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PC MINS 20200922 Approved 10/13/2020 CITY OF RANCHO PALOS VERDES PLANNING COMMISSION MINUTES REGULAR MEETING SEPTEMBER 22, 2020 CALL TO ORDER Chair Leon called the virtual meeting to order at 7:00 p.m. PUBLIC PARTICIPATION OPTIONS Deputy Director Silva provided information related to participation options available to the public. PLEDGE OF ALLEGIANCE Deputy Director Silva led the assembly in the Pledge of Allegiance. ATTENDANCE Present: Commissioners Chura, Hamill, James, Saadatnejadi, Santarosa, Vice Chair Perestam and Chair Leon. Absent: None Also present were Director of Community Development Rukavina, Deputy Director Silva, Associate Planner Yoon, City Attorney Lopez, and RF Consultant Afflerbach APPROVAL OF AGENDA APPROVED AS PRESENTED COMMUNICATIONS City Council Items: Director Rukavina informed the planning commission City Council’s action on September 15th regarding the proposed ADU Ordinance. Staff: Director Rukavina informed the planning commission of Deputy Director Silva’s promotion to permanent Deputy Director. Commission: None Comments from the audience (regarding non-agenda items) None Planning Commission Minutes September 22, 2020 Page 2 CONSENT CALENDAR 1. APPROVAL OF THE SEPTEMBER 8, 2020 P.C. MINUTES APPROVED AS PRESENTED WITH TYPO CORRECTION ON PAGE 3. CONTINUED PUBLIC HEARINGS: 2. NONCOMMERCIAL AMATEUR RADIO ANTENNA - CODE AMENDMENT TO SECTIONS 17.76.020(C) & (D) OF CHAPTER 17.76 OF THE RANCHO PALOS VERDES MUNICIPAL CODE (CASE NO. PLCA2020-0003): Citywide (JY) Associate Planner Yoon presented the staff report and provided background on the request to amend Sections 17.76.020(C) (Noncommercial amateur radio antennas) and (D) (Noncommercial amateur radio antenna permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update the regulations and review procedures for noncommercial amateur radio antennas. Discussion ensued between the Planning Commission and staff regarding the proposed code amendment in terms of the difference between an oil derrick and lattice style structure, the requirement for ham radio operators to demonstrate and certify that there will be no radio frequency emissions and interference, the meeting outcome between staff and ham radio operators, the urgency of the code amendment, and clarification on legal challenges. Chair Leon opened the public hearing. Don Huseman – Stated that ham radios are crucial during times of emergency and most reliable antennas need to be a minimum 35 feet tall to be effective. Dale Hanks – Stated that the existing ordinance served its purpose for the past 20 years with a limited number of applications processed by the City and should remain as-is with no amendments. Miriam Varend – Spoke in support of the proposed code amendment and suggested additional provisions that should be included such as a periodic compliance review by the City and a nontransferable clause as a condition of approval, as well as requirements to certify photo simulations. Kathy Edgerton - Spoke in support of the proposed code amendment and stated that other HOAs in the City are also in support of the proposed changes. Rick Eastwood – Spoke in opposition of the proposed code amendment as there is no urgency in amending the code with only five applications processed since the code was updated 20 years Planning Commission Minutes September 22, 2020 Page 3 ago. He also stated that the existing code should not be modified as the proposed language will not be defendable in court, and that a committee should be formed if the code is to be amended. Mark Abrams – Stated that the proposed code amendment will make antennas cost prohibitive, result in 95% loss of signal if antennas are reduced in height from 41 feet to 28 feet, and does not satisfy reasonable accommodation for ham operators. He also stated that enacting the proposed ordinance will result in litigation with the City. Diane Feinberg – Spoke in opposition of the proposed code amendment as means for emergency communications needs to be expanded with consideration of the various topography in the City which hinders operability of antennas. She also stated that the existing code should be maintained and that the proposed ordinance will increase costs associated with antennas. Stuart Chuck – Comments submitted were read into the record by Deputy Director Silva which stated that they are in support of the proposed code amendment and that antenna setbacks should be reconsidered due to public safety concerns. Chair Leon closed the public hearing. Discussion ensued between the Planning Commission and staff regarding the fees associated with a noncommercial radio antenna application, the City’s code enforcement policies, how the view ordinance is applied, the transferability issues of antennas, and the height threshold that determines a Director or Planning Commission review. City Attorney Lopez read into the record a new provision to be added to the proposed ordinance so as to restrict transferability of antennas upon sale of the property. COMMISSIONER SANTAROSA MOVED, SECONDED BY COMMISSIONER SAADATNEJADI TO ADOPT P.C. RESOLUTION NO. 2020-14, RECOMMENDING TO THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATIONS AND REVIEW PROCEDURES FOR NONCOMMERCIAL AMATEUR RADIO ANTENNAS WITH MODIFICATIONS INCLUDING THE ELIMINATION OF A PLANNING COMMISSION REVIEW FOR ANTENNAS UNDER 41 FEET IN HEIGHT AND THE INCLUSION OF RESTRICTING THE TRANSFERABILITY OF PERMIT APPROVALS. MOTION PASSED ON A VOTE OF 6-1, WITH COMMISSIONER CHURA DISSENTING. CONTINUED BUSINESS: None NEW PUBLIC HEARINGS: None Planning Commission Minutes September 22, 2020 Page 4 NEW BUSINESS: None ITEMS TO BE PLACED ON FUTURE AGENDAS: 3. PRE-AGENDA FOR THE MEETING ON OCTOBER 13, 2020 APPROVED AS PRESENTED 4. PRE-AGENDA FOR THE MEETING ON OCTOBER 27, 2020 APPROVED AS PRESENTED ADJOURNMENT: 8:59 P.M. For the complete video archive of this Planning Commission meeting go to https://rpv.granicus.com/player/clip/3731?view_id=5&redirect=true