CC SR 20211005 04 - Muni Code Updates Chapter 12.16
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CITY COUNCIL MEETING DATE: 10/05/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to reintroduce Ordinance No. 650 amending Chapter
12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and
Public Places) of the Rancho Palos Verdes Municipal Code.
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the City Attorney’s legal analysis of the City’s ability to regulate its
airspace specifically as it relates to paragliders and other similar aircrafts; and,
(2) Reintroduce 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 12.16.020
(MOTORIZED VEHICLES); AND ADDING 12.16.170 (COMMERCIAL
ACTIVITIES AND INDUSTRIAL ACTIVITIES IN 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 TO
PREVENT DAMAGE TO CITY FACILITIES, INCLUDING VEGETATION; TO
PROHIBIT THE OPERATION OF MOTORIZED VEHICLES, MOTORIZED
BICYCLES, AND ELECTRIC BICYCLES IN CITY PARKS, PRESERVE AND
RECREATIONAL FACILITIES; AND TO REGULATE COMMERCIAL ACTIVITY
(INCLUDING VENDING) AND INDUSTRIAL ACTIVITY IN PARKS, PRESERVE,
AND RECREATIONAL FACILITIES.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Katie Lozano, Senior Administrative Analyst, Recreation and Parks
Department
REVIEWED BY: Cory Linder, Director, Recreation and Parks Department
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. __ (page A-1)
B. August 17, 2021, Staff Report (page B-1)
BACKGROUND:
At the August 17, 2021, City Council meeting, Staff brought forward recommendations to
amend Chapter 12.16 of the Rancho Palos Verdes Municipal Code (RPVMC). More detail
on these recommendations is provided in the August 17, 2021 staff report (Attachment
B), but in summary, the City Council was asked to consider the following:
1. Rename RPVMC Chapter 12.16 to include the word “Preserve,” and to read,
“Streets, Parks, Preserve, and Recreational Facilities.”
2. Repeal and replace RPVMC 12.16.010 to prohibit damage to City facilities,
including vegetation.
3. Repeal and replace RPVMC 12.16.020 to prohibit motorized vehicles and e -
bicycles.
4. Repeal and replace RPVMC 12.16.045 to prohibit paragliding over City property.
5. Add RPVMC 12.16.170 to prohibit commercial services and industrial activity in
parks and the Preserve.
Based on discussion that ensued that evening, the City Council moved , on a vote of 4-1
(Councilmember Dyda dissenting), to introduce Ordinance No. 650 thereby 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 12.16.020 (Motorized Vehicles); and adding 12.16.170
(Commercial Services and Industrial Activities Prohibited in Parks, Preserve, and
Recreational Areas) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title
12 (Streets, Sidewalks and Public Places) of the RPVMC, to prevent damage to City
facilities, including vegetation; to prohibit the operation of motorized vehicles, motorized
bicycles, and electric bicycles in City parks, Preserve and rcreational facilities; and to
regulate commercial activity (including vending) and industrial activity in parks, the
preserve, and recreational facilities. The City Council also adopted Resolution No. 2021-
40, amending the City’s Bail Schedule to reflect changes to the RPVMC and to update
fine amounts for specific violations.
The City Council’s motion did not include amending Section 12.16.045 (Aircraft) of the
RPVMC because they requested clarification on the City’s ability to regulate airspace and
to prohibit certain aircraft (paragliders, parasails, and balloons) from flying over City
property. Thus, the City Council directed Staff and the City Attorney to come back at a
later time with a legal analysis.
However, Staff did not bring the second reading of Ordinance No. 650 to the City Council
for adoption because additional analysis from the City Attorney yielded that the City
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cannot enforce regulations over airspace, and it was necessary for Staff to recraft the
ordinance for reintroduction. Additionally, clarification was also realized to the section of
the ordinance pertaining to e-bikes.
In response to the August 17 direction to further clarify the City’s ability to regulate
airspace over the City, the City Attorney’s Office has prepared a legal analysis included
in this staff report for the City Council’s consideration. Attached is a draft ordinance
(Attachment A) that reintroduces the amendments to Chapter 12.16 from the August 17
meeting, as well as includes the following proposed modifications for the City Council’s
consideration:
1. Repeal and replace RPVMC 12.16.020 to prohibit motorized vehicles, motorized
bicycles, and electric bicycles in parks, Preserve, and recreational facilities.
2. Add RPVMC 12.16.170 to regulate commercial activities (including vending) and
industrial activities in parks, Preserve, and recreational facilities.
DISCUSSION:
The following discusses the City Attorney’s legal analysis on the City’s ability to regulate
airspace over the City, along with proposed modifications to Ordinance 650 introduced at
the August 17 meeting.
Legal Analysis on Prohibiting Overflights of City Airspace
While Staff had originally proposed to prohibit such overflights, based on regulations
adopted by the County of Los Angeles, at the request of the Mayor Pro Tem, the City
Attorney was asked to provide a legal analysis of the City’s regulatory authority of its
airspace. Based on that analysis it is the further considered the opinion of the City
Attorney that the City lacks such regulatory authority.
The federal government regulates and enforces airspace. The City, however, can
regulate where any kind of aircraft (with or without engine) can take off and land, airports,
helipads etc. as this is considered a matter of local land use. The City cannot regulate
paragliders, parasailing, or hang gliders using airspace because such regulations would
be preempted and enforced by the Federal Aviation Administration (FAA).
Based on the above, the legal opinion of the City Attorney is that the City cannot regulate
the use of airspace over the City by ultralight aircraft s (i.e. paragliders) but can regulate
the launching and landing, which is already regulated in the RPVMC.
Amendments to Chapter 12.16 of the RPVMC
On August 17, 2021, the City Council received information and justifications for four
amendments to Chapter 12.16 of the City’s Municipal Code pertaining to renaming
RPVMC Chapter 12.16; Protection of flora and city facilities; E -bike use in parks,
Preserve, and City facilities; and Commercial services and industrial activities in Parks,
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Preserve, and City facilities. The City Council introduced the ordinance that evening.
Despite the introduction, Staff has identified further clarification on use of e-bikes and
commercial and industrial activity in parks, Preserve, and recreational facilities. Thus,
Staff recommends reintroducing the ordinance as detailed in the August 17, 2021 staff
report (Attachment B) with the modification discussed below.
1. Repeal and replace RPVMC §12.16.020 to prohibit motorized vehicles, motorized
bicycles, and electric bicycles in parks, Preserve, and recreational facilities.
The major difference between the language proposed this evening and the language
proposed on August 17, 2021 is that the current proposed language clearly defines what
an e-bicycle is per the California Vehicle Code. The proposed language reads:
“12.16.020 - Motor Vehicles, Motorized Bicycles, Electric Bicycles in
Parks, Preserve, and Recreational Facilities Prohibited.
A. The purpose of this chapter is to ensure that City parks, the
Preserve, and recreational facilities (collectively, City recreational
spaces) are maintained in good condition and in a manner that
protects the health, safety, and welfare of visitors by preventing
the use of motor vehicles and electric bikes that pose a risk to park
visitors or damage park property.
B. No person shall park or operate any motor vehicle, electric
bicycle, motorized bicycle, or moped in City recreational spaces,
except in designated areas, other than authorized park employees
or city agents in performance of their duties.
C. For the purposes of this section, the following definitions shall
apply:
1. “Motor vehicle” shall have the same meaning as Section 415 of
the Vehicle Code, including any amendments or successor
statutes thereto.
2. “Motorized bicycle” or “moped” shall have the same meaning
as Section 406 of the Vehicle Code, including any amendments
or successor statutes thereto.
3. “Electric bicycle” shall have the same meaning as Section
312.5 of the Vehicle Code, including any amendments or
successor statutes thereto.
D. A person shall not operate any motor vehicle, electric bicycle,
motorized bicycle, or moped on or over any fire break or any fire
protection roads which are posted against public use and
provided with locked gates, or operate any motor vehicle, electric
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bicycle, motorized bicycle, or moped on or over any riding or
hiking trail, including a riding and hiking trail established under
Article 6 of Chapter 1 of Division 5 of the Public Resources Code
of the state of California.
E. No part of this section shall be construed to prohibit the use in
City recreational spaces of self-propelled wheelchairs, motorized
tricycles, or motorized quadricycles, if operated by a person who,
by reason of physical disability, is otherwise unable to move about
as a pedestrian.”
2. Add RPVMC 12.16.170 to regulate commercial activities (including vending) and
industrial activities in parks, Preserve, and recreational facilities.
The difference between the ordinance language staff proposed on August 17, 2021 and
the language proposed this evening, is that staff has included provisions for vending in
City parks, Preserve and recreational facilities consistent with the Community
Development Department’s proposed revisions to RPVMC Chapter 5.28 (Vending on
Public Property) addressing vending on public property, which is a separate item on
tonight’s agenda. Section 12.16.070 is compatible and works together with the proposed
changes to Chapter 5.28, and would regulate vending activity in parks, Preserve, and
recreational facilities. This change is captured in proposed Section 12.16.070 (A). Part
B of this section remains unchanged and so was not included in this summary.
“12.16.070 – Commercial activity (including vending) and industrial
activity in parks, Preserve, and recreational facilities
A. Vending
1. Vending in a park requires a permit pursuant to Chapter 5.28.
2. No vending area shall be placed within 30 feet of any trail head.
3. No vending shall occur within the Preserve.
4. In addition to the operational standards in RPVMC Section
5.28.070, the following shall also be prohibited for any vendor
operating in any park or recreational facility:
a. Operate outside the hours of operation of the park (RPVMC
12.16.030).
b. Operate more than six (6) feet from the 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 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.
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f. Operate within 25 feet of the 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
special use permit or special event permit has been
obtained unless operating under a City issued special use
permit or special event permit.
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.
ADDITIONAL INFORMATION:
Regulating E-bicycles within Public Right-of-Way
At the September 7, 2021 City Council Meeting, Mayor Pro-Tem Bradley requested a
report be provided on the possibility to regulate e-bicycles within the public right-of-way.
The California Vehicle Code provides that a local government cannot “enact or enforce
any ordinance or resolution on the matters covered by this code, … unless expressly
authorized by this code.” The California Vehicle Code governs the operation of motor
vehicles, bicycles, and e-bicycles on public streets and highways. Therefore, the City
cannot regulate the operation of bicycles and electric bicycles on streets and highways in
the same way that it cannot regulate the operation of motor vehicles.
However, per California Vehicle Code § 21206, local authorities may by ordinance
regulate the registration of bicycles and e-bicycles, and the parking and operation of
bicycles and e-bicycles on pedestrian or bicycle facilities such as trails, sidewalks, and
some bike lanes, provided such regulation is not in conflict with any provision of the
Vehicle Code.
At this time, bicycles nor e-bicycles are not causing any problems on sidewalks or bike
lanes and therefore staff does not recommend adding provisions to address these.
However, as noted in the “Discussion” section of this staff report, as well as the August
17, 2021 Staff Report, Staff recommends prohibiting the use of e-bicycles within the Palos
Verdes Nature Preserve and other park and recreational facilities in the City to prevent
adverse impacts to protected and natural resources.
Unless otherwise directed by the City Council, based on the above, Staff will not provide
a future report on regulating e-bicycles within the public right-of-way.
Public Outreach
Public outreach regarding this item has been conducted. Public notices were placed in
the Peninsula News and Daily Breeze newspapers. Staff has placed notices at major
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trailheads, this agenda item was discussed at the July 21 Preserve Public Forum, and
Breaking News and Preserve listserv messages were sent to disseminate information.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not amend the RPVMC.
2. Identify amended language to include in the proposed ordinance.
3. Direct Staff to provide a future report on regulating e-bicycles within the public
right-of-way.
4. Take other action, as deemed appropriate.
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ORDINANCE NO. _____
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 12.16.020 (MOTORIZED VEHICLES); AND
ADDING 12.16.170 (COMMERCIAL ACTIVITIES AND INDUSTRIAL
ACTIVITIES IN 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 TO PREVENT DAMAGE TO CITY
FACILITIES, INCLUDING VEGETATION; TO PROHIBIT THE
OPERATION OF MOTORIZED VEHICLES, MOTORIZED BICYCLES,
AND ELECTRIC BICYCLES IN CITY PARKS, PRESERVE AND
RECREATIONAL FACILITIES; AND TO REGULATE COMMERCIAL
ACTIVITY (INCLUDING VENDING) AND INDUSTRIAL ACTIVITY IN
PARKS, THE PRESERVE, 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
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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
WHEREAS, the Rancho Palos Verdes Municipal Code currently prohibits parking
and operating “motorized vehicles” in parks and recreational facilities except in
designated areas, other than authorized park employees or city agents in performance of
their duties; and
WHEREAS, there has been an increased use of electric bicycles in City parks,
Preserve, and recreational facilities; and
WHEREAS, Vehicle Code Section 21207.5 (a) prohibits the use of motorized
bicycles or class 3 electric bicycles on a bicycle path or trail, bikeway, bicycle lane
established pursuant to Section 21207, equestrian trail, or hiking or recreational trail,
unless it is within or adjacent to a roadway or unless the City expressly permits it by
ordinance; and
WHEREAS, Vehicle Code Section 21207.5 (b) also allows the City to prohibit class
1 and 2 electric bicycles on bicycle paths or trails within the City; and
WHEREAS, the use of motor vehicles, motorized bicycles, electric bicycles in City
parks, Preserve, and recreational facilities (collectively referred to as City recreational
spaces) poses a safety risk to other visitors of these facilities, and such vehicles cause
damage to parks and protected habitats; and
WHEREAS, the City Council desires to mitigate the impacts of motor vehicles,
electric bicycles, motorized bicycles in City recreational spaces by clarifying the extent of
restrictions on their use in City parks, Preserve, and recreational facilities; and
WHEREAS, the California Vehicle Code defines “motor vehicle,” “bicycle,” “electric
bicycle,” and “motorized bicycle” or “moped,” the incorporation of which into the Rancho
Palos Verdes Municipal Code shall serve to eliminate any uncertainty as to what types of
vehicles are prohibited from use in City parks 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 clarify restrictions on the use of motor vehicles
within City parks, Preserve, and recreational facilities and to prohibit the use of motor
vehicles, electric bicycles, motorized bicycles in these facilities, both to preserve the
facilities and to protect the health, safety, and welfare of visitors.
WHEREAS, attempts by the City to curtail the prolific and unlawful use of motor
vehicles, electric bicycles, and motorized bicycles,within City parks and recreational
facilities has been met with resistance by visitors; and
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WHEREAS, the use of motor vehicles, electric bicycles, and motorized bicycles in City
parks and recreational areas poses a safety risk to other visitors of these facilities, and
such vehicles can cause damage to parks, trails, and protected habitats; and
WHEREAS, the City Council desires to address these issues related to the use of
motor vehicles, electric bicycles, and motorized bicycles in City parks and recreational
facilities by clarifying the extent of restrictions on their use in City parks, Preserve, 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 clarify restrictions on the use of motorized
vehicles and within City parks, Preserve, and recreational facilities and to prohibit the use
of motorized vehicles, electric bicycles, and motorized bicycles in these facilities, both to
preserve the facilities and to protect the health, safety, and welfare of visitors.
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 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, 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.
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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.
A. No person other than authorized park employees or city agents or other
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 12.16.020 (Motorized Vehicles) 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:
12.16.020 - Motor Vehicles, Motorized Bicycles, and Electric Bicycles in
Parks, Preserve, and Recreational Facilities Prohibited.
A. The purpose of this chapter is to ensure that City parks, the Preserves, and
recreational facilities (collectively, City recreational spaces) are maintained in good
condition and in a manner that protects the health, safety, and welfare of visitors by
preventing the use of motor vehicles and electric bikes that pose a risk to park visitors or
damage park property.
B. No person shall park or operate any motor vehicl e, electric bicycle,
motorized bicycle, or moped in City recreational spaces, except in designated areas,
other than authorized park employees or city agents in performance of their duties.
C. For the purposes of this section, the following definitions shall apply:
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1. “Motor vehicle” shall have the same meaning as Section 415 of the Vehicle
Code, including any amendments or successor statutes thereto.
2. “Motorized bicycle” or “moped” shall have the same meaning as Section
406 of the Vehicle Code, including any amendments or successor statutes
thereto.
3. “Electric bicycle” shall have the same meaning as Section 312.5 of the
Vehicle Code, including any amendments or successor statutes thereto.
D. A person shall not operate any motor vehicle , electric bicycle, motorized
bicycle, or moped on or over any fire break or any fire protection roads which are
posted against public use and provided with locked gates, or operate any motor
vehicle, electric bicycle, motorized bicycle, or moped on or over any riding or hiking
trail, including a riding and hiking trail established under Article 6 of Chapter 1 of
Division 5 of the Public Resources Code of the state of California.
E. No part of this section shall be construed to prohibit the use in City
recreational spaces of self-propelled wheelchairs, motorized tricycles, or
motorized quadricycles, if operated by a person who, by reason of physical
disability, is otherwise unable to move about as a pedestrian .
Section 5. Section 12.16.170 (Commercial Services and Industrial Activities
Prohibited 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:
12.16.170 – Commercial Activities (including vending) and Industrial
Activities Prohibited in Parks, Preserve, and Recreational Areas.
A. Vending
1. Vending in a park requires a permit pursuant to Chapter 5.28.
2. No vending area shall be placed within 30 feet of any trail head.
3. No vending shall occur within the Preserve.
4. In addition to the operational standards in RPVMC Section 5.28.070, the
following shall also be prohibited for any vendor operating in any park:
a) Operate outside the hours of operation of the park (RPVMC 12.16.030).
b) Operate more than six (6) feet from the edge of any walking or pathway
in the park.
c) Operate within 50 feet of any other vendor in the park.
d) Operate on, or within 100 feet of the 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.
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f) Operate within 25 feet of the 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 special use permit
or special event permit has been obtained unless operat ing
under a City issued special use permit or special event permit.
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, or recreational facility, including beaches 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.
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, or recreational facilities.
3. A decision regarding authorization pursuant to Section B, 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 constitute a “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
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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.
PASSED, APPROVED and ADOPTED this __th day of __________, 2021.
______________________________
Eric Alegria, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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01203.0001/732063.7
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. _____ passed first reading on _________, 2021, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
_______________, 2021, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
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CITY COUNCIL MEETING DATE: 08/17/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to amend Chapter 12.16 (Streets, Parks and
Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho
Palos Verdes Municipal Code and to update the City’s bail schedule.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.__, 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), 12.16.020 (MOTORIZED
VEHICLES), AND 12.16.045 (AIRCRAFT); AND ADDING 12.16.170
(COMMERCIAL SERVICES AND INDUSTRIAL ACTIVITIES PROHIBITED IN
PARKS, PRESERVE, AND RECREATIONAL AREAS) 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 PROHIBIT THE FOLLOWING IN CITY PARKS,
PRESERVE, AND RECREATIONAL AREAS: DAMAGE TO; THE USE OF
MOTOR VEHICLES AND E-BIKES; THE USE OF HANG GLIDERS,
PARAGLIDERS, AND PARASAILS; AND COMMERCIALS SERVICES AND
INDUSTRIAL ACTIVITIES; and,
(2) Adopt Resolution No. 2021-__, AMENDING THE CITY’S BAIL SCHEDULE TO
REFLECT CHANGES TO THE MUNICIPAL CODE AND TO UPDATE FINE
AMOUNTS FOR SPECIFIC VIOLATIONS.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Katie Lozano, Senior Administrative Analyst, Recreation and Parks
Department
REVIEWED BY: Cory Linder, Director, Recreation and Parks Department
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. __ (page A-1)
B. Draft Resolution No.__ (page B-1)
BACKGROUND:
In response to activity in the Palos Verdes Nature Preserve and other City-owned open
space areas including parks and beaches, Staff recommends five amendments be made
to Chapter 12.16 (Streets, Parks, and Recreational Facilities) of the Rancho Palos Verdes
Municipal Code (RPVMC) to improve the City’s ability to enforce certain regulations, and
in some cases to strengthen and clarify existing regulations. Staff also recommends
updating the City’s bail schedule to make certain all existing violations have an associated
fine and can therefore be enforced through a citation issued by the City or law
enforcement. These recommended amendments are being made based on the
Recreation and Parks Department’s analysis of enforcement efforts and challenges over
the Park Ranger Program’s first 17 months of operation.
The RPVMC is the collection of laws passed by the City Council, and it is the document
that assigns enforcement officers the authority to enforce those laws, and defines the
penalties for violations. The bail schedule is the City Council-adopted list of fines
associated with violations within the RPVMC. Lastly, the Preserve Public Use Master Plan
(PUMP) is the City Council-adopted document that defines how public use may take place
in the Preserve in a way that balances public access with natural resource protection; and
it lists allowed and prohibited uses. The PUMP is also a necessary component of the
City’s Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP).
However, uses defined as prohibited in the PUMP, are not enforceable until the City
additionally codifies them in the RPVMC and bail schedule.
Below lists the five amendments Staff recommends be made to the RPVMC:
1. Rename RPVMC Chapter 12.16 to include the word “Preserve,” and to read,
“Streets, Parks, Preserve, and Recreational Facilities.”
2. Repeal and replace RPVMC 12.16.010 to prohibit damage to City facilities,
including vegetation.
3. Repeal and replace RPVMC 12.16.020 to prohibit motorized vehicles and e-
bicycle.
4. Repeal and replace RPVMC 12.16.045 to prohibit paragliding over City property.
5. Add RPVMC 12.16.170 to prohibit commercial services and industrial activity in
parks and the Preserve.
Attached is a draft ordinance that proposes to codify the recommended amendments for
the City Council’s consideration (Attachment A).
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DISCUSSION:
1. Rename the Title of RPVMC Chapter 12.16 to include the Preserve
The current name of RPVMC Chapter 12.16 is “Streets, Parks and Recreational
Facilities.” However, over the last 12 years, the City has begun actively managing the
Preserve in response to increased public use and the need to enforce Preserve rules
more effectively. In 2009, the City began its enforcement by hiring Park Rangers through
the Mountains Recreation and Conservation Authority and now provides enforcement
through City-hired rangers. All of the regulations in Chapter 12.16 apply to the Preserve
as well. For this reason, Staff recommends changing the title to RPVMC Chapter 12.16
by adding the word “Preserve” to now read, “Streets, Parks, Preserve, and Recreational
Facilities.”
2. Repeal and Replace RPVMC § 12.16.010 to prohibit damage to City facilities including
vegetation
RPVMC § 12.16.010 currently reads:
12.16.010 – Protection of flora, fauna and public buildings and structures.
No person other than authorized park employees or city agents or other
authorized persons in the performance of their duties shall cut, break, di g up,
remove, or in any manner injure any plant, animal, public building, structure or
contents therein on any park or municipal property.
This violation is currently punishable by a fine designated in the bail schedule as $50 for
the first offense, $100 for the second offense, and $200 for the third offense within a given
year. However, these fines are at the discretion of Torrance Superior Court and are often
reduced at the courthouse’s discretion. Additionally, this sum will not often cover the cost
of damage that occurred. When habitat damage occurs in the Preserve, the City is
responsible for holding the violator responsible for remediating the damage caused.
However, there is no mechanism in the RPVMC to do this.
Staff recommends amending RPVMC § 12.16.010 to allow the City to recover costs from
violators to restore habitat for areas purposefully damaged. This is achieved by adding
the following language to this section of the RPVMC:
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, via civil action.
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The added language is intended to address some past examples of violations including
large-scale grading on Preserve property to accommodate unpermitted private
development, resulting in habitat destruction; individuals deciding to clear vegetation on
their own in the Preserve to create a desired trail; and Preserve neighbors sending
personal landscapers into the Preserve to conduct what they inappropriately feel is fuel
modification. Under this new provision, the City would work with its Preserve Habitat
Manager, the Palos Verdes Peninsula Land Conservancy (PVPLC), to determine the cost
to restore an area damaged, and then the City would require the violator to pay the fine
to the City. The fine would be put toward habitat restoration, as required and defined in
the City’s NCCP/HCP.
3. Repeal and replace RPVMC §12.16.020 to prohibit motorized vehicles and motorized
bicycles.
RPVMC § 12.16.020 currently reads:
12.16.020 – Motorized Vehicles
No person shall park or operate any motorized vehicle in any park and/or
recreational facility except in designated areas, other than authorized park
employees or city agents in performance of their duties.
With the recent explosion in popularity of motorized bicycles (also known as e-bicycle or
e-bikes), land managers in Los Angeles County and beyond are working to determine
how they should be regulated. Many jurisdictions are banning e-bicycles from facilities,
while some facilities are allowing their use. When the City, PVPLC, and W ildlife Agencies
(U.S. Fish and Wildlife Service and California Department of Fish and Wildlife) developed
the PUMP, which defines allowable uses in the Preserve to minimize impacts to habitat,
e-bicycles were not popular, and they were not specifically allowed nor prohibited by the
PUMP. With the City Attorney's assistance, Park Rangers have been interpreting RPVMC
12.16.020 prohibiting motorized vehicles, to also include prohibiting e-bicycles. Signs
have been installed at key trailheads prohibiting e-bicycles, and while e-bicycles presence
has since decreased, regular violations still occur, as this is an ever-growing and popular
sport.
The City has historically heard concerns from some hikers and some equestrians about
how mountain bikes may decrease public safety on multiuse trails, however few reported
interactions have resulted in actual injury. Most reports are near-misses, poor trail
etiquette, or concerns about potential collisions. The City has also recently, with the
explosion of the sport, heard increasing support for the use of e-bicycles in the Preserve.
This support has included that e-bicycles provide a low impact fitness alternative to
people who cannot ride a conventional mountain bike, because e -bicycles provide pedal
assistance, and that many e-bicycle riders are responsible, do not ride fast, and follow
trail etiquette.
Staff is including an analysis of some potential pros and cons of allowing e -bicycles into
the Preserve:
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Pros:
E-bicycles increase accessibility to a new user group in the Preserve.
E-biking is a popular new sport enjoyed by a wide range of riders.
E-biking provides an enjoyable low-impact fitness opportunity to individuals not
capable of riding a conventional mountain bike and increases health and well-
being.
Cons:
The primary purpose of the Preserve is habitat and covered species conservation.
Passive recreational use is conditional, meaning that it may only take place if it
does not negatively impact the conservation value of the Preserve.
Most trails in the Preserve are inherited social trails with minor maintenance
performed by the City and PVPLC. Multiuse trails are not specifically designed to
handle multiple user types or higher e-bicycle speeds. Allowing e-bicycles use on
these trails could lead to increased user conflict, and more trampling of habitat on
the sides of trails (trail widening).
E-bicycles impact on habitat and wildlife is still being determined. Potential
negative impacts could include higher speeds resulting in running over wildlife
(rabbits, snakes, etc.); and allowing a rider to travel further into the Preserve on
trails because e-bicycles require a lower level of fitness/physical exertion and have
higher speeds then a conventional mountain bike.
Widening of trails if newer e-bicycles users cannot control staying on trail.
E-bicycles can travel up to 20 miles per hour. This ability for higher speed can
increase user conflict and public safety for all users in the Preserve.
Many trails in the Preserve are considered intermediate due to their elevation and
terrain, and require an intermediate fitness and skill level. Because e-bicycles have
lesser skill and fitness levels, allowing e-bicycles in the Preserve could open the
area up to some novice users with limited skill and ability to avoid collisions with
other people and habitat.
The Preserve has already experienced a significant increase in use over the past
approximately 10 years, largely due to social media, which the City is actively
working to manage. It may not be an appropriate time to allow a new popular sport.
If the Preserve is one of the few open space areas in L .A. County that allows e-
bicycle use, it could become further popularized through social media.
Two common questions related to e-bicycles that have been raised by the public are
addressed by Staff below:
Are e-bikes required to accommodate disabled individuals? Are they
required for the City to comply with Americans with Disabilities Act (ADA)
law? No. The California Vehicle Code specifies devices available to provide ADA
accommodations. These include motorized quadricycles, motorized tricycles, and
motorized and non-motorized wheelchairs. The City Attorney’s Office has
interpreted that prohibiting e-bikes does violate ADA law.
B-5
Could a permit system be implemented to allow limited responsible e -bike
use in the Preserve? While Staff could create a permit system, it would be very
difficult to enforce especially due to the many entry points into the Preserve and
other park areas.
At this time, Staff recommends prohibiting e-bicycles from the Preserve because the pros
are outweighed by the cons. The decision to reconsider e-bicycles can be made at any
time, after analysis has been completed on impacts to natural resources, and more
management techniques have been developed. To prohibit e -bicycles from being used in
the Preserve and other open space areas in the City, Staff recommends adding language
to RPVMC Section 12.16.020 to also prohibit motorized bicycles, as defined in the
California Vehicle Code, as shown below:
12.16.020 - Motor Vehicles and Motorized Bicycles in Parks, Preserve, and
Recreational Facilities Prohibited.
A. The purpose of this chapter is to ensure that City parks, Preserve and
recreational facilities are maintained in good condition and in a manner that protects the
health, safety, and welfare of visitors by preventing the use of motorized vehicles and
motorized bikes that are deemed to pose a risk to visitors or damage City property.
B. For the purposes of this chapter, the following definitions shall apply:
1. “Motor vehicle” shall have the same meaning as Section 415 of the
Vehicle Code, including any amendments or successor statues thereto.
2. “Motorized bicycle” shall have the same meaning as Section 406 of
the Vehicle Code, and includes any amendments or successor statues
thereto. Motorized bicycles are also commonly known as e -bikes.
C. No person shall park, operate, or bring any motor vehicle or motorized
bicycle in any City-owned park, Preserve, or recreational facility except in designated
areas, other than authorized park employees or City agents in performance of their duties.
D. No person shall park, operate or bring any motor vehicle or motorized
bicycle on or over any riding or hiking trail, except in designated areas, other than
authorized park employees or City agents in performance of their duties.
4. Repeal and replace RPVMC § 12.16.045 to prohibit paragliding over City property.
RPVMC § 12.16.170 currently reads:
12.16.045 – Aircraft
No person shall land, release, take off in, or fly in any balloon designed to carry
passengers, helicopter, parasail, hang glider, or other aircraft from any city -
B-6
owned land except in areas specifically set aside therefore or with the express
written permission from the city.
The City has seen consistent violations of the City’s ordinance prohibiting launching and
landing from City property for at least the past 15 years. This prohibited activity has
resulted in complaints from residents about privacy concerns, trespassing, and
vandalism. It has also resulted in trampling and denuding sensitive habitat in the
Preserve, intentional removal and vandalism of vegetation from active habitat restoration
sites, and vandalism of City signs and trail closures. The ordinance is difficult to enforce
as currently written because it only prohibits launching and landing on public property. It
does not prohibit flying over public property. It is challenging to issue a citation and have
that citation stand up in court as the ordinance is currently written because the
enforcement officer must be able to prove where the paraglider has launched or landed.
A common landing area is the beach below Trump National Golf Course, which is a
partially City-owned and partially a private beach. The enforcement officer currently needs
to prove that the violator has landed on the public portion of the beach and above the
mean high tide line, which is part of the public beach under City regulation. Additional
launching and landing sites have included parks and internal to the Preserve, which can
be dangerous to park/Preserve users, and can damage habitat.
Staff recommends strengthening the paragliding ordinance to prohibit paragliding over
public property, as shown below:
12.16.045 - Aircraft.
A. Definitions.
1. “Hang gliding” means flight or gliding by any motorless, heavier –than–air
contrivance now known or hereafter invented, used or designed for navigation of or flight
in the air in which the pilot, crew and passengers are carried externally to the frame of
such contrivance.
2. “Paragliding” means flight or gliding by means of a parachute or parachute -
like contrivance that allows and individual to control their course and trajectory as they
float to the ground.
3. “Parasailing” means flight or gliding by means of a parachute or parachute-
like contrivance while being towed by a boat or other motor vehicle.
B. No person shall land, release, take off in, or launch in any balloon , hang
glider, paragliding device, parasail or other aircraft from any City-owned land without the
express written permission from the City.
C. No person shall fly above or over any property that is owned, controlled, or
managed by the City in any balloon, hand glider, paragliding device, or parasail without
the express written permission of the City.
B-7
D. Any person who on any City-owned park, beach, Preserve or other property
owned or maintained by the City conducts or participates in, hang gliding, paragliding, or
parasailing 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.
The above language is modeled after the L.A. County ordinance, which prohibits
paragliding over public property. This would make the violations associated with
paragliding easier to enforce.
5. Add RPVMC § 12.16.170 to prohibit commercial services and industrial activity in
parks and the Preserve
The PUMP currently prohibits commercial and industrial activity in the Preserve.
However, these provisions are not captured in the RPVMC, and so they are not
enforceable. Staff proposes adding the prohibition of commercial services and industrial
activities to the RPVMC. Preserve enforcement has not encountered commercial selling
of goods or industrial uses in the Preserve. However, the City has had issues with
commercial services in the Preserve, including organized half-marathons, commercial
dog walking, fitness boot camps, and luxury picnics (within parks). Additionally, the City
is addressing vending in public places as part of a separate process, and in compliance
with Senate Bill No. 946 pertaining to sidewalk vendors (tentatively scheduled to be
considered by the City Council on September 7). At this time, Staff recommends only
adding the prohibition of commercial services and industrial activity, as shown below:
12.16.170 – Commercial Services and Industrial Activities Prohibited in Parks,
Preserve, and Recreational Areas.
A. No commercial service or industrial activity is permitted within any City -
owned park, Preserve, or recreational areas 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, fin ishing,
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 servic e sold for profit,
including but not limited to camping, boot camps, classes, instruction, guided hikes,
commercial dog walking, or organized picnics.
B. 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,
or recreational facilities.
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C. A decision regarding authorization pursuant to Section A, above, may be
appealed in writing to the City Manager within ten calendar days of the d ecision. 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 P rocedure.
6. Amend the City’s Bail Schedule to Update Fine Amounts for Specific Violations
Staff also recommends amending the existing bail schedule to include fines for seven
existing regulations. Fines for these older regulations were inadvertently not added to the
bail schedule when the regulations were approved by the City Council in the past. This is
largely a cleanup item. The violations will become enforceable by a citation, once they
are added to the bail schedule. In addition to these seven existing regulations, Staff
recommends adding a fine for the newly proposed prohibition of commercial services and
industrial activity under consideration in this report.
The fine for a misdemeanor is up to $1,000. The standard fines charged for infractions
within RPVMC Chapter 12.16 are $50 for the first violation, $100 for the second violation,
and $300 for the third violation, all within the same year. When processed by Torrance
Superior Court, administrative and processing fees are added to these City base fines at
the Torrance courthouse’s discretion. For example, a first-time dog off-leash citation has
the City’s base fine of $50. However, after courthouse administrative and processing fees
are applied, the citation is usually approximately $380. The fine for the parking violations
listed below is $110. These are processed by a third party vendor, and do not have
administrative/processing fees applied. The recommended amendments to the bail
schedule are listed below and is memorialized in the attached resolution (Attachment B):
Misdemeanors
o Discharge of weapons prohibited (RPVMC § 9.08.010)
o Photography and Film – Permit Required (RPVMC § 9.16.020)
o Special Events Permits (RPVMC §12.20.040)
Infractions
o Possession and consumption of alcohol prohibited (RPVMC §12.16.160)
o Commercial services and industrial activity prohibited (RPVMC §12.16.170)
Parking Violations
o Description of permits - Display (RPVMC §10.02.070)
o Destruction of residential parking permit due to transfer of vehicle or change
of address (RPVMC §10.20.090)
o Limited parking on certain streets (RPVMC §10.44.010)
ADDITIONAL INFORMATION:
Public outreach regarding this item has been conducted. Public notices were placed in
the Peninsula News and Daily Breeze newspapers. Staff has placed notices at major
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trailheads, this agenda item was discussed at the July 21 Preserve Public Forum, and
Breaking News and Preserve listserv messages were sent to disseminate information.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Do not amend the RPVMC or update the bail schedule.
2. Identify amended language to include in the proposed ordinance.
3. Take other action, as deemed appropriate.
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ORDINANCE NO. _____
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), 12.16.020 (MOTORIZED VEHICLES), AND
12.16.045 (AIRCRAFT); AND ADDING 12.16.170 (COMMERCIAL
SERVICES AND INDUSTRIAL ACTIVITIES PROHIBITED IN
PARKS, PRESERVE, AND RECREATIONAL AREAS) 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 PROHIBIT THE FOLLOWING IN CITY PARKS, PRESERVE,
AND RECREATIONAL AREAS: DAMAGE TO; THE USE OF
MOTOR VEHICLES AND E-BIKES; THE USE OF HANG GLIDERS,
PARAGLIDERS, AND PARASAILS; AND COMMERCIALS
SERVICES AND INDUSTRIAL ACTIVITIES.
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 and recreational areas;
and
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WHEREAS, the City has the authority to obtain reimbursement for damage done
to City property, Public Utilities. Code § 10251, and to City trees, Civil Code § 3346.
WHEREAS, the Rancho Palos Verdes Municipal Code currently prohibits the use
of “motorized vehicles” in parks and recreational areas except in designated areas; and
WHEREAS, attempts by the City to curtail the prolific and unlawful use of motor
vehicles, e-bicycles, and mopeds within City parks and recreational areas has been met
with resistance by visitors; and
WHEREAS, the use of motor vehicles, e-bicycles and mopeds in City parks and
recreational areas poses a safety risk to other visitors of said facilities, and such vehicles
can cause damage to parks, trails, and protected habitats; and
WHEREAS, the City Council desires to address these issues related to the use of
motor vehicles, e-bicycles, and mopeds in City parks and recreational facilities by
clarifying the extent of restrictions on their use in City parks, Preserve, 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 clarify restrictions on the use of motorized
vehicles and e-bicycle within City parks and recreational facilities and to prohibit the use
of motorized vehicles, e-bicycles, and mopeds in said facilities, both to preserve the
facilities and to protect the health, safety, and welfare of visitors.
WHEREAS, the City Council finds that individuals seeking to use paragliders and
hang gliders cause significant damage to City parks, Preserve, and recreational facilities
at launch and landing sites; and
WHEREAS, the City Council finds that paragliders and hang gliders can create a
public safety hazard launching and landing in City parks, Preserve, and recreational
facilities; and
WHEREAS, the City Council finds that it is in the public interest and welfare to
adopt this Ordinance in order place restrictions on the use of hang gliders, paragliders,
and parasails within City parks, Preserve, and recreational facilities in order to prevent
damage to, and public safety hazards in City parks, Preserve, and recreational facilities.
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
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WHEREAS, the City desires to adopt provisions of the PUMP prohibiting the use
commercial services and industrial uses 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 commercial services, industrial
activity, and habitat damage in City parks and recreational areas; 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 prese rve and protect endangered species, and to
allow for comprehensive management of the Preserve and the NCCP/HCP.
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 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.
A. No person other than authorized park employees or city agents or other
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’ fee s, as permissible under this Code and
state law, via civil action.
Section 4. Section 12.16.020 (Motorized Vehicles) 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:
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12.16.020 - Motor Vehicles and Motorized Bicycles in Parks, Preserve, and
Recreational Facilities Prohibited.
A. The purpose of this chapter is to ensure that City parks, Preserve and
recreational facilities are maintained in good condition and in a manner that protects the
health, safety, and welfare of visitors by preventing the use of motorized vehicles and
motorized bikes that are deemed to pose a risk to visitors or damage City property.
B. For the purposes of this chapter, the following definitions shall apply:
1. “Motor vehicle” shall have the same meaning as Section 415 of the
Vehicle Code, including any amendments or successor statues thereto.
2. “Motorized bicycle” shall have the same meaning as Section 406 of
the Vehicle Code, and includes any amendments or successor statues
thereto. Motorized bicycles are also commonly known as e-bikes.
C. No person shall park, operate, or bring any motor vehicle or motorized
bicycle in any City-owned park, Preserve, or recreational facility except in designated
areas, other than authorized park employees or City agents in performance of their duties.
D. No person shall park, operate or bring any motor vehicle or motorized
bicycle on or over any riding or hiking trail, except in designated areas, other than
authorized park employees or City agents in performance of their duties.
Section 5. 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:
12.16.045 - Aircraft.
A. Definitions.
1. “Hang gliding” means flight or gliding by any motorless, heavier–than–air
contrivance now known or hereafter invented, used or designed for navigation of or flight
in the air in which the pilot, crew and passengers are carried externally to the frame of
such contrivance.
2. “Paragliding” means flight or gliding by means of a parachute or parachute -
like contrivance that allows and individual to control their course and trajectory as they
float to the ground.
3. “Parasailing” means flight or gliding by means of a parachute or parachute-
like contrivance while being towed by a boat or other motor vehicle.
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B. No person shall land, release, take off in, or launch in any balloon, hang
glider, paragliding device, parasail or other aircraft from any City-owned land without the
express written permission from the City.
C. No person shall fly above or over any property that is owned, controlled, or
managed by the City in any balloon, hand glider, paragliding device, or parasail without
the express written permission of the City.
D. Any person who on any City-owned park, beach, Preserve or other property
owned or maintained by the City conducts or participates in, hang gliding, paragliding, or
parasailing in a manner that is in willful or wanton disregard f or the safety of persons or
property, or without first obtaining the express written permission from the City, is guilty
of a misdemeanor.
Section 6. Section 12.16.170 (Commercial Services and Industrial Activities
Prohibited in the City Parks, Preserve, and Recreational Areas) 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:
12.16.170 – Commercial Services and Industrial Activities Prohibited in
Parks, Preserve, and Recreational Areas.
A. No commercial service or industrial activity is permitted within any City-
owned park, Preserve, or recreational areas 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.
B. 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,
or recreational facilities.
C. 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.
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Section 7. 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 constitute a “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 f rom
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, because the Ordinance
merely regulates parking on City streets.
Section 8. 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 9. 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 10. This Ordinance shall take effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this __th day of __________, 2021.
______________________________
Eric Alegria, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
B-16
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. _____ passed first reading on _________, 2021, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
_______________, 2021, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
B-17
RESOLUTION NO. 2021-__
A RESOLUTION OF THE CITY COUNCIL OF CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING
THE CITY’S BAIL SCHEDULE TO REFLECT CHANGES TO
THE MUNICIPAL CODE AND TO UPDATE FINE AMOUNTS
FOR SPECIFIC VIOLATIONS
WHEREAS, the City of Rancho Palos Verdes (“City”) is a general law City
located in the County of Los Angeles, State of California; and
WHEREAS, pursuant to the Rancho Palos Verdes Municipal Code, f ines are
levied as an incident of a voluntary act of an individual or business and not the result
of property ownership; and
WHEREAS, the City of Rancho Palos Verdes is responsible for enforcement
of its Municipal Code in its entirety; and
WHEREAS, Since the City’s Bail Schedule was last amended, the City Council
has taken actions that have either created land use regulations, licensing regulations,
and certain prohibitions on activities within the City, and violations of these adopted
regulations are a public nuisance and may be prosecu ted using administrative means
by Code Enforcement or Law Enforcement. Inclusion of fines in the City Bail Schedule
related to potential nuisance activities will allow Code Enforcement and/or Law
Enforcement to abate violations through the use of Administrative Fines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: That the foregoing recitals are true and correct, and are
incorporated herein by reference.
Section 2: The administrative penalty amounts set forth and attached hereto
as “Exhibit A” are hereby established for violations of the Rancho Palos Verdes
Municipal Code.
Section 3: Any penalty amount imposed pursuant to Chapters 1.08 and 1.16
of the Rancho Palos Verdes Municipal Code and this Resolution shall be deemed
delinquent if it is not paid in accordance with the terms and provisions of Chapters
1.08 and 1.16. Any person who fails to pay the City the amount of any penalty
imposed pursuant to the provisions of Sections 1.08.010 and 1.16.110 of the Rancho
Palos Verdes Municipal Code and this resolution on or before the date that the fine
amount is due shall be liable for the payment of an addition delinquency penalty.
The delinquency penalty is equal to ten p ercent (10%) of the amount of the
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penalty remaining unpaid to the City if a portion of the penalty amount was timely
paid. Interest shall accrue on all delinquent penalty amounts, exclusive of the
delinquency penalties, at the rate of one half of one percent (0.5%) per month, pro
rata, of the total delinquent penalty amount, from the date the penalty becomes
delinquent until the date that all delinquent penalty amounts are paid to the City.
Section 4: In addition to any administrative penalties specified for violations
of the Rancho Palos Verdes Municipal Code, there shall be a separate penalty
collected in connection with the permit application to legalize any construction, use,
or activity that has occurred without required City permits or approvals. Such penalty
shall be equal to triple the amount of the applicable permit fee specified in the City's
Master Fee Schedule.
Section 5: That the adoption of this resolution does not constitute a “project”
within the meaning of Section 15378 of the California Environmental Quality Act
(CEQA) Guidelines, as the parking restrictions do not have the potential for resulting
in either a direct physical change to the environment, or a reasonable foreseeable
indirect physical change in the environment. Therefore, this resolution is not subject
to CEQA.
PASSED, APPROVED and ADOPTED on this day of __, __________ 2021.
_____________________
Eric Alegria, Mayor
Attest:
___________________________
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2021-__ was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on __________,
2021.
___________________________
Teresa Takaoka, City Clerk
B-19
RESOLUTION NO. 2021-X
ATTACHMENT “A”
CITY OF RANCHO PALOS VERDES AMENDMENT TO
GENERAL BAIL SCHEDULE TO ADD PENALTIES FOR
VIOLATIONS OF CHAPTERS 9.08, 9.16, 10.20 10.44,
12.16, AND 12.20 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE
The Rancho Palos Verdes Municipal Code Section 1.08 provides that any violation of the
Rancho Palos Verdes Municipal Code ("Code") may be prosecuted as a misdemeanor,
as an infraction or as a civil administrative action. Pursuant to California Government
Code Section 36900(b), every violation of the Code determined to be a misdemeanor is
punishable by a fine of not more than One Thousand ($1,000.00) Dollars, or by
imprisonment for a period of not more than si x (6) months, or by both such fine and
imprisonment. Further, every violation of the Code determined to be an infraction is
punishable by: (1) a fine not exceeding One Hundred Dollars ($100) for a first violation;
(2) a fine not exceeding Two Hundred Dollars ($200) for a second violation of the same
Code provision within one year; (3) a fine not exceeding Five Hundred Dollars ($500) for
each additional violation of the same Code provision within one year. The City officer who
issues the citation shall indicate the Code section or provision that was violated. For
repeated offenses of the same Code section or provision within one calendar year, the
officer will indicate the repeated offense by adding the number of repeated offenses in
parentheses after the Code Section number.
Note: Unless otherwise provided by City Council, bail for any violation of the Code for
which no provision is made in this schedule shall be in the amount of One Hundred
($100.00) Dollars for a first violation; Two Hundred ($200.00) for a second violation of the
same code provision within a twelve -month period; and Five Hundred ($500.00) Dollars
for each additional violation of the same code provision within a twelve -month period.
MISDEMEANORS
Code Section Description of Code Section Violations
12.20.040 Special event permit required.
9.08.010 Discharge prohibited.
9.16.020 Photography and Film – Permit Required
INFRACTIONS
Code
Section
Description of Code
Section Violations
Bail –
First
Offense
Bail –
Second
Offense
Bail –
Third
Offense
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I I I I I
12.16.160 Possession and
consumption of alcohol
prohibited.
$50.00 $100.00 $200.00
12.16.170 Commercial Services and
industrial Activities
Prohibited in Parks,
Preserve, and
Recreational Areas.
$50.00 $100.00 $200.00
PARKING VIOLATIONS
Code Section Description of Code Section
Violations
Fine
10.20.070 Description of permits—Display. $110
10.20.090
Destruction of residential parking
permit due to transfer of vehicle or
change of address.
$110
10.44.010 Limited Parking on Certain
Streets. $110
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