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ORD 374U ORDINANCE NO. 374U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING AMATEUR ANTENNAS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1: Paragraph 3 c ii of Section 17.76.020 C of Chapter 17.76 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: ii. One building mounted antenna assembly which does not exceed twelve feet in height, as measured from the point where the antenna assembly meets the roof surface, and which contains radiating elements each of which does not exceed six feet in total length. If the antenna assembly is mounted onto the roof, or if any portion of the antenna assembly projects above the roofline, not more than one antenna may be affixed to antenna support structure. Section 2: Section 17.96.120 of Chapter 17.76 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: 17.96.120 Antenna support structure. "Antenna support structure " means a pole, tower, or other structure used to support one or more antennas. An antenna support structure may be a guyed or an unguyed independent structure or a structure mounted to an accessory or main building. Section 3: This Ordinance shall not apply to any portion of any building- mounted antenna assembly, including any antenna support structure, radiating elements or antennae, which was erected at its current location, in accordance with all applicable code requirements, prior to June 1, 2001. Section 4: Section 17.76.020 of the Rancho Palos Verdes Municipal Code regulates the placement of amateur and commercial antennae within the City of Rancho Palos Verdes ("City"). Based upon the provisions of regulations and orders promulgated by the Federal Communications Commission ("FCC"), and the provisions of the 1996 Telecommunications Act, the City imposed less stringent requirements on the placement of antennae and antenna support structures that are to be used for amateur purposes than the requirements that have been imposed on antennae that are to be used for commercial purposes. To that end, a category of exemptions for certain amateur antennae and their support structures, which would be smaller in size and would not cause adverse impacts on the surrounding neighborhoods, so that amateur antenna (or "ham") radio operators could erect them at their homes without having to obtain a permit . from the City. Meanwhile, some individuals who erected antennae that allegedly were to be used solely for amateur purposes have filed applications to convert those antennae to commercial use. In January, 2002, in a lawsuit that was filed by an individual seeking to use alleged amateur antennae for commercial purposes, the federal district court ruled that substantial evidence was not present in the record to justify the City's decision to deny that individual's application for a conditional use permit to make commercial use of existing amateur antennae. If this decision is not reversed on appeal, it establishes judicial precedent that could be used to allow the current exemption for certain amateur antennae to be used by individuals seeking to make commercial use of those antennae and profit thereby by adding more antennae and support structures on residential structures to the detriment of the surrounding residential neighborhoods and the public health, safety and welfare. Unlike amateur operators, who do not have a financial incentive to increase the number of antennae at their properties, those seeking eventually to convert antennae to commercial use have an incentive to misuse the current exemption by placing as many antennae on a residential property as possible and then obtain a permit to operate commercially, to maximize their economic return. This ordinance amends one of the categories of exemptions for amateur antennae and support structures to limit the number of building-mounted antennae and support structures that can be erected without a permit from the City. To avoid the substantial delay that will be caused by the delay in the effectiveness of new regulations governing exempt antennae and the corresponding adverse impacts to the public health, safety and welfare of the City's residents and the general public, if the number of exempt amateur antennae and their support structures can be so easily increased and then converted for commercial use, it is necessary for this ordinance to become effective immediately. It is therefore urgent that the enactment of new regulations governing exempt antennae be adopted so that the current exemption cannot be misused by individuals seeking to make commercial use of amateur antennae, especially since one such application currently is pending before the City, and the antenna assembly on that property has been altered and expanded while the application for commercial use was pending. Based on the foregoing, the City Council hereby finds that this ordinance is necessary for the immediate preservation of the public health, safety and welfare, hereby declares the facts constituting the urgency, and passes this ordinance by at least a four- fifths vote of the City Council. Accordingly, this measure is adopted immediately Ordinance No. 374U Page 2of3 upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b). Section 5: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED and ADOPTED this 11th day of March 2002. 1 , /(3 ,,, i jr€4r' it, Mayo ATTEST: 7 ' I /,tec,„,,ze ._?,„ City Clerk STATE 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; that the foregoing Ordinance No. 374U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 11, 2002, and that the same was passed and adopted by the following roll call vote: AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart NOES: None ABSENT: None ABSTAIN: None , /:19 '-- e6e,e--(--1-C City Clerk Ordinance No. 374U Page 3 of 3 jig RANCHO PALO S 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 March 14, 2002 she caused to be posted the following document entitled: ORDINANCE NO. 374U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING AMATEUR ANTENNAS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF a copy of which is attached hereto, in the following locations: City Hall Hesse Park 30940 Hawthorne Blvd. 29301 Hawthorne Blvd Rancho Palos Verdes Rancho Palos Verdes Ladera Linda Community Center Ryan Park 32201 Forrestal Drive 30359 Hawthorne Blvd., Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. libitilLePRi City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv