HomeMy WebLinkAboutCC AG PKT 2013-07-22 #ODATE: July 22, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: MUNICIPAL CODE AMENDMENT (MCA) 13 -7 -
REGARDING ENCROACHMENTS
SUMMARY OF REQUEST:
That the City Council introduce Ordinance No. 1631 approving Municipal Code
Amendment 13 -7 amending Title 9, Chapter 9.05 regarding encroachments on
the beach.
BACKGROUND AND ANALYSIS:
At the meeting of June 24, 2013, the City Council instructed staff to bring back an
ordinance that permits the City installed volleyball poles to remain on the dry
sand of the beach and add provisions to allow benches and similar
encroachments on a temporary basis. Chapter 9.05.025 of the Municipal Code
currently prohibits certain encroachments onto the beach. The Ordinance
amendment would permit volleyball poles that have been erected by the City on
a permanent basis to remain and all other encroachments must be removed by
sunset of each day.
The City Council also discussed omitting the City Manager's authorization to
permit encroachments. Therefore, staff included both Sections A and B of
9.05.025 for consistency purposes relating to encroachments.
Section 9.05.025 of the Seal Beach Municipal Code entitled "Encroachments" is
amended as follows:
"A. No person shall erect upon the city beach an umbrella
or tent that h°+ attaGhed sidewall , unless written a••thGrizatio
has been obtained frGm the Gi*•i manager-. This pr-Ghibi Cfl�F
does is not apply to umbrellas or tents that are fully exposed
to public view on at least 2 sides.
Agenda Item 0
B. No person shall an -erect a permanent vGlleyball pol ,
table, fire ring, umbrella, bench, garden or any similar non
temporary encroachment upon the beach witheut ebtainin
written authedzatiGn ftm the rity manageF Temporary
encroachments shall be removed each day at sunset."
ENVIRONMENTAL IMPACT:
This ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq.,"CEQA") and CEQA regulations (14 California Code of Regulations §§
15000, et seq.) because it establishes rules and procedures to permit operation
of existing facilities; consists only of minor revisions and clarifications to existing
regulations and specification of procedures related thereto; and consists of
actions taken to assure the maintenance, protection and enhancement of the
environment. This ordinance, therefore, does not have the potential to cause
significant effects on the environment. Consequently, it is categorically exempt
from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and
15308, actions in compliance with the requirements of CEQA.
LEGAL ANALYSIS:
The City Attorney has reviewed the draft ordinance and approved it as to form.
ja I z F-jz m F-,l 0 11, 1
There is no immediate financial impact to the City as a result of the proposed
action.
That the City Council introduce Ordinance No. 1631 approving Municipal Code
Amendment 13-7 amending Title 9, Chapter 9.05 regarding encroachments on
the beach and direct staff to schedule a second reading of the same.
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r of Community Development
Attachments:
A. Ordinance No. 1631
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V4 MUM
R. Ingram, 6-ty
�1- - 0.
ORDINANCE NUMBER 1631
AN ORDINANCE OF THE CITY OFSEAL BEACH APPROVING
MUNICIPAL CODE AMENDMENT 13-7 REGARDING
ENCROACHMENTS
THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Municipal Code ka hereby amended by the addition thereto ofa
new Section Q.O5/0.025entitled "Encroachments" to read as follows:
"A. No person shall erect upon the city beach an umbrella mtent that
has attached sidewalls WRIess WFitten authorization has been
dGeeis not apply
to urn"'Fell fully exposed hz public view nnoi
least 2 sides.
B. No person shall **+-erect a permanent volleyball pole, hable, fire
hnQ. umbrella, bench, garden or any similar non temporary
encroachment upon the beach without obtaining WF*#en
shall be removed each day at sunset."
Section 2. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same oro summary thereof hube published and
posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at
regular meeting held on the ______ day of________,2O13.
Mayor
City Clerk
STATE OFCALIFORNIA }
COUNTY OFORANGE SS
CITY OF SEAL BEACH )
|. Linda Dovina, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the -221�1_ day nf-�b lL__-.2O13 and was passed, approved and adopted by
the City Council at a regular meeting held on the -day of 2013
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1f%31 i has been published
pursuant tn the Seal Beach City Charter and Resolution Number 2830.
City Clerk