CC SR 20231114 04 - Wireless Telecommunications Facilities in ROW Ordinance01203.0015/935046.1
CITY COUNCIL MEETING DATE: 11/14/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to amend Rancho Palos Verdes Municipal Code
Section 12.18.070 (Design and Development Standards) of Chapter 12.18 (Wireless
Telecommunications Facilities in the Public Right of Way) to increase the maximum
height permitted for any antenna above the existing height of a light pole.
RECOMMENDED COUNCIL ACTION:
(1)Introduce Ordinance No. __, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTION
12.18.070 (DESIGN AND DEVELOPMENT STANDARDS) OF CHAPTER 12.18
(WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF
WAY) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE MAXIMUM
HEIGHT PERMITTED FOR ANY ANTENNA ABOVE THE EXISTING HEIGHT OF
A LIGHT POLE FROM FOUR FEET TO UP TO SIX FEET.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Ramzi Awwad, Director of Public Works
REVIEWED BY: same as above
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Ordinance No. __(page A-1)
BACKGROUND AND DISCUSSION:
Chapter 12.18 of the Rancho Palos Verdes Municipal Code (RPVMC) sets forth the
regulations and standards for wireless telecommunications facilities in the public right-of-
way. Particularly, Section 12.18.70 of Chapter 12.18 sets forth the applicable design and
development standards.
1
01203.0015/935046.1
Currently, Section 12.18.070(C)(5)(c) provides that the maximum height of any antenna
shall not exceed four feet above the existing height of a light pole. However, to facilitate
the deployment of wireless facilities in coverage gap areas with current technology, City
staff recommends Section 12.18.070(C)(5)(c) be amended to increase the maximum
height limit to up to six feet above an existing height of a light pole as deemed acceptable
by the Public Works Director. The proposed amendment will provide the Director of Public
Works some flexibility to ensure that the City’s aesthetic goals are met. The ordinance
will apply to any and all wireless telecommunications located, or proposed to be located,
in the public right-of-way.
If the City Council considers introducing the proposed ordinance outlined in this report
(Attachment A), the second reading of the ordinance is tentatively scheduled for City
Council consideration on December 5, 2023. The ordinance would go into effect 30 days
after the second reading.
CONCLUSION:
Staff therefore recommends the City Council introduce Ordinance No. __ to increase
the maximum height limit of an antenna to up to six feet above an existing height of a
light pole as deemed acceptable by the Public Works Director.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify specific changes to the proposed ordinance and continue the
consideration of this ordinance for reintroduction at a future meeting or read
proposed text amendments into the record.
2. Take no action on the proposed ordinance at this time.
2
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING SECTION
12.18.070 (DESIGN AND DEVELOPMENT
STANDARDS) OF CHAPTER 12.18 (WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT OF WAY) TO TITLE 12 (STREETS, SIDEWALKS
AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO INCREASE THE
MAXIMUM HEIGHT PERMITTED FOR ANY ANTENNA
ABOVE THE EXISTING HEIGHT OF A LIGHT POLE
FROM FOUR FEET TO UP TO SIX FEET.
WHEREAS, Chapter 12.18 of the Rancho Palos Verdes Municipal Code (RPVMC)
sets forth the regulations and standards for wireless telecommunications facilities in the
public right-of-way; and
WHEREAS, Section 12.18.070(C)(5)(c) of the RPVMC provides that the maximum
height of any antenna shall not exceed four feet above the existing height of a light pole;
and
WHEREAS, the City Council of the City of Rancho Palos Verdes desires to adopt
an ordinance amending Section 12.18.070(C)(5)(c) of the RPVMC to increase the
maximum height limit to up to six feet above an existing height of a light pole to facilitate
the deployment of wireless facilities in coverage gap areas with current technology.
NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
Section 2. Subsection (C)(5)(c) (Light Poles) of Section 12.18.070 (Design and
development standards) of Chapter 12.18 (Wireless Telecommunications Facilities in the
Public Right of Way) of Title 12 (Streets, Sidewalks, and Public Places) of the Rancho
Palos Verdes Municipal Code is hereby amended to read (new text is identified in bold
italics, deleted text in strikethrough):
“12.18.070(C)(5)(c) – Light Poles.
The maximum height of any antenna shall not exceed four up to six feet above
the existing height of a light pole as deemed acceptable by the Public Works
Director. Any portion of the antenna or equipment mounted on a pole shall be no
less than 16½ feet above any drivable road surface."
A-1
Page 2 of 3
Section 3. The City Council finds that the adoption of this ordinance is exempt
from having to comply with the requirements of CEQA, pursuant to CEQA Guidelines
Section 15061(b)(3) which states: “CEQA only applies to project which have the potential
for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.” There is no possibility the City’s activity
in adopting this ordinance, as mandated by the State, will have a significant, adverse,
effect on the environment.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remainder of this
ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. 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 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
A-2
Page 3 of 3
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Rancho Palos Verdes, California, on this ___ day of November, 2023.
John Cruikshank, Mayor Pro Tem
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; that the foregoing
Ordinance No. ____ was introduced by the City Council of said City at a special meeting
thereof held on ___________, 2023, was duly and regularly adopted by the City Council
of said City at a regular meeting thereof held on ___________, 2023, and that the same
was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Teresa Takaoka, City Clerk
A-3