ORD 214U ORDINANCE NO. 214U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING AND EXTENDING ORDINANCE
NO. 213U AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOL-
LOWS:
Section 1 : Ordinance 213U is amended to read as follows:
"Section 1: Every person owning or controlling property in the coastal
zone upon which a commercial recreational use is located, as defined in
Chapter 17.24 of the Rancho Palos Verdes Municipal Code, shall comply with
the following requirements if said commercial recreational use is discon-
tinued, reduced or its operation modified.
a) All buildings and other structures shall remain unboarded and in
all respects appear to be occupied. Any existing or proposed sign(s) shall
be subject to Chapter 17.52 of the Development Code.
b) No chain link or other fence or structure, whether temporary or
permanent, shall be erected to prevent normal entry upon the property.
c) All landscaping activities and grounds maintenance shall be contin-
ued as if the use remained viable and operating.
d) All previously existing parking for and access to the coastal zone
shall be maintained in the same manner and to the same extent as when the
use was operating.
e) Adequate security personnel shall be provided to ensure that the
property will not become vandalized or pose a safety hazard. Such person-
nel shall not restrict any established coastal access.
f) No new use may be established, nor may the commercial recreational
use be re-established, unless a Conditional Use Permit is first obtained
pursuant to Chapter 17.56 of Article VII of Title 17 of the Rancho Palos
Verdes Municipal Code.
g) The owner, agent or -person having the beneficial use of buildings
or other structures covered by this ordinance shall submit a written plan
of the anticipated future use of the site including the building use and
scale of operation to the Director of Environmental Services within 30 days
after said use is discontinued, reduced or modified.
"Section 2: For purposes of this ordinance, modification of operation
of a commercial recreational use shall include, but not be limited to, re-
duction in the hours said use is open to the public.
"Section 3: Violation of this ordinance shall constitute a misdemeanor
and shall be punishable by imprisonment in the County Jail for a term not
to exceed six months or payment of a fine not to exceed $1 ,000, or both
such fine and imprisonment. Each day that a violation continues shall be a
separate and distinct offense.
707CP/ORD1.1
"Section 4: Violation of this ordinance shall constitute a public nui-
sance and may be abated by the City and the cost thereof placed as a lien
on the property pursuant to Government Code Section 38773.5.
"Section 5: No demolition permit shall be issued for removal or demo-
lition of any structure in the coastal zone currently utilized, or utilized
within one year prior to the date of adoption of this ordinance, for com-
mercial recreation uses without first securing a Conditional Use Permit
from the City pursuant to Chapter 17.56 of Article VII of Title 17 of the
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Rancho Palos Verdes Municipal Code.
"Section 6: If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsec-
tions, sentences , clauses or phrases had been declared invalid or unconsti-
tutional.
"Section 7: This ordinance shall apply to every successor in interest
to the person owning the property when the commercial recreation use was
discontinued, reduced or modified, and every subsequent person controlling
said property.
"Section 8: The coastal zone is an extremely sensitive and important
resource and the Rancho Palos Verdes Coastal Plan is designed to encourage
coastal access and recreation. The Coastal Plan is also designed to pre-
serve and enhance the coastal environment. Permitting any of the limited
commercial recreational uses to cease operation without restrictions could
reduce the already limited quantity of coastal access and create blight
from derelict and abandoned structures and buildings.
Marineland has recently been sold to Harcourt, Brace & Jovanovich.
Despite assurances to the contrary, Harcourt, Brace & Jovanovich has taken
actions indicating the possible intention of ceasing operation of Marine-
land as a regional recreational attraction. Marineland is an important fo-
cal point of the City and the most recognized landmark in the City. Unreg-
ulated abandonment of Marineland could cause blight, create an attractive
nuisance and close a significant coastal access point. Similar problems
were created in Long Beach and Santa Monica when similar uses were abandon-
ed and the facilities permitted to deteriorate. This ordinance will estab-
lish regulations ensuring that unused commercial recreational facilities
will not become nuisances. This ordinance is therefore necessary for the
preservation of the public health, safety and welfare, shall take effect
immediately upon its adoption, and shall be of no further force or effect
45 days after its adoption unless extended following a public hearing."
Section 2: The City Council on February 17 , 1987 issued a written
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report describing the measures taken to alleviate the conditions which led
to the adoption of Ordinance 213U. These measures, in summary, consisted
of attempting to stay informed of the intentions of the owner of Marineland
concerning the immediate and long-term uses of the property and initiating
procedures to establish a permanent ordinance establishing regulations for
commercial recreation uses.
Section 3: Ordinance 213U is hereby extended until January 25 , 1988.
707CP/ORD1.2 -2- Ordinance No. 214U
Section 4: Since the adoption of Ordinance 213U the owners of Marine-
land have closed the facility. They have not indicated their future plans
for the site. It is likely that the facility will be vacant for a consid-
erable period of time before it is re-opened or a new use is established.
Therefore, the immediate threat to the public safety, health and welfare
that Ordinance 213U was adopted to alleviate still exists.
The closure of Marineland has eliminated a regional educational, recre-
ational and cultural resource utilized by millions of area residents. The
closure will also eliminate one of the few existing facilities to treat in-
jured marine animals for release into the wild. Since the closure, several
groups have been investigating the possibility of continuing some of the
educational uses of the site, as well as the marine animal care facility.
Removal or demolition of the buildings , tanks and other structures at
Marineland may make it infeasible to preserve or re-establish these uses.
The possibility that such demolition and removal could be accomplished be-
fore the City has been able to determine if these efforts to preserve these
uses will be successful poses an immediate threat to the public health,
safety and welfare.
This ordinance will extend Ordinance 213U. This extension is necessary
to alleviate the immediate threat to the public peace, safety and welfare
described in Section 5 of Ordinance 213U. In addition, this ordinance will
insure that no demolition permits will be issued for Marineland before the
City can determine whether efforts to preserve any of the educational, rec-
reational, or entertainment uses of the site and the marine animal care
facility are feasible. This ordinance will also insure that none of the
other limited commercial recreation facilities currently existing within
the coastal zone are destroyed or removed until a review is made to deter-
mine whether alternatives to such destruction or removal are available.
This ordinance is therefore necessary to preserve the public health, safety
and welfare and shall take effect immediately upon its adoption. This
ordinance shall expire on the expiration of Ordinance 213U and any exten-
sions thereof.
PASSED, APPROVED, and ADOPTED, on March 4, 1987.
Afi I A'Ael
MAYOR
ATT :
400' //
A
TY CLERK
STA OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby cer-
tify that the whole number of members of the City Council of said City is
five; that the foregoing ordinance, being Ordinance No. 214 U, was duly
and regularly adopted by the City Council of said City at a regular meeting
thereof held on March 4, 1987, and that the same was passed and adopted by
the following roll call vote:
AYES: HINCHLIFFE, McTAGGART, RYAN AND MAYOR HUGHES ,
NOES: NONE
ABSENT: BACHARACH
,1I _/
CITY CLERK
CIF OF RANCHO PALOS VERDES
707CP/ORD1.3 -3- Ordin nce No. 214--
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ORDINANCE/RESOLUTION NO 214U FILE// 701 x 1801 x 1804
SUBJECT: AMENDING AND EXTENDING ORDINANCE -NO. 213U AND DECLARING THE URGENCY THEREQF.
INTRODUCED: ADOPTED: 3/4/87 POSTED/PUBLISHED 4/10/87
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POSTED AT 6 Various Places:
Torrance, CA 90509
1. City Hall 4. Hesse Park
2. L.A. County Fire Station //r 29301 Hawthorne Blvd. 3))0J '
Miraleste Station 5. Rancho Palos Verdes Park
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