ORD 342U ORDINANCE NO. 342U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES EXTENDING ORDINANCE NO. 341 U, WHICH
IMPOSED A MORATORIUM ON THE ACCEPTANCE OR
I/ 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, TO
APRIL 20, 1999, 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 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
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
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 the Rancho Palos Verdes Municipal
Code which are set forth in 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
y
that originally were contemplated; and
WHEREAS, because the ad hoc subcommittee expanded the
issues regarding antennas that were being studied and was still
in the process of completing a draft ordinance to be presented to
the Planning Commission and City Council as of the end of
October, 1998, on November 4, 1998, the City Council conducted a
I/
duly noticed public hearing and adopted Ordinance No. 341U, which
is a moratorium ordinance that is broader in scope than Ordinance
No. 336U; and
WHEREAS, the purpose of Ordinance No. 341U is to ensure
that commercial antennas, amateur antennas, and their support
structures, which would conflict with the proposed ordinance and
regulations, will not be approved by the City while the new
ordinance is being prepared and adopted; and
WHEREAS, although the ad hoc sub-committee has prepared
a draft ordinance for presentation to the Planning Commission and
the City Council, those legislative bodies will not be able to
conduct public hearings regarding the proposed ordinance and
complete the legislative process of amending the Municipal Code
prior to the expiration of Ordinance 341U, on December 19, 1998;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 341 U, adopted on November 4,
1998, is hereby extended until April 20, 1999.
Section 2 . Ordinance No. 341 U is being extended for
the period specified in Section 1, so that the City will be able
to complete the process of studying issues pertaining to
commercial and amateur antennas and adopting development
standards, conditions of approval, and regulations concerning the
appropriate number and location of commercial antennas and ham
radio antennas.
Section 3 . The City Council finds and determines that
the immediate preservation of the public health, safety, and
welfare requires the extension of Ordinance No. 341 U, and 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.
ORDINANCE NO. 342U
PAGE 2
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
regulations necessary to accomplish the City's legitimate
purposes. Clarification of the City's existing regulations is
I/ 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.
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
commercial antennas 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 2, the City.
Council previously directed that studies be undertaken 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, ham radio antennas, and
antenna support structures to be placed on any lot or parcel, and
applicable development standards relating to those antennas and
antenna support structures that will best protect the public
health, safety, and welfare.
E. Pending the completion of the revisions to the
Rancho Palos Verdes Municipal Code referenced above in Section 2,
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 that ultimately are adopted with respect to these
types of antennas. The construction of commercial or amateur
radio antennas that would conflict with future zoning regulations
would be highly detrimental to the neighborhoods surrounding such
antennas and, accordingly, constitutes an immediate threat to the
public health, safety and welfare of the residents of the City.
Section 4. For the reasons specified above in Section
3, 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.
ORDINANCE NO. 342U
PAGE 3
Section 5. 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 6., The City Clerk is directed to certify to
I/
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 1st day of December,
1998.
41/11P
Ade
r MAYOR
ATTEST: As
JP'
t
Of
� l
CITY CLERK
S ATE 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.
342U was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on December 1, 1998, and
that the same was passed and adopted by the following roll call
vote:
AYES: BYRD, FERRARO, LYON, McTAGGART AND MAYOR
HOLLINGSWORTH
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
P
ITY CLERK
ORDINANCE NO. 342U
PAGE 4
ORDINANCE/RESOLUTION NO. ORD. NO. 37a'LL FILE:1203 X 1801
SUBJECT: EXTENDING ORDINANCE NO. 341U, WHICH IMPOSED A MORATORIUM ON THE
ACCEPTANCE FOR PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR
OTHER ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, COMNERCIAL ANTENNAS OR HAM
RADIO ANTENNAS ON ANY LOT WITHIN THE CITY, AND DECLP.RING THE URGENCY
THEREOF.
INTRODUCED: ADOPTED: 12/1/98 POSTED/PUBLISHED: /AM/1P
ORDINANCE AND RESOLUTION DISTRIBUTION:
CITY ATTORNEY UBLIC WORKS DEPT. /Z/4e/94
RICHARDS, WATSON & GERSHON LAN. BLDG. & CODE ENFORCEMENT
333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPT.
e//'/''L
S ANGELES, CA 90071 CITY MANAGER DEPT.
/a/8j9. FINANCE DEPT.
BOOK PUBLISHING COMPANY HOMEOWNERS ASSOCIATION
201 WESTLAKE AVE. NORTH APPLICANT
SEATTLE, WA 98109 SCHOOL DISTRICT
REGISTRAR SOUTH BAY MUNICIPAL COURT
12400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE.
NORWALK, CA 90651-1024 TORRANCE, CA 90503
ATTN: ELECTIONS ADM. ATTN: EXECUTIVE OFFICES
(STREET VACATIONS/EASEMENTS/ LEAGUE OF CALIFORNIA CITIES
ABANDONMENTS/ NAME CHANGES/ 702 HILTON CENTER
DEDICATIONS/TRAILS) LOS ANGELES, CA 90017
L.A. COUNTY REGISTRAR-RECORDER L.A.COUNTY DEPT.OF PUBLIC
12400 E. IMPERIAL HIGHWAY PUBLIC ROADS
NORWALK, CA 90651-1024 ATTN: CITY SERVICES
P.O. BOX 1460
L.A. COUNTY ASSESSOR ALHAMBR.A, CA 91802-1460
500 WEST TEMPLE STREET
LOS ANGELES, CA 90012 STATION COMMANDER
(OWNERSHIP, EXEMPTION & MAPPING DIV. ) 16123 NARBONNE AVENUE
LOMITA, CA 90717
S0. CALIFORNIA GAS COMPANY
2929 182ND STREET COX CABLE
REDONDO BEACH, CA 90278-3922 43 PENINSULA
ATTN: M. LOW BALLING HILLS EST. , CA 90274
SO. CALIFORNIA EDISON COMPANY r� INSTITUTE OF GOVERNMENTAL
P.O. BOX 2944 STUDIES /-aJc7/9p
TORRANCE, CA 90509 LIBRARY, 109 MOSES HALL
UNIVERSITY OF CALIFORNIA
CALIFORNIA WATER SERVICE CO. BERKELEY, CA 94720
5837 CREST ROAD WEST (7T.rTh ��� ,�a\\n�1n '
RANCHO PALOS VERDES, CA 90275 ( os�-ec�. �'
a ZA.1 A 4t.•\ I ' .\( - 4--1. 1
GENERAL TELEPHONE COMPANY )1o)qer �Q�Cct. J.. �d'�--
22715 HAWTHORNE BLVD. 1 Z/ �ti SSL°. k0.C�i
TORRANCE, CA 90505 -?&C < ?a S4 \ c e- -
PACIFIC TELEPHONE COMPANY L' 4 . Co ,,,r.,k.i '-"��cc- tAA ) k
19310 GATEWAY DRIVE, RM. 208
TORRANCE, CA 90502
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