- ---------------------.
URGENCY ORDINANCE NO. 3929
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TORRANCE, CALIFORNIA, AMENDING THE
TORRANCE MUNICIPAL CODE TO ADD SECTION 31.1.10
TO ARTICLE 1 OF CHAPTER 1 OF DIVISION 3
REGARDING FLIGHT SCHOOLS
WHEREAS, the City of Torrance ("City") has the authority to regulate businesses in the City pursuant to its police powers (Cal. Const. Art. XI, § 7), which includes the ability to require and limit the number of business licenses issued for certain businesses, as set forth in California Business and Professions Code section 16000; and
WHEREAS, the purpose of this Urgency Ordinance is to codify long standing restrictions on the number offlight schools in the City to provide for the health, safety and welfare of City of Torrance citizens, and ensure that the restriction on the number of businesses licenses are codified prior to January 1, 2024, the date when business licenses are eligible to be renewed; and WHEREAS, on October 25, 1977, the City of Torrance City Council enacted Resolution No. 77- 215 ("Resolution"), limiting the number of flight schools that could operate at Zamperini Field, also known as the Torrance Municipal Airport (the "Airport"), to six such schools in order to limit noise produced by Airport activities; and
WHEREAS, limiting the number of flight schools permitted to operate in the City is a legitimate exercise of the City's police powers (see, e.g., Cohen v. Board of Supervisors (1985) 40 Cal. 3d 277, 296; Torres v. Department of Alcoholic Beverage Control (1953) 192 Cal. App. 2d 541, 550- 551 ); and
WHEREAS, the City's regulation of the number of flight schools is not preempted by Federal Aviation Administration ("FM") regulations (see, National Helicopter Corp. v. City of New York, 137 F.3d 81, 88 (2d Cir. 1998); FM Airport Compliance Manual 5190.6(8), Chapter 13,
13.2(a)(3) & (b)(2).); and
WHEREAS, there are currently 10 flight schools operating at the Airport pursuant to yearly renewable business licenses, 4 more than the maximum permitted; and WHEREAS, the City must comply with the Resolution, and therefore, informed flight school operators who received a business license later in time than the first six flight schools that their renewable business license would not be renewed for 2024 in compliance with the Resolution, if all six flight schools apply to renewal of their respective business licenses; and WHEREAS, while not legally necessary to enforce the Resolution, the purpose of this Urgency Ordinance is to, prior to the January 1, 2024 renewal date for business licenses, make clear that the 1977 Resolution is still in full force and effect, and to codify this limitation in the Torrance Municipal Code. Although not required by the City's Charter, this Urgency Ordinance is enacted to reinforce the City's 1977 determination that only six flight school business licenses may be active at the Airport at any given time; and
WHEREAS, on December 19, 2023, the City Council of the City of Torrance held a public meeting, took public testimony, and considered the amendments proposed by the Urgency Ordinance; and
WHEREAS, the amendments do not constitute a "project" subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21065; and WHEREAS, even if the amendments were considered a project under CEQA, they are exempt from CEQA pursuant to Sections 15061 (b )(3) and 15301 of Title 14 of the California Code of Regulations. ·
NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows:
SECTION 1
The purpose of this Urgency Ordinance is to provide for the health, safety and welfare of the citizens of the City of Torrance by exercising the police power provided for in the California Constitution that underlies the business licensing powers of the City of Torrance to ensure that an Airport noise abatement standard limiting the number of flight schools to six is complied with and established in the Torrance Municipal Code .
SECTION 2
The provisions of this Urgency Ordinance will apply to the application and issuance of business licenses for flight schools at the Airport. Such flight schools will be subject to the provisions of this Ordinance below.
SECTION 3
A. This Urgency Ordinance is adopted pursuant to Torrance City Charter Section 726, Government Code Section 36937(b) and (e) to protect the public health, safety, and welfare by making clear that the City's 1977 Resolution limiting the number of flight schools to six is still in full force and effect and must be complied with, prior to January 1, 2024.
B. The City Council hereby finds there is a current and immediate threat to the public health, safety and welfare resulting from the amount of noise produced at the Airport related to flight school operations, and any action to permit more than six flight schools in violation of the Resolution would result in a threat to public health, safety, and welfare, for the following reasons:
1. That an Urgency Ordinance is necessary to ensure there is no violation of Airport business licensing regulations and noise abatement programs within the City.
2. That without an Urgency Ordinance to add a new section to the Torrance Municipal Code, and before a Non-Urgency Ordinance becomes effective , the City of Torrance anticipates the application and issuance of business licenses for flight schools for the calendar year 2024 .
3. That there is a current and immediate threat to the public health, safety, and welfare of the City of Torrance and its residents, which necessitates the immediate enactment of an Urgency Ordinance as an urgency measure in order to ensure noise abatement standards are complied with and to restore tranquility to communities surround the Airport.
2 SECTION 4
That a new Section 31.1.10 entitled "Flight Schools" is hereby added to Article 1 (Definitions) of Chapter 1 (General) of Division 3 (Licensing) of the Torrance Municipal Code to read in its entirety as follows:
"31.1.10 FLIGHT SCHOOL.
Flight School shall have the same definition as set forth in 49 CFR § 1552.1 (b), as that section may be amended from time to time, and shall mean any pilot school , flight training center, air carrier flight training facility, or flight instructor certificated under 14 CFR part 61, 121, 135, 141, or 142,as those provisions are amended from time to time; or any other person or entity that provides instruction under 49 U.S.C. Subtitle VII, Part A, in the operation of any aircraft or aircraft simulator. No more than 6 active business licenses may be issued for Flight Schools in the City at any one time." SECTION 5 INCONSISTENCIES
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the City of Torrance inconsistent with this Urgency Ordinance to the extent of the inconsistencies and no further , are repealed .
SECTION 6 SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Urgency Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction , such decision will not affect the validity of the remaining portions of this Urgency Ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this Urgency Ordinance and each section, subsection , sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 7 VIOLATIONS
Any person violating any of the provisions of this Urgency Ordinance will be guilty of an infraction, and upon conviction will be subject to a fine as provided for in Section 36900 of the Government Code.
SECTION 8 CEQA FINDINGS
The City Council finds that this Urgency Ordinance is not a project under the California Environmental Quality Act (CEQA). Alternatively, if the Urgency Ordinance is considered project under CEQA, it is nonetheless exempt from CEQA pursuant to Sections 15061(b)(3) and 15301 of Title 14 of the California Code of Regulations .
SECTION 9 EFFECTIVE DATE
This Urgency Ordinance enacted under California Government Code Section 36937 will take effect immediately and upon adoption by five-sevenths vote by the City Council and become operative on December 19, 2023.
3