ORD 670U ORDINANCE NO. 670U
111 AN INTERIM URGENCY ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES EXTENDING THE
MORATORIUM PERIOD ENACTED BY INTERIM
URGENCY ORDINANCE NO. 665U BY AN ADDITIONAL 10
MONTHS AND 15 DAYS, TO ALLOW STAFF ADEQUATE
TIME TO RESEARCH AND PREPARE CODE
AMENDMENT PROCEEDINGS TO AMEND RANCHO
PALOS VERDES MUNICIPAL CODE § 17.76.020
(ANTENNAS).
WHEREAS, §17.76.020 (Antennas) of the Rancho Palos Verdes Municipal Code
(RPVMC) regulates the placement of commercial and noncommercial antennas on
private property within the City; and
WHEREAS, on October 4, 2022, the City Council adopted Urgency Ordinance
No. 665U, which imposed a temporary 45-day moratorium on the entitlement,
establishment, expansion, or modification of antennas governed pursuant to § 17.76.020
(Antennas) of Title 17 (Zoning) of the RPVMC in order to proceed with code amendments
to the aforementioned section with new regulations governing antennas on private
property based on current federal telecommunication laws; and
WHEREAS, on November 18, 2022, the 45-day moratorium period imposed by
Urgency Ordinance No. 665U is set to expire unless the City Council extends the
moratorium period for an additional 10 months and 15 days, which is the maximum
extension permitted by State law; and
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
that end, this interim Urgency Ordinance is adopted for the immediate preservation of the
public peace, health, and safety, given the potential aesthetic impacts associated with
antennas on private property throughout the City. Given the time constraints of the 45-
day moratorium, which will expire prior to adopting an ordinance amending RPVMC §
17.76.020, staff requires additional time to adequately prepare and complete the code
amendment process; and
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, as 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 extending the moratorium
on the entitlement, establishment, expansion, or modification of antennas and does not
have the potential to significantly impact the environment; and (c) as the Ordinance is an
111
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 (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;
and
WHEREAS, Government Code § 65858(d) requires that the legislative body issue
a report, 10 days before extending a moratorium, describing the measures taken to
alleviate the condition which led to the adoption of the ordinance establishing a
moratorium. As such, a 10-Day Report was prepared and published in a timely manner
on the City's website on October 31, 2022; and
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. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. The moratorium on the entitlement, establishment, expansion, or
modification of antennas governed pursuant to § 17.76.020 (Antennas) of the RPVMC,
which was enacted by interim Urgency Ordinance No. 665U on October 4, 2022, is hereby
extended pursuant to Government Code § 65858 for an additional period of 10 months
and fifteen days, setting the expiration date as September 30, 2023. All terms shall have
the same meaning as defined in interim Urgency Ordinance No. 665U, and all provisions
of interim Urgency Ordinance 665U are incorporated herein by reference, and shall be in
full force and effect for the duration of this extension.
Section 3. 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.
III
Ordinance No.670U
Page 2 of 5
Section 4. On October 27, 2022, the City issued a 10-Day Report describing the
measures taken to alleviate the condition(s) which led to the adoption of Urgency
Ordinance No. 665U, which are summarized as follows:
A. City Staff has been working on a community engagement plan to receive input
from stakeholders, including neighborhood Homeowners Associations, residents,
and service providers, on appropriate amendment(s) to RPVMC § 17.76.020
(Antennas) with consideration to both commercial and noncommercial antennas,
aesthetic and view impacts on neighboring properties, compliance with Federal
Communications Commission regulations, and other federal and state
requirements.
B. The City is assembling a technical and legal team that will be needed to analyze
and develop appropriate amendment(s) to RPVMC § 17.76.020.
C. City Staff has commenced the process to amend RPVMC § 17.76.020, including
researching the potential impacts of the same on residential and commercial
properties taking into consideration the requirements of law and the needs of the
industry.
D. A draft code amendment will then need to be presented to the Planning
Commission at a duly noticed Planning Commission meeting at the earliest
opportunity.
E. The City has notified applicants of pending or potential applications regarding the
enacted moratorium on antennas on private properties as the City will temporarily
suspend or not accept new applications during the moratorium period.
F. The adoption of a comprehensive update to RPVMC § 17.76.020 will take time
and careful consideration as well as input from various interested parties. Thus far,
there has been insufficient time since enacting Ordinance No. 665U to complete
this process in a timely manner to amend the code language.
Section 5. The moratorium extension is necessary to adopt an ordinance
amending RPVMC § 17.76.020 (Antennas), and wherein said ordinance will be crafted to
address anyhealth and safetystandards, site conditions relevant to different zoning
designations and address or mitigate any potential negative impacts to the City's unique
and high-quality aesthetic standards implemented citywide. The code amendment
process requires public outreach, additional analysis, and public hearings before the City
Council and Planning Commission. These tasks cannot be completed within the initial 45-
day moratorium period. Hence, extending the moratorium will provide City Staff with the
necessary time to complete its analysis and research to develop appropriate regulations and
ensure the protection of public health, safety, and welfare.
111
Ordinance No.670U
Page 3 of 5
Section 6. 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 7. 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. I
Section 8. Certification and 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 9. Effectiveness of Ordinance. This Ordinance shall take effect
immediately, pursuant to the authority conferred upon the City Council by Government
Code § 36937.
I
Ordinance No.670U
Page 4 of 5
PASSED, APPROVED and ADOPTED this 15th day of November 2022, by a four-
"' fifths vote of the entire City Council.
David L. Bra , Mayor
Attest:
eresa aoka, 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. 670U was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on November 15, 2022, by the following vote:
AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley
NOES: None
ABSENT: None
ABSTAINED: None
eresa a'aoka, City Clerk
Ordinance No.670U
Page 5of5
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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 November 16, 2022, she caused to be posted the following document
entitled: ORDINANCE NO. 670U, AN INTERIM URGENCY
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
EXTENDING THE MORATORIUM PERIOD ENACTED BY INTERIM
URGENCY ORDINANCE NO. 665U BY AN ADDITIONAL 10
MONTHS AND 15 DAYS, TO ALLOW STAFF ADEQUATE TIME TO
RESEARCH AND PREPARE CODE AMENDMENT PROCEEDINGS
TO AMEND RANCHO PALOS VERDES MUNICIPAL CODE §
17.76.020 (ANTENNAS), 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.
ed././bvssitit4(
1_.—City Clerk