ORD 650 ORDINANCE NO. 650
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES RENAMING THE TITLE OF CHAPTER 12.16 TO
READ, "STREETS, PARKS, PRESERVE, AND
RECREATIONAL FACILITIES"; REPEALING AND
REPLACING SECTIONS 12.16.010 (PROTECTION OF
FLORA, FAUNA AND PUBLIC BUILDINGS AND
STRUCTURES) AND 12.16.045 (AIRCRAFT); AND
ADDING 12.16.170 (VENDING, COMMERCIAL SERVICES,
AND INDUSTRIAL ACTIVITIES IN PARKS, PRESERVE,
BEACHES, AND RECREATIONAL FACILITIES) OF
CHAPTER 12.16 (STREETS, PARKS AND
RECREATIONAL FACILITIES) OF TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE, TO REGULATE USE
OF CERTAIN AIRCRAFTS, VENDING, COMMERCIAL
SERVICES, AND INDUSTRIAL ACTIVITY IN PARKS, THE
PRESERVE, BEACHES, AND RECREATIONAL
FACILITIES.
WHEREAS, the City of Rancho Palos Verdes has the authority to adopt regulations
to further the public health, safety, and welfare, pursuant to its authority under Art. XI,
Sec. 7 of the California Constitution; and
WHEREAS, the City has entered into a Natural Communities Conservation
Plan/Habitat Conservation Plan ("NCCP/HCP") for the purpose of providing
comprehensive management and conservation of multiple species, including but not
limited to species listed under the federal Endangered Species Act of 1973 within the
Palos Verdes Nature Preserve ("Preserve"); and
WHEREAS, the NCCP/HCP requires the City to account for and remediate any
substantial habitat damage within the Preserve; and
WHEREAS, the City Council of the City of Rancho Palos Verdes wishes,to clarify
such prohibitions and to provide clear enforcement guidance to City personnel, park
rangers, and law enforcement; and
WHEREAS, the City Council desires to adopt provisions of the Public Use Master
Plan ("PUMP") prohibiting damage to the Preserve into the Rancho Palos Verdes
Municipal Code to provide for mechanisms to enforce such prohibitions; and
WHEREAS, the City also wishes to enact provisions to better regulate, enforce,
and seek remedies to damaged facilities and habitat in City parks, the Preserve and
recreational facilities; and
01203.0001/746471.1
WHEREAS, the City has the authority to obtain reimbursement for damage done
to City property, pursuant to Public Utilities. Code § 10251, and to City trees, pursuant to
Civil Code § 3346; and 111
WHEREAS, as part of the NCCP/HCP the PUMP has been established to balance
public access to the Preserve with natural resource protection; and
WHEREAS, the PUMP prohibits any commercial or industrial uses within the
Preserve, or any activity that would damage the Preserve; and
WHEREAS, the City wishes to clarify such prohibitions and to provide clear
enforcement guidance to City code enforcement personnel and Park Rangers; and
WHEREAS, the City desires to adopt provisions of the PUMP prohibiting
commercial and industrial activities within the Preserve into the Rancho Palos Verdes
Municipal Code to provide for mechanisms to enforce such prohibitions; and
WHEREAS, the City also wishes to better regulate vending, commercial services,
industrial activity, and habitat damage in City parks and recreational facilities; and
WHEREAS, the City desires to establish vending regulations in the Preserve,
parks, beaches, and recreational facilities; and
WHEREAS, the City Council has determined that it is in the public interest and
welfare to adopt this Ordinance in order to provide for an enforcement mechanism that
achieves the goals of the PUMP, to preserve and protect endangered species, and to
allow for comprehensive management of the parks, Preserve and recreational facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Section 2. Chapter 12.16 "STREETS, PARKS AND RECREATIONAL
FACILITIES" is hereby renamed "STREETS, PARKS, PRESERVE, AND
RECREATIONAL FACILITIES."
Section 3. Section 12.16.010, (Protection of flora, fauna and public buildings and
structures) of Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12
(Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code is
hereby repealed and replaced with the following:
"12.16.010 — Protection of flora, fauna and public buildings and
structures.
I
01203.0001/746471.1
A. No person other than authorized park employees or city agents or other
III authorized persons in the performance of their duties shall cut, break, dig
up, remove, or in any manner injure or alter any plant, animal, public
building, structure or contents therein on any park or municipal property.
B. This prohibition may be enforced by any means permitted under this
Code or state law.
C. If any damage to any City-owned or managed plants, animals, public
buildings, structures or contents therein requires the City to incur costs or
expend either money or personnel time to correct such damage, the City
may seek to recover such costs or expenditures, including, reasonable
attorneys' fees, as permissible under this Code and state law."
Section 4. Section 12.16.045 (Aircraft) of Chapter 12.16 (Streets, Parks and
Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho
Palos Verdes Municipal Code is hereby repealed and replaced with the following:
"Section 12.16.045 (Aircraft)
A. To the maximum extent permitted by law, no person shall land,
release, take off in, or launch any ultralight vehicle or balloon, as defined by
14 CFR §§ 101.1 & 103.1, including ultralight vehicles commonly known
as hang glider, paragliding device, or parasail, from any City-owned land
without the express written permission from the City.
B. To the maximum extent permitted by law, no person shall fly any
ultralight vehicle or balloon, as defined by 14 CFR §§ 101.1 & 103.1
including ultralight vehicles commonly known as hang glider, paragliding
device, or parasail, above or over any property that is owned, controlled, or
managed by the City without the express written permission of the City.
C. To the maximumextent permitted by law, any person who on any'
City-owned park, beach, Preserve or other property owned or maintained
by the City conducts or participates in the operation of any ultralight vehicle
or balloon, as defined by 14 CFR §§ 101.1 & 103.1, including ultralight
vehicles commonly known as hang glider, paragliding device, or parasail, in
a manner that is in willful or wanton disregard for the safety of persons or
property, or without first obtaining the express written permission from the
City, is guilty of a misdemeanor."
Section 5. Section 12.16.170 (Vending, Commercial Services and Industrial
Activities Regulated in the City Parks, Preserve, and Recreational Facilities) of Chapter
12.16 (Streets, Parks and Recreational Facilities" of Title 12 (Streets, Sidewalks and
Public Places) of the Rancho Palos Verdes Municipal Code is hereby added as follows:
01203.0001/746471.1
"12.16.170 — Vending, Commercial Services, and Industrial Activities
Regulated in Parks, Preserve, Beaches, and Recreational Facilities.
A. Vending
1. No vending area shall be placed within 100 feet of an intersection or
Park or Preserve trail head.
2. No vendor shall sell within the Preserve, on any City beach, or within
open space areas and trails.
3. In addition to the operational standards in RPVMC Section 5.28.070,
the following shall also be prohibited for any sidewalk vendor operating in
any park:
a) Operate outside the hours of operation of the park.
b) Operate more than six (6) feet from the outer edge of any
walking or pathway in the park.
c) Operate within 50 feet of any other sidewalk vendor in the
park.
d) Operate on, or within 100 feet of the outer edge of, any sports
field or playground equipment area.
e) Utilize any bench, table, barbeque pit, covered gathering
area, or other publicly-owned structure or amenity in the park
in any way as part of the sidewalk vending operation.
f) Operate within 25 feet of the outer edge of any bench, table,
barbeque pit, covered gathering area, or other publicly-owned
structure or amenity in the park.
g) Vending in a public park during any scheduled event, whether
it is a City event or a private event for which a temporary use
permit has been obtained.
h) Vending is prohibited from operating in a park if the city has
entered into exclusive agreements for the sale of food or
merchandise by one (1) or more concessionaires for that park.
B. Commercial Services and Industrial Activities
1. No commercial service or industrial activity is permitted within any
City-owned park, Preserve, beach, or recreational facilities unless expressly
authorized in writing by the City Manager or the City Manager's designee.
For the purposes of this section, "industrial service" shall mean any use of
land, buildings or structures designed for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating,
altering, repairing, warehousing or storing or adapting for sale of any goods,
substance, article or thing, or any part thereof and the storage of building
and construction equipment and materials. Commercial service shall mean
any service sold for profit, including but not limited to camping, boot camps,
classes, instruction, guided hikes, commercial dog walking, or organized
picnics.
01203.0001/746471.1
2. In deciding whether to grant such authorization for use pursuant to
this section, the City Manager or his/her designee shall consider time of
day, relative crowding of the area requested, factors of public safety,
availability of areas approved for such activities, impact of such activities
upon sensitive habitat and adjacent neighborhoods, and any other factor
relevant to the welfare of those utilizing City-owned parks, Preserve,
beaches or recreational facilities.
3. A decision regarding authorization pursuant to Section A, above,
may be appealed in writing to the City Manager within ten calendar days of
the decision. The City Manager shall make a decision on the appeal within
ten calendar days of receipt of the appeal. The decision of the City Manager
shall be final, and is subject to judicial review pursuant to Section 1094.5
and 1094.6 of the Code of Civil Procedure."
Section 6. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitutea "project" under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
Section 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 8. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 9. This Ordinance shall take effect 30 days after its adoption.
01203.0001/746471.1
PASSED, APPROVED and ADOPTED this 2nd day of November, 2021.
sztlicsi
Eric Aleg ri, , Mayor
ATTEST:
dizadtet-
eresa 4 - aoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 650 passed first reading on October 19, 2021, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November 2, 2021, and that the same was passed and adopted by the following roll call
vote:
AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria
NOES: None
ABSENT: None
ABSTAIN: None
-Gzva-.
City Clerk
01203.0001/746471.1
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on November 3, 2021, she caused to be posted the following
document entitled: ORDINANCE NO. 650, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES RENAMING THE TITLE OF
CHAPTER 12.16 TO READ, "STREETS, PARKS, PRESERVE, AND
RECREATIONAL FACILITIES"; REPEALING AND REPLACING
SECTIONS 12.16.010 (PROTECTION OF FLORA, FAUNA AND
111 PUBLIC BUILDINGS AND STRUCTURES) AND 12.16.045
(AIRCRAFT); AND ADDING 12.16.170 (VENDING, COMMERCIAL
SERVICES,AND INDUSTRIAL ACTIVITIES IN PARKS, PRESERVE,
BEACHES,AND RECREATIONAL FACILITIES)OF CHAPTER 12.16
(STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE
12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE,TO REGULATE USE
OF CERTAIN AIRCRAFTS, VENDING, COMMERCIAL SERVICES,
AND INDUSTRIAL ACTIVITY IN PARKS, THE PRESERVE,
BEACHES, AND RECREATIONAL FACILITIES. , a copy of which is
attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
City Clerk