ORD 341U ORDINANCE NO. 341 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
ENTITLEMENTS FOR, AND THE CONSTRUCTION OF,
COMMERCIAL ANTENNAS OR HAM RADIO ANTENNAS ON
ANY LOT WITHIN THE CITY DURING THE TERM OF
THIS INTERIM ORDINANCE, AND DECLARING THE
URGENCY THEREOF
WHEREAS, on April 7, 1998, the City Council of the City
of Rancho Palos Verdes adopted Ordinance No. 336 U, which
established a moratorium on the acceptance and processing of
applications and the granting of permits or entitlements to
construct or install on any lot within the City more than one
commercial antenna support structure or ham radio antenna support
structure; and
WHEREAS, the City Council directed 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
WHEREAS, pursuant to the direction of the City Council,
the Planning Commission appointed an ad hoc subcommittee of the
Commission to study the issue and develop recommendations to be
presented to the Planning Commission and City Council, and the
subcommittee has commenced the process of gathering information
and preparing recommendations, but that process has not yet been
completed; and
WHEREAS, in accordance with the provisions of
Government Code Section 65858, a public hearing was duly noticed,
pursuant to the provisions of Government Code Section 65090, to
be held at the regular City Council meeting of May 19, 1998, so
that the City Council could receive public testimony and consider
whether Ordinance No. 336 U should be extended for an additional
ten months, fifteen days; and
WHEREAS, said duly noticed public hearing was held by
I/ the City Council on May 19, 1998; and
WHEREAS, at the conclusion of the public hearing on May
19, 1998, the City Council extended Ordinance No. 336U until
December 7, 1998; and
WHEREAS, the ad hoc subcommittee of the Commission has
conducted numerous public meetings to gather information, to
study issues pertaining to commercial and amateur radio antennas,
and to prepare revisions to a proposed ordinance that is to be
presented to the Planning Commission and City Council; and
WHEREAS, based on information which has been presented
to the ad hoc subcommittee, the subcommittee has studied issues
regarding antennas and antenna support structures beyond those
that originally were contemplated; accordingly, the process of
drafting and revising a proposed ordinance will not be completed
by December 7, 1998; and
WHEREAS, because the ad hoc subcommittee has expanded
the issues regarding antennas that are being studied and has not
yet completed the ordinance, it is recommending to the City
Council that a new and broader moratorium ordinance be adopted to
ensure that neither antennas nor antenna support structures will
be approved by the City which will conflict with the forthcoming
ordinance; and
WHEREAS, based on the recommendation of the
subcommittee, a duly noticed public hearing was scheduled before
the City Council to consider the adoption of a moratorium
ordinance, which is broader in scope than Ordinance No. 336U,
pursuant to the provisions of Section 65858 (b) of the California
Government Code;
NOW, THEREFORE, 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 p erson
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 any commercial antenna or ham radio antenna, 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
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. The moratorium
established in Section 1 above also does not apply to any
commercial antenna or ham radio antenna for which no permit,
approval or entitlement is required by the existing provisions of
the Rancho Palos Verdes Municipal Code.
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
I/
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:
ORD. NO. 341U
PAGE 2
A. "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
I/ include antennas owned or operated by governmental
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
structure is located.
Section 5. The City Council directs City staff and the
Planning Commission to continue the studies and hearings that
were commenced earlier this year as may be required to adopt and
implement development standards, conditions of approval, and
regulations concerning the appropriate number and location of
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
I/ 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 ham 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.
ORD. NO. 341U
PAGE 3
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
a commercial antenna and related equipment, including antenna
support structures, which applications must be reviewed and
processed, within a relatively short period of time. Similarly,
the City reasonably anticipates the filing of applications by ham
radio operators to construct and install on a particular lot or
parcel ham radio antennas and antenna support structures that may
conflict with new regulations which will be adopted by the City.
D. As set forth above in Section 5, the City
Council has directed that studies be continued as to appropriate
modifications to the City's Zoning Ordinance and other regulatory
ordinances for the purpose of determining the optimum number of
commercial antennas and ham radio antennas to be placed on any
lot or parcel, and applicable development standards relating to
those antennas 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, commercial antennas or ham radio
antennas 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 antennas.
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 (b)
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.
Section 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.
I/
ORD. NO. 341U
PAGE 4
PASSED, APPROVED AND ADOPTED this 4th day of November,
1998.
‘44Aw640
YOR
C
ATTEST:
1/2
1.,;.A Y LE'
ST 'E 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; the foregoing Ordinance NO.
341U was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on November 4, 1998 and
that the same was passed and adopted by the following roll call
vote:
AYES: HOLLINGSWORTH, BYRD, LYON, McTAGGART AND MAYOR FERRARO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK
1/
ORD. NO. 341U
PAGE 5
ORDINANCE 341U RANCHO PAIDS VERDES
1111;';!!!!1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes es 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 November 10, 1998 , she caused to be
posted the following document entitled:
DECLARING AND IMPOSING A MORTATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS FOR, AND
THE CONSTRUCTION OF, COMMERCIAL ANTENNAS OR HAM. .RADIO ANTENNAS 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 .
CITY CLERK
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274.5391 i (213) 377-0360
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