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Home My WebLink AboutSATELLITE DISH ANTENNA PERMITS0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659,1768 (714)644-3131 August 18, 1989 Ms. Linda Warren 2111 East Ocean Front Newport Beach, California 92663 Re: Satellite Dish at 2112 East Ocean Front Dear Ms. Warren: RECEIVED Ix nrring Dm ^ nh AUG211989 s- CITY , NEWPOF ,-,EACH, CALV'r. Pursuant to our recent conversation, I have enclosed copies of the following: 1. A Building Permit Application and Plot Plan approved by the Building Department prior to installation of the satellite dish antenna at 2112 East Ocean Front. 2. Satellite Dish Antenna Ordinance adopted by the Newport Beach City Council on Monday, June 26, 1989 (effective July 26, 1989). 3. A letter and attachments addressed to Kevin Shannon concerning policies and laws that relate to view blockage. In my opinion, the antenna in question was installed prior to the effective date of our ordinance and was consistent with rules and regulations in effect at the time. Moreover, the antenna appears to be installed in conformance with the provisions of Section 20.75.030F. The City's power to regulate satellite dish antennas has, to a considerable extent, been preempted by the Federal Communications Commission. The provisions of our ordinance reflect the maximum amount of control properly imposed upon such antennas. Please call me if you have any questions. RHB:jg Enclosures truly yours, Robert H. Burnham City Attorney 3300 Newport Boulevard, Newport Beach City ofNewport, Beach OBUILDING PERMIT B• 15372 r Building Department P.C. BoxNewport Bea APPLICATION,___ PLAN GHECK� NO. _ Newport Beach, CA 92658•8915 Ph- ae (714) 644 3288 t E�_ LOCALITY 1CR036 fiT1Bu. 1 owcSB .9! __._ .ems. aw TYPE I ,Pg�Pe� NO 67 z USE ZONEl�•� SPACES �•�`>,� SPEC. cones. . ZIP tV� PEA P �1 TEL. I� b•••• NO. O N, Ado c'i ••ou. YARDS:REAL nF ZONING APPROY _ mneLn = R.S L.S FAIR SHARE $ AA ZIP [ � rD NEWPORT 61 LIC. NO. TEL - - FIRE EXCISE TAX $ NO. APPR L ORA G SAN. OIBTflICT, $ - APP OVAL NO ZONE ZIP PLAN CHK SJHTC $ LIC. BY NO -- OTHER $ V OF WORK REPAIR O- DEMOLISH ❑ APPflOy TO ISSU TOTAL '$ W RKERS' COMPENSATION DECLARATION ' r <, LC J L'\ I HEREBY AFFIR CERTIFCATC OP C. OR A THAT I HAVE A CERTIFICATE Of CONSENT 8 S CERTIFIED WORKEERS' COMPENSATION INSURANCE, OR A cERTI/IED COPY OF LICENSED CONTRACTORS W&eUAxn IIv'. 1 HEREBY AFFIRM THAT I AM LICENSED -UNDER 'PROVISIONS OF CHAPT[R D ICOMMENCIND WITH SECTION 70001 Of DIVISION l Of THE BUSINESS AHD PROICSSIONS CODE, AND MY LICENSE 18 IN FULL fORCE AND EFF CT. uEENBeCUES�-y.TaTue.xD.� O CONTRACTOR BAT[ OWNER• ILDER DECLARATION LLOWING REASON 'SEC. 7031.0. BU6 NESS ANON POFLSSION COD[ ANY CIITY OR COUNTY WHICH REQUIRES A PERMIT TO CONSTRUCT. ALTER. IMPROVC. DEMOLISH, OR LICANT 'OEPAIR MY STRUCTURE.R SUCH PERMIT TO FILE A SIGNED STATEMENT THAT HE 5UCENIOR TO ITS ISSUANCE. ALSOEED PURSTHE UANT NT TO INC PROVISIONS OP THE CONTRACTOR'S UCENSC LAW ICHAPCR 9'COMMENCING AND PROFE591OH5 CODE' OR TWITH HAT HCCIS E% MPT TNKALFROM AND TH70001 OF DIVISION 3 Of E DASISI FOR THE ALLLOEO EXEMPTION, ANY TE A PUC�NT TO A CIVIL PENALTY OF NOT MORC THAN FIVERHUNDRED DOLLARSPERMITCHEOOLA ❑ I. AS OWNER Of THE PROPCRTY.OR MYiH EMPLOYECS WITH WAGES AS THEIR SOLE COMPENSATION. WILL DO INC WORK. AND C STRUCTURE IS NOT INTMDCD OR PRorvss,OHs CODE' THE CONTRACTORS LICCNOC LAW DOES NOT APPLY TORAH OWNER OI PROPERTY WHO KUILOS On IMPROVES THEREON. AND WHO ROES SUCH WORK HIMSCLY OR THROUGH HIS OWN EMPLOYEES. PROVIDED THAT BUCN IMPROVEMENTS ARE NOT INTENDED ON OFFERED FOR SALC. If. HOWEVER. INC BUILDING ON IMPFCOVXMICNT is SOLD ONE YEAR Of COMPLETION. INC OWNER•OUILOER WILL HAVE INC BURDEN OP PROIV"Ho. THAT HE DID NOT BUILD OR IMPROVE FOR THE PURPOSE Of SAL" CONTRACTORS TO TCONSTRUCTY'AM T THE PROJECT 15EC.CONTRACTING BU INCSS LICENSED AND PROFCSSIOHS COD91 INC CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO CTS AN OWNCR Of PROPERTY WHO BUILDS OR IMPROVES THEREON. AND WHO CONTRA FOR SUCH PROACTS WITH CCNBC A CONTRACTORRI LICENSEDLICENSEDPURSUANT TO THE O ❑ 1 AM EXEMPT UNDER SEC . e BP.C. FOR THIS REASON WORK MUST DE STARTED WITHIN A PERIOD OF 160 DAYS FROM PLAN CHECK VALIDATION CK. M.O. CASH POL,y NO cewre -- ❑ CERTIFICO COPY I} HEREBY PURNIENCO. ❑ CEHtlr,ED COPY IC PILED WITH THE BUILOINO DEPARTMENT. DATE APPLICANT CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE R o ux0RE0 rtNla Amnon NEED NOT UK COMPLETED m . / DOLLARS ICI001 Dfl LCUSJ n dl 15 CONSTRUCTION LENDING AGENCY I HENRY MAFFIRMCC OF THAT WORK F IS A CONSTRUCTION LCNOINO AGENCY FOR TNL PDONMANCC O! TMC WOflN FOR WHICH THIS PERMIT 15 IDBYCD tSFC. 3017. CIYA1 LCNRER'S RAMC LENDER'S ADDRESS Lw/ Eat.Val. $ P1C FD Final Val. $ CAD $ DATE OF VALIDATION OR THIS PI PERMIT VALIDATION CK• 'Other Fees $ POrmll Fee $ Adz. PIC Foe $if1 f � M.O. i . 6077 0 . 1 06/07/89-..• EL 0 U b7 O U LD 121 Ei Z 16..5U TOT). 'o I I I iz Peor%yr 17L r-4 t7 .. .... L= , amov",j 10to tile 1111.-,Llalar.s or CO. ltQ ZXSn'a't;L ISSUAIICC 1717 A i.M!IX.DlIIG P ERMIT .T BY 1'11" CJ*'Y OF SZ!ACR r %Ikll ;L ...... .. DOES UOT r-'LIZVR i41PLIC-M,TOF rm wl Yaln :,Mur i: i1t. Lx LEGAI, RE; U 'jo OB6E.R7E RESTRIC-M14i V.'41014 IlAy LIE HECORDE t.(;AX.'TST1'l-'E?,ROrI2RTY OR TO OPTAIN COMMUNITY ASSOCIATION APPROVAL, OF PLANS, MOVE -31JE M4.; • '�� 1':„ f; 4C@RIB FP4�1.1—., • .I:., . ... ; r:, .'. , : ,•.; !/ CITY CF WG'NPCIi70GAON, CAUF, • P4i35 aaprCS.� I3L cC;'sLUI13C x2 sCMeel f3 ftPi reC'i'rE;ne 5 CI • ^ NR•C"LlilaIR:gWtimsc.ZFL:,:in2 a]U Y.rny RSy^IPC[Urli 0P ._.. _._._ .._..-. 2 it ltag:ut Bit:S,CSr„rrd.rns_nam5t!a3ns ru wn> nC fx:.W]:Vtl UL h:C�Yd Ca ,:ua Sr L•IJFg;j±a��;l Rf It' Cods% fell Cli.t;shl,^.Gttl hl W!]eWGLn: ]'G%ICIEf�f: /,•VLMJI .ICV •.•_••••••—•• •••••• CI I!u CIh CI R^A,,atlar_L, I,,- :1.: cu.II SI Sn; .In .NC fur S.uh as 11:Yc ^,3 h.r•2:: PL•c:;l It.cJ Dedmr� IJ um 'Ln:35ld F�llir Lf3 Lit A,'.14;iN15NLW:t iYt745a]9omv0+l. •• _'•:• ••+. . ewl nhn n......._u.. .. r i6t-1t•L. ►2s> I�r Fx�r I.ac� , ..� -'---- ....._..._._._..;:. � .;_ L l orJ St:rtNfl ....,..... ....... _:.. 51.'�G,7�GT^c . fit, P. ►/�t4'� Q 1 f�l! �'v." j�a.a4L � ' . _.... ... • cl Ira 5AT PtSK qb 'nrrl ItYYC ' l 11 '4I tC111AN,ac 4, ORDINANCE NO. 89- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.75 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE REGULATION OF SATELLITE DISH ANTENNAS. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Chapter 20.75 of the Newport Beach Municipal Code is added to read as follows: CHAPTER 20.75 SATELLITE DISH ANTENNAS Sections: Section 20.75.005 Section 20.75.010 Section 20.75.020 Section 20.75.030 Section 20.75.035 Section 20.75.040 Section 20.75.045 Section 20.75.050 Section 20.75.060 Section 20.75.065 Section 20.75.070 Section 20.75.005. Findings. Definitions. Permit Requirements. Development Standards. Satellite Dish Antenna Permit. Issuance of Permit. Appeal. Fees. Notice. Nonconforming Antennas. Separability. Findings. The City Council of the City of Newport Beach, in adopting this Ordinance, finds and declares as follows: A. The Federal Communications Commission has adopted a rule which preempts local government satellite antenna regulations that differentiate between satellite dishes and other forms of antennas unless the regulations have a reasonable and clearly defined health, safety or aesthetic objective, do not operate to impose unreasonable limits on, or prevent, reception of satellite signals and do not impose excessive costs on the users of the antenna. B. Satellite dishes differ from other antennas in size, shape and weight, and these differences, when considered in light of related FCC rules that restrict regulation of the height of amateur radio facilities, make it impossible to treat satellite dishes and other antennas in the same manner. C. The regulation of satellite dish antennas, as provided in this ordinance, operates to preserve the unique scenic quality of the City of Newport Beach and to protect the safety and welfare of persons living and working in Newport Beach in that: 1. The City of Newport Beach has an international reputation as a premiere residential community with scenic and recreational resources that attract residents and visitors alike. 2. The unique charm and beauty of the residential, waterfront commercial, and recreational areas of the City of Newport Beach contribute to high residential and commercial property values. These same attributes attract large numbers of tourists and business travelers which account for a large percentage of the City's economy. The failure to maintain, and enhance, the charm and beauty of Newport Beach would result in reduced property values, reduced revenue for those businesses that 1 serve the many visitors to Newport Beach, and fewer jobs for those who live, and those who want to work, in Newport Beach. 3. The Land Use Policies in the General Plan and Zoning Ordinances of the City of Newport Beach seek to maintain and enhance those qualities that make Newport Beach one of the most desirable places to live, work or visit. The land use element of the General Plan requires the City to adopt zoning ordinances and other development standards to ensure that the beauty and charm of existing residential neighborhoods is maintained and that commercial and office projects are aesthetically pleasing as well as compatible to surrounding uses. This policy is to be implemented, in part, through the adoption of ordinances which, to the maximum extent permitted by law regulate or restrict the placement of satellite dishes and other visually obtrusive objects. 4. The unique charm and character of Newport Beach is preserved, in large measure, by ordinances, policies and regulations which, among other things, restrict and regulate the height and location of structures, related facilities or equipment and landscaping. 5. Satellite dish antennas, due to their size, shape, bulk, weight, and overall appearance, would, if unregulated, reduce the charm, and beauty, and aesthetics of residential and commercial areas within Newport Beach. Satellite dish antennas, due to their size and bulk, are likely to block views of natural or manmade features of interest to public and owners of private property. Since the value of property in Newport Beach is linked to views available from the property, any reduction in views caused by satellite dish antennas is likely to significantly reduce property values. Satellite dish antennas, if improperly located, could reduce views of, and from, public streets and alleys and create significant risks to motorists and pedestrians alike. The size and bulk of satellite dish antennas significantly reduces open space, and their overall appearance gives the impression of even greater reductions in open space. The futuristic appearance of satellite dish antennas is, to a considerable extent, inconsistent with the character and aesthetics of many of existing residential, commercial and recreational areas within Newport Beach. The proliferation of satellite dish antennas could significantly reduce the charm and beauty of those areas, and result in substantial reductions in property value, and reductions in income derived from the tourist and business traveler. D. The provisions of this ordinance represent an effort to minimize the.impact of the regulations on the right of individuals to receive satellite delivered signals and, in the opinion of the�City Council, constitute the least intrusive means available to the City to mitigate the potential adverse impacts on the, safety and welfare of our residents and the quality and aesthetics of the community. E. It is the intent of the City Council that this ordinance be administered and interpreted such that it does not constitute an unreasonable limitation on the reception of satellite delivered signals or the transmission of such signals and that the costs associated with processing applications for permits and comply with conditions imposed by those permits are not excessive in light of the cost of the purchase and installation of the regulated equipment. Section 20.75.010. Definitions.. A. Satellite Dish Antenna/Antenna. The term "satellite dish antenna" or "antenna" shall, for the purposes of this Chapter, mean any parabolic and/or disk shaped antenna of either solid or mesh construction, intended for the purposes of 2 receiving communications from an orbiting satellite transceiving or transmitting signals or communications to a satellite, as well as all supporting equipment necessary to install or mount the antenna. Section 20.75.020. Permit Requirements. Satellite dish antennas that conform to the development standards in Section 20.75.030 are permitted as accessory uses in all zoning districts subject to the issuance of a building permit. Satellite dish antennas that do not conform to Section 20.75.030 shall be permitted in all zoning districts subject to issuance of a satellite dish antenna permit and building permit. Section 20.75.030. Development Standards. A. Setbacks. No portion of any satellite dish antenna shall be located in any required setback area provided, however, satellite dish antennas which do not exceed six (6) feet in height may be located in any required side yard setback behind the front yard setback and in any rear yard setback where the rear yard setback is not adjacent to an alley. B. Number. No more than one satellite dish antenna shall be permitted on a building site. C. Color. All satellite dish antennas not screened shall be painted in a manner compatible with the structures on the site. D. Sign. No sign of any kind shall be posted or displayed on any satellite dish antenna. E. Ground Mounted Satellite Dish Antennas. (1) Size. The diameter of a ground mounted dish antenna shall not exceed ten (10) feet. (2) Height. Except as provided in Paragraph A, above, the height of any portion of a ground mounted dish antenna shall not exceed fifteen (15) feet. (3) Location. In all residential zones a ground mounted dish antenna shall be located on the rear one-half of the building site, provided, however, if a building site borders a public street and any waterway, beach, bluff, or park, the satellite dish antenna shall be located in the middle one- third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the property line adjacent to the public street. (4) Other Requirements. Ground mounted dish antennas shall not reduce area required, by provisions of this Code, for parking, internal circulation, landscaping or other development standard criteria. F. Roof Mounted Antennas. (1) Size. The diameter of any roof mounted satellite dish antenna shall not exceed ten (10) feet. (2) Height. Roof mounted antennas shall not: (a) If installed on a flat roof the antenna shall not exceed the height limit for the district; 3 (b) If installed on a sloping roof the antenna shall not exceed the height limit for the district applicable to sloping roofs and the highest point of the antenna shall not exceed the maximum height of the permitted ridge line. (3) Location. Roof mounted dish antennas shall be mounted on the rear one-half of the•building site or the rear one-half of the building furthest from the primary access to the site, whichever is furthest from the front property line, provided, however, if a building site borders a public street and any waterway, beach, bluff, or park, the satellite dish antenna shall be located in the middle one-third (1/3) of the lot measured from the property line adjacent to the public street to the rear property line, mean high tide line, actual high tide line, or bulkhead line, whichever is closest to the property line adjacent to the public street. In the case of a sloping roof, the antenna shall be mounted on the lower two-thirds (2/3) of the roof plane to which it is attached. (4) Wiring. All electrical and antenna wiring shall be placed underground or otherwise screened from view. (5) Permanent Mounting. For a land based installation, all dish antennas shall be permanently mounted and no antenna may be installed on a portable or movable structure. Section 20.75.035. Satellite Dish Antenna Permit. An application for a satellite dish antenna permit shall be made on forms provided by the Planning Department and shall be accompanied by the following: (1) Site plans drawn to scale and dimensioned, showing the proposed location of the antenna in relation to property lines, setbacks, and any structures on the site. (2) Manufacturer's specifications for the antenna. (3) Specific details of any equipment associated with the installation of the antenna such as footings, guide wires and braces, including roof top mounts if applicable. (4) Elevations drawn to scale and dimensioned so as to fully describe the proposed structure and any proposed screening. (5) Written consent of the property owner. (6) Statement of the reasons why strict conformance with the development standards specified in Section 20.75.030 will: (a) Unreasonably limit, or prevent, reception or transmission of satellite signals; (b) Result in excessive expense in light of the cost of purchase and installation of antenna; or (c) Be necessary to achieve the goals and objectives specified in this Chapter. Section 20.75.040. Issuance of Permit. (a) The Planning Director shall issue a permit for any satellite dish antenna if strict compliance with the provisions of Section 20.75.030: 4 1. or prevent, reception received signals; 2. development standards and installation costs 3. of this Chapter. Will result in unreasonable limitations on, or transmission of satellite delivered or The cost of strict would be excessive in of the antenna; or compliance with the light of the purchase Is not necessary to achieve the objectives (b) In the event the applicant demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Planning Director shall issue the permit subject to any conditions necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs. Section 20.75.045. Appeal. An applicant for a satellite dish antenna permit may appeal a decision of the Planning Director to the Planning Commission. The appeal must be filed within thirty (30) days after written notice from the Planning Director of the decision denying the permit or the decision imposing conditions on the permit. The Planning Commission may preside over the appeal, or may appoint a hearing officer to take evidence and submit proposed findings and recommendations to the Planning Commission. The Planning Commission shall render a decision within thirty (30) days after the hearing or receipt of findings and recommendations from the hearing officer. In the event the applicant is not satisfied with the decision of the Planning Commission, the applicant may appeal to the City Council by filing written notice of appeal with the City Clerk within twenty-one (21) days following notice of the action of the Planning Commission. The hearing before the City Council shall be set within thirty (30) days from the date of the appeal. The City Council may appoint a hearing officer to take evidence and make findings and recommendations if the Planning Commission presided over the initial appeal. The City Council shall render its decision within thirty (30) days after the hearing on the appeal. The decision of the City Council shall be final. Section 20.75.050. Fees. No person shall be charged a fee for applying for a satellite dish antenna permit. Fees for an appeal to the Planning Commission or City Council shall be established by resolution of the City Council. Section 20.75.060. Notice. Whenever notice is required pursuant to the provisions of this chapter, notice of a decision shall be deemed given when the decision is announced by the Planning Commission or City Council at the hearing on the appeal, or written notice of the appeal is deposited in the United States mail, first class, postage prepaid, and addressed as specified on the application for satellite dish antenna permit. Section 20.75.065. Nonconforming Antennas. Satellite dish antennas in existence as of the effective date of this Chapter shall be considered legal and non- conforming. Nonconforming satellite dish antennas may be enlarged, expanded or relocated only if -the satellite dish antennas are brought into compliance with the provisions of this ordinance, unless the expansion, enlargement or relocation is necessary to permit reasonable use of the satellite dish antennas 5 and, in such event, a satellite dish antenna permit shall be obtained prior to any such expansion, enlargement or relocation. Section 20.75.070. Separability. ,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 competent jurisdiction, such decision shall not affect the validity of the remainder of the ordinance. Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. meeting the day of ATTEST: Section 3: of the City day of . City Clerk SATDISH.11 This Ordinance was Council of the City , 1989, 1989, by the AYES, NOES, ABSENT Mayor 2 introduced at a regular of Newport Beach held on and adopted on the following vote, to -wit: