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HomeMy WebLinkAboutAgenda Statement 1986/06/17 Item 21 COUNCIL AGENDA STATEMENT Item X 21 to//7/Yb Meeting Date 6110/06— ITEM TITLE: Public Hearing: Zoning Text Amendment PGA 86-9; request to amend Chapter 19.70 of Title 19 of the Chula Vista Municipal Ordinance to include regulation of satellite dishes within Montgomery Ordinance:Amending Title 19 of the Municipal Code to include regulation of satellite dishes within Montgomery SECOND R '_ f,:,D ,ADOPTION SUBMITTED BY: Director of Planning REVIEWED BY: City Manager /,- 1 (4/5ths Vote: Yes No X ) On July 15, 1985, the City Council adopted an ordinance regulating satellite antenna dishes within Chula Vista. On January 7, 1986, Council amended the ordinance to revise the abatement program outlined for nonconforming dishes within the City and set the ordinance for first reading. The City Attorney has reviewed the ordinance with respect to an FCC ruling preempting local zoning regulations restricting satellite earth stations, and determined that the ordinance is valid and enforceable, but does not apply to Montgomery. The County zoning ordinance adopted by City Council to govern the Montgomery annexation area has no specific regulations governing placement of satellite dish antennas, other than to allow them as an accessory structure. The Environmental Review Coordinator has determined that the proposed ordinance change is categorically exempt from environmental review under Section 4.3 of the Environmental Review Procedures of the City of Chula Vista. RECOMMENDATION: That Council adopt a motion to approve the proposed amendment to Chapter 19.70 of Title 19 of the Municipal Code included in Exhibit A of this report, which is attached and made a part hereto. BOARDS/COMMISSIONS RECOMMENDATION: The Montgomery Planning Committee, at its meeting of May 7, 1986, voted to recommend approval of the proposed ordinance with one revision to proposed Ordinance Section 19.70.020(B)11 . The revision changes the period of time that a nonconforming dish may be removed before it is considered abandoned from 30 to 60 days. Staff has incorporated this change into the proposed ordinance language as shown in Exhibit A. The Planning Commission at its meeting of May 14, 1986, voted to recommend approval of the proposed ordinance change as reflected in Exhibit A of this report. otineli, JP/ cif al by the City O , ,;3«'1 of by the City Chuncil of Chula Vista, Chula Vista, California /r ! Dated �� " 70 - Dated (0 / Page 2, Item g 21 Meeting Date 6/-1-0,86 6/17/86 DISCUSSION: At a meeting of the Montgomery Planning Committee on April 2, 1986, the Director of Planning reported to the Committee on the status of the City's satellite dish ordinance, in light of a recent FCC ruling preempting local zoning regulations on satellite earth stations, except when such regulations: 1 ) have a reasonable and clearly defined health, safety or aesthetic objective; and, 2) 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 antennas that are excessive in light of the purchase and installation cost of equipment. The Director reported that the City Attorney has determined that the satellite dish ordinance is valid and enforceable under the FCC ruling, but that the ordinance as written does not apply to Montgomery. After considering the satellite dish issue and the present situation in Montgomery regarding nonconforming dishes, the Committee directed staff to initiate a zoning text amendment effective within the Montgomery annexation area. The amendment would be similar to the ordinance governing the rest of -- Chula Vista with the exception that existing dishes will be accepted as nonconforming for a period of ten years from the date of annexation, or until ownership changes. The proposed ordinance shown in Exhibit A contains the same standards for placement of satellite dishes in residential , commercial and industrial zones as the satellite dish ordinance regulating the rest of Chula Vista, but is adapted to conform to the County's zoning ordinance language. For example, roof mounted satellite dishes in commercial and industrial zones may be allowed with approval of a minor use permit granted by the zoning administrator. This provision applies a discretionary permit process roughly equivalent to the conditional use permit process outlined for roof mounted satellite dishes in commercial and industrial zones in the Municipal Code. The primary difference between the proposed ordinance for Montgomery and the ordinance governing the balance of Chula Vista is in the regulations governing abatement of nonconforming dishes. While nonconforming dishes are allowed to continue in the Municipal Code for a period of three years from the date the ordinance was enacted, the proposed ordinance for Montgomery amortizes nonconforming dishes over a period of ten years from the date of annexation. This time frame was recommended by the Montgomery Planning Committee to coincide with agreements made by the City Council prior to annexation that Council will not form assessment districts for street improvements for a period of 10 years after annexation, unless property owners representing at least 2/3 of the area in the proposed district support its formation. The Committee was of the opinion that existing satellite dishes should be amortized using the same period of time, given the substantial investment made by property owners to purchase and install satellite dish equipment. Page 3, Item X21 Meeting Date—J 6/17/86 In reviewing the proposed zoning text amendment, the City Attorney has expressed concerns that the proposed amortization period of 10 years for abatement of dishes in Montgomery will create difficulties in eventually integrating regulations for the Montgomery area with the Chula Vista Municipal Code. The Municipal Code specifies an amortization period of three years. In addition to the abatement schedule, staff is of the opinion that replacement of nonconforming satellite dishes or removal of nonconforming dishes for a period of 60 days or more constitutes abandonment of the nonconforming dish and should be subject thereafter to the satellite dish ordinance. This is reflected in the proposed ordinance in Section 19.70.020 B(11 ) . FISCAL IMPACT: None. WPC 2855P by the City Council of by the City Council of Chula Vista, California Chula Vista, California Dated -6 - /C) % 'G' Dated ,/,‘/2/Y- '