HomeMy WebLinkAboutApprove for Introduction Ordinance No 4273 - Amending Munici (3) 0,TINGTp' 2000 Main Street,
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File #: 23-194 MEETING DATE: 3/7/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Brian Smith, Lieutenant
Subject:
Adopt Ordinance No. 4273 Amending Municipal Code 13.48 Relating to the Use of Tents and
Other Uses Within City Parks - Approved for Introduction as Amended 2/21/2023, Vote: 7-0
Statement of Issue:
Proposed Ordinance No. 4273 to amend Municipal Code Section 13.48 would prevent persons from
using unpermitted fully enclosed tents within a park, reduce parking lot obstructions and hazards, and
regulate the manner in which fires and barbeques can be maintained within parks.
Financial Impact:
There is no anticipated financial impact due to the amendment of this Municipal Code.
Recommended Action:
Adopt Ordinance 4273, "An Ordinance of the City Council of the City of Huntington Beach Amending
Title 13 of the Huntington Beach Municipal Code Relating to Parking Lot and Camping Regulations in
Public Parks, and Making a Finding of Exemption Under CEQA" relating to the use of tents and other
uses within City parks.
Alternative Action(s):
Do not approve and direct staff accordingly. If this proposed Ordinance is not adopted, it will limit the
Police Department's ability to address the aforementioned issues in City parks.
Analysis:
Community concerns exist over the use of enclosed tents within parks, as they can conceal
prohibited acts, such as lewd conduct, drinking in public, and narcotics use. In reviewing existing
municipal codes, fully enclosed tents are permitted in parks but prohibited on the Beach and Adjacent
Beach Areas. This amendment would not prevent the public from utilizing canopies and tents to
protect themselves from the elements within our parks; rather, it would make park regulations
consistent with beach regulations by requiring at least two sides of an unpermitted tent to remain
City of Huntington Beach Page 1 of 2 Printed on 3/3/2023
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File #: 23-194 MEETING DATE: 3/7/2023
completely open to public view.
While barbeques and fires are explicitly regulated on our beaches for public safety, current codes do
not sufficiently address hazards created by open flames and heat sources in natural park settings.
The intent of this section is to permit the safe use of portable stoves, barbeques, and installed fire
rings in public parks, while reducing risks of personal injury burns and fire hazards, especially during
periods of extreme fire hazard.
Obstructions in parking lots can prevent the use of parking stalls, impacting access to our public park
facilities. Unless permitted by the Director of Community and Library Services or their designee, this
amendment would require vehicles to park within a single stall in no-fee parking lots, restrict the use
of stalls to only registered vehicles, prohibit personal property from being left unattended in parking
lots, and require head-in parking.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
1. Ordinance No. 4273 Amended
2. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 3/3/2023
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ORDINANCE NO. 4273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING TITLE 13 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO
PARKING LOT AND CAMPING REGULATIONS IN PUBLIC
PARKS, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Sections 13.18.040 (Public Toilets), 13.48.060 (Vehicle Operations —Parking)
of Chapter 13.48 (Parks) of Title 13 (Public Property) of the Huntington Beach Municipal Code is
hereby amended in its entirety, to read as follows:
"13.48.040 Public Toilets
No person shall fail to cooperate in maintaining public toilets in a neat and sanitary
condition nor shall any person loiter in or about any public toilet.
"13.48.060 Vehicle Operations, Parking, and Parking Lots
A. Unattended Vehicles. No person shall operate, drive, ride, park or leave standing any
automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart or any other motor
vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this
section shall not apply to those specific areas within any public park of the City which shall have
been regularly and lawfully set aside for the use of vehicles; and provided further that the
provisions of this section shall not apply to any vehicle used or owned by the City or any vehicle
to which a temporary parking pass has been issued by the City or any commercial vehicle making
lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any
public park of the City. No person shall park and leave unattended any vehicle in areas other than
those designated for parking. Vehicles left unattended in any area, except those designated for
parking, without permission, may be towed away and stored by the City and said removal and
storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride
or drive a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard
or multipurpose court in a City park.
B. Unattended Property. No person shall place personal property in any area of a public
parking lot.
C.Parking Stall Obstruction. No person shall obstruct a vehicular parking space designated
by lines or marks, by standing in such parking space or by placing any barrier, sawhorse, bicycle,
trash can, non-registered motor vehicle, or other obstruction in such parking space. This section
21-10667/296617
Ordinance No. 4273
shall not apply to temporary obstructions erected or maintained by governmental agencies, public
utilities or adjacent property owners when necessitated by construction activities, or except as
authorized by the Director.
D.Temporary Parking. Upon proof of valid California vehicle registration,proof of insurance
as required by the California Vehicle Code and proof of a valid driver's license, the operator of a
vehicle may be issued a temporary parking pass by the Director of Community Services or his or
her designated representative. The pass will entitle the holder to park or operate a vehicle during
short-term use of park facilities. The pass must be displayed at all times on the front dashboard of
the vehicle or in a manner so that it is clearly visible through the windshield.
E. Single Stall Use. No vehicle shall be parked in any free public parking lot except entirely
within a space indicated by painted lines, said space commonly referred to as a "parking space,"
"parking slot," or "parking stall," unless exempted by permit or as authorized by the Director.
Nothing in this section shall prohibit recreational vehicles from parking in paid parking lots,
including but not limited to the Sports Complex, with the applicable parking permit authorizing
such use.
F. Head-In Parking. Vehicles shall be parked with the rear of the vehicle oriented closest to
the traffic lane and within the space indicated unless otherwise specified by signage, or when
necessary to permit access to a vehicle by a vehicle lawfully displaying a disabled placard or
disabled license plates."
SECTION 2. Section 13.48.145 (Camping) of Chapter 13.48 (Parks) of Title 13 (Public
Property) of the Huntington Beach Municipal Code is hereby amended in its entirety, to read as
follows:
"13.48.145 Camping; Camp Fires
A.Designated Camping Facilities. The following City parks are hereby designated as camping
facilities: Lake Park,Farquhar Park,Huntington Central Park, and Norma Brandel Gibbs Park.No
person shall use any camping facility for overnight camping purposes without applying for and
obtaining written permission from the Director upon payment of the required fees established, and
amended from time to time, by resolution of the City Council of the City of Huntington Beach.
B. Camping Regulations. The Director may designate areas within subject parks for camping
and may promulgate reasonable rules and regulations pertinent to the use of subject parks for
camping purposes.
C.No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two sides completely open to public view, in any park, as described
13.48.010, except by permit issued by the Director.
D.Camping Fee Required. No person shall use or occupy a camping facility unless the fee,
evidenced by a receipt, has first been paid.
E. Fire.No Person shall light, kindle, set or maintain fires or coals thereon, except in the City-
provided fire rings or barbecues, or in self-contained barbecues or portable stove, or except by
2
Ordinance No. 4273
permit issued by the Director. Disposable heating barbecue materials shall not be deposited
anywhere except within the inside perimeter of the City-provided fire ring of City-provided
barbecues. The heat source of self-contained barbecues or portable stove shall not be charcoal-
based, and must be raised at least 18 inches above the surface of the ground.
F. Periods of Extreme Fire Danger. During times of extreme fire danger, when red-flag
conditions are declared by a State, Local, or Federal fire authority, no open flames shall be
permitted in any fire ring or City-provided barbecue. During these times, only those self-contained
barbecues or portable stoves using canisters of propane,natural gas, alcohol, isobutane, butane, or
similar liquids will be permitted when operated in compliance with the Huntington Beach
Municipal Code specifying the permitted location of self-contained barbecues."
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is exempt from CEQA because it is not a project within the meaning
of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in
physical change in the environment, directly or ultimately. Furthermore, this Ordinance is exempt
from CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies
only to projects which have the potential for causing a significant effect on the environment and
because it can be seen with certainty that there is no possibility that this Ordinance will have a
significant effect on the environment.
SECTION 4. Effective Date. This ordinance shall become effective 30 days after its adoption.
SECTION 5. Severability. If any section, subsection,subdivision, sentence, clause,phrase, or
portion of this Ordinance or the application thereof to any person or place, 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 remainder of this ordinance and shall not affect other provisions
of this Ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are severable. The City Council hereby declares it would
have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions,sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
SECTION 6. Savings. Neither the adoption of this Ordinance nor the repeal of any other
ordinance of this City shall in any manner affect the prosecution of any violation of any City
ordinance or provision of the Huntington Beach Municipal Code, committed prior to the effective
date hereto, nor be construed as a waiver of any license or penalty or the penalty provision
applicable to any violation thereof
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner
required by law.
3
Ordinance No. 4273
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of March , 2023.
( 4'?
Mayor
ATTEST: APPROVED AS TO FORM:
(*4141/ qdiletniall-d
City Clerk Cit Attorney
/
64bVIEWE 1 AND • PP'O 'ED: INITIATED AND .•
City Manages- Chief of Police
4
Ord. No. 4273
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on February 21, 2023, and was again read to said City
Council at a Regular meeting thereof held on March 7,2023, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on March 16,2023. e6MIZZ4a4td
In accordance with the City Charter of said City.
R•,in Estanislau, City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Huntington Beach Wave
1920 Main St.,Suite 225
Irvine,Ca 92614
714-796-2209 •
5190751
HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION
CITY CLERK DEPARTMENT
2000 MAIN ST Legal No. 0011591264
HUNTINGTON BEACH, CA 92648-2763 H.B.wave
PUBLISH DATE: 03/16/2023
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
FILE NO. 4284-Amending HBMC Ch. 13.52 ORDINANCE NO.4273
Adopted by the City Council on March 7,2023
AFFIDAVIT OF PUBLICATION HUNT NGTONBEACHAM NDINGTITLE 3OFTHEHUNTINGTON
BEACH MUNICIPAL CODE RELATING TO'PARKING LOT AND
STATE OF CALIFORNIA, CAMPING REGULATIONS IN PUBLIC PARKS,
AND MAKING A.FINDING OF EXEMPTION UNDER CEQA"
SS. SYNOPSIS
County of Orange Ordinance No.4273 amends Title 13 to make park regulations consistent
with beach regulations by requiring at least two sides of an unpermitted
tent to remain completely open to public view,addresses the safe use of
portable stoves,.barbeques, and installed fire rings in.public parks, and
requires vehicles to."park Within a single stall in no-fee parking lots,
restricts the use of stalls to registered vehicles only, prohibits personal
I am a citizen of the United States and a resident of the paprorpekirtyng. from being left unattended in parking lots and requires head-in
County aforesaid; I am over the age of eighteen years,and COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY
not a party to or interested in the above entitled matter. I CLERK'S OFFICE.
am the principal clerk of the Huntington Beach Wave, a PASSED AND ADOPTED by the City Council of the City of Huntington
newspaper that has been adjudged to be a newspaper of vo Beachte: at a regular meeting held March 7, 2023.by the following roll call
general circulation by the Superior Court of the County of
AYES: Kalmick,Moser,Van Der Mark,Strickland,McKeon,
Orange, State of California, on July 1, 1998, Case No. Bolton,Burns
A-185906 in and for the City of Huntington Beach, County NOES: None
of Orange, State of California; that the notice, of which the ABSENT: None
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in This ordinance is effective April 6,2023.
any supplement thereof on the following dates,to wit: CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
03/16/2023 ROBIN ESTANISLAU2CITY CLERK
I certify(or declare)under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: March 16,2023.
CL
Signature
rLP i-12n5n5 1
''),v4) 4)7 I1Z -
LEGISLATIVE DRAFT
HBMC CHAPTER 13.48
Chapter 13.48.040
13.48.040 Public Toilets
No person shall fail to cooperate in maintaining public toilets in a neat and sanitary
condition nor shall any person loiter in or about any public toilet or gntcr any public toilet
under five years of age that are accompanied by a parent or guardian
Chapter 13.48.060
13 AS2 n6n Vehicle Operations Parking
Parking No person shall operate drive ride park or leave stand'
�.�-vv rrmtrrrvp�uc�anvc,�c,r�arTc yr-rcmr
provisions of this section shall not apply to those specific areas within any public park of
and provided further that the provisions of this section shall not apply to any vehicle
for parkins without permission mays be tewcd away and stored by the City and said
removal and storage costs shall be charged to and paid by the owner prior to release.
B. Upon proof of valid California vehicle r
or his or her designated representative. The pa s will entitle the holder to park or
operate a vehicle during short term use of park facilities. The pas must be displayed at
Chapter 13.48.145
13.48.145 Camping; Camp Fires
Carg char Dark, H n g ocn�ral Dark, and Norma Brandel Gibbs Dart No per �
obtaining written permission from the Director upon payment of the required fees
established, and amended from time to time, by res
of Huntington Beach.
B. The Director may designate areas within subject parks for camping and may
camping purposes.
C. No person shall use or occupy a camping facility unless the fee, evidenced by a
receipt, has first been paid.
Moore, Tania
From: Fikes, Cathy
Sent: Monday, March 6, 2023 6:05 PM
To: Agenda Alerts
Subject: FW: Items 13 and 14 March 7 agenda;VOTE NO
From: Lynne Deakers<lcdeakers@gmail.com>
Sent: Monday, March 6, 2023 3:35 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Items 13 and 14 March 7 agenda;VOTE NO
There are better ways to solve these issues than criminalizing homelessness in our city.
Lynne Deakers
40 year resident Huntington Beach
SUPPLEMENTAL
COmMUNICAT'ION
Meeting Date: /7/(20?--
Agenda Item No.;,J lilt (g-3 I91-1)
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File #: 23-177 MEETING DATE: 2/21/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Brian Smith, Lieutenant
Subject:
Approve for Introduction Ordinance No. 4273 Amending Municipal Code 13.48 Relating to the
Use of Tents and Other Uses Within City Parks
Statement of Issue:
Proposed Ordinance No. 4273 to amend Municipal Code Section 13.48 would prevent persons from
using unpermitted fully enclosed tents within a park, reduce parking lot obstructions and hazards, and
regulate the manner in which fires and barbeques can be maintained within parks.
Financial Impact:
There is no anticipated financial impact due to the amendment of this Municipal Code.
Recommended Action:
Staff recommends City Council approve the introduction of Ordinance 4273, "An Ordinance of the
City Council of the City of Huntington Beach Amending Title 13 of the Huntington Beach Municipal
Code Relating to Parking Lot and Camping Regulations in Public Parks, and Making a Finding of
Exemption Under CEQA" relating to the use of tents and other uses within City parks.
Alternative Action(s):
Do not approve and direct staff accordingly. If this proposed Ordinance is not adopted, it will limit the
Police Department's ability to address the aforementioned issues in City parks.
Analysis:
Community concerns exist over the use of enclosed tents within parks, as they can conceal
prohibited acts, such as lewd conduct, drinking in public, and narcotics use. In reviewing existing
municipal codes, fully enclosed tents are permitted in parks but prohibited on the Beach and Adjacent
Beach Areas. This amendment would not prevent the public from utilizing canopies and tents to
protect themselves from the elements within our parks; rather, it would make park regulations
consistent with beach regulations by requiring at least two sides of an unpermitted tent to remain
City of Huntington Beach Page 1 of 2 Printed on 2/16/2023
power LegistarTM
File #: 23-177 MEETING DATE: 2/21/2023
completely open to public view.
While barbeques and fires are explicitly regulated on our beaches for public safety, current codes do
not sufficiently address hazards created by open flames and heat sources in natural park settings.
The intent of this section is to permit the safe use of portable stoves, barbeques, and installed fire
rings in public parks, while reducing risks of personal injury burns and fire hazards, especially during
periods of extreme fire hazard.
Obstructions in parking lots can prevent the use of parking stalls, impacting access to our public park
facilities. Unless permitted by the Director of Community and Library Services or their designee, this
amendment would require vehicles to park within a single stall in no-fee parking lots, restrict the use
of stalls to only registered vehicles, prohibit personal property from being left unattended in parking
lots, and require head-in parking.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
1. Ordinance No. 4273
2. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 2/16/2023
power $i Legistar"
City Council/ ACTION AGENDA February 21, 2023
Public Financing Authority
24. 23-176 Approved for Introduction Ordinance No. 4284 Amending Municipal
Code 13.52 Relating to Public Conduct within City-Owned Public Parking
Structures
Recommended Action:
Staff recommends City Council approve for introduction Ordinance No. 4284, "An Ordinance
of the City of Huntington Beach Amending Huntington Beach Municipal Code Chapter 13.52
Relating to Public Buildings" regarding public conduct within City-owned public parking
structures.
Approved 7-0 as amended-strike language in 13.52.020 "No person over the age
of five years shall use the restrooms and washrooms designated for the opposite
sex."
25. 23-177 Approved for Introduction Ordinance No. 4273 Amending Municipal
Code 13.48 Relating to the Use of Tents and Other Uses Within City
Parks
Recommended Action:
Staff recommends City Council approve the introduction of Ordinance 4273, "An Ordinance
of the City Council of the City of Huntington Beach Amending Title 13 of the Huntington
Beach Municipal Code Relating to Parking Lot and Camping Regulations in Public Parks, and
Making a Finding of Exemption Under CEQA" relating to the use of tents and other uses
within City parks.
Approved 7-0 as amended to insert language found in 13.48.040- Public Toilets, "No
person shall fail to cooperate in maintaining public toilets in a neat and sanitary condition
nor shall any person loiter in or about any public toilet."
COUNCILMEMBER ITEMS
26. 23-172 Item Submitted by Councilmember Burns approved - SB 9 and SB 10
Impacts to Huntington Beach
Recommended Action:
Direct the City Attorney to take any legal action necessary to challenge SB 9 and SB 10 and
the laws that permit ADU's. Also, direct the City Manager to cease the processing of all
applications/permits brought to the City by developers under SB 9, SB 10, or State law
related ADU projects, until the courts have adjudicated the matter(s).
Approved 4-3 (Kalmick, Moser, Bolton— No)
27. 23-184 Item Submitted by Mayor Strickland and Mayor Pro Tem Van Der Mark
approved - Request to prepare an Invocation Policy
Recommended Action:
Direct the City Manager to work with the City Attorney to return to the City Council with a
Resolution for a City Council policy for the constituting of a list of religious associates or
leaders, maintaining that list, evaluation of religious associates or leaders, and rotation
system for religious leaders at City Council meetings to offer an invocation. The City Attorney
Page 9 of 9
ORDINANCE NO. 4273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING TITLE 13 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO
PARKING LOT AND CAMPING REGULATIONS IN PUBLIC
PARKS, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.48.060 (Vehicle Operations—Parking) of Chapter 13.48 (Parks) of
Title 13 (Public Property) of the Huntington Beach Municipal Code is hereby amended in its
entirety, to read as follows:
"13.48.060 Vehicle Operations,Parking, and Parking Lots
A. Unattended Vehicles. No person shall operate, drive, ride, park or leave standing any
automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart or any other motor
vehicle or any other vehicle at any time in any park; provided,however, that the provisions of this
section shall not apply to those specific areas within any public park of the City which shall have
been regularly and lawfully set aside for the use of vehicles; and provided further that the
provisions of this section shall not apply to any vehicle used or owned by the City or any vehicle
to which a temporary parking pass has been issued by the City or any commercial vehicle making
lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any
public park of the City.No person shall park and leave unattended any vehicle in areas other than
those designated for parking. Vehicles left unattended in any area, except those designated for
parking, without permission, may be towed away and stored by the City and said removal and
storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride
or drive a bicycle, skateboard or roller skates upon any tennis, handball, basketball, shuffleboard
or multipurpose court in a City park.
B. Unattended Property. No person shall place personal property in any area of a public
parking lot.
C. Parking Stall Obstruction. No person shall obstruct a vehicular parking space designated
by lines or marks, by standing in such parking space or by placing any barrier, sawhorse, bicycle,
trash can, non-registered motor vehicle, or other obstruction in such parking space. This section
shall not apply to temporary obstructions erected or maintained by governmental agencies,public
utilities or adjacent property owners when necessitated by construction activities, or except as
authorized by the Director.
D.Temporary Parking. Upon proof of valid California vehicle registration,proof of insurance
21-10667/296617
682
Ordinance No. 4273
as required by the California Vehicle Code and proof of a valid driver's license, the operator of a
vehicle may be issued a temporary parking pass by the Director of Community Services or his or
her designated representative. The pass will entitle the holder to park or operate a vehicle during
short-term use of park facilities. The pass must be displayed at all times on the front dashboard of
the vehicle or in a manner so that it is clearly visible through the windshield.
E. Single Stall Use. No vehicle shall be parked in any free public parking lot except entirely
within a space indicated by painted lines, said space commonly referred to as a"parking space,"
"parking slot," or "parking stall," unless exempted by permit or as authorized by the Director.
Nothing in this section shall prohibit recreational vehicles from parking in paid parking lots,
including but not limited to the Sports Complex, with the applicable parking permit authorizing
such use.
F. Head-In Parking. Vehicles shall be parked with the rear of the vehicle oriented closest to
the traffic lane and within the space indicated unless otherwise specified by signage, or when
necessary to permit access to a vehicle by a vehicle lawfully displaying a disabled placard or
disabled license plates."
SECTION 2. Section 13.48.145 (Camping) of Chapter 13.48 (Parks) of Title 13 (Public
Property) of the Huntington Beach Municipal Code is hereby amended in its entirety, to read as
follows:
"13.48.145 Camping; Camp Fires
A.Designated Camping Facilities.The following City parks are hereby designated as camping
facilities: Lake Park,Farquhar Park,Huntington Central Park,and Norma Brandel Gibbs Park.No
person shall use any camping facility for overnight camping purposes without applying for and
obtaining written permission from the Director upon payment of the required fees established, and
amended from time to time, by resolution of the City Council of the City of Huntington Beach.
B.Camping Regulations. The Director may designate areas within subject parks for camping
and may promulgate reasonable rules and regulations pertinent to the use of subject parks for
camping purposes.
C.No person shall erect,maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two sides completely open to public view, in any park, as described
13.48.010, except by permit issued by the Director.
D.Camping Fee Required. No person shall use or occupy a camping facility unless the fee,
evidenced by a receipt, has first been paid.
E. Fire.No Person shall light,kindle,set or maintain fires or coals thereon,except in the City-
provided fire rings or barbecues, or in self-contained barbecues or portable stove, or except by
permit issued by the Director. Disposable heating barbecue materials shall not be deposited
anywhere except within the inside perimeter of the City-provided fire ring of City-provided
barbecues. The heat source of self-contained barbecues or portable stove shall not be charcoal-
based, and must be raised at least 18 inches above the surface of the ground.
2
683
Ordinance No. 4273
F. Periods of Extreme Fire Danger. During times of extreme fire danger, when red-flag
conditions are declared by a State, Local, or Federal fire authority, no open flames shall be
permitted in any fire ring or City-provided barbecue. During these times,only those self-contained
barbecues or portable stoves using canisters of propane,natural gas, alcohol, isobutane,butane, or
similar liquids will be permitted when operated in compliance with the Huntington Beach
Municipal Code specifying the permitted location of self-contained barbecues."
SECTION 3. CEOA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is exempt from CEQA because it is not a project within the meaning
of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in
physical change in the environment,directly or ultimately. Furthermore,this Ordinance is exempt
from CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies
only to projects which have the potential for causing a significant effect on the environment and
because it can be seen with certainty that there is no possibility that this Ordinance will have a
significant effect on the environment.
SECTION 4. Effective Date.This ordinance shall become effective 30 days after its adoption.
SECTION 5. Severability. If any section,subsection,subdivision,sentence,clause,phrase,or
portion of this Ordinance or the application thereof to any person or place, 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 remainder of this ordinance and shall not affect other provisions
of this Ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are severable. The City Council hereby declares it would
have adopted this Ordinance,and each and every section,subsection,subdivision,sentence,clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions,sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
SECTION 6. Savings. Neither the adoption of this Ordinance nor the repeal of any other
• ordinance of this City shall in any manner affect the prosecution of any violation of any City
ordinance or provision of the Huntington Beach Municipal Code, committed prior to the effective
date hereto, nor be construed as a waiver of any license or penalty or the penalty provision
applicable to any violation thereof.
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner
required by law.
3
684
Ordinance No. 4273
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2023.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Cit Attorney
REVIEWED AND APPROVED: INITIATED AND A •
City Manager Chief of Police
4
685
LEGISLATIVE DRAFT
HBMC CHAPTER 13.48
Chapter 13.48.060
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f.i •
ORDINANCE NO. 4273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF,
HUNTINGTON BEACH AMENDING TITLE 13 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING,TO
PARKING LOT AND CAMPING REGULATIONS IN PUBLIC
PARKS, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 13.48.060 (Vehicle Operations — Parking) of Chapter 13.48 (Parks) of
Title 13 (Public Property) of the Huntington Beach Municipal Code is hereby amended in its
entirety, to read as follows:
"13.48.060 Vehicle Operations, Parking, and Parking Lots
A. Unattended Vehicles. No person shall operate, drive, ride, park or leave standing any
automobile, truck, motorcycle, motor scooter, motorized bicycle, go-cart or any other motor
vehicle or any other vehicle at any time in any park; provided, however, that the provisions of this
section shall not apply to those specific areas within any public park of the City which shall have
been regularly and lawfully set aside for the use of vehicles; and provided further that the
provisions of this section shall not apply to any vehicle used or owned by the City or any vehicle
to which a temporary parking pass has been issued by the City or any commercial vehicle making
lawful deliveries to or otherwise lawfully engaged in any undertaking or enterprise within any
public park of the City. No person shall park and leave unattended any vehicle in areas other than
those designated for parking. Vehicles left unattended in any area, except those designated for
parking, without permission, may be towed away and stored by the City and said removal and
storage costs shall be charged to and paid by the owner prior to release. Nor shall any person ride
or drive a bicycle; skateboard or roller skates upon any tennis, handball, basketball, shuffleboard
or multipurpose court in a City park.
B. Unattended Property. No person shall place personal property in any area of a public
parking lot.
C. Parking Stall Obstruction. No person shall obstruct a vehicular parking space designated
by lines'or marks, by standing in such parking space or by placing any barrier, sawhorse, bicycle,
trash can, non-registered motor vehicle, or other obstruction in such parking space. This section
shalynot apply to temporary obstructions erected or maintained by governmental agencies, public
utilities or adjacent property owners when necessitated by construction activities, or except as
authorized by the Director.
D.Temporary Parking. Upon proof of valid California vehicle registration,proof of insurance
21-10667/296617
Ordinance No. 4273
as required by the California Vehicle Code and proof of a valid driver's license, the operator of a
vehicle may be issued a temporary parking pass by the Director of Community Services or his or
her designated representative. The pass will entitle the holder to park or operate a vehicle during
short-term use of park facilities. The pass must be displayed at all times on the front dashboard of
the vehicle or in a manner so that it is clearly visible through the windshield.
E. Single Stall Use. No vehicle shall be parked in any free public parking lot except entirely
within a space indicated by painted lines, said space commonly referred to as a "parking space,"
"parking slot," or "parking stall," unless exempted by permit or as authorized by the Director.
Nothing in this section shall prohibit recreational vehicles from parking in paid parking lots,
including but not limited to the Sports Complex, with the applicable parking permit authorizing
such use.
F. Head-In Parking. Vehicles shall be parked with the rear of the vehicle oriented closest to
the traffic lane and within the space indicated unless otherwise specified by signage, or when
necessary to permit access to a vehicle by a vehicle lawfully displaying a disabled placard or
disabled license plates."
SECTION 2. Section 13.48.145 (Camping) of Chapter 13.48 (Parks) of Title 13 (Public
Property) of the Huntington Beach Municipal Code is hereby amended in its entirety, to read as
follows:
"13.48.145 Camping; Camp Fires
A.Designated Camping Facilities.The following City parks are hereby designated as camping
facilities: Lake Park, Farquhar Park,Huntington Central Park,and Norma Brandel Gibbs Park.No
person shall use any camping facility for overnight camping purposes without applying for and
obtaining written permission from the Director upon payment of the required fees established, and
amended from time to time, by resolution of the City Council of the City of Huntington Beach.
B. Camping Regulations. The Director may designate areas within subject parks for camping
and may promulgate reasonable rules and regulations pertinent to the use of subject parks for
camping purposes.
C.No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any
tent without at least two sides completely open to public view, in any park, as described
13.48.010, except by permit issued by the Director.
D.Camping Fee Required. No person shall use or occupy a camping facility unless the fee,
evidenced by a receipt, has first been paid.
E. Fire.No Person shall light, kindle, set or maintain fires or coals thereon, except in the City-
provided fire rings or barbecues, or in self-contained barbecues or portable stove, or except by
permit issued by the Director. Disposable heating barbecue materials shall not be deposited
anywhere except within the inside perimeter of the City-provided fire ring of City-provided
barbecues. The heat source of self-contained barbecues or portable stove shall not be charcoal-
ba ed, and must be raised at least 18 inches above the surface of the ground.
2
Ordinance No. 4273
F. Periods of Extreme Fire Danger. During times of extreme fire danger, when red-flag
conditions are declared by a State, Local, or Federal fire authority, no open flames shall be
permitted in any fire ring or City-provided barbecue. During these times, only those self-contained
barbecues or portable stoves using canisters of propane, natural gas, alcohol, isobutane,butane, or
similar liquids will be permitted when operated in compliance with the Huntington Beach
Municipal Code specifying the permitted location of self-contained barbecues."
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is exempt from CEQA because it is not a project within the meaning
of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in
physical change in the environment, directly or ultimately. Furthermore,this Ordinance is exempt
from CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies
only to projects which have the potential for causing a significant effect on the environment and
because it can be seen with certainty that there is no possibility that this Ordinance will have a
significant effect on the environment.
SECTION 4. Effective Date. This ordinance shall become effective 30 days after its adoption.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause,phrase,or
portion of this Ordinance or the application thereof to any person or place, 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 remainder of this ordinance and shall not affect other provisions
of this Ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are severable. The City Council hereby declares it would
have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions,sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
SECTION 6. Savings. Neither the adoption of this Ordinance nor the repeal of any other
ordinance of this City shall in any manner affect the prosecution of any violation of any City
ordinance or provision of the Huntington Beach Municipal Code, committed prior to the effective
date hereto, nor be construed as a waiver of any license or penalty or the penalty provision
applicable to any violation thereof
SECTION 7. Certification and Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner
required by law.
3
Ordinance No. 4273
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2023.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Cit Attorney
REVIEWED AND APPROVED: INITIATED AND A
City Manager Chief of Police
i
4
LEGISLATIVE DRAFT
HBMC CHAPTER 13.48
Chapter 13.48.060
13.48.060 Veh-i- +ln Op rationc Da rlri ran
A. Parking. No person shall operate, drive, ride, park or leave standing any
automobile, truck, motorcycle, motor scooter, motorized bicycle, go cart or any other
motor vehicle or any other vehicle at any time in any park; provided, however, that the
and provided further that the provisions of this section shall not apply to any vehicle
lawfully engaged in any undertaking or enterprise within any public park of the City. No
for parking, without permission, may be towed away and stored by the City and said
removal and storage costs shall be charged to and paid by the owner prior to release.
,
B. Upon proof of valid California vehicle registration, proof of insurance as required
by the California Vehicle Code and proof of a valid driver's license, the operator of a
all tim� r frontdashboa f the y hicle or in a manner so that it is clearly visible
three gh the windshield /1246 10/66 2 C.1 1 1/80 447211/97_l
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, February 21, 2023 12:51 PM
To: Agenda Alerts 917-";'''i_"`777.7
Subject: FW: February 21 2023 meeting C ,, q. kje,4` gN
Meeting Date: --/-1-4123
From:Annilise Flanagan-Frankl<anniliseff@gmail.com> Agenda item No.; e"s'( - /3-4)
Sent:Tuesday, February 21, 2023 11:17 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: February 21 2023 meeting
I am unable to attend the meeting in person and wish to make a public comment on the following agenda items.
#23. I OPPOSE this item. HB needs to demonstrate it is an inclusive comment.
#24. This needs more information
#25. This needs more information.
#26. I OPPOSE this item. State law applies to ALL communities.
#27. I OPPOSE this item. To be an inclusive community the separation of church and state should not intersect.
This opens the door to unnecessary litigation.
Annilise Flanagan-Frankl
Annilise M. Flanagan-Frankl, M.A.
CounselingPsychologist
Nationally Certified School
Psychologist
Remember - the past is over, the future is a mystery,and today is a gift. That is why it
is called the PRESENT.
Make today count.
Call: 847-226-3119
i