SR-400-005-03 (2)
,.
e
e
CA:RMM:rmd133jhpca
City Council Meeting 12-17-85
Santa Monica, California
f/'t/o- 000~ 0 3
P-F
DEe 171m
STAFF REPORT
TO:
Mayor and city Council
SUBJECT:
City Attorney
Emergency Ordinance Relating to Satellite
Dish Antennas
FROM:
At its meeting on November 26, 1985, the City council
directed the City Attorney to prepare an emergency ordinance
providing interim regulations for satellite dish antennas. In
response to this direction, the accompanying ordinance has been
prepared and is presented for City Council consideration.
The accompanying ordinance would add section 9516 to the
Santa Monica Municipal Code. This new Section would require that
the Architectural Review Board review and approve plans for the
installation of satellite dish antennas in all residential,
commercial, and industrial districts within the City of Santa
Monica.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced and adopted.
PREPARED BY: Robert M. Myers, City Attorney
9-F
DEe 11 \S8~
e e
CA:RMM:rmd134/hpca
City council Meeting 12-17-85 Santa Monica, California
ORDINANCE NUMBER 1353(CCS)
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTION 9516 TO THE
SANTA MONICA MUNICIPAL CODE TO PROVIDE FOR
INTERIM REGULATION OF SATELLITE DISH ANTENNAS
AND DECLARING THE PRESENCE OF EMERGENCY
WHEREAS, the City of Santa Monica is in the process of
establishing permanent standards for regulating satellite dish
antennas; and
WHEREAS, the City of Santa Monica intends to incorporate
these permanent standards into the ongoing revisions to the
Comprehensive Land Use Regulations of the City of Santa Monica;
and
WHEREAS, the City of Santa Monica has experienced a
dramatic increase in the number of satellite dish antennas being
installed; and
WHEREAS, the unregulated installation of satellite dish
antenna creates numerous problems including visual clutter,
installation in required sideyards thereby blocking emergency
access, and interference with electrical equipment in the
immediate vicinity; and
WHEREAS, the public health, safety and welfare necessitates
reasonable interim standards for regulating satellite dish
antennas pending adoption of permanent standards,
- 1 -
e
e
NOW, THEREFORE, THE CITY
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9516
Municipal Code to read as follows:
Section 9516.
Antennas.
(a) On and after the effective date
of this Section, no satellite dish antenna
shall be installed, erected, or built in
any residential, commercial or industrial
district as defined in Section 9103 of
this Code unless approval has first been
obtained from the Architectural Review
Board, or Planning Commission on appeal,
in accordance with the provisions of this
Chapter.
COUNCIL OF THE CITY OF SANTA
is added to the Santa Monica
Satellite
Dish
(b) In approving the installation,
erection, or building of a satellite dish
antenna in accordance with the provisions
of this Chapter, the Architectural Review
Board, or Planning Commission on appeal,
shall impose such conditions as are
necessary to meet the following
requirements:
(1) The satellite dish antennae
shall be aesthetically screened from
public view and located in the site area
- 2 -
e
e
in a manner to minimize visual intrusion.
Screening materials
shall consist of
structures, plant materials,
or earth
berms.
(2) The satellite dish antenna
shall not be located in any required front
yard or sideyard area.
(3) The satellite dish antenna
shall
not
obstruct
or
occupy
any
designated parking area.
(c) For purposes of this Section,
satellite
dish
antenna
includes
any
parabolic, spherical, conical, bowl, disc
or saucer shaped accessory structure,
including the main dish and covering,
feedhorn, low noise amplifier, structural
supports,
and
all
other
components
therefor, which transmits and/or receives
electromagnetic waves by line of sight.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
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
- 3 -
" .
e
e
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter and is necessary for preserving the
public peace, health, and safety, and the urgency for its
adoption is set forth in the findings above.
SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause ~he same to be published once in the official nevlspaper
within fifteen (15) days after its adoption.
This ordinance
shall become effective on the date of its adoption, pursuant to
Section 619 of the Santa Monica City Charter.
APPROVED AS TO FORM:
~\-..~
ROBER1' M. MYERS 0
city Attorney
- 4 -
. ~
. . .
e
e
Adopted and approved this 17th day of December, 1985.
ek~ _/~. j~~-~
/ Mayor
I hereby certl fy that the foregoIng Ordinance No. 1353 (CCS)
was duly and regularly Introduced at a meeting of the CIty
Council on the 17th day of December 1985; that the saId Ordinance
was thereafter duly adopted at a meeting of the City CouncIl on
the 17th day of December 1985 bv the following CouncIl vote:
Ayes: Councilmembers: Conn, JennIngs, A. Katz, H. Katz,
Zane and Mayor Reed
Noes: Councllmembers: EpsteIn
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
/,
/ ''--/l-..~! 1 . i,
U:'L-1 L / I 1 " !L Cl.. '--k...
CIty Clerk