CC SR 20221115 01 - Abalone Cove Permit Parking CDP
PUBLIC HEARING
Date: November 15, 2022
Subject:
Consideration and possible action to approve an after-the-fact Coastal Permit establishing a
Neighborhood Permit Parking Program in the Community of Abalone Cove (Case No. PLCP2022-
0001).
Recommendation:
(1) Adopt RESOLUTION NO. 2022-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN AFTER-THE FACT COASTAL PERMIT TO ESTABLISH A
NEIGHBORHOOD PERMIT PARKING PROGRAM IN THE COMMUNITY OF ABALONE COVE AND
DECLARING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER SECTION 15301 OF THE CEQA GUIDELINES (CASE NO. PLCP2022-0001).
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Bradley
3. Request for Staff Report: Mayor Bradley
4. Staff Report & Recommendation: Jaehee Yoon, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of spea kers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Bradley
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
RANCHO PALOS VERDES
CITY COUNCIL MEETING DATE: 11/15/2022
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to approve an after-the-fact Coastal Permit
establishing a Neighborhood Permit Parking Program in the Community of Abalone Cove1
(Case No. PLCP2022-0001).
RECOMMENDED COUNCIL ACTION:
(1) Adopt RESOLUTION NO. 2022-__ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING AN AFTER-THE FACT
COASTAL PERMIT TO ESTABLISH A NEIGHBORHOOD PERMIT PARKING
PROGRAM IN THE COMMUNITY OF ABALONE COVE AND DECLARING THE
PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) UNDER SECTION 15301 OF THE CEQA GUIDELINES (CASE NO.
PLCP2022-0001).
FISCAL IMPACT: The costs associated with establishing the permit program is
approximately $3,240 which funds the production and installation of the permit parking
signs and procures the parking decals and placards for program participants. Funding for
these costs is available in the adopted FY 2022-23 budget as below.
Amount Budgeted: $6,500
Additional Appropriation: None
Account Number(s): 101-400-3120-5103
(Traffic Management – Printing/Binding)
ORIGINATED BY: Jaehee Yoon, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2022-__ (page A-1)
B. Resolution No. 77-92 (page B-1)
C. California Coastal Commission letter, dated February 18, 2022 (page C-1)
D. Public Comments (page D-1)
1 Previously known as the West Portuguese Bend Community
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RANCHO PALOS VERDES
BACKGROUND:
On October 26, 2021, the City approved a Coastal Permit for the installation of six sets of
automated license plate reader (Flock) camera systems for two neighborhoods (i.e.,
Lunada Pointe and the Community of Abalone Cove) in the City’s coastal zone. Following
the City’s approval, a Final Notice of Decision was provided to the California Coastal
Commission (CCC) per Rancho Palos Verdes Municipal Code (RPVMC) Section
17.72.070(E).
On November 30, 2021, the City received notification from the CCC of their appeal of the
Coastal Permit during their 10-day appeal period of the project. Specifically, the CCC
found substantial issue with the City’s approval of the automated license plate reader
Flock camera systems due to, among other things, the potential negative impacts it may
have on deterring public access to the coast. The CCC’s review of the proposed
automated license plate reader camera systems in the Community of Abalone Cove also
shed light on an existing permit parking program in the area, which the CCC found to be
unpermitted as no Coastal Permit records were on file with the CCC. The only record on
file with the City pertaining to the creation of this parking program is the City Council-
adopted Resolution No. 77-92 (Attachment B), which prohibited parking along Seacove
Drive, Packet Road, Barkentine Road, Clipper Road, and Palos Verdes Drive South from
10:00 a.m. - 3:00 p.m. between May 1 to October 31. Since then, the parking program in
this area has been expanded to 24 hours a day, all year round, with no record of when it
was revised from Resolution No. 77-92.
On February 18, 2022, the City was notified by the CCC of their concerns related to the
existing parking program, which included the program’s potential to violate components
of the State’s Coastal Act (Attachment C). Specifically, the CCC noted that the parking
program prevents the public from using public streets to access the coast in an area with
already limited coastal access parking, which contradicts the Coastal Act’s goal of
maximizing public access to the coast. Further, the letter requested the elimination of the
parking program and the removal of associated signage in order to improve public coastal
access. The CCC also noted that if a Coastal Permit is applied for to maintain the parking
program, it would likely not be supported by the CCC in its current form as it precludes
the public’s access to recreational opportunities within the City’s coastal zone.
Up until August 2022, the City has had numerous virtual meetings (i.e., December 14,
2021, January 24, February 18, March 28, June 8, and August 23, 2022) with CCC staff
to address their concerns regarding the permit parking program and the automated
license plate reader. In fact, CCC staff originally intended to conduct the substantial issue
and de novo hearing before the Coastal Commission in December 2021 with a
recommendation of denial. However, City Staff was able to convince CCC staff to
separate the two matters to allow the two agencies more time to address the issues and
concerns raised by the CCC.
On October 24, 2022, Staff sought a recommendation from the Traffic Safety Committee
(TSC) to maintain the parking program with two different provisions depending on the
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location of the street in an Appealable or Non-Appealable Area of the City’s coastal zone,
as shown in Figure 1 below.
[Figure 1. Appealable and Non-Appealable Areas in the Community of Abalone Cove]
Specifically, the parking program will be comprised of the following:
1. Appealable Area: Permit parking from 10:00 a.m. - 3:00 p.m. between May 1 to
October 31, and from sunset to sunrise, all year round.
2. Non-Appealable Area: Permit parking 24 hours per day, all year round.
Upon review, the TSC recommended that the City Council consider approving the
requested parking program on certain streets within the Community of Abalone Cove. A
copy of the TSC staff report can be reviewed here.
DISCUSSION:
The following sections outline the required procedures and findings for the proposed
parking program.
Neighborhood Permit Parking Program
In accordance with RPVMC Chapter 10.20, a neighborhood may apply for permit parking
to restrict or prohibit parking in an area by submitting a petition demonstrating support for
3
-Appealable Area
Non-Appealable Area
the proposal, which is signed by at least 60% of the owners of the properties on the
street(s) where the restrictions will be imposed. This requirement has been met with
petitions signed by at least 60% of the affected residents in the Community of Abalone
Cove (Attached to the October 24, 2022 TSC Staff Report).
Coastal Permit
The Coastal Permit provides the procedure for review of uses and developments within
the coastal zone to determine conformity with the City’s Coastal Specific Plan (CSP) and
State regulations. According to the CCC, a Coastal Permit is required because the
existing parking program, which CCC believes “changes the public’s access to the coast
by preventing the public from using these public streets to access the coast ,” should
therefore be considered a “development” under California Coastal Act Section 30106,
and as such must obtain a Coastal Permit. It should be noted that the City’s CSP, which
regulates development in the City’s coastal zone, was adopted by the City Council in
December 1978 and went through multiple reviews before the Planning Commission as
early as March 1977, and was certified by the CCC in April 1983. The oldest record with
the City pertaining to permit parking in the Community of Abalone Cove is the City
Council-adopted Resolution No. 77-92 in November 1977. Based on these dates, the
parking program was implemented prior to the ado ption of the CSP and certification, in
which there was no avenue or requirement for Coastal Permits in the RPVMC at the time.
Nonetheless, as the parking program continues today, an after-the-fact Coastal Permit is
being processed in response to the CCC. In granting a Coastal Permit for the proposed
parking program, the following findings must be made, with relevant findings in bold
followed by Staff’s analysis in regular font:
A. That the proposed development is consistent with the Coastal Specific Plan;
and
The proposed parking program will be located in Subregion 4 in the CSP, which is
bounded by an existing multi-family residential complex to the west and undeveloped
portions of the Abalone Cove Park to the east. The CSP acknowledges that in this
Subregion there is an existence of traffic and parking problems in the Community of
Abalone Cove (CSP pg. S4-5). Specifically, the CSP notes that parking has become a
problem since the opening of Abalone Cove Park, as some patrons have been parking
along the adjacent residential streets, and that the City is considering alternatives to
partially barricading Seacove Drive by either privatizing the street or regulating parking
(CSP pg. S4-13). The CSP further articulates that it is the policy of the City to continue
working with the residents and County to solve the parking problems caused by Abalone
Cove Park (CSP pg. S4-14). Given this information, it appears the existing parking
program in the area was established as a solution selected at the time to address the
traffic concerns between the Abalone Cove Park and adjacent residential streets. The
proposed parking program will continue to address overflow parking problems
surrounding Abalone Cove Park and alleviate not only parking problems but also
associated issues such as litter, loitering, and trespassing. As the intent and proposed
method of parking restrictions are consistent with the analysis and policy contained in the
CSP, this finding can be made.
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B. That the proposed development, when located between the sea and the first
public road, is consistent with applicable public access and recreation policies
of the Coastal Act.
There are no public beach, trail access, or other recreational opportunities from the
subject streets (i.e., Seacove Drive, Packet Road, Barkentine Road, and Clipper Road)
within the Community of Abalone Cove (CSP pg. S4 -13). Accordingly, public access to
enjoy recreational uses in the area is most often gained through the Abalone Cove Park
itself (CSP pg. S4-8), where the existing on-site parking lot can accommodate the number
of visitors on most days. Continuing to implement the permit parking program, which has
been in effect since 1977, will not change the public’s access to the coast, including
Abalone Cove Park, as there is no direct access from the Community of Abalone Cove to
local recreational trails leading to the coast.
The City has taken measures consistent with the CSP to provide free public parking in
various ways and areas (i.e., Terranea, Trump National, Lower Point Vicente, Pelican
Cove, etc.) throughout the coastal zone, which serves the plethora of coastal paths and
trail networks including the City’s segment of the California Coastal Trail (CSP pg. U-62).
Most recently, a pilot shuttle program was operated to create and implement holistic
parking and access solutions for various preserves in the City, including Abalone Cove
Park. The shuttle service was free of charge to the public and operated every 30 minutes
from 8:00 a.m. - 5:30 p.m. from Fridays through Sundays, with a total attendance of
roughly 620 patrons from April 2021 to July 2021. While the City discontinued the program
due to operational costs and low attendance, as well as less demand for parking, this
recent effort demonstrates the City’s initiatives in enhancing public access to trails and
coastal resources. Therefore, this finding can be made.
ADDITIONAL INFORMATION:
Next Steps
Once a decision is made on the after-the-fact Coastal Permit, a Notice of Decision will be
sent out to the Community of Abalone Cove representatives, interested parties, and the
CCC. Any aggrieved person or two members of the CCC may appeal any Coastal Permit
issued in the Appealable Area of the City (excluding the Non-Appealable Area where the
City’s decision is final), including those approved by the City, within 10 working days after
the Notice of Decision is received and accepted as complete by the C CC. The CCC will
also issue a Notification of Appeal Period at that time, acknowledging receipt of the City’s
Notice of Decision and providing the appeal period end date . Staff will inform interested
parties as more information from the CCC becomes available in the future related to the
proposed parking program.
Environmental Assessment
In accordance with the provisions of the California Environmental Quality Act (CEQA),
Staff has determined this project to be categorically exempt under Class 1, Section 15301
(Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
5
mechanical equipment, or topographical features, involving negligible or no expansion of
use beyond that existing at the time of the lead agency’s dete rmination. Specifically, the
Neighborhood Permit Parking Program involves negligible or no expansions to the
existing use of the street. Therefore, no further environmental review is required, and the
proposed request is exempt from the provisions of CEQA.
Public Notice
On October 27, 2022, a public notice was published in the Palos Verdes Peninsula News,
and mailed to all property owners within a 500 -foot radius of the project site and the
California Coastal Commission, in accordance with RPVMC §17.80.090 and §17.72.070,
announcing that the City Council will consider the parking program at its
November 15, 2022 meeting. As of the date that this report was completed, Staff has
received two correspondence in response to the public notice (Attachment D). The first
commenting party requested additional information on the proposed parking program, to
which Staff provided a link to the October 24, 2022 TSC Staff Report. The other
commenting party raised concerns that may potentially arise in the event the permit
parking program is eliminated, which include reduced parking revenue at Abalone Cove
Park, increased traffic collisions, and increased crimes in the neighborhood.
CONCLUSION:
Based on the discussion above, Staff recommends that the City Council approve the
requested after-the-fact Coastal Permit to establish a Neighborhood Permit Parking
Program in the Community of Abalone Cove (Case No. PLCP2022-0001). The program
would be administered by Staff, including the issuance of the residential parking permit
decals, placards, and new signage.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Deny the requested after-the-fact Coastal Permit to establish a Neighborhood
Permit Parking Program in the Community of Abalone Cove , and direct Staff to
bring back a resolution memorializing this decision on December 6, 2022. Such
action will eventually result in the suspension of the existing permit parking
program which the CCC has found to be unpermitted.
2. Identify issues with the proposed Coastal Permit and direct Staff to come back at
a future meeting with additional information and/or revised conditions.
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RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING AN AFTER-
THE-FACT COASTAL PERMIT TO ESTABLISH A
NEIGHBORHOOD PERMIT PARKING PROGRAM IN THE
COMMUNITY OF ABALONE COVE AND DECLARING
THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15301 OF THE CEQA GUIDELINES (CASE NO.
PLCP2022-0001)
WHEREAS, parking problems in the Community of Abalone Cove have existed
since the opening of Abalone Cove Park where some patrons parked along the adjacent
residential streets. The parking problem was eventually resolved through the City
Council-adopted Resolution No. 77-92 that prohibited parking in the area and
subsequently allowed a permit parking program to be implemented for the residents in
the area prior to adoption of the City’s Coastal Specific Plan in 1978; and
WHEREAS, the City was recently notified by the California Coastal Commission
(CCC) that the parking program within the Community of Abalone Cove does not have a
Coastal Permit and is therefore unpermitted and potentially violates the Coastal Act,
citing that the permit parking program prevents the public from using public streets to
access the coast in an area with already limited coastal access parking; and
WHEREAS, Chapter 10.20 of the Rancho Palos Verdes Municipal Code
(RPVMC) authorizes the City Council to establish permit parking in areas in the City by
resolution pursuant to the authority provided by California Vehicle Code Section 22507;
and
WHEREAS, the residents within the Community of Abalone Cove have
requested the City process a Neighborhood Permit Parking Program and after-the-fact
Coastal Permit to continue regulating parking in the neighborhood; and
WHEREAS, on October 24, 2022, the Traffic Safety Committee (TSC) reviewed
the proposed parking program and recommended that the City Council approve the
parking program as requested by the Community of Abalone Cove; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA
Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
A-1
and Substances Statement), the proposed project has been found to be categorically
exempt under Class 1 Section 15301 (Existing Facilities); and
WHEREAS, the City Council held a duly noticed p ublic hearing on November 15,
2022, at which time all interested parties were given an opportunity to be heard and
present evidence;
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
Section 1: Required Findings. The City Council finds that the establishment of
a Neighborhood Permit Parking Program within the Community of Abalone Cove is
necessary for the residents to continue parking along the streets where they live and
prevent adverse impacts that may deteriorate the residential quality and character of the
neighborhood such as litter, loitering, and trespassing. For these reasons, the City
Council finds that the establishment of a Neighborhood Permit Parking Program for the
areas and timeframes contained in Section 2 of this Resolution is warranted within the
Community of Abalone Cove.
Section 2: Designation of Permit Parking Area. Based upon the findings in
Section 1, the following areas, as identified in the City’s coastal zone and Figure 1, are
designated for permit parking:
A-2
Non-Appealable Area
[Figure 1. Appealable and Non-Appealable Areas in the Community of Abalone Cove]
A. Appealable Area: Permit parking from 10:00 a.m. - 3:00 p.m. between May 1 to
October 31, and from sunset to sunrise, all year round.
B. Non-Appealable Area: Permit parking 24 hours per day, all year round.
Section 3: Coastal Permit Findings. A Coastal Permit for the Neighborhood
Permit Parking Program within the Community of Abalone Cove is warranted as based
on the following findings:
A. The proposed development is consistent with the coastal specific plan. The
Community of Abalone Cove is part of Subregion 4 in the Coastal Specific Plan
(CSP) which acknowledges the existence of traffic and parking problems that
stemmed from the opening of Abalone Cove Park. Specifically, the CSP notes
that the City was considering alternatives to partially barricading Seacove Drive
by either privatizing the street or regulating parking, and includes a policy to
continue working with the residents and County to solve the parking problems
caused by Abalone Cove Park. The existing parking program was the alternative
solution selected at the time to address the conflict between the Abalone Cove
Park and adjacent residential streets. The proposed Neighborhood Permit
Parking Program will continue to address overflow parking problems surrounding
Abalone Cove Park to alleviate not only parking problems but also associated
issues such as litter, loitering, and trespassing. Thus, the intent and proposed
method of parking restrictions are consistent with the analysis and policy
contained in the CSP.
B. The proposed development, when located between the sea and the first public
road, is consistent with applicable public access and recreation policies of the
Coastal Act. Specifically, there are no public beach, trail access, or any other
recreational opportunities from the subject streets (i.e.., Seacove Drive, Packet
Road, Barkentine Road, and Clipper Road) within the Community of Abalone
Cove. Accordingly, public access to enjoy recreational uses is most often gained
through the Abalone Cove Park itself, where the existing parking lot is able to
accommodate the number of visitors on most days. Continuing to implement the
permit parking program, which has been in effect since 1977, will not change the
public’s access to the coast including Abalone Cove Park, as there is no direct
access from the Community of Abalone Cove to local recreational trails leading
to the coast. However, the City has taken measures consistent with the CSP to
provide free public parking in various ways and areas (i.e. Terranea, Trump
National, Lower Point Vicente, Pelican Cove, etc.) throughout the coastal region,
which serves the plethora of coastal path and trail networks (including the City’s
segment of the California Coastal Trail) with the most recent example being the
A-3
pilot shuttle program. The program was operated to create and implement holistic
parking and access solutions for various preserves in the City, including the
Abalone Cove Park. The shuttle service was free of charge to the public and
operated every 30 minutes from 8:00 a.m. - 5:30 p.m. from Fridays through
Sundays, with a total attendance of roughly 620 patrons during April 2021 to July
2021. While the City discontinued the program due to operational costs and low
attendance, as well as less demand for parking, this recent effort demonstrates
the City’s initiatives in enhancing public access to trails and coastal resources.
Section 4: The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED THE 15th day of November.
David L. Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, the City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2022-__ was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on November 15, 2022.
______________________
Teresa Takaoka, City Clerk
A-4
B-1
I
RESOLUTION NO. 77-92
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES PROVIDING
FOR PROHIBITED PARKING ZONES FROM 10:00 A.M.
TO 3:00 P.M. EVERY DAY BETWEEN MAY 1ST
AND OCTOBER 31ST ON VARIOUS LOCAL STREETS
WHEREAS, traffic studies have determined that prohibited parking
restrictions are warranted in accordance with Section 3109 of the Rancho
Palos Verdes Traffic Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES RESOLVE AND ORDER AS FOLLOWS:
Section 1: Approves and establishes prohibited parking regulations
from 10:0 0 A.M. to 3:00 P.M. every day between May 1 and October 31 on the
following streets:
Barkentine Road -from Palos Verdes Drive South to Sea Cove Drive
Clipper Road -from Palos Verdes Drive South to Sea Cove Drive
Packet Road -from Palos Verdes Drive South to Sea Cove Drive
Palos Verdes Drive South -On the service road from 150 feet west of
Packet Road to 200 feet east of Barkentine Road
Sea Cove Drive -from Palos Verdes Drive South to 200 feet west of
Packet Road.
Section 2: Authorizes and directs the City Manager to cause signs and/or
markings t o be placed indicating these "No Parking" zones.
PASSED, APPROVED AND ADOPTED this 15th day of November.
ATTEST:
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
I I
I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
approved and adopted by the City Council of the City of Rancho Palos Verdes at a
meeting thereof held on the 1 5.tll day of November, 1977.
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 EAST OCEAN BOULEVARD, SUITE 300
LONG BEACH, CA 90802
VOICE: 562 590-5071
FAX 562 590-5084
WWW.COASTAL.CA.GOV
February 18, 2022
SENT VIA ELECTRONIC MAIL
Ara Mihranian
City Manager, City of Rancho Palos Verdes
Re: Installation of License Plate Reader Cameras & History of Unpermitted Preferential
Parking Program
Dear Mr. Mihranian:
Thank you for meeting with Commission Staff on January 24, 2022, to discuss the application
for the installation of Flock security cameras in public areas in the Portuguese Bend and Lunada
Pointe neighborhoods, as well as the unpermitted preferential parking program in the
Portuguese Bend neighborhood. As we expressed to you during the meeting, Commission staff
are concerned that the unpermitted preferential parking program in the Portuguese Bend
neighborhood and the installation of the security cameras will interfere with the public’s right
to coastal access in the area.
During our meeting, Commission staff asked the City of Rancho Palos Verdes to address the
unpermitted parking program by removing the signage that states the requirement for parking
permits and by eliminating the program entirely. In addition, Commission staff also asked the
City to consider possible measures to eliminate the detrimental effect on public access that the
security cameras would have as proposed, which was the determination of the Commission at
the “substantial issue” hearing on the local approval of the cameras. However, the purpose of
this letter is to address the unpermitted preferential parking program, and staff will address the
security camera issue separately.
Background
On October 26, 2021, the City of Rancho Palos Verdes Zoning Department approved a local CDP
for the installation of six sets of automated license plate reader camera systems, to be operated
by Flock Safety Automated License Plate Reader Camera Systems. Two sets are proposed in the
Lunada Pointe neighborhood and four sets in the Portuguese Bend neighborhood. These
camera systems are proposed to be placed within the public right of way with signage denoting
that the vehicles in the area are being filmed for security purposes.
C-1
A-5-RPV-21-0076 & A-5-RPV-21-0077
City of Rancho Palos Verdes
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Following Coastal Act procedures, two Commissioners appealed the City’s approval of the local
CDP for installation of the cameras and the issue was heard at the Commission meeting on
Wednesday, December 15, 2021.1 The Commission found that a substantial issue existed with
the City’s approval of the installation of the security cameras.
After the December hearing, Commission and City staff met to discuss the next steps in
resolving the substantial issues with the local CDP. The main purpose of the meeting was to
discuss Commission staff’s concerns with the security cameras, including, but not necessarily
limited to, the effect of the presence of the cameras on public access, who has access to the
information, data storage, and other important concerns. Further, Commission staff identified
the preferential parking program in the Portuguese Bend neighborhood as unpermitted.
Potential Violations of the Coastal Act
Commission staff has determined that the preferential parking program for the Portuguese
Bend neighborhood violates the Coastal Act and City of Rancho Palos Verdes Local Coastal
Program (LCP), as described below. It appears this program was instituted by City resolution in
the late 1970s, and based on the City LCP, the program was created to prevent people visiting
Abalone Cove from parking in the neighborhood.2 Signs have been installed at Sea Cove Dr.,
Clipper Rd., Barkentine Rd., and Packet Rd., to implement this program.
The preferential residential permit parking program changes the public’s access to the coast by
preventing the public from using these public streets to access the coast, including a coastal
park that is immediately accessible by trail from Sea Cove Drive; therefore it is considered
“development” under the Coastal Act and the City LCP.3 Under the Coastal Act, a CDP must be
obtained for development prior to undertaking the activity, except in limited circumstances
that are not applicable in this situation.4 As of the date of this letter, a CDP has not been
applied for nor issued to authorize the program. Thus, the program is unpermitted. In addition,
the program is inconsistent with several Coastal Act and LCP policies. This section is not meant
to be exhaustive, rather it is a list of major issues with the program, as it currently stands.
A. Section 30210
“In carrying out the requirement of Section 4 of Article X of the California
Constitution, maximum access, which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people consistent with public safety needs
1 Agenda Item 14d and 14e; Available at: https://www.coastal.ca.gov/meetings/agenda/#/2021/12
2 See LCP Subregion 4 at S4-13.
3 See California Coastal Act, § 30106.
4 See California Coastal Act, § 30600(a).
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A-5-RPV-21-0076 & A-5-RPV-21-0077
City of Rancho Palos Verdes
3 of 5
and the need to protect public rights, rights of private property owners, and natural
resources areas from overuse.”5
The preferential parking program violates Section 30210 of the Coastal Act because it prevents
the public from parking in an area with already limited coastal access parking. Large parts of the
LA population do not live near the coast, particularly low income and communities of color,6
and many have limited opportunities and exposure to the region as a whole. The Coastal Act
protects the public’s right to access these areas, regardless of place of domicile. Simply living by
the coast does not designate a special status for residents that precludes others from the same
benefit of accessing the coast. Here, the parking program in the Portuguese Bend neighborhood
precludes the public from parking in an area that would allow them access to local recreational
trails leading to the coast and parks. This outcome directly contradicts the Coastal Act’s goal of
maximizing public access to the coast, therefore it is in violation of Section 30210 of the Coastal
Act.
B. Section 30211
“Development shall not interfere with the public’s right of access to the sea where
acquired through use or legislative authorization, including, but not limited to, the use
of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.”7
Similar to the section above, the parking program directly interferes with the public’s right of
access to the area. The lack of public parking makes it that much harder to reach the unique
recreational spots in that area. Further, the addition of conspicuous cameras with intimidating
signage and the forfeiture of privacy to a private organization could make members of the
public feel more unwelcome in the area, and therefore, frequent it less. Again, this is not the
outcome intended for the statute, and as such, the installation of the cameras and the
preferential parking program directly violate Section 30211 of the Coastal Act.
C. Section 30213
“Lower cost visitor and recreational facilities shall be protected, encouraged, and, where
feasible, provided. Developments providing public recreational opportunities are
preferred.
Public parking is already limited in the Los Angeles area, especially near recreational points.
People come from all over the globe to experience California’s coast, and their access should
remain protected and at low cost. Parks are considered lower cost visitor and recreational
facilities, therefore, removal of available parking for these facilities is inconsistent with Section
30213. By enacting a preferential parking program that only allows residents to park in an area
5 California Coastal Act, § 30210.
6 Reineman, et al., Coastal Access Equity and the Implementation of the California Coastal Act, Stanford
Environmental Law Review Journal, v. 36. Pages 96-98 (2016)
7 California Coastal Act, § 30211.
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City of Rancho Palos Verdes
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adjacent to public parks and trails in the state’s coastal zone, the City has violated Section
30213 of the Coastal Act.
Potential Violations of the City’s Local Coastal Program
The parking program also violates provisions of the City’s LCP for coastal access and public
parking.
The City’s LCP states the following:
“Whether road networks are held in public or private ownership is of critical concern in
the coastal region. The shoreline is a public resource which could be denied through the
gating or restricting of coastal roads. In order to ensure the public’s right to access via
roads, existing and proposed roads should be public unless it is demonstrated to the
City’s satisfaction that a private road would not impede public access to the shoreline.”
By enacting the preferential parking program, the City has effectively created the illusion of
private roads through this neighborhood.
Moreover, the City’s LCP maintains that “parking will be provided in various ways through the
coastal region, which will serve the path and trail networks.”8 It is apparent that there is limited
parking in this region, and by further limiting a large portion of the available parking on public
street to private residents only, this policy is not being met by the City.
Next Steps
Commission staff have been able to locate a City document discussing the resolution that
enacted the preferential parking program, but have not found the resolution itself.9 It appears
that the resolution was approved subsequent to the passage of the California Coastal Act in
1972. For those reasons, the preferential parking program requires a CDP, however a CDP
authorizing the program has not been issued. Based on the Commission’s role in protecting
public access to recreational spaces within the coastal zone and the lack of available public
parking in the area, it is unlikely that the Commission would support a CDP for this program in
its current form.
An Amicable Resolution is Preferred
Thank you in advance for your prompt attention to this matter, and we appreciate your
understanding of the issues here. As we said in our telephone meeting, we are requesting
elimination of the preferential parking program and removal of all signs that reference the
parking permit requirement. Since this program has been in place for many years without the
required CDP in violation of the Coastal Act, and public access has suffered as a result, we
8 City of Rancho Palos Verdes LCP at U-62
9 See attached document
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would like to discuss measures to improve public coastal access in the area in order to resolve
this longstanding violation. We are happy to meet to discuss options for public access
improvements.
If you have any questions regarding this letter or the underlying issues flagged above, please
feel free to leave me, or my supervisor, Andrew Willis, a message at (562)-590-5071. However,
at this time, given that the public counter hours for all Commission offices are currently
suspended in light of the Coronavirus, we request that should you need to respond, you
respond to this letter by email to nicholas.tealer@coastal.ca.gov.
Sincerely,
Nicholas Tealer
Enforcement Officer
cc:
McKenzie Bright, Administrative Analyst, City of Rancho Palos Verdes
Octavio Silva, Deputy Director of Community Development, City of Rancho Palos Verdes
Jahee Yoon, Senior Planner, City of Rancho Palos Verdes Planning & Zoning Dept.
Steve Hudson, South & South Central Coast District Director, CCC
Lisa Haage, Chief of Enforcement, CCC
Andrew Willis, South Coast Enforcement Supervisor, CCC
Shannon Vaughn, South Coast Coastal Program Manager, CCC
Javier Padilla Reyes, Environmental Justice Analyst, CCC
Zach Rehm, South Coast District Supervisor, CCCC
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Jaehee Yoon
From:Michael Cristillo <michaelcristillo@gmail.com>
Sent:Monday, October 31, 2022 3:35 PM
To:Jaehee Yoon
Subject:permit parking Abalone Cove (case #PLCP2022-0001)
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Good afternoon Jaehee ‐ just a few quick notes regarding the proposal to allow an after the fact permit parking program.
1. Monetary ‐ allowing the general public to park in the Abalone Cove neighborhood would be counter to
building up the revenue that Shorewood Park strives to achieve. why park there when you have free parking in a
neighborhood adjacent to the park.
2. Traffic ‐ this is a neighborhood with stop signs at the entrances only, not in intersections within the
neighborhood (apparently, there was a request to create speed bumps to slow drivers down, but that was
rejected). This could escalate traffic accidents within our neighborhood boundaries, many of which are utilized
by children on bikes or simply walking.
3. Crime ‐ as much as we would like to think that all parking would be used fo enter the park/beach area, there
could be an increase in the criminal element who wish to "case" out our homes without fear of being spotted or
singled out.
Thank you for allowing me to offer up these concerns.
Michael Cristillo
22 Packet Rd RPV 90275
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1
Jaehee Yoon
From:John Beckman <rpvbeckman@gmail.com>
Sent:Sunday, October 30, 2022 2:24 PM
To:Jaehee Yoon
Subject:Hearing on case plc2022-0001
Follow Up Flag:Flag for follow up
Flag Status:Flagged
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
I received notice of hearing on permit parking program for community of Abalone Cove. Where can I get/find
information on the proposal to be discussed?
Thanks,
John Beckman
1 Packet Road, RPV
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