ORD 637U ORDINANCE NO. 637U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR
RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO
ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS
AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF
WHEREAS, Section 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; and
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; and
WHEREAS, on March 22, 1999, Ordinance No. 345 amended Section 17.76.020
of the RPVMC to include provisions for regulating noncommercial amateur radio
antennas; and
WHEREAS, on March 11, 2002, Urgency Ordinance No. 374U was adopted to
amend Section 17.76.020(C)(3)(c)(ii) to update the regulations of building-mounted
noncommercial amateur radio antennas and support structures which can be erected
without a permit from the City; and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment,
expansion, or modification of noncommercial amateur radio antennas associated with
Sections 17.76.020(C) and (D) in order to review, research, and initiate code
amendments to the aforementioned sections to update the regulations and review
procedures for noncommercial amateur radio antennas so as to be compatible with the
neighborhoods where they are erected; and
WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance
No. 634U, to extend the moratorium period enacted by interim urgency ordinance No.
632U by an additional 10 months and 15 days, to allow Staff adequate time to research
and prepare code amendment proceedings; and
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 urgency ordinance is adopted for the immediate preservation of the public
peace, health, and safety, given the long time lapse since the last update to the
noncommercial antenna ordinance and the current COVID-19 pandemic in which
noncommercial amateur radio antennas have the potential to provide a valuable
emergency communication tool to the City and the general public; and
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 Section 65962.5(f) (Hazardous Waste and
Substances Statement), it has been determined that the proposed 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
adopting code amendments that do 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 environment111
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; and
WHEREAS, all legal prerequisites to the adoption of the 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 Section 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.
Section 2. Findings
The City Council of the City of Rancho Palos Verdes hereby finds, determines, and
declares that:
Ordinance No.637U
Page 2 of 4
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
since have not been comprehensively reviewed for updates until a moratorium was
imposed pursuant to Urgency Ordinance No. 374U, in order to address potential impacts
associated with noncommercial amateur radio antennas in the City's residential zoning
districts.
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. Section 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 City Council finds that the proposed draft ordinance amending Sections
17.76.020(C) and (D) of the RPVMC meets the goals and objectives of the City as initiated
at its March 4th meeting, in that visual impacts, compatibility with the surrounding uses,
compliance with FCC regulations, and consistency with the City's General Plan have
been taken into consideration.
E. The City Council wishes to immediately adopt the proposed code
amendment in Exhibit "A" attached hereto, and thereby lift the moratorium on the
establishment, expansion, or modification of any amateur radio antennas within the City
as noncommercial amateur radio antennas have become a means for emergency
communication under the current COVID-19 pandemic, in which the updated regulations
should be implemented in a timely manner.
Section 3. 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 antenna regulations, in that the
ordinance has not been updated for nearly two decades, and hence, is necessary for the
City to immediately adopt the proposed draft ordinance. In addition, noncommercial
amateur radio antennas are a valuable communication tool to the City and the general
public in times of emergency. The moratorium imposed on noncommercial amateur radio
antennas pursuant to Urgency Ordinance No. 374U is no longer necessary if the
proposed draft ordinance is adopted, which allows processing applications related to
Sections 17.76.020(C) and (D) of the RPVMC without further delay.
Section 4. 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
Ordinance No 637U
Page 3 of 4
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 5. Publication
The City Clerk shall certify as to the passage and adoption of this urgency
ordinance and shall cause the same to be published in a manner prescribed by law.
Section 6. Effectiveness of Ordinance
This Ordinance shall take effect immediately, pursuant to the authority conferred
upon the City Council by Government Code Section 36937.
PASSED, APPROVED and ADOPTED this 6th day of October 2020, by a four-fifths
vote of the entire City Council.
( 1,11
44
John ikshank, Mayor
ATTEST:
mi Colborn Citj C;erk
y y
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. 637U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on October 6, 2020, by the following vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAINED:None
Erni y Colborn, City Clerk i
Ordinance No.637U
Page 4 of 4
EXHIBIT A
ORDINANCE NO.637U
ORDINANCE NO.638
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTIONS 17.76.020(C)
(NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO
ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17
(ZONING)OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATIONS AND REVIEW
PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO ANTENNAS
WHEREAS, the City regulates the installation of noncommercial amateur radio antennas pursuant to Sections 17.76.020(C)and(D)
of the Rancho Palos Verdes Municipal Code(RPVMC);and
WHEREAS,the City desires to update Sections 17.76.020(C)and(D)to ensure antenna structures are aesthetically compatible with
surrounding uses that will not adversely alter the visual character of the surrounding area,and are consistent with the goals and policies of
the City's General Plan;and
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;and
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance No.632U, which imposed a temporary 45-day
moratorium on the establishment, expansion, or modification of noncommercial amateur radio antennas associated with Sections
17.76.020(C)and(D)in order to review, research,and initiate code amendments to the aforementioned sections to update the regulations
and review procedures for noncommercial amateur radio antennas so as to be compatible with the neighborhoods where they are erected;
and
WHEREAS,on April 7,2020,the City Council adopted Urgency Ordinance No.634U,to extend the moratorium period enacted by
interim Urgency Ordinance No.632U by an additional 10 months and 15 days,to'allow Staff adequate time to research and prepare code
amendment proceedings;and
WHEREAS,on July 28,2020,the Planning Commission held a duly-noticed public
hearing,at which time the draft ordinance was reviewed and discussed among the Planning Commission,Staff,and interested parties.The
item was continued to
August 25,2020,and subsequently to September 22,2020,to allow Staff additional time to incorporate the input received and reach out to
interested parties for comments on the revised draft ordinance;and
WHEREAS,on September 20 and 24,2020,a public notice was published in the Daily Breeze and the Palos Verdes Peninsula News,
respectively, providing a notice of a public hearing before the City Council on October 6,2020;and
WHEREAS,on September 22,2020,the Planning Commission held a duly-noticed public hearing,and adopted P.C.Resolution No.
2020-14,recommending that the City Council adopt this Ordinance;and
WHEREAS,on October 6,2020,the City Council conducted a duly noticed public hearing on this Ordinance,and all testimony was
received was made a part of the public record;and
WHEREAS,the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C.
Resolution No.2020-14,written staff reports,and any testimony provided at the public hearing;and
WHEREAS,the City's standards,constitute"the minimum practicable regulations"to accomplish the City's legitimate purpose and
will"reasonably accommodate amateur radio service communications and allow those structures to be erected at heights and dimensions
sufficient to accommodate amateur radio service communication per California Government.Code Section 65850.3 and Section 97.15 of
the Title 47 of the Code of Federal Regulations;and
WHEREAS,all legal prerequisites to the adoption of the Ordinance have been met.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
Ordinance No 637U
Exhibit A
Page 1 of 7
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance that Sections 17.76.020(C)(Noncommercial Amateur Radio Antennas)and(D)
(Noncommercial Amateur Radio Antenna Permit)of Chapter 17.76(Miscellaneous Permits and Standards)of Title 17(Zoning)of
the RPVMC be amended to update the development standards for noncommercial amateur radio antennas.
Section 2. The proposed code amendment to Title 17 adopted herein is consistent with the Rancho Palos Verdes General Plan and
Coastal Specific Plan in that it upholds,and does not hinder,the goals and policies of those plans.
Section 3. Sections 17.76.020(C) (Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio Antenna
Permit)of Chapter 17.76(Miscellaneous Permits and Standards)of Title 17(Zoning)of the RPVMC is hereby amended as follows.
"17.76.020—Antennas.
C. Noncommercial Amateur Radio Antennas.
1.Applicability.This subsection C regulates noncommercial amateur radio antennas that are affixed to real property
and antennas that are located on vehicles parked on lots which exceed sixteen feet in height, as measured pursuant to the
residential building height measurement methods described in Section 17.02.040(View preservation and restoration)-of this title.
This,subsection does not regulate hand held antennas or antennas located on vehicles parked on lots which are sixteen feet or less
in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040 (View
preservation and restoration)of this title.
2. General Regulations. The installation, erection—and/or replacement of noncommercial amateur radio antenna
assemblies on lots for noncommercial purposes shall be reviewed by the Director through either an antenna Site Plan Review
application or by the Planning Commission through a noncommercial amateur radio antenna permit application.
a.Antenna assemblies which meet the following criteria shall be considered legal nonconforming. i) legally
permitted by the City or the County prior to City incorporation,and which conform to the codes in effect when installed,
but do not meet the provisions of this code;and are ii)existing as of the effective date of this code.
b.Antenna assembly height shall be measured as follows:
i.The height of the antenna assembly shall include the antenna(s)support structure and shall be the
maximum to which it is capable of being extended;
ii. For a ground mounted assembly or one mounted on an accessory structure,the height shall be
measured from the highest point of the existing grade covered by the foundation of the structure to the
maximum height to which the antenna assembly is capable of being extended,and
iii. Except for exempt antennas described in subsection (C)(3)(c)(i1) of this Section,for an antenna
assembly mounted on a main building or an accessory structure, height shall be measured from existing grade
to the maximum height to which the antenna assembly is capable of being extended,pursuant to the residential
building height measurement methods described in Section 17.02.040(View preservation and restoration)of
this title.
c. Noncommercial amateur radio antennas shall not be located within any front yard area,without approval
of a variance pursuant to Chapter 17.64(Variances)of this title.
II
Ordinance No 637U
Exhibit A
Page 2 of 7
d. The use of antennas for noncommercial purposes shall mean that no commercial frequency is used for
transmission-or propagation,that there is no communication for hire or for material compensation,except as allowed by
Federal Communications Commission(FCC)regulations,and that all applicable regulations are complied with at all times,
including,without limitation,FCC regulation 97.
e. A noncommercial amateur radio antenna assembly shall not include oil derrick style structures and no
structures with guy wires shall be used or constructed,except as provided for in this Section.
f. No signage shall be allowed on any noncommercial amateur radio antenna assembly,except for requisite
safety text and other labeling required by law.
g. A noncommercial amateur radio antenna assembly shall comply with all City, State and Federal laws
including the City's view preservation requirements in Section 17.02.040.
h. A noncommercial antenna assembly subject to this Section shall not be any closer to the property line than
the required minimum side and rear yard setbacks for the subject lot without-written City approval which shall take into
consideration the site specific conditions.
i. All antennas capable of being retracted and extended shall be retracted to its minimum size and height
when not in use or retracted as required in any conditions of approval issued by the City.
j. Each noncommercial amateur radio antenna shall be of a color or painted to minimize its reflectivity and
blend with its surroundings as much as possible.
k. Upon the sale or transfer of the subject property any permit issued under this section shall not be
transferable to any other person including a new property owner.
3.Antennas Exempt.The following noncommercial amateur radio antenna assemblies may be constructed or installed
on a lot without the approval of an antenna Site Plan Review application or noncommercial radio antenna permit;
a.The replacement of an existing antenna or antenna support structure with an outside diameter of three
inches or less with a similar antenna or support structure.
b. Parabolic dish antennas which are one meter(39.37 inches) or less in diameter.This exemption shall not
apply to parabolic dishes located on a mast which is greater than twelve feet in height. Freestanding masts shall be
measured from existing adjacent grade. Masts located on a building shall be measured from the point where the mast
meets the roof surface.
c.Any combination of two different antenna assemblies from the following categories:
i.One antenna assembly which is located outside of any required setback areas and which is sixteen
feet or less in height,as measured pursuant to the residential building height measurement methods described
in Section 17.02.040(View preservation and restoration)of this title.
ii. One building mounted antenna assembly, located outside of any required setback areas, 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.
iii. One wire antenna assembly consisting of a single flexible wire, with a diameter not to exceed
one-half inch,suspended between two supports,which if man-made do not exceed forty-one feet in height as
measured from adjacent existing grade,and located outside of any required setback areas.
Ordinance No 637U
Exhibit A
Page 3of7
iv. One vertical antenna assembly, located outside of any required setback areas, consisting of a
single pole or mast with a maximum outside diameter of three inches or less with no guys or horizontal elements
located higher than two feet above the ridgeline of the residence,and which does not exceed forty-one feet in
total height,as measured from adjacent existing grade.
4.Antenna Site Plan Review Approval.
a.Director review.Director approval of an antenna Site Plan Review application is required for more than two
antenna assemblies which are exempt pursuant to subsection(C)(3)of this Section,and for any other nonexempt antenna
assembly which does not exceed forty-one feet in height.The application may be approved provided the Director finds
as follows:
i.That adequate provision is made for safety;
ii.That all applicable building code requirements,such as wind load and seismic design criteria,and
development code requirements,such setbacks,are met;
iii.That no more than one nonexempt antenna support structure will be located on the lot;
iv. That the placement of the antenna assembly does not significantly impair a view from any
surrounding properties,as defined in Section 17.02.040(View preservation and restoration)of this title;and,
v. That the antenna assembly shall be designed to minimize the visual impact to the greatest
extent feasible by means of placement,screening,camouflaging,painting and texturing and to be compatible
with existing architectural elements,building materials and other site characteristics.The applicant shall use
the smallest and least visible antennas possible to accomplish the coverage objectives.
b.Application.The antenna Site Plan Review application shall be made upon forms provided by the City and
shall be accompanied by the following:
i.Two copies of a scaled site plan showing the location of the antenna assembly,and its relation to
property lines,topography and all structures on the property,and two copies of an elevation drawing showing
the proposed height,size,vertical and horizontal components,dimensions,color and material of the antenna(s)
and antenna support structure. If a building permit is required pursuant to the California Building Code,three
copies of the above plans are necessary;
ii. A typed mailing list of all property owners within a five hundred-foot radius to the subject
property, using the last equalized tax roll of the county assessor and any affected homeowners associations,
and a vicinity map identifying all properties included on the mailing list.
iii.A fee,as established by resolution of the City Council.
iv.Documentation demonstrating that the antenna assembly will comply with all other FCC
standards related to radio frequency emissions in OET Bulletin 65,Supplement B.Said documentation
shall state if the antenna is categorically exempt or demonstrate compliance with the standards of OET
Bulletin 65.
v. The applicant shall certify that the proposed antennas and installation,comply with FCC
regulations related to interference and in the event the interference occurs,the applicant will take all
steps necessary to resolve the same.
vi.The applicant shall,as part of the application,construct at the applicant's expense,a mock-up of
the proposed antenna at the proposed location.Said mock up shall be the same size and dimensions as
the proposed antenna. The mock-up shall be coordinated under the direction of the Director or his/her
designee.Once constructed,the silhouette shall be certified by a licensed engineer on a form provided
by the City.In the alternative,the applicant may submit a photo simulation depicting the proposed
antenna in size,height and dimensions,as required by the City to depict the proposed antenna as it
Ordinance No,637U
Exhibit A
Page 4 of 7
would appear from the surrounding areas,and deemed acceptable by the Director.
c.Notice.Upon receipt of a complete antenna Site Plan Review application,the Director shall provide written
II notice of the application to the applicant,property owners within a five hundred-foot radius,any affected homeowners
associations and any interested parties.No sooner than fifteen days after the application notices are mailed,the Director
shall make a decision on the application. Notice of the Director's decision shall be provided to the'applicant, adjacent
property owners, any affected homeowners associations, and any interested parties. The Director's decision may be
appealed to the Planning Commission and the Planning Commission's decision may be appealed to the City Council
pursuant to Chapter 17.80(Hearing Notice and Appeal Procedures)of this title.
D.Noncommercial Amateur Radio Antenna Permit.Except for antenna assemblies which are exempt pursuant to subsection(C)(3)
of this Section, antenna assemblies which exceed forty-one feet in height or which involve the placement of more than one nonexempt
antenna support structure on a lot shall require the approval of a noncommercial amateur radio antenna permit by the Planning Commission.
1.Application.Application for a noncommercial amateur radio antenna permit shall be made on forms provided by the
City and shall include such plans and documents as may reasonably be required by the Director, including submittal requirements
for the antenna Site Plan Review application in subsection(4)(b),for a complete understanding of the proposal and a filing fee in
an amount established by resolution of the City Council.
2.Notice.Upon receipt of a complete application for a noncommercial amateur radio antenna permit,the Director shall
provide written notice of the application to all owners of a property shown on the last known county assessor tax roll and
homeowner associations located within a radius of five hundred feet of the external boundaries of the property where the antenna
assembly is proposed.
3. Action by Planning Commission. In granting a noncommercial amateur radio antenna permit, the Planning
Commission shall consider:
a. The extent to which the proposed antenna assembly significantly impairs a view, as defined in Section
17.02.040 of the development code,from a surrounding lot;
b.With respect to an antenna assembly that is used for amateur radio purposes,the degree to which refusing,
or conditioning the permit would interfere with the applicant's ability to receive and/or transmit radio signals on amateur
frequencies. In evaluating this criterion the Planning Commission may establish a maximum height for the antenna
assembly that reasonably accommodates the applicant's ability to receive and/or transmit radio signals on amateur
frequencies and appropriately balances that right with the goals of the City's general plan and development code;
c.That adequate provision is made for safety and that all applicable building code requirements such as wind
load and seismic design criteria,and development code requirements such as setbacks,are met;
d.That the antenna assembly shall,be designed to minimize the visual impact to the greatest extent feasible
by means of placement,screening,camouflaging,painting,and texturing and to be compatible with existing architectural
elements,building materials and other site characteristics.The applicant shall use the smallest and least visible antennas
possible to accomplish the coverage objectives;
e.Appropriate conditions to minimize significant view impairment and to promote the goals of the general
plan and development code,such as,but not limited to:
i.Location restrictions,
ii.Nesting restrictions,
iii.Array size restrictions,
iv.Mass of tower restrictions,
Ordinance No,637U
Exhibit A
Page 5 of 7
v.Height restrictions,
vi.Elimination of guy wires,
vii. Addition of guy wires, if in the opinion of the Planning Commission allowing guy wires would
minimize the aesthetic impacts,
vii. Screening or camouflaging requirements, provided said requirements have not been shown to
be cost prohibitive by the applicant,in which case a less costly alternative shall be imposed,and
viii. Compliance with any or all applicable regulations listed in subsection 17.76.020(C)(2)above.
f. That the following,additional findings can be made for approval of more than one nonexempt antenna
assembly:
i.The additional antenna assembly cannot be reasonably located on the existing antenna assembly;
ii.The additional antenna assembly does not significantly impair a view from surrounding properties;
and
iii.The additional antenna assembly balances the effects on the character of the neighborhood while
reasonably accommodating the radio amateur operator's ability to transmit and receive radio amateur signals.
4. If the application is granted or conditionally granted, notice of the Planning Commission's decision shall be given to
the applicant and to all interested persons. Notice of denial shall be given only to the applicant.The applicant or any interested
person may appeal the Planning Commission's decision to the City Council pursuant to Chapter 17.80(Hearing Notice and Appeal
Procedures)of this title.
5. The noncommercial amateur radio antenna permit shall be valid only so long as all conditions imposed are fully
complied with,and the antenna structure is maintained in good repair.
E. State and Federal Law. The implementation of this Section and decisions on applications for placement of Noncommercial
Amateur Radio Antennas shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that the
applicant has established that denial of an application would,within the meaning of federal law, prohibit or effectively prohibit use of the
Noncommercial Amateur Radio Antenna, or otherwise violate applicable laws or regulations including but not limited to California
Government Code section 65850.3 and section 97.15 of the Title 47 of the Code of Federal Regulations. If that determination is made,the
requirements of this Section may be waived, but only to the minimum extent required to avoid the prohibition or violation.If an applicant
contends that denial of the application would prohibit or effectively prohibit the use of the antenna in violation of federal law,or otherwise
violate applicable law,the application must provide all information on which he applicant relies on in support of that claim.
Section 4. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3)
because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or
substantially changing any regulatory standards or findings. The proposed ordinance is an action that does not have the potential to
cause significant effects on the environment, but rather will supplement the regulations and review procedure established in the City's
Municipal Code.
Section 5. If any s ection, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section,
subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the passage and adoption of this ordinance,and shall make a minute of the passage
and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted.This Ordinance
shall take effect immediately,pursuant to the authority conferred upon the City Council by Government 'Code Section 36937. The City
Clerk shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933 in a newspaper of
Ordinance No 637U
Exhibit A
Page 6 of 7
general circulation which is hereby designated for that purpose.
Section 7. Effective Date.This Ordinance shall go into effect on the 31"day after its passage.
PASSED,APPROVED AND ADOPTED this 20th day of October,2020.
John Cruikshank,Mayor
Attest:
Emily Colborn,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 number of members of the City Council of
said City is five;that the foregoing Ordinance No.638 passed first reading on October 6,2020,was duly adopted by the City Council of said
City at a regular meeting thereof held on October 20,2020,and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Emily Colborn,City Clerk
I
Ordinance No.637U
Exhibit A
Page 7 of 7
'444'V37
fr ^r Ufa
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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 October 7, 2020, she caused to be posted the following document
entitled: ORDINANCE NO. 637U, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING SECTIONS 17.76.020(C)
(NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D)
(NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF
CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE AND DECLARING THE URGENCY THEREOF, a 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 foregoing is a true and correct affidavit of
posting.
City Clerk