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ORD 650 ORDINANCE NO. 650 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RENAMING THE TITLE OF CHAPTER 12.16 TO READ, "STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES"; REPEALING AND REPLACING SECTIONS 12.16.010 (PROTECTION OF FLORA, FAUNA AND PUBLIC BUILDINGS AND STRUCTURES) AND 12.16.045 (AIRCRAFT); AND ADDING 12.16.170 (VENDING, COMMERCIAL SERVICES, AND INDUSTRIAL ACTIVITIES IN PARKS, PRESERVE, BEACHES, AND RECREATIONAL FACILITIES) OF CHAPTER 12.16 (STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO REGULATE USE OF CERTAIN AIRCRAFTS, VENDING, COMMERCIAL SERVICES, AND INDUSTRIAL ACTIVITY IN PARKS, THE PRESERVE, BEACHES, AND RECREATIONAL FACILITIES. WHEREAS, the City of Rancho Palos Verdes has the authority to adopt regulations to further the public health, safety, and welfare, pursuant to its authority under Art. XI, Sec. 7 of the California Constitution; and WHEREAS, the City has entered into a Natural Communities Conservation Plan/Habitat Conservation Plan ("NCCP/HCP") for the purpose of providing comprehensive management and conservation of multiple species, including but not limited to species listed under the federal Endangered Species Act of 1973 within the Palos Verdes Nature Preserve ("Preserve"); and WHEREAS, the NCCP/HCP requires the City to account for and remediate any substantial habitat damage within the Preserve; and WHEREAS, the City Council of the City of Rancho Palos Verdes wishes,to clarify such prohibitions and to provide clear enforcement guidance to City personnel, park rangers, and law enforcement; and WHEREAS, the City Council desires to adopt provisions of the Public Use Master Plan ("PUMP") prohibiting damage to the Preserve into the Rancho Palos Verdes Municipal Code to provide for mechanisms to enforce such prohibitions; and WHEREAS, the City also wishes to enact provisions to better regulate, enforce, and seek remedies to damaged facilities and habitat in City parks, the Preserve and recreational facilities; and 01203.0001/746471.1 WHEREAS, the City has the authority to obtain reimbursement for damage done to City property, pursuant to Public Utilities. Code § 10251, and to City trees, pursuant to Civil Code § 3346; and 111 WHEREAS, as part of the NCCP/HCP the PUMP has been established to balance public access to the Preserve with natural resource protection; and WHEREAS, the PUMP prohibits any commercial or industrial uses within the Preserve, or any activity that would damage the Preserve; and WHEREAS, the City wishes to clarify such prohibitions and to provide clear enforcement guidance to City code enforcement personnel and Park Rangers; and WHEREAS, the City desires to adopt provisions of the PUMP prohibiting commercial and industrial activities within the Preserve into the Rancho Palos Verdes Municipal Code to provide for mechanisms to enforce such prohibitions; and WHEREAS, the City also wishes to better regulate vending, commercial services, industrial activity, and habitat damage in City parks and recreational facilities; and WHEREAS, the City desires to establish vending regulations in the Preserve, parks, beaches, and recreational facilities; and WHEREAS, the City Council has determined that it is in the public interest and welfare to adopt this Ordinance in order to provide for an enforcement mechanism that achieves the goals of the PUMP, to preserve and protect endangered species, and to allow for comprehensive management of the parks, Preserve and recreational facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The facts set forth in the Recitals are true and correct, and are incorporated herein by reference. Section 2. Chapter 12.16 "STREETS, PARKS AND RECREATIONAL FACILITIES" is hereby renamed "STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES." Section 3. Section 12.16.010, (Protection of flora, fauna and public buildings and structures) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: "12.16.010 — Protection of flora, fauna and public buildings and structures. I 01203.0001/746471.1 A. No person other than authorized park employees or city agents or other III authorized persons in the performance of their duties shall cut, break, dig up, remove, or in any manner injure or alter any plant, animal, public building, structure or contents therein on any park or municipal property. B. This prohibition may be enforced by any means permitted under this Code or state law. C. If any damage to any City-owned or managed plants, animals, public buildings, structures or contents therein requires the City to incur costs or expend either money or personnel time to correct such damage, the City may seek to recover such costs or expenditures, including, reasonable attorneys' fees, as permissible under this Code and state law." Section 4. Section 12.16.045 (Aircraft) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: "Section 12.16.045 (Aircraft) A. To the maximum extent permitted by law, no person shall land, release, take off in, or launch any ultralight vehicle or balloon, as defined by 14 CFR §§ 101.1 & 103.1, including ultralight vehicles commonly known as hang glider, paragliding device, or parasail, from any City-owned land without the express written permission from the City. B. To the maximum extent permitted by law, no person shall fly any ultralight vehicle or balloon, as defined by 14 CFR §§ 101.1 & 103.1 including ultralight vehicles commonly known as hang glider, paragliding device, or parasail, above or over any property that is owned, controlled, or managed by the City without the express written permission of the City. C. To the maximumextent permitted by law, any person who on any' City-owned park, beach, Preserve or other property owned or maintained by the City conducts or participates in the operation of any ultralight vehicle or balloon, as defined by 14 CFR §§ 101.1 & 103.1, including ultralight vehicles commonly known as hang glider, paragliding device, or parasail, in a manner that is in willful or wanton disregard for the safety of persons or property, or without first obtaining the express written permission from the City, is guilty of a misdemeanor." Section 5. Section 12.16.170 (Vending, Commercial Services and Industrial Activities Regulated in the City Parks, Preserve, and Recreational Facilities) of Chapter 12.16 (Streets, Parks and Recreational Facilities" of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is hereby added as follows: 01203.0001/746471.1 "12.16.170 — Vending, Commercial Services, and Industrial Activities Regulated in Parks, Preserve, Beaches, and Recreational Facilities. A. Vending 1. No vending area shall be placed within 100 feet of an intersection or Park or Preserve trail head. 2. No vendor shall sell within the Preserve, on any City beach, or within open space areas and trails. 3. In addition to the operational standards in RPVMC Section 5.28.070, the following shall also be prohibited for any sidewalk vendor operating in any park: a) Operate outside the hours of operation of the park. b) Operate more than six (6) feet from the outer edge of any walking or pathway in the park. c) Operate within 50 feet of any other sidewalk vendor in the park. d) Operate on, or within 100 feet of the outer edge of, any sports field or playground equipment area. e) Utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park in any way as part of the sidewalk vending operation. f) Operate within 25 feet of the outer edge of any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park. g) Vending in a public park during any scheduled event, whether it is a City event or a private event for which a temporary use permit has been obtained. h) Vending is prohibited from operating in a park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that park. B. Commercial Services and Industrial Activities 1. No commercial service or industrial activity is permitted within any City-owned park, Preserve, beach, or recreational facilities unless expressly authorized in writing by the City Manager or the City Manager's designee. For the purposes of this section, "industrial service" shall mean any use of land, buildings or structures designed for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article or thing, or any part thereof and the storage of building and construction equipment and materials. Commercial service shall mean any service sold for profit, including but not limited to camping, boot camps, classes, instruction, guided hikes, commercial dog walking, or organized picnics. 01203.0001/746471.1 2. In deciding whether to grant such authorization for use pursuant to this section, the City Manager or his/her designee shall consider time of day, relative crowding of the area requested, factors of public safety, availability of areas approved for such activities, impact of such activities upon sensitive habitat and adjacent neighborhoods, and any other factor relevant to the welfare of those utilizing City-owned parks, Preserve, beaches or recreational facilities. 3. A decision regarding authorization pursuant to Section A, above, may be appealed in writing to the City Manager within ten calendar days of the decision. The City Manager shall make a decision on the appeal within ten calendar days of receipt of the appeal. The decision of the City Manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure." Section 6. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a "project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy and procedure making; (2) it does not constitutea "project" under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 8. 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. Section 9. This Ordinance shall take effect 30 days after its adoption. 01203.0001/746471.1 PASSED, APPROVED and ADOPTED this 2nd day of November, 2021. sztlicsi Eric Aleg ri, , Mayor ATTEST: dizadtet- eresa 4 - aoka, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES 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. 650 passed first reading on October 19, 2021, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on November 2, 2021, and that the same was passed and adopted by the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria NOES: None ABSENT: None ABSTAIN: None -Gzva-. City Clerk 01203.0001/746471.1 'of 4 m,... cif:,,: Hai/l'J. CITY OF RANCHO PALOS VERDES �if.{2V'J?xn \4:4: M C 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 November 3, 2021, she caused to be posted the following document entitled: ORDINANCE NO. 650, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RENAMING THE TITLE OF CHAPTER 12.16 TO READ, "STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES"; REPEALING AND REPLACING SECTIONS 12.16.010 (PROTECTION OF FLORA, FAUNA AND 111 PUBLIC BUILDINGS AND STRUCTURES) AND 12.16.045 (AIRCRAFT); AND ADDING 12.16.170 (VENDING, COMMERCIAL SERVICES,AND INDUSTRIAL ACTIVITIES IN PARKS, PRESERVE, BEACHES,AND RECREATIONAL FACILITIES)OF CHAPTER 12.16 (STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE,TO REGULATE USE OF CERTAIN AIRCRAFTS, VENDING, COMMERCIAL SERVICES, AND INDUSTRIAL ACTIVITY IN PARKS, THE PRESERVE, BEACHES, AND RECREATIONAL FACILITIES. , a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive 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. City Clerk