HomeMy WebLinkAboutCode Amendment 76-11 - Ordinance 2113 - Section 9730.21 - Ho o
.O � � � ll OF HURUMG70n BEWQW
�d DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES
P. O. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 714) 536-5271
TO: Honorable Mayor and City Council
FROM: Planning Department
DATE: October 6, 1976
ATTN: Floyd G. Belsi to, City Administrator
RE: Code Amendment No. 76-11 "Swim-wing Instruction Permitted"
At its meeting of September 7, 1976, the City Council held and closed the public hearing
on Code Amendment No. 76-11. The proposed amendment will allow swimming instruction as
the only home occupation permissible outdoors and is an amendment to the home occupation
provisions of the Ordinance Code.
At the public hearing, questions were raised regarding the City's liability when issuing
a permit for a home occupation such as swimming instruction and whether the proposed
liability minimum was adequate. The matter was referred back to staff pending investiga-
tion of these questions.
Research by the City Attorney's staff indicates that the City never becomes exposed to
liability by the mere issuance of a permit. However, the City may require evidence of
liability insurance to protect the general public in an area regulated by its ordinances.
Additional provisions in an applicant's liability insurance policy are not necessary for
the protection of the City for the issuance of a home occupation permit. Investigation
of the liability requirement for the protection of the swim instructors indicates that
while the $25,000 minimum will provide some protection,$100,000 is 'generally considered
more adequate. Therefore, staff has amended proposed Code Amendment No. 76-11 to require
the applicant for a home occupation permit for swimming instruction to provide evidence
of liability insurance in the minimum amount of $100,000. `
Attached are copies of the Attorney's Opinion and Code Amendment No. 76-11 as amended to
increase the liability insurance requirement from $25,000 to $100,000.
Recommendation:
Staff recommends approval of proposed Code Amendment No. 76-11.
Respectfully submit ed,
r
�PdhSeli
Acting Director
EDS:DBA:s
attachments: Memorandum Opinion, September 23, 1976
Code Amencbpat No. 76-11
.�.� a
i
September 23, 1976
TO : Mayor and Members of the City Council
City Administrator V
FROM: James Georges, Deputy City Attorney
SUBJECT: Home Occupation Permit - City Liability
MEMORANDUM OPINION
The following question has been raised pertaining to home
occupancy permits :
Does the City become exposed to public liability
when the City issues a home occupancy permit for
swimming instructions in mobile home park pools
and homeowner swimming pools in R-1, R-2 , R-3 and
R—U districts?
The City never becomes exposed to liability by the mere
issuance of a permit . It takes an active or passive negli-
gent act by a city employee to subject the City to liability,
however, the City may require evidence of liability
insurance to protect the general public in an area regulated
by ordinance . Additional insured and hold harmless provisions
in the liability insurance policy for the protection of the
City are not required for the mere issuance of a home occu-
pation permit for swimming instructions .
City is ' immune from liability for erroneous or negligent
issuance of building permit . California Government Code
Section 818 . 4 . Friedman v. City of Los Angeles , 1975
App, 125 Cal Rptr 93 •
Issuance .of building permits does not render the public
entity liable . A permit serves a number of purposes for a
municipality, such as assurance of zoning compliance, but it
does not make , a municipality an insurer that the permittee
complies with all applicable regulations, nor does it render
the municipality linable for the permittee ' s negligence.
Breiner v. S & P Ilome Builders, 536 F . 2d 27 (19,(6 ) .
spectfully .submi ted,
JAMES GEORGE` APPROVED :
Deputy City Attorney
JG: cs
DON P. BONFA
City Attorney
a
r
Don P. Bo fa,
To City !attorney Date 9/8/76
AGENDA ITEM! E-2f-y-Hffi�M OCCUPATIONS
The ri ty epunci 9 requested the rity Attarney' s
Of-°firn to 'nyastigate the ammint of liability_;
that should be imposed on the property to
guarza- +t-ee that the city would not he liable
because we had granted the ipermi t for the
home occupation T woul i i i'fie t1ii g r,-:pnr
in time for transmittal to the Council for Its
regu ar meeting of 9/20/76.
Signed
Floyd C. Belsitro,
City Advinistrator
Date Signed
Redif?I'm
45 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT.
Poly Pak l50 sets)4P465 PART 3 WILL BE RETURNED WITH REPLY.
�lffiaavit ®f Pvb ati®n
State of California j.
County of Orange ss
City of Huntington Beach
George Farquhar, being duly sworn on oath, says: That he is a v
citizen of the United States, over the age of twenty-one years. ;
That he is the printer and publisher of the Huntington Beacham"
News, a weekly newspaper of general circulation printed and pub-
fished in Huntington Beach, California and circulated in the said !i
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide
subscription list of paying subscribers, and said paper has been
established, printed and published in the State of California, and
County of Orange, for at least one year next before the publication
of the first insertion of this notice; and the said newspaper is not
devoted to the interest of, or published for the entertainment of any
particular class, profession, 'trade, calling, race or denomination, or
any number thereof. Published Huntington Beach News, Aug.
The Huntington Beach New was adjudicated a legal newspaper ?2, 1976..
of general circulation by Judge G. K. Scovel in the Superior Court NOTICE OF IUMEhT HEARING '
76-*11
of Orange Count California August 27th, 1937 b order No. A-5931. cooE AMENFS Y GI NO.that
Y, Y NOTICE IS HEREBY GIVEN that a pub
(ic hearing nill be held by the City
CODE AMENDMENT NO, 76-11 ;ounc;l of the city G; be, o Huntington Be Civi.
ic
Thatthe r, the Council Chamber of the Civic
Center, Huntington Beach; at the hotr
of 7:00 P.M., or as soon thereafter as
cr,ssible, on Tuesday; the 7th day, of
of which the annexed is a printed copy, was published in said news- .:ptember, 1976, for the purpose of
considering Code Amendment No. 76-11,
a •proposal as initated by the Planning
0118 issue Department, to amend Section 9730.21 o`
paper at least the Ordinance Code (Home Occupations)
to allow. swimming instruction as a
permissible home occupation.
commencing from the 12th day of August -A copy of the proposed Code Amend-
men is on file in the Planning Depart-
ment.
19f and ending on the 12th day of August All interested persons are invited tc
a,tend said hearing and express their,
o,.iinions for or, against said Proposed
nZ 19s_ both days inclusive and as often during said period and Code Amendment 76-11..
Y � .Further information may be -obtained
times of publication as said paper was regularly issued, and in the from the Office of the City Clerk.
regular and entire issue of said pewspaper proper, and not in a DATED: August 5, 1975.
supplement, and said notice was published therein on the following CITY OF HUNTINGTON BEACH
dates, to-Wit: By: Alicia M. Wentworth
-City Cletk
Aug. 12, 1976
_= Publisher
Subscribed and sworn to before me this �3th day of
August , 19__Z_6_.
-- 'Y✓Il 2-- /� 1<_ Notary Public
Orange County, California
- -
--------- --------r
THOMAS D. WYLLIE
I
Notary -CaliforniaPublic-California
i r Orange County
r " My Commission Expires
•"" September 12, 1978 It
City of Huntington Beach
County of ®range
State of California
Jf fidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
r .
Publish l/8/12/76
Poi tc ards None
NOTICE OF PUBLIC HwiNG
CODE AMENDMENT NO. 76-11
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach, in the Council
Chamber of the Civic Center, Huntington Beach, ,at the hour of
7:o P.M. , or as soon thereafter as possible, on Tuesday,
the 7th day of September 19 , for the ' purpose' of
considering Code Amendment No. 76-11, a proposal as initiated by the Planning
Department, to amend Section 9730.21 of the Ordinance Code (Home 'Occupations) to
allow swimming instruction as a permissible hone occupation.
A copy of the proposed Code Amendment is on file in the Planning Department.
All interested persons are invited to attend said bearing and
express their opinions for or against said Proposed Code Amendment 76-11.
Further inforoiationmay be obtained from the Office of the City
Clerk .
DATED-, August 5, 1916
CITY OF N BEACH
Alicia® M' . Wentworth
City Clerk
IV
Form N p In
Fork Planning CormAission
City Council
Meeting of
Legal Into. HB News by 7a
Transmittal to Administration
by 7
Comments:
Fv% p
Number of Excerpts f
Publish Once
LEGAL NOTICE4"o
NOTICE OF PUBLIC HEARING
PROPOSED CODE AMENDMENT NO. 76-11
NOTICE IS HEREBY GIVEN THAT a public hearing will be held by
the City Planning Commission of the City of Huntington Beach,
California, for the purpose of considering Code Amendment No. 76-11,
a proposal to amend Section 9730. 21 of the Ordinance' Code
(Home Occupations) to allow swimming instruction as a permissible-
home occupation.
A copy of the proposed Code Amendment is on file in the Planning
Department.
Said hearing will be held at the. hour of 7 : 00
on. July 20 , 1976 , in the Council Chamber of the Civic
Center, Huntington Beach, California, 2000 Main Street, Huntington
Beach, California.
All interested persons are invited to attend said hearing and express
their opinions for. or against the proposed Code Amendment No. 76-11
Further information may be obtained from the City Planning Department.
Telephone No. (714) 536-5271
DATED this 8th day of July, 1976
CITY PLANNING COMMISSION
By L•'i.4z '
Rich rd A. Harloe '
Secretary
Huntington Roach Planning Commission
P.O. BOX 190 CALIFORNIA 92646
TO: Honorable Mayor and City Council
FROM: Planning Commission
DATE: August 23, 1976
ATTN: Floyd G. Belsito, City Administrator
RE: CODE AMENDMENT NO. 76-11 "SWIMMING INSTRUCTION PERMITTED"
Attached is Code Amendment No. 76-11, a proposed amendment to the home
occupation provisions of the ordinance code. The Planning Commission
at its August 3 , 1976 regular meeting approved the proposed code amend-
ment.
The proposed amendment would allow swimming instruction as the only home
occupation permissible outdoors and no more than four persons would be
allowed to be taught at any one time. This provision is intended to main-
tain the passive characteristics of a residential neighborhood. Swimming
instruction would be the only home occupation which would require
notification of abutting property owners and a public hearing before the
Board of Zoning Adjustments under the proposed ordinance.
In addition, the ordinance contains provisions limiting vehicular traffic
associated with the use and bonding requirements to insure that swim
instructors are covered for accident liability.
PLANNING COMMISSION ACTION:
ON MOTION BY PARKINSON AND SECOND BY BOYLE, THE PLANNING COMMISSION
APPROVED PROPOSED CODE AMENDMENT NO. 76-11 BY THE FOLLOWING VOTE:
AYES: PARKINSON, BOYLE, SHEA; GIBSON, NEWMAN
NOES: SLATES
ABSENT: FINLEY
RECOMMENDATION:
The Planning Commission recommends approval of Code Amendment No. 76-11.
Respectfully submitted,
ZIJ h,� -a
Edward D. Selich,
Acting Secretary
EDS:gc
huntingt®n beach planning department
staff
remort
�.
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
DATE: August 3, 1976
RE: CODE AMENDMENT NO. 76-11
"Swimming Instruction Permitted"
SUGGESTED ACTION:
Approve Code Amendment No. 76-11
1. 0 BACKGROUND INFORMATION:
On July 27, 1976 , the Planning Commission reviewed proposed Code Amen&-
ment No. 76-11 "Swimming Instruction Permitted" at a public hearing.
It was the consensus of the Planning Commission to revise the code amend-
ment to include provisions for conducting a public hearing on swimming
pool instruction within the home in order to put adjacent property owners
on notice of the proposed use. The revised code amendment, attached here
to, incorporates such provisions for notification and public hearing.
The Commission also expressed a *concern to insure where swimming in-
struction is conducted in the home, the applicant has liability insurance
to cover injuries to students. This matter has also been incorporated
as a code revision.
The Commission inquired as to whether or not swimming instruction in the
home was required to be conducted by certified personnel. The staff has
researched this issue and has found that there are no federal, state, or
county requirements for certification of swim instructors. The staff
believes that it is not feasible for the City to enact a certification
requirement for swimming instruction for a home occupation because such
certification requirements and testing would have to be provided by the
City as there are no existing provisions available at any other govern-
mental level.
2 . 0 RECOMMENDATION:
The staff recommends approval of revised Code Amendment No. 76-11.
Past staff reports are attached for the Commission' s perusal.
DE:gc
Asbk
- WHITE-CITY ATTORNEY FlaCITY OF HUNTINGTON BEACH No.
BLUE-CITY CLERK _
GREEN-CITY ADMINISTRATOR
CANARY-DEPARTMENTAL Hu.n.,cro«er�r, REQUEST for ORDINANCE or RESOLUTION
Date Request made by Department
July 8, 1976 Dave Eadie,, senior Planner Planning Department
INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an Ordinance or Resolution is hereby requested:
Proposed Code Amendment No.....76.--11..
"Swimming Instruction Permitted`° _ _ . .
Please prepare an ordinance,..from, the, attached .d,raftm.,
This item has been set for. public, hearing before. the Planning
Commission on July 20, 19.76,, ..therefore, ,receipt, of. ,this ordinance. .
is requested on or before- July-..14-, 1976...._. ,. ._.:..
Desired effective date Signed: Approved as to availability of funds
Director of Finance
City Attorney—Please prepare ands it printed copies to this office by:
City Administrator
] PROPOSED CODE AMENDMENT NO. 76-11
2 Generally referred to as "Swimming
Instruction Permitted"
3
That the following changes are proposed to
4 the Huntington Beach Ordinance Code. The
intent being to permit swimming instruction
5, as a home occupation. Said changes shall
read as follows:
6 -------------------------------------------------------------------
REPEALED: None
7 -------------------------------------------------------------------
RENUMBERED: None
8 -------------------------------------------------------------------
AMENDED:
9
10 Section 9730. 21. HOME OCCUPATIONS. CONDITIONS . Home occupations
11 may be permitted in trailer parks, MH, R1, R2 , R3 and R4 districts
12 Provided the following conditions are met:
13 (a) Except 4an .6wimming instruction the business shall be re-
14 stricted to one room only in the dwelling and all material,
15 equipment or facilities shall be kept therein.
16 (b) No garage shall be used in connection with such business
17 except for parking of business vehicles.
18 (c) Only persons residing on the premises may be employed.
19 (d) There shall be no display of merchandise, projects, operations,
20 signs, or nameplates of any kind visible from outside the
21 dwelling.
22 (e) In no way shall the appearance of the dwelling be altered
23 or the operation of the business within the dwelling be such
24 that the dwelling may be reasonable recognized as serving
25 a nonresidential use, whether by colors, materials, con-
26 struction, lighting, windows, signs, sounds, or any .other
27 means.
28 (f) There shall be no storage of materials, supplies, equipment
1 of 2
1 or products outside the one room of the dwelling used for a
2 home occupation.
3 (g) The occupation shall not be of a type which generates
4 pedestrian or vehicular traffic beyond that which is normal
& to the particular neighborhood.
6 (h) The occupation shall not involve the use of commercial
7 vehicles for delivery of materials to or from the premises.
8 (i) No marked commercial vehicle or equipment used in conjunction
9 with the occupation shall be parked overnight on the street
10 or within the front yard setback of the premises.
11 (7 ) The occupation shall not create noise, odor, dust, vibration,
12 fumes, or smoke readily discernible at the boundaries of
13 the parcel on which it is situated, and shall not create
14 any disturbance which adversely affects electrical appliances
15 located on adjacent properties.
16 (k) All provisions of the Uniform Fire Code shall be met.
17 M No mote than bout (4 ) petsons sha22 be accommodated at a
18 swimming insttuction session not sha22 mote than one motot
19 vehicle be used to accompany a person of petsons to the
20 place o� insttuction.
21 Any violation of the above conditions or other conditions for
22 approval of a home occupation shall be cause for revocation of the
23 authorization to conduct said occupation, and such operation shall
24 cease immediately.
-------=-----------------------------------------------------------
25
ADDED: None
26 ------------------------------------------------------------------
27
28
2 of 2
J
Huntington Beach Planning commission
P.O. BOX 190 CALIFORNIA 92648
TO: Honorable Mayor and City Council
FROM: Planning Commission
DATE: August 23, 1976
ATTN: Floyd G. Belsito, City Administrator
RE: CODE AMENDMENT NO. 76-11 "SWIMMING INSTRUCTION PERMITTED"
Attached is Code Amendment No. 76-11 , a proposed amendment to the home
occupation provisions of the ordinance code. The Planning Commission
at its August 3 , 1976 regular meeting approved the proposed code amend-
ment.
The proposed amendment would allow swimming instruction .as the only home
occupation permissible outdoors and no more than four persons would be
allowed to be taught at any one time. This provision is intended to main-
tain the passive characteristics of a residential neighborhood. Swimming
instruction would be the only home occupation which would require
notification of abutting property owners and a public hearing before the
Board of Zoning Adjustments under the proposed ordinance.
In addition, the ordinance contains provisions limiting vehicular traffic
associated with the use and bonding requirements to insure that swim
instructors are covered for accident liability.
PLANNING COMMISSION ACTION:
ON MOTION BY PARKINSON AND SECOND BY BOYLE, THE PLANNING COMMISSION
APPROVED PROPOSED CODE AMENDMENT NO. 76-11 BY THE FOLLOWING VOTE:
AYES: PARKINSON, BOYLE, SHEA, GIBSON, NEWMAN
NOES: SLATES
ABSENT: FINLEY
RECOMMENDATION:
The Planning Commission recommends approval of Code Amendment No. 76-11.
Respectfully submitted,
a
Edward D. Selich,
Acting Secretary
EDS:gc `
d
huntingt®n beth
planning department
re ort
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
DATE: August 3, 1976
RE: CODE AMENDMENT NO. 76-11
"Swimming Instruction Permitted"
SUGGESTED ACTION:
Approve Code Amendment No. 76-11
1. 0 BACKGROUND INFORMATION:
On July 27, 1976 , the Planning Commission reviewed proposed Code Amend-
ment No. 76-11 "Swimming Instruction Permitted" at a public hearing.
It was the consensus of the Planning Commission to revise the code amend-
ment to include provisions for conducting a public hearing on swimming
pool instruction within the home in order to put adjacent property owners
on notice of the proposed use. The revised code amendment, attached here
to, incorporates such `provisions for. notification and public hearing.
The Commission also expressed a concern to insure where swimming in-
struction is conducted in the home, the applicant has liability insurance
to cover injuries to students. This matter has also been incorporated
as a code revision.
The Commission inquired as to whether or not swimming instruction in the
home was required to be conducted by certified personnel. The staff has
researched this issue and has found that there are no federal, state, or
county requirements for certification of swim instructors. The staff
believes that it is not feasible for the City to enact a certification
requirement for swimming instruction for a home .occupation because such
certification requirements and testing would have to be provided by the
City as there are no existing provisions available at any other govern-
mental level.
2 . 0 RECOMMENDATION:
The staff recommends approval of revised Code Amendment No. 76-11.
Past staff reports are attached for the Commission' s perusal.
DE:gc
tom. the d e�
6 � •
` ALICIA WENTWORTN
HJO A �J
S� oa p CA STER
V /
40
I OBJECT TO PASSA("E OF CODE AMENDMENT 76-11 BECAUSE
THE PROPOSAL IS DEFICIENT IN THAT RESTRICTIONS ON CONDUCTING
SV�IitiI�iIT':G LESSONS AS A HOLE OCCUPATION ARE NOT SUFFICIETT TO
PREVE11T THESE SWIliiMING LESSONS FRONT BECOMING A NUISANCE'
EITHER PUBLIC OR PRIVATE. INK SPECIFICALLY, RXEXXX I OBJECT
TO SECTIONS 9730®21(a) , .(e) ; (g)�� .��( J AND (m.)_,AS AMENDED'.
FOR THE BENEFIT OF THOSE,,—HERE.—TONIGHT WHO. MAY NOT o
BE FA0 ILIAR WITH THE LEGAL .DEFINITION OF A .NUISANCE.,' I
CA�tf�RNIR
WOULD LIKE TO QUOTE WEST'S ANNOTATEDACIVIL CODE, SECTION
r,
34.79 c "AINYTHING WHICH IS ,INJURIOUS TO HEALTH, OR IS INDECENT
OR OFliENSIVE TO THE SENSES, OR AN. OBSTRUCTION TO THE FREE
USE OF PROPERTY, SO AS TO INTERFERE WITH THE COMFORTABLE-
. �' .
EPJ,OYT EP,,T OF LIFE OR PROPERTY, OR UNLAWFULLY OBSTRUCTS
THE FREE PASSAGE OR USE, IN THE, CUSTOMARY MANNER, OF ANY
I\,!AVIGABLF. LAKE, OR RIVER, BAY, STREAM', CANAL, OR- BASIN ,
OR APY PUBLIC PARK, SQUARE, STREET, OR HIGHWAY, IS A
NUISANCE. " SECTION 3420 DEFINES .A PUBLIC NUISANCE AS ONE
WHICH AFFECTS AT THE SAME TIlvlE AN ENTIRE COMMUNITY OR
NEIGHBORHOOD, OR ANY CONSIDERABLE NUMBER OF PERSONS.,
ALTHOUGH THE EXTENT OF. THE ANNOYANCE OR DAIuIAGE INFLICTED
UPON INDIVIDUALS R'lAY BE UNEQUAL. SECTION 3481 GOES ON
TO STATE THAT EVERY NUISANCE NOT INCLUDED IN THE DEFINITION
OF THE LAST SECTION IS PRIVATE.
f
I::Y (VE' AIZ OBJECTION IS, OF COURSE, TO SECTION 9730.21(a )
INSTRUCTIONS ZN AN OUTDOOR PCCL As A
rfCl.; OCCUF!lTTCi IT` ANi Rl RESIDENTIAL DISTRICT. IT IS Y
FIRI'v: BELIEF , BASED UPON PERSONAL EXPERIENCE AS A N �'h'BCR
Il';Jv EDIATELY ADJACENT TO A DWELLING WHERE SWIFT'lING IlVSTRUCTIOY-S
WERE CCP'DUCTED, THAT SWIA'1P�IING. INSTRUCTION'S CANNOT BE CONDUCTED
WITHOUT THEI,! BECOI��IING A NUISANCE.
SF CTION .9730 i 21(e) STATES THAT THE OPERATION OF THE
BUSINESS "WITHIN THE DWELLING BE SUCH THAT THE DWELLING
NOf
VAIYkE RECOCNiIZED AS SERVING A NONRESIDENTIAL USE WHETHER
BY COLORS , PATERIALS, SOUND, OR. ANY OTHER tiEAP:S. THIS
PARAGRAPH DOES NOT ADDRESS CONDITIONS WHICH SWIMMING
INSTRU(r" 10N,S MUST 10 I1 MT; BUT, Iff SWINilvJwG INSTRUCTIONS
WERE iiiEAPIT TO BE INCLUDED IN THIS PORTION OF THE .ORDINANCE;
THEM: THE INSTRUCTIONS LEGALLY COULD NOT BE CIVEN SINCE
TEERE WOULD BE SOUNDS WHICH WOULD PERKMIT THE RECOGFITIOr`
CIF THE DWELLII'72 AS SERVING 'A NONRESIDEl, TIAL USE.
SECTION 9730.21(g) STATES THAT THE OCCUPATIOP' SHALL
P,OT BE OF A TYPE WHICH GENERATES PEDESTRIAN OR VEHICULAR
TRAFFTC BEY CJ D THAT WHICH IS NORl'IAL TO THE PARTICULAR
(NEIGHBORHOOD: IN ADDITION, SECTION 9730.21(m) REQUIRES .
THAT ALL STUDEP3TS ATTENDING A SESSION MUST BE TRANSPORTED
TO THE PREIVIISES BY NOT MiORE THAN TWO MOTOR VEHICHLES .
2
THE QUESTION ARISES AS TO WHOM WILL DETERMINE THE NORIviAL
TRAFFIC FOR A PARTICULAR NEIGHBORHOOD. MANY OF OUR Rl
RESIDENTIAL .DISTRICTS ARE LOCATED IN HOUSING TRACTS WHICH,
BY DESIGN , HAVE KA IN TRAFFIC ARTERIES ROUTED' AROUND THEM ,.
RATHER THAN THROUGH THE'I. MOW IF A PERSON IS AUTHORIZED
TO GIVE SWIMMING . INSTRUCTIONS .IN SUCH. AN AREA , AND SINCE
Arc.
THERE IS NO RESTRICTION. ON.'.THE',LENG.TH OF TIME PER DAY IN
WHICH _INSTRUCTIONS ARE GIVEN, IF WE ASSUME INSTRUCTIONS
ARE GIVEN HOURLY OVER AN EIGHT :HOUR DAY, AND TWO VEHICLES
TRANSPORT THE STUDENTS 1O THE SESSIONS, IT IS CONCEIVABLE, � :��`.`
THAT AS MANY AS IN 32 MORE VEHICLES THAN NORMAL WILL BE
ENTERING AND LEAVING THAT 'HOUSING TRACT DAILY. AND I
SAY MORE THAN )JORIMAL BEC0#S9 THOSE VEHICLES WOULD NOT BE-
ENTERING THAT TRACT IF IT WERE NOT FOR THE SWIP11II\G
INSTRUCTIONS.
SECTION 9730.21( j )' IS MORE OR LESS RELATED TC 9730.21(e)
BECAUSE IT ALSO ESTABLISHES A LIMITATION ON NOISE. IrT
STATES TIiAT THE OCCUPATION SHALL NOT CREATE NOISE, ODOR,
DUSTt VIBRATION, FUMES; OR SMOKE READILY DISCERNIBLE AT
THE BOUNDARIES OF THE PARCEL ON WHICH, IT IS SITUATED,
IT IS EXT'RaPiELY HARD FOR SWIIviMING LESSONS. TO BE GIVEN WITHOUT
NOISE BEIITO READILY DISCERNIBLE BEYOND THE BOUNDARIES OF
THE PARCEL ON WHICH IT IS SIlrUATED. INSTRUCTIONS AND
ENCOURAGEt!!EN:T ARE NORMALLY FURNISHED TO THE STUDENTS WHILE
THEY ARE IN THE POOL PRACTICING THEIR BREATHING CONTROL,
SWIM STROKES t OR WHATEVER. IN ORDER TO ENSURE THAT THE
3
._r,...._. _._ >-w...., .r ,.7�^e-v.�.....e.rv...w..p"M:-.t•N......y£'.M.P eS-,-.e,.,.--,.. r....
students HEAR TIME . INSTRUCTIONS OR ENCOURAGr�:iEl!T, THE
INSTRUCTOR IS FORCED TO RAISE HIS VOICE OR YELL I4;UCH LIKE
A COACH !!,, .ANY SPORTS ACTIVITY. IN ADDITION , IF PARETJTS
ARE ALLOWED TO REMAIN AT THE POOL TO OBSERVE THEIR CHILDRE�l: ft
AND THEY QUITE OFTEN ARE, ;PARTICULARLY WITH YOUNGER CHILDREN ,
THEY ALSO SHOUT.' OUT WORDS OF ENCOURAGEVAENT OR' PWSE. IT
IS P,*'O DIFFEIBNT THAN IF YOU- WERE OBSERVING YOUR SON AT
LITTLE LEAGUE BASEBALL PRACTICE OR IN A BALL GAIJE. YOU
TEND TO COACH .FROIA THE SIDELINES AND OFFER WORDS OF ENCOURAG-aiIiNT.
AND W1101,' HE COMES UP WITH 'A BIG PLAY OR A G 0 C D HIT, YOUR
EXULERANCF? ILINOWS 1 O BOUNDS. 'YOU HOOP AND HOLLER TO LET
YOUR SONS 11%ND EVERYONE ELSE KNOW THAT YOU ARE PROUD OF
HIS ACCCi.-PLISH EI_,TS.
SECTICN 9730.21(m) , IN. ADDITION TO -THE. TRAFFIC PROBLE:7
I: ALREADY l!l TTIQi`?},'D, ALSO STATES THAT SWIlMIJiIFC INSTRUCTIGINS
SHALL BE LIP�1ITED. TO A 10AXINI li OF ,FOUR STUDENTS AT ANY ChE
TIPE. HCWEVER, hIOISE IS NOT OPITLY GENERATED BY THE STUDEh`2's!
AN'D IT'STRUCTOR, BUT BY OBSERVERS ALSO. HOW NAFY PARENTS ,
RELATIVES , FRIENDS j*NEIGHBORS, ARE ALLOWED TO SIT AROUND
TIME POOL OFFERING ENCOURAGEI','IENT TO THE STUDENTS. OR. HOW
i".ANY STUliFi;N11IS ARE ALLOWED IN THE , POOL AT ANY CPIE TE.
IF INSTRUC'l'IOT, S ARE ESTABLISHED ON A SCHEDULE SUCH. AS . 15
MINUTES OF II STRUCTIC IS ANl+HEN 15 1rIINUTES OF PLAY, THE
NUMBER OF CHILDREI\'i IN THE:POOL HAS ALREADY DCUBLED FRODti
FOUR TO EIGHT SINCE, TECHNICALLY, ONLY FOUR STUDENTS ARE
RECEIVING INSTRUCTIONS AT ANY ONE TI11E.
APPROXEyATELY ONE MONTH AGO I APPEARED BEFORE THE
PLANNING COP,'PiiISSION' URGING THAT THIS CODE. AMIENDMENT NOT
BE PASSED. AT THAT MEETING I :HEARD.-COMMENTS FROM THE
PLANNIP?G COIbi1'',61ISSION MEMBERS, SUCH AS: SINCE THIS. IS: GOING
TO BE DONE ANYWAY, WE MIGHT AS WELL PASS THE AMENDMENT. - '=,;
WITH RESTR'ECTIONS AND THEN .PROSECUTE FOR VIOLATION OF
THE RESTRICTIONS. I WOULD LIKE T0' SUGGEST TO YOU.
TONIGHT THAT THIS TYPE OF REAStIIS ILLOGICAL4 FOR
A
PASSAGE: OF A CITE RDINANCE. " IFhGAMBLING, HOUSES WERE
OPERATOR PETITIONED THE CITY
BEII�G OPERATED IN THE CITY AND THEXXXXXXXXZXXXxxxxxxxX+XXXxX
TO DiiAKE GAlt.,BLI?IG LEGAL,
XXXXRXXXXXXXXXXXXlXZXXXRXDXZ)� YOU WOULD NOT PASS AN
OROINAi,`CE DIAKING GAMBLING LEGAL WITH CERTAIN RESTRICTIONS
AP'D THEF HOPE TO PROSECUTE THE VIOLATORS OF THE RESTRICTIONSo
ANO'T'HER COIaJENIT NfADE IN URGING PASSAGE WAS THAT THE
NOISE GENERATED BY THE .INSTRUCTIONS WOULD BE NO GREA"R
THAN THAT GENERATED BY NEIGHBORHOOD KIDS PLAYING IN THE
POOL. MlAY 49 I REP:/iIND YOU THAT SECTION 9730.21( j ) STATES
THAT THE OCCUPATION SHALL NOT CREATE NOISE REAdily DISCERI`;IBLE
AT THE BOUT?DARIES OF THE PARCEL ON WHICH IT IS S-rTUATED.
I THINK YOU WOULD HAVE TO AGREE WITH ME THAT NEIGHBORHOOD
BIDS PLAYING IN A POOL CAN MAKE A LOT OF NOISE. ALSO,
5
II ThE CASE OF VOWINCKEL VERSUS N. CLARK & SONS , THE, CCURT
RULED THAT OTHER SOURCES OF POSSIBLE DISCOII' vFORT TO PLAINTIFF
WHICH EXISTED It THE ' NEIGHBORHOOD WAS . NO DEFEItiSE- TO ACTION
TO ENJOIN THE NUISANCE. JN OTHER WORDS, JUST BECAUSE THE
NEIGHBORHOOD KIDS MAY MAKE A LOT OF NOISE PLAYIP:G- IN THE
.POOL, THAT DOES NOT MAKE IT ALL RIGHT TO HAVE OTHER ACTIVITIES
SUCH AS SWII l4ING INSTRUCTIONS WHICH WILL ALSO GENERATE "
01SE AND BE A NUISANCE.
Ire ADDITION TO THE OBJECTIONS CITED ALREADY, OTHER
AREAS IF WHICH THE CODE AMENDIVIENT IS DEFICIENT AND ThEREFCRE ..
SHCULD NOT BE PASSED IN
THE NUMBER: OF HOURS AND `S'Il''.F.S
DURING WHICH SWIi'i1I\,.ING INSTRUCTIONS .CAN BE "IVEF THE 'FIRST
INSTRUCTION PERIOD COULD BEGIN AT 9: 00 AY AND THE LAST AT
n.:00PI,., . WITH HEATED POOLS", ADEQUATE LICH r�:cx, AND THE
ADVENT OF SCHOOL, ,THIS IS A DISTINCT POSSIEZLLITY. I AP '
NOT OIILY LOITEG TO HAVE TD ENDURE THE NUISANCE DURII''G THE
BUSINESS DAY WI`L'H PRE—SCHOOLERS BUT ALSO DURINCT THE QUIET
EVENING HOURS AND WEEKENDS WITH SCHOOL,—AGE CHILDREr
I ALLUDED EARLIER TO.:THE NUMBER OF PEOPLE IN. THE POOL
AREA .- TIIE CODE AMENDIJIENT MERELY STATES THE E1AAIF7,UI':' BER,
OF STUDENTS WHO CAN BE RECEIVING SWIMI'iING INSTRUCTIC IS AT
ANY ONE TI1:'E, BUT IT DOES NOT ADDRESS THE N'UPiBER OF PEOPLE
WHO CAI BE IF THE FOOL AREA . THESE OTHER PEOPLE CA N CREATE
AS MUCH NOISE AND MORE AS THE STUDENTS AD74NSTRIUCTOR CREATE.
-t
aw
THERE IS NO REQUIREMENT FOR TESTING THE WATER OF, THESE
PRIVATE SWIMMING POOLS BY''CITY OR STATE HEALTH OFFICIALS.
f IF WE REQUIRE OUR PUBLICS EATING ESTABLISNNlpTS TO PASS
CERTAIN HEALTH REQUIREMENTS ;' WHY DON"T WE 'REQUIRE OUR
PRIVATE SWIMMING POOLS TO DO, THE SAME. - HOW MUCH WATER
Y
FROM THE POOL WILL BE` >'SWALLOWED BY A SMALL CHILD DURING
THE COURSE OF A YEAR'S SWIMMING. INSTRUCTIONS.. PUBLIC .
SWIMMING PLACES ARE CHECKED REGARLY. IF A PRIVATE
INDIVIDUAL SERVICES 'HIS, OWN POOL IN WHICH HE: GIVES SWIMMING ,Y
INSTRUCTIONS o WHAT QUALIFIES HIM. TO DETERMINE 'HOW.MUCH
CHLORINE MUST BE PLACED IN.'THE .POOL. WORSE YET; HOW-
MUCH CHLORINE CAN A SMALL CHILD TOLERATE. ' IF A CHILD
WERE TO BECOIiiE MENTALLY OR, PHYSICALLY DISABLED OR EVEN.
EXE DIE DUE TO CHLORINE— P07ISONING , WHO IS RESPONSIBLE?
CAN THE CITY BE SUED FOR PARTIAL. NEGLIGENCE FOR FAILING
TO ENACT PROPER HEAL REGULATIONS GOVERNING PRIVATE .FOOLS
USED I,^, A BUSINESS AUTHORIZED BY THE CITY.
I'M SURE THAT THERE WILL BE MANY INDIVIDUALS TO APPEAR
BEFORE YOU ARGUING IN FAVOR OF THIS CODE AMENDPllEPIT. I
ONLY ASK YOU TO .KEEP MY C'OMMEN.TS IN MIND AND CONSIDER
EACH INDIVIDUAL AS THEY APPEAR BEFORE YOU. ARE THEY HERE
BECF#SE THEY HAVE A FINANCIAL INTEREST IN THE APAENDMENT?
OR HAVE THEIF�CHILDREN PROFITED FROM INDIVIDUAL SWIMMING
INSTRUCTIONS? OR DO THEY LIVE IMMEDIATELY ADJACENT TO A
POOL WHERE SWIMMING INSTRUCTIONS ARE GIVEN?
. 7 ,
I FEEL 'I'riAT THERE IS A NEED FOR LESSOiv,S
BUT THAT THESE LESSODTS SHOULD .I3E COI-:-DUCTED AT LGCATIG�S
OUT OF RESTDE";'1'IAL AREAS AND AT FACILITIEa WHICH 1.iUST
MEET THE RIGID REQUIRE1,1ENTS PLACED ON FACILITIES 10
FREQUET,�TED BY TIE PUBLIC. HIGH SCHOOLS , Y1,1CAs, AT.D'
OTHER FACILITIES HAVE POOLS WHERE LESSCI\:S ARE OR EX
COULD BE CCrDUCTED. AI`D I -AM- NOT SUGGESTIYG TIVIT GROUP
SVJI;: IESSQ S zl,17,7 BETTER TFAIT IIIDIVIDUAL IT:STRUCTIONS.
IF Il�DIVIDU�,L ITaSTRUCTIOniS ARE NOT OFFERED AT A1lY OF
THESE FACILITIES,, 119OItiDER IF -THIS POSSIBILITY HAS EVER
BFETF EXPLORED by 9 CITY OFFICIALS OR IR,I)IVIDUALS
II`:�TERESTED T1,. CONDUCTING LESSOP?S.
T
n ,.
IN CLOSING I URGE YOU TO CONSIDER FULLY THIS CODE
AI+iEPtDT'ENT AND ITS IMPLICATIONS;. I REITERATE TviY OBJECTIONS
TO .THIS CODE AMENDMENT BECAUSE THE' PROPOSAL IS DEFICIENT
IF THAT RESTRICTIONS ON;;CONDUCTING? SWIMMING INSTRUCTIONS
ARE NOT SUFFICIENT TO. PREYENT`A_'NUISANCE. THERE' `IS NO
' ADEQUATE MEANS 4F _CONTROLLING; THE,'SOUND _AND..NCISE W1�ICB
i WILL, BE GENERATED. TRAFFIG 'WILL'.BE INCREASED BEYOND THAT
WHICH IS NORMALFOR MANY,RESIDENTIAL .DISTRICTS. THE
LIMITATION ON THE NUMBER . OF StUDENTS. AND OTHER PEOPLE
I*HE POOL AREA 'IS TOO .BROAD AND, WILL 'SERVENO -PURPOSE
AT ALL. THERE IS !NO REST RTCTION �ON THE NUMBER, OF HOURS
PER DAY IN WHICH INSTRUCTTONS CAN Bf, GIVEN.. IN ADDITION ,
THERE IS NO RESTRICTION,•'ON':THE TIME OF DAY,' NIGHT, WEEKEND,
OR HOLIDAY WHEN .INSTRUCTIONS !"W CAN BE GIVEN.- FINALLY•$
THERE ARE NO HEALTH-CONTROLS. ESTABLISHED FOR PRIVATE
SVIIP'P TNG POOLS WHICH WOULlil"PROTECT THE LIVES OF THE
CHILDREN RECEIVING THESE INSTRUCTIONS,. FOR THESE REASOPSy
I URGE YOU M TO VOTE AGAINST CODE AMENDMENT 76-11.
THANK YOUI
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