CC SR 20221115 03 - Antenna Moratorium Extension
PUBLIC HEARING
Date: November 15, 2022
Subject:
Consideration and possible action to adopt an interim urgency ordinance extending the moratorium
period for Urgency Ordinance No. 665U 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.
Recommendation:
Adopt Ordinance No. ___U, AN INTERIM URGENCY ORDINANCE EXTENDING THE MORATORIUM
PERIOD ENACTED BY INTERIM URGENCY ORDINANCE NO. 665U 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 § 17.76.020 (ANTENNAS).
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Bradley
3. Request for Staff Report: Mayor Bradley
4. Staff Report & Recommendation: Jaehee Yoon, Senior 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 Bradley
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: 11/15/2022
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to adopt an interim urgency ordinance extending the
moratorium period for Urgency Ordinance No. 665U 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 Ordinance No. ___U, AN INTERIM URGENCY ORDINANCE EXTENDING
THE MORATORIUM PERIOD ENACTED BY INTERIM URGENCY ORDINANCE
NO. 665U 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 §
17.76.020 (ANTENNAS).
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)
B. Ordinance No. 665U (page B-1)
C. 10-day Report (page C-1)
The previous staff report on this topic can be found on the City’s website via the October
4, 2022, City Council agenda at:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4237&meta_id=107379
1
BACKGROUND:
On October 4, 2022, the City Council adopted Urgency Ordinance No. 665U (Attachment
B), which imposed 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 (RPVMC). In addition, the
City Council initiated code amendment proceedings to amend the aforementioned
RPVMC section with new regulations governing antennas on private property based on
current federal telecommunication laws.
Urgency Ordinance No. 665U is effective for 45 days in accordance with California
Government Code §§ 36937 and 65858 and is set to expire on November 18, 2022.
Tonight’s request is to extend the moratorium period for an add itional 10 months and 15
days, which is the maximum extension permitted by state law, setting the new expiration
date to September 30, 2023.
DISCUSSION:
Urgency Ordinance
Government Code §§ 36937 and 65858 state 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 § 17.76.020 (Antennas), and wherein said ordinance will
be crafted to address any health and safety standards, site conditions relevant to different
zoning designations, and address or mitigate any potential negative impacts to the City’s
unique and high-quality aesthetic standards implemented citywide. The conditions which
necessitated adoption of Urgency Ordinance No. 665U continue to exist at this time, and
the code amendment process requires public outreach, additional analysis, and public
hearings before the City Council and Planning Commission. These tasks cannot be
completed within the initial 45-day moratorium period, and extending the moratorium will
provide Staff with the necessary time to complete its analysis and research to develop
appropriate regulations and ensure the protection of public health, safety, and welfare. To
that end, Staff will continue to further assess federal and state regulations related to
commercial and noncommercial antennas to bring the municipal code provisions into
compliance with best industry practices and current law during the moratorium period.
Once the ordinance is drafted, Staff will proceed to present the proposed code language
before the Planning Commission at a duly-noticed public hearing for consideration at its
earliest opportunity. Upon its review and consideration of the staff report and public input,
the Planning Commission will then forward its recommendation to the City Council for
further consideration.
2
ADDITIONAL INFORMATION:
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
October 31, 2022, the 10-Day Report (Attachment C) was issued and published on the
City’s website summarizing the measures taken to alleviate the conditions that led to the
adoption of Ordinance No. 665U as follows:
1. City Staff has been working on a community engagement plan to receive input
from stakeholders, including neighborhood homeowners associations, residents,
and service providers, on appropriate amendment(s) to RPVMC § 17.76.020
(Antennas) with consideration to both commercial and noncommercial antennas,
aesthetic and view impacts on neighboring properties, compliance with Federal
Communications Commission regulations, and other federal and state
requirements.
2. The City is assembling a technical and legal team that will be needed to analyze
and develop appropriate amendment(s) to RPVMC § 17.76.020.
3. City Staff has commenced the process to amend RPVMC § 17.76.020, including
researching the potential impacts of the same on residential and commercial
properties taking into consideration the requirements of law and the needs of the
industry.
4. A draft code amendment will then need to be presented to the Planning
Commission at a duly noticed Planning Commission meeting at the earliest
opportunity.
5. The City has notified applicants of pending or potential applications regarding the
enacted moratorium on antennas on private properties as the City will temporarily
suspend or not accept new applications during the moratorium period.
6. The adoption of a comprehensive update to RPVMC § 17.76.020 will take time
and careful consideration as well as input from various interested parties. Thus far,
there has been insufficient time since enacting Ordinance No. 665U to complete
this process in a timely manner to amend the code language.
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 as it has
3
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 extending the moratorium on the entitlement,
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 extending the moratorium period for an additional 10 months and 15
days to allow Staff adequate time to research and prepare code amendment proceedings
to amend RPVMC § 17.76.020 (Antennas).
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
November 18, 2022 expiration, thereby directing Staff to continue processing the
code amendment to RPVMC § 17.76.020 (Antennas), and allowing existing
applications or 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.
4
Ordinance No. ___U
Page 1 of 5
ORDINANCE NO. ___U
AN INTERIM URGENCY ORDINANCE EXTENDING THE
MORATORIUM PERIOD ENACTED BY INTERIM
URGENCY ORDINANCE NO. 665U 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 § 17.76.020
(ANTENNAS).
WHEREAS, §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; and
WHEREAS, on October 4, 2022, the City Council adopted Urgency Ordinance
No. 665U, which imposed 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 RPVMC in order to proceed with code amendments
to the aforementioned section with new regulations governing antennas on private
property based on current federal telecommunication laws; and
WHEREAS, on November 18, 2022, the 45-day moratorium period imposed by
Urgency Ordinance No. 665U is set to expire unless the City Council extends the
moratorium period for an additional 10 month s and 15 days, which is the maximum
extension permitted by State law; and
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
that end, this interim Urgency Ordinance is adopted for the immediate preservation of the
public peace, health, and safety, given the potential aesthetic impacts associated with
antennas on private property throughout the City . Given the time constraints of the 45-
day moratorium, which will expire prior to adopting an ordinance amending RPVMC §
17.76.020, staff requires additional time to adequately prepare and complete the code
amendment process; and
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 as 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 extending the moratorium
A-1
Ordinance No. ___U
Page 2 of 5
on the entitlement, 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 i s 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;
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 adoptio n 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 October 31, 2022; and
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. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. The moratorium on the entitlement, establishment, expansion, or
modification of antennas governed pursuant to § 17.76.020 (Antennas) of the RPVMC,
which was enacted by interim Urgency Ordinance No. 665U on October 4, 2022, is hereby
extended pursuant to Government Code § 65858 for an additional period of 10 months
and fifteen days, setting the expiration date as September 30, 2023. All terms shall have
the same meaning as defined in interim Urgency Ordinance No. 665U, and all provisions
of interim Urgency Ordinance 665U 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 plan ning
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.
A-2
Ordinance No. ___U
Page 3 of 5
Section 4. On October 27, 2022, 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. 665U, which are summarized as follows:
A. City Staff has been working on a community engagement plan to receive input
from stakeholders, including neighborhood Homeowners Associations, residents,
and service providers, on appropriate amendment(s) to RPVMC § 17.76.020
(Antennas) with consideration to both commercial and noncommercial antennas,
aesthetic and view impacts on neighboring properties, c ompliance with Federal
Communications Commission regulations, and other federal and state
requirements.
B. The City is assembling a technical and legal team that will be needed to analyze
and develop appropriate amendment(s) to RPVMC § 17.76.020.
C. City Staff has commenced the process to amend RPVMC § 17.76.020, including
researching the potential impacts of the same on residential and commercial
properties taking into consideration the requirements of law and the needs of the
industry.
D. A draft code amendment will then need to be presented to the Planning
Commission at a duly noticed Planning Commission meeting at the earliest
opportunity.
E. The City has notified applicants of pending or potential applications regarding the
enacted moratorium on antennas on private properties as the City will temporarily
suspend or not accept new applications during the moratorium period.
F. The adoption of a comprehensive update to RPVMC § 17.76.020 will take time
and careful consideration as well as input from various interested parties. Thus far,
there has been insufficient time since enacting Ordinance No. 665U to complete
this process in a timely manner to amend the code language.
Section 5. The moratorium extension is necessary to adopt an ordinance
amending RPVMC § 17.76.020 (Antennas), and wherein said ordinance will be crafted to
address any health and safety standards, site conditions relevant to different zoning
designations and address or mitigate any potential negative impacts to the City’s unique
and high-quality aesthetic standards implemented citywide. The code amendment
process requires public outreach, additional analysis, and public hearings before the City
Council and Planning Commission. These tasks cannot be completed within the initial 45-
day moratorium period. Hence, extending the moratorium will provide City Staff with the
necessary time to complete its analysis and research to develop appropriate regulations and
ensure the protection of public health, safety, and welfare.
A-3
Ordinance No. ___U
Page 4 of 5
Section 6. 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 7. 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 8. 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 9. Effectiveness of Ordinance. This Ordinance shall take effect
immediately, pursuant to the authority conferred upon the City Council by Government
Code § 36937.
A-4
Ordinance No. ___U
Page 5 of 5
PASSED, APPROVED and ADOPTED this 15th day of November, 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 November 15, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Teresa Takaoka, City Clerk
A-5
ORDINANCE NO. 665U
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 Federal
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.
Ordinance No. 665U
Page 1 of 7
B-1
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
Ordinance No. 665U
Page 2 of 7
B-2
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 includes 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 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. §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.
Ordinance No. 665U
Page 3 of 7
B-3
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 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 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.
Ordinance No. 665U
Page 4 of 7
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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 codeprovisions 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
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recommendations on appropriate updated regulations for antennas on private property.
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 Council 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 Palos 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 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.111
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.
4111e41111.—
i/Wwgeljripr--
David L. Brad le ayor
Attest:
e64 -
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. 665U 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: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley
NOES: None
ABSENT: None
ABSTAIN: None
oleado„.._
Ter akaoka, City Clerk
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Ordinance No. 665U
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1;:a"
4
i
CITY OF RANCHO
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 4, 2022, she caused to be posted the following document
entitled: ORDINANCE NO. 665U, 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,
a copy of which is attached hereto, in the following locations:
City Hall Abalone Cove Shoreline Park
30940 Hawthorne Blvd. 5970 Palos Verdes Drive South
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.
ity Clerk
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MEMORANDUM
TO: OCTAVIO SILVA, DEPUTY DIRECTOR OF COMMUNITY
DEVELOPMENT/ PLANNING MANAGER
FROM: JAEHEE YOON, SENIOR PLANNER
C DATE: OCTOBER 31, 2022
SUBJECT: 10-DAY REPORT ON THE CITY OF RANCHO PALOS VERDES
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 AS
REQUIRED BY GOVERNMENT CODE §65858(d).
BACKGROUND
On October 4, 2022, pursuant to Government Code §§ 65858 and 36937, the City Council
adopted Urgency Ordinance No. 665U, which imposed 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 (RPVMC) in order to proceed with a comprehensive code update to the
aforementioned section with new regulations governing antennas on private property
based on current federal telecommunication laws. Please click here for the Staff Report.
Government Code § 65858 allows an initial 45-day moratorium to be extended for up to
10 months and 15 days after a duly noticed public hearing is held. As required by
Government Code § 65858(d), the City must also produce a report 10 days prior to the
Council’s public consideration whether to extend the moratorium that describes the
measures taken since enacting the urgency ordinance.
MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE
ADOPTION OF THE URGENCY ORDINANCE
1. City Staff has been working on a community engagement plan to receive input
from stakeholders, including neighborhood Homeowners Associations, residents,
and service providers, on appropriate amendment(s) to RPVMC § 17.76.020
(Antennas) with consideration to both commercial and noncommercial antennas,
aesthetic and view impacts on neighboring properties, compliance with Federal
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Communications Commission regulations, and other federal and state
requirements.
2. The City is assembling a technical and legal team that will be needed to analyze
and develop appropriate amendment(s) to RPVMC § 17.76.020.
3. City Staff has commenced the process to amend RPVMC § 17.76.020, including
researching the potential impacts of the same on residential and commercial
properties taking into consideration the requirements of law and the needs of the
industry.
4. A draft code amendment will then need to be presented to the Planning
Commission at a duly noticed Planning Commission meeting at the earliest
opportunity.
5. The City has notified applicants of pending or potential applications regarding the
enacted moratorium on antennas on private properties as the City will temporarily
suspend or not accept new applications during the moratorium period.
6. The adoption of a comprehensive update to RPVMC § 17.76.020 will take time
and careful consideration as well as input from various interested parties. Thus far,
there has been insufficient time since enacting Ordinance No. 665U to complete
this process in a timely manner to amend the code language.
CONTINUED NEED FOR THE MORATORIUM
Despite Staffs’ efforts, the conditions which necessitated adoption of the moratorium
continue to exist at the present time and the moratorium is set to expire on November 18,
2022. Extending the moratorium will provide City Staff with necessary time to complete its
analysis and research to develop appropriate regulations and ensure the protection of the
public health, safety, and welfare. Therefore, a request to extend the moratorium period,
will be presented before the City Council at its November 15, 2022 meeting.
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