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Home My WebLink AboutCC AG PKT 2006-09-11 #P . AGENDA REPORT DATE: - September 11,2006 TO: Honorable Mayor and'City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: Amendments to Municipal Code re: Regulating Number of . Animals at a Residence, Prohibiting Overnight Sleeping in Vehicles, Restricting Noise from Heating, Ventilation and Air Conditioning (HV AC) Equipment and Regulating Uses and Operations at the Seal Beach Tennis Center - Introduction of Ordinance . SUMMARY OF REQUEST: Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Regulating the Number of Animals at a Residence, Prohibiting Overnight Sleeping in Vehicles, Restricting Noise from Heating, Ventilation and Air Conditioning (HV AC) Equipment, and Regulating Uses and Operations of the Tennis Center. BACKGROUND: Staff has had an opportunity to work with the recently adopted Municipal Code and is proposing several amendments to address issues that have arisen in the community since adoption in 2004 of the revised Municipal Code. The proposed amendment s will accomplish the following actions: e o Add a new section 7.05.025 to Chapter 7.05 ("Animals") of Title 7; ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code to regulate the number of animals that can be kept at a residence. The current Code provisions do not explicitly state the number and types ofanim81s permitted to be kept at a residence. The Code defines "kennel" as "a building, enclosure. or premises wherein more than 4 dogs and cats (in any combination) over 4 months of age are kept." (Section 7.050.005.D). A similar definition is also set forth in the Zoning Code at Chapter 28, Article 2 ("Definitions"), Section 28-245. A "kennel" is not a permitted or conditionally permitted use in any of the residential zones of the Agenda Item -il- Z,IMy DocumcntslCity Cooncli\2006 Mumcipal Code Revision CC Staff Report docILW\08-31-06 . . . 2006 Municipal Code Amendment- Introduction o/Ordinance No. City Council Staff Report September II, 2006 City. The proposed regulation will comply with the provisions of keeping dogs and cats at a number less than would constitute a "kenner' and also specify that certain numbers of parakeets, other domestic birds, and certain types of reptiles can be kept at a residence in accordance with specified conditions. o Add a new Section 7.20.085 to Chapter 7.20 ("Miscellaneous Regulations") of Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code to prohibit sleeping in vehicles overnight. The City has received many complaints from residents, primarily within the coastal area of the community on this issue. o Amend Section 7.15.035 ("HVAC Equipment") of Chapter 7.15 ("Noise") of Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code is to establish exterior sound levels for such equipment citywide. The City has received many complaints from residents on this issue. Existing installations would be exempt from the proposed new standards. o Add A new Chapter 7.60 ("Tennis Center Regulations'') is hereby added to Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code to address several enforcement issues that the Police Department has been dealing with that are not adequately addressed under the existing provisions of the Municipal Code. The proposed language for each of these amendments is set forth within the proposed ordinance, provided as Attachment 1. . FISCAL IMPACT: None. RECOMMENDATION: Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Regulating the Number of Animals at a Residence, Prohibiting Overnight Sleeping in Vehicles, Restricting Noise from Heating, Ventilation and Air Conditioning (HV AC) Equipment, and Regulating Uses and Operations of the Tennis Center. NrrfPDAN67 . Bahorski, City Manager 2006 Municipal Code RevISIon CC Staft'Roport 2 . 2006 Municipal Code Amendment - Introduction of Ordinance No._ City Council Staff Report September 1I. 2006 Attachments: (1) Attachment 1: Ordinance No. , An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Regulating the Number of Animals at a Residence, Prohibiting Overnight Sleeping in Vehicles, Restricting Noise from Heating, Ventilation and Air Conditioning (HV AC) Equipment, and Regulating Uses and Operations of the Tennis Center . . 2006 Municipal Codc RcvlSioo CC SIaffRcport 3 . 2006 Municipal Code Amendment - Introduction of Ordinance No. _ City Council Staff Report September II. 2006 ATTACHMENT 1 ORDINANCE NO. . AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REGULATING THE NUMBER OF ANIMALS AT A RESIDENCE. PROHIBITING OVERNIGHT SLEEPING IN VEmCLES. RESTRICTING NOISE FROM HEATING, VENTILATION AND AIR CONDITIONING (HV AC) EQUIPMENT. AND REGULATING USES AND OPERATIONS OF THE TENNIS CENTER . . 2006 Municipal Code Revision CC Staft'Roport 4 . 2006 Municipal Code Amendment- Introduction o/Ordinance No. City Council Staff Report September II. 2006 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REGULATING THE NUMBER OF ANIMALS AT A RESIDENCE, PROHIBITING OVERNIGHT SLEEPING IN VEIDCLES, RESTRICTING NOISE FROM HEATING, VENTILATION AND AIR CONDITIONING (HV AC) EQUIPMENT, AND REGULATING USES AND OPERATIONS OF THE TENNIS CENTER THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: . Section 1. Section 7.05.025 of Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code is hereby amended to read as follows: "7.05.025 Animal Keeping. Where allowed by Chapter 28, Article 4, ("Residential Low Density Zone - 5000"), Section 28-400.A ("Permitted Uses"), animal keeping shall comply with the regulations of this Section. A. Type and number of animals allowed. The keeping of animals and poultry for non-commercial purposes shall be limited to the following number of animals. Any aninlal or number of aninlals other than the following shall be prohibited. 1. Four or less weaned cats and dogs in any combination; 2. Six parakeets, parrots, canaries, or similar birds kept indoors; and 3. Six reptiles (turtles, lizards or snakes and the like). B. Reptile Location requirements. Reptiles maintained on a property out of doors shall be kept in a fully enclosed structure located a minimum distance of 10 feet from any lot line, 50 feet from any dwelling unit, and 100 feet from any school, hospital, or similar institution." . 2006 MlDUCipal Code RcvisiOll.CC StaffRcport 5 . 2006 Municipal Code Amendment- Introduction of Ordinance No. City Council Staff Report September II, 2006 Section 2. Sections 7.05.025 through 7.05.120 are hereby renumbered to Sections 7.05.030 through 7.05.125. Section 3. A new Section 7.20.085 ("Sleeping in Vehicles Overnight Prohibited") is hereby added to Chapter 7.20 ("Miscellaneous Regulations") of Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code to read as follows: "Section 7.20.085 Sleeping in Vehicles Overnight Prohibited. No person shall sleep in any automobile, house trailer, camper, or other vehicle parked any place in the City on any public parking lot, public street, public alleyway or passageway between the hours of 9:00 PM and 9:00 AM the next day." Section 4. Section 7.15.035 ("HVAC Equipment") of Chapter 7.15 (''Noise'') of Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code is hereby amended to read as follows: "Section 7.15.035 BY AC Equipment . A. Building permits issued after October 25, 2006 for heating, venting and air conditioning ("HV AC'') equipment in or adjacent to residential areas sball be issued only when installations can be shown by computation, based on the sound rating of the proposed equipment, not to exceed an A-weighted exterior sound pressure level of 50 dBA; or not to exceed an A-weighted exterior sound pressure level of 55 dBA if installed with a timing device that will deactivate the equipment between the hours of 10 PM and 7 AM the next day. The method of computation used shall be that specified in the "Application of Sound Rating Levels of Outdoor Unitary Equipment," Standard 275, Air-Conditioning and Remgeration Institute, 1997 ed. or the latest revision thereof. B. In the event that HV AC equipment cannot meet the requirements set forth above, then the exterior noise limit for such equipment may be raised to 65 dBA, provided that the applicant obtains the prior written consent of all owners of nearby properties from which the exterior sound pressure level would exceed 55 dBA." Section 5. A new Chapter 7.60 ("Tennis Center Regulations") is hereby added to Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code to read as follows: . 2006 Municipal Code Revision.CC StalfReport 6 . 7.60.010 7.60.020 7.60.030 7.60.040 7.60.050 7.60.060 7.60.070 7.60.010 2006 Municipal Code Amendment- /l'Ilroduction of Ordinance No. City Council Stqff Report September 11, 2006 "Chapter 7.60 Tennis Center Regulations Dermitions Entering Tennis Center When Closed to Public Obstructions in Pathways Animals Prohibited Wheeled Devices Prohibited Parking Lot Restrictions Prohibited Conduct Definitions For purposes of this Chapter, the following words and phrases shall mean: A. "Tennis Center": the area generally located at 3900 Lampson Avenue, Seal Beach, California, commonly referred to as the Seal Beach Tennis Center. B. "Hours of Operation": the hours of operation established by the City Manager or his or her designee. . C. "Wheeled Device": a device propelled by wheels by human or mechanical power, including but not limited to bicycles, roller skates, scooters, Segways, and skateboards. "Wheeled Device" does not include cars, trucks, and other motor vehicles that may be legally driven on state roads; baby strollers; wheelchairs; and motorized tricycles and quadricycles assisting those with limited mobility. 7.60.20 Entering Tennis Center When Closed to Public A. It is unlawful for any person to enter upon or remain in any Tennis Center building, structure, room, yard, court, enclosure or other property, or any portion or area thereof, at any time before or after the Hours of Operation, or when such building, structure, room, yard, enclosure or other property, or any portion or area thereof, is locked, barred, closed, or otherwise shut off from the use of the public, except with the express consent of the Director of Parks and Recreation or his or her designee. B. This Section shall not apply to any duly authorized employee, agent or officer of the City of Seal Beach, when such employee, agent or officer is acting in the scope of his or her duties. . 7.60.030 Obstructions in Pathways. 2006 Muniolpal Cod. Rov..ion.CC SlaffReport 7 . 2006 Municipal Code Amendment- Introduction of Ordinance No. City Council Stqff Report September 11. 2006 It sha1l be unlawful for any persons to assemble, collect, or gather together in any Tennis Center walk, passageway, or pathway, or to occupy the same so that the free passage or use thereof by persons passing along the walk, passageway, or pathway is obstructed. 7.60.040 Animals Prohibited No person shall bring any animal, bird or reptile onto the premises of the Tennis Center, and no person owning or having charge, custody, care or control of any animal, bird or reptile shall allow the anima1 to be present at the Tennis. Center. The foregoing shall not apply to service anima1s assisting the disabled in accordance with state law. 7.60.050 Wheeled Devices Prohibited No person sha1l ride or operate a Wheeled Device on the Tennis Center premises, including the parking lot, if signs prohibiting such activity have been conspicuously posted at the main entrance. 7.60.060 Parking Lot Restrictions . A. It is unlawful to park or leave parked any vehicle in the Tennis Center parking lot between the hours of midnight and 4:00 AM. B. The speed limit for the Tennis Center parking lot shall be 10 miles per hour. 7.60.070 Prohibited Conduct It shall be unlawful for any person to do any of the following acts on the Tennis Center property: A. To climb, scale, perch, sit, or stand upon or tamper with any pole, lighting standard, wire, fence, wall building, or structure rooftop; B. To cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; C. To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer; . D. To indulge in riotous, boisterous, threatening or indecent conduct, or threatening or indecent language." 2006 Mumoipal Codo Rov"iOll.CC StaffRoport 8 . 2006 Municipal Code Amendment- Introduction of Ordinance No. City Council Staff Report September 11, 2006 Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of ,2006. Mayor CITY OF SEAL BEACH . ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, Califomia, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2006, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2006 by the following vote: . AYES: Councilmembers 2006 Municipal Cod. RevisIon CC StaffRoport 9 . 2006 Municipal Code Amendment- Introduction of Ordinance No. City Council Staff Report September 11. 2006 NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk . . 2006 Municipal Code Rcvision.CC Stafl'Rcport 10