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Home My WebLink AboutCC Ord 834 1971-02-01 I I, I ..... , ORDINANCE No..fii AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING A PARTIAL OPEN SPACE PLAN; ESTABLISHING AN "OPEN SPACE-WATER RECREATION" LAND USE ZONE (OS-WR ZONE); FIXING THE BOUND- ARIES OF SAID ZONE AND ENUMERATING THE USES PERMITTED THEREIN; PROVID- ING FOR THE CONSTRUCTION OF THIS ENACTMENT; PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF; AND DECLAR- ING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1, A doption of Partial Open Space Plan Recognizing that open space land and water is a limited and valuable re- source which must be conserved wherever possible, the City Council adopts this partial open space plan for the City of Seal Beach for the com- prehensive and long range preservationarnconservation of open space land and water within its jurisdiction under the provisions of Government Code Section 65563 by declaring those portions of the City of Seal Beach described as follows: That part and portion of the territorial limits and boundaries of the City of Seal Beach situated and lying seaward from the mean high tide line of the Pacific Ocean, and extending seaward from said line a distance of three (3) miles as shown in the Seal Beach Incor- poration by order of the Board of Supervisors of the County of Orange made October 25,1915, shall hereafter be and remain open space land and water and be and remain limited in use to public recreation, enjoyment of scenic beauty and conser- vation of natural resources, Section 2. Creation of "Open Space-Water Recreation" Land Use Zone An "Open Space-Water Recreation" land use zone (OS-WR Zone) is hereby created and established in the City of Seal Beach, Section 3, Boundaries of "Open Space-Water Recreation" Zone The boundaries of the Open Space-Water Recreation land use zone shall in- clude those portions of the City of Seal Beach described as follows: That part and portion of the territorial limits and boundaries of the City of Seal Beach situated and lying seaward from the mean high tide line of the Pacific Ocean, and extending seaward from said line a distance of three (3) miles as shown in the Seal Beach Incor- poration qy order of the Board of Supervisors of the County of Orange made October 25,1915. Section 4, Permitted Uses in Open Space-Water Recreation Zone The following uses, and none other, shall be permitted in the Open Space- Water Recreation zone: (a) Water sports and water oriented recreational activities including, but not limited to, swimming, surfboarding, paddleboarding, sailing, -1- I I I . Ordinance Number .. . . boating and sport fishing by members of general public, (b) Nothing herein shall be deemed to authorize or permit any per- son to engage in any water sport or water oriented recreational activity in violation of any provision of Chapter 4 Beaches and Piers (beginning with Section 4-1) of the Seal Beach City Code, Section 5. Penalties for Violation Every person, whether acting as principal, employer, agent. employee or otherwise, who violates any of the provisions of this Ordinance, or who authorizes, conducts, or allows any use or activity, not herein specc ifically permitted to be conducted or carried on within the Open Space- Water Recreation zone, shall be guilty of a misdemeanor, and upon con- viction thereof. shall be punished by a fine of not more than $500, 00 or by imprisonment for not more than six months, or by both such fine and imprisonment ,fe' 'Every person shall be deemed guilty of a separate offense for each day during any portion of which any such violation or prohibited use or activity is committed, continued, authorized, allowed or per!nitt~d to continue, Section 6. Construction To the extent of any inconsistency between them, the provisions of this Ordinance shall govern, prevail over and supercede any contrary or in- consistent provision or provisions of Section l5A-7 and Sections 17,1 thru 17.14 of the Seal Beach City Code and of Sections 300 thru 309 and 2100 thru 2115 of the Zoning Appendix of the Seal Beach City Code. Section 7, Severability If any section, subsection, sentence, clause, phras e, or portion of this Ordinance, or the application thereof to any person, firm. corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this Ordinance and each section, subsection. sentence, clause. phras e, or portion thereof, irrespective of the fact that anyone or more section, subsection. sentence, clause, phrase or portion be declared in- valid or unconstitutional. Section 8, Urgency and Immediate Effectiveness This Ordinance shall take effect and be in force immediately upon its adop- tion as an emergency ordinance and the facts constituting its urgency are as follows: The unprecedented actions of the 1970 California Legislature in establishing an Office of Planning and Research to prepare a Statewide Environmental Goals and Policy Report and in imposing deadlines within which all general laws cities in the state must adopt and incorporate open space elements and conservation elements as a part of their general plans emphasize and demonstrate the urgent need which exists for Seal Beach and other cities to cooperate with all county, regional and state agencies in dealing with the open space and recreational land crisis by identifying, developing and limiting the uses to be made of existing open space land and recreational land before such land is developed and exploited for commer- cial and economic purposes that threaten the local public health, natural resources and environmental quality, It appears further that any further or additional construction, building, use or operation of new buildings, improvements. oil wells or other structures within the boundaries of the open space-water recreation zone would prematurely and unnecessarily convert open space and recreational land into a private, commercial use -2- -. I I . . ' Ordinance ~umber~ . .- . '. . inconsistent with the environmental, recreational and open space needs of the citizens of Seal Beach and of the State of California, and that the immediate designation and preservation of the above described land as open space and recreational land promotes the health, safety and general welfare of the City of Seal Beach and of its citizens and inhabitants and protects the public interest in open space and recreational land, Section 9. Posting By City Clerk The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause the same to be posted as required by law. PASSED, APPROVED and ADOPTED this /.YIday of ~~ <p)~ , 197L. ......... -~~ - STA TE OF CA LIFORNIA ) ) ss. County of Orange ) I, Jerdys Weir, City Clerk of the City of Seal Beach, hereby certify that the foregoing Ordinance was adopted, passed and approved by the City COlJllcil of the City of Seal Beach at a me~ting thereof held on the /Jt- day ~.LL.~--,. ,197L, by the followmg vote: AYES: councilme~~h -. :L~J.",_....., ~"'.....( d.t..I-, NOES: Councilmen ~ ABSENT: VACANCY: Councilmen .....,.,.-...,. Councilmen tfJ..... ,. ~ ~. ~ I"'....s , ys ~lr, 1 y er~ ,r-r''II( r'" -. ,... ....-T" nr: Sf:Al , JE"'''''S 'v-='" ~IT{ f': ,,' . ,.- '~--~2' I'" 1 - ....1 ..._._,..,. --,".-- 1_' _....,' / BF.II'", c,-: .-:. ..-,- __ .,~ ''7~cF . _ ~'~'''''' :w..'. nf"\ ..tR....- .- - -'. . .- Ot~ .. - -- , ' .~"""""""("E . \-'t~ .........- .... r:,' 1"",--" r I 1'- .' '" ,,'J Af,D . ,.:>, ., .' . '.... .' I] , --, 'r. C"tft.~YlI NO ..,.., 7. C;\ I,',': ____.5--mDAY , '"/"-r-Yo-... ~ .L!7.;t/..._._....._.---:.-~. CITY CLERK -3-