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
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