CC SR 20221004 06 - Antenna Moratorium
CITY COUNCIL MEETING DATE: 10/04/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to adopt an interim Urgency Ordinance to establish a
45-day moratorium on the entitlement, establishment, expansion, or modification of
antennas governed pursuant to §17.76.020 (Antennas) of Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code.
RECOMMENDED COUNCIL ACTION:
(1) Adopt, by a fourth-fifth (4/5th) vote of the entire City Council, Urgency Ordinance
No.___-U, AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-DAY
MORATORIUM ON THE ENTITLEMENT, ESTABLISHMENT, EXPANSION, OR
MODIFICATION OF ANTENNAS GOVERNED PURSUANT TO §17.76.020
(ANTENNAS) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND
STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE; and,
(2) Initiate code amendment proceedings to repeal §17.76.020 (Antennas) and add
Chapter 17.77 (Antennas) to Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code with new regulations governing antennas on private property
based on current federal telecommunication laws.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Urgency Ordinance No. ___-U (page A-1)
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BACKGROUND:
§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 hi re or for material
compensation. Below is the timeline in the development of the City’s antenna code
provisions.
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 govern satellite dish
antennas.
On April 15, 1997, Ordinance No. 320 was adopted to amend and reorganize numerous
sections of Title 16 (Subdivision) and Title 17 (Zoning), which included provisions for
commercial, satellite, ham radio, and television antennas.
On March 22, 1999, Ordinance No. 345 was adopted to amend §17.76.020 and Chapter
17.96 to update the development standards and regulations for commercial antennas and
to include provisions for regulating noncommercial amateur radio antennas .
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.
On November 15, 2011, Ordinance No. 529 was adopted to amend §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.
On October 20, 2020, Ordinance No. 638 was adopted to amend §17.76.020(C) and (D)
to update the development standards for noncommercial amateur radio antennas.
The City’s Zoning Code is intended to be a living-breathing document that is updated from
time to time to reflect new trends and technologies in the community. While the City’s
regulations for antennas have been updated incrementally throughout the years, the code
provisions as a whole have fallen behind ever-changing antenna technologies and
associated regulatory frameworks. In light of this, Staff and the City Attorney’s office
recommend placing a moratorium on commercial and noncommercial antennas on
private property while an updated ordinance is drafted and considered for adoption.
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DISCUSSION:
Urgency Ordinance
Government Code §36937 and §65858 provides that an urgency ordinance can be
adopted by the City Council, and then the same becomes effective immediately if the City
Council finds, by a four-fifths vote, that an urgency ordinance is for the immediate
preservation of the public peace, health, or safety, and contains a declaration of the facts
constituting the urgency (commonly referred to as a “moratorium”).
The collection of amendments to the City’s antenna regulations has resulted in an
ordinance that has the potential to present aesthetic impacts on a citywide level. Staff
believes a moratorium may be adopted by the City Council to preclude a current and
immediate threat to public safety, health, and welfare posed by issuing permits for
antennas and associated improvements based on an outdated and incomplete ordinance.
Adoption of the moratorium will provide Staff an opportunity to prepare an updated
ordinance that complies with current law and best practices, while still protecting the
public safety, health, and welfare of the community.
The proposed urgency ordinance will not prevent the receipt, processing, and entitlement
for permits issued under federal and/or state law. For such permits, the City will accept,
review, and process the applications within the timelines established by federal and/or
state law. For all other applications, Staff and the City Attorney respectfully request the
City Council give favorable consideration to this urgency ordinance.
The urgency ordinance may be adopted as provided in California Government Code
§36937 and §65858, which 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.
Code Amendment Initiation
Staff and the City Attorney respectfully request that the City Council find and determine
that §17.76.020 (Antennas) of the RPVMC needs to be repealed, and to direct Staff to
draft and return with a new Chapter 17.77 (Antennas), which shall include, but not be
limited to, consideration of the following elements:
• Commercial and noncommercial antennas
• Aesthetic impacts of antennas on neighboring properties and the community
• View preservation and height limitations
• Parameters of federal and state law, including FCC regulations and guidance
• Bring the municipal code provisions regarding antennas into compliance with best
industry practices and current law, including federal and state requirements
Staff will expeditiously proceed with a code amendment process by presenting a new
Chapter 17.77 (Antennas) before the Planning Commission for its input on the proposed
code amendment for recommendation to the City Council. The Planning Commission is
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tentatively scheduled to consider the draft code amendment language at its October 25,
2022 Planning Commission meeting.
Environmental Assessment
Pursuant to the provisions of the California Environmental Quality Act, Public Resources
Code §§ 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
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
proposal involves an urgency ordinance establishing a 45 -day temporary moratorium on
the establishment, expansion, or modification of 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 (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.
CONCLUSION:
Based on the discussion above, Staff recommends that the City Council adopt an interim
Urgency Ordinance to establish a temporary 45-day moratorium on the entitlement,
establishment, expansion, or modification of antennas governed pursuant to §17.76.020
(Antennas) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code; and to initiate
code amendment proceedings to repeal the existing antenna ordinance to update the
regulations consistent with current law.
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 and only initiate code amendment
proceedings to §17.76.020 (Antennas) of Title 17 (Zoning) of the RPVMC.
2. Provide Staff with further direction for consideration at the October 18, 2022, City
Council meeting.
3. Take no action.
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Ordinance No. 665U
Page 1 of 7
ORDINANCE NO. ___-U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH
A TEMPORARY 45-DAY MORATORIUM ON THE
ENTITLEMENT, ESTABLISHMENT, EXPANSION, OR
MODIFICATION OF ANTENNAS GOVERNED PURSUANT
TO §17.76.020 (ANTENNAS) OF CHAPTER 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF
TITLE 17 (ZONING) 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.
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 April 5, 1988, Ordinance No. 226 was adopted to amend the
relevant code section to incorporate additional regulations consistent with the F ederal
Communications Commission (FCC) and to govern satellite dish antennas.
WHEREAS, on April, 15, 1997, Ordinance No. 320 was adopted to amend and
reorganize numerous sections of Title 16 (Subdivision) and Title 17 (Zoning), which
included provisions for commercial, satellite, ham radio, and television antennas.
WHEREAS, on March 22, 1999, Ordinance No. 345 amended RPVMC §17.76.020
to include provisions for regulating noncommercial amateur radio antennas.
WHEREAS, 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.
WHEREAS, 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.
WHEREAS, on October 20, 2020, Ordinance No. 638 was adopted to amend
RPVMC §17.76.020(C) and (D) to update the development standards for noncommercial
amateur radio antennas.
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Ordinance No. 665U
Page 2 of 7
WHEREAS, Government Code §36937 and §65858 expressly authorize 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 interim Urgency Ordinance is adopted for the immediate preservation of the
public peace, health, and safety, given the potential impacts associated with antennas on
private property throughout the City.
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code §§ 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 § 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 proposal 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 interim Urgency Ordinance is an administrative procedure related to uses,
facilities, and regulations identified in the RPVMC and General Plan, and given that the
proposed interim Urgency Ordinance is not related to a specific project (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 been satisfied in the manner required by law.
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 §36937 and §65858 expressly authorize 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
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Ordinance No. 665U
Page 3 of 7
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.
“Antenna” as referred to in §17.96.085 of the RPVMC, means a structure consisting of
elements that may either receive or transmit electromagnetic energy.
“Antenna assembly” as referred to in §17.96.087 of the RPVMC, means the totality of
equipment used to support reception by or transmission from an antenna. It in cludes the
antenna(s), including antennas used in connection with amateur repeaters, antenna
support structure(s), and any radiating elements, cables, parabolic dishes and
mechanical rotators.
“Director” means the Director of Community Development, and his/her designee.
“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 siz e 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. §17.76.020 (Antennas) of the RPVMC governs the installation, use and
permitting of all antennas on private property. These provisions were originally adopted
in 1983 pursuant to Ordinance No. 166, with a series of piecemeal updates that need a
major overhaul to reflect current state and/or federal law pertaining to antennas.
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Ordinance No. 665U
Page 4 of 7
B. The provisions governing the installation, use, and permitting of 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
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 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 acknowledges that certain antennas may be protected
under state and federal law and said laws limit local authority with respect to regulations
that limit or hinder installation, maintenance, and operation of certain antennas. As such,
this ordinance will not apply to those antennas protected by state and/or federal law. The
City will accept and process all applications for antennas in the timeline required by state
and federal law.
D. The City has received an application for five Ultra High Frequency (UHF)
antennas to be installed on the roof of an existing residential structure that are proposed
to be 9.5 feet tall as measured from the roof line to the top of the antenna assembly. The
antennas would result in an overall structure as tall as a three-story building, and would
be severely detrimental to the visual character of the neighborhood.
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Ordinance No. 665U
Page 5 of 7
E. The City Council wishes to expeditiously update the RPVMC’s provisions
relating to antennas so as to be compatible with the neighborhoods where they will be
erected.
F. The City Council further finds and determines that §17.76.020 (Antennas)
of the RPVMC needs to be repealed and hereby directs Staff to draft and return with a
new Chapter 17.77 (Antennas), which shall include, but not be limited to, consideration
of the following elements:
• Commercial and noncommercial antennas
• Aesthetic impacts of antennas on neighboring properties and the community
• View preservation and height limitations
• Parameters of federal and state law, including FCC regulations and guidance
• Bring the municipal code provisions regarding antennas into compliance with best
industry practices and current law, including federal and state requirements
G. The City Council hereby directs Staff to expeditiously proceed with a code
amendment process by presenting a new Chapter 17.77 (Antennas) before the Planning
Commission for their input on the proposed code amendment for recommendation to the
City Council.
Section 4. Moratorium
A. During the effective period of this Ordinance, no application for a 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 antenna
or antenna assembly 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.
B. Notwithstanding, any provisions herein, in the event an applicant can
establish that they are entitled to a permit or other approval or authorization under federal
or state law to install, modify or expand an antenna or antenna assembly, they shall be
entitled to submit legal support for the same. In the event the applicant sufficiently
supports they are legally entitled to install, operate or modify, the City shall accept and
process the application pursuant to RPVMC §17.76.020 (Antennas) as it is presently
codified.
Section 5. Review and Study
A. City Staff, the Planning Commission, and the City Council, each requires a
reasonable period of time to study the existing 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 antennas on private property.
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Ordinance No. 665U
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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 antennas on private property, (2)
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 Counc il 10 days prior
to the expiration of this Moratorium, or any extension thereof, and (3) 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 antenna regulations, in that allowing antennas
without appropriate regulations in place, including permitting antennas 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. Posting
The City Clerk shall further certify to the adoption and posting of this Ordinance,
and shall cause this Ordinance and its certification, together with proof of posting, to be
entered in the Book of Ordinances of the Council of this City of Rancho P alos Verdes.
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 45 days following the date of its adoption unless extended in accordan ce
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.
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Ordinance No. 665U
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PASSED, APPROVED and ADOPTED this 4th day of October, 2022, by a four-
fifths vote of the entire City Council.
________________________________
David L. Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, 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; and 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 October 4, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Teresa Takaoka, City Clerk
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