ORD 673U ORDINANCE NO. 673U
AN URGENCY ORDINANCE EXTENDING THE
MORATORIUM PERIOD ENACTED BY INTERIM
URGENCY ORDINANCE NO. 665U AND URGENCY
ORDINANCE NO. 670U BY AN ADDITIONAL ONE YEAR,
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 Interim 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 15, 2022, the City adopted Urgency Ordinance No.
670U extending the moratorium for 10 months and 15 days and is set to expire on
September 30, 2023; and
WHEREAS, in part duet to the significant legal and technical nuances related to
regulations of commercial and non-commercial antennas, in addition to protecting and
preserving the City's unique coastal aesthetic quality, staff requires additional time to
adequately prepare and complete the code amendment process; and
WHEREAS, Government Code §§ 36937 and 65858 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 entire City
Council. To that end, this Urgency Ordinance is adopted for the immediate preservation
of the public peace, health, and safety; 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
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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 August 4, 2023; 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 (and
extended by Urgence Ordinance No. 670U on November 15, 2022), is hereby again
extended pursuant to Government Code § 65858 for an additional year, setting the
expiration date as August 15, 2024. All terms shall have the same meaning as defined in
Interim Urgency Ordinance No. 665U, and all provisions of interim Urgency Ordinance
No. 665U and Urgency Ordinance No. 670U 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.
I
Ordinance No 673U
Page 2 of 5
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Section 4. On August 4, 2023, 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:
1. 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 (FCC) regulations, and other federal and state
requirements.
2. The. City continues to build the technical and legal team needed to analyze and
develop appropriate amendment(s) to RPVMC § 17.76.020 .
3. 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 state and federal law and
the needs of the wireless industry.
4. City Staff continues to research and analyze the various antennas, antenna
configurations, related equipment and FCC licensing and rules to establish an
ordinance carefully crafted to comply with all laws and regulations while
recognizing the City's unique coastal and semi-rural aesthetic quality.
5. City Staff has coordinated two meetings of the Planning Commission's Zoning
Subcommittee to obtain feedback on developing the code amendment(s).
6. 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 except to
the extent required by law as provided for in the moratorium.
7. The adoption of a comprehensive update to RPVMC § 17.76.020 continues to take
time with careful consideration as well as input from various interested parties.
Thus far, there has been insufficient time since enacting Ordinance No. 665U to
complete the necessary updates.
Section 5. The moratorium extension is necessary for the City to have the
necessary time to adopt an ordinance amending RPVMC § 17.76.020 (Antennas), which
has the potential to present aesthetic impacts on a citywide level. The code amendment
process requires public outreach, additional analysis, and public hearings before the City
Council and Planning Commission. 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. Wherein said
regulations are within the parameters set by state and federal law while protecting the unique
and refined character of the City.
Ordinance No 673U
Page 3 of 5
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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 that they are legally entitled to install, operate or modify the
antenna, 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.
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.
PASSED, APPROVED and ADOPTED this 15th day of August, by a four-fifths vote
of the entire City Council.
khase.4—,J--€
Barbara Ferraro, Mayor
Attest:
i''1,./Atic4a/effo4---,
ereakaoka, City Clerk
Ordinance No. 673U
Page 4 of 5
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. 673U was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on August 15, 2023 by the following vote:
AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro
NOES: None
ABSENT: Seo
ABSTAINED:None
ere -akaoka, City Clerk
Ordinance No. 673U
Page 5 of 5
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 August 15, 2023, she caused to be posted the following document
entitled: ORDINANCE NO. 673U, AN URGENCY ORDINANCE
EXTENDING THE MORATORIUM PERIOD ENACTED BY INTERIM
URGENCY ORDINANCE NO. 665U AND URGENCY ORDINANCE
NO. 670U BY AN ADDITIONAL ONE YEAR, 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.
63`tito
City Clerk