HomeMy WebLinkAboutCC AG PKT 2005-04-11 #Q W f
AGENDA REPORT
Date: April 11, 2005
TO: Mayor and Members of the City Council
ATTENTION: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Second Reading - Ordinance No. 1533 Regarding Amending
Various Chapters of the Seal Beach Municipal Code (2004
Edition)
SUMMARY OF REQUEST:
Council to hold second reading and adopt Ordinance No. 1533 approving amendments to various
chapters of the Seal Beach Municipal Code (2004 Edition).
BACKGROUND:
Council considered this matter at their March 14, 2005 meeting and introduced Ordinance No.
1533. It is now appropriate to hold 2 reading for adoption of the ordinance.
FISCAL IMPACT:
No impact.
RECOMMENDATION:
Upon motion of the consent calendar, .Council hold second reading and adopt Ordinance No.
1533, An Ordinance of the City of Seal Beach Amending Various Chapters of the City of Seal
Beach Municipal Code (2004 Edition).
AGENDA ITEM Q
Z:\My Documents \ORD\2004 Muni Code Revision Ordinance.2nd Reading .CCSR.03- 15- 05.doc\LW\02 -15 -05
Adoption of Ordinance No. 1533 re: Various Amendments to Chapters of
Seal Beach Municipal Code (2004 Edition)
City Council Staff Report
April 11, 2005
NOTED A 'r r PPROVED: ,
1
/ (
y �.
Cll�L _ i / 1
- Whitten • erg John ' : , orski
D irector of Development Service City )/anager
Attachment: Ordinance No. 1533, An Ordinance of the City of Seal Beach Amending Various
Chapters of the City of Seal Beach Municipal Code (2004 Edition)
2004 Muni Code Revision Ordinance.2nd Reading.CCSR.03 -15 -05 2
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING VARIOUS CHAPTERS OF
THE CITY OF SEAL BEACH MUNICIPAL
CODE (2004 EDITION)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN,
AS FOLLOWS:
Section 1. The City Council adopted Ordinance Number 1515 on April 24,
2004. Ordinance Number 1515 adopted by reference Titles 1 through 9 of the Seal Beach
Municipal Code (2004 Edition).
Section 2. The City has determined that certain amendments are necessary to
maintain the purpose and intent of the adopted Titles 1 through 9 and to reflect changes
necessary to comport with recent state and federal law changes and to clarify inconsistent
and unclear language.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA, DOES HEREBY DECLARE, ORDER AND
ORDAIN AS FOLLOWS:
Section 3. Subsection B of Section 4.35.050 ( "Tax Administrator
Determination ") and Section 4.35.055 ( "Appeal ") of Chapter 4.35 ( "Transient Occupancy
Tax ") of Title 4 ( "Revenue and Finance ") of the Seal Beach Municipal Code are hereby
amended to read as follows:
"B. The tax administrator shall provide notice of the assessment to the
operator. An operator may within 10 days after the service of notice request
a hearing with the tax administrator. If the operator fails to file a timely
request, the tax, interest and penalties, if any, determined by the tax
administrator shall become final and conclusive and immediately due and
payable. If a request is timely filed, the tax administrator shall provide not
less than 5 days written notice to the operator of a hearing to show cause at a
time and place fixed in such notice. At such hearing, the operator may
appear and offer evidence contesting the assessment, or any portion thereof.
After such hearing the tax administrator shall determine the proper tax to be
remitted and shall thereafter give written notice to the person of such
determination and the amount of tax, interest and penalties. The operator
shall pay such amount within 15 days unless an appeal of the tax
administrator's determination is appealed as provided in this chapter."
2005 Muni Code Revision Ordinance.03 -07 -05
Ordinance Number 1533
2005 Revisions to Municipal Code
April / /, 2005
"Section 4.35.055 Appeal.
An operator may appeal the determination made pursuant to Section
4.30.050 by filing a notice of appeal with the city clerk within 10 days of the service
of the determination. The city clerk shall fix a time and place for a hearing before
the city council, and provide written notice to the operator at least 5 days before the
hearing. After the hearing, the city council shall issue its decision and findings. The
decision and findings of the city council shall be final and conclusive. The city shall
provide written notice to the operator of the council's decision and findings within
10 days of the decision. Any amount assessed shall be immediately due and payable
upon the service of notice."
Section 4. Paragraph 13 of Subsection A of Section 5.10.025 ( "Tax Rate
Schedules") of Chapter 5.10 ( "Business License Tax ") of Title 5 ( "Business Licenses and
Regulations ") of the Seal Beach Municipal Code is hereby amended to read as follows:
"13. Commercial /industrial rental of three or more units."
Section 5. Subsection E of Section 5.10.025 ( "Tax Rate Schedules ") of
Chapter 5.10 ( "Business License Tax ") of Title 5 ( "Business Licenses and Regulations ")
of the Seal Beach Municipal Code is hereby renumbered as Subsection F.
Section 6. A new Subsection E is hereby added to Section 5.10.025 ( "Tax
Rate Schedules ") of Chapter 5.10 ( "Business License Tax ") of Title 5 ( "Business
Licenses and Regulations ") of the Seal Beach Municipal Code to read as follows:
"E. All persons engaged in the business of commercial /industrial
rentals of no more than two units shall pay an annual business
license tax that is one -half the amount of the annual business
license tax for commercial /industrial rentals of three or more
units."
Section 7. Subsection F of Section 5.10.025 ( "Tax Rate Schedules ") of
Chapter 5.10 ( "Business License Tax ") of Title 5 ( "Business Licenses and Regulations ")
of the Seal Beach Municipal Code is hereby amended to read as follows:
"F. All persons 65 and over engaged in any home occupation, as that
term is defined in the zoning ordinance, shall pay an annual flat
rate tax of $50, provided that the annual income derived from such
home occupation does not exceed $10,000 in any calendar year. In
order to qualify for this reduced rate, licensees shall submit a copy
of their most recent tax return to substantiate that the annual
income derived from the home occupation does not exceed
$10,000 per year."
2005 Muni Code Revision Ordinance.03 -07 -05 2
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
Section 8. A new Subsection G is hereby added to Section 5.10.025 ( "Tax
Rate Schedules ") of Chapter 5.10 ( "Business License Tax ") of Title 5 ( "Business
Licenses and Regulations ") of the Seal Beach Municipal Code to read as follows:
"G. All persons who qualify as "disabled" under the Americans With
Disabilities Act, the Social Security Act, or the California Fair
Employment & Housing Act, who receive subsidies from
government or nonprofit entities because of their disability, and
who are engaged in any home occupation, as that term is defined in
the zoning ordinance, shall pay an annual flat rate tax of $50,
provided that the annual income derived from such home
occupation does not exceed $10,000 in any calendar year. In order
to qualify for this reduced rate, licensees shall submit a copy of
their most recent tax return to substantiate that the annual income
derived from the home occupation does not exceed $10,000 per
year, as well as a letter from a licensed physician certifying to their
disabled status.
Section 9. Section 5.10.030 ( "Annual Adjustment ") of Chapter 5.10
( "Business License Tax ") of Title 5 ( "Business Licenses and Regulations ") of the Seal
Beach Municipal Code is hereby amended to read as follows:
"The business license tax amount set forth in this chapter, for all
businesses other than those based on gross receipt taxes, may be adjusted
annually on July 1st of each year in accordance with the increase in the
Consumer Price Index, at the discretion of the city council. For purposes
of this chapter, "Consumer Price Index" means the revised consumer price
index for All Urban Consumers, Los Angeles -Long Beach - Anaheim, 1967
= 100, as prepared by the Bureau of Labor Statistics of the United States
Department of Labor, or if any such agency shall cease to prepare such an
index, then any comparable index covering the Los Angeles and Orange
County areas prepared by any other federal or state agency that is
approved by the city council."
Section 10. Paragraph 4 of Subsection A of Section 5.10.040 ( "Exemptions ")
of Chapter 5.10 ( "Business License Tax ") of Title 5 ( "Business Licenses and
Regulations ") of the Seal Beach Municipal Code is amended to read as follows:
"4. Disabled veterans, pursuant to Business and Professions Code
Sections 16001 or 16001.5."
Section 11. Paragraph 1 of Subsection G of Section 5.15.010 ( "Definitions ") of
Chapter 5.15 ( "Adult Entertainment ") of Title 5 ( "Business Licenses and Regulations "),
of the Seal Beach Municipal Code is amended to read as follows:
2005 Muni Code Revision Ordinance.03 -07 -05 3
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
"1. The showing of human genitals, pubic area, anus or cleft of the
buttocks with less than a fully opaque covering."
Section 12. Sub- section 1.c of Subsection L ( "Free Service for Noncompliance ")
of Section 6.10.030 ( "Cable Television Franchise — Consumer Protection and Service
Standards ") of Chapter 6.10 ( "Cable, Video and Telecommunications ") of Title 6
( "Franchises ") of the Seal Beach Municipal Code is amended to read as follows:
"c. Response time for system outages and inferior signal quality as set
forth in Section 6.10.030.B, Service Standards."
Section 13. Section 7.05.035 ( "Cat or Dog License ") of Chapter 7.05
( "Animals ") of Title 7 ( "Public Peace, Morals and Welfare ") of the Seal Beach Municipal
Code is amended to eliminate all references to "cat ", and is further amended to read as
follows:
"§ 7.05.035 Dog License.
A. No person shall keep a dog over 4 months of age without
maintaining a current license from the animal control officer. The fee for
a license shall be established by city council resolution.
B. A metallic license tag and certificate with corresponding
numbers shall be furnished by the animal control officer upon payment of
the license fee. The animal control officer shall keep records of each
person to whom a license tag and license certificate is issued.
C. Each license shall expire on December 31st each year.
D. A dog license shall not be required for the following:
1. Seeing eye dogs.
2. Dogs honorably discharged from the armed forces.
3. Dogs kept by nonresidents traveling through the
city for a period of less than 30 days. Notwithstanding the foregoing, a
license shall be required for dogs that use a city dog park, unless the dog
has a valid license and has a license tag or tattoo issued by the jurisdiction
of the dog owner's primary place of residence.
4. Dogs temporarily brought into the city to participate
in an exhibition."
2005 Muni Code Revision Ordinance.03 -07 -05 4
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
Section 14. Subsection C of Section 7.05.120 ( "Dog Park ") of Chapter 7.05
( "Animals ") of Title 7 ( "Public Peace, Morals and Welfare ") of the Seal Beach Municipal
Code is revised to read as follows:
"C. A responsible adult may allow any dog that he or she chaperons to be
without leashes inside the fenced areas of the dog park. However, dogs must
wear leashes at all times the dogs are not inside the fenced areas."
Section 15. Subsection I of Section 7.05.120 ( "Dog Park ") of Chapter 7.05
( "Animals ") of Title 7 ( "Public Peace, Morals and Welfare ") of the Seal Beach Municipal
Code is revised to read as follows:
"I. No dog shall be permitted in the dog park unless it has received a
rabies vaccination within the last three years, and the effective period of
the vaccine has not elapsed."
Section 16. Subsection N of Section 7.05.120 ( "Dog Park ") of Chapter 7.05
( "Animals ") of Title 7 ( "Public Peace, Morals and Welfare ") of the Seal Beach Municipal
Code is revised to read as follows:
"N. In the event the City designates specific areas of the dog park for
dogs of certain sizes, a responsible adult shall not allow a dog to enter an
area of the park for dogs of a different size. If a responsible adult brings
dogs in different size category to the dog park, none of those dogs will be
allowed to enter the park unless each dog within a different size category is
accompanied by a chaperone for its designated specific area."
Section 17. Sub - section 1.a of Subsection A ( "Definitions ") of Section 7.20.035
( "Public Nudity ") of Chapter 7.20 ( "Miscellaneous Regulations ") of Title 7 ( "Public Peace,
Morals and Welfare ") of the Seal Beach Municipal Code is amended to read as follows:
"a. The showing of human genitals, pubic area, anus or cleft of the
buttocks with less than a fully opaque covering."
Section 18. Chapter 7.55 "Park Use Restrictions" is added to Title 7 ( "Public
Peace, Morals and Welfare ") of the Seal Beach Municipal Code to read as follows:
"Title 7
Chapter 7.55 Park Use Restrictions
§ 7.55.005 Park Use Provisions
Park use by the public may be regulated in accordance with City
Council adopted rules and regulations adopted by City Council resolution
2005 Muni Code Revision Ordinance.03 -07 -05 5
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
regarding reservations, responsibilities, permit requirements and grounds for
denial of permits.
§ 7.55.010 Park Use Restrictions
A. No person, other than authorized city staff, shall operate or
drive an automobile, motorcycle, truck, or other conveyance in a city park
except on the designated roads and parking areas.
B. No person shall wash or repair any automobile, motorcycle,
truck, or other conveyance in a city park except for law enforcement or
emergency purposes.
C. No person, other than fire officials or peace officers in the
discharge of their official duties, shall possess, carry or use any fireworks,
firearms, air guns, BB guns, bows and arrows, sling shots, knives, or other
weapons potentially harmful to wild life or to human safety.
D. No alcoholic beverages are to be sold or consumed at any
park or athletic facility.
E. The sale or rent, or the soliciting for sale or rent, of any
goods, equipment, merchandise, food, or beverages is prohibited except as
allowed by a special event permit in accordance with the provisions of
Chapter 7.50, Special Events.
F. No person shall drive, putt, or in any other fashion play or
practice golf on city park land or on city athletic field land.
G. No person shall fly engine - powered model airplanes on or
over city park land or city athletic field land.
H. No person shall suspend or attach to trees in a city park or a
city athletic field any object that could in any way damage or deface said tree
or trees."
Section 19. Sub - section 3 ( "Wheeled device ") of Subsection A ( "Definitions ") of
Section 8.05.040 ( "Wheeled Devices on Sidewalks ") of Title 8 ( "Vehicles and Traffic ") of
the Seal Beach Municipal Code is revised to read as follows:
"3. "Wheeled device ": a device propelled by wheels by human or
mechanical power. "Wheeled device" includes without limitation:
bicycles; roller skates; scooters; segways; and skateboards. "Wheeled
devices" does not include: cars, trucks and equivalent vehicles; baby
strollers; shopping carts utilized for transportation of goods; wheelchairs;
and motorized tricycles and motorized quadricycles utilized by persons
2005 Muni Code Revision Ordinance 03 -07 -05 6
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
otherwise unable to move about as pedestrians by reason of physical
disability."
Section 20. Section 9.05.110 ( "Storage on Shoreline ") of Chapter 9.05 ( "Beaches
and Piers ") of Title 9 ( "Public Property, Public Works and Building Regulations ") of the
Seal Beach Municipal Code is amended to read as follows:
"§ 9.05.110 Storage on Shoreline.
No person shall place or allow any abandoned vessel or other
material, garbage, refuse or timber or waste matter of any type whatsoever
to remain on beaches, piers, wharves, jetties, groins, bulkheads, seawalls,
floats or shoreline of any harbor. For purposes of this section, a vessel or
boat shall be deemed abandoned if it is found in a public place or in public
view in a state of disuse or disrepair or if it is found in any place without
authorization to be there."
Section 21. Sub - section C of Section 9.15.025 ( "Approval or Denial of
Excavation Permit ") of Chapter 9.15 ( "Street Excavations ") of Title 9 ( "Public Property,
Public Works and Building Regulations ") of the Seal Beach Municipal Code is revised to
read as follows:
"C. An excavation permit shall not be effective until the
permittee has paid the inspection fee, and has submitted proof of public
liability insurance and a surety bond in a form approved by the City
Attorney or deposit. The inspection fee amount shall be as set by city
council resolution; the amount of the insurance and surety bond or deposit
shall be as set by the director. A surety bond shall be submitted if the
director authorizes the permittee to resurface or repair the surface of the
city property to be affected by the excavation; otherwise a deposit shall be
submitted to cover the city's expense of performing the work."
Section 22. Sub - section II ( "Fraud and victimization ") of Section 9.45.025
( "Definitions ") of Chapter 9.45 ( "Floodplain Management ") of Title 9 ( "Public Property,
Public Works and Building Regulations ") of the Seal Beach Municipal Code is revised to
read as follows:
"II. "Fraud and victimization ": fraud on or victimization of the public.
In determining whether granting a variance would result in fraud or
victimization, the city council will consider the fact that every newly
constructed building adds to government responsibilities and remains a
part of the community for 50 to 100 years. Buildings that are permitted to
be constructed below the base flood elevation are subject during all those
years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those increased flood damages
2005 Muni Code Revision Ordinance.03 -07 -05 7
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2005 Revisions to Municipal Code
April 11, 2005
bring. In addition, future owners may purchase the property unaware that
it is subject to potential flood damage, and can be insured only at very
high flood insurance rates."
Section 23. Sub - section KK ( "Hardship ") of Section 9.45.025 ( "Definitions ") of
Chapter 9.45 ( "Floodplain Management ") of Title 9 ( "Public Property, Public Works and
Building Regulations ") of the Seal Beach Municipal Code is revised to read as follows:
"KK. "Hardship ": the exceptional hardship that would result from a
failure to grant the requested variance. The city council requires that the
property characteristics warranting a variance be exceptional, unusual, and
peculiar to the property involved. Mere economic or financial hardship
alone is not exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved through other means without granting a
variance, even if the alternative is more expensive, or requires the property
owner to build elsewhere or put the parcel to a different use than originally
intended."
Section 24. Sub - section 3.a. of Subsection A ( "Standards of Construction ") of
Section 9.45.040 ( "Flood Hazard Reduction Provisions ") of Chapter 9.45 ( "Floodplain
Management ") of Title 9 ( "Public Property, Public Works and Building Regulations ") of
the Seal Beach Municipal Code is amended to read as follows:
"a. Residential construction, new or substantial improvement, shall have
the lowest floor:"
Section 25. Sub - section 3.a.iii, second paragraph of Subsection A ( "Standards of
Construction ") of Section 9.45.040 ( "Flood Hazard Reduction Provisions ") of Chapter 9.45
( "Floodplain Management ") of Title 9 ( "Public Property, Public Works and Building
Regulations ") of the Seal Beach Municipal Code is amended to read as follows:
"Upon the completion of the structure, the elevation of the lowest
floor shall be certified by a registered professional engineer or surveyor,
and verified by the building inspector to be properly elevated. Such
certification and verification shall be provided to the floodplain
administrator."
Section 26. Sub - section 3.c. of Subsection A ( "Standards of Construction ") of
Section 9.45.040 ( "Flood Hazard Reduction Provisions ") of Chapter 9.45 ( "Floodplain
Management ") of Title 9 ( "Public Property, Public Works and Building Regulations ") of
the Seal Beach Municipal Code is amended to read as follows:
"c. All new construction and substantial improvement with fully
enclosed areas below the lowest floor (excluding basements) in non-
2005 Muni Code Revision Ordinance.03 -07 -05 8
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
residential structures that are usable solely for parking of vehicles,
building access or storage, and that are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwater. Designs for
meeting this requirement shall follow the guidelines in FEMA Technical
Bulletins TB 1 -93 and TB 7 -93, and must exceed either of the following
minimum criteria:"
Section 27. Sub- section 3 of Subsection G ( "Coastal High Hazard Areas ") of
Section 9.45.040 ( "Flood Hazard Reduction Provisions ") of Chapter 9.45 ( "Floodplain
Management ") of Title 9 ( "Public Property, Public Works and Building Regulations ") of
the Seal Beach Municipal Code is amended to read as follows:
"3. All new construction and substantial improvement shall have the
space below the lowest floor free of obstructions or constructed with
breakaway walls. Such enclosed space shall not be used for human
habitation and will be usable solely for parking of vehicles, building
access or storage. Subgrade enclosed areas are prohibited in residential
structures."
Section 28. Subsection J ( "Prohibition on Subgrade Areas for All Residential
Structures ") of Section 9.45.040 ( "Flood Hazard Reduction Provisions ") of Chapter 9.45
( "Floodplain Management ") of Title 9 ( "Public Property, Public Works and Building
Regulations ") of the Seal Beach Municipal Code is added to read as follows:
"J. Prohibition on Subgrade Areas for All Residential Structures. For all
residential structures in the City, all subgrade enclosed areas are prohibited
as they are considered to be basements. This prohibition includes below -
grade garages and storage areas."
Section 29. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional, such decision shall not affect the validity of the remaining portions of
this Ordinance or any part thereof. 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 thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2005.
2005 Muni Code Revision Ordinance.03 -07 -05 9
Ordinance Number 1533
2005 Revisions to Municipal Code
April 11, 2005
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, 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 thereof held on the day of
, 2005 and was passed, approved and adopted by the City Council
at a meeting thereof held on the day of , 2005 by the
following vote:
AYES: Councilmembers
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
2005 Muni Code Revision Ordinance.03 -07 -05 10