CC SR 20200304 03 - Antenna Urgency Ord
CITY COUNCIL MEETING DATE: 03/04/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt an interim urgency ordinance to establish a
temporary 45-day moratorium on the establishment, expansion, or modification of
noncommercial amateur radio antennas associated with §17.76.020(C) (Noncommercial
amateur radio antennas) and (D) (Noncommercial amateur radio antenna permit) of the
Rancho Palos Verdes Municipal Code; and to initiate code amendment proceedings to
the aforementioned sections to update the regulations and review procedures for
noncommercial amateur radio antennas.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. ___U, AN INTERIM URGENCY ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH A
TEMPORARY 45-DAY MORATORIUM ON THE ESTABLISHMENT,
EXPANSION, OR MODIFICATION OF NONCOMMERCIAL AMATEUR RADIO
ANTENNAS ASSOCIATED WITH SECTION 17.76.020(C) (NONCOMMERCIAL
AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR
RADIO ANTENNA PERMIT) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE; and,
(2) Initiate code amendment proceedings to amend §17.76.020(C) (Noncommercial
Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio Antenna
Permit) of the Rancho Palos Verdes Municipal Code to update the regulations
and review procedures for noncommercial amateur radio antennas.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Associate Planner
REVIEWED BY: Terry Rodrigue, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___U (page A-1)
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BACKGROUND AND DISCUSSION:
Section 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. Commercial antennas are those that are used for the
transmission or reception of radio, television, and communication signals for commercial
purposes, and noncommercial amateur radio antennas are radio operations, as defined
by the Federal Communications Commission (FCC), where there is no transmission or
propagation on a commercial frequency and where there is no transmission for hire or
for material compensation.
On April 11, 1983, Ordinance No. 166 was adopted to establish the City’s first antenna
ordinance to regulate the development, design, and location of commercial antennas.
On April 5, 1988, Ordinance No. 226 was adopted to amend the relevant code section
to incorporate additional regulations consistent with the FCC and to ensure satellite dish
antennas are installed in a manner minimizing visual impacts.
On March 22, 1999, Ordinance No. 345 was adopted to amend RPVMC §17.76.020
and Chapter 17.96 (definitions) to update the development standards and regulations
for commercial antennas and to include provisions for regulating noncommercial
amateur radio antennas, both of which have since served as the regulatory framework
in reviewing antenna applications to date.
On March 11, 2002, Ordinance No. 374U was adopted to amend RPVMC
§17.76.020(C)(3)(c)(ii) to limit the number of building-mounted noncommercial amateur
radio antennas and support structures which can be erected without a permit from the
City. The urgency ordinance was intended to prohibit exempt antennas from being
misused by individuals seeking to make commercial use of noncommercial antennas.
On November 15, 2011, Ordinance No. 529 was adopted to amend RPVMC
§17.76.020(A)(11) to add two new requirements for commercial antenna applications,
including the submittal of photographic simulations and the installation of mock-ups.
Urgency Ordinance
Government Code §36937 states that an urgency ordinance becomes effective
immediately if the City Council finds, by a four-fifths vote, that an urgency ordinance is
needed for the immediate preservation of the public peace, health, or safety, and
contains a declaration of the facts constituting the urgency. The urgency of the
moratorium is to preclude a current and immediate threat to public safety, health, and
welfare posed by the existing noncommercial amateur radio antenna regulations, which
would allow antennas that would result in structures that are incompatible with the
surrounding neighborhood. While the City’s code regulations for commercial antennas
were last updated in 2011, the provisions governing the use and permitting of
noncommercial amateur radio antennas have not been updated since they were
adopted in 1999, and are therefore outdated and inconsistent with the Goals and
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Policies of the City’s General Plan. In addition, recent concerns have been raised
regarding an application for a freestanding noncommercial amateur radio antenna in the
Del Cerro neighborhood that would measure 41 feet tall. The proposed structure would
be as tall as a four- to five-story building, and would be permanently and irreversibly
detrimental to the visual character of the single-family residential neighborhood. As
such, an interim urgency ordinance to impose a moratorium on the acceptance or
processing of applications and the issuance of permits or other entitlements for
noncommercial amateur radio antennas is warranted in order to allow a reasonable
period of time for Staff to further assess federal, state and local regulations.
An urgency ordinance may be adopted in accordance with Section 65858 of the
California Government Code and will expire 45 days after the date of its adoption,
unless extended by the City Council for an additional 10 months and 15 days following a
noticed public hearing. If adopted as recommended at tonight’s meeting, the initial 45 -
day moratorium period will end on April 18, 2020.
It should be noted that, while the moratorium will not apply to the construction or
installation of commercial antennas, a pending application mentioned above for a new
41-foot-tall noncommercial amateur radio antenna on a residential lot will be temporarily
suspended during the moratorium period.
Code Amendment Initiation
In order for Staff to assess and make possible code amendment recommendations
related to noncommercial amateur radio antennas, Staff requests the City Council
initiate code amendment proceedings related to RPVMC §17.76.020 (C)
(Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio
Antenna Permit). As part of the code amendment proceedings, Staff will consider the
following items related to noncommercial amateur radio antennas:
Compliance with FCC regulations
Visual impacts
Compatibility with the immediate neighborhood
Silhouette requirements
During the moratorium period, Staff will expeditiously proceed with the standard code
amendment process of first obtaining Planning Commission input on the proposed code
amendment for a recommendation to the City Council. The Planning Commission is
tentatively scheduled to consider draft code amendment language at the April 14, 2020
Planning Commission meeting.
Environmental Assessment
Pursuant to the provisions of the California Environmental Quality Act, Public Resources
Code Sections 2100 et. seq. (CEQA), the State’s CEQA Guidelines, California Code of
Regulations, Title 14, Section 150000 et. seq., the City’s Local CEQA Guidelines, and
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Government Code §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 Section 15378
because 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 Section 15061(b)(3) since the
proposed ordinance involves an urgency ordinance establishing a 45 -day
temporary moratorium on the establishment, expansion, or modification of
amateur radio antennas and does not have the potential to significantly impact
the environment; and,
(c) This ordinance is an 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, the ordinance:
(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.
Any subsequent code amendment that is the result of the requested initiation procedure
will be subject to separate CEQA review.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Do not adopt the Urgency Ordinance and only initiate code amendment
proceedings to RPVMC §17.76.020(C) (Noncommercial Amateur Radio
Antennas) and (D) (Noncommercial Amateur Radio Antenna Permit). This
alternative would allow the existing application in the Del Cerro
neighborhood to proceed through the entitlement process.
2. Provide Staff with further direction for consideration at the March 17, 2020 ,
City Council meeting.
3. Take no action.
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01203.0005/632892.4
ORDINANCE NO. ____U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-
DAY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR
MODIFICATION OF NONCOMMERCIAL AMATEUR RADIO ANTENNAS
ASSOCIATED WITH §17.76.020(C) (NONCOMMERCIAL AMATEUR
RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO
ANTENNA PERMIT) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE.
WHEREAS, §17.76.020 (Antennas) of the Rancho Palos Verdes Municipal Code
(RPVMC) regulates the placement of commercial and noncommercial antennas within
the City. Commercial antennas are those that are used for the transmission or reception
of radio, television, and communication signals for commercial purposes, and
noncommercial amateur radio antennas are radio operations, as defined by the Federal
Communication Commission (FCC), where there is no transmission or propagation on a
commercial frequency and where there is no transmission for hi re or for material
compensation.
WHEREAS, on April 11, 1983, Ordinance No. 166 was adopted to establish the
City’s first antenna ordinance, codified as Chapter 17.41 of the RPVMC, to regulate the
development, design, and location of commercial antenna s.
WHEREAS, on March 22, 1999, Ordinance No. 345 amended §17.76.020 of the
RPVMC to include provisions for regulating noncommercial amateur radio antennas.
WHEREAS, on March 11, 2002, Ordinance No. 374U was adopted to amend
§17.76.020(C)(3)(c)(ii) to limit the number of building-mounted noncommercial amateur
radio antennas and support structures which can be erected without a permit from the
City. The Urgency Ordinance was intended to prohibit exempt antennas from being
misused by individuals seeking to make commercial use of noncommercial antennas.
WHEREAS, Government Code Section 36937 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 City Council. To
this end, this Ordinance is adopted for the immediate preservation of the public peace,
health, and safety, given the potential impacts associated with noncommercial amateur
radio antennas in the City’s residential zoning districts.
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 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 Code §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
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CEQA §15378 because 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 proposed ordinance involves an urgency ordinance
establishing a 45-day temporary moratorium on the establishment, expansion, or
modification of amateur radio antennas and does not have the potential to significantly
impact the environment; and (c) as the Ordinance is an administrative procedure related
to uses, facilities, and regulations identified in th e RPVMC and General Plan, and given
that the proposed Ordinance is not related to a specific project, the Ordinance (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.
WHEREAS, all legal prerequisites to the adoption of the interim Urgency
Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Authority and Effect
A. The State Planning and Zoning Law, Government Code §65000 et seq.,
broadly empowers the City to plan for and regulate the use of land in order to provide for
orderly development, the public safety, health, and welfare, and a balancing of property
rights and the desires of the community and how its citizens envisions their city.
B. 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 zo ning 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, and shall be
of no further force and effect 45 days from its date of adoption, unless duly extended for
an additional 10 months and 15 days.
SECTION 2. Definitions.
“Noncommercial Amateur radio antenna” as referred to in §17.96.100 of the RPVMC,
means an antenna or antenna support structure used for noncommercial amateur radio
operations, as defined by the Federal Communications Commission, and where there is
no transmission or propagation on a commercial frequency and where there i s no
transmission for hire or for material compensation .
“Director” means the Director of Community Development, and his/her designee.
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“Establishment” means to bring into existence (a new facility).
“Expansion” means:
1. An increase in the height or width (of the antenna and/or the supporting
structure) by 10% or more of an existing antenna.
2. Construction of any new amateur radio antenna on private property.
“Modification” means making any changes or upgrades to an existing antenna. Routine
repair or replacement of parts that does not increase the size or visibility of the antenna
from nearby properties or from the public right-of-way shall not be considered a
modification.
“Permit” means any City planning land use approvals, any new business license tax
permit (including the transfer of a business license from one owner to another), and any
building, grading, plumbing, electrical, or mechanical permit, whether the approval or
issuance is discretionary or ministerial.
“RPVMC” means the Rancho Palos Verdes Municipal Code.
SECTION 3. Findings
The City Council of the City of Rancho Palos Verdes hereby finds, determines, and
declares that:
A. Subsections (C) (Noncommercial amateur radio antennas) and (D)
(Noncommercial amateur radio antenna permit) of 17.76.020 (Antennas) of the RPVMC
governs the use and permitting of noncommercial amateur radio antennas on private
property. These provisions were adopted in 1999 pursuant to Ordinance No. 345, and
have not been updated since that date.
B. The provisions governing the use and permitting of noncommercial amateur
radio antennas are outdated and inconsistent with the following Goals and Policies of the
City’s General Plan:
1. Circulation Element Goal No. 1.1: “Ensure adequate public utilities and
communication services to all residents, while considering environmental,
aesthetic, and view impacts.” Circulation Element, pg. C-5.
2. “One of the founding principles of the City of Rancho Palos Verdes is to
maintain its rural character, a large component of which is its expanse of
open land.” Conservation and Open Space Element, pg. COS-36.
3. Land Use Element Goal No. 1.10: “Preserve the rural and open character
of the City through zoning, cooperation with other jurisdictions, and
acquisition of open space land.” Land Use Element, pg. L-7.
4. “With urban design, the City is concerned with ensuring that the
development of each parcel or additions to existing structures occurs in a
manner that is harmonious with the land and also maintains an architectural
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aesthetic and character representative of the neighborhood and the City.”
Visual Resources Element, pg. V-4.
5. “Neighborhood compatibility is an urban design concept that attempts to
balance new residential development with the preservation of th e rural and
semi-rural character of the City.” Visual Resources Element, pg. V-13.
6 Circulation Element Policy No. 52: “Balance the need to accommodate
wireless communications coverage in the community with the need to
protect and maintain the quality of the environment for residents. All new
proposals to construct wireless communication facilities shall be reviewed
using guidelines adopted and kept current by the Planning Commission
and, where applicable, considering covenants, conditions, and restriction s.
These guidelines shall balance public and private costs and benefits to the
greatest reasonable extent, and encourage colocation of facilities and the
use of evolving wireless communication technologies to minimize impacts.”
Circulation Element, pg. C-8.
C. The City Council recognizes that the City must reasonably accommodate
amateur communications and enact the “minimum practicable regulation to accomplish
the state or local authority's legitimate purpose,” 47 C.F.R. § 97.15(b), and that the City
can zone for height, safety, and aesthetics concerns, but its restrictions must not be overly
restrictive.
D. The provisions of §17.76.020 (Antennas) allow nonexempt noncommerical
amateur radio antennas to rise to a height of 41’. This height is not compatible with
residential neighborhoods throughout most of the City, as 41’ antennas would greatly
exceeded the height of all residential buildings and accessory structures in residential
neighborhoods, and will create an adverse visual impact on those neighborhoods.
E. The City has received an application for a freestanding nonexempt
noncommercial amateur radio antenna that would be 41’ tall, as measured from existing
adjacent grade to the top of the antenna assembly . The structure would be as tall as a
4-5 story building, and would be severely detrimental to the visual character of the
neighborhood.
F. The City Council wishes expeditiously to update the RPVMC’s provisions
relating to noncommercial amateur radio antennas so as to be compatible with the
neighborhoods where they will be erected.
SECTION 4. Moratorium
During the effective period of this Ordinance, no application for 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 amateur
radio antenna 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.
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SECTION 5. Review and Study
A. City Staff, the Planning Commission, and the City Council, each requires a
reasonable period of time to study existing noncommercial amateur antenna regulations
to determine the potential adverse impacts on the aesthetics of properties within the City,
and to make recommendations on appropriate updated regulations for amateur
communications facilities on private property.
B. The City Council desires to establish, on an urgency basis, a temporary
moratorium on the establishment, expansion, or modification of noncommercial amateur
radio antennas within the City through the adoption of this Ordinance to further the
purposes stated herein.
SECTION 6. City Actions
During the period of this Moratorium, and any extension thereof, the Director shall:
(1) review and consider options for the regulation of noncommercial amateur radio
antennas, and (2) shall issue a written report describing the measures which the City has
taken to address the conditions which led to the adoption of this ordinance w ith the City
Council 10 days prior to the expiration of this Moratorium, or any extension thereof, and
(3) shall make the report available to the public.
SECTION 7. Urgency Measure
The City Council finds that there is a current and immediate threat to public safety,
health, and welfare posed by the existing noncommercial amateur radio antenna
regulations, in that allowing antennas that may result in structures that are 4 -5 stories in
height in single-family residential neighborhoods would be permanently and irreversibly
detrimental to the visual character of those neighborhoods.
SECTION 8. 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 ad opted 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 9. 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 10. Effectiveness of Ordinance
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This Ordinance shall take effect immediately, pursuant to the authority conferred
upon the City Council by Government Code §36937. This Ordinance shall be of no further
force and effect 45 days following the date of its adoption unless extended in accordance
with the provisions set forth in Government Code §65858. Not later than 10 days prior to
the expiration of this interim urgency ordinance, the City Council shall issue a written
report as required by applicable state law.
PASSED, APPROVED and ADOPTED this 4th day of March 2020, by a four-fifths
vote of the entire City Council.
________________________________
John Cruikshank, Mayor
ATTEST:
_______________________________
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole numbers of the City Council of said City is five; that the foregoing Ordinance
No. ___U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on March 4, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Emily Colborn, City Clerk
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