEST: To establish provisions to regulate the placement of satellite dish antennas . ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 85-13 ON FILE: A copy of the proposed code amendment is on file in the Department of Development Services, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Susan Pierce, Associate Planner at 536-5271. James W. Palin, Secretary Huntington Beach Planning Commission ( 4163d-1) CITY OF HUNTIN TO BEACH INTER-DEPARTMENT COMM IC TION HUNTINGTON BEACH O To Charles W. Thompson ro James W. Palin, Director City Administrator OF Development Services Subject CODE AMENDMENT 86-3 Date May 13, 1986 ORDINANCE NO. 2831 SATELLITE DISHES Code Amendment No. 86-3 and Ordinance No . 2831 were approved as amended at the April 7, 1986 City Council meeting. The code amendment proposed to regulate all satellite antenna installations and prohibit any roof installations in a residential neighborhood . The ordinance was amended by City Council action to delete the regulation of satellite dish antennas on commercial or industrial properties, reduce detached antenna maximum height, and allow rooftop installation. The attached ordinance has been modified to reflect the City Council-' s amendments. An additional copy has been highlighted to reflect the necessary modifications. JWP :SP :pb ( 5127d ) CITY OF HUNTINGTON BEACH AO-IINISTRATIVE OFFICE In cons motion with Code-Amendment 86-3 CITY '®F HUNTINGTON BEACH FAB INTER-DEPARTMENT COMMUNICATION HUNTWGTON BEACH To Susan Pierce Frofii ENVIRONMENTAL RESOURCES SECTION Subject NEGATIVE DECLARATION Date NO. 85-13 March 13, 1986 Applicant: City of Hntington Beach Request: ' Develop standards to regulate the placement of satellite dish antennas Location: City-wide Background Based on the Staff's initial study of this project a Draft Negative Declaration was published in the local newspaper and posted in the Office of the City Clerk for a 10-day public review period ending March 17 1986 and XXX no comments, the attached comments were received. Recommendation The Environmental Resources Section recommends that the city Council approve Negative Declaration No. finding that the propose project a will not have a significant adverse ec on the environment. Mitigation Measures The attached mitigating measures will reduce potential environmental effects resulting from the project and are recommended as conditions of approval . 0 Respectfully submitted, Diana Teran Blaisure Assistant: Planner JRB/dc .\Q � v CITY OF HUNTINGTON BEACH INITIAL STUDY OF ENVIRONMENTAL IMPACTS I. BACKGROUND 1. Applicant City of Huntington Beach 2. Address 2000 Main Street, Huntington Beach. Ca. 92648 3. Telephone (714) 536-5271 4. Project Location City-wide 5. Project Title/Description Development standards to regulate placement of satellite 6. Date March 13 , 1986 dish antennas II. ENVIRONMENTAL IMPACTS: (Explanations of all "Yes" and "Maybe" answers are required on attached sheet). 1. Physical Environment: Will the project have a significant impact on the physical environment with respect to: a) hydrology, b) air quality, c) geology, d) flora and fauna, e) noise, f) archaeological/historical . Yes Maybe No X Other 2. Impact of Environment on Project: Will the project be subject to impacts from the surrounding environment? i.e. , natural environment; manmade environment. Yes Maybe No X 3. Impacts on Public Services: Will the project have a significant impact upon, or re- sult in a need for a new or altered government service in any of the following areas: fire, police, schools, parks or other governmental agencies. Yes Maybe No X 4. Impacts on Traffic/Circulation: Will project result in substantial vehicular move- ment, or impact surrounding circulation system, or increase traffic hazard? Yes Maybe No X 5. Will the project result in a substantial alteration or have a negative affect on the existing: land use, population/housing, energy/utilities, natural resources, human health? Yes Maybe No X 6. Other potential environmental impacts not discussed above (see attached sheet). III. OTHER RESPONSIBLE AGENCIES AND/OR PERSONS CONTACTED ( ) See Attached ( XX ) Not Applicable IV. MANDATORY FINDINGS OF SIGNIFICANCE: 1. Will project degrade quality of environment? Yes Maybe No X 2. Will project achieve short-term goals to the disadvantage of long-term environmental goals? Yes Maybe No X 3. Does the project have impacts which are individually limited but cumulatively considerable? Yes Maybe No X 4. Will the project adversely affect human beings either directly or indirectly? Yes Maybe No X V. DETERMINATION ( X ) Negative Declaration ( ) Negative Declaration With Mitigation ( ) Environmental Impact Report DATE March 13, 1986 SIGNATURE ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9700.1; AND ADDING THERETO SECTIONS 9730.85 THROUGH 9730.85.4, REGULATING THE INSTALLATION OF SATELLITE DISH ANTENNAS The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending section 9700.1 to read as follows: 9700. 1 Words beginning with the letter "A" shall have the following definitions: (1) ACCESSORY: a detached structure, building, or portion of either, the use and maintenance of which is subordinate and purely incidental to that of the main building or main use of the land and which is located on the same therewith. (2) ANTENNA, SATELLITE DISH: an apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit. ( 3) APARTMENT: a room or suite of two or more rooms which is designed or intended for use and/or occupancy by only one family which may do its own cooking in said room or suite. (4) ARTERIAL: any street, highway or road having been designated as an arterial on the circulation element of the General Plan. (5) AUTOMOBILE ACCESSORY DEALER: an automotive dealer of a specialized nature who operates on a one-day, turn-around basis . The intent of this definition is to include a. speciality shop such as a muffler shop, a transmission shop, and so forth. This definition is not to be confused with the definition of 'minor automobile repair. (6) AUTOMOBILE PARKING SPACE, AUTOMOBILE STORAGE SPACE, OR GARAGE SPACE: a permanently maintained, privately-owned space of not less than 144 square feet in area, accessible to and usable by an average size automobile under its own power for temporary, off-street parking or storage thereof. 1. Said automobile storage space, whether or not located within a building, shall be exclusive of driveways, walks, ramps, columns, and areas devoted to other purposes than the storage or parking of automobiles. (7 ) AUTOMOBILE REPAIR shall mean and include the following: (a) Minor repairs shall mean tire changing and repairing (excluding recapping and retreading) ; battery charging and replacement; radiator cleaning and flushing (excluding steam cleaning) ; lubricating, servicing and replacing of brake cylinders and brake shoes; wheel balancing; testing, adjusting and installing carburetors, coils, condensers, fan belts, distributor caps, smog control devices, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring; and similar minor repairs. (b) Major repairs shall mean painting; body and fender work; steam cleaning; welding; tire recapping; radiator repair and rebuilding; turning brake drums; battery repairing and rebuilding; engine repairing, overhauling and replacing; transmission and differential repairs or replacing; and other similar major automobile repairs . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto sections 9730.85 et seq. to read as follows 9730.85 SATELLITE DISH ANTENNAS. The following provisions shall regulate the installation of satellite dish antennas on rresidential-real--property -in--this city. Thes.e__regulat,ions are not appl cable_ to__commerc-ial or indus-trial_devellopments. 9730.85,A -- G-ENERAL -PROVISIONS: --- � (a) One satellite dish antenna shall only be permitted installation per single family residential lot, apartment project, or planned residential development. (b) Maximum width of a satellite dish antenna shall be ten (10) feet in diameter. (c) All satellite dish antennas, including support structures and wiring, shall be screened from view from adjacent properties and public rights-of-way by the use of walls, fences, and/or landscaping materials. A minimum height of 7 feet is required for . landscaping. (d) No advertising or text shall be permitted on a satellite dish antenna. (e) All antennas and the construction and installation thereof shall conform to building code and electrical code regulations and requirements. 2 . (f) Antennas shall meet all manufacturers' specifications, be of non-combustible and corrosive-resistant material, and be erected in a secure, wind-resistant manner. (g) Every antenna shall be adequately grounded for protection against a direct strike of lightning. 9730.85.2 SATELLITE DISH ANTENNAS ATTACHED TO MAIN STRUCTURES. When attached to a main structure the satellite dish antenna shall: (a) Not exceed the maximum building height for the district in which it is located; (b) Not encroach into any required setback; (c) Be screened from view from adjacent property or public rights-of-way through the use of parapet walls or other architectural elements, approved by the Director or set back sufficiently from street to not pose a visual obstruction. 9730.85.3 SATELLITE DISH ANTENNAS DETACHED FROM MAIN STRUCTURES. When detached from a main structure, a satellite dish antenna shall: (a) Be limited to a maximum height ofiten (10) feet; (b) Maintain the setback requirements for accessory structures; and (c) Not be located within a required open space or private recreation area, or required parking space. 9730.85.4 SATELLITE DISH ANTENNAS. EXCEPTION. A use permit application may be processed for those sites incapable of receiving signals from an antenna to be installed pursuant to these regulations. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area is necessary for the reception of usable satellite signals. NO FURTHER TEXT ON THIS PAGE 3. SECTION 3 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1986. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City I Attorney REVIEW APPROVED: INITIATED AND APPROVED City Adminis ator rectory of Development Services 4.