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ORD 632U ORDINANCE NO. 632U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45- DAYMORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF NONCOMMERCIAL AMATEUR RADIO ANTENNAS ASSOCIATED WITH §17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. WHEREAS, §17.76.020 (Antennas) of the Rancho Palos Verdes Municipal Code (RPVMC) regulates the placement of commercial and noncommercial antennas within the City. Commercial antennas are those that are used for the transmission or reception of radio, television, and communication signals for commercial purposes, and noncommercial amateur radio antennas are radio operations, as defined by the Federal Communication Commission (FCC), where there is no transmission or propagation on a commercial frequency and where there is no transmission for hire or for material compensation. WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the City's first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the development, design, and location of commercial antennas. WHEREAS, on March 22, 1999, Ordinance No. 345 amended §17.76.020 of the RPVMC to include provisions for regulating noncommercial amateur radio antennas. WHEREAS, on March 11, 2002, OrdinanceNo. 374U was adopted to amend §17.76.020(C)(3)(c)(ii) to limit the number of building-mounted noncommercial amateur radio antennas and support structures which can be erected without a permit from the City. The Urgency Ordinance was intended to prohibit exempt antennas from being misused by individuals seeking to make commercial use of noncommercial antennas. WHEREAS, Government Code Section 36937 expressly authorizes the City Council to adopt an Urgency Ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council. To this end, this Ordinance is adopted for the immediate preservation of the public peace, health, and safety, given the potential impacts associated with noncommercial amateur radio antennas in the City's residential zoning districts. WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, §15000 et. seq., the City's Local CEQA Guidelines, and Government Code §65962.5(f) (Hazardous, Waste and Substances Statement), it has been determined that the proposed interim Urgency Ordinance is exempt from CEQA because (a) this ordinance is not a project within the meaning of CEQA §15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly; (b) this ordinance is also exempt pursuant to CEQA §15061(b)(3) since the proposed ordinance involves an urgency ordinance establishing a 45-day temporary moratorium on the establishment, expansion, or modification of amateur radio antennas and does not have the potential to significantly impact the environment; and (c) as the Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the RPVMC and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. WHEREAS, all legal prerequisites to the adoption of the interim Urgency Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Authority and Effect A. The State Planning and Zoning Law, Government Code §65000 et seq., broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public safety, health, and welfare, and a balancing of property rights and the desires of the community and how its citizens envisions their city. B. Government Code §65858 expressly authorizes the City, in order to protect public safety, health, and welfare, to adopt an interim Urgency Ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended for an additional 10 months and 15 days. SECTION 2. Definitions. "Noncommercial Amateur radio antenna" as referred to in §17.96.100 of the RPVMC, means an antenna or antenna support structure used for noncommercial amateur radio operations, as defined by the Federal Communications Commission, and where there is no transmission or propagation on a commercial frequency and where there is no transmission for hire or for material compensation. "Director" means the Director of Community Development, and his/her designee. 01203 0005/632892 4 Ordinance No. 632U Page 2 of 6 "Establishment" means to bring into existence-(a new facility). — "Expansion" means: 1. An increase in the height or width (of the antenna and/or the supporting structure) by 10% or more of an existing antenna. 2. Construction of any new amateur radio antenna on private property. "Modification" means making any changes or upgrades to an existing antenna. Routine repair or replacement of parts that does not increase the size or visibility of the antenna from nearby properties or from the public right-of-way shall not be considered a modification. "Permit" means any City planning land use approvals, any new business license tax permit (including the transfer of a business license from one owner to another), and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial. "RPVMC" means the Rancho Palos Verdes Municipal Code. SECTION 3. Findings The City Council of the City of Rancho Palos Verdes hereby finds, determines, and declares that: A. Subsections (C) (Noncommercial amateur radio antennas) and (D) (Noncommercial amateur radio antenna permit) of 17.76.020 (Antennas) of the RPVMC governs the use and permitting of noncommercial amateur radio antennas on private property. These provisions were adopted in 1999 pursuant to Ordinance No. 345, and have not been updated since that date. B. The provisions governing the use and permitting of noncommercial amateur radio antennas are outdated and inconsistent with the following Goals and Policies of the City's General Plan: 1. Circulation Element Goal No. 1.1: "Ensure adequate public utilities and communication services to all residents, while considering environmental, aesthetic, and view impacts." Circulation Element, pg. C-5. 2. "One of the founding principles of the City of Rancho Palos Verdes is to maintain its rural character, a large component of which is its expanse of open land." Conservation and Open Space Element, pg. COS-36. 3. Land Use Element Goal No. 1.10: "Preserve the rural and open character of the City through zoning, cooperation with other jurisdictions, and acquisition of open space land." Land Use Element, pg. L-7. 4. "With urban design, the City is concerned with ensuring that the development of each parcel or additions to existing structures occurs in a manner that is harmonious with the land and also maintains an architectural 01203 0005/632892 4 Ordinance No. 632U Page 3 of 6 aesthetic and character representative of the neighborhood and the City." Visual Resources Element, pg. V-4. 5. "Neighborhood compatibility is an urban design concept that attempts to balance new residential development with the preservation of the rural and semi-rural character of the City." Visual Resources Element, pg. V-13. 6 Circulation Element Policy No. 52: "Balance the need to accommodate wireless communications coverage in the community with the need to protect and maintain the quality of the environment for residents. All new proposals to construct wireless communication facilities shall be reviewed using guidelines adopted and kept current by the Planning Commission and, where applicable, considering covenants, conditions, and restrictions. These guidelines shall balance public and private costs, and benefits to the greatest reasonable extent, and encourage colocation of facilities and the use of evolving wireless communication technologies to minimize impacts." Circulation Element, pg. C-8. C. The City Council recognizes that the City must reasonably accommodate amateur communications and enact the "minimum practicable regulation to accomplish the state or local authority's legitimate purpose," 47 C.F.R. § 97.15(b), and that the City can zone for height, safety, and aesthetics concerns, but its restrictions must not be overly restrictive. D. The provisions of §17.76.020 (Antennas) allow nonexempt noncommerical amateur radio antennas to rise to a height of 41'. This height is not compatible with residential neighborhoods throughout most of the City, as 41' antennas would greatly exceeded the height of all residential buildings and accessory structures in residential neighborhoods, and will create an adverse visual impact on those neighborhoods. E. The City has received an application for a freestanding nonexempt noncommercial amateur radio antenna that would be 41' tall, as measured from existing adjacent grade to the top of the antenna assembly. The structure would be as tall as a 4-5 story building, and would be severely detrimental to the visual character of the neighborhood. F. The City Council wishes expeditiously to update the RPVMC's provisions relating to noncommercial amateur radio antennas so as to be compatible with the neighborhoods where they will be erected. SECTION 4. Moratorium During the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for permit will be made, and no permit will be issued by the City for the establishment, expansion, or modification of any amateur radio antenna within the City until this Ordinance has expired or has been repealed according to applicable law. Further, all processing of existing applications for permits shall be suspended immediately. 01203 0005/632892 4 Ordinance No. 632U Page 4 of 6 r SECTION 5. Review and Study A. City Staff, the Planning Commission, and the City Council, each requires a reasonable period of time to study existing noncommercial amateur antenna regulations to determine the potential adverse impacts on the aesthetics of properties within the City, and to make recommendations on appropriate updated regulations for amateur communications facilities on private property. B. The City Council desires to establish, on an urgency basis, a temporary moratorium on the establishment, expansion, or modification of noncommercial amateur radio antennas within the City through the adoption of this Ordinance to further the purposes stated herein. SECTION 6. City Actions During the period of this Moratorium, and any extension thereof, the Director shall: (1) review and consider options for the regulation of noncommercial amateur radio antennas, and (2) shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance with the City Council 10 days prior to the expiration of this Moratorium, or any extension thereof, and (3) shall make the report available to the public. SECTION 7. Urgency Measure The City Council finds that there is a current and immediate threat to public safety, health, and welfare posed by the existing noncommercial amateur radio antenna regulations, in that allowing antennas that may result in structures that are 4-5 stories in height in single-family residential neighborhoods would be permanently and irreversibly detrimental to the visual character of those neighborhoods. SECTION 8. Severability The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. SECTION 9. Publication The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law. SECTION 10. Effectiveness of Ordinance 01203 0005/632892 4 Ordinance No. 632U Page 5 of 6 This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code§36937. This Ordinance shall be of no further force and effect 45 days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code §65858. Not later than 10 days prior to the expiration of this interim urgency ordinance, the City Council shall issue a written report as required by applicable state law. PASSED, APPROVED and ADOPTED this 4th day of March 2020. John ikUIshank, Mayor ATTEST: duigilea.,-A,/cbei)ice Emil g orro, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. 632U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 4, 2020, by the following vote: AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank NOES: None ABSENT: None ABSTAINED:None 4 Dc,te, 4tCborn, Cit;Glerk 01203 0005/632892 4 Ordinance No. 632U Page 6 of 6 4,0! •w4 111 CITY OF 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 City Clerk of the City of Rancho Palos Verdes; That on March 5, 2020, she caused to be posted the following document entitled: ORDINANCE NO. 632U, AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-DAY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF NONCOMMERCIAL AMATEUR RADIO ANTENNAS ASSOCIATED WITH §17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the forego. g is a true and correct affidavit of posting. 'NU IOW Clerk