Ordinance Number 584f AL
ORDINANCE NO. 584
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
ANTENNAE REGULATIONS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.609, OF ARTICLE 6,
"SUPPLEMENTARY DISTRICT REGULATIONS," OF CHAPTER 3,
"ZONING," OF TITLE 9, "LAND USE," OF THE MUNICIPAL CODE
RELATING TO ANTENNAE REGULATION
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Zoning Amendment.
Municipal Code Section 9-3.609, entitled "Television
Antennas," of Article 6, "Supplementary District Regulations,"
Chapter 3, "Zoning," Title 9, "Land Use," is hereby amended in
its entirety to read as follows:
"Section 9-3.609. Antennae Regulation.
"(a) Findings and Intent.
"The Federal Communications Commission of the
United States Government has, by order (FCC Order
No. 86-28) established a partial pre-emption of
local zoning authority over satellite dish
antennae. The following regulations are enacted
to establish compatibility between local zoning
power over a variety of antennae and the FCC
Order.
"(b) Antennae Regulations.
"(1) Conventional Antennae. Conventional
television antennae which are installed on
the roof or project above the eaveline shall
be prohibited, except in those areas not
served by a cable television system.
"(2) Ham Radio or Other Antennae. Ham radio
antennae which are installed on the roof or
project above the eaveline shall be
prohibited.
"(3) Dish Antennae Installations. Satellite dish
antennae installations shall conform to the
following development standards:
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Height. The height from the adjoining
finished grade to the topmost part of
the antennae shall not exceed six (6)
feet.
"(ii) Location. Dish antennae shall be
prohibited from being roof -mounted
except when located in a mechanical
equipment well where the antennae is
hidden from human eye contact upon
installation. All dish antennae shall
be located behind that portion of the
front wall of the main building which is
farthest from the front property line.
The side -yard setbacks of the district
shall be met, and a five (5) foot
setback to the rear property line shall
be maintained.
"(iii) Size. The dish antennae shall not
exceed ten (10) feet in diameter.
"(iv) Screening. The dish antennae shall be
screened from the public view from
adjacent streets and surrounding
properties by the use of fences, hedges,
or other appropriate plant materials.
Such visual mitigation shall be designed
in size so the antennae is hidden from
human eye contact upon installation.
"(c) Review Procedure.
"Any proposal to construct a satellite dish
antennae shall be reviewed and approved by the
Director of Community Planning and Development or
his designated agent. The Director shall review
an application for a dish antennae applying the
specific standards set forth in Subsection (b)
above. No approval shall be given unless the
Director, or his agent, finds that the proposal is
consistent with these standards.
"(d) Exceptions.
"Any satellite dish applicant who disagrees with
the determination of the Director regarding the
application of the criteria set forth in
Subsection (b) to the applicant's proposal, may
apply for an exception if the applicant believes
that one of the following two conditions exist:
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entirety.
"(1) That the zoning regulations impose
unreasonable limitations on or prevent
reception of satellite -delivered receive -only
antennae; or,
"(2) That the imposition of the regulations would
impose costs on the dish user such that the
costs are excessive in relation to the amount
of the purchase and installation cost of the
equipment.
"The applicant shall file a petition with the
Zoning Administrator citing specific reasons why
one, or both, of the above -stated conditions exist
in the opinion of the applicant. The Zoning
Administrator shall conduct a review of the
application and make a written determination as to
whether one, or both, of the above conditions
exist.
"There shall be no fee for the exception
application."
SECTION 2. Section 9-3.304(d), Amended.
Section 9-3.304(d) is hereby amended to read as
follows:
"(d) Radio and television towers and stations, radar
installations, microwave relay stations, and
kindred uses."
SECTION 3. Repealer.
Section 9-2.404(a)(12) is hereby repealed in its
SECTION 4. Pending Dish Antennae Proposals.
Any pending dish antennae installation proposal shall
be subject to the regulations of this Ordinance.
SECTION 5. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 6. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published once as required by
law and posted at the duly designated posting places within the
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399
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 19th day of
August . 1986 - A,
KENNETH E. FRIESS, MAYOR
ATTEST:
CITY 'CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 584 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on Auust 5 . 1986 , and
g
adopted at a meeting held on August 19 , 1986 by the
following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Hausdorfer, and Mayor Friess
NOES: None
ABSENT:None
(SEAL)
'MARY ANN NOVER, CITY CLERK
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