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PC RES 1988-009 P.C. RESOLUTION NO. 88 - 9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO . 539 AND RECOMMENDING ADOPTION OF DEVELOPMENT CODE AMENDMENT NO. 24 . WHEREAS , the City has initiated Code Amendment No . 24 , Satellite Dish Antenna , June 16 , 1987 in response to the Federal Communication Commission ruling which requires Cities to ensure that their regulatory requirements 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 antennas in a manner that is consistent with the General Plan. WHEREAS , the Planning Commission has held public workshops on July 23 , and November 10 , 1987 and public hearings on this matter on January 12 , January 26 , and February 23 , 1988, at which time all interested parties were given an opportunity to be heard and present evidence . WHEREAS, the Planning Commission has 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 so to warrant different regulations for satellite dish antennas . WHEREAS, the Planning . Commission has considered the contents of the Initial Study for Environmental Assessment No . 539 prior to recommending that Negative Declaration be issued . WHEREAS , the Code revision is necessary to ensure that satellite dish antennas are installed securely and in locations that do not impair the health , safety and welfare of the community. NOW, THEREFORE , THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RECOMMEND TO THE CITY COUNCIL AS FOLLOWS : Section 1 : That the Code revisions are necessary to clarify and amend the language of the Development Code to provide consistency with Federal rules and regulations . Section 2 : That draft Negative Declaration for Environmental Assessment No . 539 should be issued . Section 3 : That the Code revisions are consistent with the intent of the General Plan as they minimize visual impacts ; conserve , protect , and enhance the natural resources , beauty, and open space of the community for the benefit and enjoyment of its residents and the residents of the entire region; and preserve and protect the unique semi- rural character of the community and overall aesthetic and visual quality of the City. Section 4 : For the foregoing reasons , the Planning Commission of the City of Rancho Palos Verdes hereby recommends approval of the Draft Negative Declaration and Development Code Amendment No. 24 pursuant to Exhibit "A" attached . PASSED, APPROVED , AND ADOPTED this 23rd day of February, 1988 . (;(/° eo J. Connolly, Chairmen ob rt Benar , Director f Environmental Services and Secretary to the Commission P.C. Resolution No . 88 - 9 Page 2 EXHIBIT "A" CODE AMENDMENT NO. 24 ** Section 17 . 40 .050 of Chapter 17 . 40 of the Rancho Palos Verdes Municipal Code is amended to read as follows : 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 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 (not more than one) . 2 . Only one master television antenna of each variety (mast antenna , -parabal -Si-s - a.n4e-na 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 , -sa.c4h-- s-t--t-i-e &- or and 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. ** P .C. Resolution No . 88 - 9 Section 17 .4O .O5O(B)(8) (C) of the Rancho Palos Verdes Municipal Code is repealed. ** Section 17 .4O.O6O(C) of the Rancho Palos Verdes Municipal Code is amended to read as follows : 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) . *** The title of Chapter 17 .41 of the Rancho Palos Verdes Municipal Code is amended to read as follows : Chapter 17 .41 COMMERCIAL ANTENNAS AND SATELLITE DISH ANTENNAS . Chapter 17 .41 introduction index section of the Rancho Palos Verdes Municipal Code is amended to add : 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 17 .41 . 010 of the Rancho Palos Verdes Municipal Code is amended to read as follows : 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 Antenna create different and more extensive visual impacts than other antennas because of their bulky mechanical character, greater P.C. Resolution No . 88 - 9 Page 4 diameter and surface area, opaqueness, nobility, 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 and 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 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. Section 17 . 41 .020 of the Rancho Palos Verdes Municipal Code is amended to read as follows : * *** 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 17 . 41 .040 of the Rancho Palos Verdes Municipal Code is amended to read as follows : * P .C. Resolution No . 88 - 9 Page 5 17 . 41 . 140 Permit Required . Approval from the Director of Environmental Services is required prior to the placement or installation of any satellite dish antenna. 17 .41 . 150 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 : A. 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 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 P. C. Resolution No . 88 - 9 Page 6 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. * 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 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 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. P .C. Resolution No. 88 - 9 Page 7 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 CommissionICity 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. B. The proposed satellite dish antenna, if it exceeds a height of 16 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 feet or less. 2. The satellite dish antenna satisfies the requirements of Section 17.02.040 (B)(1)(b -f) (Height 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 P.C. Resolution No. 88 - 9 Page 8 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. 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 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. Chapter 16.04 of the Rancho Palos Verdes Municipal Code is P . C. Resolution No. 88 - 9 Page 9 amended by adding Section 16.04. 1032 to read as follows: Section 16 . 04 .405 of Chapter 16 .04 of the Rancho Palos Verdes Code is repealed. 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 16 . 04 .275 of Chapter 16 .04 of the Rancho Palos Verdes Code is amended to read as follows : 16 . 04 .275 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 . P .C. Resolution No. 88 - 9 Page 10