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HomeMy WebLinkAboutORD 338ORDINANCE NO. 338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 25.56.301 PROVIDING STANDARDS FOR THE INSTALLATION OF HOME SATELLITE RECEIVERS AND AMENDING SECTION 25.56.300 A CLASS 5 CATEGORICAL EXEMPTION FOR THE PURPOSES OF CEQA. CASE NO. ZOA 12-82 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of May, and 26th day of May, 1983, hold a duly noticed public hearing, to consider adding Section 25.56.301 providing standards for the installation of home satellite receivers and amending Section 25.56.300. WHEREAS, the Palm Desert Planning Commission, by Resolution No. 851, has recommended approval; and, WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined the project is a Class 5 Categorical Exemption; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve Case No. ZOA 12-82: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That is does hereby approve a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Chapter 25 by establishing standards for the installation of home satellite receivers. 3. The city clerk is directed to publish this ordinance once in the Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of June, 1983, by the following vote, to wit: AYES: JACKSON, KELLY, PULUQI, SNYDER, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE . P LUQI, Mayor /pa ORDINANCE NO. 338 EXHIBIT "A" Section 25.56.300 The height of a structure (amended) Section 25.56.301 Home satellite receivers (added) AMENDED: 25.56.300 The height of a structure. It shall be measured vertically from the average elevation of the finished grade to the highest point of the structure directly above; provided, that a roof shall be measured to the highest point of the roof. The height of a fence or a wall used as a fence shall be measured from the higher finished grade adjoining the fence or wall. Towers, spires, cupolas, chimneys, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials and antennas except home satellite receivers, commercial transmission towers, fire towers and similar structures and necessary mechanical appurtenances covering not more than ten percent of the ground area covered by the the structure may be erected to a height of not more than sixty-five feet or not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less. Utility poles and towers shall not be subject to the height limits prescribed in any district regulations. ADDED: 25.56.301 Home satellite receivers - A satellite receiving dish of five feet or more in diameter must conform to the following standards depending on location. A. PLANNED RESIDENTIAL DEVELOPMENTS: Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street. B. OTHER RESIDENTIAL AREAS: The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within 5 feet of a property line. Height from existing or finish adjacent grade, whichever is less, shall not exceed 14 feet if within 20' of a property line or 18' otherwise. C. COMMERCIAL AND INDUSTRIAL AREAS - Architectural commission approval for design and screening is required if receiver is visible from a public street or adjacent property. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening.