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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. -2- 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