HomeMy WebLinkAboutAgenda Statement 1985/07/16 Item 21 COUNCIL AGENDA STATEMENT
Item
/(,
Meeting Date 712/85
ITEM TITLE: Public Hearing: PCA-85-3 - Consideration of an ordinance by
the City of Chula Vista amending several sections of the
Zoning Ordinance to regulate satellite dish antennae
ORD. #2117 - AMEND.ZONING ORDINANCE TO REGULATE SATELLITE DISH ANTENNAS
SUBMITTED BY: Director of Planning �� SECOND READING AND ADOPTION
REVIEWED BY: City Manager g (4/5ths Vote: Yes No x )
In December 1984, the City Council commented about the increased number of
satellite dish antennae being erected in residential and commercial areas
within the City. On January 12, 1985, the Council adopted an interim
ordinance providing for a moratorium on the construction or installation of
satellite dish antennae for 90 days. Expiration of the moratorium on April
12, did not leave sufficient time for public hearings before the Planning
Commission and City Council ; therefore, an urgency ordinance was adopted by
the Council on April 9, 1985. At that time, Council directed that the
Ordinance be referred to the industry, Chula Vista Chamber of Commerce and the
Planning Commission for additional review and public hearing consideration.
RECOMMENDATION: That the City Council reaffirm their previous motion action
sanctioning the ordinance. The ordinance is currently in effect thus no new
municipal code amendment is necessary.
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1985, the Planning
Commission voted 4-2 with one member absent that the ordinance in effect be
rescinded by the Council. The Planning Commission majority felt that
philosophically satellite antennae placement is not in need of governmental
regulation. Further, they felt that microwave antennae (dishes) are no better
or worse than television or ham radio antennae in the community.
DISCUSSION:
The Chamber of Commerce has responded that they see no problems with the
regulations. The satellite antennae dealers and industry were sent copies of
the regulations and invited to a workshop meeting held on May 16, 1985.
Additional comments were received as follows: A few dealers s could phoned
indicating, that while they would prefer no regulations, they
E.
with" the proposed Chula Vista ones. An opposition letter from
St Mr. Dale
an
Stone, 152 "L" Street dated May 2, 1985, is attached;
existing residential roof top antennae and would become a legal non-conforming
use following ordinance adoption.
Enclosed is also a May 15, 1985, letter from Lauritz S. Hellend representing
the Society for Private and Commercial Earth Stations (SPACE). The letter
states that there may be topographic°arree,c and where man-made t can be demonstrated could
that
block or limit reception. 9
Page 2, Item -4'11
Meeting Date 71.2185
7- /,G-4
such is the case in a rear yard of a residential area, it would be appropriate
to have the Zoning Administrator consider granting a variance for sideyard,
front, or rooftop installations. The second point in the letter is that the
maximum dish height should be increased from 12 to 15 feet. The City of San
Diego is proposing an amendment to the language of their draft text to go from
12 to 15 feet. On the other hand, the City of Phoenix has had an ordinance in
effect for three years with a 12-foot limit with no apparent problem.
The proposed ordinance amendment is for accessory structures which are exempt
from environmental review. Therefore, this amendment is a Class 3(e)
exemption from environmental review.
The current language proposed for Chula Vista is somewhat similar to that of
the City of San Diego proposal . Both would define satellite antennae as
permitted accessory uses in a residential zone if they are ground mounted and
in the rear portion of the lot. No permit would be required. Both ordinances
require screening and buffering, limit height and preclude placement in a
hillside modifying district. Setbacks are also established. The San Diego
Ordinance would permit the placement of rooftop antennae in a residential zone
subject to screening pursuant to a permit to be granted by the Zoning
Administrator. The Chula Vista regulations would prohibit a rooftop antennae
in a residential district unless a variance were filed and approved. The
Chula Vista standards would also allow one dish per lot and mandate that use
be for private non-commercial purposes in a residential zone. No minimum
diameter is proposed since the height, placement and screening will dictate
and control accordingly.
In commercial districts, the provisions are somewhat different from San
Diego. For rooftop mounted commercial proposals, we are recommending a
building permit and also a conditional use permit process as appropriate
review mechanisms. In addition, the criteria for rooftop mounted dishes
includes a review of the dish color and a restriction in all cases as to the
placement of advertising on the dish face.
In summary, it is felt that the regulations constitute a reasonable set of
guidelines for community protection, safety, and general welfare.
FISCAL IMPACT:
Residential Zoning Districts - None
Commercial Zoning District - $750.00 deposit for Conditional Use Permit Review
and Processing and $25.00-75.00 for Building
Permit Application
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