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ORD 216U ORDINANCE NO. 216U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING 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, as amended by Ordinance No. 214U, is amend- ed 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. Unless and until such Conditional Use Permit is ob- tained, no demolition permit shall be issued for removal or demolition of any structure in the coastal zone currently utilized for commercial recrea- tional purposes , or utilized for such purposes within one year prior to the date of adoption of this ordinance. 11/ 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. 707CP/ORD2.1 "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. "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: 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 6: This ordinance shall apply to every successor in interest to the person owning the property when the commercial recreational use was discontinued, reduced or modified, and every subsequent person controlling said property. "Section 7: 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: 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 health, welfare and safety that Ordinance 213U was adopted to alleviate still exists. 707CP/ORD2.2 -2- Ordinance No. 216U 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. This ordinance, in amending Ordinance 213U, will insure that no permits will be issued for the removal or demolition of the buildings , tanks and other structures at Marineland unless and until a conditional use permit is obtained from the City for the establishment of any new use or the commer- cial recreational use. The possibility that such demolition or removal could be accomplished before the City has been able to determine the feasi- bility of preserving or re-establishing any or all of the educational, rec- reational, or entertainment uses of the site, including the marine animal care facility, poses an immediate threat to the public health, welfare and safety. This ordinance will also insure that none of the limited commer- cial recreational facilities currently existing within the coastal zone are demolished or removed unless and until a Conditional Use Permit is obtained from the City for any new or alternative use. This ordinance is therefore necessary to preserve the public health, welfare and safety and shall take effect immediately upon its adoption. This ordinance shall expire upon the expiration of Ordinance 213U and any extensions thereof. PASSED, APPROVED, and ADOPTED, on March 17, 1987. if /41,.//Ard.k" AK , / L.��.I MAYOR ATTEST: .0' J A _ . CITY CLERK S $ E 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. 216U, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 17, 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 III 1/1) AO CI Y CLERK CIT OF RANCHO PALOS VERDES 707CP/ORD2.3 -3- Ordinance No. 216U • • ORDINANCE/RESOLUTION NO. ORD. 216U FILE(' 701 x 1801 x 1804 SUBJECT: AMENDING ORDINANCE NO. 213U AND DECLARING THE URGENCY THEREOF { INTRODUCED: ADOPTED: 3/17/87 POSTED/PUBLISHED 3/31/87 ORDINANCE DISTRIBUTION: RESOLUTION DISTRIBUTION: City Attorney „PUBLIC WORKS DEPARTMENT Richards, Watson, Dreyfuss & Gershon 333 South Hope St. , 38th Floor ,/ENVIRONMENTAL SERVICES 3)150°a ° Los Angeles, CA 90071" __LEISURE SERVICES Zn. BOOK PUBLISHING COMPANY o n 201 Westlake Avenue N. COMMUNITY SERVICES DEPT. Seattle, WA 98109 __CITY MANAGER PACIFIC TELEPHONE 19310 Gateway Drive, Rm 208 _..._STATION COMMANDER Torrance, CA 90502 26123 Narbonne Ave. Lomita, CA 90717 SOUTHERN CALIF. WATER SERVICE 5837 CREST RD. WEST COUNTY ASSESSOR RANCHO PALOS VERDES, CA 90274 500 Hall of Administration Los Angeles, CA 90012 REGISTAR 5557 'Ferguson Drive __„LEAGUE OF CALIFORNIA CITIES Los Angeles, CA 90022 702 Hilton Center ATTN: Margaret Miller Los Angeles, CA 9001.7 Election Administration RECORDER .� L.A. COUNTY DEPT. of PUBLIC WORKS /Public ATTN: City Services Roads 227 N. Broadway 1540 Alcaiar Street Los Angeles, CA 90012 Los Angeles, CA 90033 _SCHOOL - SPCA 5026 West Jefferson Blvd. HOMEOWNERS ASSOCIATION Los Angeles, CA 90016 APPLICANT _____SO. CALIFORNIA GAS COMPANY 22741 Hawthorne Blvd. ,,,,_,_•T.M. CABLEVISION Torrance, CA 90501 31244 P.V. Drive West, Suite 207 0 out ,' Rancho Palos Verdes, CA 90274 S0. CALIFORNIA EDISON CO. P. 0. Box 2944 3j3° S Torrance, CA 90509 POSTED AT 6 VARIOUS PLACES: , 8 11 1. City Hall 3 y 4. Hesse Park 2. L.A. County Fire Station • 5. Rancho Palos Verdes Park Miraleste Station 6. Ladera Linda Park 4000 Miraleste Plaza 3. U.S. Post Office 28649 South Western Ave.