Ordinance Number 522ORDINANCE NO. 522
TO TITLE 9 OF THE MUNICIPAL CODE -
1i}&y
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTERS 2 AND 3, TITLE 9, OF THE MUNICIPAL
CODE REGARDING DISH ANTENNA INSTALLATIONS
WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. This interim Ordinance is required pursuant to
Government Code Section 65858, in that erection of
dish antennae without any zoning review would pose
a threat to public health, safety and welfare
based upon the following subsidiary findings:
1. The City has received a number of requests
from property owners to erect large dish
antennae. The size of these objects poses a
potential form of aesthetic blight on the
community. Zoning regulations are necessary
to control the size and location of these
objects to minimize aesthetic blight on
neighboring residents who will be severely
impacted by these objects.
2. The size of these objects may pose potential
structural safety questions which to date
have not been studied. These objects pose a
potential danger to persons and property,
which requires the review of size and
location regulations.
SECTION 2. Amendment Text.
A. Introduction
Based upon the findings set forth in Section 1,
preceding, the following amendments to the
Municipal Code are hereby enacted:
41 V
+"' B. Amendments.
1. Section 9-2.404(a) shall be amended to add
subsection 12, to read as follows:
"(12) All zone districts. Dish antennas
intended for commercial, institutional
or common residential use, subject to
the requirements of Section 9-3.609 of
Article 6 of Chapter 3 of this Title."
2. 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. Dish
antenna installations are regulated by
Section 9-3.609 and may require a
conditional use permit."
3. Section 9-3.609 shall be amended to read as
follows:
"9-3.609. Television Antennas.
"(a) Conventional television antennas which
are installed onto the roof or project
above the eaveline shall be prohibited,
except in those areas not served by a
cable television system.
"(b) Dish antenna installations shall conform
to the following development standards:
11(1) Height. The height from adjoining
finished grade to the topmost part
of the antenna shall not exceed 6
feet.
"(2) Location. Dish antennas are
prohibited from being roof -mounted
_ and 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
must be met, and a 5 -foot setback
to the rear property line shall be
maintained.
"(3) Size. The dish antenna shall not
exceed 10 feet in diameter.
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420
"(4) Screening. The dish antenna shall
be screened from public view from
adjacent streets and surrounding
properties by use of fences,
hedges, or other appropriate plant
materials. Such visual mitigation
shall be designed and sized so that
the antenna is effectively
obscured upon installation.
"(5) Required Review. All dish antennas
shall be reviewed by the
Environmental Review Board to
determine compliance with the
standards set forth in this
Subsection and to set conditions to
minimize adverse impacts of the
dish antenna on nearby properties.
If the antenna is intended for
commercial, institutional or
satellite master -antenna systems
for common residential uses (e.g.
community associations for
homeowner groups), then approval of
a conditional use permit is
required."
SECTION 3. Effective Date.
This Ordinance shall take effect immediately and expire
45 days from date of adoption.
SECTION 4. Citv 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
City of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 16th day of
October , 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
ATTEST:
CITY CLERK,/ -3-
421
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. 522, adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 16th day of October ,
1984.
(SEAL)
MARY ANN YANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California, ORDINANCE NO. 522, being:
TO TITLE 9
JNICIPAL CODE -
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
CHAPTERS 2 AND 3, TITLE 9, OF THE MUNICIPAL
CODE REGARDING DISH ANTENNA INSTALLATIONS
WITHIN THE CITY
was published in the Capistrano Valley News newspaper on
October 25 , 1984, and in further compliance with City
Resolution No. 83-12-20-3, on October 22 , 1984 , she caused
said Ordinance to be posted in three (3) public places in the
City of -San Juan Capistrano, to wit:
�City Hall;
. May�y�?? or ,s signed Old Fire Station Recreation Complex;
...... Clerk has signed Orange County Public Library.
.. _.. /.. City Seal stamped
..... All blanks typed in
"Absent"
"Noes" .....
Typed in Official Record Book
...._..... Posted to Classified Cards -
._.......— Copies sen[ to �lpSf J„��... .. _.Z:t.,'.._._..
. _....._._- Legal Publication ordered to be published
(date) ...... _.................____.....
No. Affidavits ---......__------------ ...............-.
No. Printed copies required __ tli__..___...-
Remarks ---___...---.......... ---- -----1--1---._. ...
.
MARY ANN H OVER; CITY CLERK
San Juan apistrano, California