ORDINANCE NO. 3928
AN 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, 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 Ordinance is to 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 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 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,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1
That a new Section 31.1.1 O 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 2 INCONSISTENCIES
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the City inconsistent with this Ordinance to the extent of the inconsistencies and no further, are repealed.
SECTION 3 SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this 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 Ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this 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 4 VIOLATIONS
Any person violating any of the provisions of this 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 5 CEQA FINDINGS
The City Council finds that this Ordinance is not a project under the California Environmental Quality Act (CEQA). Alternatively, if the 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.
2 SECTJON 6 EFFECTIVE DATE
This Ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this Ordinance or a summary of this Ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this 19th day of December, 2023.
ADOPTED and PASSED this 9th day of January, 2024 .
APPROVED AS TO FORM :
PATRICK Q. SULLIVAN, Cit y Attorney
by
Tatia
TORRANCE CITY COUNCIL ORDINANCE NO. 3928
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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ss
I, Rebecca Poirier, City Clerk of the City of Torrance , California, do hereby certify that the foregoing Ordinance was duly introduced and approved by the City Council of the City of Torrance at a regular meeting held on the 19th day of December 2023 and adopted and passed by said Council at an adjourned regular meeting held on the 9th day of January 2024 by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Griffiths, Kalani, Lewis, Mattucci, Sheikh and
Mayor Pro-T em Kaji.
None.
None.
Mayor Chen.
This ordinance was duly published in accordance with State law (GC 40806).
Re b~
City Clerk of the City of Torrance
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