ORD 634U ORDINANCE NO. 634U
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noncommercial amateur radio antennas are outdated and inconsistent with the Goals and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
111 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
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-1 9) pandemic and its impacts upon City
111
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 §6585,8(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) (Noncommercial
amateur radio antenna permit), which was enacted by Interim Urgency Ordinance
Ordinance No. 634U
Page 2 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
Ordinance No. 634U
Page 3 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.
Ordinance No. 634U
Page 4 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.
John C ui shank, Mayor
ATTEST:
Emily olborn, 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. 634U 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: Alegria, Bradley, Dyda, Ferrero and Cruikshank
NOES: None
ABSENT: None
ABSTAINED:None
mily •. born, wity Cler
Ordinance No. 634U
Page 5 of 5
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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 April 8, 2020, she caused to be posted the following document
entitled: ORDINANCE NO. 634U, 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), a 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 foreing is a true and correct affidavit of
posting.
4110
1115 ity Clerk