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'