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ORD 341U ORDINANCE NO. 341 U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES DECLARING AND IMPOSING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, COMMERCIAL ANTENNAS OR HAM RADIO ANTENNAS ON ANY LOT WITHIN THE CITY DURING THE TERM OF THIS INTERIM ORDINANCE, 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 for 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 preparing 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 could 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 I/ the City Council on May 19, 1998; and WHEREAS, at the conclusion of the public hearing on May 19, 1998, the City Council extended Ordinance No. 336U until December 7, 1998; and WHEREAS, the ad hoc subcommittee of the Commission has conducted numerous public meetings to gather information, to study issues pertaining to commercial and amateur radio antennas, and to prepare revisions to a proposed ordinance that is to be presented to the Planning Commission and City Council; and WHEREAS, based on information which has been presented to the ad hoc subcommittee, the subcommittee has studied issues regarding antennas and antenna support structures beyond those that originally were contemplated; accordingly, the process of drafting and revising a proposed ordinance will not be completed by December 7, 1998; and WHEREAS, because the ad hoc subcommittee has expanded the issues regarding antennas that are being studied and has not yet completed the ordinance, it is recommending to the City Council that a new and broader moratorium ordinance be adopted to ensure that neither antennas nor antenna support structures will be approved by the City which will conflict with the forthcoming ordinance; and WHEREAS, based on the recommendation of the subcommittee, a duly noticed public hearing was scheduled before the City Council to consider the adoption of a moratorium ordinance, which is broader in scope than Ordinance No. 336U, pursuant to the provisions of Section 65858 (b) of the California Government Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Notwithstanding any other ordinance or provision of the Rancho Palos Verdes Municipal Code, no p erson may construct or install, and the City of Rancho Palos Verdes may not accept, process, approve or grant applications for business licenses, building permits, variances, conditional use permits, or other entitlements to construct or install on any lot within the City any commercial antenna or ham radio antenna, as those terms are defined below in Section 4. Section 2., The moratorium established in Section 1 above does not apply to the construction or installation of any commercial antenna or ham radio antenna for which all permits, or other approvals or entitlements, have been obtained as of the effective date of this interim ordinance. The moratorium established in Section 1 above also does not apply to any commercial antenna or ham radio antenna for which no permit, approval or entitlement is required by the existing provisions of the Rancho Palos Verdes Municipal Code. Section 3 . This interim ordinance is adopted in accordance with Section 65858 of the Government Code and will expire and terminate forty-five (45) days after the date of its I/ adoption unless extended by the City Council following a noticed public hearing. Section 4 ., As used in this interim ordinance, the following terms have the meanings set forth below: ORD. NO. 341U PAGE 2 A. "Commercial antenna" means all antennas, parabolic dishes, relay towers and antenna support structures used for the transmission or reception of radio, television, and communication signals for commercial purposes. "Commercial antenna" does not I/ include antennas owned or operated by governmental agencies; and microcell cellular antennas, owned and operated by state licensed cellular telephone utility companies, located on existing utility poles within the public right-of-way. C. "Ham radio antenna" means an antenna and antenna support structure used for noncommercial, amateur "ham radio" operations by the occupant of the property where the antenna and/or antenna support structure is located. Section 5. The City Council directs City staff and the Planning Commission to continue the studies and hearings that were commenced earlier this year as may be required to adopt and implement development standards, conditions of approval, and regulations concerning the appropriate number and location of commercial antennas and ham radio antennas, and to report their recommendations to the City Council so as to enable the City Council to issue a written report not less than ten (10) days prior to the expiration of this interim ordinance, as required by Government Code Section 65858 (d) . Section 6. The City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires 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 I/ 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. ORD. NO. 341U PAGE 3 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 a 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 ham radio antennas and antenna support structures that may conflict with new regulations which will be adopted by the City. D. As set forth above in Section 5, the City Council has directed that studies be continued as to appropriate modifications to the City's Zoning Ordinance and other regulatory ordinances for the purpose of determining the optimum number of commercial antennas and ham radio antennas to be placed on any lot or parcel, and applicable development standards relating to those antennas that will best protect the public health, safety, and welfare. E. Pending the completion of the studies referenced above in Section 5, 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, commercial antennas or ham radio antennas may be constructed or installed on a lot or parcel, so as to conflict with regulations or requirements ultimately adopted with respect to these types of antennas. Section 7. For the reasons specified above in Section 6, 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 (b) of the California Government Code, and it will take effect immediately upon adoption. Section 8. 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 9. 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 as required by law. I/ ORD. NO. 341U PAGE 4 PASSED, APPROVED AND ADOPTED this 4th day of November, 1998. ‘44Aw640 YOR C ATTEST: 1/2 1.,;.A Y LE' ST 'E OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) 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; the foregoing Ordinance NO. 341U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on November 4, 1998 and that the same was passed and adopted by the following roll call vote: AYES: HOLLINGSWORTH, BYRD, LYON, McTAGGART AND MAYOR FERRARO NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY CLERK 1/ ORD. NO. 341U PAGE 5 ORDINANCE 341U RANCHO PAIDS VERDES 1111;';!!!!1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes es 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 November 10, 1998 , she caused to be posted the following document entitled: DECLARING AND IMPOSING A MORTATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, COMMERCIAL ANTENNAS OR HAM. .RADIO ANTENNAS ON ANY LOT WITHIN THE CITY DURING THE TERM OF THIS INTERIM ORDINANCE, 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 . CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274.5391 i (213) 377-0360 •