San Diego Municipal Code Art. 3 Public Parks, Playgrounds, Beaches, Tidelands and other Property

Appendix A (Added 8–8–1994 by O–18091 N.S.)

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)

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Article 3: Public Parks, Playgrounds, Beaches, Tidelands and Other Property

Division 00:

It shall be unlawful for any person to make use of any municipal recreation facility for which an activity fee, ticket or permit has been established by resolution of the City Council without first having obtained the required permit or ticket or paid the required fee authorizing such use. (Retitled to “Municipal Recreation Facilities— Use Without Authorization” and amended 1–5–1981 by O–15414 N.S.)

The City Manager shall have the authority to regulate the parking of any automobile, trailer, motorcycle or other motor– driven vehicle in any public park, beach or plaza property. Furthermore, the City Manager shall have the authority to close any public park, beach or plaza property to automobile, motorcycle or other vehicular traffic, subject to any covenants or legally binding conditions upon such lands. Appropriate signs shall be erected or placed giving notice of any special conditions or regulations that are imposed under this section. It is unlawful for any person to stop, park or leave standing any automobile, trailer, motorcycle or other motor–driven vehicle on a public park, beach or plaza property, or to enter same with any such motor–driven vehicle, in contravention of any condition or regulation which may be imposed under this section. (“Vehicle Access and Parking in any Public Parks” added 10–1–1984 by O-16288 N.S.)

That it shall be unlawful for any person or persons to cut, injure or destroy any trees known as the “Pinus Torreyana” growing upon Pueblo Lots Nos. 1332, 1337 and 1338 or any other public lots or lands, belonging to and within the corporate limits of the City of San Diego. (Incorp. 1–22–1952 by O–5046 N.S.)

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No persons other than those persons specifically authorized by law or City permit so to do, shall use, possess, transport, carry, fire, or discharge any fireworks, firearm, air gun, archery device, slingshot or explosive of any kind across, on, or into any City park or designated open space area. “Designated open space area” for the purpose of this section shall mean those open space lands owned by the City and described in that document on file in the office of the City Clerk as Document No. 17082. The City Manager shall have the authority to add open space areas to said document as open space areas are acquired by the City.

In addition, no persons shall participate in activities utilizing laserscope–equipped guns or devices in any City park or designated open space area. For the purpose of this section, “activities” shall mean war games in which two or more persons participate, and “war games” shall mean any activity where one person attempts to strike another person with a laser light. For the purpose of this section “laserscope” means a portable battery–powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance.

This section shall not be applicable to the extent any portion of a City park or designated open space area has been officially set aside or authorized for use by the public or any individual for any of the above prohibited uses.

With regard to, and only with regard to, unloaded firearms, unloaded air guns, laserscope–equipped guns or devices, archery devices and slingshots, a violation of this provision shall constitute an infraction with punishment as defined in Section 12.0201 of this Code. All other violations of this section shall constitute a misdemeanor and be punishable as set forth in Section 12.0201 of this Code. (Amended 2–22–1994 by O–18035 N.S.)

Pursuant to the Environmental Growth Fund provision of the San Diego Charter section 103.1a, it is incumbent upon the City Council of the City of San Diego to use moneys derived from that fund exclusively for the purpose of preserving and enhancing the environment of the City of San Diego. The City Council of the City of San Diego, in implementing said Charter provision, shall allocate all moneys within the fund not employed to pay the debt service on bonds, as set forth in San Diego Charter section 103.1a as follows:

(a) The difference between two–thirds of the Environmental Growth Fund and
the amount actually necessary to make principle and interest payments on
outstanding open space bonds shall be accumulated and utilized solely for the
purpose of providing funds for the acquisition of open space lands.

(b) The remaining one–third of the Environmental Growth Fund shall be used for
the purpose of preserving and enhancing the environment and shall be
allocated to utilization each year, by the City Council, during the budget
process, in accordance with the following priorities:

(1) Open space maintenance, including litter removal and control;

(2) To provide matching funds for acquiring open space in cooperation
with other private or governmental entities;

(3) Regional Park maintenance;

(4) Any other purposes consistent with the San Diego Charter section
103.1a.

(c) The City Manager of the City of San Diego shall prepare, for approval by the
City Council, regulations for the administration of the open space matching
grant program.

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(d) If the City Manager determines that anticipated revenues in any fiscal year will be insufficient to maintain existing City services necessary for preserving and enhancing the environment, the City Manager may ask the City Council to temporarily suspend compliance with this Section in order to allow Environmental Growth Funds to be allocated consistent with San Diego Charter section 103.1a. A majority vote of the City Council can temporarily suspend compliance with this Section for that fiscal year. Creating a mechanism for the suspension of this Section is necessary to prevent the abrogation of duties, obligations, and prerogatives of the City Council in the preparation and passage of the Annual Appropriation Ordinance pursuant to San Diego Charter section 71. (Amended 3-17-2003 by O-19159 N.S.)

Regulations

(a) Definitions

(1) As used herein, the San Diego — La Jolla Underwater Park Ecological
Reserve is all that portion of District 19 consisting of the Pacific
Ocean and tide and submerged lands lying within the boundaries of
the City of San Diego, County of San Diego, State of California
beginning at the most northerly point of Alligator Head Point as
shown on La Jolla, Map 352 filed in the office of the County Recorder
of said County; having a latitude of 32 degrees 51’ 04”, and a
longitude of 117 degrees 16’ 20”, thence northeasterly to a point
having a latitude of 32 degrees 51’ 13” north and a longitude of 117
degrees 16’ 10” west, thence northerly to a point being the intersection
of longitude 117 degrees 16’ 15” west with the westerly prolongation
of the southerly line of Pueblo Lot 1298 as shown on the map of
Pueblo Lands of San Diego made by James Pascoe, known as
Miscellaneous Map No. 36 filed in the office of the County Recorder
of said County; thence easterly along said prolongation of the
southerly line of Pueblo Lot 1298 to the intersection with the Mean
High Tide Line; thence in a generally southerly direction along said
Mean High Tide Line to the point of beginning, as established by
license agreement between The City of San Diego and the State of
California pursuant to Council Resolution No. R–253779, adopted
March 16, 1981.

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(2) As used herein, the terms “vessel” or “boat” are as defined in Harbors
and Navigation Code section 651 and shall include motorized and
non–motorized craft, including wind surfers, but shall exclude surf
boards and paddle boards.

(b) Except as provided herein, no person shall operate a vessel or boat at a speed in excess of 5 nautical miles per hour within any area marked by buoys or markers which are moored along the perimeter, or as close thereto as is practicable, or adjacent to that portion of the San Diego — La Jolla Park Ecological Reserve as shown on Document No. O–16857 on file in the office of the City Clerk, which is hereby designated a restricted area pursuant to Harbors and Navigation Code section 660 and described as follows:

Beginning at Point “97” on Alligator Head Point thence 1939.69 feet N 20
degrees 18’ 47.0” E, more or less, to Point “42” (Lambert Coordinates: N
252,279.844, E 1,686,757.560; Geodetic Coordinates 32 degrees 51’ 21.0”
North Latitude, 117 degrees 16’ 12.0” West Longitude), thence 2662.27 feet S
88 degrees 08’ 12.2” E, more or less, to Point “43” (Lambert Coordinates N
252,193.281, E 1,689,418.425; Geodetic Coordinates 32 degrees 51’ 20.4”
North Latitude, 117 degrees 15’ 40.8” West Longitude), thence 125 feet N 30
degrees 0’ 00” E, more or less, to Point “44” (Lambert Coordinates N
252,301.534, E 1,689,480.925; Geodetic Coordinates 32 degrees 51’ 21.47”
North Latitude, 117 degrees 15’ 40.08” West Longitude), thence 3028.48 feet
N 10 degrees 24’ 55.6” E, more or less, to Point “45” (Lambert Coordinates N
255,280.115 E 1,690,028.427; Geodetic Coordinates 32 degrees 51’ 51.0”
North Latitude, 117 degrees 15’ 34.0” West Longitude), thence 1741.11 feet S
81 degrees 24’ 29.1” E, more or less, to Point “82” (Lambert Coordinates N
255,020.000 E 1,691,750.000; Geodetic Coordinates 32 degrees 51’ 48.59”
North Latitude, 117 degrees 15’ 13.78” West Longitude), thence generally
southerly and westerly following the Mean High Tide Line to point of
beginning.

(c) Except as provided herein, no person shall use or operate a vessel or boat
within an area marked by buoys or markers which are moored within that
portion of the San Diego — La Jolla Park Ecological Reserve, or as close
thereto as is practicable, as shown on Document No. OO–16857 on file in the
office of the City Clerk, which is hereby designated a special use area
pursuant to Harbors and Navigation Code section 660 and described as
follows:

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Beginning at Point “97” on Alligator Head Point, thence 2771.67 feet N 59
degrees 29’ 31.1” E, more or less, to Point “90” (Lambert Coordinates: N
251,867.843 E 1,688,472.153; Geodetic Coordinates: 32 degrees 51’ 17.09”
North Latitude, 117 degrees 15’ 51.85” West Longitude), thence 400 feet S 30
degrees 30’ 28.9” E, more or less, to Point “91” (Lambert Coordinates: N
251,523.220 E 1,688,675.217; Geodetic Coordinates: 32 degrees 51’ 13.70”
North Latitude, 117 degrees 15’ 49.43” West Longitude), thence 2450 feet S
59 degrees 29’ 31.1” W, more or less, to Point “99” (Lambert Coordinates: N
250,279.455 E 1,686,564.399; Geodetic Coordinates: 32 degrees 51’ 01.2”
North Latitude, 117 degrees 16’ 14.0” West Longitude), thence generally
southerly and westerly following the Mean High Tide Line to point of
beginning.

(d) The provisions of subsections (b) or (c) shall not apply to any vessel or boat
used or operated by or under the authority of any governmental agency nor
during emergency use or operation affecting life or property.

(e) The City Manager may promulgate any additional rules and regulations
necessary and consistent with these provisions regulating or limiting the use
of boats, vessels, surf boards or paddle boards within the San Diego — La
Jolla Underwater Park Ecological Reserve designated herein.

(f) The City Manager shall cause appropriate buoys or markers to be moored to
mark the perimeters of the special use and restricted areas hereby designated,
or as close thereto as shall be practicable. Between October 1st and April 30th
of each year, the City Manager is further authorized to reduce the size of the
boating prohibited zone established in subsection c by removing buoys or
markers as may be appropriate to accommodate seasonal demands.
(Amended 10–2–1989 by O–17350 N.S.)

(a) From and after the effective date of this measure, the Mission Beach Park property owned by the City of San Diego shall be restricted to the following uses:

(1) Public park and recreation uses such as grass, picnic areas, public open
space, public parking, public recreation and meeting facilities.
Expressly excluded are retail and commercial uses except within a
historically rehabilitated Plunge Building which would serve park and
beach visitors, such as restaurants, fitness center and the like.

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(2) Historical preservation uses, such as preservation and rehabilitation of
the historic Plunge Building, Roller Rink Building and Roller Coaster
where economically feasible.

(3) Incidental and related uses to those uses authorized by (a) and (b)
above provided such incidental and related uses are clearly
subordinate to the authorized uses and are minor in nature.

(b) Immediately following the effective date of this measure, the City Council
shall initiate a program to carry out the provisions of this measure by
amending the appropriate planning and zoning documents applicable to the
Mission Beach Park property so that they are consistent with this measure.
This program shall include, as necessary, amendments to the Progress Guide
and General Plan, Mission Beach Local Coastal Program, Mission Beach
Planned District Ordinance, Mission Beach Precise Plan, and all applicable
City Zoning Ordinances.

(c) Definitions. For purposes of this Initiative measure, the following words and
phrases shall have the following meanings:

(1) “Mission Beach Park” shall mean that real property together with
fixtures and appurtenances owned by the City of San Diego and
generally described as follows:

Pueblo lands — Portion of lot 1803 West of Mission Boulevard, South
of Ventura Place, North of San Fernando Place and East of Ocean
Front Walk.

(2) “Effective date” means the date upon which this measure is enacted by
the City Council, or the date upon which it is approved by the voters,
whichever occurs first.

(d) Implementation. The City Council, City Planning Commission, and City staff are hereby directed to take any and all actions necessary under this Initiative measure, including but not limited to adoption and implementation of any amendments to the Progress Guide and General Plan, Mission Beach Local Coastal Program, Mission Beach Planned District Ordinance, Mission Beach Precise Plan, all applicable City Zoning Ordinances, or City Code, reasonably necessary to carry out the intent and purpose of this Initiative measure. Said actions shall be carried out forthwith.

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(e) Guidelines. The City Council may adopt reasonable guidelines to implement
this Initiative measure following notice and public hearing, provided that any
such guidelines shall be consistent with the intent and purpose of this
measure.

(f) Exemptions for Certain Projects. This measure shall apply to all proposed
development or redevelopment of Mission Beach Park except a development
or redevelopment proposal which has obtained a “vested right” as of the
effective date of this measure. For purposes of this measure, a “vested right”
shall have been obtained only if each of the following criteria is met:

(1) The project has received its final discretionary approval; and

(2) Substantial expenditures have been incurred in good faith reliance on
the final discretionary approval; and

(3) Substantial construction has been performed on the property in good
faith reliance on the final discretionary approval.

The “substantiality” of the expenditures incurred and of construction
performed and the question of whether or not such expenditures and
construction were in “good faith” are questions of fact to be
determined on a case by case basis by the City Council following
application by the landowner or developer and upon notice to the
interested public, and following public hearing.

(g) Amendment or Repeal. This measure may be amended or repealed only by a
majority of the voters voting at an election thereon.

(h) Severability. If a section, subsection, sentence, phrase, clause, or portion of this Initiative is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Initiative. It is hereby declared that this Initiative and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portion be declared invalid or unconstitutional. (Addition of Sec. 63.50 approved on 7–28–1987 by O–16914 N.S. and voter approved 11–3–1987.)

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Article 3: Public Parks, Playgrounds, Beaches, Tidelands and other Property