ORD 374U ORDINANCE NO. 374U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REGARDING AMATEUR ANTENNAS, AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ORDAINS AS FOLLOWS:
Section 1: Paragraph 3 c ii of Section 17.76.020 C of Chapter 17.76 of
Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read
as follows:
ii. One building mounted antenna assembly which does not exceed
twelve feet in height, as measured from the point where the antenna assembly
meets the roof surface, and which contains radiating elements each of which
does not exceed six feet in total length. If the antenna assembly is mounted onto
the roof, or if any portion of the antenna assembly projects above the roofline, not
more than one antenna may be affixed to antenna support structure.
Section 2: Section 17.96.120 of Chapter 17.76 of Title 17 of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
17.96.120 Antenna support structure.
"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 mounted to an accessory or main building.
Section 3: This Ordinance shall not apply to any portion of any building-
mounted antenna assembly, including any antenna support structure, radiating
elements or antennae, which was erected at its current location, in accordance
with all applicable code requirements, prior to June 1, 2001.
Section 4: Section 17.76.020 of the Rancho Palos Verdes Municipal
Code regulates the placement of amateur and commercial antennae within the
City of Rancho Palos Verdes ("City"). Based upon the provisions of regulations
and orders promulgated by the Federal Communications Commission ("FCC"),
and the provisions of the 1996 Telecommunications Act, the City imposed less
stringent requirements on the placement of antennae and antenna support
structures that are to be used for amateur purposes than the requirements that
have been imposed on antennae that are to be used for commercial purposes.
To that end, a category of exemptions for certain amateur antennae and their
support structures, which would be smaller in size and would not cause adverse
impacts on the surrounding neighborhoods, so that amateur antenna (or "ham")
radio operators could erect them at their homes without having to obtain a permit
. from the City.
Meanwhile, some individuals who erected antennae that allegedly were to
be used solely for amateur purposes have filed applications to convert those
antennae to commercial use. In January, 2002, in a lawsuit that was filed by an
individual seeking to use alleged amateur antennae for commercial purposes, the
federal district court ruled that substantial evidence was not present in the record
to justify the City's decision to deny that individual's application for a conditional
use permit to make commercial use of existing amateur antennae. If this
decision is not reversed on appeal, it establishes judicial precedent that could be
used to allow the current exemption for certain amateur antennae to be used by
individuals seeking to make commercial use of those antennae and profit thereby
by adding more antennae and support structures on residential structures to the
detriment of the surrounding residential neighborhoods and the public health,
safety and welfare.
Unlike amateur operators, who do not have a financial incentive to
increase the number of antennae at their properties, those seeking eventually to
convert antennae to commercial use have an incentive to misuse the current
exemption by placing as many antennae on a residential property as possible
and then obtain a permit to operate commercially, to maximize their economic
return. This ordinance amends one of the categories of exemptions for amateur
antennae and support structures to limit the number of building-mounted
antennae and support structures that can be erected without a permit from the
City.
To avoid the substantial delay that will be caused by the delay in the
effectiveness of new regulations governing exempt antennae and the
corresponding adverse impacts to the public health, safety and welfare of the
City's residents and the general public, if the number of exempt amateur
antennae and their support structures can be so easily increased and then
converted for commercial use, it is necessary for this ordinance to become
effective immediately. It is therefore urgent that the enactment of new
regulations governing exempt antennae be adopted so that the current
exemption cannot be misused by individuals seeking to make commercial use of
amateur antennae, especially since one such application currently is pending
before the City, and the antenna assembly on that property has been altered and
expanded while the application for commercial use was pending. Based on the
foregoing, the City Council hereby finds that this ordinance is necessary for the
immediate preservation of the public health, safety and welfare, hereby declares
the facts constituting the urgency, and passes this ordinance by at least a four-
fifths vote of the City Council. Accordingly, this measure is adopted immediately
Ordinance No. 374U
Page 2of3
upon introduction pursuant to Government Code Section 36934 and shall take
effect immediately pursuant to Government Code Section 36937(b).
Section 5: The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The
City Clerk shall further certify to the adoption and posting of this Ordinance, and
shall cause this Ordinance and its certification, together with proof of posting, to
be entered in the Book of Ordinances of the Council of this City.
PASSED, APPROVED and ADOPTED this 11th day of March 2002.
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Mayo
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 No. 374U was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on March 11, 2002,
and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
NOES: None
ABSENT: None
ABSTAIN: None
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City Clerk
Ordinance No. 374U
Page 3 of 3
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RANCHO PALO
S 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 March 14, 2002 she caused to be
posted the following document entitled:
ORDINANCE NO. 374U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REGARDING AMATEUR ANTENNAS, AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE AND
DECLARING THE URGENCY THEREOF
a copy of which is attached hereto, in the following locations:
City Hall Hesse Park
30940 Hawthorne Blvd. 29301 Hawthorne Blvd
Rancho Palos Verdes Rancho Palos Verdes
Ladera Linda Community Center Ryan Park
32201 Forrestal Drive 30359 Hawthorne Blvd.,
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
libitilLePRi
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291
www.palosverdes.com/rpv