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ORD 342U ORDINANCE NO. 342U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING ORDINANCE NO. 341 U, WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE OR I/ 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, TO APRIL 20, 1999, 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 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 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 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 the Rancho Palos Verdes Municipal Code which are set forth in 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 y that originally were contemplated; and WHEREAS, because the ad hoc subcommittee expanded the issues regarding antennas that were being studied and was still in the process of completing a draft ordinance to be presented to the Planning Commission and City Council as of the end of October, 1998, on November 4, 1998, the City Council conducted a I/ duly noticed public hearing and adopted Ordinance No. 341U, which is a moratorium ordinance that is broader in scope than Ordinance No. 336U; and WHEREAS, the purpose of Ordinance No. 341U is to ensure that commercial antennas, amateur antennas, and their support structures, which would conflict with the proposed ordinance and regulations, will not be approved by the City while the new ordinance is being prepared and adopted; and WHEREAS, although the ad hoc sub-committee has prepared a draft ordinance for presentation to the Planning Commission and the City Council, those legislative bodies will not be able to conduct public hearings regarding the proposed ordinance and complete the legislative process of amending the Municipal Code prior to the expiration of Ordinance 341U, on December 19, 1998; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 341 U, adopted on November 4, 1998, is hereby extended until April 20, 1999. Section 2 . Ordinance No. 341 U is being extended for the period specified in Section 1, so that the City will be able to complete the process of studying issues pertaining to commercial and amateur antennas and adopting development standards, conditions of approval, and regulations concerning the appropriate number and location of 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. 341 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. ORDINANCE NO. 342U PAGE 2 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 regulations necessary to accomplish the City's legitimate purposes. Clarification of the City's existing regulations is I/ 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 commercial antennas 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 2, the City. Council previously directed that studies be undertaken 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, ham radio antennas, and antenna support structures to be placed on any lot or parcel, and applicable development standards relating to those antennas and antenna support structures that will best protect the public health, safety, and welfare. E. Pending the completion of the revisions to the Rancho Palos Verdes Municipal Code 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, commercial antennas or ham radio antennas 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 antennas. The construction of commercial or amateur radio antennas that would conflict with future zoning regulations would be highly detrimental to the neighborhoods surrounding such antennas 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. ORDINANCE NO. 342U PAGE 3 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 I/ 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. PASSED, APPROVED AND ADOPTED this 1st day of December, 1998. 41/11P Ade r MAYOR ATTEST: As JP' t Of � l CITY CLERK S ATE 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. 342U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December 1, 1998, and that the same was passed and adopted by the following roll call vote: AYES: BYRD, FERRARO, LYON, McTAGGART AND MAYOR HOLLINGSWORTH NOES: NONE ABSENT: NONE ABSTAIN: NONE P ITY CLERK ORDINANCE NO. 342U PAGE 4 ORDINANCE/RESOLUTION NO. ORD. NO. 37a'LL FILE:1203 X 1801 SUBJECT: EXTENDING ORDINANCE NO. 341U, WHICH IMPOSED A MORATORIUM ON THE ACCEPTANCE FOR PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, COMNERCIAL ANTENNAS OR HAM RADIO ANTENNAS ON ANY LOT WITHIN THE CITY, AND DECLP.RING THE URGENCY THEREOF. INTRODUCED: ADOPTED: 12/1/98 POSTED/PUBLISHED: /AM/1P ORDINANCE AND RESOLUTION DISTRIBUTION: CITY ATTORNEY UBLIC WORKS DEPT. /Z/4e/94 RICHARDS, WATSON & GERSHON LAN. BLDG. & CODE ENFORCEMENT 333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT. e//'/''L S ANGELES, CA 90071 CITY MANAGER DEPT. /a/8j9. FINANCE DEPT. BOOK PUBLISHING COMPANY HOMEOWNERS ASSOCIATION 201 WESTLAKE AVE. NORTH APPLICANT SEATTLE, WA 98109 SCHOOL DISTRICT REGISTRAR SOUTH BAY MUNICIPAL COURT 12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE. NORWALK, CA 90651-1024 TORRANCE, CA 90503 ATTN: ELECTIONS ADM. ATTN: EXECUTIVE OFFICES (STREET VACATIONS/EASEMENTS/ LEAGUE OF CALIFORNIA CITIES ABANDONMENTS/ NAME CHANGES/ 702 HILTON CENTER DEDICATIONS/TRAILS) LOS ANGELES, CA 90017 L.A. COUNTY REGISTRAR-RECORDER L.A.COUNTY DEPT.OF PUBLIC 12400 E. IMPERIAL HIGHWAY PUBLIC ROADS NORWALK, CA 90651-1024 ATTN: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBR.A, CA 91802-1460 500 WEST TEMPLE STREET LOS ANGELES, CA 90012 STATION COMMANDER (OWNERSHIP, EXEMPTION & MAPPING DIV. ) 16123 NARBONNE AVENUE LOMITA, CA 90717 S0. CALIFORNIA GAS COMPANY 2929 182ND STREET COX CABLE REDONDO BEACH, CA 90278-3922 43 PENINSULA ATTN: M. LOW BALLING HILLS EST. , CA 90274 SO. CALIFORNIA EDISON COMPANY r� INSTITUTE OF GOVERNMENTAL P.O. BOX 2944 STUDIES /-aJc7/9p TORRANCE, CA 90509 LIBRARY, 109 MOSES HALL UNIVERSITY OF CALIFORNIA CALIFORNIA WATER SERVICE CO. BERKELEY, CA 94720 5837 CREST ROAD WEST (7T.rTh ��� ,�a\\n�1n ' RANCHO PALOS VERDES, CA 90275 ( os�-ec�. �' a ZA.1 A 4t.•\ I ' .\( - 4--1. 1 GENERAL TELEPHONE COMPANY )1o)qer �Q�Cct. J.. �d'�-- 22715 HAWTHORNE BLVD. 1 Z/ �ti SSL°. k0.C�i TORRANCE, CA 90505 -?&C < ?a S4 \ c e- - PACIFIC TELEPHONE COMPANY L' 4 . Co ,,,r.,k.i '-"��cc- tAA ) k 19310 GATEWAY DRIVE, RM. 208 TORRANCE, CA 90502 N: \CITYCLERK\FORMS\CNTRLSHT.CC