CC SR 20200407 01 - Antenna Moratorium Extension
PUBLIC HEARING
Date: April 7, 2020
Subject:
Consideration and possible action to adopt an interim urgency ordinance extending the moratorium
period for Urgency Ordinance No. 632U amending Rancho Palos Verdes Municipal Code Sections
17.76.020(C) (Noncommercial amateur radio antennas) and (D) (Noncommercial amateur radio
antenna permit).
Recommendation:
(1) Adopt Ordinance No. ___U, AN INTERIM URGENCY ORDINANCE EXTENDING THE
MORATORIUM PERIOD ENACTED BY INTERIM URGENCY ORDINANCE NO. 632U BY AN
ADDITIONAL 10 MONTHS AND 15 DAYS, TO ALLOW STAFF ADEQUATE TIME TO RESEARCH
AND PREPARE CODE AMENDMENT PROCEEDINGS TO AMEND RANCHO PALOS VERDES
MUNICIPAL CODE SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS)
AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) FOR NONCOMMERCIAL
ANTENNAS.
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Cruikshank
3. Request for Staff Report: Mayor Cruikshank
4. Staff Report & Recommendation: Jaehee Yoon, Associate Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Cruikshank
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 04/07/2020
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to adopt an interim urgency ordinance extending the
moratorium period for Urgency Ordinance No. 632U amending Rancho Palos Verdes
Municipal Code Sections 17.76.020(C) (Noncommercial amateur radio antennas) and
(D) (Noncommercial amateur radio antenna permit)
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. ___U, AN INTERIM URGENCY ORDINANCE
EXTENDING THE MORATORIUM PERIOD ENACTED BY INTERIM URGENCY
ORDINANCE NO. 632U BY AN ADDITIONAL 10 MONTHS AND 15 DAYS, TO
ALLOW STAFF ADEQUATE TIME TO RESEARCH AND PREPARE CODE
AMENDMENT PROCEEDINGS TO AMEND RANCHO PALOS VERDES
MUNICIPAL CODE SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR
RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO
ANTENNA PERMIT) FOR NONCOMMERCIAL 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)
B. Ordinance No. 632U (page B-1)
C. 10-day Report (page C-1)
D. Public Comments (page D-1)
The previous Staff Report on this topic can be found on the City’s website via the March
4, 2020, City Council Agenda at:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3603&meta_id=80170
BACKGROUND AND DISCUSSION:
1
On March 4, 2020, the City Council adopted Urgency Ordinance No. 632U (Attachment
B) which imposed a temporary, 45-day moratorium on the establishment, expansion, or
modification of noncommercial amateur radio antennas associated with Rancho Palos
Verdes Municipal Code (RPVMC) §§17.76.020(C) (Noncommercial amateur radio
antennas) and (D) (Noncommercial amateur radio antenna permit). In addition, the City
Council initiated code amendment proceedings to amend the aforementioned RPVMC
sections to update the regulations and review procedures for noncommercial amateur
radio antennas. The establishment of the moratorium through an urgency ordinance
was in response to concerns that the City’s existing noncommercial amateur radio
antenna regulations would result in structures that are incompatible with residential
neighborhoods and adversely alter the visual character of the area, as well as the fact
that the regulations are outdated and inconsistent with the Goals and Policies of the
City’s General Plan.
Urgency Ordinance No. 632U is effective for 45 days in accordance with California
Government Code §65858, and is set to expire on April 18, 2020. Tonight’s request is to
extend the moratorium period for an additional 10 months and 15 days, which is the
maximum extension permitted by State law, setting the new expiration date to March 3,
2021.
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 extension is to preclude a current and immediate threat to public safety,
health, and welfare posed by allowing the moratorium to expire before adopting an
ordinance amending RPVMC Sections 17.76.020(C) (Noncommercial amateur radio
antennas) and (D) (Noncommercial amateur radio antenna permit).
Given the current global coronavirus (COVID-19) pandemic, there have been several
unforeseen circumstances that have delayed Staff’s preparation of proposed code
language, including cancelled meetings and City Hall’s closure to the public. The
proposed extension to the moratorium will provide Staff additional time to further assess
federal, state, and local regulations related to noncommercial amateur radio antennas.
As of this writing, Staff will proceed with the tentative schedule to present the draft code
amendment language to the Planning Commission at a duly-noticed public hearing for
consideration at its earliest opportunity, given the uncertainty of the COVID-19 situation.
Upon its review and consideration of the Staff report and public comments, the Planning
Commission will then forward its recommendation to the City Council for further
consideration.
ADDITIONAL INFORMATION:
2
10-Day Report
Government Code §65858(d) requires that the legislative body issue a report, 10 days
before extending a moratorium, describing the measures taken to alleviate the condition
which led to the adoption of the ordinance establishing a moratorium . On March 27,
2020, the 10-day report (Attachment C) was issued, summarizing the measures taken
to alleviate the conditions that led to the adoption of Ordinance No. 632U:
1. The City has commenced the process to amend RPVMC §§17.76.020(C)
(Noncommercial amateur radio antennas) and (D) (Noncommercial amateur
radio antenna permit) with considerations to comply with Federal
Communications Commission regulations, visual impacts, compatibility with the
immediate neighborhood, and silhouette requirements.
2. The draft code amendment language will be presented to the Zoning Code
Subcommittee, comprised of 3 Planning Commissioners, to receive their input
and direction prior to presenting the item at a duly-noticed Planning Commission
meeting. In light of the COVID-19 situation, this matter will be heard by the
Planning Commission at the earliest available opportunity since City Hall
operations have been scaled back to only essential services for the time being.
3. The City has notified applicants for pending or potential applications via email
and letters regarding the enacted moratorium on noncommercial amateur radio
antennas on residential lots, since the City has temporarily suspended
processing and accepting noncommercial radio antenna permit applications
during the moratorium period.
4. The adoption of a comprehensive update to RPVMC §§17.76.020(C)
(Noncommercial amateur radio antennas) and (D) (Noncommercial amateur
radio antenna permit) will take time and careful consideration as well as input
from various interested parties. So far, there has been insufficient time since
enacting Ordinance No. 632U to solicit and receive this input in a timely manner
to develop amendments to the code language.
5. The current global COVID-19 pandemic has resulted in federal, state, county and
local emergency declarations, which directly affect the City’s ability to provide
basic services, resulting in the cancellation of public meetings and the closure of
City Hall to the public. Therefore, additional time, as allowed under Government
Code §65858, is necessary to further assess federal, state and local regulations
related to noncommercial amateur radio antennas that led to the adoption of
Ordinance No. 632U.
Environmental Assessment
Pursuant to the provisions of the California Environmental Quality Act (CEQA), Public
Resources Code §2100 et. seq., the State’s CEQA Guidelines, California Code of
Regulations, Title 14, §15000 et. seq., the City’s Local CEQA Guidelines, and
3
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 §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 extending a temporary 45-
day moratorium on the establishment, expansion, or modification of amateur
radio antennas by an additional 10 months and 15 days that 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.
Public Comments
In response to the public notice issued on March 19, 2020, regarding the proposed
moratorium extension, Staff received 4 public comments (Attachment D). Two of the
commenters suggested “blind-copying” interested parties for privacy reasons when
sending the public notice via email (which Staff will initiate with future notices); one
commenter thanked Staff for their attention to this matter; and the last commenter
opposed holding public meetings at this time, presumably due to the COVID-19
situation. It should be noted that the March 17, 2020, City Council meeting was
conducted “virtually” via video teleconference. Staff expects to conduct similar virtual
public hearings for the Planning Commission and the City Council in order to maximize
social distancing during the COVID-19 pandemic.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not adopt the Urgency Ordinance extending the moratorium beyond its
current April 18, 2020, expiration, thereby directing Staff to continue
processing the code amendment to RPVMC §§17.76.020(C)
(Noncommercial Amateur Radio Antennas) and (D) (Noncommercial
Amateur Radio Antenna Permit), and allowing an existing application or
4
potential new applications to proceed through the current entitlement
process.
2. Extend the moratorium for a period of less than the maximum 10 months
and 15 days allowed by State law.
5
ORDINANCE NO. ___U
AN INTERIM URGENCY ORDINANCE EXTENDING THE
MORATORIUM PERIOD ENACTED BY INTERIM
URGENCY ORDINANCE NO. 632U BY AN ADDITIONAL 10
MONTHS AND 15 DAYS, TO ALLOW STAFF ADEQUATE
TIME TO RESEARCH AND PREPARE CODE
AMENDMENT PROCEEDINGS TO AMEND RANCHO
PALOS VERDES MUNICIPAL CODE SECTIONS
17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO
ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR
RADIO ANTENNA PERMIT).
WHEREAS, the provisions of Rancho Palos Verdes Municipal Code (RPVMC)
§17.76.020 (Antennas) regulate the placement of commercial and noncommercial
antennas within the City; and,
WHEREAS, the current RPVMC provisions governing the use and permitting of
noncommercial amateur radio antennas are outdated and inconsistent with the Goals and
Policies of the City’s General Plan; and,
WHEREAS, the current RPVMC provisions 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
exceed the height of all residential buildings and accessory structures in residential
neighborhoods, and will create an adverse visual impact on those neighborhoods; and,
WHEREAS, on March 4, 2020, the City Council adopted Urgency Ordinance
No. 632U, which imposed a temporary 45-day moratorium on the establishment,
expansion, or modification of noncommercial amateur radio antennas associated with
RPVMC §§17.76.020(C) (Noncommercial amateur radio antennas) and (D)
(Noncommercial amateur radio antenna permit) in order to proceed with code
amendments to the aforementioned sections to update the regulations and review
procedures for noncommercial amateur radio antennas so as to be compatible with the
neighborhoods where they will be erected; and,
WHEREAS, on April 18, 2020, the 45-day moratorium period imposed by Urgency
Ordinance No. 632U is set to expire unless the City Council extends the moratorium
period for an additional 10 months and 15 days, which is the maximum extension
permitted by State law; and,
WHEREAS, Government Code §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 time constraints of the 45-day moratorium which will expire prior to
A-1
Ordinance No. ___U
Page 2 of 5
adopting an ordinance amending RPVMC §§17.76.020(C) (Noncommercial amateur
radio antennas) and (D) (Noncommercial amateur radio antenna permit). In addition, as
a result of the current global coronavirus (COVID-19) pandemic and its impacts upon City
services, Staff requires additional time to adequately prepare and complete the code
amendment process.
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
(“CEQA”), Public Resources Code §2100 et. seq., 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
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
extending a temporary 45-day moratorium on the establishment, expansion, or
modification of amateur radio antennas by an additional 10 months and 15 days that 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 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; and
WHEREAS, Government Code §65858(d) requires that the legislative body issue
a report, 10 days before extending a moratorium, describing the measures taken to
alleviate the condition which led to the adoption of the ordinance establishing a
moratorium. As such, a 10-day report was prepared and published in a timely manner on
the City’s website on March 27, 2020; and
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. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. The interim moratorium on the establishment, expansion, or
modification of noncommercial amateur radio antennas associated with RPVMC
§§17.76.020(C) (Noncommercial amateur radio antennas) and (D) (Noncommercia l
amateur radio antenna permit), which was enacted by Interim Urgency Ordinance
A-2
Ordinance No. ___U
Page 3 of 5
No. 632U on March 4, 2020, is hereby extended pursuant to Government Code §65858
for an additional period of 10 months and 15 days, setting the expiration date as March
3, 2021. All terms shall have the same meaning as defined in Interim Urgency Ordinance
No. 632U, and all provisions of Interim Urgency Ordinance 632U are incorporated herein
by reference, and shall be in full force and effect for the duration of this extension.
Section 3. 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
zoning 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.
Section 4. On March 27, 2020, the City issued a 10-day report describing the
measures taken to alleviate the condition(s) which led to the adoption of Urgency
Ordinance No. 632U, which are summarized as follows:
A. The City has commenced the process to amend RPVMC §§17.76.020(C)
(Noncommercial amateur radio antennas) and (D) (Noncommercial amateur radio
antenna permit) with considerations to comply with Federal Communications
Commission regulations, visual impacts, compatibility with the immediate
neighborhood, and silhouette requirements.
B. The draft code amendment language will be presented to the Zoning Code
Subcommittee, comprised of 3 Planning Commissioners, to receive their input and
direction prior to presenting the item at a duly-noticed Planning Commission
meeting. In light of the COVID-19 pandemic, this matter will be heard by the
Planning Commission at the earliest available opportunity since City Hall
operations have been scaled back to only essential services for the time being.
C. The City has notified applicants for pending or potential applications via email and
letters regarding the enacted moratorium on noncommercial amateur radio
antennas on residential lots, since the City has temporarily suspended processing
and accepting noncommercial radio antenna permit applications during the
moratorium period.
D. The adoption of a comprehensive update to RPVMC §§17.76.020(C)
(Noncommercial amateur radio antennas) and (D) (Noncommercial amateur radio
antenna permit) will take time and careful consideration as well as input from
various interested parties. So far, there has been insufficient time since enacting
Ordinance No. 632U to solicit and receive this input in a timely manner to develop
amendments to the code language.
E. The current global COVID-19 pandemic has resulted in federal, state, county and
local emergency declarations, which directly affect the City’s ability to provide basic
A-3
Ordinance No. ___U
Page 4 of 5
services, resulting in the cancellation of public meetings and the closure of City
Hall to the public. Therefore, additional time, as allowed under Government Code
§65858, is necessary to further assess federal, state and local regulations related
to noncommercial amateur radio antennas that led to the adoption of Ordinance
No. 632U.
Section 5. The moratorium extension is necessary to amend the City’s existing
noncommercial amateur radio antenna regulations, which would result in structures that
are incompatible with residential neighborhoods and adversely alter the visual character
of the area, as well as the fact that the regulations are outdated and inconsistent with the
Goals and Policies of the City’s General Plan. Furthermore, the recent COVID-19
pandemic has resulted in unforeseen impacts to City services including cancelation of
meetings and City Hall closure that have delayed Staff’s preparation of proposed code
amendment language.
Section 6. It is necessary for the City of Rancho Palos Verdes to adopt an
ordinance to extend the moratorium as City Staff, the Planning Commission, and the City
Council, each require 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.
Section 7 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.
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 adopted 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. Certification and 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. 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 on March 3, 2021
unless extended in accordance with the provisions set forth in Government Code §65858.
A-4
Ordinance No. ___U
Page 5 of 5
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 7th day of April 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 April 7, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Emily Colborn, City Clerk
A-5
ORDINANCE NO. 632U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-
DAYMORATORIUM 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 hire 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 antennas.
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, OrdinanceNo. 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
B-1
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 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.
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 zoning 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 is no
transmission for hire or for material compensation.
Director" means the Director of Community Development, and his/her designee.
01203 0005/632892 4
Ordinance No. 632U
Page 2 of 6
B-2
Establishment" means to bring into existence-(a newfacility).
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
01203 0005/632892 4
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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 the 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 restrictions.
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.
01203 0005/632892 4
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r
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 with 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 adopted 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
01203 0005/632892 4
Ordinance No. 632U
Page 5 of 6
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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.
John ikUIshank, Mayor
ATTEST:
duigilea.,-A,/cbei)ice
Emilg orro, 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. 632U 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: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAINED:None
4 Dc,te,4tCborn, Cit;Glerk
01203 0005/632892 4
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Page 6 of 6
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111
CITY OF 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 City Clerk of
the City of Rancho Palos Verdes;
That on March 5, 2020, she caused to be posted the following document
entitled: ORDINANCE NO. 632U, 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, copy of which is attached
hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the forego. g is a true and correct affidavit of
posting.
NU
IOW Clerk
B-7
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1
Jaehee Yoon
From:Shannon Kilcullen <shannon.kilcullen@yahoo.com>
Sent:Thursday, March 19, 2020 9:31 PM
To:Jaehee Yoon
Cc:Kathy Edgerton Del cerro HOA
Subject:Re: [PUBLIC NOTICE] Moratorium period extension for noncommercial amateur radio
antennas
Thank you for the notification but in the future you should probably “bcc” recipients. Just a suggestion as Larry is not
happy with the pushback from the neighborhood. We’ve personally voiced our opinion to Larry when he reached out to
us (we live across the street from him) but I’m not sure everyone on this email has been contacted by him or even want
to confront him for that matter. Privacy should be an option for people who want it, correct?
On Mar 19, 2020, at 11:01 AM, Jaehee Yoon <jyoon@rpvca.gov> wrote:
Good morning,
As an interested party to the proposed noncommercial amateur radio antenna at 10 Crestwind Dr.,
please find attached public notice regarding a time extension on the moratorium for your review.
Should you have any questions, please contact me.
Thank you.
Sincerely,
Jaehee Yoon
Associate Planner
Community Development Department
City of Rancho Palos Verdes
www.rpvca.gov
(310) 544-5224
In light of COVID‐19 response measures from the Governor of the State of California and the Los
Angeles County Public Health Department, commencing Tuesday, March 17 through at least the
end of March, the City of Rancho Palos Verdes will only be providing Essential City Services that
are necessary to protect the health, safety, and welfare of our community and City
Employees. To facilitate these measures, all non‐essential staff will be working remotely.
Inquiries will be reviewed daily and will be responded to on a case‐by‐case basis. Please note:
our response to your inquiry could be delayed.
<Moratorium Extension_Notice.pdf>
D-1
1
Jaehee Yoon
From:MICHELLE MOEBIUS <michellemsellshomes@gmail.com>
Sent:Thursday, March 19, 2020 11:10 AM
To:Jaehee Yoon
Subject:Re: [PUBLIC NOTICE] Moratorium period extension for noncommercial amateur radio
antennas
Follow Up Flag:Follow up
Flag Status:Flagged
Hi Jaehee,
Thank you.
I might suggest that in the future you send your emails out to "Interested Parties" by blind cc'ing each one so
everyone can not see or access all the emails of ppl who sent letters of protest or otherwise.
Thank you
Michelle Moebius
38 Oceanaire Dr, RPV
MichelleMSellsHomes@gmail.com
On Thu, Mar 19, 2020 at 11:01 AM Jaehee Yoon <jyoon@rpvca.gov> wrote:
Good morning,
As an interested party to the proposed noncommercial amateur radio antenna at 10 Crestwind Dr., please find
attached public notice regarding a time extension on the moratorium for your review.
Should you have any questions, please contact me.
Thank you.
Sincerely,
Jaehee Yoon
Associate Planner
Community Development Department
D-2
2
City of Rancho Palos Verdes
www.rpvca.gov
(310) 544-5224
In light of COVID-19 response measures from the Governor of the State of California and the Los Angeles
County Public Health Department, commencing Tuesday, March 17 through at least the end of March, the
City of Rancho Palos Verdes will only be providing Essential City Services that are necessary to protect the
health, safety, and welfare of our community and City Employees. To facilitate these measures, all non-essential
staff will be working remotely. Inquiries will be reviewed daily and will be responded to on a case-by-case
basis. Please note: our response to your inquiry could be delayed.
--
Michelle Moebius, J.D.
Associate Broker
Keller Wms Beach Cities
830 S. PCH #200, El Segundo, CA 90245
Mobile: (310)344-1164
MichelleMSellsHomes@gmail.com
DRE #01867465
D-3
1
Jaehee Yoon
From:Adam Walch <adammwalch@gmail.com>
Sent:Thursday, March 19, 2020 11:25 AM
To:Jaehee Yoon
Subject:Re: [PUBLIC NOTICE] Moratorium period extension for noncommercial amateur radio
antennas
Follow Up Flag:Follow up
Flag Status:Flagged
Thank you very much for the information, and for your attention to the matter
On Thu, Mar 19, 2020 at 11:01 AM Jaehee Yoon <jyoon@rpvca.gov> wrote:
Good morning,
As an interested party to the proposed noncommercial amateur radio antenna at 10 Crestwind Dr., please find
attached public notice regarding a time extension on the moratorium for your review.
Should you have any questions, please contact me.
Thank you.
Sincerely,
Jaehee Yoon
Associate Planner
Community Development Department
City of Rancho Palos Verdes
www.rpvca.gov
(310) 544-5224
D-4
2
In light of COVID-19 response measures from the Governor of the State of California and the Los Angeles
County Public Health Department, commencing Tuesday, March 17 through at least the end of March, the
City of Rancho Palos Verdes will only be providing Essential City Services that are necessary to protect the
health, safety, and welfare of our community and City Employees. To facilitate these measures, all non-essential
staff will be working remotely. Inquiries will be reviewed daily and will be responded to on a case-by-case
basis. Please note: our response to your inquiry could be delayed.
D-5
1
Jaehee Yoon
From:Kirk Hyde <kirkhyde@me.com>
Sent:Thursday, March 19, 2020 12:13 PM
To:Jaehee Yoon
Subject:Re: [PUBLIC NOTICE] Moratorium period extension for noncommercial amateur radio
antennas
Follow Up Flag:Follow up
Flag Status:Flagged
They should not schedule public meetings
D-6