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CC RES 2024-037 RESOLUTION NO. 2024-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2024-19 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD NEW ANTENNA DEVELOPMENT PERMIT FEES INCLUDING A CONDITIONAL WIRELESS FACILITY PERMIT, AN ADMINISTRATIVE WIRELESS, FACILITY PERMIT, AN ELIGIBLE FACILITY PERMIT, AND AN OVER-THE-AIR RECEPTION DEVICES (OTARD) PERMIT. WHEREAS, the City of Rancho Palos Verdes ("City") conducted an extensive analysis of its services, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and WHEREAS, based on that analysis of services, the City Council adopted Resolution 2021-15 approving a new Master Schedule of Fees for Fiscal Year 2021-22 and establishing a Total Cost Allocation Plan and Fully Burdened Hourly Rates for City services; and WHEREAS, the City Council adopted Resolution 2023-17, amending Resolution No. 2021-15, thereby adding certain new fees to the Council-adopted Master Schedule of fees and establishing an updated Fully Burdened Hourly Rates for City Services; and WHEREAS, the City now desires to update its Master Schedule of Fees and Charges and appropriately adjust the City's Fully Burdened Hourly Rates for Fiscal Year 2024-25 by amending Resolution No. 2023-17; and WHEREAS, California Government Code Section 66000, et. seq. authorizes the City to adopt fees for municipal services, provided such fees do not exceed the cost to the City in providing the service; and WHEREAS, on April 4 and 18, 2024, a public notice was published in the Peninsula News describing the contents of this public hearing matter and details on how to view and participate in the public hearing; and WHEREAS, after conducting a public hearing on May 7, 2024, the City adopted Resolution No. 2024-19 thereby adopting an updated Master Schedule of Fees and Charges for City services; and, WHEREAS, on June 4, 2024, Ordinance No. 682 was introduced by the City Council, which repealed §17.76.020 (Antennas) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC) and replaces it with Chapter 17.73 (Wireless Telecommunication Facilities on Private Property)to ensure that the City's Antenna Code provisions are consistent with state and federal telecommunications law, and that wireless communications are reasonably available while the scenic views, quality of life, character, and aesthetics of the City are protected; and WHEREAS, on June 18, 2024, a second reading of Ordinance No. 682 will be conducted as part of the City Council's regularly scheduled meeting establishing July 19, 2024 as effective date of Ordinance No. 682; and WHEREAS, Ordinance No. 682, if adopted, will establish a set of new permits associated with antenna development including a Conditional Wireless Facility Permit, an Administrative Wireless Facility Permit, an Eligible Facility Permit, and an Over the Air Reception Devices Permit; and WHEREAS, permit fees for the new Antenna Development Permits do not exist in the City's Master Schedule of Fees and Charges thus necessitating an amendment to the Master Schedule of Fees and Charges; and WHEREAS, on May 30, 2024 and June 13, 2024, notices of a public hearing describing the contents of this public hearing matter and details on how to view and participate in the public hearing to be held on June 18, 2024 was published in the Palos Verdes Peninsula News,; and WHEREAS, the proposed amendment to the Master Fee Schedule was made available to the public ten days prior to the City Council's,June 18, 2024 public hearing; and WHEREAS, on June 18, 2024, the City Council conducted a duly noticed public hearing for the proposed amendment of the City's Master Schedule of Fees and Charges; and, WHEREAS, the adoption of this Resolution amending Resolutions 2021-15, 2023- 17, and 2024-19 approves and sets forth a procedure for determining fees, charges and rates for the purpose of adding new Antenna Development Permit fees for a Conditional Wireless Facility Permit, an Administrative Wireless Facility Permit, an Eligible Facility Permit, and an Over-the-Air Reception Devices Permit, on private property, and is, therefore, exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.) pursuant to Public Resources Code Section 21080(b)(8)(A); and WHEREAS, all requirements of California Government Code Sections 66016 and I 66018 are hereby found to have been satisfied. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Resolution No. 2024-37 111 Page 2 of 4 Section 1: The facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by references as though set forth in full. Section 2: The City Council hereby finds that the adoption of this Resolution amending Resolution No. 2024-19 to add new Antenna Development Permits fees. including a Conditional Wireless Facility Permit, an Administrative Wireless Facility Permit, an Eligible Facility Permit, and an Over the Air Reception Devices Permit, on private property is exempt from the California Environmental Quality Act(Public Resources Code Sections 21080 et seq.) pursuant to Public Resources Code Section 21080(b)(8)(A)). Section 3: The City Council hereby finds that the new Antenna Development Permit fees listed in the attached Exhibit A do not exceed the cost to the City of processing the future Antenna Development Permits, and the requirement to establish, if needed, a trust deposit to cover actual cost associated with consultant services, such as, but not limited to, the City Attorney, telecommunication experts, other consultants charged against a trust deposit. Section 4: The City Council hereby approves and adopts the revisions to the Master Schedule of Fees and Charges for City Services and hereby amends the relevant provisions of Resolution No. 2024-19 to add new permit fees for Antenna Development Permits including a Conditional Wireless Facility Permit, an Administrative Wireless Facility Permit, an Eligible Facility Permit, and an Over the Air Reception Devices Permit, attached hereto as Exhibit "A". Section 5: The amended Master Schedule of Fees and Charges for Services specified in this Resolution shall become effective immediately upon its passage and adoption. Section 6: The City Clerk shall certify the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. Resolution No 2024-37 Page 3 of 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California, on this 18th day of June 2024. John C : shank, Mayor ATTEST: 44.4.916/__.> L-t'éresIa1caoka, 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 foregoing Resolution No. 2024-37, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2024. Tere akaoka, City Clerk Resolution No. 2024-37 111 Page 4 of 4 Resolution No. 2024-37 Exhibit A Proposed New Antenna Development Permit Fees Permit Type Proposed Fee Conditional Wireless Facility $5,400 Permit + trust deposit Administrative Wireless $4,600 Facility Permit + trust deposit Eligible Facility Permit $1,195 + trust deposit Over the Air Reception $4,940 Devices Permit + trust deposit I Resolution No. 2024-37 Exhibit A Page 1 of 1