Ordinance No. 3254-23 Adding Title 12, Chapter 37 and Amending Title 12, Chapter 2 and Title 4, Chapter 9 and Title 4, Chapter 35 of the Redondo Beach Municipal Code — Redondo Beach City Council, February 21, 2023

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDONDO BEACH, CALIFORNIA, ADDING TITLE 12,
CHAPTER 37 OF THE REDONDO BEACH MUNICIPAL

CODE ESTABLISHING REGULATIONS PERTAINING TO
SKATEBOARDING AND SKATEBOARD PARKS; AND
AMENDING TITLE 12, CHAPTER 2 OF THE REDONDO

BEACH MUNICIPAL CODE TO ALLOW SKATEBOARDING
ON PAD #10; AND AMENDING TITLE 4, CHAPTER 9 OF

THE REDONDO BEACH MUNICIPAL CODE PERTAINING

TO PROHIBITED ACTIVITIES IN THE REDONDO BEACH
FISHERMAN’S WHARF AREA; AND AMENDING TITLE 4,
CHAPTER 35 PERTAINING TO PARKS AND

RECREATION FACILITIES
WHEREAS, on August 20, 2019, City Council directed staff to study five City parks for improvement and new skateboarding facilities;
WHEREAS, on August 4, 2020, City Council directed staff to also study Pad #10 on the Redondo Beach Pier for improvement and new skateboarding facilities; WHEREAS, on September 14, 2020 the Harbor Commission considered the Skatepark Alternatives Study that included Pad #10;
WHEREAS, on October 20, 2020, City Council directed staff to start the solicitation process for design-build services for the new skateboarding facilities for Perry Park and Pad #10;
WHEREAS, on October 5, 2021, Spohn Ranch was awarded the contract to design and construct the skateboarding elements at those locations; WHEREAS, on February 14, 2022, the Harbor Commission conducted a duly noticed public hearing, accepted public testimony and approved Resolution 2022-02- HCR-01 approving an Exemption Declaration and granting the Conditional Use Permit, Harbor Commission Design Review, and Coastal Development Permit to allow the construction and operation of a recreation facility on property located within a Coastal Commercial (CC-1) zone, in the coastal zone at International Boardwalk Pad #10.

WHEREAS, the Harbor Commission recommends that the City Council amend the Redondo Beach Municipal Code Sections (Title 4 and Title 12) that prohibit skateboarding on the Redondo Beach Pier; and
ORDINANCE NO. 3254-23
ORDINANCE ADDING CHAPTER 37 TO TITLE 4 PERTAINING TO SKATEBOARDING AND SKATEBOARD PARKS REGULATIONS; AMENDING TITLE 12, CHAPTER 2 TO ALLOW SKATEBOARDING ON PAD #10; AMENDING TITLE 4, CHAPTER 9 PERTAINING TO PROHIBITED ACTIVITIES IN THE REDONDO BEACH FISHERMAN’S WHARF AREA AND AMENDING TITLE 4, CHAPTER 35 PERTAINING TO PARKS AND RECREATION FACILITIES PAGE 2
WHEREAS, on December 6, 2022, City Council amended the contract with Spohn Ranch to expand the scope of work for the skateboarding facilities at the Perry Park and Pad 10 locations; and
WHEREAS, the City Council finds it necessary to establish regulations pertaining to skateboarding and skateboard parks.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY FIND AS FOLLOWS:

SECTION 1. FINDINGS.

A. In compliance with the California Environmental Quality Act of 1970, as amended (CEQA), and State and local guidelines adopted pursuant thereto, the Harbor Commission of the City of Redondo Beach determined that the zoning amendment qualifies for CEQA exemption because the construction of a recreation facility on Parcel/Pad #10 of the Redondo Beach Pier consists of small accessory structures categorically exempt from the preparation of environmental documents under Section 15303 of the CEQA Guidelines.

B. The Redondo Beach Municipal Code amendments do not constitute and intensification of land use and do not require a vote of the people under Article XXVII of the City Charter.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, ORDAINS AS FOLLOWS:

SECTION 1. AMENDMENT OF CODE. Title 4, Chapter 37 entitled “Skateboard Park Regulations” is hereby added to read as follows:
“4-37.01 Declaration of Purpose and Findings.
(a) The purpose of this chapter is: (1) to promote the public peace, health, safety, and welfare by establishing rules and regulations for the use and enjoyment of city Skateboard Parks, which are designed and maintained for the purpose of recreational skateboard or similar device (including non-motorized scooters, wheelchairs, roller skates and in-line skates) use only; and (2) to comply with California Health and Safety Code Section 115800 by requiring the posting of signs at Skateboard Parks affording reasonable notice that any person riding a skateboard or similar device (including non-motorized scooters, wheelchairs, roller skates and in-line skates) at Skateboard Parks must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation.

ORDINANCE NO. 3254-23
ORDINANCE ADDING CHAPTER 37 TO TITLE 4 PERTAINING TO SKATEBOARDING AND SKATEBOARD PARKS REGULATIONS; AMENDING TITLE 12, CHAPTER 2 TO ALLOW SKATEBOARDING ON PAD #10; AMENDING TITLE 4, CHAPTER 9 PERTAINING TO PROHIBITED ACTIVITIES IN THE REDONDO BEACH FISHERMAN’S WHARF AREA AND AMENDING TITLE 4, CHAPTER 35 PERTAINING TO PARKS AND RECREATION FACILITIES PAGE 3
(b) All City Skateboard Parks are unsupervised facilities. Because of the particular design features of Skateboard Parks, skateboarding and skating at Skateboard Parks are considered stunt, trick, or luge skateboarding, and constitute hazardous recreational activities within the meaning of California Government Code Section 831.7. The City of Redondo Beach shall not be held liable for injuries incurred by persons who participate in any such hazardous recreational activity. All persons who use Skateboard Parks do so at their own risk. (c) Nothing in this chapter should be construed to authorize skateboard or similar device (including non-motorized scooters, wheelchairs, roller skates and in-line skates) use contrary to other provisions of the Redondo Beach Municipal Code outside of the City’s identified Skateboard Parks.
4-37.02 Definitions.

As used in this chapter:
“Director” means the Community Services Director, the Community Services Director’s designee, the City Manager, or the City Manager’s designee. “Eviction” means expulsion from the Skateboard Park.
“Skate” or “skating” means to ride, operate, or use a skateboard, non-motorized scooter, wheelchair, roller skates or inline skates.
“Skate area” means the paved surfaces, obstacles, and features of the Skateboard Park specifically designed for skating, including platforms, transitions, banks, bowls, hips, ledges, coping, decking, rails, flat bars, stairs, and adjacent concrete surfaces, but excluding the picnic tables, public restrooms, and pathways. “Skateboard” means a board of any material, which has wheels attached to it and which is propelled or moved by human, or gravitational power, and to which there is not fixed any device or mechanism to turn or control the wheels.
“Skateboard Park” means any City of Redondo Beach designated skateboarding facility as determined by the Community Services Director, the Community Services Director’s designee, the City Manager, or the City Manager’s designee. 4-37.03 Hours.
(a) Use of Skateboard Parks outside of the hours of operation is prohibited.

Skateboard Park hours of operation shall be displayed on signage posted in accordance with Section 4-37.05.

The following rules and regulations shall apply to Skateboard Parks:
(a) No person shall enter or be upon Skateboard Parks at any time other than the established and posted hours of operation or at any time when the Director has closed the Skateboard Parks. Every person under the age of twelve (12) using Skateboard Parks must be supervised by a parent or guardian. (b) No person shall ride, operate, or use any device other than skateboards, scooters, wheelchairs, roller skates or in-line skates in the skate area. All other uses and devices are prohibited at the Skateboard Park. (c) Pursuant to California Health and Safety Code Section 115800(b), all persons riding a skateboard, scooter, wheelchair, roller skates or in-line skates at the Skateboard Park shall wear a helmet, elbow pads, and knee pads. (d) The Skateboard Park is designed for use without the introduction of any outside obstacles, ramps, rails, or other similar materials or devices. No person shall place, position, erect, or use any outside equipment, obstacles, ramps, rails, or other similar materials or devices at Skateboard Parks. (e) Any person who is injured at Skateboard Parks shall report the injury to city personnel and shall complete an injury report form.
4-37.05 Posting of signs required – Content.

Signs shall be posted in one or more conspicuous and visible area(s) at Skateboard Parks to afford reasonable notice of the provisions of this chapter, and that pursuant to California Health and Safety Code Section 115800, any person riding a skateboard, scooter, wheelchair, roller skates or inline skates at Skateboard Parks must wear a helmet, elbow pads, and knee pads, and that any person failing to do so shall be subject to citation. 4-37.06 Effect, enforcement, and penalties.
(a) Conditioned Use of the Skateboard Parks. The privilege of any person to use Skateboard Parks are expressly conditioned upon compliance by that person with the provisions of this chapter as they apply to such use. It is unlawful and subject to punishment in accordance with this code for any person to violate or fail to comply with any provision of this chapter.

2.07 is hereby amended to read as follows:
“12-2.07 Bicycle and Skateboard Riding.
(a) Bicycle riding is prohibited on any portion of any pier, wharf, public area, parking structure, or City-owned property where noted, except as may be otherwise provided for in this Code.
(b) Riding of skateboards, or use of roller skates or in-line skates is prohibited on any portion of any pier, wharf, public area, parking structure, or City-owned property except as permitted in subsection (c) of this provision.
(c) Skateboarding shall be permitted on any portion of International Boardwalk Pad #10 which is hereby designated by signage as a Skateboard Park. Skateboard Park shall be defined as a City of Redondo Beach designated skateboarding recreational facility.

Use of the Skateboard Park shall be governed by the Skateboard Park Regulations codified in Title 4, Chapter 37 of this code.

The use of any Skateboard Park shall be deemed a hazardous recreational activity within the meaning of California Government Code Section 831.7. The City of Redondo Beach shall not be held liable for injuries incurred by persons who participate in any such hazardous recreational activity. All persons who use Skateboard Parks do so at their own risk.”
SECTION 3. AMENDMENT OF CODE. Title 4, Chapter 9, Article 8, Section 4-

9.802 subsection (c) shall be amended to read as follows:
“4-9.802 Prohibited activities.
(c) Skateboards. It is unlawful for any person to ride or propel any skateboard or similar device (including non-motorized scooters, wheelchairs, roller skates and in-line skates) along, across, upon, or within the area described in this article with the exception of any portion of International Boardwalk Pad #10 designated as a Skateboard Park where such activity shall be permitted pursuant to the Skateboard Park Regulations codified in Title 4, Chapter 37 of this code..”
SECTION 4. AMENDMENT OF CODE. Title 4, Chapter 35, Section 4-35.13 shall be amended to read as follows:
“4-35.13 Skateboard riding in parks.

ORDINANCE NO. 3254-23
ORDINANCE ADDING CHAPTER 37 TO TITLE 4 PERTAINING TO SKATEBOARDING AND SKATEBOARD PARKS REGULATIONS; AMENDING TITLE 12, CHAPTER 2 TO ALLOW SKATEBOARDING ON PAD #10; AMENDING TITLE 4, CHAPTER 9 PERTAINING TO PROHIBITED ACTIVITIES IN THE REDONDO BEACH FISHERMAN’S WHARF AREA AND AMENDING TITLE 4, CHAPTER 35 PERTAINING TO PARKS AND RECREATION FACILITIES PAGE 6
(a) It is unlawful for any person to ride a skateboard or similar device (including non-motorized scooters, wheelchairs, roller skates and in-line skates) in any park, except in areas authorized by the City Manager or designee and designated by signage as a Skateboard Park. “Skateboard Park” shall be defined as a City of Redondo Beach designated skateboarding recreational facility as designated by the “Director” as defined in Redondo Beach Municipal Code section 4-37.02. Use of the Skateboard Park shall be governed by the Skateboard Park Regulations codified in Title 4, Chapter 37 of this code.

(b) The use of any public Skateboard Park shall be deemed a hazardous recreational activity within the meaning of California Government Code Section 831.7.

The City of Redondo Beach shall not be held liable for injuries incurred by persons who participate in any such hazardous recreational activity. All persons who use Skateboard Parks do so at their own risk.”
SECTION 5. AMENDMENT OF CODE. Title 4, Chapter 35, Section 4-35.01 shall be amended only with respect to the definition of “Skateboard” and “Skateboard Park” to read as follows:
“4-35.01 Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Skateboard” shall mean means a board of any material, which has wheels attached to it and which is propelled or moved by human, or gravitational power and to which there is not fixed any device or mechanism to turn or control the wheels. “Skateboard Park” shall mean City of Redondo Beach designated skateboarding facility.” SECTION 6. Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 8. This ordinance shall be published by one insertion in the official newspaper of said city, and same shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

ORDINANCE NO. 3254-23
ORDINANCE ADDING CHAPTER 37 TO TITLE 4 PERTAINING TO SKATEBOARDING AND SKATEBOARD PARKS REGULATIONS; AMENDING TITLE 12, CHAPTER 2 TO ALLOW SKATEBOARDING ON PAD #10; AMENDING TITLE 4, CHAPTER 9 PERTAINING TO PROHIBITED ACTIVITIES IN THE REDONDO BEACH FISHERMAN’S WHARF AREA AND AMENDING TITLE 4, CHAPTER 35 PERTAINING TO PARKS AND RECREATION FACILITIES PAGE 7
PASSED, APPROVED AND ADOPTED this 21st day of February, 2023. _______________________________
William C. Brand, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Michael W. Webb, City Attorney Eleanor Manzano, CMC, City Clerk ORDINANCE NO. 3254-23
ORDINANCE ADDING CHAPTER 37 TO TITLE 4 PERTAINING TO SKATEBOARDING AND SKATEBOARD PARKS REGULATIONS; AMENDING TITLE 12, CHAPTER 2 TO ALLOW SKATEBOARDING ON PAD #10; AMENDING TITLE 4, CHAPTER 9 PERTAINING TO PROHIBITED ACTIVITIES IN THE REDONDO BEACH FISHERMAN’S WHARF AREA AND AMENDING TITLE 4, CHAPTER 35 PERTAINING TO PARKS AND RECREATION FACILITIES PAGE 8

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF REDONDO BEACH )
I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that the foregoing Ordinance No. 3254-23 was introduced at a regular meeting of the City Council held on the 14th day of February, 2023, and approved and adopted by the City Council of the City of Redondo Beach, California, at a regular meeting of said City Council held on the 21st day of February, 2023, and there after signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Eleanor Manzano, CMC
City Clerk

Redondo Beach City CouncilFebruary 21, 2023

Redondo Beach City Council
February 21, 2023