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ORD 638 ORDINANCE NO. 638 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES 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 PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO ANTENNAS WHEREAS, the City regulates the installation of noncommercial amateur radio antennas pursuant to Sections 17.76.020(C) and (D) of the Rancho Palos Verdes Municipal Code (RPVMC); and WHEREAS, the City desires to update Sections 17.76.020(C) and (D) to ensure antenna structures are aesthetically compatible with surrounding uses that will not adversely alter the visual character of the surrounding area, and are consistent with the goals and policies of the City's General Plan; and 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; 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 Sections 17.76.020(C) and (D) in order to review, research, and initiate 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 are erected; and WHEREAS, on April 7, 2020, the City Council adopted Urgency Ordinance No. 634U, to extend 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; and WHEREAS, on July 28, 2020, the Planning Commission held a duly-noticed public hearing, at which time the draft ordinance was reviewed and discussed among the Planning Commission, Staff, and interested parties. The item was continued to August 25, 2020, and subsequently to September 22, 2020, to allow Staff additional time to incorporate the input received and reach out to interested parties for comments on the revised draft ordinance; and Ordinance No. 638 Page 1 of 11 WHEREAS, on September 20 and 24, 2020, a public notice was published in the Daily Breeze and the Palos Verdes Peninsula News, respectively, providing a notice of a public hearing before the City Council on October 6, 2020; and WHEREAS, on September 22, 2020, the Planning Commission held a duly-noticed public hearing, and adopted P.C. Resolution No. 2020-14, recommending that the City Council adopt this Ordinance; and WHEREAS, on October 6, 2020, the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony was received was made,a part of the public record; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2020-14, written staff reports, and any testimony provided at the public hearing; and WHEREAS, the City's standards constitute "the minimum practicable regulations" to accomplish the City's legitimate purpose and will "reasonably accommodate amateur radio service communications and allow those structures to be erected at heights and dimensions sufficient to accommodate amateur radio service communication per California Government Code Section 65850.3 and Section 97.15 of the Title 47 of the Code of Federal Regulations; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated fully herein by reference. B. It is the intent and purpose of this Ordinance that 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 RPVMC be amended to update the development standards for noncommercial amateur radio antennas. Section 2. The proposed code amendment to Title 17 adopted herein is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. Section 3. 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 RPVMC is hereby amended as follows: Ordinance No 638 Page 2 of 11 "17.76.020 —Antennas. C. Noncommercial Amateur Radio Antennas. 1. Applicability. This subsection C regulates noncommercial amateur radio antennas that are affixed to real property and antennas that are located on vehicles parked on lots which exceed sixteen feet in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040 (View preservation and restoration)-of this title. This subsection does not regulate hand held antennas or antennas located on vehicles parked on lots which are sixteen feet or less in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040 (View preservation and restoration) of this title. 2. General Regulations. The installation, erection-and/or replacement of noncommercial amateur radio antenna assemblies on lots for noncommercial purposes shall be reviewed by the Director through either an antenna Site Plan Review application or by the Planning Commission through a noncommercial amateur radio antenna permit application. a. Antenna assemblies which meet the following criteria shall be considered legal nonconforming: i) legally permitted by the City or the County prior to City incorporation, and which conform to the codes in effect when installed, but do not meet the provisions of this code; and are ii) existing as of the effective date of this code. b. Antenna assembly height shall be measured as follows: i. The height of the antenna assembly shall include the antenna(s) support structure and shall be the maximum to which it is capable of being extended; ii. For a ground mounted assembly or one mounted on an accessory structure, the height shall be measured from the highest point of the existing grade covered by the foundation of the structure to the maximum height to which the antenna assembly is capable of being extended; and iii. Except for exempt antennas described in subsection (C)(3)(c)(ii) of this Section, for an antenna assembly mounted on a main building or an accessory structure, height shall be measured from existing grade to the maximum height to which the antenna assembly is capable of being extended, pursuant to the residential building height measurement methods described in Section 17.02.040 (View preservation and restoration) of this title. Ordinance No 638 Page 3 of 11 c. Noncommercial amateur radio antennas shall not be located within any front yard area, without approval of a variance pursuant to Chapter 17.64 (Variances) of this title. d. The use of antennas for noncommercial purposes shall mean that no commercial frequency is used for transmission or propagation, that there is no communication for hire or for material compensation, except as allowed by Federal Communications Commission (FCC) regulations, and that all applicable regulations are complied with at all times, including, without limitation, FCC regulation 97. e. A noncommercial amateur radio antenna assembly shall not include oil derrick style structures and no structures with guy wires shall be used or constructed, except as provided for in this Section. f. No signage shall be allowed on any noncommercial amateur radio antenna assembly, except for requisite safety text and other labeling required by law. g. A noncommercial amateur radio antenna assembly shall comply with all City, State and Federal laws including the City's view preservation requirements in Section 17.02.040. h. A noncommercial antenna assembly subject to this Section shall not be any closer to the property line than the required minimum side and rear yard setbacks for the subject lot without written City approval which shall take into consideration the site specific conditions. i. All antennas capable of being retracted and extended shall be retracted to its minimum size and height when not in use or retracted as required in any conditions of approval issued by the City . j. Each noncommercial amateur radio antenna shall be of a color or painted to minimize its reflectivity and blend with its surroundings as much as possible. k. Upon the sale or transfer of the subject property any permit issued under this section shall not be transferable to any other person including a new property owner. 3. Antennas Exempt. The following noncommercial amateur radio antenna assemblies may be constructed or installed on a lot without the approval of an antenna Site Plan Review application or noncommercial radio antenna permit; a. The replacement of an existing antenna or antenna support structure with an outside diameter of three inches or less with a similar Ordinance No 638 Page 4 of 11 antenna or support structure. b. Parabolic dish antennas which are one meter (39.37 inches) or less in diameter. This exemption shall not apply to parabolic dishes located on a mast which is greater than twelve feet in height. Freestanding masts shall be measured from existing adjacent grade. Masts located on a building shall be measured from the point where the mast meets the roof surface. c. Any combination of two different antenna assemblies from the following categories: i. One antenna assembly which is located outside of any required setback areas and which is sixteen feet or less in height, as measured pursuant to the residential building height measurement methods described in Section 17.02.040 (View preservation and restoration) of this title. ii. One building mounted antenna assembly, located outside of any required setback areas, 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. iii. One wire antenna assembly consisting of a single flexible wire, with a diameter not to exceed one-half inch, suspended between two supports, which if man-made do not exceed forty-one feet in height as measured from adjacent existing grade, and located outside of any required setback areas. iv. One vertical antenna assembly, located outside of any required setback areas, consisting of a single pole or mast with a maximum outside diameter of three inches or less with no guys or horizontal elements located higher than two feet above the ridgeline of the residence, and which does not exceed forty-one feet in total height, as measured from adjacent existing grade. 4. Antenna Site Plan Review Approval. a. Director review. Director approval of an antenna Site Plan Review application is required for more than two antenna assemblies which are exempt pursuant to subsection (C)(3) of this Section, and for any other nonexempt antenna assembly which does not exceed forty-one feet in height. The application may be approved provided the Director finds as follows: Ordinance No. 638 Page 5 of 11 i. That adequate provision is made for safety; ii. That all applicable building code requirements, such as wind load and seismic design criteria, and development code requirements, such setbacks, are met; iii. That no more than one nonexempt antenna support structure will be located on the lot; iv. That the placement of the antenna assembly does not significantly impair a view from any surrounding properties, as defined in Section 17.02.040 (View preservation and restoration) of this title; and, v. That the antenna assembly shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, camouflaging, painting and texturing and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. b. Application. The antenna Site Plan Review application shall be made upon forms provided by the City and shall be accompanied by the following: i. Two copies of a scaled site plan showing the location of the antenna assembly, and its relation to property lines, topography and all structures on the property, and two copies of an elevation drawing showing the proposed height, size, vertical and horizontal components, dimensions, color and material of the antenna(s) and antenna support structure. If a building permit is required pursuant to the California Building Code, three copies of the above plans are necessary; ii. A typed mailing list of all property owners within a five hundred-foot radius to the subject property, using the last equalized tax roll of the county assessor and any affected homeowners associations, and a vicinity map identifying all properties included on the mailing list. iii. A fee, as established by resolution of the City Council. iv. Documentation demonstrating that the antenna assembly will comply with all other FCC standards related to radio frequency emissions in OET Bulletin 65, Supplement B. Said Ordinance No 638 Page 6 of 11 documentation shall state if the antenna is categorically exempt or demonstrate compliance with the standards of OET Bulletin 65. v. The applicant shall certify that the proposed antennas and installation, comply with FCC regulations related to interference and in the event the interference occurs, the applicant will take all steps necessary to resolve the same. vi. The applicant shall, as part of the application, construct at the applicant's expense, a mock-up of the proposed antenna at the proposed location. Said mock up shall be the same size and dimensions as the proposed antenna. The mock-up shall be coordinated under the direction of the Director or his/her designee. Once constructed, the silhouette shall be certified by a licensed engineer on a form provided by the City. In the alternative, the applicant may submit a photo simulation depicting the proposed antenna in size, height and dimensions, as required by the City to depict the proposed antenna as it would appear from the surrounding areas, and deemed acceptable by the Director. c. Notice. Upon receipt of a complete antenna Site Plan Review application, the Director shall provide written notice of the application to the applicant, property owners within a five hundred-foot radius, any affected homeowners associations and any interested parties. No sooner than fifteen days after the application notices are mailed, the Director shall make a decision on the application. Notice of the Director's decision shall be provided to the applicant, adjacent property owners, any affected homeowners associations, and any interested parties. The Director's decision may be appealed to the Planning Commission and the Planning Commission's decision may be appealed to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. D. Noncommercial Amateur Radio Antenna Permit. Except for antenna assemblies which are exempt pursuant to subsection (C)(3) of this Section, antenna assemblies which exceed forty-one feet in height or which involve the placement of more than one nonexempt antenna support structure on a lot shall require the approval of a noncommercial amateur radio antenna permit by the Planning Commission. 1. Application. Application for a noncommercial amateur radio antenna permit shall be made on forms provided by the City and shall include such plans and documents as may reasonably be required by the Director, including submittal requirements for the antenna Site Plan Review application in subsection (4)(b), for a complete understanding of the proposal and a filing fee in an amount established by resolution of the City Council. Ordinance No. 638 Page 7 of 11 2. Notice. Upon receipt of a complete application for a noncommercial . i amateur radio antenna permit, the Director shall provide written notice of the application to all owners of a property shown on the last known county assessor taxII roll and homeowner associations located within a radius of five hundred feet,of the external boundaries of the property where the antenna assembly is proposed. 3. Action by Planning Commission. In granting a noncommercial amateur radio antenna permit, the Planning Commission shall consider: a. The extent to which the proposed antenna assembly significantly impairs a view, as defined in Section 17.02.040 of the development code, from a surrounding lot; b. With respect to an antenna assembly that is used for amateur radio purposes, the degree to which refusing or conditioning the permit would interfere with the applicant's ability to receive and/or transmit radio signals on amateur frequencies. In evaluating this criterion the Planning Commission may establish a maximum height for the antenna assembly that reasonably accommodates the applicant's ability to receive and/or transmit radio signals on amateur frequencies and appropriately balances that right with the goals of the City's general plan and development code; c. That adequate provision is made for safety and that all applicable building code requirements such as wind load and seismic design criteria, and development code requirements such as setbacks, are met; d. That the antenna assembly shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, camouflaging, painting, and texturing and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives; e. Appropriate conditions to minimize significant view impairment and to promote the goals of the general plan and development code, such as, but not limited to: i. Location restrictions, ii. Nesting restrictions, iii. Array size restrictions, iv. Mass of tower restrictions, v. Height restrictions, Ordinance No. 638 Page 8 of 11 vi. Elimination of guy wires, vii. Addition of guy wires, if in the opinion of the Planning Commission allowing guy wires would minimize the aesthetic impacts, vii. Screening or camouflaging requirements, provided said requirements have not been shown to be cost prohibitive by the applicant, in which case a less costly alternative shall be imposed, and viii. Compliance with any or all applicable regulations listed in subsection 17.76.020(C)(2) above. f. That the following additional findings can be made for approval of more than one nonexempt antenna assembly: i. The additional antenna assembly cannot be reasonably located on the existing antenna assembly; ii. The additional antenna assembly does not significantly impair a view from surrounding properties; and iii. The additional antenna assembly balances the effects on the character of the neighborhood while reasonably accommodating the radio amateur operator's ability to transmit and receive radio amateur signals. 4. If the application is granted or conditionally granted, notice of the Planning Commission's decision shall be given to the applicant and to all interested persons. Notice of denial shall be given only to the applicant. The applicant or any interested person may appeal the Planning Commission's decision to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. 5. The noncommercial amateur radio antenna permit shall be valid only so long as all conditions imposed are fully complied with, and the antenna structure is maintained in good repair. E. State and Federal Law. The implementation of this Section and decisions on applications for placement of Noncommercial Amateur Radio Antennas shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit use of the Noncommercial Amateur Radio Antenna, or otherwise violate applicable laws or regulations including but not limited to California Government Code section 65850.3 and section 97.15 of the Title 47 of the Code of Federal Regulations. If that determination is made, the requirements of Ordinance No 638 Page 9 of 11 this Section may be waived, but only to the minimum extent required to avoid the prohibition or violation. If an applicant contends that denial of the application would prohibit or effectively prohibit the use of the antenna in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Section 4. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will supplement the regulations and review procedure established in the City's Municipal Code. Section 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 6. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code Section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933 in a newspaper of general circulation which is hereby designated for that purpose. Section 7. Effective Date. This Ordinance shall go into effect on the 31st day after its passage. 111 Ordinance No 638 Page 10 of 11 PASSED, APPROVED AND ADOPTED this 20th day of October, 2020.c;iiijt/1 ikshank, Mayor Attest: (C042444., , boolt)44/ y<lColborn, Cit 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 number of members of the City Council of said City is five; that the foregoing Ordinance No. '638 passed first reading on October 6, 2020, was duly adopted by the City Council of said City at a regular meeting thereof held on October 20, 2020, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank NOES: None ABSENT: None ABSTAIN: None C4,,t,4?,a__ 4411.44,.,...„ beiaw4e Emily Co orn, City Clerk z I Ordinance No. 638 Page 11 of 11 . 44,1 CITY OF RANCHO PALOS VERDES.H 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 October 21, 2020, she caused to be posted the following document entitled: ORDINANCE NO. 638, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES 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 PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO ANTENNAS, 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 foregoing is a true and correct affidavit of posting. (4.419,64eyeAdA„,›"Lay ity Clerk