ORD 336U ORDINANCE NO. 336 U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES DECLARING AND IMPOSING A MORATORIUM ON
THE ACCEPTANCE OR PROCESSING OF APPLICATIONS
AND THE ISSUANCE OF PERMITS OR OTHER
I/ ENTITLEMENTS FOR, AND THE CONSTRUCTION OF,
MORE THAN ONE COMMERCIAL ANTENNA SUPPORT
STRUCTURE OR HAM RADIO ANTENNA SUPPORT
STRUCTURE ON ANY LOT WITHIN THE CITY DURING
THE TERM OF THIS INTERIM ORDINANCE, AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES ORDAIN AS FOLLOWS:
Section 1. Notwithstanding any other ordinance or
provision of the Rancho Palos. Verdes Municipal Code, no person
may construct or install, and the City of Rancho Palos Verdes may
not accept, process, approve or grant applications for business
licenses, building permits, variances, conditional use permits,
or other entitlements to construct or install on any lot within
the City more than one commercial antenna support structure or
ham radio antenna support structure, as those terms are defined
below in Section 4.
Section 2., The moratorium established in Section 1
above does not apply to the construction or installation of any
support structure for a commercial antenna or ham radio antenna
for which all permits, or other approvals or entitlements, have
been obtained as of the effective date of this interim ordinance.
Section 3 . This interim ordinance is adopted in
accordance with Section 65858 of the Government Code and will
expire and terminate forty-five (45) days after the date of its
adoption unless extended by the City Council following a noticed
public hearing.
Section 4. As used in this interim ordinance, the
following terms have the meanings set forth below:
A. "Antenna support structure" means a pole,
tower or other structure used to support one or more
antennas. An antenna support structure may be a guyed
or an unguyed independent structure or a structure that
is mounted to an accessory or main building.
B. "Commercial antenna" means all antennas,
parabolic dishes, relay towers and antenna support
structures used for the transmission or reception of
radio, television, and communication signals for
commercial purposes. "Commercial antenna" does not
include antennas owned or operated by governmental
980324 R6876-00001 lj 0593491 2
agencies; and microcell cellular antennas, owned and
operated by state licensed cellular telephone utility
companies, located on existing utility poles within the
public right-of-way.
C. "Ham radio antenna" means an antenna and
antenna support structure used for noncommercial,
amateur "ham radio" operations by the occupant of the
property where the antenna and/or antenna support
I/
structure is located.
Section 5. The City Council directs City staff and the
Planning Commission to commence immediately such studies and
hearings as may be required to adopt and implement development
standards, conditions of approval, and regulations concerning the
appropriate number and location of support structures for
commercial antennas and ham radio antennas, and to report their
recommendations to the City Council so as to enable the City
Council to issue a written report not less than ten (10) days
prior to the expiration of this interim ordinance, as required by
Government Code Section 65858 (d) .
Section 6. The City Council finds and determines that
the immediate preservation of the public health, safety, and
welfare requires that this interim ordinance be enacted as an
urgency ordinance and take effect immediately. Said finding and
determination is based upon the following:
A. The Telecommunications Act of 1996 was
recently enacted by the United States Congress, and that Act,
including implementing regulations promulgated by the Federal
Communications Commission, imposes significant limitations on the
ability of municipalities to regulate the placement of commercial
antennas and commercial wireless telecommunications facilities
within their boundaries.
B. The City is mandated by federal law to
carefully craft its local regulations to reasonably accommodate
amateur radio communications and to impose the minimum practical
regulation necessary to accomplish the City's legitimate
purposes. Clarification of the City's existing regulations is
required in order to determine whether "reasonable accommodation"
of amateur radio communications necessarily requires that the
City continue to authorize two hart radio antenna support
structures per lot, as now provided for in Section
17.76. 020(C) (1) (a) of Chapter 17.76 of the Municipal Code.
C. The City reasonably anticipates the filing of
applications by commercial wireless telecommunications service
providers to construct and install on a particular lot or parcel
more than one commercial antenna and related equipment, including
antenna support structures, which applications must be reviewed
and processed within a relatively short period of time.
Ordinance No. 336U
Page 2
980324 R6876-00001 lj 0593491 2
Similarly, the City reasonably anticipates the filing of
applications by ham radio operators to construct and install on a
particular lot or parcel more than one ham radio antenna support
structure.
I/ D. As set forth above in Section 5, the City
Council has directed that studies be undertaken forthwith as to
appropriate modifications to the City's Zoning Ordinance and
other regulatory ordinances for the purpose of determining the
optimum number of support structures for commercial antennas and
for ham radio antennas to be placed on any lot or parcel, and
applicable development standards relating to those antenna
support structures that will best protect the public health,
safety, and welfare.
E. Pending the completion of the studies
referenced above in Section 5, it is necessary for the immediate
preservation of the public health, safety, and welfare that this
interim ordinance take effect immediately. In the absence of
immediate effectiveness, more than one commercial antenna support
structure or ham radio antenna support structure may be
constructed or installed on a lot or parcel, so as to conflict
with regulations or requirements ultimately adopted with respect
to these types of antenna support structures.
Section 7. For the reasons specified above in Section
6, this interim ordinance is necessary for the immediate
preservation of the public health, safety, and welfare. This is
an urgency ordinance adopted in accordance with Section 65858 of
the California Government Code, and it will take effect
immediately upon adoption.
Section 8. The City Council declares that the
provisions of this interim ordinance are severable. If, for any
reason, any sentence, paragraph, or section of this interim
ordinance is determined by a court of competent jurisdiction to
be invalid, such determination will not affect the validity of
the remaining provisions of this interim ordinance.
Ordinance No. 336U
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980324 R6876-00001 lj 0593491 2
$ectign 9, The City Clerk is directed to certify to
the passage and adoption of this interim ordinance and to cause
the full text of this interim ordinance to be posted as required
by law.
PASSED, APPROVED AND ADOPTED this seventh day of April,
1998.
A: 411
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ATTEST:
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, 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, being
Ordinance No. 336U was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on April
7, 1998 and that the same was passed and adopted by the following
roll call vote:
AYES: HOLLINGSWORTH, BYRD, LYON AND McTAGGART
NOES: NONE
ABSENT: MAYOR FERRARO
ABSTAIN: NONE ft
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CITE CLERK
Ordinance No. 336U
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980324 R6876-00001 lj 0593491 2
ORD. NO. 336U
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 appointed City Clerk of the City of Rancho Palos Verdes;
That on April 9, 1998 , she caused to be
posted the following document entitled:
DECLARING AND IMPOSTING A MORATORIUM ON THE ACCEPTANCE OR
PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER
ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, MORE THAN ONE COMMERCIAL
ANTENNA OR HAM RADIO ANTENNA ON ANY LOT WITHIN THE CITY DURING
THE TERM OF THIS INTERIM ORDINANCE, AND DECLARING THE URGENCY THEREOF.
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U. S. Post Office
28649 S. Western Ave. Ladera Linda Community Center
Rancho Palos Verdes . 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd. Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd . ,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting .
7-1
A A (I/
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CITY CLERK
30940 HAWTHORNE BOULEVARD I RANCHO PALOS VERDES, CA 90274.5391 I (213) 377-0360