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Home My WebLink AboutCC AG PKT 2006-09-25 #J e AGENDA ITEM "J" REVISEDAGENDA REPORT , DATE: September 25, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services ,. SUBJECT: ADOPTION OF ORDINANCE NO, 1551, AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO REGULATE ANIMALS, SLEEPING IN VEIDCLES, HEATING, VENTILATION AND AIR CONDITIONING (HVAC) EQUIPMENT, AND TENNIS CENTER USES AND OPERATIONS e SUMMARY OF REQUEST: Waive further reading and Adopt Ordinance No. 1551, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Regulate Animals, Sleeping in Vehicles, Heating, Ventilation and Air Conditioning (HVAC) Equipment, and Tennis Center Uses and Operations. BACKGROUND: The City Council considered this matter on September 11, 2006 and introduced the subject ordinance with a revision to Section 7.20.085 to include ''recreation vehicle." It is now !iPpropriate to adopt the subject ordinance, which has been revised to include the language regarding "recreation vehicle." The "revised ordinance" as provided as Attachment 1 has been formatted slightly different and reflects clerical and other insignificant revisions made by the City Attorney. FISCAL IMPACT: e None. Agenda Item Lf :l:\My DocumontslCity Council\Ordioanco ISSI Adoption (2006 Code Revislons).CC StalfRoportRovisod,doc\LW\09-2o-ll6 Revised City Council Stoff Report Adoption of Ordinance No. 1551 - Miscellaneous Municipal Code Revisions September 25, 2006 e RECOMMENDATION: Waive further reading and Adopt Ordinance No. 1551, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Regulate Animals, Sleeping in V chicles, Heating, Ventilation and Air Conditioning (HV AC) Equipment, and Tennis Center Uses and Operations. Whittenberg Director of Development Service Attachment: Ordinance No. 1551, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Regulate Animals, Sleeping in Vehicles, Heating, Ventilation and Air Conditioning (HV AC) Equipment, and Tennis Center Uses and Operations e e 2 Ordinance ISSI Adoption (2006 Code Revisions),CC StaffReport.Revised e ORDINANCE NO. 1551 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO REGULATE ANIMALS, SLEEPING IN VEHICLES, HEATING, VENTILATION AND AlR CONDITIONING (HV AC) EQUIPMENT, AND TENNIS CENTER USES AND OPERATIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. A new ~ 7.05.025 is hereby added to Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municioal Code to read as follows: "7.05.025 Animal Keeping. e A. In addition to complying with any restrictions set forth in the City's zoning regulations, no person shall keep any animals except a maximum of: 1. 4 weaned cats and dogs in any combination. 2. 6 parakeets, parrots, canaries, or similar domestic birds, 3. 6 reptiles (e.g., turtles,lizards or snakes, etc.). B. Reptiles maintained outside 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, park, religious establishment, hospital, or similar institution." Section 2. Existing ~ 7.05.025 is hereby renumbered as ~ 7.05.030, and each subsequent section in Chapter 7.05 is re-numbered with an incremental increase of .005. Section 3. Chapter 7.20 ("Miscellaneous Regulations'') of Title 7 ("Public Peace, Morals and Welfare") of the Seal Beach Municipal Code is hereby amended by adding ~ 7.20.085 to read as follows: , "Section 7.20.085 Sleeping in Vehicles Overnight Prohibited. e Z:\My DOCUJJIllntsIORD\2006 Municipal Colle Rovisions,IXlC\LWI09-20-% Ordinance No. 1551 2006 Municipal Code Amendments September 25, 2006 No person shall sleep in any automobile, recreational vehicle, house 1rai1er, camper, or other vehicle parked on any public parking lot, public street, public alleyway or passageway between the hours of9:00 p.rn. and 9:00 am," e Section 4. fi 7.15.035 of Chapter 7.15 ("Noise") ofTitle 7 ("Public Peace, Morals and Welfare'') of the Seal Beach MuniciDal Code is hereby amended to read as foIlows: "Section 7.15.035 HV AC Equipment A. No building permit shall be issued for the installation of heating, venting and air conditioning e'HV AC'') equipment in or adjacent to residential areas if the noise produced by the HV AC equipment exceeds an A- weighfed exterior sound pressure level of 50 dBA. The method of computation used sha1l be that specified in the "Application of Sound Rating Levels of Outdoor Unitary Equipment," Standard 275, Air-Conditioning and Refrigeration Institute, 1997 cd. or the latest revision thereof. B, Notwithstantl.ng Subsection A, a building permit may be issued for the installation of: 1. HV AC equipment containing a timing device deactivating the HV AC equipment between the hours of 10 p.m. and 7 am. provided the noise produced by the HV AC equipment does not exceed an A- weighted exterior sound pressure level of 55 dBA. e 2. HV AC equipment generating noise that does not exceed an A-weighted exterior sound pressure level of 65 dBA, provided that the applicant obtains the prior written consent of the owner of each property where the exterior sound pressure level would exceed 55 dBA." Section 5. The table of contents to Title 7 ("Public Peace, Morals and Welfare'') of the Seal Beach MuniciDal Code is hereby amended by adding thereto a new Chapter 7.60 ("Tennis Center Regulations'') to read as foIlows: "Chapter 7.60 Tennis Center Regulations 7.60.005 7.60.010 7.60.015 7.60.020 7.60.025 7.60.030 7.60.035 Definitions Entering Tennis Center Wnen Closed to Public Obstructions in Pathways Animals Prohibited Wheeled Devices Prohibited Parking Lot Restrictions Prohibited Conduct" e 2006 Municipal Code Revisions 2 Ordinance No. 1551 2006 Municipal Code Amendments September 25, 2006 e Section 6. A new Chapter 7.60 (''Tennis Center Regulations") is hereby added to Title 7 ("Public Peace, MoraIs and Welfare'') of the Seal Beach MuniciDaI Code to read as follows: 7.60.05 Definitions. For purposes of this chapter, the following words and phrases shall mean: A. "Tennis Center": the property located at 3900 Lampson Avenue, commonly referred to as the Seal Beach Tennis Center. B. "Hours of Operation": the hours of operation established by the City Manager or designee thereof. e 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, tnJcks, and other motor vehicles that may be legally driven on state roads; baby strollers; wheelchairs; and motorized tricycles and quadricycIes assisting those with limited mobility. 7.60.010 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 designee thereof. 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. 7.60.015 Obstructions in Pathways, e It shall 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 thereofby persons passing along the walk, passageway, or pathway is obstructed. 2006 Municipal Code Rovisi.... 3 Ordinance No. 1551 2006 Municipal Code Amendments September 25, 2006 7.60.020 Animals Prohibited. e No person shalI bring any animal, as defined in Section 7.05.005 of this Code, onto the Tennis Center property, and no person owning or having care, charge, control, custody, or possession of any animal shall allow the animal on the Tennis Center ~erty. The foregoing shalI not apply to service animals assisting the disabled in accordance with state law. 7.60.025 Wheeled Devices Prohibited. No person shaH ride or operate a Wheeled Device on the Tennis Center property, including the parking lot, if signs prohibiting such activity have been conspicuously posted at the main entrance. 7.60.030 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 shal1 be 10 miles per hour. 7.60.035 Prohibited Conduct. e It shalI be unlawful for any person to do any of the foHowing 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." Section 7. If any section, subsection, paragraph, sentence, clause or phrase hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase hereof: irrespective of the fact that anyone e or more sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid. 2006 Municipal Code RovIsion.s 4 e e e OrdinanceNo.1551 2006 Mrmicipal Code Amendments September 25. 2006 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 ATI'EST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, Cali(omia, 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 passe<I; approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of . 2006 by the followiIig vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members 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 Mmticipal Code Revisions 5