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HomeMy WebLinkAbout95-21 Amending/Adding Sections to Code Regarding AntennasORDINANCE NO. 95- 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING SECTIONS 13-351, 13-354.1, 13-857, 13-858, 13-859, 13-859.1 AND 13-859.2 AND ADDING SECTIONS 13- 859.3 AND 13-859.4 TO THE COSTA MESA MUNICIPAL CODE REGARDING ANTENNAS. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the' City of Costa Mesa finds and declares as follows: (1) The Federal Communications Commission (FCC) has established regulations preempting State and local regulation that operate to preclude amateur radio and satellite antennas unless the regulations have a reasonable and clearly defined aesthetic, health or safety objective, and do not impose unreasonable limitations on the antennas. (2) The City of Costa Mesa desires to allow amateur radio, satellite and communication antennas in residential, commercial, institutional and industrial areas of the community, subject to appropriate regulation to prevent these antennas from creating a negative impact on neighboring properties. (3) The antenna development standards set forth in Section 2 allow antennas, subject to regulations regarding location and design in order to protect the health, safety and welfare of the community, while allowing antenna operators reasonable use of the antennas. (4) The regulations have been reviewed according to CEQA and have been found to be exempt under Section 15061 (b)(3) of the CEQA Guidelines. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: Section 2. Subsection (b) of Section 13-351 of the Costa Mesa Municipal Code is hereby amended as follows: (b) The zoning administrator is authorized to act on and grant approvals of administrative adjustments, minor conditional use permits and lot line adjustments. Administrative adjustments are defined in Article 22, section 13-309 of this title, and minor conditional use permits are as established in section 13-354 of this title and/or as may be established by resolution of the city council. Lot line adjustments are defined in section 13-497 of this title. Section 3. Subsection (e) of Section 13-351 of the Costa Mesa Municipal Code is hereby repealed and reserved for future use. Section 4. Subsection (b) of Section 13-354.1 of the Costa Mesa Municipal Code is hereby amended to read as follows: (b) Antennas requiring Minor Conditional Use Permits as specified in Section 13-859. Section 5. ARTICLE 1.5 of Chapter XIII of Title 13 of the Costa Mesa Municipal Code is hereby amended to read as follows: ARTICLE 1.5 ANTENNAS Sec. 13-857. Purpose The purpose of this article is to identify the regulations and permit requirements for antennas. Sec. 13-858. Applicability The regulations of this article shall apply to satellite dish, amateur radio and communication antennas. These antennas are permitted as either accessory uses or conditional uses and are subject to the development standards contained in this article. (a) Exemption. Antennas meeting all of the following criteria are exempt from the regulations of this article: (1) The antenna and associated support structure are supported primarily by attachment to a building. (2) The antenna, including associated , support structure, does not weigh more than 80 pounds. (3) The antenna, excluding associated support structure does not exceed 4.4 square feet in effective wind load area. (4) Attachment of the antenna and associated support structure to a building does not require modification or reinforcement of load bearing elements of the building in order to support the antenna and associated support structure at wind speeds up to 70 miles per hour. (5) The environmental radio frequency radiation generated by the antenna does not exceed ANSI/IEEE standards, except as categorically excluded by the Federal Communications Commission. Sec. 13-859. Permit Requirements The following table indicates whether a proposed antenna is a permitted accessory use'or whether a minor conditional use permit is required, pursuant to Section 13-859.3 Minor Conditional Use Permit Requirements. Building permits shall be required prior to installation of any antenna unless the antenna is exempt from this article. Satellite Dish Antenna, Receiving P' P' Satellite Dish Antenna, Transmitting MCZ MCZ Amateur Radio Antenna P' P' Communication Antenna, Receiving P' P' Communication Antenna, Transmitting P' P= Permitted; MC= Minor Conditional Use Permit; • = Prohibited 1. Subject to compliance with the development standards in Section 13-859.1 Development Standards; proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit. 2. Subject to compliance with the development standards in Section 13-859.1 Development Standards. Sec. 13-859.1 Development Standards The following table identifies the development standards for antennas. Proposed antennas not in compliance with the applicable development standards shall require the approval of a minor conditional use permit pursuant to Section 13-859.3 Minor Conditional Use Permit Requirements. Maximum Height (measured from the property's grade to the highest point of the antenna) Residential Zone or Nonresidential Zone Adjacent to a Residential Zone: 15 feet Other Nonresidential Zone: Front Yard Location Permitted Side and Rear Setbacks (setbacks apply to antenna support structure and to arrays and projections attached thereto, unless otherwise noted) Residential Zone: Nonresidential Zone: Roof -mounted Location Maximum Number Residential Zone or Nonresidential Zone adjacent to a Residential Zone: Not to exceed allowable building height No 75 feet Same as above. 30 feet Same as above. Side: Comply with setbacks for accessory structures, with a minimum setback of 5 feet. Rear: Ground -mounted antenna support structures may be located in a required rear yard if located as far forward as possible from the rear property line. Minimum of 5 feet for arrays and projections attached to the antenna support structure. Side and Rear: Comply with setbacks for main structures, with a minimum setback of 5 feet. Exception: Side and/or Rear, when adjacent to a Residential Zone: Minimum of 5 feet from the residential property line. Additionally, the antenna support structure shall be located as far as possible from the residential property line. Shall be located on the portion of the roof farthest from any adjacent street, residential zone (if applicable), bluff, and/or park, whichever location will result in the least visual impact. One One antenna support structure in One antenna support structure. excess of 30 feet. Exception: Legally subdivided residential units in small lot subdivision projects, and units in Planned Unit Development projects with individual lots, shall each be allowed one satellite dish antenna unless otherwise prohibited. Other Nonresidential Zone: I No regulation. One whip antenna in excess of 30 feet. Note: There is no limit on the number of antennas which do not exceed 30 feet in height. No regulation. No regulation. Maximum Diameter Residential Zone or Nonresidential Zone adjacent to a Residential Zone: Any dish -shaped element attached to an antenna: 2 feet 10 feet Exception: Any dish -shaped element in excess of 2 feet in diameter that is attached to an antenna shall require approval of a Minor Conditional Use Permit and comply with the Satellite Dish Antenna Development Standards regarding maximum height (applicable to dish element only) diameter, screening and materials, as applicable. Other Nonresidential Zone: I No regulation. Screening Required Residential Zone or Nonresidential Zone adjacent to a Residential Zone: Screening, either partial or total, may be required by the Planning Division when the antenna is visible from off-site. The screening may consist of a solid, opaque fence, wall, vegetation, landscaping and/or any other material deemed acceptable by the Planning Division. Dish -shaped elements in excess of 2 feet in diameter shall comply with the Satellite Dish Antenna Development Standards regarding maximum height (applicable to dish element only) and materials. Ground -mounted: No regulation. Roof -mounted: Antennas less than 30 feet in height: No regulation. Antennas 30 feet or more in height: Screening may be required in Nonresidential Zones if necessary to lessen visual impacts on the adjacent Residential Zone(s), under the direction of the Planning Division. Ground -mounted: No regulation. Roof -mounted: Screening may be required if necessary to lessen visual impacts, under the direction of the Planning Division. Other Nonresidential Zone: No regulation. I Same as above. Color All antennas visible from off-site shall be finished in a color deemed unobtrusive to the neighborhood in which it is located, under the direction of the Planning Division. Signs No sign of any kind shall be posted or displayed on any antenna. Radiofrequency (RF) Radiation No transmitting antenna or facility, except as categorically excluded by the Federal Communication Commission, shall exceed the radiofrequency (RF) radiation limits established by the ANSI/IEEE for an "uncontrolled environment". It shall be the responsibility of the applicant to provide evidence of compliance with applicable standards. Wiring All electrical and antenna wiring shall be encased in tubing or other devices acceptable to the Planning Division and/or concealed to the maximum extent feasible to minimize visual impact. Materials When the antenna exceeds 6 feet in height Not applicable. above grade, the dish -shaped element shall be of a mesh construction. Other Requirements Ground -mounted antennas shall not reduce the area required for parking, internal circulation or other development standards in this Zoning Code. All antennas shall be permanently mounted, and no antenna may be installed on a portable or movable structure. Sec. 13-859.2 Nonconforming Antennas (a) Satellite dish antennas. Any satellite dish antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal non -conforming, and may be maintained, enlarged, expanded or changed in accordance with the provisions of this article. (b) Amateur radio antennas. (1) Any amateur radio antenna that was in existence as of September 7, 1989, may continue as a nonconforming development and need not comply with the development standards contained in Section 13- 859.1 Development Standards, provided that a record of its size, location, height and any other information deemed necessary by the Development Services Director is on file with the Planning Division. In order to secure any right under this section, the amateur radio antenna owner must have established this record by May 7, 1990. The amateur radio antenna owner is responsible for providing the necessary information to the City for inclusion in the record of nonconforming amateur radio antennas. (2) Replacement of an amateur radio antenna support structure shall be subject to all applicable regulations and issuance of appropriate permits. However, the supported antenna, including the array, may be replaced without issuance of a new building permit, provided the replacement antenna does not exceed the maximum weight, dimensions or wind load area specified in the current building permit or record on file with the Planning Division. (3) Nonconforming amateur radio antennas which have been registered with the City as of May 7, 1990, may be enlarged, expanded or relocated only if the enlargement, expansion or relocation does not result in a greater nonconformity with the development standards specified in this article, or with ANSI/IEEE regulations regarding environmental radiofrequency radiation, except as categorically excluded by the Federal Communications Commission. (4) Nonconforming amateur radio antennas which have not been registered with the City as of May 7, 1990, may be enlarged, expanded, changed in use, increased in power, or relocated provided that the enlargement, expansion, change in use, or increase in power, is in compliance with ANSI/IEEE regulations regarding environmental radiofrequency radiation, except as categorically excluded by the Federal Communications Commission and the antenna complies with applicable provisions of this ordinance. (c) Communication antennas. (1) Any communication antenna in existence as of May 4, 1994 for which valid building permits have been issued, shall be considered legal and may be maintained, enlarged, expanded or changed in accordance with the provisions of subsection (2) . (2) A nonconforming communication antenna with valid building permits may be enlarged, expanded or relocated only if the enlargement, expansion or relocation does not result in a greater nonconformity with the development standards specified in this article, and provided the antenna complies with ANSI/IEEE regulations regarding environmental radiofrequency radiation. A nonconforming communication antenna with valid building permits may be changed in use and/or power, and/or converted to a transmitting antenna provided that ANSI/IEEE regulations regarding environmental radiofrequency radiation are complied with in addition to compliance with applicable requirements of this article, including Table 13-859 ANTENNA REVIEW REQUIREMENTS. Sec.13-859.3 Minor Conditional Use Permit Requirements All requests for installation of antennas not satisfying the criteria identified in Section 13-859.1 Development Standards may be approved by minor conditional use permit consistent with the requirements of this section and Section 13-351 Zoning Administrator. (a) Requirements. An application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in Section 13-351 Zoning Administrator, with the following exceptions: (1) The application fee shall not be applicable for amateur radio antennas. (2) Applications for a minor conditional use permit where the proposed antenna(s) will not conform with applicable development standards shall include statements of the reasons why strict conformance with the development standards specified will: a. Unreasonably limit, or prevent, reception or transmission of signals; b. Result in excessive expense in light of the cost of purchase, installation and operation of the antenna(s). (3) When a proposed FCC -regulated transmitting facility will expose the public or workers to levels that exceed ANSI/IEEE RF radiation standards, the FCC - required Environmental Evaluation must be submitted with the minor conditional use permit application. (b) Findings. In addition to the findings specified in Section 13-347 Findings Necessary to Grant a Conditional Use Permit, the following findings shall be made: (1) Strict conformance with the development standards specified will unreasonably limit, or prevent, reception or transmission of signals, or result in excessive expense in light of the cost of purchase, installation and operation of the antenna. (2) The deviation from applicable development standards represents the minimum adjustment necessary to prevent unreasonable limitations on the reception or transmission of signals. (c) Conditions. In approving a minor conditional use permit, the final review authority may impose reasonable conditions necessary to minimize the impact of the installation or operation of the antenna(s) on the public or other properties or improvements within the immediate vicinity of the antenna(s), consistent with this article. Sec. 13-859.4 Compatibility of Regulations Notwithstanding the regulations contained in this article, the provisions of this code shall comply with the regulations of the Federal Communications Commission, as may be amended, that apply to satellite, amateur radio or communication antennas. A franchisee under the provisions of Title 19 pertaining to cable television franchises shall comply with the regulations in this article. Section 6. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitu- tional or otherwise invalid.by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. Publication. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this d day of 199"V. ATTEST: Deputy C ty Clerk of the City May of the City of Costa Mesa of Costa Mesa APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 95-21 was introduced and considered section by section at a regular meeting of the City Council held on the 18th day of December, 1995, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 2nd day of January, 1996, by the following roll call vote: AYES: Erickson, Buffa, Hornbuckle, Genis, Monahan NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 3rd day of January, 1996. l DeputyICncil lerk and ex -officio Clerk of the Citof the City of Costa Mesa