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SR-6C (26) 6C_ ~ ) . " f J .. . CA:atty\muni\strpts\antenna.cab Santa Monica~U~~i\~ia city Council Meeting 7-26-94 TO: Mayor and City Council FROM: city Attorney SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX, CHAPTER 9.04, SUBCHAPTER 9.04.10, PART 9.04.10.06 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE REGULATION OF NONPARABOLIC AND PARABOLIC ANTENNAS At its meeting on July 19, 1994, the City Council introduced for first reading an ordinance amending Article IX, Chapter 9.04, Subchapter 9.04.10, Part 9.04.10.06 of the Santa Monica Municipal Code relating to the regulation of nonparabolic and parabolic antennas. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, city Attorney Cesar A. Bertaud, Deputy city Attorney JUL 2 6 1991t 6C.t .' j . I 1 .. , .; . CA:f:\atty\muni\laws\cesar\cbant29.ord city council Meeting July 26, 1994 Santa Monica, California -ORDINANCE NUMBER 1757 (City council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX, CHAPTER 9.04, SUBCHAPTER 9.04.10, PART 9.04.10.06 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE REGULATION OF NONPARABOLIC AND PARABOLIC ANTENNAS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.10.02.030 of the Santa Monica Municipal Code is amended to read as follows: 9.04.10.02.030 Building Height and Exceptions to Height Limit. ( a) The maximum allowable height shall be measured vertically from the average natural grade elevation to the highest point of the roof. However, in connection with development projects ln the Ocean Park Districts, building height shall be measured - vertically from the theoretical grade to the highest point of the roof. 1 - : . (b) The following shall be permitted to exceed the height limit in all zoning districts except the R1 District: - (1) Vents, stacks, ducts, skylights and steeples provided such projections do not extend more than five (5) feet above the permitted height in the District. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed 42 inches in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roof line if: A. The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. B. The elevator shaft does not exceed fourteen (14) feet in height above the roofll.ne and stairwell does not exceed fourteen (14) feet in he~ght above the height permitted in the District. C. The area of all enclosures and other structures identified in 9.04.10.02.030 (b) (1) that extend above the - roofline shall not exceed 25% of the roof area. 2 :: D. The mechanical equipment is screened in conformance with section 9.04.10.02.140. E. The mechanical equipment enclosure does not exceed twelve (12) feet in height above the height permitted in the District. ( 4) The screening required pursuant to the provisions of section 9.04.10.02.140 of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the building provided the total area enclosed by all screening does not exceed 30% of the roof area. (c) The following shall be permitted to exceed the height limit in all zoning districts: (1) Chimneys may extend no more than five (5 ) feet above the permitted height in the district; (2) One standard televis10n receive only nonparabolic antenna and one vertical whip antenna may extend no more than twenty- five (25) feet above the roofline, provided - that they are not located between the face of the main building and any public street or in 3 ~ . any required front or side yard setback. All other antennas shall be subject to the provisions of Part 9.04.10.06. - SECTION 2. Part 9.04.10.06 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.10.06 Antennas. 9.04.1.0.06.010 Nonparabolic Antenna Definitions. ( a) Antenna Array. A group of antenna elements on the same geometric plane. (b) Antenna, Commercial. An antenna in any zoning district used in conjunction with a business, commercial enterprise I trade I calling, vocation, profession, occupation or means of livelihood, whether or not carried on for gain or profit, including, but not limited to public utilities, cellular telephone communications or privately owned or publicly supported AM or FM radio stations not otherwise exempt from the prov~sions of the - Zoning ordinance, cable telev~sion operations or television broadcast stations, but - excluding FCC licensed amateur radio stations and standard telev~sion receive only 4 ~ - nonparabolic antennas. (c) Antenna Element. Individual components of an individual antenna. (d) Antenna Height. The distance from the grade of the property at the base of the antenna or, in the case of a roofmounted antenna, from the grade at the exterior base of the building, to the highest point of the antenna and its associated support structure when fully extended. ( e) Antenna, noncommercial. An antenna in any zoning district not used in conJunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, including, but not limited to FCC licensed amateur radlo stations and standard television receive only parabolic antennas. (f) Antenna, Nonparabolic. An individual array or group of arrays used to transmit and/or receive electromagnetic signals, including, but not limited to radio waves related to amateur rad10 stations licensed by the Federal Communications - Commission (FCC) and microwaves related to cellular telephone communications. 5 ~ - (g) Antenna structure. An antenna array and its associated support structure, such as a mast or tower, but not to include a suspended simple wire antenna, that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves. (h) Antenna structure, freestanding. An antenna structure that is not attached to a building, fence or other such structure. {i} Antenna, TVRO nonparabolic. A television receive only nonparabolic antenna. A standard roof mounted antenna array and its associated support structure, that is used solely to receive broadcast television signals. (j) Antenna, Vertical Whip. A pole or single element vertical antenna no more than three (3) inches in diameter, and its associated support structure. 9.04.10.06.020 Applicability. (a) A nonparabolic antenna that is In - existence as of the effect~ve date of this - Part, as amended, may continue in existence at the current height and location and need not comply with the design standards stated 6 ~ herein unless the following occurs: (l) If, in the case of a roof mounted antenna, the antenna is replaced with - one that is larger in any of its dimensions, the antenna structure shall then comply with the applicable regulations and design standards. (2) If, in the case of a noncommercial freestanding antenna structure, an existing antenna is replaced with one that is larger in any of its dimensions, the antenna structure shall then comply with the regulations and design standards contained in section 9.04.10.06.040. (b) No additlonal or structural alterations may be made to a nonconforming antenna structure that would lncrease its nonconformity with the applicable regulations and design standards. 9.04.10.06.030 Nonparabolic Noncommercial Antennas-Purpose. The city desires to allow nonparabolic noncommerc1.al antennas In all - areas of the Clty, subject only to limited and reasonable regulations Wh2Ch are permitted by Federal law in order to prevent such antennas 7 , - from adversely affecting the public health, safety, welfare or aesthetic interests. The city Council finds that amateur radio ~ operators provide an important public service by participating in local, regional and statewide emergency and disaster preparedness programs, in facilitating international disaster relief programs, and in fostering international goodwill and understanding. The city council finds, however, that antennas and antenna structures related to FCC licensed amateur radio communications may be aesthetically unsightly and visually obtrusive. The City council recognizes that because of the important public service provided by amateur radio operators, the Federal Communications Commission (FCC) has partially preempted local regulation of amateur radio antennas. Federal regulations specify that local regulations concerning the placement, screening or height of antennas for amateur radio communications must reasonably accommodate amateur communicat~ons and - constitute the minimum practicable regulation necessary to accomplish the local agency's 8 - . legitimate purpose. The city council finds that the regulations and design standards set forth in this ordinance reasonably accommodate FCC licensed amateur radio communications and constitute the minimum practicable regulation necessary to protect the public health, safety and aesthetic interests. 9.04.10.06.040 Regulations and Design standards. (a) A noncommercial nonparabolic antenna shall be installed, modified, and maintained in accordance with the following standards: (1) One (1) roofmounted TVRO nonparabolic antenna per resldential unit and up to four roofmounted nonparabolic antennas related to a FCC licensed amateur radio station shall be permitted for each parcel. One of the roofmounted TVRo nonparabolic antennas per parcel may extend up to twenty- five (25) feet above the roofline, but all other additional TVRo nonparabolic antennas - shall extend no more than fifteen (15) feet above the roofline. One roofmounted vertical - Whip antenna related to a FCC licensed amateur radio station may extend up to twenty-five 9 . (25) feet above the roofline; however all other roofmounted antennas related to a FCC licensed amateur radio station shall extend no more than fifteen (15) feet above the roofline. (2) One freestanding antenna structure related to a FCC licensed amateur radio station measuring up to 66 feet in height or fifteen (15) feet above the height limit of the district in which it is located, whichever height is greater, shall be permitted per parcel. For purposes of this section, antenna structures shall be measured to the highest horlzontal antenna element. A freestanding antenna structure exceeding 50 feet in height shall be retractable to 35 feet. A single vertical element may extend fifteen (15) feet beyond these height limits. (3) No portion of an antenna, including the array in any position, or of an antenna structure shall be located between the face of the main building and any public street or in any required front or side yard setback. -, (4) The support structure shall be located a minimum of ten (10) feet from the 10 ~ . line. Neither an antenna nor rear property an antenna structure shall extend beyond the property line of the parcel on which it is located. (5) Roofmounted antennas or antenna structures shall be located at or to the rear of the centerline of a building. (6) An antenna structure shall be finished in a color to blend in with its immediate surroundlngs, to reduce glare, and to minimize its visual intrusiveness and negative aesthet1c 1mpact. (7 ) The dlsplay of any sign or any other graphics on an antenna or antenna structure is prohibited, except for public safety warnings, whlch warnings must be placed no higher than eight (8 ) feet above the base of the antenna structure. (8) A building permit shall be obtained prior to the installation of an antenna structure, pursuant to the requirements of the Building Code. - (b) Unless a finding is made that a -- proposed antenna poses an actual threat to the publlc health or safety, the Zon1ng Administrator, or the Planning Commission on 11 . - appeal, shall have the authority to grant a Use Permit to modify the regulations and design standards of subsection (a) paragraphs (1.), (2) , (3) , (4) , or (5) of this Section, if topographical conditions, nearby tall structures or other factors unreasonably obstruct or otherwise unreasonably interfere with effective transmission or reception of the type desired and the cause of such obstruction or interference was not created by the applicant. An application for a Use Permit may be reviewed upon payment of a nominal fee, the amount of which may be established from time to t~me by the city Council by ordinance or resolution. As a condition of approval of a Use Permit to modify the design standard of subsection (a) paragraph (2) of this Sect~on, an antenna structure shall be required to be retractable to 35 feet. In cases where topographlcal conditions surrounding the antenna structure or the presence of nearby tall structures physically impede retract~ng an antenna to 35 feet, the zoning Administrator, or the - Planning Commission on appea 1, may allow an antenna structure to be retracted to a height 12 . . greater than 35 feet. 9.04.10.06.100 Nonparabolic Commercial Antennas-Purpose. The city desires to allow nonparabolic commercial antennas, including those associated with cellular telephone communications, in appropriate areas of the City, subject only to limited and reasonable regulations which are permitted by State law in order to prevent such antennas from adversely affecting the public health, safety, welfare, or aesthetic interests. The Cl.ty recognizes that the California Public utilities Commlssion ( CPUC) has delegated its authority to regulate the location and design of cellular telephone facilities to local governments, except In those instances when there is a clear conflict with the state interest in having a reliable and widespread cellular telephone service. Moreover, the CPUC has retal.ned jurisdiction to preempt local authority to regulate cellular telephone service in those Lnstances of clear conflict with the state interest. The City Council finds, however, that - commercial antennas and antenna structures, including those antennas related to cellular 13 . - telephone communications, may be aesthetically unsightly and be visually obtrusive. The City Council finds that the regulations and design standards set forth in this Ordlnance allow nonparabolic commercial antennas, including those associated with cellular telephone communications, in approprlate areas of the city, and that they are necessary to protect the public health, safety, welfare, and aesthetic interests. Further, the City Council finds that these regulations and design standards promote, and are not In conflict with, the state interest in having a reliable and wldespread cellular telephone service. 9.04.10.06.110 Requlations and Design standards. (a) Commercial antennas shall be installed, modified, and maintained in accordance with the followlng standards: ( 1) No commercial antenna shall be located in a residential district. (2) Commercial antennas may be located in all other dlstricts, except that - the installation of freestanding antenna structures which allow the attachment of 14 . . prohibited in Main antennas shall be the street CommerClal (CM) , Neighborhood Commercial (C2) , Residential-Visitor Commercial (RVC) and Neighborhood Commercial Overlay (N) Districts. (3) One (1) roofmounted TVRO nonparabolic antenna structure and one (1) freestanding antenna structure for each 7500 square feet of parcel area, and in the case of mixed use or residential developments, one TVRO nonparabolic antenna per residential dwelling unit, shall be permitted per parcel. The number of antennas attached to a single support structure shall be determined by the structural integrity of the support structure. (4) No antenna structure shall extend beyond fifteen (15) feet above the height limit of the district. (5) A freestandlng antenna structure shall not be located between the face of the main building and any public street or In any required front or side yard. (6 ) One roofmounted TVRO nonparabolic antenna and one vertical whip - antenna of up to twenty-five (25 ) feet above the roofline shall be permitted per parcel. 15 . . Additional TVRO nonparabolic antennas or other nonparabolic antennas shall not extend beyond fifteen (15) feet above the roof line.. All roof mounted antennas shall be located or screened so as to minimize pedestrian level view from public streets or from any neighboring residential uses. (7) The display of any sign or any other graphics on an antenna, antenna structure or screening is prohibited, except for public safety warnings, which warnings must be placed no hlgher than eight (8) feet above the base of the antenna structure or screening. (8) An antenna structure shall be finished in a color to blend in with its immediate surroundings, to reduce glare, and to miniml.ze. its visual intrusiveness and negative aesthetic impact. (9) A building permit shall be obtained prior to the installation of an antenna struc.ture, pursuant to the requirements of the Building Code. (b) Unless a finding is made that a - proposed antenna poses an actual threat to the public health or safety, the Zoning 16 , Administrator, or the Planning commission on appeal may approve a Use Permit to modify the regulations and design standards of subsection (a) paragraphs (1) I (2) , (3) , ( 4) , (5), or (6) , of this Section, if topographlcal conditions, nearby tall structures or other factors unreasonably obstruct or otherwise unreasonably interfere with effective transmission or reception of the type desired and the cause of such obstruction or interference was not created by the applicant. 9.04.10.06.120 Parabolic Antennas- Purpose. The City desires to allow television receive only (TVRO) parabolic antennas in all districts of the c~ty and to allow other parabolic antennas in appropriate districts of the City, subject only to limited and reasonable regulations which are permitted by Federal and State law in order to prevent such antennas from adversely affecting the public healthl safety, welfare or aesthetic - interests. The City Council f~nds that, typically, - parabolic antennas are larger in size, surface area and weight than nonparabolic antennas. 17 . Therefore parabolic antennas pose a unique threat to the structural safety of buildings to which they are mounted or braced and to the public safety because of wind loadings and seismic activity. These threats necessitate careful attention to the location, height, and installation or parabolic antennas in order to avoid injury to persons and property from fallen or windblown antennas. Moreover, parabolic antennas, because of their larger size and surface area, are aesthetically unsightly and have a greater negative visual impact than nonparabolic antennas; parabolic antennas may be visually obtrusive and block views from neighboring properties. The city Council recognizes, however, that the Federal Communications Commission ( FCC) has partially preempted local regulation of TVRO parabollc antennas. Local regulations concerning the locatlon, screening, size or height of TVRO parabolic antennas must have re.asonable and clearly def~ned health, safety and aesthetic objectives, may not unreasonably limit or -" prevent satellite television signal reception, and may not impose costs on the users of such 18 . light antennas that are excessive in of the purchase and installation cost of the antenna. The city Council recognizes, further, - that the California Public Utilities Commission (CPUC) has delegated to local governments its authority to regulate the location and design of cellular telephone facilities, including parabolic microwave antennas, except in those instances when a clear conflict exists with the state interest in having a reliable and widespread cellular telephone service. Moreover, the CPUC has retained Jurisdiction to preempt local authority to regulate cellular telephone service in those instances of clear conflict with the state interest. The city Council finds that the regulations and deslgn standards set forth in this ordinance are necessary to protect the public health, safety, welfare and aesthetic interests and that they neither unreasonably limit or prevent satellite televlsion signal receptl.on, nor conflict with the state interest in havlng a reliable and widespread -- cellular telephone service. The City council finds, further, that these regulations and 19 SL91SV PF~SE 6 - SAN VICENTE 7/19/94 PRINT ASMNT-NO OWNER-NAME-l RESIDENT OWNER - NAME - 2 MAIL-STREET 435 Sk~ VICENTE BLVD , #M MAIL-CITY-STATE SAi~TA MONICA, CA 90402 SITE-STREET PARCEL-NUMBER TRACT BLOCK LOT FOOTAGE-LF ASSESSMENT PRIN'=' ASMNT-NO OWNER-NAME-l RESIDENT OWNER-NAME-2 V~IL-STREE~ 435 SAN VICENTE BLVD , #N MAIL-CITY-STATE SANTA MONICA, CA 90402 SITE-STREET PARCEL-~""UMBER TRACT BLOCK LOT FOOTAGE-LF ASSESSMENT PRINT ASMNT-NO 103 OWNER-NAME-l AUGUSTINE SINKYS OWNER-NA~E-2 BETTY ~ SINKYS MAIL-STREET 307 MARGUERITA AVE MAIL-CITY-STATE SANTA MONICA, CA 90402 SITE-STREET 437 SAN VICENTE BLVD. PARCEL-NUMBER 4293-001-024 TRACT THE PALISADES BLOCK L LOT PORTION OF 23 & 22 FCOTAGE-LF 66.66 ASSESSMENT 1,013.23 any business, commerclal enterprise, trade, calling, vocation, professlon, occupation, or means of livelihood, whether or not carried on for gain or profit, including but not limited to public utilities, cellular telephone communications or privately owned or publicly supported AM or FM radio stations, unless otherwise exempt from the provisions of the zoning Ordinance, cable television operations or television broadcast stations, but excluding TVRO parabolic antennas. (b) Antenna, Groundmounted Parabolic. A parabol~c antenna, the weight of which is fully or partially supported by an approved platform, framework, pole, or other structural system, WhlCh system lS affixed or placed directly on or In the ground. ( c) Antenna Height. The vertical distance between the highest point of a parabolic antenna when actuated to its most vertical position and the grade below, for a groundmounted parabollc antenna, and to the roof below for a rooftop parabolic antenna. - (d) Antenna, Microwave Relay Parabolic. A transmitting and receiving antenna, typically parabolic, disc or double convex 21 SL91SV PHASE 6 - SAN VICENTE 7/19/94 PRINT ASMNT-NO OWNER-N&~E-l RESIDENT ot1NER - NA.T\1E - 2 MAIL-STREET 6D5 SAN VICENTE BLVD , #310 MA:L-CITY-STATE SAN~A MONICA, CA 90402 SITE-STREET PARCEL-NUMBER TRACT BLOCK LOT FOOTAGE-LF ASSESSMENT PRIKT ASMNT-NO 127 OWKER-NAME-: JOSEPH LYONS OWNER-NAME-2 DOROTHY DOUMAKES MAIL-STREET 99 OAK DRIVE ~~IL-CITY-STATE BARRINGTON, IL 60010 SITE-STREET 621 SAN VICENTE BLVD PARCEL-NUMBER 4293-001-016 TRACT ~HE PALISADES BLOCK :.. LOT 15 FOOTAGE-LF 100 ASSESSMENT 1,520.00 PRINT ASMNT-NO OWNER-NAME-l RESIDENT OWNER-NAME-2 MAIL-STREET 621 SAN V~CENTE BLVD., #:01 MAIL-CITY-STATE SANTA MOK~CA, CA 90402 SITE-STREET PARCEL-NUMBER TRACT BLOCK LOT FOOTAGE-LF ASSESSMENT SL91SV PHASE 6 - SAN V:::CENT2 7/19/94 PR:NT ASMNT-NO OWNER-NkWtE-l RESIDENT OWNER-NAME-2 V~IL-STKEET 621 S~~ VICENTE BLV~., #103 MA~L-CITY-STATE S&~TA MOK=CA, CA 90402 S=TE-S'I'REET PARCEL-NUMBER TRACT BLOCK LOT POO'I'AGE-:::"P ASSESSMENT PRINT AS:1NT-NC OWNEK-NAME-l RESIDENT OWNER - NA'1E - 2 MAIL-STREET 621 SAN VICEX~E BL\~ , #::'04 ~IL-C=~Y-STAT~ SANTA ~ONICA, CA 90402 SITE-STRSET ?A.~CE:"'-Nl.i'MBE~ TRACT BLOCK LOT FOQTAGE-LP ASSESS!'JIEN':' ?RINT ASMNT-NC O~~ER-NAME-l RES~DEKT OWNER-Nk'l.1E-2 MA=L-STREE~ 621 Sk~ VIC2NTE B~VD., #105 MA:L-CITY-STATE SANTA MONICA, CA 90402 SITE-STREET PARCEL-NUMBER TRACT BLOCK i.,OT FOOTAGE-LF ASSESSMENT , . excess of 7500 square feet shall be permitted an additional antenna for each additional 7500 square feet of parcel area. (2) The diameter of a TVRO antenna shall not exceed twelve (12) feet. (3) The antenna shall not be located in the front half of the parcel. (4) The antenna height shall not exceed fifteen (15) feet for groundmounted antennas, nor, in the case of rooftop antennas, extend beyond fifteen (15) feet above the roofline. (5) Groundmounted antennas shall comply with all setback requirements specified within the district for one story accessory buildings. The permitted height of such antennas shall not exceed that height as provided in subsection (a) paragraph (4 ) of this Sectlon. (6) If located in the Rl, OP1, OP Duplex, R2R, or R2B Districts the antenna shall be ground mounted; rooftop antennas may - be permitted in other res1dential districts, however, antennas shall not be closer than ten - ( 10) feet to the property line. 24 . finished (7) The antenna shall be in a color to blend in w1th the immediate surroundings, to reduce glare, and to minimize - its visual intrusiveness and negative aesthetic impact. (8) The antenna shall be screened in a manner consistent with Section 9.04.10.06.140(i)j however, any screening required by the City shall not unreasonably obstruct or otherwise unreasonably 1nterfere with reception. (9) The antenna shall be located so as to prevent obstruction of the antenna's reception window from potential permitted development on adjoining parcels. ( 10) A building permit shall be obtained prior to installation of an antenna pursuant to the requirements of the Building Code. (11) The display of any sign or any other graphics on an antenna is prohibited except for public safety warnings, which . warnings must be placed no higher than eight (8) feet above the base of the antenna. - (b) Notwithstanding subsection (a) of this Section, one rooftop TVRO parabolic 25 < antenna of less than twenty-four (24) inches in diameter and extending no more than five (5) feet above the roofline may be perm~tted - per parcel, or in the case of multi-family residential developments, one such antenna shall be permitted per residential dwelling unit. In the alternative, one such antenna per parcel, or in the case of multi-family residential developments, one such antenna per residential dwelling unit, may be located In any rear yard prov1ded the height above grade does not exceed six (6) feet. Antennas permitted per this subsection must comply with the regulations and design standards of subsection (a) paragraphs (3) , (7) , (8) , (9) , (10) and (II) of this Section, however, public safety warning signs must be placed no higher than four (4) feet above the base of the antenna. 9.04.10.06.151 Modification of Regulations and Design standards in Residential Districts. (a) Unless a finding is made that a proposed parabolic antenna poses an actual - threat to the public health or safety, the Zoning Administrator, or the Planning 26 . . Commission o~ appeal, shall have the authority as set forth in subsection (b) of this Section to grant a Use Permit to modify the - regulations and design standards of Section 9.04.10.06.150. An application for a Use Permit may be reviewed upon payment of a nominal fee, the amount of which may be established from time to t1.me by the Clty Council by ordinance or resolution. (b) An ~~plication for a Use Permit may be approved in whole or in part to modify the regulations and design standards of subsection (a) paragraphs (1) , (2) , (3) , ( 4) , (5) , (6) or (8) and of subsection (b) of Section 9.04.10.06.150: (1) in cases where locating the antenna in conformance with the provis10ns of this Section would unreasonably obstruct or otherwise unreasonably interfere with reception and the cause of such obstruction or interference was not created by the applicant. (2) in cases where compliance with the design standards would impose costs that are excessive in light of the purchase and - installation costs of the antenna. 27 . 9.04.3.0.06.3.60. Parabolic Antennas Located in Non-Residential Districts. (a) Regulations and Design Standards. Any parabolic antenna located in any non- Residential District shall be installed, modified, and maintained in accordance with the following standards: (1) only one (1) TVRO and two (2) microwave antennas shall be permitted per parcel, except that parcels in excess of 7500 square feet shall be permitted an additional antenna of each type for each additional 7500 square feet of parcel area. (2) The diameter of a TYRO parabolic antenna shall not exceed twelve (12) feet and the diameter of a microwave relay parabolic antenna shall not exceed four and one-half (4.5) feet. (3) Groundmounted antennas shall comply with all setback requlrements specified within the district for one story accessory buildings. The permitted height of such antennas shall not exceed that height specified in subsection ( a) paragraph (4) of - this Section. (4) The antenna height shall not 28 . exceed fifteen (15) feet for groundmounted antennas, nor, in the case of rooftop antennas, extend beyond fifteen (15) feet -- above the roofline. (5) The antenna shall be screened in a manner consistent with section 9.04.10.06.140 (i) ; however, any screening required by the City shall not unreasonably obstruct or otherwise unreasonably interfere with reception. (6) The antenna shall be finished in a color to blend in with the immediate surroundings, to reduce glare, and to minimize its visual intrusiveness and negative aesthetic impact. (7) The antenna shall be located so as to prevent obstructlon of the antenna's reception window from potential permitted development on adjoining parcels. (8 ) A bUlldlng permit shall be obtained prior to installation of an antenna pursuant to the requirements of the Building - Code. -- (9) The display of any sign or any other graphics on an antenna lS prohibited except for public safety warnings, which 29 . warnings must be placed no higher than eight (8) feet above the base of the antenna. (b) Notwithstanding subsection (a) of - this section, one rooftop TVRO parabolic antenna of less than twenty-four (24 ) inches in diameter and extending no more than five (5) feet above the roofline shall be permitted per parcel, or in the case of residential or mixed use developments, one such antenna shall be permitted per residential dwelling unit. In the alternative, one such antenna per parcel, or in the case of residential or mixed use developments, one such antenna per residential dwelling unit may be located in any rear yard provided the height above grade does not exceed SlX (6) feet. Antennas permitted per this subsection must comply with the regulations and design standards of subsection ( a) paragraphs (3) , ( 5) , (6) , (7) , (8) and (9) of th~s section; however, public safety warning signs must be placed no higher than four (4) feet above the base of the antenna. 9.04.10.06.161 MOdification of - Regulations and Design Standards in Non- Residentia1 Districts. 30 ; . . (a) Unless a finding is made that a proposed antenna poses an actual threat to the public health or safety, the Zoning Administrator, or the Planning Commission on appea 1 , shall have the authority as set forth in subsection (b) of this section to grant a Use Permit to modify the regulations and design standards of section 9.04.10.06.160. An application for a Use Permit may be reviewed upon payment of a nominal fee, the amount of which may be established from time to time by the City council by ordinance or resolution. (b) An application for a Use Permit may be approved in whole or 1n part to modify the design standards of subsectlon ( a) paragraphs (1) , (2) , (3) , ( 4) I (5) , or (7) and of subsection (b) of Sectlon 9.04.10.06.160: (l) in cases where locating the antenna in conformance with the provisions of this section would unreasonably obstruct or otherwise unreasonably interfere with - reception and the cause of such obstruction or - interference was not created by the applicant. (2 ) in cases where compliance with the design standards impose unreasonably 31 .. excessive costs in relation to the purchase and installation costs of the antenna. (3) in cases where the technical - needs of cable television or telecommunications operators are demonstrated to require modification of the regulations and design standards. 9.04.10.06.170 Satellite Uplink Antennas. The installation of any satellite uplink antenna shall be subject to review and approval of a Use Permit as set forth in Sect~on 9.04.10.06.161. SECTION 3. Section 9.04.02.030 of the Santa Monica Municipal Code is amended to delete the following definitions: Parabolic Antenna. An accessory structure of any shape, including the main dish and covering, feedhorn, low-noise amplifier, structural supports and a 11 other components thereof, which transmits and receives electromagnetic waves by line of - sight. (a) Groundmounted DiSh Antenna. A - parabolic antenna, the entire welght of which is supported by an approved platform, 32 l . . framework, poke or other structural system, which system is affixed directly on or in the ground by a foundation and which system is freestanding, excluding lateral bracing to a building. (b) Heiqht. The vertical distance between the highest p01nt of an antenna when actuated to its most vertical position and grade below, for a groundmounted dish antenna, and to the roof below for a roofmounted dish antenna. (c) Microwave Relay Antenna. A transmitting and receiving antenna, typically disc or double convex shaped with no active element external to the disc, that communicates by line of sight with another similar antenna. ( d) Reasonable Functional Use. That positioning of a parabolic antenna which permits substantially unobstructed line of sight with geosynchronous orbiting satellites from or to which the dish antenna receives or transmits electromagnetic waves. - ( e) Roofmounted Dish Antenna. A parabolic antenna, the entire weight of WhlCh is supported by a building through the use of 33 . . an approved framework or other structural system, which system is affixed to one or more structural members of the roof of the building or to any structural portion of the building above the roofline. (f) Satellite Earth Station Antenna. An antenna that receives or transmits communications by line of sight with a geosynchronous orbiting satellite. (g) Screening. The effect of locatlng a parabolic antenna behind a building wall, fence, landscaping, berm and/or other specially designed device so that view of the dish antenna from adjoining and nearby public street rights-of-way and private properties is precluded or minimized to the extent reasonable. (h) TVRO 1'ntenna. Television receiving only antenna. SECTION 4. The City Council finds that the proposed text amendments related to nonparabolic and parabolic antennas are consistent in principal with the goals, objectives, policies, land -. uses, and programs specified in the adopted General Plan. 34 . . . . SECTION 5. The City Council flnds that the public health, safety and general welfare require the adoption of the proposed text amendments, in that the proposed text amendments provide clear direction as to the size and location of nonparabolic and parabolic antennas in order to protect the public health, safety, welfare and aesthetic interests. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordlnance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of thlS Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed thlS Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared lnvalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently invalid or unconstltutional. SECTION 8. The Mayor shall sign and the City Clerk shall -- attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper 35 0 within rifteen (15) days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: !v~~~ MARSHA JON MOUTRIE City Atto~ney - 36 . . c Adopted and approved thts 26th day of July, 1994. Mayor 9z-. iSr6 I hereby certify that the foregoing Ordinance No. 1757 (CCS) was duly and regularly adopted at a meetmg of The City Council on the 26th day of July, 1994, by the followmg Counell vote Ayes Councilmembers' Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes' Councilmembers: None Abstam. Councilmembers: None Absent Councllmembers None A TrEST' - ~h;~~ ~ -- city -Cle-rk IV'