Ordinance - 1801ORDINANCE NO. 1801
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE
WEST COVINA MUNICIPAL CODE, CHAPTER 26,
ARTICLE XII BY ADDING NEW DIVISION 16 WHICH
RELATES TO DEVELOPMENT STANDARDS FOR THE
INSTALLATION AND MAINTENANCE OF RECEPTION AND
TRANSMISSION ANTENNAS. (Amendment No. 211)
• WHEREAS, by direction of the Planning Commission, the
Planning staff studied and analyzed the City's regulations as
they relate to development standards for the installation and
maintenance of reception and transmission antennas; and
WHEREAS, the Planning Commission, upon giving the required
notice, did on the 16th day of November, 1988, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, a Negative Declaration of Environmental Impact
was prepared for the Code Amendment pursuant to the
requirements of the California Environmental Quality Act of
1970, as amended; and
WHEREAS, the City Council of the City of West Covina
considered evidence presented by the Planning Department,
Planning Commission, and other interested parties at said
public hearing held on December 19, 1988; and
WHEREAS, the oral and documentary evidence considered in
connection with the Code amendment reveal the following facts:
1. There currently exist a large number and wide variety of
antennas used for commercial and non-commercial purposes
throughout the City of West Covina.
2. The West Covina Municipal Zoning Code does not presently
contain development standards for the installation and
maintenance of any type of antenna.
3. The General Plan of the City has as its objectives
preserving the residential character of West Covina by
maintaining land uses in a manner which (a) enhance the
environmental qualities of the community, and
(b) considers the health, safety, convenience and welfare
of the residents of the City.
4. Antennas which are poorly designed or sited conflict with
the health, safety and aesthetic objectives of the City.
5. Antennas consisting of a solid or wire mesh surface are
(a) more intrusive upon the environment than single or
multiple -pole antennas due to their mass, and (b)
necessitate Building Department review and approval prior
to installation pursuant to the Uniform Building Code.
6. Federal Communication Commission rules permit local
regulations which distinguish between various types of
antennas as long as said regulations have (a) a valid
objective, (b) do not operate to preclude or unreasonably
prevent reception, and (c) do not impose excessive costs
upon the owner of the antenna.
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WHEREAS, based on the evidence presented to the City
Council both oral and documentary, the City Council finds as
follows:
1. If properly designed, sited, and installed, antenna based
communication systems can be a positive contribution to
the health, safety, and welfare of the community with
minimal aesthetic impacts.
2. Amendment no. 211 is consistent with the General Plan
objectives of preserving the residential character of West
Covina by maintaining land uses in a manner which (a)
enhances the environmental quality of the community, and
(b) considers the health, safety, convenience, and welfare
of the residents of the City.
NOW THEREFORE, the City Council of the City of West Covina,
California, does ordain as follows:
SECTION NO. 1: Based on the evidence presented and the
findings set forth, Amendment No. 211 is hereby approved as
consistent with the City's General Plan and appropriate for the
regulation of antennas.
SECTION NO. 2: Chapter 26, Article XII is hereby amended
by adding Division 16 to read as follows:
Article XII - Special Requirements for Unique Uses
Division 16: Reception and Transmission Antennas
26-685.980 Purpose:
This division sets forth the development standards for the
installation and maintenance of antennas within all land -use
zones of the City. The purpose of these regulations is to
ensure that the design and location of antennas are consistent
with the health, safety, and aesthetic objectives of the City,
while providing for the technical requirements of these
antennas.
26-685.981 Regulation Application:
Unless otherwise exempt by this division, the regulations set
forth herein shall apply to antennas used for both commercial
and non-commercial purposes. The regulations do not apply to
antennas used to service public utility stations, yards and
similar facilities which are governed by Article XI (Non
Residential Uses.) and require an unclassified use permit.
26-685.982 Definitions:
(a) Antenna. Any system of wires, poles, rods, reflecting
discs, or similar devices of various sizes, materials and
shapes including but not limited to solid or wire mesh
dish, horn, spherical, or bar configured arrangements,
used for the transmission or reception of data, facsimile,
television, voice or other forms of telecommunications.
Any such system is further defined to be external to or
attached to the exterior of any building.
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(b) Antenna Support Structure. A mast, pole, tripod or tower
utilized for the purpose of supporting an antenna(s) as defined
above.
(c) Amateur and/or Citizen Band Antennas. Antennas used for the
operation of amateur and/or citizen band radio stations and
which are licensed by the Federal Communication Commission.
(d) Reception window. The area within the direct line between a
land -based antenna and an orbiting satellite.
(e) Obstruction -free reception window. The absence of man-made or
natural physical barriers that would block the signal between a
satellite and an antenna.
26-685.983 Installation of Antennas:
(a) All antennas and antenna support structures shall be installed
and maintained in compliance with the requirements of the City
of West Covina Municipal Code Chapter 7 (Buildings and Building
Regulations), the Uniform Building Code, and the manufacturer's
structural specifications.
26-685.984 Exemptions:
(a) The regulations of this division do not apply to amateur radio
antennas when said regulations would prevent the regular trans-
mission and reception of amateur radio signals.
26-685.985 Prohibited Antennas in Residential Zones:
(a) No radio or telecommunication "transmission" antennas shall be
permitted in residential zones, except that those of amateur
radio operators who are licensed by the Federal Communications
Commission and capable of providing emergency communication
service to the public, or that conform to the regulations of
this Article and Article XII, Division 5, Home Occupations.
(b) Antennas with a solid or wire mesh surface with a diameter or
maximum width greater than twelve feet are prohibited in
residential zones.
26-685.986 Development Standards:
(a) Location on property.
1. Residential Zones.
a. No antennas and antenna structures shall be permitted
in the required side yard or front yard.
b. No antennas shall be permitted within five (5) feet of
the rear property line.
c. No antennas consisting of a solid or wire -mesh
surface shall be permitted on the roof except as
permitted through the approval of a variance
application.
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2.
Commercial Zones
•
a. No antennas and antenna support structures shall be
permitted in required front or street side yard.
b. No antennas and antenna support structures shall be
permitted within fifteen (15) feet of the portion of a
rear or side yard line that abuts a residentially
zoned or developed site.
c. No antennas and antenna support structures shall be
permitted in a required parking space.
d. Roof mounted antennas are permitted subject to the
roof mounted screeening standards per Subsection
26-685.986(d)3 of this Division.
(b) Height Restrictions
1. The height of an antenna shall be the total maximum to
which it is capable of being raised.
2. No ground mounted antennas and antenna support structures
shall exceed 45 feet in height measured from the average
finished grade of the subject site.
3. No roof mounted antennas and antenna support structures
shall exceed 20 feet above the peak of the roof.
(c) Lot Coverage
1. Lot coverage shall be determined as the ground space
obscured from the sky by the antenna and antenna support
structure, regardless of height.
2. Antennas and antenna support structures shall comply with
the lot coverage requirements of the underlying zone.
(d) Screening Standards
1. All antennas and antenna support structures shall be as
visually unobtrusive as possible.
2. To the extent feasible as determined by the Planning
Director, all antennas consisting of a solid or wire mesh
surface and antenna support structure shall be 75%
screened when viewed from ground level from any adjacent
public right-of-way, parks, schools, or residentially zone
properties. Such screening may consist of solid fencing,
block wall - including the existing perimeter fence/wall
on the site, landscaping or any combination thereof. In
the case of a roof -mounted installation, such screening
may incorporate features of the existing roof (e.g. a
parapet, the slope of a pitched roof), landscaping, or
fencing which is compatible with the design and material
of the existing development on the site.
26-685.987 General:
(a) Antenna surfaces shall not be painted or shiny bright colors
and shall be treated so as not to reflect glare from sunlight.
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(b) No signage or lighting shall be incorporated into or attached
to any antenna or antenna support structure, except to indicate
danger.
(c) All antennas must be permanently and properly grounded for
protection against a direct strike of lighting, with an
• adequate ground wire as specified by the Electrical Code.
(d) All electrical wires shall be protected in conduit, which shall
be undergrounded or fixed to the ground and/or building.
26-685.988 Provision for Relief:
Relief from the development standards contained herein may be
granted by the Planning Commission subject to the approval of a
variance application if the following specific findings can be
determined:
1. That none of the permitted locations or height
restrictions for antennas and antenna support structures
provide for an obstruction -free reception window of said
antenna as per blockage by the primary on -site structure
or off- site buildings and trees of abutting properties;
and/or,
2. Existing natural geographic conditions preclude an
obstruction -free reception window.
SECTION NO. 3: The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published as required
by law.
ATTEST:
PASSED AND APPROVED this 9th day of January, 1989
City Clem
Y Y
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Ordinance No.1801 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 12th day of December, 1988. That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 9th day of January, 1989
by the following vote, to wit:
AYES: Councilmember: Tarozzi, McFadden, Lewis, Bacon, Manners
NOES: Councilmember: None
ABSENT: Councilmember: Pone
City C rk
APPROVED AS TO FORM:
City Attorney
Y
CERTIFICATION
• L, JANET BERRY, City Clerk of the Cityof
West .Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
Janet Berry, City Clerk
City of West Covina, California
DATED: —%U -0