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HomeMy WebLinkAbout575 - OrdinancesORDINANCE NO. 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE; PART III, SECTION IV.A.5 OF THE INDUSTRIAL AREA SPECIFIC PLAN; AND SECTION 5.4 (PAGE 5-30) OF THE SUBAREA 18 SPECIFIC PLAN, PERTAINING TO THE REGULATION OF RADIO AND TELEVISION ANTENNAS, INCLUDING SATELLITE DISH ANTENNAS. A. RECITALS. 1. The Planning Commission of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing on March 11, 1997, as required by law, and has recommended the adoption of this Ordinance as set forth below. 2. The City Council of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing on April 17, 1997, as required by law, with respect to the adoption of this Ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and ordain as follows: SECTION 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2. The City Council hereby finds and determined that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations. SECTION 3. The modifications to Title 17 and various specific and community plans, as set forth herein are in conformance with the City's General Plan. SECTION 4. Section IV.A..5 of Part III of the Industrial Area Specific Plan is hereby amended by deletion of the words "satellite dish antennas," wherever the same shall appear. Ordinance No. 575 Page 2 SECTION 5. Section 5.4 (Page 5-30) of the Subarea 18 Specific Plan is hereby amended by deletion of the words "satellite dish antennas," wherever the same shall appear. SECTION 6. Section 17.06.02QC.5 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: The construction and/or placement of silos, antennas not regulated by Chapter 17.28, water tanks, roof or ground-mounted equipment visible from public view, or similar structures and equipment as determined by the City Planner; SECTION 7. Section 17.08.060~1.4. of Chapter 17.08 of Title 17 of the Rancho Cucamonga Municipal Code is hereby repealed. SECTION 8. A new Chapter 17.28 is hereby added to Title 17 of the Rancho Cucamonga Municipal Code to read, in words and figures, as follows: Chapter 17.28 REGULATION OF TELEVISION. SATELLITE DISH. AND RADIO ANTENNAS IN ALL. ZONES SECTIONS: '17.28.010 17.28.020 17.28.030 17.28.040 17.28.050 17.28.060 17.28.070 - 17.28.080 - - Purpose. - Definitions. - Antennas less than 20 square feet in surface area. - Antennas 20 square feet or greater in surface area. - Screening required. - Conditions and restrictions applicable to all antenna installations. Antenna permit application. Antenna placement in non-residential zones. 17.28.010 - Purpose. Consistent with applicable federal regulations, including the limited preemption created by the Federal Communications Commission as to local regulation of satellite dish antennas, this Chapter is designed to provide local regulation of television, satellite dish, and radio antennas in order to pro .mo. te. a. nd protect the health, safety, and welfare of the people of the City by m~mmlz~ng significant visual impacts resulting from, and reducing safety hazards associated Ordinance No. 575 Page 3 with, the size, height, and placement of such antennas. The standards set forth herein are designed to balance the City's concern for public safety and aesthetic interests, with each person's right to transmit or receive radio and/or television signals without imposing unreasonable limitations on antennas, or preventing the transmission or reception of radio and/or television signals, or imposing unreasonable costs on applicants seeking to install such antennas. 17.28.020 - Definitions. For' purposes of this Chapter, and except where otherwise indicated, the following terms shall be defined as set forth in this subsection: "Antenna" shall mean any antenna, together with any associated support structure or related equipment, used for purposes of transmitting or receiving radio, television, and/or satellite broadcast signals, and not otherwise subject to the soleregulatory authority of any federal agency or authority. "Antenna" shall not include any antenna used solely for amateur radio or citizen's band radio purposes or equipment for cellular communications, personal communication devices, or similar wireless communication equipment. "Antenna Permit" shall mean an approval of a minor development review application as provided for' in Rancho Cucamonga Municipal Code Section 17.06.020. For purposes of utilizing the minor development review process, the provisions of this Chapter shall prevail where inconsistent with any provision of said Section 17.06.020. "City Planner" shall mean the City Planner of the City of Rancho Cucamonga, or a designee thereof. "Planning Department" or "Department" shall mean the Planning Department for the City of Rancho Cucamonga. "Surface Area" shall mean the sum of that area existing between the outer dimensions of such antenna, as measured in three dimensions. Surface area shall not include surface area of any antenna support structure. 17.28.030 - Antennas less than 20 square feet in surface area. Any antenna less than 20 square feet in area may be mounted in the rear or side yard, or on the roof of any structure if the rear or side yard prove unsatisfactory, subject to all conditions hereinafter provided. Any antenna less than 20 square feet in area may be mounted in the front yard of any residence, subject to conditions hereinafter provided, upon receipt of an antenna permit obtained in accordance with the provisions of Section 17.28070. 17.28.040 - Antennas 20 square feet or greater in surface area. Each antenna, 20 square feet or greater in area, shall be installed in the rear yard, except as hereinafter provided. Ordinance No. 575 Page 4 17.28.050 A. 17.28.060 A. In the event overall quality of reception in the rear yard is not at least equal to that received by cable, or other circumstances preclude such installation, a permit may be obtained, in accordance with the provisions of Section 17.28.070, authorizing the antenna to be located in a side yard, on the roof of a structure, or in the front yard, subject to conditions hereinafter imposed.. - Screening required. Each antenna visible to the public which has a surface area exceeding 20 square feet or greater, or which is permitted by this Chapter to be mounted in the front yard, shall be screened to the satisfaction of the City Planner, unless otherwise screened from public view by existing structures, landscaping, or topographical features. If such antenna is to be mounted directly, or through a supporting structure, to the ground, then such screening shall be accomplished through the use of appropriate plants, trees, or shrubbery or a combination of such plants, trees, shrubbery, and wood lattice or other material compatible with the residence or other' adjacent structures. Plants, trees, or shrubs to be utilized for screening purposes shall have a minimum container volume of 10 gallons at the time of planting. All such screening shall be sufficiently high so as to screen at least 90 percent or more of the antenna from public view. Each antenna with a surface area 20 square feet or greater, which is permitted by this Chapter to be roof mounted, shall be screened with materials compatible with the structure upon which such antenna is mounted and shall be screened to the satisfaction of the City Planner. Such screening shall be sufficiently high so as to screen at least 90 percent of the antenna from public view. This Section 17~28.050 shall not apply to satellite dish antennas, 2 meters or less in diameter in commercial or industrial zones, or 1 meter or less in diameter' in any other zone. - Conditions and restrictions applicable to all antenna installations. The preferred order of placement of any antenna is rear yard first, then side yard, roof, and finally front yard. Notwithstanding the foregoing, the preferred location shall be that location which results in the greatest screening of the antenna from public view by existing landscaping, structural, and/or topographical features. No antenna shall exceed 10 feet in height above the peak roof line of the structure upon which such antenna is mounted or the height of the peak roof line of the closest building or residential structure if such antenna is not to be roof mounted. Ordinance No. 575 Page 5 No antenna shall be installed in any required setback, within 5 feet of any property line, or in any other location which would impede emergency access to any portion of the subject property. D. No satellite dish antenna shall exceed 10 feet, 6 inches in diameter. 17.28.070 Each satellite dish antenna exceeding 5 feet in diameter shall be earth- tone or neutral in color and shall be constructed of a "see-through" mesh or open grid design. Solid surface receive-only satellite dish antennas, such as solid, white fiberglass designs, are prohibited. Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and state codes, laws, and regulations pertaining to the installation of antennas and/or antenna support structures. No more than two. receive-only antennas 20 square feet or greater in surface area, may be installed per residential lot or parcel. - Antenna permit application. Where a permit is required, or application therefore is authorized, under any provision of this Chapter, each person desiring a permit shall apply to the Planning Department and shall submit a non-refundable processing fee in such amount as set by resolution of the City Council and a completed application on a form provided by the Department containing at minimum, the following: 1. Name, address, and telephone number of the applicant; The specific location where the applicant proposes to install the antenna, including a detailed description of the antenna design and any supporting structure proposed to be utilized, including size, weight, and such other information as the Department may require; A statement as to why the proposed antenna may not be satisfactorily installed, or will not satisfactorily function, in a preferred area, as prescribed herein; 4. A description of the screening proposed to be utilized by the applicant, or facts establishing that screening is not required; 5. A sketch or other drawing, satisfactory to the City Planner, showing: (a) Location of physical features on the subject property; (b) Approximate dimensions (plus or minus 1 foot) of the subject lot and physical features thereon; Ordinance No. 575 Page 6 o (c) The specific location where the antenna, and screening if required, are proposed to be installed; (d) Any other physical features in the area of the subject property which applicant feels would adversely affect reception on those areas set forth herein as "preferred;" and (e) The design of the antenna and proposed support structure. If applying for a permit pursuant to subsection C, below, a statement setting forth what the applicant contends are exceptional circumstances justifying a waiver of any of the requirements of this Chapter. All applicants for an antenna permit may be required to show, to the satisfaction of the City Planner, that circumstances preclude installation in a preferred area, or that reception quality in the preferred area or areas is insufficient, as herein prescribed. Any person aggrieved by any provision of this Chapter because of exceptional circumstances may apply for an antenna permit in accordance with the provisions of this Section. The City Planner shall provide the applicant with a written decision approving, denying, or conditionally approving an antenna permit application within 2'~ calendar days following submission of a completed application pursuant to this Chapter. The City Planner's decision shall contain findings in support of the decision. The City Planner's written decision shall be final and shall become effective with 10 days following the date of said decision unless, during such 10-day period, an aggrieved applicant files a written appeal with the City Planner. Upon receipt of a written appeal, the City Planner shall cause the matter to be placed on the Planning Commission's agenda for public hearing and consideration by the Planning Commission. The Planning Commission shall decide the appeal, with written findings, within 60 days of submission. The Planning Commission may sustain, reverse, or modify the City Planner's decision and its decision shall be final unless appealed. Notwithstanding any other provision of this Chapter, no antenna permit shall be required as to any satellite dish 2 meters or less in diameter in any commercial or industrial zone or 1 meter or less in diameter in any other zone; however, such satellite dish antennas 2 meters or less in diameter in commercial or industrial zones shall be subject to the provisions of Section 17.28.060, subsections A, B, C, D, F, and G. Ordinance No. 575 Page 7 17.28.080 - Antenna placement in non-residential zones. Except as otherwise provided in this Chapter, all provisions herein, including, but not limited to, permit and screening requirements, shall be fully applicable to placement of antennas in non-residential zones. The preferred order of placement shall be rear setback areas first, then side setback areas, roof, and finally front setback areas. SECTION 9. Preemption of inconsistent Municipal Code, specific plan, and community plan provisions. The provisions of this Ordinance shall preempt and supersede any and all provisions contained in Title 17 of the Rancho Cucamonga Municipal Code, and in any specific plan or community plan in effect, as amended from time to time, which are inconsistent herewith, provided, however, that the enactment of this Ordinance shall not be deemed to excuse any violation of any provision of the Rancho Cucamonga Municipal Code, including Title 17, or of any provision of any specific plan or community plan, occurring prior to the effective date hereof. SECTION 10. Penalties for violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 11. Civil remedies available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 12. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 13. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Ordinance No. 575 Page 8 ATTEST: PASSED, APPROVED, AND ADOPTED this 7th day of May, 1997. AYES: Alexander, Biane, Curatalo, Gutierrez NOES: None ABSENT: Williams .......................... William J. Al~'nder, Mayor' Debra J. A~r'ms, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of April, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May, 1997. Executed this 8th day of May, 1997, at Rancho Cucamonga, California. Debra J. Adar~, CMC, City Clerk