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HomeMy WebLinkAboutCC Ord 1186 1985-06-10 ORDINANCE NUMBER //~~ AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 28-2350 TO CHAPTER 28, ARTICLE 23 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS, YARDS, HEIGHT, AREA. OPEN SPACE AND BULK OF THE SEAL BEACH MUNICIPAL CODE, ESTABLISHING STANDARDS, CRITERIA AND REGULATIONS REGARDING SATELLITE DISH ANTENNAE. The City Council of the City of Seal Beach does hereby ordain as follows: Section 1. That Section 28-2350 is hereby added to Article 23 of Chapter 28 of the Code of the City of Seal Beach, California is to read as follows: I Section 28-2350 Satellite Oish Antennae (A) Definition: The term Satellite Dish Antennae shall mean any dish-shaped antennae designed to receive satellite signals for the purpose of television or radio reception or any other similar type of communication. (B) Purpose: The purpose of this section is as follows: 1) To minimize the potential for: visual impacts. obstruction of vistas, reduction of open spaces. visual pollution, and adverse impacts on community amenities; through careful design, siting and screening of satellite dish antennae. 2) To avoid damage to adjacent properties from satellite dish antennae failure through structural engineering and careful siting of satellite dish antennae. (C) Approval and Permits Required It shall be unlawful to install permanently, establish or operate a satellite dish antennae wlthin the City of Seal Beach without first obtaining the fo11ow,ng: I 1) Approval to install a satellite dish antennae by the Department of Development Services pursuant to the City's zoning and land use regulations of the zoning ordinance. 2) A Building permit. (D) Permitted Use A satellite dish antennae may be placed on private property, in each and every zone in accordance with the required criteria and performance standards as follows: 1) Residential Zones A. Satellite dish antennae may be installed at ground leve~ within the following Planning Districts: District II - that area commonly known as "Co 11 ege Park West". Districts V & VII I If installation of the satellite dish antennae at ground level, pursuant to this section, specifically precludes an unnh~trur.ted 1ine-of- sight to the south at a 370 - 470 skyward tilt angle required for good reception of the satellite signal footprint. such satellite dish antennae may be roof mounted subject to the requirements of this section, if approved by the Planning Commission pursuant to consent calendar plan review. Ordinance Number ~;I~~ B. Satellite dish antennae may be installed at roof or ground level with the following Planning Districts: District I, III, VI District II - all residential areas except that area known as "College Park West". I 2) Office, Commercial, and Manufacturing Zones Satellite dish antennae may be installed at ground level, or at roof level 'if located 0,1 a flat portion of the roof structure. and shall be screened by use of parapets. andlor other architecturally matching screening features. (E) Performance Standards and Criteria The following regulations shall apply to the establishment, in~ta1lation and operation of all satellite dish antennae: 1) All satellite dish antennae shall be completely screened from view from streets and abutting properties by use of fences, walls. parapets, hedges, or other architectural or landscape elements, to the satisfaction of the Department of Development Services. 2) All satellite dish antennae installers shall obtain a bu,lding permit prior to installation. I 3) No advertising material shall be allowed on the satellite dish antennae. 4) All electrical wiring associated with the satellite dish antennae shall be buried underground or hidden in a manner acceptable to the Department of Development Services. 5) A wind velocity test shall be required. if deemed necessary by the Department of Development Services. 6) Height Limitations: A. Residential Zones Satellite dish antennae shall not exceed 10 feet in height as measured from ground level to the highest point of the satellite dish antennae when placed at a maximum tilt angle of 470, and shall not exceed the maximum building height limit permitted in the zone if roof mounted. I B. Non-Residential Zones Satellite dish antennae shall not exceed 15 feet in height as' measured from ground level to the highest point of the satellite dish antennae when placed at a maximum tilt angle of 470. unless approved by a Conditional Use Permit, and shall not exceed 15 feet in height and shall not exceed the maximum height limit permitted in the zone if roof mounted. 7) Antennae Color Compatabi1ity: All satellite dish antennae shall be compatible in color with their surroundings, and not include signage whether manufacturer's name or other advertising. Antennae shall be painted to match surrounding background if only partially obscured or to match dominant building color if roof mounted. Ordinance Number ,11~~ 8) Satellite dish antennae shall be installed and maintained in compliance with the requirements of the Uniform Building Code. 9) All satellite receiving antennae shall be supported on a stable supporting base approved by the Depart- ment of Development Services. 10) Satellite Dish Antennae Setbacks: A. Ground-level or Ground-mounted Antennae within Residential Zones - No antennae or its supporting structure shall be located within three (3) feet of any structure, or within three (3) feet of any rear or side property line. In addition, no dish antennae or its supporting structure shall be located in the area between the front property line and the dwelling. I B. Ground-level or Ground-mounted Antennae within Non-residential Zones - No antennae or its supporting or screening structure shall project into any required yard. C. Roof-level or Roof-mounted - No antennae or its supporting or screening structure shall project into any required yard. 11) Any such antennae which is higher when placed in use than adjacent property line fences must be located away from the side or rear property line at a distance equal to or greater than the height which the antennae is above the adjacent fence. 12) Satellite dish antennas with diameters measuring less than one (1) meter in width may be installed in a manner consistent with typical television antennas. I (F) Amortization Period Satellite dish antennae which do not conform to this ordinance but which lawfully existed and were maintained on the effective date of this ordinance shall, within two years. be removed or placed into conformance with this section. During the interim period. said nonconforming satellite dish antennae shall be maintained in good repair and visual appearance and no structural alteration be made there to, unless to preserve the safety of said antennae. (G) Enforcement A. Every satellite dish antennae shall be maintained in good condition and in accordance with all requirements of this section. B. No additions, changes, or monifications shall be made to an antennae, unless such anaddition, change or modifica- tion is in conformity with the Building Code and this article. C. Failure to abide by and faithfully comply with this section or with any and all conditions that may be imposed shall constitute grounds for the revocation of the approval by the Department of Development Services. The remedies provided for herein shall be cumulative with all other remedies provided in this code, and not exclusive. I Section 2. If any section, subsection, sentence. clause. phrase, n.rt ~~ po~tion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction. such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it wouldhave adopted this Ordinance and section, subsection, sentence. clause, phrase, part or portion thereon irrespective of the fact that anyone or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. Ordinance Number ,1,1A(&; Section 3. The City Clerk shall certify to the passage of this Ordinance and cause the same to be Dub1ished as required by law and same shall take effect as provloed by law. PASSED, APPROVED AND A Seal Beach. California a /t!J~ day of ED BY THE City Council of the City of a regular meeting thereof held on the . 1985. I ATTEST: ~"'4J)l t2 C' erk r STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55 CITY OF SEAL BEACH ) I. I, Joanne M. Yeo. City Clerk of the City of Seal Beach. California. do hereby certify that the fo~gOing ordinance is the original copy of Ordinance Number /I~ on file in the office of the City C1er 'ntroduced at a meeting held on the ~~!( day of ,19 ,and passed, approved and adopted by the o the Ci y f Seal Beach at a meeting thereof held on day of . 1985 by the fo110wi g vote: AYES: NOES: ABSENT: Counci1members M) Counci1members and do hereby further certify that rdinance I'I'J'~ has been published ~~ant to the Seal Beach City Charter and Resolution Number .:2 . g~...~~( U. Cit erk / I Ordinance Number 1',1~ PROOF OF PUBLICATION (2015.5 C,C.P.1 S7ATE OF CALIFORNIA. County of Orange I am a citizen of the United States Ilnd a resident of the County aforesaid; lam over the age of eighfeen years. and not a party 10 or interested in the above.entitled maHer. I am the principal clerk of the printer of the .................................................... Seal Beach Journa1 .................................................... a newspaper of general circulation. printed and published ....~~~,~~1..................... Seal Beach in the City of .................................. County of Orange. and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the date of..;..J~.Q.... 19..91 Case Number .Afl,?5eJ.....;that the notice. .Jt which the annexed is a printed copy (set in type not smaller than nonpareil). has bee, published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to.wit: J une .5 ..................... ............................. all in the year 19.... (3,5 I certify (or declarel under penalty of per jury that the foregoing is true and correct. Dated at... ....~?:~.~..~.~~?~................. II'.. c....., of "'" bl.n'" i.rlft ",,,... I.cur" 'rolll: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Adverflsing Clearing House 120 We.' Second SI'!. Los Angeles. Calif, 90012 Telephone: 12131 e25'2~1 ."IH"""'" a.N.....L "H'et "valle.". .".n .,..,In_ flul ,.,.... This space is for the County Clerk's Filing Stamp I. Proof of Publication of ..,."..~Ul'~~il;(~..9~~I]ff\iJl=1~.~J.~tl............ Satellite 0ish Antennae RegulatknB .....!.................................................... Paste Clipping of Notice SECURELY In This Space .----. ...1IAT8LUTE__. REClULA_ Ordln8l1Ce Number 1186aftINI Cltyd Seal Belch, Callfornl" .mendln.: Ch..... 28 of ... Code of ... City of .- Seal Bueh, estabhstu"I standards. enterl' and rqu&ltlonS reprdinl, utethbt dish anten...... was Introduc.:.l' elf It the...1ar Citr COuncil meet'lII of MIJ 28. 1985 FIrst '.hna 01 Or. dinance Number 1186 was IIpfJrDNd . by the fo11Clff11ll we AYES,_.C1Ift.~R"""'. . Wilson NOES: None Motion elmld Qrdmance Number 1186 'MIl reteIIlII second l'Iadint:.... be considered far adopbon It the reaular City Council meet1nsof June 10. 1985. CopieIof OrdlnlflC8 Number 1186......... ;nlheoffialoflheCltyCloltl,CllrHIII, 211 . 8th Street. 5.1 Buchr teloohane 12131 431-2527. DATEDTMIS 29IIt dor of..... 19115. JoIInne M. yeo; City elen: CI'" of S. s.ch JUI'll 5. 1985 ~lshecI in The Sell Belch .101I1'11II. I I I I I Ordinance Number II I' PROOF OF PUBLICATION (2015.5 C.C.P.1 S7ATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party 10 or interested in the above-entitled matter. I am the PbinciPal clerk of the printer of the ,..... ;X3.!.~f...lik~. .~\:. j .1.:. kC. , v .................................................... a newspaper of general circulation. printed \ ~. and published ....k!.?Yf..f.<.t............... .fI !h " in the City of ....lq.J.....tlC:.~;........ County of Orange. and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the date ofL~~~..., 191;,,1.. /101- i? 7. . Case Number f;1.1. ~ ,~.-..(,; that the notice. .jf which the annexed is a printed copy (set in type not smaller than nonpareil), has bee.' publiShed in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to-wit: --n.. .., ,...../. f. ~~ ~?!1. l" !.l. 'r.$. ..., . . . . . . .. . .. . . all in the yea~ 19.?l$ I certify (or declare> under penalty of perjury that the foregoing is true and correct. rJ ' & /) . Dated at,., .#.\<-I!... i.{c<.:..-:-!:;.. ,... ....,., ,. ") /l-I -rf:1)) - California. this............day of(fl.(~.f:;:. 19 XY.. ;j' / . - ,I '. I ..' . ! . '/ . ,.....,.,.' ~:.:;. ,: ~~;;~t~';e.Y' ;jf;;r.; I...... Fre. copies of Uus blink form mly tie ,,'cured 'rom: CALIFORNIA NEWSPAPER SERVICE BUREAU,INC, Legal Advertising Clearing House 120 West Second St,. Los Angeles. Calif. 90012 Telephone: (2131625-2541 Plea', r.que.. Oe:NI!RAL Pl'aof of Pullllcltlon wll.n orderlnCl '1'111 'orm. This space is for the County Clerk's Filing Stamp jv 0/1,-9 to I' Proof of Publication of . .. /...-J. -"). I .{.".,P/~_~~"!' ......... :,.......0..... ...... .../.1.... .......:~~ .... ......... ...... ___/- i~ .......................................................... Paste Clipping of Notice SECURELY In This Space I NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN THATthe I CIty of Seal Beach City Council Will I conduct a public htanna ~Mo~day. I .May.'J3::19B~~id7,!lO P'in~.lijnthe I . CItY. .Councll Chambers. 211 8th I Street Seal Beach. California. to I conSider' I ZONINOTEXT AMENDMENT 2-85 '1 A request to establish speCifiC I standards. cnterla and regulations tor the installation of salelllte dish antennas EnVironmental Review. Negative opelaratlon 3-85 has been prepared In lieu of an EnVironmen- tal Impact Report Applicant City of Seal Beach Planning CommisSion Resolution Number 1368 DATED thiS 29th day of April. 1985 Joanne M Yea. City Clerk City of Seal Beach May 1. 1985 Published In the Seal Beach Journal. Ordinance Number /Icf~ PROOF OF PUBLICA liON (2015.5 C. C. P.l S7ATE OF CALIFORNIA. County of Orange I am a citizen of the United Slates and a resident of the County aforesaid; I am o"er the age of eighteen years. and not a party to or inlerested in the abo"e.entilled IT\atter. I am Ihe'principal clerk of Ihe printer of the '''f~Lt.....6~.A..?,.. . ' y.\,1:'.,!-.~. ,/ .. ../ .....................,.............................. a newspaper of ger.eral circulation, printed and published .. A)..e.(...L~':t:-.............. in the City of . ~rq,!+f.... .-l.it.';.,~.i)....... County of Orange. and which "ews. paper has been adjudged a neHspaper "f ger.eral circulation by the Superior Court ot the County of Orange. Slate of California, under the date oftl2c...tJ.., 19 kl. (ase ....urrber/?r.I.J:i.?.:J..., that the -,otice, ;1 Hhich t~e a""exed 's a jJr:nted c~py :set in ',pe not smaller than no"pare'l). "as bee, published in each reg"lar and entire issue of said newspaper and not :n any supplement thereot on the fopow,ng da'es. to.Wit:P7 ............~ '((f' /..;?,................. .. . . ... " .. all in Ihe ye~r 19. ?-~ I certify {or dedarel under penalty of perjury that Ihe foregOing is Irue and correct. r. . , Dated at.... S\ hrH: ..,.ii:~~.;<;:~.............. . j/ +h -1 ~.-' cal;forn~'a. his. ,~,...daYOfm/j~.. i9~~.. . 1 r tn€ J 'Ij J . "..., "1 ....,..... ,..t:Jk4k-:. ..~'..^ .r;..JJp'....'-.".,...... S, nature n'" Fr.. CDDlfI of 11"11 brink 'Of", "'I, b. stc",rHl r"om: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Ad"ertising Clearing House 120 West Second St,. Los Ange!es. Calif. 90012 Telephone: 12'31625'2541 ...t.... "."wltl GE...IIAL ,,",oot Qr '"bl:"tion "".9\ ot.","" ....,.. t.,,,, This space;s for the County Clerk'S Filing Slamp [f)fV'~ /1fl0 I Proof ~f Pwblicat;on of . n , , -/. 'oJ . '" f.l ....... ,::U~'.'-;.. ,I..! .'(1.. (fA$-;... ..i.1!'v'~!hO;:J./......... - .: " .:f- :J ..!c7;;.. !'y" .,j~.....f /!t.'.:!.~:.l~,:;:,..,. ,.2.:1.,;(.. - .) Paste C::pping of ....ot: ce SECURELY In This Space NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the publIC hurina scheduled Ior.MondIy, May 13 1985toeonii_Zonml'fexl Amend;"ent 2-85', establish In. specJflc standards, trlteri. and reaul.- hOl1S for the Install.tion of satellite dIsh antennas. W8$ ftSCheduled for the regular City CounCil meetlnlof Tues- day, May 28198511. 7 OOpm.lnthe City CounCil Chembel'$, 211 - 8th Street, Seal 8each DATED THIS 13th day of May, 1985 Joanne M. Yeo, City Clerk City of Seal Beach May 15. 19B5 p!JR!!!hed In the Seal Beach Journal. I I I I I Ordinance Number ~J'~~ Pit..' ., 'UILICATI.N (2'15.5 C.C.P.1 S-:-ATE OF CA1.IFORNIA. County of Orange I am a citizen of the United Slales and a residenl of Ihe County aforesaid; I am over the age of eig".leen '(ears. and nol a party !'Q or ir:leres'ed in Ihe abcve.enli!:ed matier. I am Ihe pr:ncipai clerk of the prinler of the Th~ $(1',"'1 ~p,:ch .................................................... .................................................... a newspaper of ger:eral circulation. prinled ..reklv and published ..............;................... in the City of .. ,~~.~~.. ~~~.~ ~l................. County of Orange. and which news. paper has been ad["dged a newspaper of general 'circulation by the Superior Court of Ihe County of Orange. State of CalIfornia. under the date of.. Rf~... 19 .~?. ~f.283 Case Number ................. that the notice, ,;;f which the annexed is a prinled copy (set in type not smalfer than nonpareil). has beE' published in each regular and entire iSSue of said newspaper and not in any supp:ernenl thereof on Ihe fo/:owing dales. to.wit: Jur.e .................................................... all in the year '9.~?... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Daled at... ~.~!'L~~:~ ~.~ ..~?~~.~~.~........... (al'f . to.' 26 da f June 19~5 lornlal ,dS.......... yo ........, ..... ..... II..... I..... "'sig~'~t~~'e'" ..... I...... ..... "rlt Copl"of ,,,., a:.nk lor", "'.t IN ..c...... ,.._1ft: CALIFORNIA NEWSPAPE R SERVICE BUREAU.INC, Lf'9al Advertising Clearing House '20 Wear Second Sr.. Los Ange!es. Calif. 90012 . Telephone: 12131625'254' ~111.' "'Mil'" 01 __I .AL "oa'.f '"lIh,,'I.n ..hi" ,p'.r,,... ,flh f.,... Tnis space is for Ihe COunty C:erk's Filing Sla",p J Proof of Pub! ;calion of Sum':'nr~' - OrUinllnce nm,her 1186 - .......................................................... Sntellite uish ~ntennne - adDption .............,............................................ Pasle (;;pping of Notice SECUREL.Y In This Space I --...r.~"..." . IlNIATELUTE _ AlI7EIIIIAE IlEGULAlIONlI OnIi~ Nu_ 1186 of the Cltyof 'SuI' ~h. Cllifomll. I_i.. CIIopW28 of 11Io Code 01 the Citr of Sell Bach. -....."1_ . crtIoril IIld ....llIions NpnII.w ~~-._.. ~.. . 1IIII_1IlopIod..,1IIo CitJ CouIlClI II I ....Ior _.. '-hoIcl..............Ju I 1985 "'11Io -..... .. 0, .. 1aI1owl",_, . AYES, ClIII, Grps, R_. Wiloon NOES, _ 1IoIi.......... .Q,pioool_1lunm 118&.. 1lIII_",a._oItheCltyClolk, .Citr HoII. 211 . 8Itl -. SooI Bach, toIophone 12131431-2527. .DATEOTHIS 13IhdoyofJuno.I985. ...... M. roo. Citr CIIII< Citr 01 SooI Bach AI.. 19. I98S .......- in 11Io -_h.lou....