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ORD 665U ORDINANCE NO. 665U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-DAY MORATORIUM ON THE ENTITLEMENT, ESTABLISHMENT, EXPANSION, OR MODIFICATION OF ANTENNAS GOVERNED PURSUANT TO §17.76.020 (ANTENNAS) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) 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. 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 April 5, 1988, Ordinance No. 226 was adopted to amend the relevant code section to incorporate additional regulations consistent with the Federal Communications Commission (FCC) and to govern satellite dish antennas. WHEREAS, on April, 15, 1997, Ordinance No. 320 was adopted to amend and reorganize numerous sections of Title 16 (Subdivision) and Title 17 (Zoning), which included provisions for commercial, satellite, ham radio, and television antennas. WHEREAS, on March 22, 1999, Ordinance No. 345 amended RPVMC §17.76.020 to include provisions for regulating noncommercial amateur radio antennas. WHEREAS, on March 11, 2002, Ordinance No. 374U was adopted to amend RPVMC §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, on November 15, 2011, Ordinance No. 529 was adopted to amend RPVMC §17.76.020(A)(11) to add two new requirements for commercial antenna applications, including the submittal of photographic simulations and the installation of mock-ups. WHEREAS, on October 20, 2020, Ordinance No. 638 was adopted to amend RPVMC §17.76.020(C) and (D) to update the development standards for noncommercial amateur radio antennas. Ordinance No. 665U Page 1 of 7 WHEREAS, Government Code §36937 and §65858 expressly authorize 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 interim Urgency Ordinance is adopted for the immediate preservation of the public peace, health, and safety, given the potential impacts associated with antennas on private property throughout the City. WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code §§ 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 § 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 proposal 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 interim Urgency Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the RPVMC and General Plan, and given that the proposed interim Urgency Ordinance is not related to a specific project (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 been satisfied in the manner required by law. 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 §36937 and §65858 expressly authorize 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 Ordinance No. 665U Page 2 of 7 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. "Antenna" as referred to in §17.96.085 of the RPVMC, means a structure consisting of elements that may either receive or transmit electromagnetic energy. "Antenna assembly" as referred to in §17.96.087 of the RPVMC, means the totality of equipment used to support reception by or transmission from an antenna. It includes the antenna(s), including antennas used in connection with amateur repeaters, antenna support structure(s), and any radiating elements, cables, parabolic dishes and mechanical rotators. "Director" means the Director of Community Development, and his/her designee. "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. §17.76.020 (Antennas) of the RPVMC governs the installation, use and permitting of all antennas on private property. These provisions were originally adopted in 1983 pursuant to Ordinance No. 166, with a series of piecemeal updates that need a major overhaul to reflect current state and/or federal law pertaining to antennas. Ordinance No. 665U Page 3 of 7 B. The provisions governing the installation, use, and permitting of 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 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 acknowledges that certain antennas may be protected under state and federal law and said laws limit local authority with respect to regulations that limit or hinder installation, maintenance, and operation of certain antennas. As such, this ordinance will not apply to those antennas protected by state and/or federal law. The City will accept and process all applications for antennas in the timeline required by state and federal law. D. The City has received an application for five Ultra High Frequency (UHF) antennas to be installed on the roof of an existing residential structure that are proposed to be 9.5 feet tall as measured from the roof line to the top of the antenna assembly. The antennas would result in an overall structure as tall as a three-story building, and would be severely detrimental to the visual character of the neighborhood. Ordinance No. 665U Page 4 of 7 E. The City Council wishes to expeditiously update the RPVMC's provisions relating to antennas so as to be compatible with the neighborhoods where they will be erected. F. The City Council further finds and determines that §17.76.020 (Antennas) of the RPVMC needs to be repealed and hereby directs Staff to draft and return with a new Chapter 17.77 (Antennas), which shall include, but not be limited to, consideration of the following elements: • Commercial and noncommercial antennas • Aesthetic impacts of antennas on neighboring properties and the community • View preservation and height limitations • Parameters of federal and state law, including FCC regulations and guidance • Bring the municipal codeprovisions regarding antennas into compliance with best industry practices and current law, including federal and state requirements G. The City Council hereby directs Staff to expeditiously proceed with a code amendment process by presenting a new Chapter 17.77 (Antennas) before the Planning Commission for their input on the proposed code amendment for recommendation to the City Council. Section 4. Moratorium A. During the effective period of this Ordinance, no application for a 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 antenna or antenna assembly 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. B. Notwithstanding, any provisions herein, in the event an applicant can establish that they are entitled to a permit or other approval or authorization under federal or state law to install, modify or expand an antenna or antenna assembly, they shall be entitled to submit legal support for the same. In the event the applicant sufficiently supports they are legally entitled to install, operate or modify, the City shall accept and process the application pursuant to RPVMC §17.76.020 (Antennas) as it is presently codified. Section 5. Review and Study A. City Staff, the Planning Commission, and the City Council, each requires a reasonable period of time to study the existing antenna regulations to determine the potential adverse impacts on the aesthetics of properties within the City, and to make 111 recommendations on appropriate updated regulations for antennas on private property. Ordinance No. 665U Page 5of7 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 antennas on private property, (2) 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) 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 antenna regulations, in that allowing antennas without appropriate regulations in place, including permitting antennas 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. Posting 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 of Rancho Palos Verdes. Section 10. Effectiveness of Ordinance 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. 111 Ordinance No. 665U Page 6 of 7 PASSED, APPROVED and ADOPTED this 4th day of October, 2022, by a four- "' fifths vote of the entire City Council. 4111e41111.— ,i/Wwgeljripr-- / - David L. Brad le ayor Attest: e64 -Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, 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; and that the foregoing Ordinance No. 665U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 4, 2022 by the following vote: AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley NOES: None ABSENT: None ABSTAIN: None oleado„.._ Ter akaoka, City Clerk 111 Ordinance No. 665U Page 7 of 7 <1;:a" 4 i CITY OF RANCHO 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 4, 2022, she caused to be posted the following document entitled: ORDINANCE NO. 665U, AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-DAY MORATORIUM ON THE ENTITLEMENT, ESTABLISHMENT, EXPANSION, OR MODIFICATION OF ANTENNAS GOVERNED PURSUANT TO §17.76.020 (ANTENNAS) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, a copy of which is attached hereto, in the following locations: City Hall Abalone Cove Shoreline Park 30940 Hawthorne Blvd. 5970 Palos Verdes Drive South 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. ity Clerk