HomeMy WebLinkAboutOrd 15491
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
ClT OF BURLINGAME
601 PRIMROSE ROAD
BURLINGAME, CALIF. 94010
ORDINANCE NO. 1549
ORDINANCE REVISING ANTENNA REGULATIONS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as
follows:
Section 1. Chapter 18.18 of the Burlingame Municipal Code is hereby amended
to read as follows:
CHAPTER 18.18
18.18.010 Purpose
1, Satellite Antennas
Most homes in Burlingame are either built on flat lots or on hillsides. The flat
lots
are typically
of relafively small size with substantial lot coverage. Hillside
developments
are
visible from
a wide area. Placement of satellite antennas can interfere
with views of
streetscape, natural vegetation and scenery in both flat and hillside azeas. Therefore, in order
to maintain the aesthetic objective of minimal intrusion into views of neighborhood
streetscape, existing landscaping, long distance views and other natural effects, itis necessary
that satellite antennas in residential zones be placed in the least obtrusive location upon
residential properties while still allowing access to satellite signals. The purpose of this
ordinance is to establish criteria for the location of satellite antennas consistent with federal
stan
dards, as amended in March 1996.
2. Ham and CB Antennas
The purpose of this ordinance is to establish criteria for the location, height and
bulk of ham radio and CB antennas that will reasonably accommodate amateur radio activities
and create the minimum interference with those activities consonant with promoting local
safety an
d aesthetic interests.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
AnoRNEr
OITYOOF flURLINGAME
601 VRIMROSE ROAO
BUflLINGAME. GLIF.84010
3. Other Antennas
The purpose
of
this
ordinance is to establish locational restrictions that will
mitigate the visual impact
of
other
types of antennas.
18.18.020 Definitions.
1. "Antenna" means any combination of wood, metal, wire or other substance,
which either alone or in combination with any supports, is erected or constructed for the
purpose of receiving or transmitting radio, television or any other electronic or other type of
signal.
2. "Satellite antenna" is an antenna capable of receiving communications from a
transmitter or a transmitter relay located in planetary orbit. Satellite antennas are sometimes
referred to as "satellite earth station antennas," and "satellite dish antennas."
3. "Elam" or "CB antenna" is a radio receiving and transmitting antenna for
amateur radio and citizens band operation.
18.18.025 Placement of Satellite Antennas
Satellite an
tennas shall be installed in compliance with the following standards:
1. Any satellite antenna that is forty inches (40") or less in diameter may be
installed without restri
ction in any zone.
2. Any satellite antenna that is larger than forty inches (40") but less than seven
feet (T) in diameter may be installed in any residential zone in compliance with the following
standards :
(a.) No part of the antenna shall exceed seven feet (T) in height fr
om
the ground level directly beneath it;
(b.) The antenna shall be installed in the rear yard and not within the
side setbacks, extended to the rear property line;
-z-
1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
CITY AT.DRNEY
CITY OF BURLINGAME
$01 PRIMROSE ROAD
BURUNGAME, CAUF 84010
(c.) The antenna shall be made of non -reflective material or painted
with a non -reflective paint;
(d.) The antenna shall be screened by walls, fences, vegetation or other
materials from view of the first floor of buildings on adjacent properties and from
any public right of way within 100 feet.
3. Any satellite antenna that is seven feet (7') or less in diameter may be installed
in any nonresidential zone. Any satellite antenna located in the C-1 zone must be screened
by walls, fences, vegetation or other materials from view of the first floor of buildings on
adjacent properties and from any public right of way within 100 feet.
4. No satellite antenna larger than forty inches shall be installed on a roof or in any
location that does not comply with these standards without obtaining an antenna exception,
as provided in section 18.18.040.
18.18.030 Ham, CB and other regulated antennas.
Any antenna, other than a satelli
te dish antenna, shall comply with the following
standards in any zone
1. If the antenna is mounted on the ground:
(a.) No part of the antenna shall be more than twenty five feet (251) in
height from the ground level directly beneath it; and
(b.) The antenna shall be installed in the rear yard and no portion of
the an
tenna shall be located within or extend into the side setbacks, extended to
the rear propert
y line; or
2. If the antenna is mounted on the roof:
(a) No part of the antenna shall be more than ten feet (10') above the
closest portions of the roof on which it is mounted or exceed eight feet (8') in
length; and
(b.) No part of the antenna shall be located or extend within three feet
(3') of any roof edge.
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
CM AT ORNEY
CITU OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME.0 F.94010
I
Any antenna
that does not
comply with these standards shall obtain an antenna
exception,
as provided in
section 18.18.040.
18.18.040 Antenna Exception.
1. Any person may apply for an exception from the antenna ordinance by applying
for an antenna exception in accordance with the provisions of this section.
2. Application for an antenna exception shall be made upon forms provided by the
City Planner and shall include the following information:
(a)
Name, address and
telephone number of the
applicant;
(b)
Address and zoning
district of the property on which the antenna
is to be attached or erected;
(c) Description of the proposed antenna, including location, height and
width or diameter, and general description of the proposed installation..
(d) Description of any existing antenna, including location, height and
width or diameter.
(e) Site plan
which shall include the dimensions of the property,
setbacks, and location of the proposed antenna and all structures, including any
existing antennas.
3. When the application requests an exception for a satellite antenna, the applicant
shall provide the following additional information, in addition to the information required
pursuant to paragraph (2.) of this section:
(a) The applicable circumstan
ces and conditions existing on the
property which materially limit transmission or reception if the antenna is placed
according to the standards in section 18.18.025(2).
(b) Locations on the property where the antenna can be located so that
satellite signals can reasonably be received, including both placement and height.
The City Planner, Planning Commission or City Council shall have discretion to
require the applicant to submit a site study, prepared at the applicant's cost,
-4-
1
2
3
4
5
6
7
8
9
l0
11
12
I3
14
15
I6
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
ClT OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CALIF. 94010
identifying the locations where an antenna can be installed without materially
limiting transmission.
(c) The cost of purchase and cost of proposed installation of the
proposed antenna.
(d) The cost of trimming trees or removing other obstacles to
reception at locations that meet the standards set forth in Section 18.18.025(2.).
(e) Ways in which vegetation could be planted or trimmed to both
provide screening and maintain a line of sight to satellites.
4. When the applicant requests an exception for a ham or CB antenna, the applicant
shall provide the following additional information, in addition to the information required
pursuant to paragraph (2.) of this section:
(a) The location and design of an antenna that will reasonably
accommodate the amateur's right to engage in ham radio transmissions while
having the least visual intrusion on the surrounding properties.
(b) The nature an
d extent of amateur communications in which the
applicant engages, including time, duration, places contacted an
d so forth.
(c) The City Planner, Planning Commission or City Council shall have
discretion to require the applicant to submit a site reception study, prepared at
the applicant's cost, to identify the locations and design of the antenna that will
have the least visual impact on surrounding properties, maximize public safety,
and reasonably accommodate the applicant's right to engage in amateur
communications.
5. When the applicant requests an exception for an antenna, other than a satellite,
ham or CB antenna, the applicant shall provide, in addition to the information required
pursuant to paragraph (2) of this section, any other information relating to antenna
configuration, network design and site selection which affects the aesthetic impact of the
an
tenna:
1
2
3
4
5
6
7
8
9
10
1
I2
I3
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
cmcoF eursuNCAME
9PRIMROSE ft
BURLINCIME, CALIF 940 94010
6. The City Planner shall charge a fee for an antenna exception which shall be
established by resolution of the City Council and shall be consistent with the fees charged for
sign exceptions.
18.18.060 Planning Comruission Action on Antenna Exceptions.
1. An application for an antenna exception shall be processed pursuant to the
procedures for granting a special permit in Chapter 25.16 of this code.
2. In granting or denying an antenna exception for a satellite antenna, the Planning
Commission shall consider the following:
(a) Locations where the satellite dish antenna can be installed without
materially limiting reception;
(b) Whether installing the satellite dish in such locations imposes costs
of screening or pruning vegetation or other costs that exceed the price of
purchasing and installi
ng the antenna;
(c) The maximum extent to which the antenna can comply with the
standards in Section 18.18.025(2.) for size, location and screening while
achieving reasonable reception of preferred programming.
3. In granting or denying an antenna exception for a ham, CB or other antenna,
the Planning Commission shall consider the following:
(a) The maximum extent to which the antenna can comply with the
standards in section 18. 18.030(l) and (2) for size, location an
d screening while
reasonably transmitting and receiving radio and television signals.
(b) Whether or not the antenna may be reasonably accommodated
based on considerations of public health, safety, welfare and aesthetics.
4. If the information in the record before the Commission demonstrates that the
antenna can
be redesigned or .relocated to reduce potential
safety or visual
impacts, the
Commission
may impose conditions requiring the
redesign or designating the
relocation of
the antenna.
As an alternative, the Commission
may direct
the applicant to
redesign the
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
JEROME F. COLEMAN
oiTr Arroarver
CITY OF BU RLINGAME
501 PRIMROSE ROAO
BURLINGAME, GLIF. 94010
antenna or designate a different location that will be less visually intrusive and resubmit the
revised proposal for further consideration.
18.18.070 Engineering report required.
Where the total weight of an antenna exceeds five hundred pounds or where the total
height of the pole and antenna exceeds twenty-five feet (25') measured from the adjacent
grade or, when built upon a building, where the total height of the roof mount and the
antenna, exceeds fifteen feet (15') above the surface of the roof, the building official shall
require that a plan and engineering calculations for wind load, bracing and foundation be
prepared by a licensed civil or structural engineer. Such plans and specifications shall be
prepared to meet or exceed the applicable requirements for such construction as set forth in
Chapter 18.08 of this code as adopted or as it may be subsequently amended
18.18.080 Antennas Existing on the Effective D:rte of This Chapter
Antennas existing prior to the adoption of the ordinance codified in this chapter and
constructed or installed in accordance with codes that were applicable at the time of
construction or installation may remain in place. Any such antennas that would not be
allowed under this ordinance shall be deemed non conforming. Any an
tenna that was
constructed or installed in violation of any prior ordinance shall either be removed or an
application for an antenna exception shall be filed within thirty (30) days after the effective
date of the ordinance codified in this chapter.
Section 2. Ordinance 1327, June 16, 1986; Ord. 1513, Dec. 5, 1994; and
Ord. 1519, March 6, 1995 are repealed.
Section 3. This ordinance shall be published as required by law.
1
2
3
4
5
6
7
8
9
10
14
15
16
17
18
19
20
21
22
23
24
25
26
JERO ME F. COLEMAN
CITYOOF BU RLINGAME
5PRIMROSE ROAD
BURLINGAME, GLI F. 94010
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby
certify that the foregoing ordinance was introduced at a regular meeting of the City Council
held on the 1st day of JULY . 1996, and adopted thereafter at a regular meeting of the
City Council held on the 15th day of JULY . 1996, by the following vote:
AYES: COUNCILMEMBERS HARRISON, JANNEY AND KNIGHT
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS O'MAHONY AND SPINELLI
C?4&
City Clerk
CITY OF BURLINGAME
SUMMARY OF ADOPTED ORDINANCE
AMENDING ANTENNA REGULATIONS
Pursuant to Government Code Section 36933 (c)(1)
following is a summary of Ordinance No. 1549 adopted
July 15 1996:
Amends the current ordinance regulating installation and
location of antennas to conform with recent Federal
Communication Commission orders.
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: O'MAHONY, SPINELLI
A certified copy of said adopted ordinance is
available in the City Clerk's office, 501 Primrose Road,
Burlingame, California.
Dated: July 16, 1996
F. COLEMAN, City Attorney
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE
AMENDING ANTENNA REGULATIONS
Pursuant to Government Code Section 36933(c)(1) the
following is a summary of proposed Ordinance No. 1549
Amends the current ordinance regulating installation and
location of antennas to conform with recent Federal
Communication Commission orders.
Said ordinance was introduced on JuIY 1 1996; a
public hearing thereon will be held July 15 , 1996, at 7:00
p.m. at the City Council Chambers, Burlingame City Hall, 501
Primrose Road, Burlingame, California.
A copy of said proposed ordinance is available in the City
Clerk's office, 501 Primrose Road, Burlingame, California.
r
Dated•
Prepared by
F. COLEMAN
City Attorney