permit application instructions - eng.lacity.org access cdp... · parking capacity in section 9)....

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BOARD OF PUBLIC WORKS MEMBERS KEVIN JAMES PRESIDENT CITY OF LOS ANGELES CALIFORNIA DEPARTMENT OF PUBLIC WORKS BUREAU OF ENGINEERING MONICA RODRIGUEZ GARY LEE MOORE, P.E. VICE PRESIDENT CITY ENGINEER HEATHER MARIE REPENNING PRESIDENT PRO TEMPORE 1149 S. BROADWAY, SUITE 700 LOS ANGELES, CA 90015-2213 MICHAEL R. DAVIS COMMISSIONER JOEL F. JACINTO COMMISSIONER FERNANDO CAMPOS EXECUTIVE OFFICER ERIC GARCETTI MAYOR PERMIT APPLICATION INSTRUCTIONS http://eng.lacity.org A completed application includes the APPLICATION FOR COASTAL DEVELOPMENT PERMIT, the appendices to the application, and Required Attachments. Please answer all questions. If a question is not applicable to your project, indicate "N.A." Refer to pages 8 - 9 of the APPLICATION for a list of Required Attachments. Incomplete applications will not be accepted for filing. All exhibits must be legible. The following checklist is provided for the convenience of applicants in gathering necessary application materials; it is not a complete statement of filing requirements. Application Materials Necessary Proof of applicant's interest in the property Assessor's parcel map(s) showing the proposed development site and all adjacent properties within 100 feet of the property boundary. Stamped envelopes (no postage meter please) addressed to neighboring property owners and occupants and other interested parties and a list of the same. Vicinity Map Two sets of project plan(s), site plan(s), and applicable other plans .. (All plans. must be stamped and signed "Approved in Concept".) Copy of any environmental documents (DRAFT AND FINAL EIRs, EISs, NEGATIVE DECLARATION) if prepared for the project and any comments and responses. Verification of all other permits, permissions or approvals applied for or granted by public agencies. Copy of geology or soils report (if necessary). Local approval of the project. Has the Notice of Pending Permit been posted in a conspicuous place? Page Item 7 1 7 2 7,8 4,5 8 6 8 7,11 8 9 8 10 8 11 Appdx B Appdx D Have you and the agent (if appropriate) signed the application at the appropriate lines on pages 9, 10, and 13? From State CDP Application Revised 03/04/2016

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Page 1: PERMIT APPLICATION INSTRUCTIONS - eng.lacity.org Access CDP... · parking capacity in Section 9). Pacific Coast Highway (PCH) bounds Will Rogers State Beach on the north. There is

BOARD OF PUBLIC WORKS MEMBERS

KEVIN JAMES PRESIDENT

CITY OF LOS ANGELES CALIFORNIA

DEPARTMENT OF PUBLIC WORKS

BUREAU OF ENGINEERING

MONICA RODRIGUEZ GARY LEE MOORE, P.E.

VICE PRESIDENT CITY ENGINEER

HEATHER MARIE REPENNING PRESIDENT PRO TEMPORE

1149 S. BROADWAY, SUITE 700 LOS ANGELES, CA 90015-2213

MICHAEL R. DAVIS COMMISSIONER

JOEL F. JACINTO COMMISSIONER

FERNANDO CAMPOS EXECUTIVE OFFICER

ERIC GARCETTI MAYOR

PERMIT APPLICATION INSTRUCTIONS

http://eng.lacity.org

A completed application includes the APPLICATION FOR COASTAL DEVELOPMENT PERMIT, the appendices to the application, and Required Attachments.

• Please answer all questions. If a question is not applicable to your project, indicate "N.A."

• Refer to pages 8 - 9 of the APPLICATION for a list of Required Attachments. • Incomplete applications will not be accepted for filing. • All exhibits must be legible.

The following checklist is provided for the convenience of applicants in gathering necessary application materials; it is not a complete statement of filing requirements.

Application Materials Necessary ~ Proof of applicant's interest in the property

~ Assessor's parcel map(s) showing the proposed development site and all adjacent properties within 100 feet of the property boundary.

~ Stamped envelopes (no postage meter please) addressed to neighboring property owners and occupants and other interested parties and a list of the same.

~ Vicinity Map

~ Two sets of project plan(s), site plan(s), and applicable other plans .. (All plans. must be stamped and signed "Approved in Concept".)

~ Copy of any environmental documents (DRAFT AND FINAL EIRs, EISs, NEGATIVE DECLARATION) if prepared for the project and any comments and responses.

~ Verification of all other permits, permissions or approvals applied for or granted by public agencies.

~ Copy of geology or soils report (if necessary).

~ Local approval of the project.

~ Has the Notice of Pending Permit been posted in a conspicuous place?

Page Item 7 1

7 2

7,8 4,5

8 6

8 7,11

8 9

8 10

8 11

Appdx B

Appdx D

~ Have you and the agent (if appropriate) signed the application at the appropriate lines on pages 9, 10, and 13?

From State CDP Application Revised 03/04/2016

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APPLICATION:

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SECTION I. APPLICANT 1. Name, mailing address, and telephone number of all applicants.

City of Los Angeles, Department of Recreation and Parks 221 N Figueroa St. Los Angeles CA 90012 Suite 400

213-202-2681 (Area code/daytime phone number)

Note: All applicants for the development must complete Appendix A, the declaration of campaign contributions. 2. Name, mailing address and telephone number of applicant's representatives, if any. Please include all representatives who will communicate on behalf of the applicant or the applicant's business partners, for compensation, with the City Engineer or the staff. (It is the applicant's responsibility to update this list, as appropriate, including after the acceptance of the application for filing. Failure to provide this information prior to communication with the City Engineer or staff may result in denial of the permit or criminal penalties.)

Paul Davis, 221 N Figueroa St., Los Angeles CA, 90012 Suite 400 213-202-2667 [email protected] 213-202-2667

(Area code/daytime phone number) SECTION II. PROPOSED DEVELOPMENT Please answer all questions. Where questions do not apply to your project (for instance, project height for a land division), indicate Not Applicable or N.A.

1. Project Location. Include street address, city, and/or county. If there is no street address, include other description such as nearest cross streets.

A) 17000 Number Pacific Palisades, CA 90272 City

B) 1800 Number Venice, CA 90291 City

C) 12001 Number Playa del Rey, CA 90293 City

D) 607 Paseo Del Mar Number San Pedro, CA 90731 City

Coast Hwy, street

Los Angeles (Will Rogers State Beach) county

Ocean Front Walk, street

Los Angeles (Venice Beach) county

Vista Del Mar street

Los Angeles (Dockweiler State Beach) county

street Los Angeles (Wilders Addition Park)

county

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E) 3720 Stephen M. White Dr. Number street San Pedro, CA 90731 Los Angeles (Cabrillo Outer Beach) City county

1. Assessor's Parcel Number(s) (obtainable from tax bill or County Assessor):

A) Will Rogers State Beach 4410-008-001 4410-008-900 4410-009-900 4411-031-900 4411-032-901 4412-030-904 4414-011-900 4415-036-001 4415-036-900 4415-035-900 4415-037-900 4416-009-901 4416-009-903

B) Venice Beach 4294-001-900 4294-001-901 4225-012-900 4226-002-900 4226-001-900 4226-001-903 4226-001-902 4226-001-901 4286-027-902 4286-028-902 4286-029-902 4286-030-903 4288-029-900 4288-029-909 4288-029-910 4288-029-916 4288-029-906 4288-029-914

FOR OFFICE USE ONLY

APPLICATION NUMBER

C) Dockweiler Beach 4131-028-901 4131-029-900 4129-001-901 4129-001-902 4117-001-902 4117-001-904 4116-034-900 4116-033-900 4116-032-900 4116-003-006 4116-003-902

D) Wilders Addition Park 7 469-028-900 7 469-029-900 7 469-030-900

E) Cabrillo Beach 7 440-041-906

RECEIVED

FILED

FEE

DATE PAID

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2. Describe the proposed development in detail. Include secondary improvements such as grading, septic tanks, water wells, roads, driveways, outbuildings, fences, etc. (Attach additional sheets as necessary.) 2.1 Description of the project

The project consists of the implementation of City of Los Angeles Municipal Code (LAMC), Section 63.44.B)14.b), that restricts access to the beaches owned or controlled by the City of Los Angeles from 12:00 am to 5 am of the following day. In effect since 1989, LAMC states as follows:

63.44. REGULATIONS AFFECTING PARK AND RECREATION AREAS. [ ... ] B. Within the limits of any park or other City-owned Harbor Department designated and controlled property within the City of Los Angeles: [ ... ] 14. (Amended by Ord. No. 164,209, Eff. 1/8/89.)

(a) [ ... ] (b) No person shall enter, remain, stay or loiter in any park which

consists of an ocean area, beach, or pier between the hours of 12:00 midnight and 5:00 o'clock a.m. of the following day; except that no person shall remain, stay or loiter on Royal Palms Beach between the hours of 8:00 o'clock p.m. and 5:00 o'clock a.m. of the following day. On any park which consists of an ocean area, beach, or pier subject to this Section, the supervising employee at such site may extend the 12:00 midnight closing time, or in the case of Royal Palms Beach the 8:00 o'clock p.m. closing time, to accommodate special events such as grunion runs and other events approved by the Department of Recreation and Parks or the Los Angeles County Department of Beaches, as applicable.

(c) No person shall enter, remain, stay or loiter in any of the following parks or facilities after their set hours of operation. The closing and opening hours for each of the following parks or facilities shall be as follows: (Amended by Ord. No. 182,547, Eff. 7/8/13.)

[ ... ]

Cabrillo Beach pay Parking Lot (Port parking section) - closed at 10:30 p.m., open at 3:00 a.m.

The City has a longstanding history, predating the enactment of the California Coastal Act, of establishing opening and closing times for City owned, controlled and managed beach parks. The City plans to apply for, issue a local development permit, and then

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seek a coastal development permit from the California Coastal Commission under a reservation of rights. Like most other coastal cities, the City maintains the position that the City is not required to issue a local coastal permit or seek a Coastal Development Permit for the adoption of an ordinance that establishes opening and closing hours of the City's beach parks because such an ordinance is not a "development." In addition, the City believes that its longstanding history of enacting and enforcing beach closure hours pre-dates, and is therefore not subject to, the Coastal Act. The City also maintains the position that the legislative history for enactment of the current opening and closing hours for the City's beach parks demonstrates that beach closure hours abated nuisance conditions existing at the time of the enactment. They were enacted in direct response to law enforcement needs to reduce crime, and a request from the then­acting Director of the County of Los Angeles Department of Beaches that nuisance conditions continued to exist in the City's beaches. Moreover, the nuisance conditions would likely intensify, unless the City's beach closure hours remained in force and effect.

Beaches are an important resource for the City of Los Angeles; they constitute an attraction for tourists coming from all over the world, visitors from the larger metropolitan area, and they provide recreation opportunities for local residents. The heaviest public use occurs primarily during the year between the Memorial Day weekend and Labor Day. The beaches also provide habitat for protection of endangered species. For example, Venice Beach has a fenced nesting enclosure for the California least tern (Sternula antillarum browni), a species listed as endangered under the federal Endangered Species Act. In addition, Dockweiler Beach has a fenced area for the nesting of the snowy plover (Charadrius nivosus), which is listed as threatened by the U.S. Fish & Wildlife Service (USFWS) under the Endangered Species Act. In addition, the western snowy plover is as a "species of special concern" by the State of California.

During the day, the beaches provide a coastal environment with favorable waves and water conditions suitable for many activities including surfing, swimming, volleyball, bodysurfing, and sunbathing. They are equipped with manned lifeguard towers from 8:00 am to 5:00 pm daily. In addition, there are food concession stands, street entertainment and commercial activities along Ocean Frontwalk, fishing at the Venice and Cabrillo Piers, and RV camping opportunities al Dockweiler Beach. Dockweiler Beach also operates the Dockweiler Youth Center, which offers a multi-purpose room and terrace, youth camps, and community programs. Venice Beach is the home of Muscle Beach that is equipped with a celebrated open-air gym, along with tennis courts, basketball courts and a skate park.

Most beaches are highly accessible from major thoroughfares (see the detail about parking capacity in Section 9). Pacific Coast Highway (PCH) bounds Will Rogers State Beach on the north. There is on-street parking on both sides of the road and numerous pathways lead directly from PCH to the sandy area and to the beach. There are also three major parking lots, one in proximity of Temescal Canyon Road; one at the terminus of Sunset Boulevard and one in proximity of the intersection of PCH and Coastliner Drive. An express bus line (534) that connects Malibu with Santa Monica and

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stops at the intersection of PCH with Sunset Boulevard serves the beach, with a 20-minute frequency during peak time and 40 minutes off peak,.

Venice Beach is highly accessible, as it is the terminus of all east-west oriented local streets west of Pacific Avenue, between Barnard Street to the north and Via Marina to the south. There is limited on street parking on local streets, but three wide parking lots, one at the west terminus of Rose Avenue, one at the west terminus of Venice Beach and one at the west terminus of Washington Boulevard provide beach parking during the day. The beach is also accessible via the city active transportation network, as there are bike lanes along both Venice Boulevard and Washington Boulevard. Numerous bus routes (Table 1) also serve the area. Rapid Bus 733, Big Blue Bus 1 and Metro local bus 33 stop on Main Street at about 1,000 feet from the beach, the others serve the Marina Peninsula.

Table 1 Bus routes serving Venice Beach

Bus Number Transit Agency Peak Frequency Time 733 MTA Every 20' 5 am to 11 pm 33 MTA Every 15' 24h 108/358 MTA Every 8' 5 am to 10 pm CE437 MTA Every 20' BBB1 City of Santa Monica Every 12' 6 am to 12:00 am C1 Culver City Every 20' 5:40 am to 11 :27 pm

Dockweiler Beach is reachable via Imperial Highway and has four large parking lots. Vista del Mar bounds the beach on the east with on street parking on both sides. The beach connects to the active city transportation network with bike lanes on Imperial Highway, and on Grand Avenue (El Segundo). Wilders Addition Park has on street parking available on both sides of Paseo del Mar, which is also part of the city bike lanes infrastructure, and a local metro bus (246) that runs from 4 am to midnight with a peak frequency of 32 minutes serves the area. Access to Cabrillo Beach is via Shoshone Road or via Stephen M. White Drive. Cabrillo Beach has a large parking lot, and local metro bus 246 serves the area, as well as the city transportation network via a bike route.

As such, in order to provide safety for the users and protection of the local fauna, the City Municipal Code addresses the issues of a wide-open space highly integrated with the urban fabric.

2.2. Areas where LAMC 63.44.8.14.b) is enforceable

LAMC 63.44.B.14.b) applies to all beaches owned or controlled by the City of Los Angeles. As shown in Figure 1, the beach areas within the boundaries of the City of Los Angeles are wide and encompasses a total of 632 acres, but other government agencies and private entities own parts of it.

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LAMC 63.44.B.14.b) is enforceable in the beach area owned by the city, including parts of Venice Beach, Wilders Addition Park and Cabrillo Beach (197 ac.) (Fig. 2). Only the portion of Cabrillo Beach south of the rock line ("Outer Cabrillo Beach"), however, is included in the project, because the northern portion ("Inner Cabrillo Beach") is located within the planning area of the Port of Los Angeles Master Plan (approved by the California Coastal Commission on March 12, 2014) and is under the Port's coastal jurisdiction (Fig.3).

Furthermore, since 1911, the City of Los Angeles has owned all the rights to the tidal lands situated below the line of mean high tide of the Pacific Ocean within its boundaries, where the municipal code is also enforceable (Appendix A).

LAMC 63.44.B.14.b) is also enforceable in the beaches leased to the City by the State of California. In fact, although the State of California owns Will Rogers State Beach, parts of Venice Beach (as seen if Fig. 2) and the majority of Dockweiler Beach, for a total of 107 acres, these areas are leased by the City. The City of Los Angeles and the State of California signed a number of lease agreements in 1949 and 1952 (Appendix B.).

These agreements allow Los Angeles to:

• control, develop, improve, maintain, operate, control and use the beach lands; • determine the need for any structures, improvements, buildings, additions or

alterations, that could enhance enjoyment of the beach and protection of the general public;

• grant concessions that could guarantee greater use and enjoyment of the beach to all.

The lease agreements expired in 1998 and 1999, but extended on a monthly basis (Appendix C.).

the City of Los Angeles does not own or control Royal Palms/White Point Beach, which is owned by Los Angeles County since 1995, and some parcels owned by private parties, (two in the Will Rogers State Beach and one at Dockweiler Beach)(Fig.4).

As such, the beaches where LAMC 63.44.B.14.b) applies include the following:

• Will Rogers State Park (owned by the State and leased to the City), excluding the parcels owned as private property;

• Venice Beach (partially owned by the City, and partially owned by the State and leased to the City);

• Dockweiler Beach (mainly owned by the State and leased to the City), excluding the parcel owned as private property;

• Wilders Addition Park (owned by the City) and • Cabrillo Beach (owned by the City, with Outer Cabrillo Beach in the dual coastal

8

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Fig.1.a. Council District 11 Beach Area

Beach Area

City of Los Angeles

¯

1:60,000

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Fig.1.b. Council District 15 Beach Area

LA Beaches Area

City of Los Angeles

¯

1:21,069

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Fig.2.a. Will Rogers State Beach Parcel Ownership

Non beach parcels

State of California Ownership

Other Ownership

¯

1:15,000

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community

Fig.2.b. Venice Beach Parcel Ownership

Non beach parcels

City of Los Angeles Ownership

State of California Ownership1:12,500

¯

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community

Fig.2.c. Dockweiler Beach North Parcel Ownership

Non beach parcels

City of Los Angeles Ownership

State of California Ownership

Other Ownership1:7,500

¯

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community

Fig.2.d. Dockweiler Beach South Parcel Ownership

Non beach parcels

City of Los Angeles Ownership

State of California Ownership1:7,500

¯

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Fig.2.e. Royal Palms, Wilders Addition and Cabrillo Beach Parcel Ownership

Non beach parcels

City of Los Angeles Ownership

Los Angeles County Ownership

¯

1:17,500

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Default
Text Box
Fig. 3. Port of Los Angeles Master Plan Jurisdiction
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Fig.4.a. Will Rogers State Park: Beach Area Controlled by the City of Los Angeles

Beach Area Controlled by the City of LA

Non beach parcels

State of California Ownership

Other Ownership

¯

1:15,000

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community

Fig.4.b. Venice Beach: Beach Area Controlled by the City of Los Angeles

Beach Area Controlled by the City of LA

Non beach parcels

City of Los Angeles Ownership

State of California Ownership1:12,500

¯

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community

Fig.4.c.Dockweiler Beach North: Beach Area Controlled by the City of Los Angeles

Beach Area Controlled by the City of LA

Non beach parcels

City of Los Angeles Ownership

State of California Ownership

Other Ownership1:7,500

¯

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community

Fig.4.d.Dockweiler Beach South: Beach Area Controlled by the City of Los Angeles

Beach Area Controlled by the City of LA

Non beach parcels

City of Los Angeles Ownership

State of California Ownership1:8,977

¯

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

Fig.4.e. Wilders Addition and Cabrillo Beach: Beach Area Controlled by the City of Los Angeles

Beach Area Controlled by the City of LA

Non beach parcels

City of Los Angeles Ownership

¯

1:10,000

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jurisdiction of the City of Los Angeles and of the California Coastal Commission, and Inner Cabrillo within the planning area of the Port of Los Angeles Master Plan).

Most of the City-owned and controlled beaches, as well as Royal Palms/White Point Beach, are operated and maintained by the Los Angeles County Department of Beaches and Harbors. In fact, in 1975 the City signed a Joint Powers Agreement with Los Angeles County. The Joint Powers Agreement assigns the responsibility of all the lifeguard services, beach maintenance, parking management and concessions to the County. On its part, the City retains the obligation of providing capital improvements, fire protection and law enforcement. The only areas directly operated by the City of Los Angeles through the Department of Recreation and Parks are Windward Plaza and the Ocean Board Walk in Venice and the outer portion of Cabrillo Beach ("Outer Cabrillo") in San Pedro.

2.3. History of beach park closures and rationale behind such closures

Regulation of beach access in Los Angeles has occurred since 1936. In fact, the 1936 first edition of the Los Angeles Municipal Code contained an ordinance codified at LAMC § 63.51 (t), which closed the City parks from 10:30 p.m. to 5:00 a.m. Moreover, as of July 1970, LAMC § 63.51 (t) maintained that, all parks, including beaches in the City were closed between 12:00 am and 5:00 am the next day.

According to the legislative materials in the 1970s, crime and vandalism at parks, and specifically at the beaches, became a real concern. On May 10, 1973, the Recreation and Parks (RAP) General Manager submitted a report to the Board of Recreation and Parks Commissioners ("the Board") entitled "Violence and Vandalism at Department Facilities." The goal of the report was to "convey to the Police Department. .. the Mayor and the City Council, and the District Attorney ... the tremendous magnitude of the problem and the operating handicaps resulting from it." The report discussed the increase in crime and other violent acts occurring at City parks from March 1972 through March 1973, and described the following incidents that took place at City beaches during that timeframe:

• Cabrillo Beach/Fishing Pier: one murder, one suicide, one attempted suicide, and approximately $4,000 in losses due to vandalism;

• Dockweiler Beach: one attempted suicide, two deaths, and approximately $5,000 in losses due to vandalism; and

• Venice Beach: two assaults (one against RAP staff and another against a patron) and approximately $3,000 in losses due to vandalism.

In the late 1970s, according to legislative materials, Royal Palms Beach controlled by the City at that time also began to experience prolific crime and other nuisance conditions. According to a report from the Police, Fire, and Civil Defense Committee to the City Council, dated January 27, 1978, "Royal Palms Beach area[ ... ] has been subject to increasing disturbances, including vandalism, teenage drinking, and other

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criminal activities during the night and early morning hours. [Accordingly, the Committee recommended] as recommended by the Chief of Police, the Board of Police Commissioners, and the City Administrative Officer, that the City Attorney be requested to prepare and present an ordinance amending Municipal Code Section 63.51 (t) to allow the closure of Royal Palms Beach between the hours of 8:00 p.m. and 5:00 a.m." City Council followed the recommendations and so amended the ordinance.

In 1979, the City amended and renumbered multiple sections of the municipal code. Section 63.51 (t) became Section 63.44. The amended municipal code section, which defined and regulated the operating hours of parks, explicitly included only Royal Palms Beach, and inadvertently, no other beaches. Therefore, no City-enacted closure law appeared to be in effect, except for Royal Palms Beach.

In 1988, moved by more concerns about public safety, City Council corrected the omission and re-established closing times for all parks including a beach, ocean, and pier. As the legislative history explains, "[o]n October 21, 1979 the City Council adopted Ordinance No. 153027 regarding the regulation of parks and beaches in the City of Los Angeles. Section 63.44 B. 14 specifies closing hours for parks but excludes ocean areas, beaches or piers. [Public beaches in Los Angeles City were closed at 12 midnight prior] to the adoption of this ordinance. Since the adoption of Ordinance No. 153027, acts of vandalism and other crimes have been committed in beach areas, [hampering] police enforcement because [of elimination of] the curfew. The Acting Director of the County of Los Angeles Department of Beaches feels the curfew law is necessary for the protection and well-being of the public." The City Attorney's Office stated that the omission of a beach closing time was an unintentional oversight in the draft ordinance.

2.4 Current rationale for beach closure

Beach access closure daily from 12 am and 5 am is still important to the City of Los Angeles for three reasons:

1) It limits the risk to public safety; 2) It helps prevent crime; 3) It prevents vandalism to public structures.

At this time it is not possible to compare emergency responses or crime statistics for pre- and post-implementation of LAMC 63.44.B) 14.b) to assess its effectiveness at improving public safety, but some general considerations are useful to explain why a beach curfew of a few hours at night is considered useful.

For public safety concerns, the rationale behind the beach closure is that at night the beaches are perilous areas. After dark, beaches are large dark and unlit areas. For example, Will Rogers State Park is 3.2 miles long. Venice Beach is 2.6 miles long and between 350 feet and 1,200 feet wide. Dockweiler Beach is about 7 miles long and ranging from 250 feet to 1,200 feet wide. Wilders Addition beach portion of the Park is

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at the bottom of a 100 feet cliff and is accessible only through steep pathways. Cabrillo Beach is only 0. 72 miles long, but includes a 600 feet of unlit jetty. Surrounding streetlights on the landward border hardly reach the majority of the beach areas. Even on nights with a full moon, coastal low clouds impede clear visibility anywhere along the coast. As lifeguard services end at 5 p.m., it would be difficult to rescue anyone caught by a rip current or in danger at sea. Furthermore, as GPS cellular data does not trace signal locations accurately, if anybody is in any kind of danger, emergency services would encounter extreme difficulty at finding the exact location of the call and would not be able to intervene. Closing the beaches between 12:00 am and 5:00 am balances the rights of patrons and visitors to experience the beaches at night with the significant public safety concerns of the City at a time and place that makes emergency response difficult if not impossible.

Research on crime and time of day show that criminal activities are relatively concentrated at night. Felson & Poulsen (2003)1 claim that in US urban areas about 28% crime happens between 12:00 am and 5:00 am and argues that intoxicated behaviors are the primary cause.

At beach areas in the City of Los Angeles, especially at Venice Beach, nighttime crimes are a relevant concern. Table 2 lists the number of crimes reported by Los Angeles Police Department (LAPD) between January 1, 2010 and November 30, 2016, between 12 am and 5 am at the beaches and in the surrounding areas, and shows that the areas near Venice Beach are by far the most dangerous.

Table 2: Number of crimes reported between January 2010 and November 2016 in areas adjacent to the beach between 12 am and 5 am

Beach Number of crimes Will Rogers State Park 89 Venice Beach 411 Marina Peninsula 52 Dockweiler Beach 17 Wilders Addition Park 34 Cabrillo Beach 42

Aggravated assaults are the most common nighttime crimes at Will Rogers State Park, theft is the most common at Venice Beach and on Marina Peninsula; vandalism is prevalent at Dockweiler Beach and Wilders Addition Park, and burglary and theft of motor vehicles are greater at Cabrillo Beach.

According to the LAPD commanding officer of the Pacific Division, the current ordinance keeps in check the number of potential criminal acts and reduces the area that police officers must patrol. The number of police officers available at night is in fact lower than

1 Felson, Marcus & Erika Poulsen (2003) Simple indicators of crime by time of day, International Journal of Forecasting, 19; 595-601

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the number of officers that patrol the beach during the day. Although the number of officers deployed changes every day, during the summer months an average of 11 to 14 LAPD units patrol the beach area in a 24-hour period. During the off-season months (October-April), this number drops to 7 to 10 units. From 11 :00 pm until 5:00 am, LAPD deploys approximately 3 to 5 units during the summer and 2 to 3 units in the off-season. Restricting access to the beach minimizes to the extent possible the area that needs patrolling at night. As such, officers working at night can patrol a smaller area and be more effective at preventing crime in other areas.

The current beach closure also minimizes possible damage to the recreational infrastructure. There are 10 lifeguard towers at Will Rogers Beach, 20 at Venice Beach, 17 at Dockweiler Beach and 2 at "Outer Cabrillo". There are numerous concession stands and restrooms at Will Rogers, Dockweiler and Venice Beach, and there are recreation centers at Venice and Dockweiler Beach as well as a community center at Outer Cabrillo Beach. All these structures currently protected by the City code provide safety to beach visitors and low cost recreational opportunities, but could become potential vandalism targets, if the area were open to the public and unguarded at night.

a If If f ·1 "d f I t t N/A mu 1- am11y res1 en 1a , s a e: Number of units Number of bedrooms per Type of ownership

unit (both existing and proposed proposed)

~

Existing Proposed Net number of Drental units new units units on Dcondominium

completion of Dstock cooperative project Otime share

Dother

b If I d d" .. I t I" d" t t . d" t N/A an IVISIOn or 0 me a IJUS men , m 1ca e: Number of lots Size of lots to be created (indicate net or

gross acreage) Existing Proposed Net number Existing Proposed

Lots new lots of lots on completion of project

3. Estimated cost of development (not including cost of land) Q ~-------

4. Project height: Maximum height of structure (ft.) N/A ---------~

• above existing (natural) grade ............... . • above finished grade ............................. .

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• as measured from centerline of frontage road

5. Total number of floors in structure, including subterranean floors, lofts, and mezzanines: N/A

6. Gross floor area excluding parking (sq.ft.) ..... Gross floor area including covered parking and accessory buildings (sq.ft.)

7. Lot area (within property lines) (sq. ft. or acre) .....

Lot coverage I Existing (sq.ft. or acre)

Buildingj1) I Paved area Landscaped area Unimproved area I

324.19 ac2

New proposed (sq.ft. or acre)

Grand Total (should equal lot area as shown in #7 above) 1.

Total (sq.ft. or acre)

I

8. Is any grading proposed? ....................................................... Doves [gjoNo

If yes, complete the following. a) Amount of cut cu. yds. d) Maximum height ft.

of cut slope b) Amount of fill cu. yds. e) Maximum height ft.

of fill slope c) Amount of import cu. yds. f) Location of or export (circle borrow or disposal which) site

Grading, drainage, and erosion control plans must be included with this application, if applicable. In certain areas, an engineering geology report must also be included.

Please list any geologic or other technical reports of which you are aware that apply to this property:

9. Parking:

There are 4,424 (4,322 regular and 102 compliant with the American for Disabilities Act -ADA) parking spaces to access the beach area subject to LAMC Section 63.44.B.14b) at Cabrillo Beach, Wilders Addition Park, Dockweiler Beach, Venice Beach and Will

2 The lot area reflects the surface of the parcels listed in Section 11.1 .

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Rogers State Park.

At Cabrillo Beach there are 17 parking spaces (15 regular and 2 ADA) in front of the bath-house and 262 (253 regular and 9 ADA) in a parking lot on the jetty. Parking is from 5 am to 10:30 pm and the charge is $1 per hour with a maximum of $9 per day.

At Wilders Addition Park there is on-street parking on both sides of Paseo del Mar, for an estimated 340 parking spaces. Parking is free and unrestricted.

At Dockweiler Beach there are 1,977 parking spaces and an RV park with 118 stalls. One parking lot is open between 6:00 am and 8:00 pm, two are open between 6:00 am and 8:30 pm, and another lot is open between 6:00 am and 10:00 pm. There is on­street parking on Vista del Mar Blvd. between 6 am and 10 pm. Excluding the RV Camping Ground, no parking is available between 10 pm and 6 am.

At Venice Beach there are three parking lots with 1,020 parking spaces open between 6 am and 10 pm. Street parking and commercial parking lots are available in nearby streets and areas near the beach.

At Will Rogers State Beach there are four parking lots that have up to 808 vehicles, are open between 6 am and 8:30 pm. Street parking is available on certain sections of Pacific Coast Highway between 5 am and 10 pm.

The City of Los Angeles owns and operates the parking lots at Cabrillo Beach. At Dockweiler Beach, Venice Beach and Will Rogers State Park, the County of Los Angeles manages the parking lots pursuant to the 1975 JPA between the City and Los Angeles County s, regardless of whether the City or the State owns the property.

Number of parking spaces (indicate whether standard or compact) Existing Spaces Proposed new spaces Net number of spaces on

completion of project 4,424 0 4,424

Is any existing parking being removed? .................................. . D Yes ~No If yes, how many spaces? size

- -------

Is tandem parking existing and/or proposed? .......................... . D Yes ~No If yes, how many tandem sets? size

-------~

10. Are utility extensions for the following needed to serve the project? (Please check yes or no) a) water

Doves ~ONo

b) gas Doves ~ONo

c) sewer Doves ~ONO

d) electric Doves ~ONO

e) telephone Doves ~ONo

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Will electric or telephone extensions be aboveground? ... ... .. . .

11 . Does project include removal of trees or other vegetation? .... If yes, indicate number, type and size of trees

D oves ~oNo

D oves ~oNo

~~~~~~~~~~~~-

or type and area of other vegetation

SECTION Ill. ADDITIONAL INFORMATION The relationship of the development to the applicable items below must be explained fully. Attach additional sheets if necessary.

1 . Present use of property.

a. Are there existing structures on the property? ........ ..... ..... . ~oYes D oNo

If yes, describe Cabrillo Beach: Cabrillo Bath House, 1 Lifeguard Station Wilders Addition Park: 1 Bathroom Building Dockweiler Beach: 1 Restroom, lifeguard and storage building; 1 Dockweiler Youth Center; 1 Restroom and Concessions Building ; 4 bathrooms buildings, 1 RV Park Restroom and Office; 1 Los Angeles County Offices and Maintenance Yard Venice Beach: 7 bathroom buildings; 1 Fishing Pier; 1 Lifeguard Station; 1 Recreation Center (includes gym, tennis courts, basketball courts, skate park); 1 Police Station; 1 Oceanfront Frontwalk, Will Rogers: 1 Lifeguard Station; 3 Bathroom Buildings; 1 Maintenance Yard; 1 Concession Building, 1 Bathroom and Concession Building

b. Will any existing structures be demolished? ..................... .

Will any existing structures be removed? ......................... .

DoYes ~oNo

DoYes ~oNo

If yes to either question, describe the type of development to be demolished or removed, including the relocation site, if applicable.

2. Is the proposed development to be governed by any D oves ~oNo Development Agreement? .... ....... .. ......... ... ... ...... .... ............ .... .

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3. Has any application for development on this site including any Doves [8'.loNo subdivision been submitted previously to the California Coastal Zone Conservation Commission or the Coastal Commission?

If yes, state previous application number(s)

4. a. Is the development between the first public road and the sea (including lagoons, bays, and other bodies of water connected to the sea) ....................................................... .

b. If yes, is public access to the shoreline and along the coast currently available on the site or near the site? ...... .

[8'.loVes D _J No

[8'.loVes D o No

If yes, indicate the location and nature of the access, including the distance from the project site, if applicable.

c. Will the project have an effect on public access to and along the shoreline, either directly or indirectly (e.g., removing parking used for access to the beach)? ............ .

If yes, describe the effect The project restricts public access between 12:00 am and 5 am of the following morning by law (LAMC).

[8'.loVes D o No

5. Does the development involve diking, filling, draining, dredging or placing structures in open coastal waters, wetlands, estuaries, or lakes? (Please check yes or no) a) diking b) filling c) dredging d) placement of structures

Doves Doves Doves Doves [8'.loNo [8'.loNo [8'.loNo [8'.loNo

Amount of material to be dredged or filled (indicate which)

Location of dredged material disposal site

Has a U.S. Army Corps of Engineers' permit been applied for?

6. Will the development extend onto or adjoin any beach, tidelands, submerged lands or public trust lands? ................. .

N/A cu. yd~

Doves [8'.loNo

[8'.loVes DoNo

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For projects on State-owned lands, additional information may be required as set forth in Section IV, paragraph 10.

7. Will the development protect existing lower-cost visitor and [;8JoYes DoNo recreational facilities? ........................................................... ..

Will the development provide public or private recreational DoYes 1:8'.loNo rt 't' ? op po uni 1es. . ....................................................................... .

If yes, explain. Night access restriction protects existing recreational facilities, that provide recreational opportunities for low cost visitors from vandalism

8. Will the proposed development convert land currently or previously used for agriculture to another use? ..................... .

If yes, how many acres will be converted?

9. Is the proposed development in or near:

a. Sensitive habitat areas (Biological survey may be required)

b. Areas of state or federally listed rare, threatened, or endangered species ......................................................... .

c. 100-year floodplain (Hydrologic mapping may be required)

d. Park or recreation area ..................... ................................ .

10 Is the proposed development visible from:

a. State Highway 1 or other scenic route .............................. .

b. Park, beach, or recreation area ........................................ .

c. Harbor area ...................................................................... .

DoYes 1:8'.l o No

[;8JoYes DoNo

[;8JoYes DoNo

[;8JoYes DoNo

[;8JoYes DoNo

[;8J oYes D o No

[;8J oYes D o No

[;8JoYes D o No

11 Does the site contain any: (If yes to any of the following, please explain on an attached sheet.)

a. Historic resources DoYes [;8JoNo

b. Archaeological resources ................................................. . Doves [;8JoNo

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c. Paleontological resources ................................................ . DoYes [g] o No

12 Where a stream or spring is to be diverted, provide the following information:

Estimated streamflow or spring yield (gpm) N/A -------------If well is to be used, existing yield (gpm) N/A

-------------

If water source is on adjacent property, attach Division of Water Rights approval and property owner's approval.

SECTION IV. REQUIRED ATTACHMENTS

The following items must be submitted with this form as part of the application.

1. Proof of the applicant's legal inter&st in 'the ·property. A copy of any of the following will be acceptable: current tax bin, recorded· deecf,1 lease,' .easement, or current policy of title insurance. Preliminary title reports will not be accepted for this purpose. Documentation reflecting intent to purchase such as a signed Offer to Purchase along with a receipt of deposit or signed final escrow document is also acceptable, but in such a case, issuance of the permit may be contingent on submission of evidence satisfactory to the Executive Director that the sale has been completed. The identity of all persons or entities which have an ownership interest in the property superior to that of the applicant must be provided.

2. Assessor's parcel map(s) showing the page number, the applicant's property, and all other properties within 100 feet (excluding roads) of the property lines of the project site. (Available from the County Assessor.)

3. Copies of required local approvals for the proposed project, including zoning variances, use permits, etc., as noted on Local Agency Review Form, Appendix B. Appendix B must be completed and signed by the local government in whose jurisdiction the project site is located.

4. Stamped envelopes addressed to each property owner and occupant of property situated within 100 feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and assessor's parcel numbers of same. The envelopes must be plain (i.e., no return address), and regular business size (9 1/2" x 4 1/8"). Include first class postage on each one. Metered postage is not acceptable. Use Appendix C, attached, for the listing of names and addresses. (Alternate notice provisions may be employed at the discretion of the District Director under extraordinary circumstances.)

5. Stamped, addressed envelopes (no metered postage, please) and a list of names and addresses of all other parties known to the applicant to be interested in the proposed development (such as persons expressing interest at a local government hearing, etc.).

6. A vicinity or location map (copy of Thomas Bros. or other road map or USGS quad map) with the project site clearly marked.

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7. Copy(s) of plans drawn to scale, including (as applicable): • site plans • floor plans • building elevations • grading, drainage, and erosion control plans • landscape plans • septic system plans Trees to be removed must be marked on the site plan. In addition, a reduced site plan, 8 1/2" x 11" in size, must be submitted. Reduced copies of complete project plans will be required for large projects. NOTE: See Instruction page for number of sets of plans required.

8. Where septic systems are proposed, evidence of County approval or Regional Water Quality Control Board approval. Where water wells are proposed, evidence of County review and approval.

9. A copy of any Draft or Final Negative Declaration, Environmental Impact Report (EIR) or Environll.lental Impact Statement (EIS) prepared for the project. If available, comments of.all .r:eviewing agencies and responses to comments must be included.

10. Verification of all other permits, permissions or approvals applied for or granted by public agencies such as: • Department of Fish and Game • State Lands Commission • Army Corps of Engineers • U.S. Coast Guard For projects such as seawalls located on or near state tidelands or public trust lands, the Coastal Commission must have a written determination from the State Lands Commission whether the project would encroach onto such lands and, if so, whether the State Lands Commission has approved such encroachment. See memo to ''Applicants for shorefront development" dated December 13, 1993.

11. For development on a bluff face, bluff top, or in any area of high geologic risk, a comprehensive, site-specific geology and soils report (including maps) prepared in accordance with the Coastal Commission's Interpretive Guidelines. Copies of the guidelines are available from the District Office.

SECTION V. NOTICE TO APPLICANTS Under certain circumstances, additional material may be required prior to issuance of a coastal development permit. For example, where offers of access or open space dedication are required, preliminary title reports, land surveys, legal descriptions, subordination agreements, and other outside agreements will be required prior to issuance of the permit.

SECTION VI. COMMUNICATION WITH COMMISSIONERS

This section of the state application is not used for applications to the Los Angeles City Engineer.

SECTION VII. CERTIFICATION

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1. I hereby certify that I, or my authorized representative, have completed and posted or will post the Notice of Pending Permit card in a conspicuous place on the property within three days of submitting the application to the City Engineer.

2. I hereby certify that I have read this completed application and that, to the best of my knowledge, the information in this application and all attached appendices and exhibits is complete and correct. I understand that the failure to provide any requested information or any misstatements submitted in support of the application shall be grounds for either refusing to accept this application, for denying the permit, for suspending or revoking a permit issued on the basis of such misrepresentations, or for seeking of such further relief as may seem proper to the City Engineer.

3. I hereby authorize representatives of the City Engineer to conduct site inspections on my property. Unless arranged otherwise, these site inspections shall take place

between the hours of 8:00 A.M. 8::::;;~ ~ 9, '$ )? Sigifature of Authorized Agent(s) OP/~ent,

signature of Applicant NOTE: IF SIGNED ABOVE BY AGENT, APPLICANT MUST SIGN BELOW.

SECTION VIII. AUTHORIZATION OF AGENT I hereby authorize to act as my representative and to bind me in all matters concerning this application.

Signature of Applicant(s) (Only the applicant(s) may sign here to authorize

an agent)

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APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A

DECLARATION OF CAMPAIGN CONTRIBUTIONS

Government Code Section 84308 prohibits any Commissioner from voting on a project if he or she has received campaign contributions in excess of $250 within the past year from project proponents or opponents, their agents, employees or family, or any person with a financial interest in the project. In the event of such contributions, a Commissioner must disqualify himself or herself from voting on the project. Each applicant must declare below whether any such contributions have been made to any of the listed Commissioners or Alternates (see last page).

CHECK ONE

~ The applicants, their agents, employees, family and/or any person with a financial interest in the project have not contributed over $250 to any Commissioner(s) or Alternate(s) within the past year.

D The applicants, their agents, employees, family, and/or any person with a financial interest in the project have contributed over $250 to the Commissioner(s) or Alternate(s) listed below within the past year.

Commissioner or Alternate

Commissioner or Alternate

Signature of Applicant or Authorized Agent / Date

Please type or print your name Paul Davis

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APPENDIX B LOCAL AGENCY REVIEW FORM

SECTION A {TO BE COMPLETED BY APPLICANT) Applicant City of Los Angeles Department of Recreation and Parks Project Description LAMC 63.44.B)14.b) Location 17000 Coast Hwy, Pacific Palisades, CA; 1800 Ocean Board Walk, Venice,

CA; 12001 Vista del Mar, Playa del Rey, CA; 607 W Paseo Del Mar, San Pedro, CA 90731; Stephen M. White Dr. San Pedro, CA

Assessor's See Attached Parcel Number ------------------------~

1SECTION B (TO BE COMPLETED BY LOCAL PLANNING OR BUILDING INSPECTION DEPARTMENT) Zoning Designation OS-1XL 1, OX-1XL·O, SL-0 0 du/

General or Community Plan Designation

Local Discretionary Approvals

OS-XL1, OX-1XL-O, SL- Q 0

ac du/ ac

C8J Proposed development meets all zoning requirements and needs no local permits other than building permits.

D Proposed development needs local discretionary approvals noted below. Needed Received

D D D D D D D D D D D D D D D D D D D D

CEQA Status

Design/Architectural review Variance for Rezone from Tentative Subdivision/Parcel Map No. Grading/Land Development Permit No. Planned Residential/Commercial Development Approval Site Plan Review Condominium Conversion Permit Conditional, Special, or Major Use Permit No. Other

D Categorically Exempt Class Item D Negative Declaration Granted (Date)

D Environmental Impact Report Required, Final Report Certified (Date)

C8J Other The project is not subject to CEQA, as it pertains an existing statute, maintains the status quo and does not cause any change in the environment (California PRC §21065)

Prepared for the City/County of Date

Los Angeles By --~--------

Tit I e Environmental Supervisor ___ __,

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