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ORD 226 ORDINANCE NO. 226 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 16 . 04 , CHAPTER 17 .40, AND CHAPTER 17 .41 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 24 . WHEREAS, the City Council has initiated Code Amendment No. 24, Satellite Dish Antenna on June 16, 1987 in response to the Federal Communication Commission ruling which requires Cities to ensure that their regulatory requirements for satellite 'dish antenna' s are reasonable in light of the purchase and installation cost of the equipment and to allow reasonable reception of satellite delivered signals by receive-only satellite dish antennas in a manner that is consistent with the General -Plan. WHEREAS, the Planning Commission, pursuant to public workshops held on' July 23, 'and November 10, 1987 and public hearings-held on this' matter on January 12 , January 26, and February 23, 1988, adopted P.C. Resolution No. 88-9 recommending approval-of the proposed code revisions to the City Council. - a WHEREAS, the City Council held a duly noticed public hearing on March 15, 1988 at which time all interested parties were given an opportunity to be heard and present evidence. • WHEREAS, in reviewing the impacts of satellite dish antennas the Planning Commission and the City Council have determined that satellite dish antennas create different and more extensive visual impacts than other antennas because of their bulky mechanical character, diameter and surface area, opaqueness, mobility, and ground level installation. r p NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS 'VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council and Planning Commission find that these Code revisions are necessary to clarify and amend the language of the Development Code to provide consistency with Federal rules and regulations, and to ensure that Satellite Dish Antenna' s are installed securely and in locations that- do not impair the health, safety, and, welfare of the community. - Section 2 : The City Council and the Planning Commission find that the more extensive visual impact of Satellite Dish Anteftna' S necessitates the adoption of special regulations to address this impact. - * Section 3 : The City Council and the Planning Commission find that the Code reyisiolarq,;cp4Ostent with the intent of the General Plan as they minimize visual impacts; conseFyqt,Tr9ct, (4p4iqnh4nce - hc1nat4r41tpip,pq4rcEpp, beauty, and ;opellisp#ce of thecomm4nity , for theaNnefl.t 444 enjoyment of (itts , q0cpsptr0 ; hpesi44tp ,qt ,t4pientireregion; and preserve and protect the unique semi-rural character of the community and overall aesthetic and visual quality of the City. 4 ; Th CityConcilhs rP„Yewed 4nd -consider0 the Initial ,StTly for Envirgrgienal 4ssssment No 539 a44. t : 11/ determined ihatthis,,code revision wirli ,not create any significant adverse environmental impacts therefore, a , Negative Declar4iontisliereby issued. , Section 5 :' Section 16 .04. 275 of Chapter 16 ,04 of Title 16 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 16.04. 275 Commercial Antenna. "Commercial Antenna" means all satellite dish antennas, relay towers, and towers and antennas for the transmission or reception of radio, television and communication signals except those designed solely to receive such signals,' and transmission towers used in connection with "ham radio" operations by the occupant of the property where the tower is located "Commercial antenna" shall also not include antennas owned or operated by governmental agencies . Section 6: Section 16 . 04 . 405 of Chapter 16 . 04 of the Rancho Palos Verdes Code is repealed. - Section 7 : Chapter 16 .04 of Title 16 or the Rancho Palos Verdes Municipal Code is amended by adding Section 16 . 04 . 1032 to read as follows: 16 .04 . 1032 Satellite dish antenna. "Satellite dish antenna" means a parabolic reflector or similar antenna with a parabolic surface, regardless of mounting method,- designed solely to receive satellite delivered signals . Section 8: Section 17 .40.050 subsections (A) , (B) ( 1-2) , and (C) of Chapter 17 .40 of 'the Rancho Palos Verdes Municipal Code' is amended to read as follows : 17.40. 050 Building height. No building or structure shall exceed the maximum building height listed in the district development standards, except as follows : A. Satellite dish antennas and associated screening pursuant to Section 17 .41 .200. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain Ordinance No. 226 ' Page 2 the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, silos, water tanks or similar structures, when approved by the commission, and chimneys when approved by the director pursuant to the requirements of the building laws, may be erected above the height limits prescribed in this section; provided, , that- the same may be safely erected and maintained at such height- and that views from and values of adjacent property will not be significantly adversely affected. No penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. B. Antenna Structure Regulations, (excluding satellite dish antennas) 1 . Number of antenna structures are limited to two. 2 . Only one master television antenna of each variety (mast. antenna, or others) shall be allowed in all multiple- family developments (two or more units) and residential planned developments with ,a conditional use permit. . . C. Building Height. Unless determined to be a part of the main building, decks, playhouses, detached garages, pools, or bathhouses, ' dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, or any structures or buildings which are incidental to the use- of the main building are considered accessory structures and have a maximum height limitation of twelve feet measured from existing grade adjacent -to the foundation:wall to the ridge. Upon a finding by the director of planning that a detached garage will have no significant view: impact, it can be exempted from this height limitation. Section 9 : Section: 17 .40.050(B) (8) (C) - of Chapter 17 .40 or Title 17: of- thes Rancho_ PalosVerdes . Municipal Code is repealed. Section- 10: _ Section_ 17,40.060 of. Chapter 17 . 40 of Title 17 of the Rancho Palos: Verdes: Municipal Code is amended to read as follows: - * 3 . . _ 17 .40.060 Extreme slope. No construction is allowed on any extreme slope except as provided. for. in, Chapter. 17 . 57 and 17 .41- (for satellite dish antennas) . . Section 11 : The introduction index section of Chapter 17 .41 of the Rancho Palos Verdes: Municipal Code is amended to add thereto: . Ordinance No. 226 Page 3 17 .41 . 140 - Permit Required , 17 .41. 150 Application 17 . 41 . 160 Multiple Family and Residential Planned Development 17 .41. 170 . Staff Review 17 .41 . 180 Planning Commission Review 17 .41 . 190 City Council Review 17 .41 . 200 Planning Commission/City Council Review Criteria 17 .41 . 210 Amortization Section 12: Section 17 .41 . 010 and 17 .41 .020 of Chapter 17 .41 of Title 17 of the Rancho Palos Verdes Municipal Code are amended to read: 17 .41 . 010 Purpose. The purpose of this chapter is as follows: A. Commercial Antennas 1. To minimize visual impacts of towers through careful design, siting and vegetation screening. 2 . To avoid damage to adjacent properties from tower failure through engineering and careful siting of tower structures. 3 . To maximize use of an existing transmission or relay tower to minimize the need to construct new towers . B. Satellite Dish Antennas 1. To recognize that satellite dish antennas create different and more extensive visual impacts than other antennas because of their bulky mechanical character, greater diameter and surface area, opaqueness, mobility, and eye- level installation. 2 . To provide standards that address the different and more extensive visual impacts created by satellite dish antennas in order to; a. conserve and preserve the unique physical relationships which are emphasized by views created by hillside topography coastal development patterns, and development regulations that encourage view preservation. b. preserve and protect the unique semi-rural and open character of the community and overall aesthetic and visual quality of the City. c. conserve, protect, and enhance natural resources, beauty, and open space of the community for the benefit and enjoyment of its residents and the residents of the entire region. d. preserve and protect identified significant Ordinance No. 226 Page 4 visual aspects from future visual disruption and/or degradation as expressed by the goals, objectives, and policies of the General Plan. 3 . To ensure that satellite dish antennas are installed securely and. in locations that do not impair the health, ,safety_ and. welfare of the community. _ • 4 . To ensure that the City regulatory requirements are consistent with federal regulations and allow reasonable reception of satellite delivered signals by receive-only antennas in a manner .that is consistent with the General Plan. _ .• _ _ 17 .41 .020 Applicability. Sections 17 .41 .030, 17 .41 . 040, 17 .41 .050, 17 .41. 060, 17 .41 .070, 17 .41 .080, 17 . 41 .090, 17 ,41 . 100, 17 .41 . 110, 17 . 41 . 120, 17 .41 . 130 shall apply only to commercial antennas Section 13: Chapter 17 .41 of Title 17 of the Rancho Palos Verdes Municipal_ Code is amended by adding sections 17.41 . 140 through 17.41 . 210 to read: 17 .41 . 140 Permit ..Requir.ed. Approval from the director of environmental services is required prior_ to the_placement or installation of any satellite dish antenna. 17 .41150 Application. Application for approval shall be made upon Site Plan Review forms provided. by the City and shall be accompanied by materials, including the following : Two copies . of a scaled site plan showing the location of the satellite dish antenna and its relation to property lines, topography, and all structures on the property, . and_ two copies of an elevation drawing showing the proposed height, size, color, and material of the satellite dish antenna ( if a building permit is required pursuant to section 301 the building code, three copies of the above plans are necessary) . B. •• _ A„, fee,. as , established by resolution of the city council. • _ , 17 .41 . 160 Multiple Family and Residential Planned Develop- ments . • Only one master satellite dish antenna shall be Ordinance No. -226 Page 5 allowed in all multiple family developments (two or more units) and residential planned developments with a Conditional Use Permit. 17.41 . 170 Staff Review. The director shall approve or conditionally approve any application for the placement or installation of a satellite dish antenna, if the director finds as follows: A. The satellite dish antenna placement is consistent with the intent and purpose of this chapter. B. The satellite dish antenna is not greater than twelve (12) feet in diameter and is not greater than sixteen (16) feet in overall height as measured from the lowest point where the antenna foundation meets grade to the highest point of the antenna. C. The satellite dish antenna is placed in a location that is substantially screened from view from any point on an adjacent public or private street or sidewalk. The method of screening may include landscaping, fences, and/or walls as permitted by Chapter 17 .42 (Walls/Fences) . D. The satellite dish antenna is constructed using standard colors and in a manner that blends with its surroundings. E. The satellite dish antenna is not installed on an extreme slope. F. The satellite dish antenna is not located within any required setback. G. Only one satellite dish antenna is permitted per lot. H. The satellite dish antenna is not used as a sign for any commercial establishment. 1. Where practical all wires from satellite dish antennas shall be underground. 17 .41. 180 Planning Commission Review In the event that the director is not able to approve an application pursuant to Section 17 .41 . 170 or the applicant is in disagreement with conditions of approval established by the director, the applicant may request that the planning commission review the application. Such request shall be made pursuant to the following procedure: A. A letter explaining the basis for the review, and the review fee as established by resolution of the city Ordinance No. 226 Page 6 council, must be submitted to the director of environmental services by 5 :00 p.m. of the fifteenth calendar day following the date of decision. B. The letter explaining the basis for review must be accompanied by a typed mailing list of all property owners adjacent to the subject property (using for this purpose the II/ last known name and address of such owners as are shown on the last equalized tax roll of the county assessor) and a vicinity map identifying all properties included on the mailing list. C. Submission of other materials, including, but not limited to, a report from a qualified technician describing signal reception capabilities of the proposed satellite dish antenna from alternative locations on the subject property, and additional copies of plans as may be required by the Director. D. The planning commission shall hold a hearing pursuant to any request for review. E. Notice of the planning commission decision shall be mailed to any interested party that has submitted a written request for such notice to the department of environmental services . 17 .41 . 190 City Council Review. The decision of the planning commission may be referred to the city council for review by the applicant or any interested party pursuant to the requirements of Section 17 .41. 180. 17 . 41. 200 Planning Commission/City Council Review Criteria. The planning commission or city council shall review an application, and shall approve or conditionally approve the application notwithstanding the requirements of Section 17 .41 . 170 if the applicant demonstrates to the satisfaction of the planning commission or city council that A. Practical difficulties exist which prevent placement or installation of the satellite dish antenna in a manner that is consistent with the requirements of Section 17 .41 . 170 and which provides for reasonable signal reception. Practical difficulties include, but are not limited to, the cost to the applicant of compliance with the requirements of this Chapter if such cost is determined to be excessive in relation to the total purchase and installation cost of the satellite dish antenna. Ordinance No. ,226 Page 7 B. The proposed satellite dish antenna, if it exceeds a height of (16) sixteen feet from grade is necessary because: 1 . No reasonable alternative location is available that would provide reasonable signal reception on the subject property at a height of (16) sixteen feet or less . 2 . The satellite dish antenna satisfies the requirements of Section 17 .02 .040 (B) (1 ) (b -f) (Height 11/ Variation findings) and is substantially screened from view from any adjacent property, including any adjacent public or private street or sidewalk, provided that such screening does not preclude reasonable reception. 3 . The overall height of the satellite dish antenna is not more than sixteen ( 16) feet above the maximum ridge line of the roof of the primary structure on the property. C. The proposed satellite dish antenna, if located on an extreme slope, is necessary because: 1 . No reasonable alternative location is available that would provide reasonable signal reception on the subject property. 2. The satellite dish antenna satisfies the requirements of Section 17 .57 .060 (A -E) (Extreme Slope) and is substantially screened from view from any adjacent property, including any adjacent public or private street or sidewalk, provided that such screening does not preclude reasonable reception. D. The proposed satellite dish antenna would not be located within any required front, or street-side setback, but may be located in a rear or side yard setback if no reasonable alternative location is available that would provide reasonable signal reception on the subject property. If placement in the rear or side yard is approved, a minimum setback of three (3) feet from the adjacent property line is required. In addition, the satellite dish antenna must be substantially screened from view from any adjacent public or private street or sidewalk. E. In approving placement of a satellite dish antenna the planning commission and/or the city council, may make the approval subject to reasonable conditions of approval that are necessary to make the approval consistent with the intent of this chapter. Any conditions or decision imposed shall not be applied in such a manner as to preclude reasonable signal reception or to impose costs on the applicant that are excessive in light of the purchase and installation cost of the satellite dish antenna. Ordinance No. 226 Page 8 17 .41 . 210 AMORTIZATION. A. All satellite dish antennas shall conform to the requirements of this chapter. B. Satellite dish antennas for which prior approval was granted by the City or other agency with jurisdiction II/ over permit issuance shall conform to the provisions of this chapter within 5 years from the date written notice is mailed to the property owner. C. Satellite dish antennas that have been installed without prior approval of the director of environmental services shall be brought into conformance with the requirements of this chapter within 90 days of the date written notice is mailed to the property owner. Penalty fees are hereby waived for all applications submitted within this period. PASSED, APPROVED, and ADOPTED April 5, 1988 . / M ATTEST: Air 441. 1 CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance No. 226, passed first reading on March 15, 1988, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on April 5, 1988, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: Bacharach, McTaggart, Hinchliffe, Hughes, and IITY CLERK Ordinance No. 226 Page 9 ORDINANCE/RESOLUTION NO. ORD. 226 FILE' } SUBJECT: AMENDING CHAPTER 16. 04, CHAPTER 17. 40, AND CHAPTER 17. 41 OF THE DEVELOPMENT CODE AS CODE AMENDMENT NO. 24. INTRODUCED: 3/15/88 ADOPTED: 4/5/88 POSTED/PUBLISHED 4/13/88 ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION: _City Attorney PUBLIC WORKS DEPARTMENT Richards, Watson, Dreyfuss & Gershon 333 South Hope St. , 38th Floor ENVIRONMENTAL SERVICES Los Angeles, CA 90071 _.LEISURE SERVICES BOOK PUBLISHING COMPANY 4111;;7 201 Westlake Avenue N. °/ 1 C0 NUNITY SERVICES DEPT. Seattle, WA 98109 _CITY MANAGER PACIFIC TELEPHONE 19310 Gateway Drive, Rm 208 _STATION COMMANDER Torrance, CA 90502 26123 Narbonne Ave. Lomita, CA 90717 SOUTHERN CALIF. WATER SERVICE 5837 CREST RD. WEST COUNTY ASSESSOR RANCHO PALOS VERDES, CA 90274 500 Hall of Administration Los Angeles, CA 90012 • RE G I S TAR 5557 -Ferguson Drive _ LEAGUE OF CALIFORNIA CITIES Los Angeles, CA 90022 702 Hilton Center ATTN: Margaret Miller Los Angeles, CA 90017 Election Administration .- L.A. COUNTY DEPT. of PUBLIC WORKS /Public RECORDER ATTN: City Services Roads Y 227 N. Broadway 1540 Alcazar Street Los Angeles, CA 90012 Los Angeles, CA 90033 SCHOOL SPCA 5026 West Jefferson Blvd. HOMEOWNERS ASSOCIATION Los Angeles, CA 90016 _APPLICANT _SO. CALIFORNIA GAS COMPANY 22741 Hawthorne Blvd. T.M. CABLEVISION Torrance, CA 90501 31244 P.V. Drive West, Suite 207 Rancho Palos Verdes, CA 90274 SO. CALIFORNIA EDISON CO. �� P. 0. Box 2944 SEND itute ALL ORDINANCES of Governm T ental O: Studies 7/ I Torrance, CA 90509 nst Library POSTED AT THE FOLLOWING LOCATIONS 41/f3/ 109 Moses Hall 1. City hall University of California 2. U.S. Post Office 28649 Western Ave. Berkeley, CA 94720 3. L.A. County Fire Station 4000 Miraleste plaza 4. Hesse Park' 5. Ladera Linda Park 6. Rancho Palos Verdes Park