Loading...
HomeMy WebLinkAbout92-04 CC OrdinanceORDINANCE NO. 92-04 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO ANTENNA RF_~ULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF ANTENNAS SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: 1. Pursuant to Government Code Section 65360, a newly incorporated City shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the City is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan if all of the following requirements are met: a. The City is proceeding in a timely fashion with the preparation of general plan. b. The planning agency finds, in approving projects and taking other actions, each of the following: 1. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use action is ultimately inconsistent with the plan. 3. The proposed use or action complies with all other applicable requirements of state law and local ordinances. 2. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: a. The City is proceeding in a timely fashion with the preparation of the General Plan. Ords 92-04 -1- b. The City Council finds, in adopting land use regulations pursuant to this rifle, each of the following: 1. There is reasonable probability the Ordinance No. 92-04 will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable rime. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 3. The proposed use or action complies with all other applicable requirements of state law and local ordinances. 3. There is the need to control the location and design of antennas, including Amateur Radio antennas, in order to protect the public health, safety, and welfare and to maintain community design objectives. 4. The City of Temecula desires to allow amateur radio antennas in residential, commercial, institutional, and industrial areas of the City, subject to appropriate regulation to prevent these antennas from creating a negative impact on neighboring properties. 5. Pending approval of the General Plan, and associated Land Use Code Regulations concerning antennas, the approval of any further plot plans or other discretionary entitlement for antennas, would result in immediate impacts to the public health, safety or welfare of persons and properties within the City of Temecula. 6. The City of Temecula desires to adopt antenna regulations that provide for the regulation of both FCC licensed Amateur Radio and all other antennas within the City in order to minimize aesthetic blight and to ensure proper location, attachment, and structural integrity hereby protecting the public health, safety, and welfare. Accordingly, the City of Temecula hereby adopts the following: SECTION 2. Purpose. The purpose of this ordinance is to set forth the development standards for the installation and maintenance of antennas within all land use zone of the City. The purpose of these regulations is to ensure that the design and location of antennas are consistent with the health, safety, and aesthetic objectives of the City, while providing the technical requirements of these antennas. Definitions. The purpose of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then consistent with the context, words used in the present tense singular include the plural. Ord~ 92-04 -2- a. "Antenna" means any systems of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including but not limited to solid wire or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmission or reception of data, facsimile, television, voice or other forms of telecommunications, including citizens band (CB) antennas. Any such system is further defined to be external to or attached to the exterior of any building. b. "Antenna height or height of antenna" means the distance from the property's grade to the highest point of the antenna and its associated support structure when fully extended. c. "Antenna support structure" means a mast, pole, tripod or tower utilized for the purpose of supporting an antenna(s) as defined above. d. "FCC licensed Amateur Radio antennas" means an antenna its associated support structure, such as a mast or tower, that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. e. "Commercial transmitting antenna/dish" means antennas used for transmitting television and/or radio and/or cellular telephone communications. f. "Obstruction-free reception window" means the absence of man-made or natural physical barrier that would block the signal between a satellite and an antenna. g. "Non-commercial antenna" means the area within the direct line between a land based antenna and an orbiting satellite. h. "Reception window" means the area within the direct line between a land based antenna and an orbiting satellite. I. "Satellite dish antenna" means any apparatus capable of receiving communications from a transmittee or transmitter relay located in planetary orbit. j. "Vertical Antenna" means an antenna consisting of a single, slender, rod-like element which is supported at or near its base including but not limited to whip antennas. SECTION 3. Regulations and Standards. A. Permitted Accessory Use. The following antennas are permitted as an accessory use in the specified zoning districts and are subject to all applicable regulations and issuance of appropriate permits. 1. Satellite receiving antennas in non-residential zones on sites not Ords 92-04 -3- contiguous to a residential zone. in all zones. 2. Amateur radio and vertical antennas that do not exceed 30 feet in height 3. Amateur radio antennas that are between 30 feet and 65 feet in height and comply with Section 3.D of this Ordinance, Amateur Radio Antenna Development Standards. 4. Common residential skeletal type radio and television antenna used to receive UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations. 5. Satellite Dish antennas in all residential zones. B. ConditionalIv Permitted Use. The following antennas shall not be erected or relocated except upon the granting of a Conditional Use Permit in accordance with Section 18.28 of Ordinance No. 348 hereof. The requirements of Ordinance No. 348 and of this Ordinance first shall be construed in a manner to make them compatible. When there is a conflict between the two, the provisions of this Ordinance shall control and may be allowed subject to Planning Director approval, in the specified zoning districts. 1. Two (2) or more Satellite receiving antennas in nonresidential zones on sites contiguous to a residential zone. 2. All antennas that exceed 65 feet in height, in all zones including but not limited to amateur radio and vertical antennas. C. Development and Operational Standards. 1. Location of Non-Commercial Antennas. Nonw. ommercial antennas may be established in all zoning districts are accessory uses and then shall conform to the regulations contained in this Ordinance. 2. Location of Commercial Transmitting Antennas. Not-withstanding any provision to the contrary in this Ordinance, no commercial transmitting antenna shall be established or expanded except in the M-SC, M-M and M-H zoning district, subject to the approval of a Conditional Use Permit, and then shall conform to the regulations contained in this 3. Design and Performance Standards for Non-Commercial Antennas. a. All ground-mounted antennas shall be required to maintain their supporting structures at least five (5') feet from any side property line; ten (10') feet from any rear yard property line; and fifty (50) feet from any front yard property line on lots greater than an 92-04 -4- -- acre in size. b. No antenna or its supporting structure shall be located in the area between the front property line and the dwelling on any lot less than an acre in size. c. Within residential developments, no anterma shall be higher than thirty (30') feet above grade level, except satellite dish antennas which shall not exceed fifteen (15') feet in height. d. A maximum of two (2) antennas shall be allowed per lot, except as provided for under regulations for FCC licensed Amateur Radio antennas. e. All roof-mounted satellite dish antennas within residential developments are prohibited. f. Within non-residential developments, no antenna shall be higher than the maximum height permitted in the zone, measured from grade level, except as provided for under regulations for FCC licensed Amateur Radio antennas. g. Within non-residential developments, no antenna shall be roof- mounted except on a flat portion of the roof structure with parapets, and/or architecturally matching screening plan. D. Amateur Radio Antenna Development Standards. The following standards shall apply to Amateur Radio Antennas installed within the City of Temecula. 1. Antennas in excess of sixty-five (65) feet in residential zones subject to approval of a Conditional Use Permit by the Planning Commission. 2. Any amateur radio antenna shall be required to maintain its supporting structures at least five (5') feet from any side property line; ten (10') feet from any rear yard property line; and fifty (50) feet from any front yard property line on lots greater than an acre in size. 3. Replacement of an amateur radio antenna support structure shall be subject to all applicable regulations and issuance of appropriate permits. However, the supported antenna, including the array, may be replaced without issuance of a new building permit, provided the replacement antenna does not exceed the maximum weight, dimensions or wind load area specified in the current building permit. 4. The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials user in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Ords 92-04 -5- E. Antenna Operational Criteria and Performance Standards. The following regulations shall apply to the establishment, installation and operation of all antennas in all zones: 1. Antennas requirements of the Building Code. installation. shall be installed and maintained in compliance with the Antenna installers shall obtain a building permit prior to 2. No advertising material shall be allowed on any antenna. 3. All electrical wiring associated with any antenna shall be buried underground or hidden in a manner acceptable to the Building Official. 4. Every antenna must be adequately grounded, for protection against a direct strike of lighting, with an adequate grounding method approved by the City of Temecula Building Official. 5. Installation must meet wind velocity criteria as set forth in the Uniform Building Code when deemed necessary by the City of Temecula Building Official. F. Design and Performance Standards For Commercial Transmitting Antenna~. 1. All ground-mounted antennas shall be required to maintain their supporting s~cmres at least ten (10') feet from any property line and ten (10) feet from any other structure. 2. The base of all ground-mounted antennas shall be screened by walls, fences or landscaping at least six (6') feet in height obscuring visibility of the base of the antenna. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which obscures the visibility of the base of the antenna. 3. All antennas and their supporting structures shall be located in the rear yard or side yard, except a street side yard. 4. No antenna shall be higher than the maximum height permitted in the zone, measured from grade level. 5. A maximum of one (1) antenna shall be allowed per lot. of Interstate 15. 6. No antenna or its supporting structure shall be located within 1,500 feet 7. No antenna or its supporting structure shall be located within 1,000 feet of any other such antenna. Orda 92-04 -6- G. Variances. Pursuant to the procedures of Section 18.27 of Ordinance No. 348, any person may seek a variance from the provisions of this Ordinance. No fee shall be charged to an applicant for a variance that is required solely for the purposes of complying with the Ordinance. Any variance so granted is revocable for failure by the applicant or property owner to comply with the conditions imposed. A variance shall be issued for an antenna if it meets the following standards: 1. Locating the antenna in conformance with the specification of this Ordinance would obstruct of othenvise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or, the cost of meeting the specifications of this Ordinance is excessive, given the cost of the proposed antenna. 2. The variance application includes a certification that the proposed installation is in conformance with applicable City Building Code regulations. Further-more, the application must contain written documentation of such conformance, including load distributions within the building's support structure and certified by a registered engineer. 3. If it is proposed that the antenna will be located on the roof, where possible, the antenna shall be located on the rear portion of the roof and be consistent with neighboring improvements, uses and architectural character. Non-Conforming Antennas. All antennas, in any zone, lawfully constructed and erected prior to the effective date of this Ordinance, which do not conform to the requirements of the provisions of this Ordinance, for the particul_a_r zone in which they are located, shall be considered Non-Conforming Structures as defined and regulated in Ordinance 348 Section 18.8. SECTION 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decisions shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. Environmental Compliance. The City Council hereby finds that this project does not have a potential for causing a significant effect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061(1>)(3). SECTION 6. g. mergency 1tasis. This Ordinance is adopted pursuant to Government Code Section 65858 and is hereby declared an urgency measure and shall take effect immediately. SECTION 7. This City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. Ords 92-04 -7- PASSED, APPROVED AND ADOPTED, this 10th day of March, 1992. ATTEST: Patricia H. Birdsall, Mayor Ju~reek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 92-04 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of March, 1992, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ordl 92-04 -8-