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Home My WebLink AboutCC AG PKT 2013-06-24 #B AGENDA STAFF REPORT DATE: June 24, 2013 TO: Honorable Mayor and Members of the City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: SEAL BEACH MUNICIPAL CODE PROVISION REGARDING ENCROACHMENTS ON THE BEACH (Deaton) BACKGROUND In April 2013, staff received a complaint regarding benches permanently erected on the beach along the southerly end of the City's coast line adjacent to Seal Way. Staff inspected the beach area and noticed that several benches were erected along the dry sand of the beach; and the majority of the benches were secured with above ground concrete footings, chains and commercial grade cable wires. (Refer to Attachment A.) Since staff was not able to identify who erected the benches, a courtesy notice (refer to Attachment B) was mailed on May 2, 2013 to the residents along Seal Way between the 1001 to 1639 block. In summary, the notice informed residents that the placement of benches, volleyball poles and net and similar recreational items were not permitted on a permanent basis and to remove such items within 7 days. Subsequently, staff received several emaiis and written correspondence from residents asking that the volleyball poles remain. Some residents have contacted the code enforcement staff and stated they will comply with the code provisions. At the May 13, 2013 City Council meeting, a number of residents spoke during oral communication asking City Council to allow the benches and volleyball poles to remain. As a result, the City Council requested staff to review the section of the Municipal Code that governs encroachments on the beach and return with a report. DISCUSSION §9.05.025(B) of the Seal Beach Municipal Code entitled "Encroachments" reads as follows: Agenda Item B "No person shall erect a permanent volleyball pole, table, fire ring, garden or any similar non temporary encroachment upon the beach without obtaining written authorization from the city manager." Staff contacted neighboring coastal cities to determine if they allow benches on the beach. The following table includes the cities contacted and their responses. Coastal Cities Survey Response Dana Point Does not allow encroachments on the beach Hermosa Beach Does not allow encroachments on the beach Laguna Beach Does not allow encroachments on the beach Long Beach Does not allow encroachments on the beach Newport Beach There is a certain part of the coastline still owned by the City and allows benches. However, in the remaining coastline area benches are not permitted. Currently, the Coastal Commission has issued citations to those residents in violation of the Coastal Act by placing benches and other permanent items in the sand. The Coastal Commission is requesting the City to address this matter. Manhattan Beach Does not allow encroachments on the beach but is I currently experiencing the same issue. Staff has preliminarily identified the following issues that might arise if the City amended the applicable Municipal Code regulations: 1) Effective management of encroachments would require a more formalized encroachment permitting process given that the number of encroachments would be potentially unlimited. 2) Standards would be necessary to determine what types of encroachments (by kind, location, and time) would be consistent with public safety and access to the beach. 3) Enforcement of the City's standards would become an ongoing concern to ensure that encroachments are maintained. 4) Permitting encroachments might be characterized as "development" for purposes of the Coastal Act (see Public Resources Code § 31106), which might trigger a requirement for coastal development permits. 5) Permitting encroachments might violate the Tidelands Lease Agreement between the City and the State Lands Commission. 6) City approved encroachments might require compliance with ADA (Americans with Disabilities Act) standards regarding handicap access. Page 2 CONCLUSION There are several practical and legal issues that should be analyzed before the City Council considers a Municipal Code amendment to existing regulations. If the City Council determines a Municipal Code amendment warrants further analysis, staff will coordinate with the City Attorney's office and return with a report to the Council at a later date. BNIITTED BY: NOTED AND APPROVED: Ji Basham, J' R City a ager Di ctor of Community Development Attachments: A. Photographs of benches along the beach via Seal Way B. Courtesy Notice Page 3 • f, 1 - r n rt Y'"S �: ,?.,�� 1�',r,41 j. ,^V� '1�1�` � 1 � -li� � 4 i �• tl •� �� , _`1�� r '�� .fir 1 -� + ♦ { ,, ;1� 1♦ NI'rl`�1 �,j .1 ' .'` �` /• ..` �1 .� � � IV" ` r •^�'C. w� Y.`� i 11 lo ' '� 1' y- dt� .��y ,' , '�.I�� ,�Y� �r�, •�,�'1�4� �1�� I:•,..i, 1 �OV.4�� .� Ilk �5' • r �1 ,�•wlC�'.r, IS /Y 1 r l Ix IV _ I � 7t r TV 00 4F 4 R .� 1 �� ' � � � �� . _ Y i - � i ��j 11. 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R� � 1i�1 .�� "• City Of Seal Beach, 211 8th Street Seal Beach, CA 90740 562-431-2527 NOTICE OF VOLUNTARY CODE COMPLIANCE—ENCROACHMENTS INTO PUBLIC BEACH Dear Resident, The City of Seal Beach is involved in a comprehensive effort to maintain and improve the character and aesthetic quality of our public beaches and public rights of way within the community by working with residents to ensure compliance with all City regulations. This letter serves as a request for voluntary compliance and a reminder of the Seal Beach Municipal Code relating to encroachments on the beach. A recent inspection of the beach along Seal Way revealed that permanent benches, tables, volleyball nets and similar items have been placed on the public beach. An excerpt of the Seal Beach Municipal Code relating to encroachments is provided below for your reference. Seal Beach Municipal Code Section 9.05.025.B: Encroachments. No person shall erect a permanent volleyball pole, table, fire ring, garden or any similar non-temporary encroachment upon the beach. As a reminder, all personal items must be removed from the public beach. Please remove the items within 7 days from the date of this letter. A follow-up inspection will be conducted and any remaining items left on the public beach will be relocated to the City Yard for pick up. If you have no personal items on the beach, please disregard this letter. If you have any questions regarding this letter, feel free to contact the Seal Beach Code Enforcement Division at 562-431-2527 x 1342. Will Chen Code Enforcement Officer DATE: May 2, 2013