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HomeMy WebLinkAbout97-14 - Resolutions RESOLUTION NO. 97-14 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 96-01, INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-04, AND SUBAREA 18 SPECIFIC PLAN AMENDMENT 96-01, PERTAINING TO THE REGULATION OF RADIO AND TELEVISION ANTENNAS, INCLUDING SATELLITE DISH ANTENNAS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for the amendments described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code, Industrial Area Specific Plan, and Subarea 18 Specific Plan Amendments are referred to as "the application." 2. On the 9th day of October, and continuing to November 13, and December 11, 1996, and February 12, 1997, the Planning Commission of the City of Rancho Cucamonga continued said hearing. 3. On the 11th day of March 1997, the Planning Commission of the City of Rancho Cucamonga concluded said hearing. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on October 9, 1996, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendments will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. These amendments do not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. These amendments promote the goals and objectives of the Development Code; and PLANNING COMMISSION RESOLUTION NO. 97-14 DCA 96-01, ISPA 96-04, & SUBAREA 18 AMEND. 96-01 - CITY OF R.C. March 11, 1997 Page 2 c. The proposed amendments will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendments are in conformance with the General Plan. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment and, therefore, the proposed amendments are exempt pursuant to State CEQA Guidelines, Section 15061(b)(3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. 96-01, Industrial Area Specific Plan Amendment 96-04, and Subarea 18 Specific Plan Amendment 96-01 as shown in the Ordinance attached hereto as Exhibit "A." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 11TH DAY OF MARCH 1997. PLANNING s + ISSION j ' HE CITY OF RANCHO CUCAMONGA riNN BY: 11AE�1` • David :-rker, Ch. rman hisThlftik ATTEST: AWL ,%mil oleman, ring Secretary I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11th day of March 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY ORDINANCE NO. 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. On the 11th day of March 1997, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing, as required by law, and recommended the adoption of this Ordinance as set forth below. 2. On the _ day of 1997, the City Council of the Rancho Cucamonga conducted and concluded a duly noticed public hearing, as required by law, with respect to the adoption of this Ordinance. 3. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby 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 determines 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: Part III, Section IV.A.5 of the Industrial Area Specific Plan is hereby amended by deletion of the words "satellite dish antennas," wherever the same shall appear. SECTION 4: Section 5.4 (Pages 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 5: Section 17.06.020.C.5. is hereby amended to read, in words and figures, as follows: "5. The construction and/or placement of silos, antennas not regulated by Chapter 17.26, water tanks, roof- or ground-mounted mechanical equipment visible from public view, or similar structures and equipment as determined by the City Planner;" SECTION 6: Section 17.08.060.1.4. of Chapter 17.08 of Title 17 of the Rancho Cucamonga Municipal Code is hereby repealed. CITY COUNCIL ORDINANCE NO. ANTENNA REGULATIONS - CITY OF R.C. , 1997 Page 2 SECTION 7: A new Chapter 17.26 is hereby added to Title 17 of the Rancho Cucamonga Municipal Code to read, in words and figures, as follows: "Chapter 17.26 REGULATION OF TELEVISION. SATELLITE DISH. AND RADIO ANTENNAS IN ALL ZONES. Sections: 17.26.010 Purpose. 17.26.020 Definitions. 17.26.030 Prohibited antenna placement. 17.26.040 Antennas in residential zones. 17.26.050 Antennas in commercial or industrial districts. 17.26.060 Antenna permit application. 17.26.010 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 promote and protect the health, safety, and welfare of the people of the City by minimizing significant visual impacts resulting from, and reducing safety hazards associated with, the size, height, and placement of such antennas. The standards set forth herein are designed to balance the City's concern for the 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. 17.26.020 Definitions. For purposes of this Chapter, and except where otherwise indicated, the following terms shall be defined as set forth in this subsection: A. '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 sole regulatory authority of any federal agency or authority. 'Antenna' shall not include any antenna used solely for amateur radio or citizen's band radio purposes. B. '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. C. 'Screening' shall mean, and be accomplished, if such antenna is to be mounted directly, or through a supporting structure, to the ground through the use of appropriate plants, trees, or shrubbery, or a combination CITY COUNCIL ORDINANCE NO. ANTENNA REGULATIONS - CITY OF R.C. , 1997 Page 3 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 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. D. '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 the surface area of any antenna support structure. 17.26.030 Prohibited antenna placement. No antenna, regardless of size, location, or zone district, may be placed, erected, or maintained in violation of the standards as follows: A. Maximum Height. No antenna shall exceed 10 feet in height above the peak roof line of the building on the lot where the antenna is located. B. Maximum Size. No satellite dish antenna shall exceed 10 feet, 6 inches in diameter. C. Setbacks. 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 property. 17.26.040 Antennas in residential zones. A. Location. 1. Any antenna less than 20 square feet in area may be mounted in the rear yard, side yard, or roof or, subject to approval of a permit as provided herein, in the front yard. 2. Any antenna greater than 20 square feet shall be installed in the rear yard except with the approval of a permit. B. Screening. Every antenna greater than 20 square feet which is visible to the public from any public property, or any antenna of any size which is permitted by this Chapter to be mounted in the front yard, shall be screened to the satisfaction of the City Planner. CITY COUNCIL ORDINANCE NO. ANTENNA REGULATIONS - CITY OF R.C. , 1997 Page 4 C. Permit Required. Any antenna less than 20 square feet proposed to be mounted in the front yard and any antenna greater than 20 square feet in any area other than the rear yard shall require a permit. D. Construction Material. Each satellite dish 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. E. Exemption. Except for the absolute policy set forth in Section 17.26.030, any dish 1 meter in diameter or less shall not be subject to any of the requirements set forth in this Chapter. 17.26.050 Antennas in commercial or industrial districts. A. Location. Any antenna greater than 2 meters in diameter shall be installed in the rear yard except with the approval of a permit. B. Screening. Every antenna greater than 2 meters in diameter which is visible to the public from any public property or any antenna of any size which is mounted in the front yard, shall be screened to the satisfaction of the City Planner. C. Permit Required. Any antenna greater than 2 meters in diameter in any area other than the rear yard shall require a permit. D. Exemption. Except for screening standards and the absolute policy set forth in Section 17.26.030, any dish 2 meters in diameter or less shall not be subject to any of the requirements set forth in this Chapter. 17.26.060 Antenna permit application. A. 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 Division 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 Division containing, at minimum, the following: 1. Name, address, and telephone number of the applicant; 2. 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 Division may require; 3. A description of the screening proposed to be utilized by the applicant or facts establishing that screening is not required; CITY COUNCIL ORDINANCE NO. ANTENNA REGULATIONS - CITY OF R.C. , 1997 Page 5 4. 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; 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 in those areas set forth herein as 'preferred'; and e. The design of the antenna and proposed support structure. 5. 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. B. All applicants for an antenna permit shall 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. For purposes of this Chapter, the preferred order of placement of any antenna is rear yard first, then side yard, roof, and 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. C. Any person aggrieved by any provision of this Chapter due to exceptional circumstances may apply for an antenna permit in accordance with the provisions of this Section. D. The City Planner shall provide the applicant with a written decision approving, denying, or conditionally approving an antenna permit application within 21 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 within ten days following the date of said decision unless, during such ten-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, CITY COUNCIL ORDINANCE NO. ANTENNA REGULATIONS - CITY OF R.C. , 1997 Page 6 with written findings, within 60 days of submission. The Planning Commission may sustain, reverse, or modify the decision of the City Planner." SECTION 8: 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 9: 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 either a fine not exceeding $1,000.00 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 10: 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 11: 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 12. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law.