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Ordinance Number 780001 ORDINANCE NO. 780 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTION 9-3.609 OF THE MUNICIPAL CODE TO MODIFY THE PROVISIONS FOR HAM RADIO OR OTHER ANTENNAS IN ACCORDANCE WITH THE FEDERAL COMMUNICATIONS COMMISSION REGULATIONS AND TO INCLUDE PROVISION FOR WIRELESS COMMUNICATION FACILITIES THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: a. Whereas, the Federal Communications Commission of the United States Government (FCC) preempts state and local regulations that result in outright prohibition or preclude amateur communications; b. Whereas, the FCC finds state and local regulations that preclude amateur communications in their communities in direct conflict with federal objectives; C. Whereas, the FCC requires that state and local regulations provide reasonable accommodation for amateur radio communications; d. Whereas, the City of San Juan Capistrano's Municipal Code currently prohibits installation of ham radio antennas on roofs or above eave lines; e. Whereas, the City of San Juan Capistrano desires to allow amateur radio and wireless communication facilities within the City subject to appropriate regulation to minimize and/or mitigate negative impacts on neighboring properties; f. Whereas, the proposed standards are consistent with FCC regulations by allowing antennas, subject to regulations regarding height, location, and design in order to protect the health, safety and welfare of the community; g. Whereas, the regulations have been reviewed according to the provisions of the California Environmental Quality Act (1970). The ordinance regulating antennas qualifies as a Class 3 Categorical Exemption under Section 15061 (b)(3) of the CEQA guidelines; h. Whereas, this ordinance is consistent with the goals, policies, and objectives of the San Juan Capistrano General Plan; and -1- UUL i. Whereas, the Planning Commission conducted a public hearing on the project and recommended that the City Council adopt the Ordinance. Based upon the findings set forth in Section 1 preceding, the City Council of'the City of San Juan Capistrano hereby amends Subsection (b)(2) of Section 9-3.609 of Article 6 of Chapter 3 of Title 9 of the San Juan Capistrano Municipal Code to read as follows: "(2) Amateur radio antennas and wireless communication facilities. (a) Purpose and intent. The amateur radio antenna regulations serve to balance the needs of the ham radio operator in providing reasonable accommodation for amateur radio communications while being sensitive to the needs of the surrounding neighborhood. (b) The following regulations shall apply to amateur radio antennas and wireless communication facilities. These regulations shall not preclude enforcement by homeowners' associations or private parties of Covenants, Conditions and Restrictions (CC&Rs), Declaration of Restrictions, or any other private contracts or agreements between parties. All wireless communication facilities applications shall be subject to approval of a conditional use permit in each individual case. Amateur radio antenna permit applications shall be approved administratively by the Planning Director provided the antennas meet the criteria and development standards contained in this article. In cases where amateur radio antennas do not meet the development standards contained in this article, the applicant may apply for an exception for Planning Commission review or for a minor exception (deviations from the development standards of 10 percent or less) for Zoning Administrator review. See subsection (v) below for the provisions on exceptions. (i) Definitions. For purposes of this section, the following terms, words, and phrases and their definitions shall have the meanings as defined in this article. "Amateur radio antenna" shall mean any antenna used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC). "Antenna" shall mean any system of wires, poles, rods, reflecting discs or similar devices used for the transmission, reception or both of electromagnetic radiation waves, including devices having active elements extending in any direction and directional parasitic arrays having elements attached to a generally horizontal boom which may be mounted upon a vertical support structure. Any -2- VVJ such system is further defined to be external to or attached to the exterior or any building. "Antenna array" shall mean a group of antenna elements on the same geometric plane. "Antenna, ground -mounted" shall mean any freestanding antenna, the entire weight of which is supported by an approved platform, framework, 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. "Antenna height" shall mean the overall vertical length of the antenna above grade. If the antenna system is located on a building, the overall vertical length also includes the height of the building above grade level at the point upon which the antenna system is mounted. If the antenna system includes a collapsible support structure, the overall vertical length is measured with the antenna support structure fully extended. "Antenna mast" shall mean the pole or tower of metal or wood used to support an amateur radio antenna. "Antenna radius" shall mean the distance from the antenna support structure to the further possible extension of any horizontal element of an antenna. "Antenna, roof -mounted" shall mean an antenna, the entire weight of which is supported by a building through the use of 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 roof line. "Antenna support structure" shall mean any structure, mast, pole, tripod, or tower utilized for the purpose of supporting an antenna. "Antenna support structure, freestanding" shall mean an antenna structure that is not attached to a building, fence or other such structure. "Antenna system" shall mean the combination of the antenna and any antenna support structure. "Antenna, whip" shall mean an antenna consisting of a single, slender, rod- like element, less than one wave length long, which is supported only at or near its base. "Wireless communication facility" shall mean any facility, other than a ham radio or satellite dish antennas, that contains one or more antennas that are components of a communications network that benefits the general public, government, and/or business community. (ii) Amateur Radio Antenna Development Standards - Amateur radio antemi2s, structures and masts that comply with the development standards specified in this article are permitted, subject to issuance of an antenna permit from the Planning Department and any other applicable City permits (i.e. building permit, etc.). Amateur radio antennas that do not conform to the development standards in this article shall be subject to approval of an exception. Exception provisions are included in subsection (b)(2)(v) of this article. The development standards criteria regulating height, setbacks, location, and maximum number of antennas are set forth in Table 9-3.609 of this article. Other additional requirements include: (aa) License Requirement - An applicant for an amateur radio antenna shall possess a valid amateur radio license issued by the FCC. A copy of the amateur radio license shall be required upon submittal of an antenna permit application to the City. (ab) City Permit Requirement - Prior to installation or modification of an amateur radio antenna, an applicant shall obtain: (i) Approval of a permit for the antenna from the Planning Department. Antenna permits will be approved only if the proposed antenna complies with the development standards specified in this article. Antennas that do not comply will require approval of an exception. (ii) A City building permit, if required by the Building Official, and shall comply with all applicable regulations imposed by the Building and Engineering Department. (ac) Non -Conforming Antennas - All amateur radio antennas lawfully constructed and erected prior to the effective date of this ordinance are considered legal non -conforming and are not subject to these development standards provided that a record of its size, location, height and any other information deemed necessary by the Planning Director is on file with the Planning Department. In order to secure any right under this section, the amateur radio antenna owner shall submit this record to the Planning Department no later than December 31, 1996 on a form supplied by the Planning 0 VVI Department. The amateur radio antenna owner is responsible for providing the necessary information to the City for inclusion in the record of nonconforming amateur radio antennas. A legal non -conforming antenna may be expanded, enlarged, relocated, or modified only upon approval of an amateur radio antenna permit in accordance with the development standards contained in this article or approval of an exception. (ad) Compatibility of Regulations - Notwithstanding the regulations contained in this article, the provisions of this code shall comply with the regulations of the Federal Communications Commission, as may be amended, that apply to amateur radio antennas. State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. Application for Administrative Antenna Permit - The application for permit shall be on a form supplied by the Planning Department and shall be accompanied by the following information, maps, and plans: (aa) Site plans drawn to scale, showing the proposed height (including maximum telescoping height and minimum height when lowered), setbacks from property lines (including arrays, projections, and guy wires), location, and antenna finish. (ab) Manufacturer's specifications of the antenna structure. (ac) Details of footings, wiring, guys, and braces. (ad) Details of attaching or fixing the antenna to the roof (if applicable). (ae) Elevations drawn to scale and dimensions fully describing the proposed structure. (at) Valid amateur radio license issued by the FCC. (ag) Application fee as set forth by City Council resolution. (iv) Issuance of Administrative Permit - Upon submittal of a complete application, the Planning Director shall issue an amateur radio antenna -5- permit provided all criteria in the development standards set forth in this article have been met. (v) Application for Exceptions - An applicant may apply for an exception for amateur radio antennas that do not satisfy the development standards contained in this article. Public notification may be deemed necessary but shall not be required in the granting of an exception. The Director shall prescribe the form of application and supporting information required to initiate both environmental review (pursuant to Section 9-2.201) and the exception review process. (aa) Deviations from the development standards contained in this article of 10 percent or less for height limits, setbacks, and location from neighboring residential structures shall be reviewed as a minor exception by the Zoning Administrator, as determined by the Planning Director. (ab) Exceptions exceeding 10 percent deviation from the development standards contained in this article shall be reviewed by the Planning Commission, as determined by the Planning Director. (ac) Findings. An exception may be granted provided a positive finding can be made in the following areas: (i) There are special physical circumstances which justify granting the exception; (ii) The intent of the ham radio antenna regulations is being met; (iii) The intent of the FCC regulations is being met in that the City's regulations (1) do not preclude amateur service communications, (2) reasonably accommodate such communications, and (3) constitute the minimum practicable regulation to accomplish the City's legitimate purpose. (iv) There is little potential for the exception to create a negative impact on surrounding areas. (ad) Conditions. In granting an exception, the Zoning Administrator or Planning Commission may impose whatever reasonable conditions it deems necessary to ensure: (i) Compatibility with existing and proposed uses; M (ii) Adequate mitigation of potential negative impacts; and. (iii) Consistency with the goals, policies, and objectives of the General Plan. (vi) FmerrQ nr Services - Upon permission by the amateur radio operatot`, the City will include the individual's name, address, and contact numbers on an emergency resource volunteer list for inclusion in the City's emergency plan. (vii) Antenna Maintenance - It shall be unlawful for any property owner to fail to maintain his/her antenna to the minimum levels of maintenance care as set forth below: (aa) Finish. The antenna finish shall be maintained in such a manner that its appearance is unobtrusive and blends with the neighborhood in which it is located. Any conditions relating to antenna finish imposed by the City shall be maintained consistent with the condition of permit approval. (ab) Screening. All landscaping required by the City to provide screening shall be maintained in a healthy condition free of dead, decayed, overgrown, or discarded plant material. The type and location of landscape material shall be maintained consistent with the permit approval. (ac) Mechanical/Structural. All mechanical, structural, and moving parts of the antenna support structure and/or antennas (including wires, projections, and array elements) shall be maintained in good working order and in a safe appearance. (viii) Severability - If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court or competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. This Ordinance shall take effect and be in force thirty (30) days after its passage. -7- The City Clerk shall certify to the adoption of this Ordinance and cause the same I � to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text ofthis Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 20th day of August 1996. WYA T ART, MAYOR ATTEST: �i _/ Fg � -r s In r' "II STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, 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. 780 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on August 6th , 1996, and adopted at a meeting held on August 20th 1996, by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: Council Member Nash (SEAL) o �/ CHERYL JQONSON, CITY CLERK In 010 AMATEUR RADIO ANTENNA REGULATIONS FOR ALL DISTRICTS - TABLE 9-3.609 LOCATION- LOCATION - MAXIMUM HEIGHT SETBACKS GROUND -MOUNTED ROOF -MOUNTED FINISH Ground -Mounted: Front: Rear yard only. Shall be located rear of All antennas visible Retractable antenna support Prohibited. centerline of main from off site shall structure fully extended Antenna support structures structure. be in a finish including antenna(s) from finish Side: may be located in a required deemed unobtrusive grade: 75' Antenna support structures shall rear yard and shall be to the nejghborhood comply with setbacks for located as far forward as - in which it is Antenna support structure for accessory structures. possible from rear property located, as vertical whip antenna(s): Overhangs, projections, arrays, line. Antenna support determined by the Maximum 35' height at base and guy wires shall maintain a structure shall be no closer Planning Director. with maximum antenna height minimum setback of 5'. For than 20' from any of 55' comer lots, overhangs, neighboring residential Antenna support structures for projections, arrays, and guy structure. array antennas in excess of 35' wires shall maintain a minimum shall be retractable to 35' when 10' side yard setback closest to All ground -mounted not in use. Base of vertical whip any adjacent street and/or park antennas shall be screened antenna shall not exceed 35' with (whichever results in least visual from neighboring properties maximum antenna height of 55' impact). and streets by walls, fences from finish grade. or landscaping at least six Antenna support structures and Rear: feet (6) in height to obscure antennas exceeding the above Ground -mounted antenna visibility at ground level support structures shall be from neighboring height limits are subject to located as far forward as properties. Landscaping approval of an exception. All possible from rear property line. shall be a type and variety array antennas must be ground- A minimum setback of 5' shall capable of obscuring the mounted. be maintained for overhangs, visibility of the antenna Roof -Mounted: projections, arrays, and guy within one year. The Array antennas prohibited. For wires. screening requirement may vertical whip antennas, base shall he reduced if landscaping not exceed 35', with 55' inhibits the antennas maximum antenna height from reception window, as finish grade. determined by the Planning Vertical whip antennas with a Director. base height exceeding 35' and/or a maximum antenna height greater than 55' are subject to approval of an exception. RADIO FREQUENCY OTHER MAX. NO. OF SIGNS RADIATION WIRING REQUIREMENTS ANTENNAS No sign, flag, or lights of any No transmitting antenna or All electrical and antenna Ground -mounted Maximum of 3 as kind shall be posted or displayed facility, except as categorically wiring shall be encased in antennas shall not follows: on any antenna. excluded by the FCC, shall tubing or other devices reduce the area One antenna exceed the radio frequency (RF) acceptable to the Planning required for parking, support structure radiation limits established by Director and/or concealed to internal circulation, or the ANSFMEE for an the maximum extent other development with maximum extended height of "uncontrolled environment". It feasible to minimize visual standards in the City's 75', retractable to shall be the responsibility of the impact. Municipal Code. 35' when not in use. applicant to provide evidence of compliance with applicable All antennas shall be Two additional standards. permanently mounted, antenna support and no antenna may be structures for installed on a portable vertical whip or movable structure. antennas with the base at a maximum height of 35' and a maximum antenna height of 55' from finish grade.