ORD 338U ORDINANCE NO. 338U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
EXTENDING ORDINANCE NO. 336 U, WHICH IMPOSED A
MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER
ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, MORE
THAN ONE COMMERCIAL ANTENNA SUPPORT STRUCTURE OR
HAM RADIO ANTENNA SUPPORT STRUCTURE ON ANY LOT
WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF
WHEREAS, on April 7, 1998, the City Council of the City of Rancho Palos
Verdes adopted Ordinance No. 336 U, which established a moratorium on the
acceptance and processing of applications and the granting of permits or entitlements
to construct or install on any lot within the City more than one commercial antenna
support structure or ham radio antenna support structure; and
WHEREAS, the City Council directed City staff and the Planning Commission to
commence immediately such studies and hearings as may be required to adopt and
implement development standards, conditions of approval, and regulations concerning
the appropriate number and location of support structures of commercial antennas and
ham radio antennas; and
WHEREAS, pursuant to the direction of the City Council, the Planning
Commission appointed an ad hoc subcommittee of the Commission to study the issue
and develop recommendations to be presented to the Planning Commission and City
Council, and the subcommittee has commenced the process of gathering information
and to prepare recommendations, but that process has not yet been completed; and
WHEREAS, in accordance with the provisions of Government Code Section
65858, a public hearing was duly noticed, pursuant to the provisions of Government
Code Section 65090, to be held at the regular City Council meeting of May 19, 1998, so
that the City Council can receive public testimony and consider whether Ordinance No.
336 U should be extended for an additional ten months, fifteen days; and
WHEREAS, said duly noticed public hearing was held by the City Council on
May 19, 1998;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 336 U, adopted on April 7, 1998, is hereby extended
for an additional ten months, fifteen days, or until April 6, 1999.
Section 2. Ordinance No. 336 U is being extended for the period specified in
Section 1, so that the City will be able to complete the process of studying the issue
and preparing development standards, conditions of approval, and regulations
concerning the appropriate number and location of support structures for commercial
antennas and ham radio antennas.
Section 3. The City Council finds and determines that the immediate
preservation of the public health, safety, and welfare requires the extension of
Ordinance No. 336 U, and that this interim ordinance be enacted as an urgency
ordinance and take effect immediately. Said finding and determination is based
upon the following:
A. The Telecommunications Act of 1996 was recently enacted by the United
States Congress, and that Act, including implementing regulations promulgated by the
Federal Communications Commission, imposes significant limitations on the ability of
municipalities to regulate the placement of commercial antennas and commercial
wireless telecommunications facilities within their boundaries.
B. The City is mandated by federal law to carefully craft its local regulations
to reasonably accommodate amateur radio communications and to impose the
minimum practical regulation necessary to accomplish the City's legitimate purposes.
Clarification of the City's existing regulations is required in order to determine whether
"reasonable accommodation of amateur radio communications necessarily requires
that the City continue to authorize two ham radio antenna support structures per lot, as
now provided for in Section 17.76.020(C)(1)(a) of Chapter 17.76 of the Municipal Code.
C. The City reasonably anticipates the filing of applications by commercial
wireless telecommunications service providers to construct and install on a particular
lot or parcel more than one commercial antenna and related equipment, including
antenna support structures, which applications must be reviewed and processed within
a relatively short period of time. Similarly, the City reasonably anticipates the filing of
applications by ham radio operators to construct and install on a particular lot or parcel
more than one ham radio antenna support structure.
D. As set forth above in Section 2, the City Council has directed that studies
be undertaken forthwith as to appropriate modifications to the City's Zoning Ordinance
and other regulatory ordinances for the purpose of determining the optimum number of
support structures for commercial antennas and for ham radio antennas to be placed
on any lot or parcel, and applicable development standards relating to those antenna
support structures that will best protect the public health, safety, and welfare.
Ordinance No. 338U
Page 2 of 4
E. Pending the completion of the studies referenced above in Section 2, it is
necessary for the immediate preservation of the public health, safety, and welfare that
this interim ordinance take effect immediately. In the absence of immediate
effectiveness, more than one commercial antenna support structure or ham radio
antenna support structure may be constructed or installed on a lot or parcel, so as to
conflict with regulations or requirements that ultimately are adopted with respect to
these types of antenna support structures. The construction of antenna support
structures that would conflict with future zoning regulations would be highly detrimental
to the neighborhoods surrounding such structures and, accordingly, constitutes an
immediate threat to the public health, safety and welfare of the residents of the City.
Section 4. For the reasons specified above in Section 3, this interim ordinance is
necessary for the immediate preservation of the public health, safety, and welfare. This
is an urgency ordinance adopted in accordance with Section 65858 of the California
Government Code, and it will take effect immediately upon adoption.
Section 5. The City Council declares that the provisions of this interim ordinance
are severable. If, for any reason, any sentence, paragraph, or section of this interim
ordinance is determined by a court of competent jurisdiction to be invalid, such
determination will not affect the validity of the remaining provisions of this interim
ordinance.
Section 6. The City Clerk is directed to certify to the passage and adoption of
this interim ordinance and to cause the full text of this interim ordinance to be posted
and/or published as required by law.
PASSED, APPROVED AND ADOPTED this 19th day of May, 1998.
MAYOR
ATTEST:
CI r CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
Ordinance No. 338U
Page 3 of 4
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 338U was duly and regularly adopted by the City Council of said City at
a regular meeting thereof held on May 19, 1998 and that the same was passed and
adopted by the following roll call vote:
AYES: HOLL INSWORTH, LYON, MCTAGGART AND MAYOR FERRARO
NOES: NONE
ABSENT: BYRD
ABSTAIN: NONE
CITY:I LERK
M:1USERSUOELR\WPOAN8O\DEVCODEIAMT'ENNAS\MOR-EXT.ORD
Ordinance No. 338U
Page 4 of 4
ORD. NO. 338U .
11:4:k!!!
RANCHO PALOS VERDES
STATE OF CALIFORNIA •
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and
says:
That at all times herein mentioned, she was and now is
the appointed City Clerk of the City of Rancho Palos Verdes;
That on MAY 27, 1998 AT 11 : 00A.M. , she caused to be
posted the following document entitled:
EXTENDING ORD. NO. 336U WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE
OR PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER
ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, MORE THAN ONE COMMERCIAL
I. \ ► ► - • •• : • : • _U ;: I • !► ► ► _ • •• : RE ON ANY
LOT WITHIN THE CITY, AND DECLARING THE URGENCY THEREOF.
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U. S. Post Office
28649 S. Western Ave . Ladera Linda Community Center
Rancho Palos Verdes . 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd . Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd . ,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting .
/Th
CITY CLERK ---
(i
•
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274.5391 / (213) 377-0360