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HomeMy Public PortalAboutOrdinances 926-1037ORDINANCE NO. 926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 9.22 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "JUVENILE DAYTIME LOITERING AND TRUANCY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 9.22, entitled "Juvenile Daytime Loitering and Truancy", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of February, 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg, and Fox. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 19th day of February, 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg, and Fox. NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By Brian DeFor:;.' ayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 926 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 5, 2008, and was duly adopted upon a second reading on February 19, 2008, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By Deputy City Cler'T 4 2 CHAPTER 9.22 JUVENILE DAYTIME LOITERING AND TRUANCY Sn� Section 9.22.010 Purpose Section 9.22.020 Definitions or Truancy Section 9.22.030 Daytime Loitering Section 9.22.040 Parental or Guardian Responsibility Section 9.22.050 Violation and Enforcement Section 9.22.010 Mmil The City Council is concerned with the level of juvenile delinquency, juvenile graffiti activity, and juvenile crime in the City. The City Council finds that juveniles who are not exempt from compulsory education are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang -related activities, and to be victims of older perpetrators of crime during daytime hours. The City Council believes that having an enforceable daytime loitering and truancy ordinance for juveniles who are not exempt from compulsory education requirements is critical to preserving the public health, safety and welfare. Section 9 2. 20ns "Emergency" means the unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to fire, natural disaster, automobile accident or requirement for immediate medical care for another person. "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. "Juvenile" means any person under eighteen years of age who is not emancipated pursuant to law. "Parent" means a person who is the natural or adoptive parent of a person. The term includes a court appointed guardian or other person eighteen years of age or older authorized by the parent, by a court order or by a court appointed guardian to have the care and custody of that juvenile. "Public place" means any place to which the public has access and includes but is not limited to streets, highways, parks and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls. 1 tion 9.22.030 Daytime Loiteriflt or Tru rev It is unlawful for any juvenile, who is subject to compulsory full-time education or to compulsory continuation education under state law, to remain in or upon any public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public or thepremises of any establishment, vacant lots, or other place away from his or her placerailway cbuildings, car, engine, truck or other vehicle without the consent of residence, including any of the owner or person rightfully in charge thereof during the hours and on days when the juvenile's school is in session. The provisions of this Section do not apply if: ed b his or her parent, legal guardian or other A. The juvenile is accompani y adult having the care and custody of the juvenile; or B. The juvenile is on an emergency errand directed by a parent, legal guardian or other adult having care and custody of the juvenile; or C. The juvenile is going to or coming directly from his or her place of employment; or D. The juvenile is going to or from a medical appointment; or E. The juvenile is a student who has permission to leave the school campus for lunch or school related activity, and has in his or her possession a valid, school - issued, off -campus permit; or F. The juvenile is going to or coming from a compulsory alternative education program activity; or G. The juvenile is attending or, without any detour or stop, going to or returning from an official school, religious, govemment-sponsored activity, or other recreational activity supervised by adults; or H. The juvenile is attending or, without any detour or stop, going to or returning from an event or activity directly related to the medical condition of the parent or legal guardian; or I. The juvenile is officially enrolled in home schooling; or J. The juvenile is exempt by law from compulsory education or compulsory continuation education; or K. The juvenile is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law. 2 Section 9,22.040 Parental or Guardian Responsibility It is unlawful for the parent or legal guardian of any juvenile to knowingly permit or, by insufficient control, to allow the juvenile to be in violation of Section 9.22.030 of this Chapter. Section 9.22.050 Violation and Enforcement A. Violation and Penalties. Each violation of the provisions of this chapter is a separate offense and is a misdemeanor. 1. Any juvenile convicted of a misdemeanor for violations of any section of this Chapter may be punished by a fine not exceeding three hundred dollars ($300.00) or by a requirement to perform City or school -approved work projects or community service or both. If required to perform a project, the total time for performance shall not exceed twenty (20) hours over a period not to exceed sixty (60) days, during times other than a juvenile's hours of school attendance or juvenile, parent or legal guardian's hours of employment. 2. Any parent or legal guardian violating any provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than three (3) months in the county jail or by both such fine and imprisonment. B. Enforcement. A peace officer may issue a citation to any juvenile, parent or guardian found to be in violation of this Chapter, and may detain any juvenile until the juvenile can be placed in the care and custody of a parent or legal guardian, or may transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and a parent or legal guardian shall appear in court as directed by the citation. 3 ORDINANCE NO. 927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 9.26 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "REPEAT CURFEW/DAYTIME LOITERING VIOLATORS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 9.26, entitled "Repeat Curfew/Daytime Loitering Violators", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of February, 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg and Fox. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 19th day of February, 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg, and Fox. NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By Brian DeForge, `tyor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 927 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 5, 2008, and was duly adopted upon a second reading on February 19, 2008, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) 2 CHAPTER 9.26 REPEAT CURFEW/DAYTIME LOITERING VIOLATORS Sections: Section 9.26.010 Purpose Section 9.26.020 Definitions Section 9.26.030 Police Service Fee Established Debt to City Section 9.26.040 Billing Section 9.26.050 Appeal Section 9.26.010 Purpose The City Council finds and determines that juveniles who are repeatedly detained and supervised by law enforcement personnel for violating curfew, truancy and daytime loitering laws impose an extraordinary burden on the manpower and resources of the City's Police Department because juveniles taken into custody must be supervised in an unsecured area of the police station until they are released to a parent or guardian. Law enforcement personnel needed to supervise juveniles are then unavailable to carry out law enforcement duties in the field which decreases the level of police protection thereby decreasing public safety in the community. One purpose of this Chapter is to inhibit crime committed by juveniles at night and by truants during the day and to defray the reasonable costs that the City incurs to provide extraordinary law enforcement services to respond to, detain and supervise repeat curfew, truant and daytime loitering violators. Section 9.26.020 Definitions As used in this Chapter, the following terms shall have the following meanings: "Repeat curfew or daytime loitering violator" means any minor (1) who has been detained and taken into custody by City law enforcement personnel on more than one occasion in a twelve-month period for violating Section 9.22.030 of this Code and (2) who has been adjudicated by the Riverside County Superior Court because said Court found it to be true that the minor violated Section 9.22.030 of this Code on more than one occasion in a twelve-month period. "Responsible party" means any parent, legal guardian, or other person in charge or control of a repeat violator. 1 Section 9.26.030 Police Service Fee Established—Debt to City A. A responsible party shall be liable to pay a police services fee whenever the City law enforcement personnel respond to, detain and supervise a repeat curfew, truant or daytime loitering violator. The City Council shall establish, from time -to -time, the amount of the police services fee by resolution. B. The police services fee charged to a responsible party shall be a debt to the City by the responsible party. Any responsible party owing money to the City pursuant to this Chapter shall be liable in an action brought by the City in its own name to recover such amount, including reasonable attorney's fees. Section 9.26.040 Billing The Chief of Police or his or her designee shall notify the Finance Department in writing of (A) the name and address of the responsible party; (B) the date and time of the initial violation and the repeat violation of Section 9.22.030 of this Code; (C) the names of the law enforcement personnel who responded to, detained and supervised the repeat curfew, truant or daytime loitering violator; and (D) the date that the repeat curfew, truant or daytime violator was adjudicated by the Riverside County Juvenile Court for the repeat violation. The Finance Department will bill the responsible party for the police services fee. Section 9.26.050 Appeal Any responsible party who receives a bill from the Finance Department pursuant to this Chapter may, within fifteen days after receiving such bill, file a written request with the City Clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific factual basis for the appeal. The responsible party is deemed to have received the bill on the third day following the date that the Finance Department caused the bill to be placed in the United States mail. The City Manager or his or her designee shall review any written appeal filed with the City Clerk pursuant to this Chapter and shall prepare written decision on the appeal within thirty days from the date that the written appeal is received by the City Clerk. All decisions by the City Manager or his or her designee shall be fmal. 2 ORDINANCE NO. 928 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING ADDING CHAPTER CHAPTER.24, DEALING WITII BEAUMONT MUNICIPAFCOOD AND HAZARD PREVENTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1: Chapter 15.24 is hereby repealed. SECTION 2: Chapter 15.24, attached hereto as Exhibit "A", is hereby added to the Beaumont Municipal Code. SECTION 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 19th day of February, 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel and Berg. NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 4th day of March, 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg, and Fox NOES: None ABSTAIN: None ABSENT: None Attest: Deputy City Cly k, City of umont %e,i-: r _) Mayor of the Ci , of Beaumont B. Require that land uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 15.24.40 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. "A" Zone" - see "Special flood hazard area". "Accessory structure" means a structure that is either: 1. Solely for the parking of no more than 2 cars; or 2. A small, low cost shed for limited storage, Tess than 150 square feet and $1,500 in value. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means a point on an alluvial fan or and similar Llanl fandform below ng can iichuch the flow path of the major stream that formed the fan becomes unpredictable r. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the" 100-year flood"). Base flood is the term used throughout this ordinance."Base flood elevation" means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, (BFE) ) Al -30, VE and V1 -V30 that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides. "Building" - see "Structure". "Development" means any man-made change to improved or unimproved real estate, including but not limited to 3 buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before 1978. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites bythe construction of facilities fortheh manufactured hther the pouring of concrete pads). es are to be affixed (including the installation of utilities, construction of streets, and either final site grading o "Flood, flooding, or flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and 2. The condition resulting from flood -related erosion. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both special flood hazards areas and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both special flood hazards areas and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report tInsurance Map, and the water surface includes flood profiles, the Flood Insurance Rate Map, he Flood Boundary and Floodway elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source - see "Flooding." "Floodplain Administrator" is the Director of Public Works or his/her designee. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this Chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93. 4 "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. "Fraud and victimization as related to Section 15.24.220 of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the following facts: (i) that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years; (ii) that 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 thecosts, inconvenience, anger, and suffering tat those increased flood damage ofunly may at very high flood insurance hase the perty, nsurance rates. unaware that it is subject to potential flood damage, and can be insured "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as used in Section 15.24.220 et seq. of this Chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City requires that the 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 ones neighbors likewise cannot, as a rule, qualify as an exceptional hardship. AH of these problems can be resolved through other means without granting a variance, edifferent alternative than originallym inten ive, or requires the property owner to build elsewhere or put the parcel a "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. 5 "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The anchoring standards in Section 15.24.160.A; b. The construction materials and methods standards in Section 15.24.160.B; c. The flood openings standard in Section 15.24.160.C.3; and d. The standards for utilities in Section 15.24.170. 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below -grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of Beaumont substantial damage/improvement procedures. See Section 15.24.130.6.1. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction", for floodplainand includes any subsequent improvements to such structures. tartof construction" commenced on or after 197 , "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after 1978. "Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One -hundred -year flood" or "100 -year flood" - see "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Section 15.24.220 et seq. of this ordinance, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. 6 "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a Tight -duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement deral f Wane al exposurethe ordinance or w with regard to thet teuctureise deterring future similar or other development. violations, or reducing State or "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet flow area" - see "Area of shallow flooding." bject to a 1 percnt or grater "Special flood hazard area (SFHA)" means an area in the floodplain on an FHBM or FIRM as Zone A, AO, Al A30, AEeA99, ore AH chance of flooding in any given year. It is shown "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are 7 the minimum necessary to assure safe living conditions; or 2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. "Violation" means the failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 'Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 15.24.60 LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all special flood hazard areas within the jurisdiction of City of Beaumont. 15.24.70 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for the City of Beaumont" dated April, 1978, with accompanying Rood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated October 17th 1978, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at City of Beaumont, 550 E. Sixth Street. 15.24.80 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City of Beaumont from taking such lawful action as is necessary to prevent or remedy any violation. 15.24.90 ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 15.24.100 INTERPRETATION. In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8 15.24.110 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of City of Beaumont, any officer or employee thereof, the State of Califomia, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 15.24.115 SEVERABILITY. This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 15.24.120 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Director of Public Works is hereby appointed to administer, implement, and enforce this Chapter by granting or denying development permits in accordance with its provisions. 15.24.130 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: A. Permit Review. Review all development permits to determine: 1. Permit requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; 2. All other required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Beaumont; and 5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. B. Develop Substantial Improvement and Substantial Damage Procedures. 1. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value." 2. Assure procedures are coordinated with other departments/divisions and implemented by community staff. 9 C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.24.70, the Floodplain Administrator shall obtain, state utilize floodadminister and floodway data available from a federal or agency, or ofersouce, n orderto the provisions of Section 15.24.160 et seq. Alternatively, a base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse: a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submit evidence of such notification to the Federal Emergency Management Agency; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2. Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Budding Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries: rate boundaries havbeen fied Notify FEMA means aninclude a copy of a map oof the City clearly dee eat ng thet new cannexation corporate other me E. Document Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: 1. Certification required by Section 15.24.160.C.1 and Section 15.24.190 (lowest floor elevations); 2. Certification required by Section 15.24.160.C.2 (elevation or floodproofing of nonresidential structures); 3. Certification required by Sections 15.24.160.C.3 (wet floodproofing standard); 10 4. Certification of elevation required by Section 15.24.180.A.3 (subdivisions and other proposed development standards); 5. Certification required by Section 15.24.210.B (floodway encroachments); and 6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.24.150. G. Remedial Action. Take action to remedy violations of this Chapter as specified in Section 15.24.80. H. Biennial Report. Complete and submit Biennial Report to FEMA. I. Planning. Assure City's General Plan is consistent with floodplain management objectives herein. 15.24.140 DEVELOPMENT PERMIT. A development permit shall be obtained before any construction or other development, including manufactured homes, be made special establishedood hazard areas furnished by the City.The applicant shall provide thecation for a within any following development permit shall minimum information: A. Plans in duplicate, drawn to scale, showing: 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of the regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 15.2470 or Section 15.24.130.C; 6. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and 7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.24.160.C.2 of this ordinance and detailed in FEMA Technical Bulletin TB 3-93. B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.24.160.C.2. C. For a crawl -space foundation, location and total net area of foundation openings as required in Section 15.24.160.C.3 of this ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93. 11 D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appropriate certifications listed in Section 15.24.130.E of this Chapter. 15.24.150 APPEALS. The City Council of City of Beaumont shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. 15.24.160 STANDARDS OF CONSTRUCTION. In all special flood hazard area the following standards are required: A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored flootation, collapse or lateral movement ads, including the effects of buoyancyf the structure resulting hydrostatic from hydrodynamic and y B. Construction Materials and Methods. All new construction and substantial improvements of structures, be constructed: 1. With flood resistant materials, and utility equipment resistant base flood elevation; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing. 1. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: a. In AE, AH, A1-30 Zones, elevated to or above the base flood elevation. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified. c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation; as determined under Section 15.24.130.C. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community including manufactured homes, shall to flood damage for areas below the 12 building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 2. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 15.24.160.C.1 or: a. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 15.24.160.C.1, so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or architect that the standards of Section 15.24.160.C.2.a & b are satisfied. Such certification shall be provided to the Floodplain Administrator. 3. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which 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 must meet the following minimum criteria: a. For non -engineered openings: 1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and 4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered civil engineer or architect. 4. Manufactured homes. a. See Section 15.24.190. 5. Garages and low cost accessory structures. a. Attached garages. 1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 15.24.160.C.3. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 15.24.160.B. 2. A garage attached to a nonresidential structure must meet the above requirements or be 13 dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB -6. b. Detached garages and accessory structures. 1. "Accessory structures" used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 15.24.50, may the constructed such that its floor is below the base flood elevation (BFE), provided structure is designed and constructed in accordance with the following requirements: a) Use of the accessory structure must be limited to parking or limited storage; b) The portions of the accessory structure located below the BFE must be built using flood -resistant materials; c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE; e) The accessory structure must comply with floodplain encroachment provisions in Section 15.24.210; and f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 15.24.160.C.3. 2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 15.24.160. 15.24.170 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems; and 2. Discharge from the systems into flood waters. B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. 14 15.24.180 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT. A. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 Tots or 5 acres, whichever is the lesser, shall: 1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation, the following as -built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade. B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. 15.24.190 STANDARDS FOR MANUFACTURED HOMES. A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. ured B. All manufactured homes to be placed or substantially and AE on the comtes in an existing munity's �s Flood Insurance Rate home park or subdivision within Zones A1-30, AH, Map that are not subject to the provisions of Section 15.24.190.A will an ly anchored foundation system to resist flotat on, collapse, and lateral movement, to adequatelyynd be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation; or 2. Manufactured home chassis is supported by reinforced piersin or otherefoundation grade. n elements of at ac least equivalent strength that are no Tess than 36 height 15 vation f the lowest floor ng basement be Upon the completion of the structure,surveyor, and verified by the clom'munity building instlol be a registered civil engineer or licensed land urveyor properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 15.24.200 STANDARDS FOR RECREATIONAL VEHICLES. A. All recreational vehicles placed in Zones Al -30, AH, and AE will either: 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of Section 15.24.140 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 15.24.190.A. 15.24.210 FLOODWAYS. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City. B. Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer isoccurrence of thee base flood discharroposed geshalt not result in any increase in flood levels during the C. If poeds 15.24.210.A went shall comply and B are withall aleother applicw able flood hazard reduction provisionsof other proposed new develop Section 15.24.160 et seq. 15.24.220 NATURE OF VARIANCES. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The variance criteria set forth in this section of the Chapter 15 are based on the general principle of zoning law that variances pertain to real property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. An objective of the City is to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this Chapter are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. 16 15.24.230 CONDITIONS FOR VARIANCES. A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or Tess in size contiguous to and surrounded by tots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.24.120 through 15.24.210 of this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15 24.50) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the City need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City believes will both provide relief and preserve the integrity of the local ordinance. E. Any applicant to whom a variance is granted shall be given written notice over the signature of a City official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for each $100 of insurance coverage, and 2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice be recorded by the Floodplain Administrator in the Office of the County of Riverside Recorder in a manner so that it appears in the chain of title of the affected parcel of land. F. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. 15.24.240 APPEAL BOARD. A. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. Importance of the services provided by the proposed facility to the City; 5. Necessity to the facility of a waterfront location, where applicable; 17 6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. Compatibility of the proposed use with existing and anticipated development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety of access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. B. Variances shall only be issued upon a: 1. Showing of good and sufficient cause; and 2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and 3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. C. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.24.240.A through 15.24.240.D are satisfied and that the structure or other development is protected by methods to pthat minimize flood ublic damages eateuring the base a public nuisance. and does not result in additional threatspublic safety and does not D. Upon consideration such conditions to onsthe granting of v Council.A and the purposes of this Chapter, the City attach may variances as it deems necessary to further the purposes of this ordinance. 18 City of Beaumont 550 E. 6th Street Beaumont, (A 92223 (951) 769-8520 FAX (951) 769-8523 Email: cityhall@ci.beaumont.ca.us www.ci.beaumont.ca.us co LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, February 5, 2008 and February 19, 2008 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 929 An Ordinance of the City Council of the City of Beaumont, California amending Chapter 10.36 of the Beaumont Municipal Code Entitled "Bicycles" It is the purpose and intent of this Ordinance to amend Chapter 10.36 of the Beaumont Municipal Code to define requirements for the markings of "bikeways" within the City of Beaumont; and to prohibit bicycles from sidewalks adjacent to "bikeways' within the City. Ordinance No. 929 was adopted at its second reading on February 19, 2004 by the following vote: AYES: Mayor DeForge, Council Members Killough, Dressel, and Berg. NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: February 27, 2008 Shelby Hanvey, • uty City Cl Published: Press Enterprise — One Time on March 3, 2008 ORDINANCE NO. 929 AN ORDINANCE OF THE CITYCALIFORNIACNCIL OF THE CITY OF BEAUM AMENDING CHAPTER 10.36 OF THE MBUNICIPAL UNICIPAL CODE ENTITLED "BICYCLES" BE IT ORDAINED BY THE CITY COUNC A O F LL CIIWS OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA Section 1: Chapter 10.36, entitled `Bicycles", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of February, 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg and Fox. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 19th day of February, 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Dressel, Berg, and Fox. NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By 0:16 Brian DeForg=f ayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 929 duly introduced at a5, 2008, and was regular meeting of the City Council of the City of Beaumont held rollon February brrcalvoy 5s indicated08,a duly adopted upon a second reading on February 19, 2008, by therein. CITY OF BEAUMONT By (SEAL) AAAAggiallgy Deputy City Clerk 2 CHAPTER 10.36 BICYCLES Sections: Section 10.36.010 Defmitions Section 10.36.020 Designation of Bikeways Roadways Section 10.36.040 Riding Section 10.36.030 Restrictions S Sidewalks Prohibited Section 10.36.010 Definitions The following definitions shall apply to the terms used in this Chapter: A. "Bicycle" shall mean a device upon which any person may ride, propelled sivel byhuman power through a belt, chain or gears, and having either two or three wheels exclu Y in a tandem or tricycle arrangement. B. "Bikeway" means all facilities that provide primarilyrfor bicycle travel. For purposes of this Chapter, bikeways shall be categorized 1. Class I Bikeways, such as a "bike path," which provides aompianely separated right-of-way designated for the exclusive use of bicycles and pe destrwith crossflows by motorists minimized. 2. Class II Bikeways, such as a "bike lane," which hicle provide arking and pedestrians of -way designated for the exclusive use of bicycles withrmirki Class II prohibited, but with crossflows by pedestrians and motorists pe the adjacent curb Bikeways shall either (a) be posted with `bio Parking" signs, or (b) shall be painted red. 3. Class III Bikeways, such as an on -street o ehaz�e which provide a right-of-way designated by signs or permanent markings and with pedestrians or motorists. Section 10.36.020 Designation of Bikeways the The streets or portions of streets designated for Class s 11 and Class on of the Bite Cannys ahand days and times of such designations d shall be signed approplished riatelyby. such Bikeways shall be marked 1 Section 10.36.030 Restrictions on Ridin in Roadways A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. B. Persons riding bicycles upon a roadway shall not ride more than two abreast. C. Whenever a Class I Bikeway has been provided, bicycle riders shall use the bike path and shall not use the roadway. Section 10.36.040 Ridin on Sidewalks Prohibited Except for authorized police bicycle patrols, no personpshall of a bicycle i such l upon by sidewalk adjacent to a Bikeway, unless signs are erected permitting bicycles. THE PRESS -ENTERPRISE 3512 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 929 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 03-03-08 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Mar , 108 At: Riva -ide, alifornia BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9107760 PO #: Agency #: Ad Copy: CITY OF BEAUMONT 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8523 LEGAL NOTICE NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, February 5, 2008 and Febru- ary 19, 2008 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regard- ing the adoption of the follow- ing matter(s): Ordinance No. 929 An Ordinance of the City Council of the City of Beau- mont, California amending Chapter 10.36 of the Beau- mont Municipal Code Enti- tled "Bicycles* It is the purpose and intent of this Ordinance to amend Chapter 10.36 of the Beau- mont Municipal Code to define requirements for the marking of "bikeways" within the City of Beaumont; and to prohibit bi- cycles from sidewalks adja- cent to "bikeways" within the City. Ordinance No. 929 was adopted at its second reading on February 19, 2008 by the following vote: AYES: Mayor DeForge, Coun- cil Members Killough, Dressel, and Berg. NOES: None ABSTAIN: None ABSENT: Council member Fox Date: February 27, 2008 /s Shelby Hanvey Deputy City Clerk 3/3 ORDINANCE NO. 930 AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTERS 15.03, 15.04, 15.08, 15.10, 15.11, 15.12, 15.13, 15.16, 15.17 AND 15.19 OF THE BEAUMONT MUNICIPAL CODE RELATING TO THE ADOPTION OF UNIFORM CODES AND STANDARDS FOR BUILDINGS AND CONSTRUCTION WHEREAS, the City of Beaumont, in administering construction activities in the City employs the codes and standards published by the International Code Council, as the California Code of Regulations Title 24 Parts 1-12, known as the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code and the California Energy Code, upon the adoption of said standards by the California Building Standards Commission; and WHEREAS, the City of Beaumont periodically is required to update its Municipal Code to reflect the latest published editions of the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code and the California Energy Code, as said codes are adopted by the California Building Standards Commission; and WHEREAS, the City of Beaumont anticipates continuing to employ the latest published codes of the International Code Council, as the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code and the California Energy Code, as they are adopted by the California Building Standards Commission: and WHEREAS, this ordinance will eliminate the need to amend the Municipal Code simply to adopt and employ the latest codes published by the International Code Council, as the California Building Code, California Electrical Code, California Plumbing Code, California Mechanical Code and the California Energy Code, by referencing the latest available versions as adopted by the California Building Standards Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AS FOLLOWS: SECTION 1: Municipal Code Sections 15.04, 15.12, 15.16, 15.17 and 15.20 are hereby repealed, SECTION 2: Municipal Code Sections 15.03, 15.04, 15.08, 15.10, 15.11, 15.12, 15.13, 15.16, 15.17 and 15.19 are hereby added to the Beaumont Municipal Code to read as follows: Title 15 BUILDINGS AND CONSTRUCTION Chapters: 15.03 Administration 15.04 Building Code 15.08 Building Fees 15.10 California Elevator Safety Construction Code 15.11 California Historical Building Code 15.12 Electrical Code 15.13 California Existing Building Code 15.16 Plumbing Code 15.17 Mechanical Code 15.19 Energy Code Sections: 15.03.010 15.03.020 Chapter 15.03 ADMINISTRATION Adoption of Appendix Chapter 1, Administration Amendments to Appendix Chapter 1, Administration 15.03.010 Adoption of Appendix Chapter 1, Administration Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volume 2, Appendix Chapter 1 "Administration," including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. 15.03.020 Amendments to Appendix Chapter 1, Administration The Administrative code is amended in part as follows: Section 105, Permits is amended to read as follows: 105.2(4)Work exempt from permit "Retaining walls not over three (3) feet in height measured from top of footing to top of wall, unless supporting a surcharge or impounding class I, II or IIIA liquids." 105.3.2 Time limit of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 108 Fees is amended to read as follows: 108.1.1, Plan Review Fees When submittal documents are required by Section 106.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as established by the Building Official. The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official. 108.4 Work commencing before permit issuance Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 108.4.1 Investigation fee An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the minimum fee as defined in Section 108.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 108.6 Fee Refunds The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 108.7 Re -inspections A re -inspection fee may be assessed for each inspection or re -inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Re -inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re -inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re -inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re -inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 109 Inspections is amended to read as follows: 10933 Lathe and gypsum board inspections The exception is deleted in its entirety. Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Violation—Penalty 15.04.010 Adoption of California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, Group U—"Agricultural Buildings", Appendix F "Rodent Proofing", Appendix I "Patio Covers", and Appendix J "Grading", is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefore; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this Chapter without further action by the City Council. 15.04.020 Amendments to the California Building Code. The Building Code is amended in part as follows: Chapter 18: SOILS AND FOUNDATIONS, Section 1801.1 is amended to add: "Where relevant to grading, drainage and soil investigation, `Building Official' shall also mean and include City Engineer/Director of Public works or his/her designee." Appendix "J" GRADING, Section J101.2 is amended by adding: "Wherever the word `Building Official' is used, it shall also mean and include City Engineer/Director of Public Works or his/her designee." Section J109.4 is amended to read: "Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer/Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer." Section J110 -Erosion Control – first paragraph is amended to read: "General. The faces of cut and fill slopes and graded surfaces shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting and other practicable means." 15.04.030 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Building Code is an infraction. Sections: 15.08.010 15.08.020 Chapter 15.08 BUILDING FEES Permit Issuance Fees Additional Fee 15.08.010 Permit Issuance Fees. The following fees, the amount of which shall be established from time -to -time by action of the City Council, shall be collected prior to the issuance of a permit: A. Plan Check Fees and Deposits. B. Permit Fees. C. Re -inspection Fees. 15.08.020 Additional Fee. In addition to the permit fees, the following fee is to be collected prior to the issuance of a permit: Strong Motion Instrumentation Program (SMIP), 0.007 percent per thousand dollars of valuation with a minimum of fifty cents for each permit. (S.B. 1374 Chapter 1152 ALQUIST). Chapter 15.12 ELECTRICAL CODE Sections: 15.12.010 Adoption of California Electrical Code 15.12.020 Violation—Penalty 15.12.010 Adoption of California Electrical Code. Except as otherwise provided in this Chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code. 15.12.020 Violation—Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Electrical Code is an infraction. B. It shall be a violation of this Chapter, punishable as an infraction, for any person, firm or corporation to make connection from a source of electrical energy to an installation for which a permit is required, unless such person, firm or corporation has obtained a certificate of approval from the building inspector that such wiring devices, appliances or equipment are in conformity with all the requirements of this code. Chapter 15.16 PLUMBING CODE Sections: 15.16.010 Adoption of California Plumbing Code 15.16.020 Violation—Penalty 15.16.010 Adoption of California Plumbing Code. Except as otherwise provided in this Chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City. 15.16.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Plumbing Code is an infraction. Chapter 15.17 MECHANICAL CODE Sections: 15.17.010 Adoption of California Mechanical Code 15.17.020 Violation—Penalty 15.17.010 Adoption of California Mechanical Code. Except as otherwise provided in this Chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City. 15.17.020 Violation—Penaltv. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Mechanical Code is an infraction. Section 3: This ordinance shall take effect as provided by law. MOVED AND PASSED this 4th day of March, 2008 by the following vote: AYES: Mayor DeForge, Council Members Killough, Berg, Fox, and Dressel NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED, and ADOPTED, this 18th day of March, 2008 by the following vote: AYES: Mayor DeForge, Council Members Killough, Berg, Fox, and Dressel. NOES: None ABSTAIN: None ABSENT: None A"1"1'hST: Deputy City Cle Mayor Brian Dge ORDINANCE NO. 931 AN ORDINANCE OF THE CITY OF EAUMONTrMUNICIPAL CALIFORNIA, DE AMENDING CHAPTER 15.20 OF THE ADOPTING BY REFERENCE COUNTY OF RIVERSIDE FIRE ORDINANCE NO. 787.3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AS FOLLOWS: SECTION 1: Chapter 15.20 of the Beaumont Municipal Code is hereby amended in its entirety, as more particularly set forth as Exhibit A, which is attached hereto and made a part hereof SECTION 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED this 18th day of March, 2008 by the following vote: AYES: Mayor DeForge, Council Members Killough, Berg, Dressel and Fox NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED, and ADOPTED, this 1st day of April, 2008 by the following vote: AYES: Mayor DeForge, Council Member Killough, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Fox 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 21 22 23 24 25 26 27 28 compilation preceded by the words "Riverside County Fire Code Section" or "International Fire Code Section" or "Fire Code Section." 6. That added protection from new development is necessary to supplement normal Fire Department response resources available in areas impacted by new development to provide immediate fire protection for life and safety of single family residential and multiple -occupancy occupants during fire occurrence. The additional requirements and standards herein, including but not limited to enhanced on-site protection of property and occupants, are necessary to properly protect the health, safety, and welfare of the existing and future residents and workers of Riverside County based upon the following: a. Climatic Conditions: Generally, Riverside County has an arid climate. Annual rainfall varies from three (3) inches in Blythe to over thirty three (33) inches in Pine Cove. Hot, dry Santa Ana winds are common to areas within Riverside County. These winds constitute a contributing factor for small fires that originate in high density developments to spread quickly and create the need for an increased level of fire protection. b. Geologic and Topographic: 1. Riverside County includes deserts, mountains, brush covered wild lands, and agricultural lands. Elevation ranges from three hundred (300) feet below sea level (Salton Sea) to mountains over ten thousand (10,000) feet high. Topography extends from flat to 25% slope for habitable land. ORD. 787 - PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Traffic and circulation congestion in urban areas are an impetus to extreme travel distances in rural and wild land areas, often increasing Fire Department response time to emergencies, thus increasing risk to life and property, thus creating a need for enhanced on-site protection. 3. There are two major earthquake faults which bisect the County; 1) the San Andreas Fault, and 2) the San Jacinto Fault. In addition, there are numerous minor faults throughout the County. A substantial amount of property and persons located within Riverside County are substantially likely to be impacted by earthquakes, landslides, wind erosion, blown sand, flooding, and wildfires. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to revenue limiting state legislation, have made it difficult for the Fire Department to locate additional fire stations and provide staffing sufficient to concentrate fire companies and personnel to control fires in single and multi -story retail, commercial, and industrial buildings, making enhanced, built-in protection necessary. B. ADOPTION OF INTERNATIONAL AND STATE FIRE CODES. The Board of Supervisors of the County of Riverside hereby adopts as amended, revised and supplemented: 1) the California Fire Code edition 2007 California Code of Regulations Title 24 Part 9, Appendices Chapter A, B, C, E, F, G, and H together with the 2007 California Building Code and, each in its entirety, with the exception of Appendix D of the California Fire Code. The provisions of the above referenced ORD. 787 - PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 codes, standards and appendices shall apply to all of the unincorporated areas of Riverside County, and shall apply to incorporated areas of Riverside County through ratification. The provisions of the above referenced codes, standards and appendices together with Chapter 7A of the California Fire Code regarding materials and construction methods for exterior wild fire exposure, as appropriate, shall apply to all of the unincorporated areas of Riverside County, and shall apply to incorporated areas of Riverside County through ratification. The provisions of the above -referenced codes, chapters, standards and appendices adopted shall include any amendments, revisions and supplements made subsequent to the adoption of this ordinance. Section 3. AMENDMENTS TO THE CALIFORNIA FIRE CODES. The Codes, Chapters, Standards and Appendices are amended as specifically set forth in the following Chapters herein: CHAPTER 1 APPENDIX ADMINISTRATION PERMITS — page 6 CHAPTER 2 DEFINITIONS — page 9 CHAPTER 4 EMERGENCY PLANNING AND PREPARDNESS — page 10 CHAPTER 5 FIRE SERVICE FEATURES — page 10 CHAPTER 6 BUILDING SERVICES AND SYSTEMS — page 17 CHAPTER 9 FIRE PROTECTION SYSTEMS — page 17 CHAPTER 22 MOTOR FUEL DISPENSING FACILITIES — page 24 CHAPTER 23 HIGH PILED COMBUSTIBLE STORAGE — page 25 CHAPTER 25 TIRE REBUILDING AND TIRE STORAGE — page 26 CHAPTER 33 EXPLOSIVES AND FIRE WORKS — page 26 ORD. 787 - PAGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHAPTER 35 FLAMMABLE GASES page — page 29 CHAPTER 38 LIQUIFIED PETROLEUM GASES — page 30 APPENDICIES — page 30 PENALTIES — page 31 CHAPTER 1 ADMINISTRATION PERMITS. Section 101.4 of the California Fire Code is hereby amended to read as follows: Section 101.4. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 103.4 of the California Fire Code is hereby amended to read as follows: Section 103.4. LIABILITY. Any liability against the County of Riverside or any officer or employee shall be as provided for in California Government Code and case law. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in ORD. 787 - PAGE 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectable by the County of Riverside, or political subdivision thereof if incorporated, in the same manner as in the case of an obligation under contract, expressed or implied. Section 104.1of the California Fire Code is hereby amended to read as follows: Section 104.1. AUTHORITY OF THE FIRE CHIEF AND THE FIRE DEPARTMENT. The chief is authorized to administer, interpret and enforce the California Fire Code. Under the chief's direction, the Riverside County Fire Department is authorized to enforce all ordinances of the County of Riverside pertaining to: (1) The prevention of fires. (2) The suppression or extinguishment of dangerous or hazardous fires. (3) The storage, use and handling of hazardous materials. (4) The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment. (5) The maintenance and regulation of fire escapes. (6) The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction. (7) The maintenance of means of egress. (8) The investigation of the cause, origin and circumstance of fire and unauthorized releases of hazardous materials. Section 104.2.1 of the California Fire Code is hereby added to read as follows: Section 104.2.1. SERVICE AND PERMIT FEES. Fees for services and permits shall be as set forth in Riverside County Ordinance No. 671. Payment shall be made at the time of application or as otherwise provided for in Riverside County Ordinance 671. ORD. 787 - PAGE 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fees for reproduction of documents shall be $ 15.00 per record. Fees for reproduction of photographs shall be $ 3.00 per picture. Section 104.3 of the California Fire Code is hereby amended to read as follows: Section 104.3. FIRE DEPARTMENT PERSONNEL AND PEACE OFFICERS. (1) The chief and his or her designees are authorized and directed to enforce all applicable State fire laws and the provisions of this code and he shall perform such related duties as may be fixed by the Board of Supervisors, and for such purposes, he or she shall have the power of a peace officer. (2) The following persons are hereby authorized to interpret and enforce the provisions of this Code (except as provided in Section 101.4) and to make arrests and issue citations as authorized by law: 1. The Unit Chief and peace officers and public officers of the California Department of Forestry and Fire Protection. 2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department. 3. The Riverside County Sheriff and any Deputy Sheriff. 4. The Police Chief and any Police Officer of any city served by the County Fire Department. 5. Officers of the California Highway Patrol. 6. Peace Officers of the California Department of Parks and Recreation. 7. The law enforcement officers of the Federal Bureau of Land management. Section 104.6.5 of the California Fire Code is hereby amended to read as follows: Section 104.6.5. Records and Reports requests for copies of public and legal documents, photographs, etc., relating to department activities are available as authorized by law through ORD. 787 - PAGE 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Fire Department's Custodian of Records. All document requests shall be in writing, accompanied by a check made payable to the Riverside County Fire Department, in the amount(s) set forth in Section 104.2.1 Section 105.6.14 of the California Fire Code is hereby amended to read as follows: Section 105.6.14. EXPLOSIVES. An operating permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive material, fireworks or pyrotechnic special effects. The determination of the Fire Chief with concurrence of Sheriff, or Chief of Police, shall be obtained and is final. The chief may impose conditions and procedures as to protect the public health and safety based upon the blasting operation. The chief, shall provide the blaster with the additional conditions or procedures in writing and the blaster shall comply with them until the blasting permit expires or the Sheriff is satisfied they are no longer required and cancels the additional requirements. The blaster shall permit the chief or his designee, to inspect the blast site, blast materials, explosives or explosive storage magazines at any reasonable time. CHAPTER 2 DEFINITIONS. Section 202 of the California Fire Code is hereby amended to add the following to the list of definitions: FIRE CHIEF OR CHIEF shall mean the Fire Chief of the County of Riverside or his authorized representative. HAZARDOUS FIRE AREA is land other than state designated fire hazard severity zone of FHSZ or local designation of FHSZ which is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or ORD. 787 - PAGE 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 would result in great and unusual damage through fire or resulting erosion. Such areas are designated on the maps entitled "Hazardous Fire Areas of Riverside County" on file in the office of the Clerk of this Board and in the office of the Fire Chief. "High-rise Building" or "High-rise structure" means every building of any type of construction or occupancy located more than 75 feet above the lowest floor level of fire department vehicular access. Mid -rise Building: or Mid -rise structure" means buildings measured from 55 feet to 75 feet above the lowest floor level of fire department vehicular access. MODEL ROCKET shall mean any toy or educational device which weighs no more than 500 grams, including the engine and any payload that is propelled by model rocket engine. MODEL ROCKET ENGINE shall mean a commercially manufactured, non -reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user. CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS. Section 404 of the California Fire Code is hereby amended to add: Section 404.2. #14 FIRE SAFETY AND EVACUATION PLANS. Where Required. An approved fire safety and evacuation plan shall be prepared and maintained for the following occupancies and buildings: 14. Windowless buildings having an occupant load of 50 or more. CHAPTER 5 FIRE SERVICE FEATURE. Section 501.2 of the California Fire Code is hereby amended to add: ORD. 787 - PAGE 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 501.4. TIMING OF INSTALLATION. Fire apparatus access roads and a permanent water supply for fire protection shall be installed and made serviceable prior to and during the time of construction. Temporary street signs shall be installed at each intersection when construction of new roadways allows passage by vehicles in accordance with section 505.2 set forth hereinbelow. Section 503.1 of the California Fire Code is hereby amended to add: Section 503.1. Where Required. Fire apparatus access roads shall be provided and maintained in accordance with Section 503.1.1 through 503.1.3 set forth hereinbelow. The Riverside County Fire Department shall be the only authority authorized to designate fire lanes. Section 503.1 of the California Fire Code is hereby amended to add: Section 503.1.1. Exception: Delete provision #3 in its entirety. Add Sections 503.1.1.2, and 503.1.1.3 as follows: Section 503.1.1.2. FENCES. When fences are installed that cause the distance from an approved fire department access road to exceed the maximum distance allowed in Section 503 herein, a gate shall be provided in the fence to maintain the required fire department access. The gate shall be a minimum four (4) feet in width and be equipped with a key box and or lock accessible from both sides in accordance with Section 506 herein. 503.1.1.3 Other obstructions to access. When other obstructions are installed that cause the distances from an approved fire department access road to exceed the maximum distance allowed in Section 503 herein, the Fire Chief is authorized to require additional fire protection as specified in Section 901.4.3 herein. ORD. 787 - PAGE 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 503.2.1.1 of the California Fire Code is hereby amended to add: Section 503.2.1.1. Loading areas and passage drop-off areas. On private property, where fire apparatus access roads are utilized for loading or unloading or are utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the fire apparatus access road. This width is in additional to the minimum required access road width. Section 503.2.7 of the California Fire Code is hereby amended to add: Section 503.2.7. The grade of the fire apparatus access road shall be within the limits established by the Fire Chief based on the fire department's apparatus, however, no grade will exceed 15 percent. At the end of the first paragraph, add: Grade transitions shall not exceed Riverside County Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. Section 503.3 of the California Fire Code is hereby amended to add: Section 503.3. Fire apparatus access roads shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. Where no curb exists or a rolled curb is installed, a 6 inch wide red strip or approved posted signs applied the full length of the fire apparatus access road shall be installed. (See Riverside County Fire Department standard that is incorporated herein by reference). Exception: On school grounds this requirement shall be implemented as approved by the Chief. Section 504.1 of the California Fire Code is hereby amended to add: Section 504.1. ORD. 787 - PAGE 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Key boxes and padlocks required for fire department access shall be in accordance with Section 506. Section 504.1. shall be further amended by adding the following sentence at the end of the first paragraph: "Finished grade to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Distance from building for finish grade shall be flat as required by the Fire Chief. Obstructions will not be placed as to interfere with ground ladder placement." Section 505.4 of the California Fire Code is hereby amended to add: Section 505.4. Multiple buildings at a single address. Each building shall display its specific alphabetic or numerical designation that shall be clearly distinguishable from the fire apparatus access road. Section 508.1 of the California Fire Code is hereby amended to add: Section 508.1. - Required Water Supply An approved permanent water supply capable of supplying the required fire flow for fire protection shall be provided by the developer prior to the commencement of construction to all premises upon which buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction of Riverside County. Water supplies for fire protection and hydrants shall be in accordance with Appendix B and Appendix C of the California Fire Code. Section 508.2.1 of the California Fire Code is hereby amended as follows: Section 508.2.1. — Private Fire Service Mains. Private fire service mains and appurtenances shall be installed in accordance with NFPA 24, and the applicable provisions of NFPA 13. Section 508.3 of the California Fire Code is hereby amended as follows: ORD. 787 - PAGE 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 508.3. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method acceptable to the Fire Chief or Appendix B of the California Fire Code. Section 508.4 of the California Fire Code is hereby amended as follows: Section 508.4. Water supply test. The Fire Chief shall be notified, when required, prior to the water supply test. Water supply tests shall be witnessed by the Fire Chief when required by the Fire Chief. Documentation which shall be provided to the Fire Chief prior to plan review. Section 509.1 of the California Fire Code is hereby amended to add: Section 509.1. Features. Where required by other sections of this code and in all buildings classified as high-rise buildings by the CBC and as amended by this code for buildings between 55 to 75 feet in height a fire command center for fire department operations shall be provided. The Fire Command Center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the Fire Chief. The fire command center shall be separated from the remainder of the building by not less than a (delete 1) 2 -hour fire barrier constructed and in accordance with section 706 of the California Building Code or horizontal assembly constructed in accordance with section 711 of the California Building Code, or both. The room shall provide direct access from the building exterior at the lowest level of fire department access and be a minimum of 96 square feet with a minimum dimension of eight feet. A layout of the fire command center and all features required by this section to be contained therein shall be submitted for approval prior to installation. The fire ORD. 787 - PAGE 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 command center shall comply with NFPA 72 and the applicable provisions of the Electrical Code, and shall contain the following features: 1. The emergency voice/alarm communication units shall comply with section 907.2.12.2 of the California Fire Code. 2. Survivability. Interconnecting cables between the Fire Command Center and the remote control equipment within evacuation signaling zones, and notification appliance control equipment within notification zones shall be protected from attack by Fire. Section 509.1.1. Mid -rise buildings shall be enhanced with high-rise provisions as set forth in Section 509.1 of the California Fire Code. The Fire Command Center located inside of enhanced buildings shall contain the following features: 1. An emergency voice/alarm communication system unit, 2. A Fire -detection and alarm annunciator system, 3. Status indicators and controls for air -handling systems, 4. The firefighter's control panel required by section 909.16 herein for smoke control systems installed in the building, 5. Controls for unlocking stairwell doors simultaneously, 6. Sprinkler valve and water -flow detector display panels, 7. Emergency and standby power status indicators, 8. Fire pump status indicators, and 9. Schematic building plans indicating the typical floor plan and detailing the building core, means of egress, fire protection systems, fire -fighting equipment and fire department access. Section 509.2 of the California Fire Code is hereby amended to add: ORD. 787 - PAGE 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 509.2. Fire Command Center Identification. The fire command center shall be identified by a permanent and easily visible sign stating "Fire Dept. Command Center" located on all doors to the fire command center.(See Fire Department Standards.) Sections commencing with 511.01 of the California Fire Code are hereby added: Section 511.01. Radio Coverage Section 511.01.1. Except as otherwise provided in this article, no person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate voice and/or data radio coverage for any emergency response personnel within the structure or the area immediately surrounding the structure or building. A final inspection shall not be approved for any building or structure that fails to comply with this requirement. Section 511.01.2. When required by the Fire Chief, approved radios, repeaters, relays, signal amplifiers, antennas, coaxial cables, passive signal conductors, conduits and access, secondary power source and other equipment as determined shall be provided within buildings to ensure emergency response personnel radio and data communications to from and surrounding buildings and structures and emergency communications centers. (See Fire Department Standards.) Section 511.02 of the California Fire Code is hereby amended as follows: Section 511.02. Scope Section 511.02.1. The provisions of this article shall apply to any new residential or commercial buildings or structures or any commercial tenant improvements that affect more than twenty five percent (25%) of the square footage of the existing building or structure, that are determined to be within Riverside County Fire Department established ORD. 787 - PAGE 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 marginal or non-existent radio coverage areas. Any construction as defined above will be subject to review by the Riverside County Fire Department Planning and /or Communications Division and the developer and/or building owner may be responsible for improving Fire Department communications in the affected area. Any construction performed in these areas will be subject to the addition of new communications facilities, if needed, and/or the addition of public safety radio system enhancement equipment in the building, to enhance radio coverage to and from existing communications facilities. (See Fire Department Standards.) Section 511.03.2 of the California Fire Code is hereby amended to add: Section 511.03.2. At the time the building permit is issued, the Riverside County Fire Department's Communication and Technology units, in cooperation with appropriate fire and law enforcement departments, shall determine the frequency range or ranges that must be supported. For the purpose of this section, adequate radio coverage shall constitute a successful communications test between the building and the communications centers for all appropriate emergency service providers for the building. Section 512 of the California Fire Code is hereby amended to add: Section 512. Fire Department Breathing Apparatus Air Systems. All buildings having floors used for human occupancy located five (5) stories or more above or below the lowest level of fire department vehicular access shall be equipped with an approved breathing apparatus air refilling system. Such system shall provide an adequate pressurized air supply through a permanent piping system for the replenishment of self contained breathing apparatus carried by fire suppression, rescue and other personnel in the performance of their duties. Location and specification of ORD. 787 - PAGE 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 access stations, and the installation of such breathing apparatus air refilling system shall be made in accordance with the requirements and standards of the Fire Chief. (See Fire Department Standards.) CHAPTER 6 BUILDING SERVICES AND SYSTEMS. Section 606.8 of the California Fire Code is hereby amended as follows: Section 606.8. Machinery rooms that use refrigerant shall have a detector with audible and visual alarms. The alarm signaling devices shall comply with the audible and visual requirements from NFPA72. The detector, or a sampling tube that draws air into to the detector, shall be located in an area where a refrigerant leak may be expected to concentrate. The alarm shall be actuated at a value not greater than the corresponding TLV -TWA values shown in the California Mechanical Code for the refrigerant classification. Detectors and alarms shall be placed in one or more locations to insure maximum notification to all occupants. Section 609.2 of the California Fire Code is hereby amended to add: Added Section 609.2. Exception: Fire Stations where the use of the commercial appliance is by station personnel and not for the intention of a commercial cooking facility as defined by the California Mechanical Code. CHAPTER 9 FIRE PROTECTION SYSTEMS. Section 901.3.1 of the California Fire Code is hereby amended to add: Section 901.3.1. Modifications ORD. 787 - PAGE 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. In all new occupancies which exceed a fire flow of one thousand -five hundred (1,500) gallons per minute. Section 903.2.10.1 of the California Fire Code is hereby amended as follows: Section 903.2.10.1. - Stories and basements without openings. An automatic sprinkler system shall be installed in every story or basement of all buildings where the fire flow exceeds 1500 gpm and where there is not provided at least one of the following types of exterior openings: An automatic sprinkler system shall be installed in every story or basement where the floor area exceeds 1500 gpm fire flow regardless of the exterior openings. Section 903.2.10.1.1 of the California Fire Code is hereby amended as follows: Section 903.2.10.1.1. Underground Buildings Opening dimension and access. Openings shall have a minimum dimension of not Tess than (delete 30) 36 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that the fire fighter or rescue cannot be accomplished from the exterior. Section 903.4.3 of the California Fire Code is hereby amended as follows: Section 903.4.3. Floor Control Valves. Approved supervised indication control valves shall be provided at the point of connection to the riser on each floor (delete High-rise buildings) in buildings five or more stories in height unless otherwise approved by the Fire Chief. Valve locations will be determined and approved by the Fire Chief. Section 905.3 of the California Fire Code is hereby amended to add section 905.3.11: Section 905.3.11. High-rise Building Standpipes. Standpipe risers shall be a combination of standpipe and sprinkler risers using a minimum pipe size of 6 inch. Shut-off valves ORD. 787 - PAGE 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and water -flow devices shall be provided on each floor at the sprinkler system connection to each standpipe. Two, four-way fire department connections serving combination systems shall be separated from each other and located at opposite sides of the building or as determined by the Fire Chief. At least one of the fire department connections shall be connected to the riser above a riser isolation valve. Section 907.2.2.1 of the California Fire Code is hereby amended as follows: Section 907.2.2.1. - A minimum number of listed smoke detectors shall be installed in residential aircraft hangers as defined in the California Building Code and shall be placed with a spacing as per NFPA 72. The smoke detectors shall be interconnected into the residential smoke alarms or an audible device shall be used in all sleeping areas of the dwelling if hangers are attached to a residence. A separate audible fire protection device shall be provided when the residential aircraft hanger is not attached to a residence. Section 907.2.19 of the California Fire Code is hereby amended as follows: Section 907.2.19. - All underground buildings shall be equipped throughout with a manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with section 907.2.12.2 herein. Section 907.9.1 of the California Fire Code is hereby amended as follows: Section 907.9.1. Zoning indicator/fire alarm enunciator panel - A zoning indicator panel and the associated controls shall be provided in an approved location. This visual zone indication shall lock in until the system is reset and shall not be canceled by the operation of an audible alarm silencing switch. The fire alarm enunciator panel shall be installed in a location that is visible from the lobby or area adjacent to the primary fire department response entrance. It shall be permissible to locate the fire alarm panel in a room immediately adjacent to a lobby provided the door to the lobby room is accessible to the ORD. 787 - PAGE 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fire department, visible from the lobby and is provided with a permanent, visible placard noting the location of the fire alarm control panel. Section 907.10.1.2 of the California Fire Code is hereby amended as follows: Section 907.10.1.2. Employee Work Areas. Where employee work areas have audible alarm coverage, the notification appliance circuits serving the employee work areas shall be initially designed with a minimum of 20 percent spare capacity to account for the potential of adding visible notification appliances in the future to accommodate hearing impaired employees. Section 908.3 of the California Fire Code is hereby amended as follows: Section 908.3. Highly toxic and toxic materials. Where required by Section 3704.2.2.10 of the California Fire Code, for indoor storage and use of highly toxic and toxic compressed gases, a gas detection system shall be provided to detect the presence of gas at or below the permissible exposure limit (PEL) or ceiling limit of the gas for which detection is provided. The system shall be capable of monitoring the discharge from the treatment system at or below one-half the immediately dangerous to life and health (1 DLH) limit. Exception: A gas -detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas. Section 908.3.1 of the California Fire Code is hereby amended as follows: Section 908.3.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visible and audible and shall provide warning both inside and outside the area where gas is detected. The audible alarm shall be distinct from all other alarms. ORD. 787 - PAGE 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exception: Signal transmission to a constantly attended control station is not required when not more than one cylinder of highly toxic or toxic gas is stored. Section 908.3.2 of the California Fire Code is hereby amended as follows: Section 908.3.2. Shutoff of gas supply. The gas detection system shall automatically close the shutoff valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected. Exception: Automatic shutdown is not required for reactors utilized for the production of highly toxic or toxic compressed eases where such reactors are: 1. Operated at pressures less than 15 pounds per square inch gauge (psig) (103.4 kPa) 2. Constantly attended. 3. Provided with readily accessible emergency shut-off valves. Section 908.3.3 of the California Fire Code is hereby amended as follows: Section 908.3.3. Valve closure. The automatic closure of shutoff valves shall be in accordance with the following: 1. When the gas -detection sampling point initiates the gas detection system alarm is within a gas cabinet exhausted enclosure, the shutoff valve in the gas cabinet or exhausted enclosure for the specific gas detected shall automatically close. 2. Where the gas -detection sampling point is initialing the gas detection system alarm is within a gas room and compressed gas containers are not in gas cabinets or exhausted enclosures, the shutoff valves on all gas lines for the specific gas detected shall automatically close. ORD. 787 - PAGE 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Where the gas -detection sampling point initiating the gas detection system alarm is within a piping distribution manifold enclosure, the shutoff valve for the compressed container of specific gas detected supplying the manifold shall automatically close. Exception: When the gas -detect ion sampling point initiating the gas detection system alarm is at a use location or within a gas valve enclosure of a branch line down -stream of a piping distribution manifold, the shutoff valve in the gas valve enclosure for the branch line located in the piping distribution manifold enclosure shall automatically close. Section 909.2 of the California Fire Code is hereby amended to add section 909.2.1: Section 909.2.1. High—rise Buildings. When required by the Fire Chief an approved smoke control system shall be installed for high-rise buildings in accordance to section 909. Section 912.2 of the California Fire Code is hereby amended as follows: Section 912.2. Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hoses connected to supply the system will not obstruct access to the buildings for other fire apparatus. The Fire Chief shall approve the locations, number of inlets and size of fire department connections. Section 912.2.1 of the California Fire Code is hereby added: Section 912.2.1. Visible location. ORD. 787 - PAGE 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire department connections shall be located on the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the Fire Chief. The location of fire department connections shall be approved and installed as follows: 1. Within 50 feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference from any nearby objects including buildings, fences, posts, plantings, or other fire department connections and or otherwise approved by the Fire Chief. 2. Within 200 feet of an approved hydrant. 3. So that the inlet height shall not be less than 18 inches or more than 48 inches above grade. 4. Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. 5. Fire department connection shall not be allowed in the rear of any building. Section 912.4 of the California Fire Code is hereby amended as follows: Section 912.4. Signs. A metal sign with raised letters at least 1 inch (25 mm) in size or approved method as determined by the Fire Chief shall be located on all fire department connections serving automatic sprinkler, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or as required and approved by the Fire Chief. Section 914.5 of the California Fire Code is hereby amended as follows: Section 914.5. - Underground (insert "and Windowless buildings.") Underground buildings shall comply with sections 914.5.1 through 914.5.6 herein (insert: "and ORD. 787 - PAGE 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 windowless buildings with a total floor area of 5000 square feet shall comply with sections 914.5.2 through 914.5.6 of the California Fire Code.") CHAPTER 22 MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES. Section 2201.0 of the California Fire Code is hereby amended as follows: Section 2201.1. Scope - Automotive motor fuel -dispensing facilities, marine motor fuel - dispensing facilities, fleet vehicle motor fuel -dispensing facilities and repair garages shall be permitted, constructed and maintained in accordance with this chapter and the California Building Code, California Plumbing Code and the California Mechanical Code. Such operations shall include operations that are both accessible to the public and private operations. For provisions relating to the transfers of flammable and combustible liquids directly from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments, see section 3406.5.4.5 of the California Fire Code Section 2202.1. Definition of Motor Vehicle. "Motor Vehicle" includes, but is not limited to, a vehicle, machine, tractor, trailer or semi- trailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property. It does not include a vehicle, locomotive or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street -railway service. The term "motor vehicle" also includes freight containers or cargo tank used, or intended for use, in connection with motor vehicles. (As per 49 CFR Pt. 171.8 (October 2002).) ORD. 787 - PAGE 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motor Vehicle, Unattended is defined as a motor vehicle where the driver cannot see the motor vehicle or hear noises in or near the motor vehicle. Exceptions: 1. Necessary absence in connection with loading and unloading the motor vehicle. 2. Stops for meals during the day or night, if the point of parking is well lighted. 3. When in case of accident or emergency, the driver must leave to obtain assistance. CHAPTER 23 HIGH PILED COMBUSTIBLE STORAGE. Section 2301.3 of the California Fire Code is hereby amended as follows: Section 2301.3. Construction documents: (Add to item #7): location and classification of commodities in accordance with Section 2303 and NFPA 13. Section 2306.4.1.4 of the California Fire Code is added: Section 2306.4.1.4. Minimum Requirements for Client Leased or Occupant Owned Warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible Fire Protection Engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The Engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or ORD. 787 - PAGE 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operator. The technical report shall clearly define the basis for determining the commodity and sprinkler design selection, along with how the commodities will be isolated or separated, and the referenced design document(s), including NFPA 13 or the current applicable Factory Mutual Data Sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. CHAPTER 25 TIRE REBUILDING AND TIRE STORAGE. Section 2505.8 of the California Fire Code is hereby added: Section 2505.8. Dead -End Aisles. No dead-end aisles shall be allowed within any buildings, structures or facilities. CHAPTER 33 EXPLOSIVES AND FIREWORKS. Section 3308.1 of the California Fire Code is hereby amended as follows: Section 3308.1. Displays. Permits are required to conduct a fireworks display. Permit application shall be made to the Fire Chief and the Riverside County Sheriff not Tess than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus. Section 3308.2 of the California Fire Code is hereby amended to read as follows: ORD. 787 - PAGE 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3308.2. Pyrotechnic special effects material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the Fire Chief and the Riverside County Sheriff. A permit for use shall be granted only to a California State Fire Marshal licensed pyrotechnic operator. Section 3308.3 of the California Fire Code is hereby amended as follows: Section 3308.3. Manufacturing. The manufacturing of fireworks is prohibited except under special permits as required by local and state regulations by the Fire Chief and the Riverside County Sheriff. Section 3308.4 of the California Fire Code is hereby amended to add the following to the list of definitions: For the purposes of Chapter 33 only, the Sheriff of Riverside County designee shall, represent the Fire Chief. Blasting Permit shall mean a permit issued by the Sheriff pursuant to Chapter 33 and shall apply to a specific site. This permit shall be valid for a period not to exceed one (1) year. Blast Site shall mean a geographically defined area where blasting may occur. It shall be shown on a project map or plot plan. Blasting operations shall be conducted only within such defined areas. Section 3308.5 of the California Fire Code is hereby amended as follows: Chapter 33 Required. Permits shall be obtained from, and be issued by the Riverside County Sheriff: (1) To manufacture, possess, store, sell or otherwise dispose of explosives, blasting agents, or phosphoric compounds. ORD. 787 - PAGE 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) To transport explosives or blasting agents. (3) To use explosives or blasting agents. (4) To operate a terminal for handling explosives or blasting agents. (5) To deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise. (6) To transport blasting caps or electric blasting caps on the same vehicle with explosives. Section 3308.6 of the California Fire Code is hereby amended as follows: Chapter 33 — Section 3308.6. Magazines Required Explosive materials shall be stored in magazines in accordance with Chapter 33. A competent person shall be in charge of magazines. The person shall be at least 21 years of age, possesses a valid explosive -storage permit, and responsible for compliance with all safety precautions. Magazines or temporary magazines used for storage purposes in any area where blasting is required shall, when the need for such storage no longer exists and the explosives have been removed or disposed of, be removed or demolished. The Sheriff, or his/her designee, that issued the explosive -storage permit shall be notified immediately of the action taken. Section 3308 of the California Fire Code is hereby amended as follows: Section 3308. Storage with Other Materials. Magazines shall be used exclusively for the storage of explosive materials and other blasting agents approved by the Sheriff. Tools, other than approved conveyors, shall not be stored in magazines. Items of hardware, which contain igniters, detonators, ORD. 787 - PAGE 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 propellants or explosives, shall not be stored in the same magazines with other explosives. SECTION TO BE ADDED Section 3308.8 of the California Fire Code is hereby amended as follows: Section 3308.8. Personnel Qualifications The person in charge of the handling and use of explosive materials shall be at least 21 years of age, licensed by the State of California as a blaster, and possesses a valid explosives -use permit issued by the Sheriff. EXCEPTION: Persons 18 years or older are allowed to use and handle explosive materials under the direct personal supervision of a person who is licensed by the State of California as a blaster and possesses a valid explosive -use permit. Section 3308.9 of the California Fire Code is hereby amended as follows Section 3308.9. Other Regulations Blasting operations shall be conducted in accordance with federal, state and local regulations. Blasters are required to comply with blasting regulations of neighboring jurisdictions for blasting operations outside the unincorporated area of the County, but conducted in conjunction with projects within unincorporated areas of the County of Riverside. CHAPTER 35 FLAMABLE GASES. Section 3502.1 of the California Fire Code is hereby amended to add the following to the list of definitions: ORD. 787 - PAGE 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3502.1. METAL HYDRIDE STORAGE SYSTEM — A system for the storage of hydrogen gas absorbed in solid material. Section 3503.1.7 of the California Fire Code is hereby added: Section 3503.1.7. Hydrogen gas absorbed in solids. The hazard classification of the metal hydride storage system, as required by Section 2701.2.2 of the California Fire Code, shall be based on the hydrogen stored without regard to the metal hydride content. Section 3503.1.7.1 of the California Fire Code is hereby added: Section 3503.1.7.1. Listed system. Metal hydride storage systems shall be Listed for the application and designed in a manner that prevents the removal of the metal hydride. CHAPTER 38 LIQUIFIED PETROLEUM GASES. Section 3801.2.1 of the California Fire Code is hereby amended as follows: Section 3801.2.1. Permits. Distributors shall not fill an LP -gas container for which a construction permit is required until the installation has been inspected and approved by the Fire Chief. Section 3801.2.3 of the California Fire Code is hereby added: Section 3801.2.3. Operational Permit. ORD. 787 - PAGE 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 An operational permit is required to operate an LP -Gas installation with an aggregate water capacity of more than 2,000 gallons or to use an open flame (flare) to dispose of LP Gas from a container. Section 3803.2.3.7 of the California Fire Code is hereby added: Section 3803.2.3.7. Idle Cylinders. Cylinders in storage awaiting use shall be stored outside of Group A occupancies. APPENDICIES All Appendices to the California Fire Code are adopted in their entirety except as follows: Appendix B Section B-104.2 Area Separation. Add: "Section B-104.2 Portions of buildings which are separated by fire walls without openings, constructed in accordance with the California Building Code, may be considered as separate fire flow area calculations." Section B-105.1 last sentence Shall not be Tess than that specified in table B 105.1, of the California Fire Code and less than the minimum of 1500 gpm. Section B- 105.2 exception first sentence A reduction in required fire flow of up to 50 percent as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2, of the California Fire Code. Add 508.5.7 Fire Hydrants Size and Outlets. ORD. 787 - PAGE 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire Hydrant size and number of outlets shall be required as determined by the fire code official. Appendix C Table C105.1 Footnotes C. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1000 feet to provide for transportation hazards. Appendix C Table C105.1 Footnotes C. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, serving one and two-family residential developments, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along the tract boundary for transportation hazards. When serving multi -family, commercial and industrial developments, super or enhanced fire hydrants as determined by the Fire Chief shall be provided at spacing not to exceed 500 feet of frontage for transportation hazards. PENALITIES Section 9 Penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this ordinance. Any person, firm, corporation or association of persons violating any provision of this ordinance or the provisions of any permit granted pursuant to this ordinance, shall be deemed guilty of an infraction or misdemeanor as herein after specified. Such person or entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance or the provisions of any permit granted pursuant to this ordinance, is committed, continued, or permitted. ORD. 787 - PAGE 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any person, firm, corporation or association of persons so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a first violation; (2) guilty of an infraction offense and punishable by a fine now exceeding three hundred dollars ($300.00) for a second violation on the same site. The third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person or entity from the responsibility for correcting the violation. ATTEST: CLERK OF THE BOARD: By: Deputy (SEAL) G:\Property\06-ORDINANCE\787\Ord 787.3.2.doc BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA By: ORD. 787 — PAGE 35 Chairman ORDINANCE NO. 932 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 5.35 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "REGULATING STATE -ISSUED FRANCHISES TO PROVIDE VIDEO SERVICES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 5.35, entitled "Regulating State -Issued Franchises to Provide Video Services", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 18th day of March, 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, Dressel, and Fox NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 1st day of April, 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Member Killough, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Fox CITY OF BEAUMONT By Brian DeForg i ayor CHAPTER 535 REGULATING STATE -ISSUED FRANCHISES TO PROVIDE VIDEO SERVICES Sections: Section 5.35.010 Purpose Section 5.35.020 Definitions Section 5.35.030 State Franchise Required Section 5.35.040 Administration and Regulations Section 5.35.050 Construction, Operation, Maintenance and Repair Section 5.35.060 Franchise Fee Section 5.35.070 Public, Educational and Governmental ("PEG") Access Channel Capacity and Support Section 5.35.080 Audits and Records Section 5.35.090 Customer Service and Protection Section 535.010 Purpose It is the purpose of this Chapter 5.35 to implement within the City of Beaumont the provisions of the "Digital Infrastructure and Video Competition Act of 2006 (California Public Utilities Code, Sections 5800 et seq.). Section 5.35.020 Definitions For purposes of this Chapter 5.35, the definitions set forth in California Public Utilities Code, Section 5830 are hereby incorporated herein by this reference as though set forth at length. Section 5.35.030 State Franchise Required A. No person may construct, operate, maintain or repair a cable system or video service provider's network within the City without first obtaining a state franchise therefor. B. Except as otherwise provided by the California Public Utilities Code, a state franchise shall not include, or be a substitute for: 1. Compliance with generally -applicable requirements for the privilege of transacting and carrying on a business within the City, including, but not limited to, compliance with the conditions that the City may establish before facilities may be constructed for, or providing, non -video services; 2. Any permit or authorization, other than a state franchise, required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, and street cut permits; and 1 3. Any permit, agreement or authorization for occupying any other property of the City or any private person to which access is not specifically granted by the state franchise. C. Except as otherwise provided in the California Public Utilities Code, a state franchise shall not relieve a franchisee of its duty to comply with all laws, including the ordinances, resolutions, rules, regulations and other laws of the City, and every state franchisee shall comply with the same. The City reserves its rights to the lawful exercise of police and other powers the City now has or may later obtain. D. The City reserves the right to construct, operate, maintain or repair its own cable system or video service provider network. Section 5.35.040 Administration and Regulations A. The City may, from time -to -time adopt rules and regulations to implement the provisions of this Chapter 5.35 consistent with the California Public Utilities Code. B. The failure of the City, upon one or more occasions, to exercise a right or require compliance or performance under this Chapter 5.35 or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing or its exercise by the City is not permitted by the California Public Utilities Code. C. The City may designate one or more entities, including itself, to control and manage the use of PEG access channels, and any PEG facilities and equipment. Section 5.35.050 Construction, Operation, Maintenance and Repair A. A video service provider operating within the City shall, in its use of public rights-of-way and public and private property, be considered a "utility" within the meaning of the Beaumont Municipal Code and any provisions thereof which are applicable to any utility or utilities. Any application to use the public rights-of-way shall include a description, including locations, of the state franchisee's existing or proposed network. B. No video service provider may construct, operate, maintain or repair a cable system or network in the public rights-of-way without first complying with all statutory requirements, including the California Environmental Quality Act (Public Resources Code Section 21000 et seq.). Section 5.35.060 Franchise Fee A. Every state franchisee operating within the City limits shall pay a franchise fee to the City in the amount of 5% of that state franchisee's gross revenues derived from the operation its network to provide cable or video services within the City. 2 B. For purposes of this Chapter 5.35, "gross revenue" shall have the meaning set forth in California Public Utilities Code, 5860. C. A state franchisee shall remit the franchise fee to the City quarterly, within 45 days after the end of each calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the franchise fee. D. If a state franchisee fails to pay the franchise fee when due, or underpays the proper amount due, the state franchisee shall pay a late payment charge at an annual interest rate equal to the highest prime lending rate during the period of delinquency, plus 1%. Section 5.35.070 Public, Educational and Governmental ("PEG") Access Channel Capacity and Support A. Every state franchisee operating within the City limits shall provide PEG access channel capacity and support as more specifically provided for in California Public Utilities Code, Section 5870 and as the City and the state franchisee may otherwise mutually agree upon. B. Every state franchisee operating within the City shall pay a PEG support fee to the City in the amount of 1% of that state franchisee's gross revenues derived from the operation of its network to provide cable or video services within the City. The PEG support fee shall be used by the City for PEG purposes consistent with state and federal law. The state franchisee shall remit the PEG support fee to the City quarterly, within 45 days after the end of each calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the PEG support fee. If a state franchisee fails to pay the PEG fee when due, or underpays the proper amount due, the state franchisee shall pay a late payment charge at an annual interest rate equal to the highest prime lending rate during the period of delinquency, plus 1%. Section 5.35.080 Audits and Records A. Not more than once annually, the City or its designee may examine and audit the business records of a state franchisee to ensure compliance with the franchise fee payment obligation of Sections 5.35.060 and 5.35.070. B. A state franchisee shall keep all business records reflecting any gross revenues, even if there is a change in ownership of the state franchisee, for at least four years after such gross revenues are recognized by the state franchisee on its books and records. In the case of subscriber numbers used for calculating the PEG fee, a state franchisee shall keep data on the number of its subscribers in the City, even if there is a change in ownership of the state franchisee, for at least four years after the close of each calendar quarter on which the PEG support fee is to be paid. C. To the extent consistent with the California Public Utilities Code and other applicable law, the City may request, and a state franchisee shall provide, information and books 3 and records to the extent necessary to monitor a state franchisee's compliance with the Chapter 5.35. Section 535.090 Customer Service and Protection A. A state franchisee shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code, the FCC Customer Service and Notice Standards set forth in Sections 76.309, 76.1602, 76.1603 and 76.1619 of Title 47 of the Code of Federal Regulations, Section 637.5 of the California Penal Code, the Privacy Standards of Section 551 of Title 47 of the United States Code, and all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, including any such standards hereafter adopted. B. The City Manager will provide a state franchisee with written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30 -day time period shall be subject to the following penalties to be imposed by the City: 1. For the first occurrence of a violation, a fme of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation. 2. For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation. 3. For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation. C. A state franchisee may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The Council's decision on the imposition of a penalty shall be final. 4 January 18, 2008 Mr. Alan Kapanicas City Manager City of Beaumont 550 East 6th Street Beaumont, CA 92223 Dear Mr. Kapanicas: STATE OF CALIFORNIA PUBLIC UTILITIES COMMISSION 505 Van Ness Avenue San Francisco, CA 94102 www.cpuc.ca.gov As you know, Time Warner Entertainment — Advance/Newhouse Partnership filed an Application for a state video franchise with the Commission on November 19, 2007. On December 19, 2007, the Commission's Executive Director deemed the Application complete, and issued a California Video Franchise Certificate to Time Warner Entertainment — Advance/Newhouse Partnership. As your community is an affected local entity, we wanted to be sure to provide you notice of this determination within the 30 -day period specified in Section 5840(h) of the Public Utility Code. Time Warner Entertainment — Advance/Newhouse Partnership's application, as well as the Commission's December 19, 2007 notification of completeness and the Franchise Certificate itself, can be found on the Commission's web site at http://www.cpuc.ca.gov/PUC/hottopics/2telco/videofranchising.htm . Your local entity should be taking certain actions under the state video franchising statute (AB2987 or DIVCA), such as implementing a 1% fee for PEG capital support if desired, and adopting customer service standards. In addition, you should notify the new franchisee regarding your franchise fee, and if you wish carriage of PEG channels. These are just examples. There may be other steps that you wish to take as well under the provisions of DIVCA. In this regard, you may find the information on SCAN-NATOA's web site useful (http://www.scannatoa.org/info_docs.html). Also, feel free to call me if you have any questions. Michael Morris Video Franchising and Broadband Deployment 415.703.2112 mmo@cpuc.ca.gov ORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.16.030 OF CHAPTER 1.16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "VIOLATION—INFRACTION—PENALTY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code, entitled "Violation—Infraction--Penalty" is hereby amended in its entirety to read as follows: "Section 1.16.030 Violation Infraction Penalty Except in cases where a different punishment is prescribed by any Ordinance of the City, any person convicted of an infraction for violating an Ordinance of the City, is punishable by: A. A fine not exceeding $100.00 for a first violation; B. A fine not exceeding $500.00 for a second violation of the same Ordinance within one year; C. A fine not exceeding $1,000.00 for each additional violation of the same Ordinance within one year." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this l s t day of April , 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox 1 MOVED, PASSED AND ADOPTED this 8th day of April , 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox CITY OF BEAUMONT Brian DeForge, CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 933 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 4-1 , 2008, and was duly adopted upon a second reading on 4-8 , 2008, by the roll call votes indicated therein. CITY OF BEAUMO T By (SEAL) puty City, lerk 2 THE PRESS -ENTERPRISE 3512 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 933 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 04-21-08 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Apr. 21, 2008 At: Riverside, ,:Iifornia Ad Copy: ORDINANCE NO.933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CAU FORN IA AMENDING SECTION 1.16.030 OF CHAPTER 1.16 OF THE BEAUMONT MU- NICIPAL CODE ENTITLED "VIOLATION-INFRACTION- PENALTY" VIOLATION-INFRACTION- PENALTY" THE BEAU- MONT MUNICIPAL COD RE: "UNAUTHORIZED DISPOSAL -PENALTY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code, entitled "Violation -Infraction -Penalty" is hereby amended in its en- tirety to read as follows: ^Section 1.16.030 Violation -Infraction -Penalty Except in cases where a dif- ferent punishment is pre- scribed by any Ordinance of the City, anyperson convicted of an infraction for violating an Ordinance of the City, is pun- ishable by: A. A fine not exceeding $100.00 for a first violation; B. A fine not exceeding $50.00 for a second violation of the same Ordinace within one year; Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of April, 2008, by the following roll call vote: AYES: Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 8th day of April, 2008, upon second read- ing by the following roll call vote: AYES: Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member CITY OF BEAUMONT By_: Brian DeForge, Mayor ATTEST: Deputy City Clerk CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 933 duly introduced at a regular meeting C,ty of the City Counof Beau- montcil held one 4/1, 2008, and was duly adopted upon a sec- ond reading on 4/8, 2008, by the roll call votes indicated therein. CITY OF By Deputy City Clerk 4/21 BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9191035 PO #: Agency #: ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 8.12.025 OF THE BEAUMONT MUNICIPAL CODE RE: "UNAUTHORIZED DISPOSAL—PENALTY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 8.12.025 of Chapter 8.12 of the Beaumont Municipal Code, entitled "Unauthorized Disposal Penalty" is hereby amended in its entirety to read as follows: "Section 8.12.025 Unauthorized Disposal—Penalty A. Any person violating the provisions of Section 8.12.023 may be issued a citation; provided, however, the remedies prescribed in this section are intended to be in addition to any other procedures or penalties prescribed by law. B. Any person violating the provisions of Section 8.12.023 shall be guilty of an infraction, pursuant to the provisions of Government Code Section 36900 and the penalties provided therein, and upon conviction thereof, shall be punishable by a fine in the amount of $100.00 for the first conviction, $500.00 for the second conviction within one year, and $1,000.00 for the third, and each additional, conviction within one year." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of April , 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox 1 MOVED, PASSED AND ADOPTED this 8th day of April , 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Coucnil Member Fox CITY OF BEAUMONT By Brian DeForge CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 934 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 4/1 , 2008, and was duly adopted upon a second reading on 4/8 , 2008, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) eputy City 2 THE PRESS -ENTERPRISE 3512 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 934 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 04-21-08 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Apr. 21, 2008 At: Riverside, alifornia Ad Copy: ORDINANCE NO.934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 8.12.025 OF THE BEAU- MONT MUNICIPAL COD RE: "UNAUTHORIZED DISPOSAL -PENALTY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 8.12.025 of Chapter 8.12 of the Beaumont M un ici pa lCode,entitled"Una u- thorized Disposal -Penalty" is hereby amended in its entirety to read as follows: "Section 8.12.025 Unauthorized Disposal -Penalty A. Any person violating the provisions of Section 8.12.023 may be issued a citation; pro- vided, however, the remedies prescribed in this section are intended to be in addition to any other procedures or penal- ties prescribed by law. B. Any person violating the provisions of Section 8.12.023 shall be guilty of an infraction, pursuant to the provision of Govemment Code Section 36900 and the penalties pro- vided therein, and upon con- viction thereof, shall be pun- ishable by a fine in the amount of $100.00 for the first convic- tion, 6500.00 for the second conviction within one year, and 61,00.00 for the third, and each additional, conviction within one year Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st dayof April, 2008, by the following roll call vote: AYES: Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 8th day of April, 2008, upon second read- ing by the following roll call vote: AYES: Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel NOTES: None ABSTAIN: None ABSENT: Council Member Fox CITY OF BEAUMONT By: Brian DeForge, Mayor ATTEST: Deputy City Clerk CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 934 duly introduced at a regular meeting of the City Council of the City of Beau- mont held on 4/1, 2008, and was duly adopted upon a sec- ond reading on 4/8, 2008, by the roll call votes indicated therein. CITY OF BEAUMONT By Deputy City Clerk 4/21 BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9191034 PO #: Agency #. ORDINANCE NO. 935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TITLE 6 OF THE BEAUMONT MUNICIPAL CODE RE: "ANIMALS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Title 6 of the Beaumont Municipal Code is hereby amended in its entirety as more specifically provided for on Exhibit "A", attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of April, 2008, by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 8th day of April, 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox CITY OF BEAUMONT By N-4-= BRIAN E. DeFO ' f , ayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 935 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 1, 2008, and was duly adopted upon a second reading on April 8, 2008, by the roll call votes indicated therein. CITY OF BEAUMONT 13y (SEAL) 2 4/2/08 Title 6 Animals Chapters: 6.04 Regulations Generally 6.06 Seizure of Animals 6.08 Rabid Animals 6.12 Dogs — General Provisions 6.16 Dog and Dog Kennel Licenses 6.20 Dogs Impoundment 6.21 Dangerous Animals 6.24 Cats and Catteries 6.28 Livestock. 6.32 Apiaries Chapter 6.04 Regulations Generally Sections: 6.04.005 Definitions 6.04.010 Fees by Resolution 6.04.020 Animals in Vehicles 6.04.030 Roosters, Peacocks and Flocks Prohibited 6.04.040 Transport of Injured Animals to Veterinarian 6.04.050 Prohibition of Sales or the Giving Away of Animals on Public Property 6.04.060 Manure - Accumulations 6.04.070 Manure - Piling Pending Removal 6.04.080 Dead Animals and Fowl to be Kept in Containers Pending Removal 6.04.090 Excessive Amount of Flies 6.04.100 Shed, Pen Coop or Other Shelter Used to House Animal or Fowl 6.04.110 Fencing for Animals and Fowl 6.04.120 Wild Animals and Mammals, Poisonous Snakes and Other Reptiles 6.04.130 Abandonment 6.04.140 Humane Destruction of Animals in the Field 6.04.150 Violation - Penalty 6.04.160 Provisions Supplementary to Other Laws 6.04.170 Repeated Violation Constitutes Nuisance 6.04.180 Interference with Enforcement 6.04.005 Definitions. For the purposes of Title 6 of the Beaumont Municipal Code, the following words and phrases shall have the meanings: A. "Abuse" or "abused" animal means any animal which is: 1. Mistreated, beaten, tormented or teased; 2. Deprived of water, food or shelter; 3. Kept under unsanitary conditions; 4. Abandoned; or 5. Trained for fighting or attacking other animals or human beings. B. "Animal control officer" means any person or entity designated under this Chapter as the animal control officer for the City, including, but not limited to, any police officer or City employee designated to enforce the animal control regulations of this Chapter. C. "Animal Rescuer" means any individual who routinely obtains a dog or cat from the rightful owner of the animal, or any animal from an animal shelter that has been retained in accordance with this chapter. D. "At large" means off the premises of the owner and not under the control of the owner either by leash, cord, rope, chain, fence or otherwise. E. "Dangerous animal" means any of the following: 1. Any animal seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner under subdivision (a) of Section 597.5 of the California Penal Code. 2. Any animal which, when unprovoked, inflicts injury on or kills a human being. 3. Any animal which, when unprovoked, engages in aggressive conduct requiring defensive action by any person to avoid bodily injury. 4. Any animal which has killed or injured a domestic animal. "Dangerous animal" does not mean any animal in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage: 1. Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged; 2. Committed a willful trespass or other tort upon the private property of the owner of the animal; 3. Committed or attempted to commit a crime; or 4. Threatened or committed an unjustified attack or assault against the owner or person in control of the animal. F. "Dog" means a female as well as a male or neutered dog. A litter of pups less than four (4) months of age shall not be included in computing the number of dogs. G. "Enclosure" means a fence or structure of at least six (6) feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the California Penal Code. H. "Exigent Circumstances" means circumstances in which the animal control officer, in his or her reasonable judgment, determines that a life threatening or serious injury may occur if immediate action is not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or animal if not impounded, or animal may die if officer does not immediately enter property and rescue, etc. I. "Exotic Animal" is defined as any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, non -human primate (monkey, chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity. J. "Guide Dog" means any dog trained or being reared, trained or used for the purpose of guiding a blind person. K. "Hearing officer" means the person appointed by the City Manager to serve as the hearing officer under this Title. L. "Hybrid Animal" means any animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state of California. M. "Impound" or "Impounded" means having been received or taken into the custody of the animal control officer. N. "Kennel" means any lot or parcel of land or place where a person engages in, conducts, manages or maintains a veterinary business, regardless of the number of animals. "Kennel" includes private animal rescue operations. O. "Owner" means any person or persons owning, keeping or harboring a dog. P. "Person" means a natural person or any legal entity, included but not limited to, a corporation, firm, partnership or trust. Q. "Sentry Dog" means any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog." R. "Service Dog" means any dog being reared, trained or used for the purpose of fulfilling the particular requirements of a physically disabled person, including but not limited to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. S. "Signal Dog" means any dog trained or being reared, trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds. T. "Unlicensed Dog" means any dog which no valid license is currently in force. U. "Unaltered and Unspayed" means a condition that exists in an animal which permits the producing of offspring. A dog or cat that has not been spayed or neutered. V. "Vaccination" means an inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for that purpose by the California Department of Health Services. W. "Veterinarian" means a person holding a currently valid license to practice veterinary medicine issued by the state of California pursuant to Chapter 11 of the California Business and Professions Code. 6.04.010 Fees by Resolution. All fees authorized in this title shall be established, and may be amended from time -to -time, by resolution. 6.04.020 Animals in Vehicles. A. No person shall leave an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health and welfare. B. If after a search of the area the owner cannot be found, the animal control officer/police officer feels the animal's health is in danger, the animal may with the approval of the police supervisor be removed from the vehicle and transported to a veterinarian for treatment. A notice shall be left of the vehicle stating the following: L Why the animal was removed; 2. Name, address and telephone number of the veterinarian where the animal is being treated; 3. The authority to remove the animal; and 4. Name of person(s) removing the animal. C. The owner or person having control of the animal shall be responsible for all costs for the treatment of the animal. 6.04.030 Roosters, Peacocks and Flocks Prohibited. A. Except as provided in subparagraph B, below, no person, either as owner, agent or employee, shall keep any roosters, peacocks, or flocks of 5 or more pigeons, doves, ducks or other birds or fowl, domestic or otherwise within the City of Beaumont. The keeping of such birds and other fowl is hereby declared to be a nuisance. B. Roosters, peacocks, birds or other fowl shall be permitted on parcels of one (1) acre or larger in the Rural -Residential (R -R) Zone, provided that the number of roosters or peacocks shall not exceed one (1) per acre, and the number of other types of birds or fowl shall not exceed five (5) per acre. 6.04.040 Transport of Iniured Animals to Veterinarian. Any peace officer, humane society officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. If the animal is treated and recovers from its injuries, the animal will be put up for adoption after the prescribed period of time and no owner is found. If an owner for the animal is found they will be liable to all cost incurred for the care and treatment of the animal. The costs for the care and treatment of the animal will be required to be paid prior to the animal being returned to the owner. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this section. An animal control officer who takes possession of an animal pursuant to this section shall keep records of the whereabouts of the animal for a seventy- two (72) hour period from the time of possession, and those records shall be available for inspection by the public upon request. 6.04.050 Prohibition of Sales or the Giving Away of Animals on Public Property. No person shall, in the City of Beaumont, offer for sale or sell or give away or transfer for adoption any animal, cat, kitten, dog or puppy on any public street, public sidewalk or public park. This prohibition does not apply to animal shelters or authorized organizations who conduct adoptions within the City. 6.04.060 Manure — Accumulations. A. Refuse excrement and manure from animals poultry fowl or any livestock shall not be permitted to accumulate on any premises in the City for a period in excess of fourteen (14) days and shall be removed from such premises at not less than 14 -day intervals unless spread upon and buried in the earth. B. This section shall not apply to commercial supplies of fertilizer dealers stock; provided, that such supplies are packaged in fly -tight containers, nor shall this section apply to commercial poultry pens or houses where the deep litter process is used within the poultry house or pen. 6.04.070 Manure - Piling Pending Removal. Pending its removal from the premises, refuse excrement or manure from animals, poultry, fowl or livestock shall be piled in a well drained area on a base at least four inches above the surrounding levels, to the end that storm or surface waters will flow away from, rather than into the pile. (Ord. 492 §6, 1978) 6.04.080 Dead Animals and Fowl to be Kept in Containers Pending Removal. Dead animals, fowl or poultry, and offal, pending removal pending removal from the premises must be in a fly tight containers. 6.04.090 Excessive Amount of Flies. Upon inspection, should the animal control officer or deputies discover flies in unreasonably excessive numbers, he shall require further controls through the use of insecticides, chemicals or other means. 6.04.100 Shed, Pen, Coop or Other Shelter Used to House Animals and Fowl. All persons owning or having the care, custody, or control of any animal, fowl, domestic or otherwise, shall conform to all other provisions of the law governing same. At no time shall a shed, pen, coop or other shelter used to house animals or fowl, domestic or otherwise to be kept or maintained within fifty feet of any window or door of any residence, dwelling or other building used for human habitation, or within one hundred feet of the lot upon which it is located. 6.04.110 Fencing for Animals and Fowl. All persons owning or having care, custody, or control of any animal, fowl, domestic or otherwise, shall maintain adequate fencing to hold the animal, fowl, domestic, or otherwise, from wandering or flying upon the property of another. 6.04.120 Wild Animal and Mammals, Poisonous Snakes and Other Reptiles. A non- domestic animal which is wild and potentially dangerous in its natural state and as defined in Section 2116 of the Fish and Game Code of the state, shall not be kept or maintained within the City without complying with the following: A. Such person desiring to keep or maintain a wild animal, poisonous snake or reptile shall first obtain a permit from the State pursuant to Section 2150 of the Fish and Game Code of the State and shall meet any and all conditions required by the permit. B. In addition thereto, the possessor shall obtain public liability insurance in the amount of one million dollars ($1,000,000.00) in which the City shall be named an additional insured. C. The wild animal, snake or reptile may be transported through the City if it is confined in such a manner as to pose no threat, injury or harm to persons in this city. The animal must at all times be properly caged or tethered. In addition the person shall comply with all requirements as set forth in the Fish and Game Code of the State. 6.04.130 Abandonment. It is unlawful for any person to knowingly abandon any animal within the City. Any person violating this Section shall bear full costs and expenses incurred by the City in the care of said abandoned animal and the person shall reimburse to the City all costs therefore as determined by the chief of police or designee. Abandonment shall include the owner's failure to redeem animals impounded after proper notification of the impoundment has been issued. 6.04.140 Humane Destruction of Animals in the Field. Notwithstanding any other provision of this Title, any peace officer or any animal control officer may, with the approval of his or her immediate supervisor, humanely destroy any stray or abandoned animal in the field an any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal. 6.04.150 Violation -Penalties. Any person violating any provision of this Title shall be deemed guilty of an infraction or misdemeanor as specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Title are committed, continued, or permitted. Any individual convicted of a violation of this Title shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance provision; (3) guilty of an infraction offense and punished by a fine not exceeding five hundred dollars ($500.00). The fourth and any additional violations of the same ordinance shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. 6.04.160 Provisions Supplementary to Other Laws. The provisions of this Title shall be in addition to all other laws or provisions in other ordinances of the City governing or regulating the keeping of animals and livestock in the City and not a limitation thereof. 6.04.170 Repeated Violation Constitutes Nuisance. Repeated violations of this Title shall constitute a public nuisance. Three (3) or more convictions of the same violation within one 12 - month period shall be deemed a public nuisance per se subject to abatement resulting in the removal of all animals, poultry, fowl and other livestock from the premises. 6.04.180 Interference with Enforcement. No person shall interfere with, oppose or resist the chief of police or his animal control officers, and police officers or any special officer of the City while engaged in the performance of the duties prescribed in this Title. Chapter 6.06 Seizure of Animals Sections: 6.06.010 Seizure of Animals 6.06.020 Post -Seizure Hearing 6.06.030 Hearing Prior to Seizure of Animal(s) 6.06.040 Cost of Seizure and Care — Owner Liable 6.06.050 Noncompliance with Order to Provide Veterinary Care 6.06.060 Return to Owner — Conditions 6.06.070 Hearings 6.06.010 Seizure of Animals. A. Emergency Seizure: Whenever any peace officer or animal control officer has reasonable grounds to believe that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and comply with the procedure established in Section 6.06.020. B. Non -Emergency Seizure: In all other cases, the officer shall comply with the provisions of Section 6.06.030. 6.06.020 Post -Seizure Hearing. Whenever an animal control officer or peace officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings, provide the owner or keeper of the animal, if known or ascertained after reasonable investigation, with the opportunity for a post -seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both. A. The animal control department shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following: 1. The name, business address, and telephone number of the officer providing the notice; 2. A description of the animal(s) seized, including any identification upon the animal(s); 3. The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized; 4. A statement that, in order to receive a post -seizure hearing, the owner of person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the animal control officer within ten (10) days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail; 5. A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. B. The post-seizure hearing shall be conducted within three (3) business days of the request, excluding weekends and holidays. The hearing shall be conducted in accordance with the provisions of Section 6.06.070. C. Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in forfeiture of any right to a post-seizure hearing or right to challenge his or her liability for costs incurred. D. The City shall be responsible for the costs incurred for caring and treating the animal(s), if it is determined in the post-seizure hearing that the seizing officer did not have reasonable grounds to believe prompt seizure of the animal(s), was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the City for the cost of the seizure and care of the animal(s), and the animal(s) shall not be returned to its owner until the charges are paid and the City or hearing officer has determined that the animal(s) is physically fit or the owner demonstrates to the City's or the hearing officer's satisfaction that the owner can and will provide the necessary care. 6.06.030 Hearing Prior to Seizure of Animal(s). Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings, the animal control officer shall provide the owner or keeper of the animal(s), if known or ascertained after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal(s). The owner shall produce the animal(s) at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the animal control officer to view the animal(s) upon request of the animal control officer, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal(s) or provide the verification is guilty of an infraction. A. The animal control officer shall cause a notice to be affixed to a conspicuous place where the animal(s) was situated or personally deliver a notice stating the grounds for believing the animal(s) should be seized. The notice shall include all of the following: 1. The name, business address, and telephone number of the officer providing the notice; 2. A description of the animal(s) to be seized, including any identification upon the animal(s); 3. The authority and purpose for the possible seizure or impoundment; 4. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal(s), or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal(s) to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice; 5. A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal(s) may properly be seized and that the owner shall be liable for the charges. B. The pre -seizure hearing shall be conducted within three (3) business days, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in Section 6.06.070. C. Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time period or to attend a scheduled hearing, shall result in a forfeiture of any right to a pre seizure hearing or right to challenge his or her liability for costs incurred to this chapter. 6.06.040 Cost of Seizure and Care — Owner Liable. If any animal is properly seized under this chapter, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal(s). Furthermore, if the charges for the seizure or impoundment and any other charges permitted under this chapter are not paid within fourteen (14) days of the seizure, or, if the owner, within fourteen (14) days of notice of availability of the animal(s) to be returned, fails to pay charges permitted under this chapter and take possession of the animal(s), the animal(s) shall be deemed to have been abandoned and may be disposed of by the impounding officer. The cost of caring for and treating any animal properly seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified. 6.06.050 Noncompliance with Order to Provide Veterinary Care. If the animal requires veterinary care and the seizing agency is not assured, within fourteen (14) days of the seizure of the animal(s), that the owner will provide the necessary care, the animal(s) shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the impounding officer. A veterinarian or properly trained animal control officer may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably ill or crippled. A veterinarian or properly trained animal control officer may also immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal(s) by a veterinarian at the expense of the owner or agent. 6.06.060 Return to Owner — Conditions. No animal properly seized under this chapter shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and will provide the necessary care. 6.06.070 Hearings. All hearings conducted pursuant to this chapter shall be conducted by the chief of police or his designee (hearing officer), who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal(s). Hearings shall be conducted in the following manner: A. The hearing officer may continue the hearing for a reasonable period of time, if the hearing officer deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. B. The animal control officer shall have the burden of proof to establish, by a preponderance of evidence, the existence of the condition or conditions which gave rise to the need for the seizure or impoundment. C. In a case where the officer is also seeking to terminate the owner's rights to the animal(s), the officer shall have to put the owner or keeper of the animal(s) on due written notice thereof and shall establish the existence of the owner's or keeper's acts or omissions resulting in cruelty or neglect to the animal(s) by clear and convincing evidence to a reasonable certainty. D. The animal control officer shall present its case first, followed by the party against whom the seizure or impoundment is being proposed. The animal control officer may present rebuttal in the discretion of the hearing officer. E. Oral evidence shall be taken only on oath or affirmation. F. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross- examine opposing witnesses on any other matter relevant to this issue even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence. G. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which mike make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be irrelevant and unduly repetitious evidence shall be excluded. H. At the conclusion of the hearing, each side shall be given an opportunity to summarize its position. I. Within three working days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon, and shall give notice, in writing, of the findings, decision and order to the owner or custodian of the animal(s). J. In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner's rights of the animal(s), the hearing officer as a part of his decision may order, but is not limited to ordering, that one or more of the following actions be undertaken: 1. That the owner's and/or custodian's rights in and to the dog, cat or other animal(s) is terminated; 2. That the owner or custodian of the dog, cat or other animal(s) shall remove the animal(s) from the premises by a specified date; 3. That animal control personnel, after a specified date, shall impound the animal(s). 4. That animal control personnel shall sell, give away, or otherwise dispose of, the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the city or agency as designated by the City for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the City or agency designated by the City. K. A decision upholding seizure or impoundment shall become effective upon issuance. L. A decision terminating an owner's rights in the animal(s) shall become effective thirty (30) days from the date the decision is mailed unless a stay of execution is granted. Sections: 6.08.010 6.08.020 6.08.030 6.08.040 6.08.050 6.08.060 6.08.070 6.08.080 6.08.090 6.08.100 Chapter 6.08 RABID ANIMALS Destruction of Rabid Dog or Animal Suspect Animal - Confinement and Treatment Quarantine of Rabid Animals Animals Bitten by Rabid Animals -Confinement by Owners Animals Bitten by Rabid Animals -Quarantine by Animal Control Officer Immunization for Dogs Over Four Months Immunization Method Certificate of Rabies Vaccination -Issuance Certificate of Rabies Vaccination -Prerequisite to Issuance of License Failure to Quarantine 6.08.010 Destruction of Rabid Do2 or Animal. If it appears to the animal control officer, upon examination, that any dog or other animal has rabies, he/she shall cause such animal to be destroyed forthwith. 6.08.020 Suspect Animal -Confinement and Treatment. A. Officers or persons capturing a dog or other animal which is suspected of being afflicted with rabies may separately confine such dog or other animal in some safe place and report the capture to the chief of police or his representative and submit such a dog or other animal to the chief of police or his representative for examination. B. The animal control officer, when called upon, shall examine or have examined every such animal and ascertain whether such animal is infected with rabies. C. Owners of animals impounded for quarantine at a City or county facility shall be charged a daily quarantine fee in addition to the regular daily boarding fee. D. Animal control officers investigating and authorizing a home quarantine shall collect a fee from the owner or custodian of the animal in an amount established from time -to -time by resolution of the City Council. 6.08.030 Quarantine of Rabid Animals. A. Whenever it is shown that any dog or other animal has bitten any person, the owner or person having custody or possession of such biting dog or other animal shall, upon order of the animal control officer, quarantine it and keep confined for a period not to exceed fourteen days, and shall allow the animal control officer to make an inspection or examination of such dog or other animal at any time during such period; provided, that upon request of the owner, who shall assume any charges therefore, any dog or other animal with a valid vaccination may be confined by a licensed veterinary for observation, and a written release from such veterinary shall be required. B. It is unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the city limits without the written permission of the animal control officer. Every owner or other person having custody or control of the dog or other animal knowing the same is rabid shall immediately notify the animal control officer or a police officer who shall make the determination to remove the dog or animal from the premises, leave it, or destroy it. 6.08.040 Animals Bitten by Rabid Animals - Confinement by Owners. Whenever any animal has been bitten by another animal having or suspected of having rabies, the owner or person having the custody or possession of the animal so bitten shall immediately notify the animal control officer and shall restrain or confine such animal so as to make it impossible for such animal to bite any other animal or person. 6.08.050 Animals Bitten by Rabid Animals - Quarantine by Animal Control Officer. The animal control officer shall have the power to quarantine any animal bitten or suspected of having been bitten by a rabid animal. Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the animal control officer, for a period of up to six months or destroyed, with the exception that the following alternatives are permitted in the case of dogs and cats as follows: A. If a dog over one year of age has been vaccinated against rabies within 36 months but not less than 30 days with a rabies vaccine of a type approved by the animal control officer for a maximum immunity duration of at least 36 months, the dog may be revaccinated immediately (within 48 hours) in a manner prescribed by the animal control officer and quarantined in a place and manner approved by the animal control officer for a period of 30 days following revaccination. B. If a dog under one year of age has been vaccinated against rabies within 12 months but not less than 30 days with a rabies vaccine of a type approved by the animal control officer, the dog may be revaccinated immediately (within 48 hours) in a manner prescribed by the animal control officer and quarantined in a place and manner approved by the animal control officer for a period of 30 days. All costs of quarantine shall be paid for by the owner. 6.08.060 Immunization for Dogs Over Four Months. All dogs over four (4) months of age shall be immunized against rabies in the manner set forth in Sections 6.08.070 through 6.08.090. 6.08.070 Immunization Method. Immunization or vaccination with the canine rabies vaccine, one injection or other approved method may be performed by any duly qualified, licensed physician or veterinarian. 6.08.080 Certificate of Rabies Vaccination -Issuance. The person vaccinating each dog described in Section 6.08.070 shall issue a certificate of rabies vaccination. 6.08.090 Certificate of Rabies Vaccination -Prerequisite to Issuance of License. At the time of issuing the license required under Section 6.16.010 for all dogs in the city, the license collector or other proper official shall require the applicant for such a license to produce a certificate of rabies vaccination. The validity of such rabies certificate must extend through the license period. 6.08.100 Failure to Quarantine. Failure to comply with quarantine requirements or failure to produce an animal for quarantine shall constitute a violation of this Title. Sections: 6.12.010 6.12.020 6.12.030 6.12.040 6.12.050 6.12.060 6.12.070 Chapter 6.12 DOGS - GENERAL PROVISIONS Leash Law Violation Running at Large -Citizens May Capture and Notify Proper Authority Maximum Number of Dogs Selling, etc., Dogs Permitting Dog to Make Nuisance Prohibited - Persons with Defective Sight Excepted Entering, Swimming in Ditches, Canals and Pools Barking Dogs 6.12.010 Leash Law Violation. A. No dog shall run at large in the City. No person owning or having the control or custody of any dog shall permit or allow such dog to run at large within the City. B. A dog is defined to be at large whenever it is elsewhere other than when secured on the premises of the owner or person having custody of such dog and is not restrained by a leash less than ten feet in length under the control of a person capable of controlling such dog. A dog is also defined to be at large whenever it is left unattended in an open vehicle. C. No person shall picket a dog in such a manner that it can go upon any street, alley, public park or other public property or right-of-way. 6.12.020 Running at Large -Citizens May Capture and Notify Proper Authority. A private citizen may capture and hold a dog found running at large shall notify the animal control officer who shall impound such dog. 6.12.030 Maximum Number of Do2s. No person shall keep, house, confine or maintain more than three adult dogs (over four months of age) in any place in the City, other than a licensed commercial kennel. 6.12.040 Selling, etc., Do2s. A. Any person who within the City, or any business entity or other organization located in or doing business in the City, which advertises or offers in any manner, puppies or dogs for sale, trade, barter or to be given away for free, must display in such advertisements, announcements or flyer the following information: 1. the license number and name of the licensing agency of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age); 2. The license number and name of licensing agency of each of the dogs (in the case of animals four months or more of age); 3. The kennel and/or rescue permit number and name of the permitting agency of the owner of each of the mother animals any of whose offspring are so offered (in the case of animals four months of age); and/or 4. The kennel permit and/or rescue number and name of the permitting agency of the owner of each of the dogs so offered (in the case of animals four months or more of age). B. This section shall not apply to public animal shelters or nonprofit humane societies which are in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies. 6.12.050 Permitting Dog to Make Nuisance Prohibited -Persons with Defective Sight Excepted. No person shall permit or allow a dog to make a nuisance on any public property or any private property without consent of the owner of the property. Persons with defective sight, while relying on a dog specifically trained as a guide -dog, shall be exempt from this section. 6.12.060 Entering, Swimming in Ditches, Canals and Pools. No person shall allow or permit any dog belonging to, or under the control of such person to enter, swim or remain in any drainage ditch within the City, or in any settling tank, ditch, canal or reservoir within the City, or any public swimming pool within the City. 6.12.070 Barking Dogs. The repeated barking of any dog within the City is declared to be a public nuisance. Every person who owns, keeps, maintains or permits to be maintained any dog on any premises within the City, whose repeated barking disturbs the peace and quiet of any neighborhood or of any person, shall be deemed guilty of a violation of this section if such person after having been requested to restrain such dog from creating such a public nuisance, suffers or permits such public nuisance to continue. Chapter 6.16 DOG AND DOG KENNEL. LICENSES Sections: 6.16.010 License Required 6.16.020 Term of License 6.16.030 Fees; Fee Exemptions 6.16.040 Application for License 6.16.050 Anti -Rabies Vaccination Required 6.16.060 Issuance of Tags and Certificates 6.16.070 Tag -Attached and Display Required 6.16.080 Tag -Removal Prohibited 6.16.090 Tag -Replacement 6.16.100 Transfer Prohibited 6.16.110 Commercial Kennel License 6.16.120 Kennel Inspection 6.16.130 Kennels -Compliance with Zoning Regulations 6.16.140 Kennels -Sanitation 6.16.150 Kennels -Compliance with License Requirements 6.16.010 License Required. No person within the City owning, possessing, controlling, harboring, or keeping any dog over four (4) months of age shall fail, refuse or neglect to procure a dog license tag for each dog, from the animal control officer or his authorized agent. 6.16.020 Term of License. The term of each dog license and exempt dog license issued shall terminate as of the termination date of the subject dog's most recent anti -rabies vaccination, but not more than three (3) years. The term of each commercial kennel license shall be one (1) year. 6.16.030 Fees: Fee Exemptions. All license fees due and payable hereunder shall be fixed from time to time by resolution of the City Council. No fee shall be charged for: A. Any dog being reared, trained or used as a guide dog for the blind, if the dog is in the possession and under the control of a blind person or a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind; provided, however, an exempt dog license tag shall be obtained for each guide dog. B. Any dog owned by, or in the care of, any person who is a nonresident or who is traveling through the City, or who is temporarily sojourning therein, provided the dog is kept within the City for less than thirty (30) days. An exempt dog license tag shall be issued upon request. C. Any police canine that is in service for duty within the City; provided, however, an exempt dog license tag shall be obtained for each such dog. 6.16.040 Application for License. The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his/her name and address, the name, breed, color, age, and sex of each dog for which application is made, and the grounds for exemption from fees, if applicable. 6.16.050 Anti -Rabies Vaccination Required. As a condition for the issuance of a license, all applicants shall submit to the Chief of Police, or his authorized agent, a certificate issued by a duly- licensed veterinarian certifying that the dog has received anti -rabies vaccination sufficient to immunize the dog against rabies for the license term applied for. 6.16.060 Issuance of Tags and Certificates. A metallic tag and license certificate with corresponding number shall be furnished by the Chief of police, or his authorized agent, upon compliance with all applicable requirements and payment of the appropriate fee. The Chief of Police, or his authorized agent, shall keep a record of the owner or person making payment of the license fee and to whom a certificate and tag has been issued, and the number and date of the certificate and the tag. 6.16.070 Tag Attachment and Display Required. The metal tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for whom the registration is issued. No person shall fail or refuse to show, upon demand of the animal control officer or code compliance officer or any police officer, the license certificate and the tag for any duly -registered dog kept or remaining within any home or upon any enclosed premises under such person's immediate control. 6.16.080 Tag -Removal Prohibited. No person shall remove from any dog any collar, harness, or other device to which is attached a registration tag for the current license year, or remove the tag therefrom without the express written permission of the Chief of Police, or his authorized agent. 6.16.090 Tag -Replacement. If a dog license tag is lost or destroyed, the owner shall immediately procure a duplicate license tag from the Chief of Police or his authorized agent, for which a fee of one-half of the license fee shall be charged and collected. 6.16.100 Transfer Prohibited. No license or license tag issued to one dog shall be transferred to another dog. 6.16.110 Commercial Kennel License. In addition to a business license, every person engaged in the business of operating a kennel or pet shop with a kennel shall obtain and pay for a kennel license from the Chief of Police, or his authorized agent. 6.16.120 Kennel Inspection. The owner, employee or agent will provide Animal Services access to inspect kennels upon request during normal business hours without prior notice. 6.16.130 Kennels -Compliance with Zoning Regulations. No person, firm, or corporation shall maintain, have or operate a kennel in or upon any property within the City unless such property is zoned for such purpose. 6.16.140 Kennels -Sanitation. All kennels shall be kept in a clean and sanitary condition at all times, shall make premises available for inspections upon demand, and shall be sprayed at least once each week with insecticide of sufficient strength to kill flies, fleas, ticks and other similar insects. 6.16.150 Kennels -Compliance with License Requirements. No person shall keep, conduct or operate any kennel without a license as may be required under this Code or any ordinance of the City. The animal control officer or his designee may, in his or her discretion, deny any application for a kennel license whether such application is for an original license or renewal of a license, and may suspend or revoke any kennel license if he or she finds that a kennel fails to meet any or all of the standards for kennels referred to in this Chapter. Sections: 6.20.010 6.20.020 6.20.030 6.20.040 6.20.050 6.20.060 6.20.070 6.20.080 6.20.090 6.20.100 6.20.110 6.20.120 6.20.130 6.20.140 Chapter 6.20 DOGS -IMPOUNDMENT Impoundment Duty and Authority Dogs to be Placed in Comfortable Place with Food and Water Notice of Impoundment -Required Notice of Impoundment -Form -Content Length of Confinement -Dogs with Valid License Tag Length of Confinement -Dogs with No Valid License Tag Fee for Redemption of Impounded Dog(s) Rabies Certification of Vaccination and License Tags to be Procured for Redeemed Dog Disposition of Unredeemed Dogs Killing and Disposing of Dogs When Necessary for Public Health and Safety Sale of Impounded Dogs Redemption of Rabid Dogs Possession of Dangerous Dogs Guard or Sentry Dog 6.20.010 Impoundment Duty and Authority. The animal control officer and every police officer of the City shall promptly seize and impound all dogs that may be found running at large, or harbored or owned contrary to the provisions of this Chapter. 6.20.020 Dogs to be Placed in Comfortable Place with Food and Water. All dogs running at large shall be impounded or confined in a safe and comfortable place and provided with food and water. 6.20.030 Notice of Impoundment -Required. In the event that there is attached to any impounded dog a license tag of the City for the current year, it shall be the duty of the animal control officer to give notice of the impoundment of such dog to the owner or person claiming to own such dog, or to the person to whom such tag shall have been issued, as shown by the records of the City. This notice shall be accomplished within 3 business days after impoundment. 6.20.040 Notice of Impoundment -Form -Content. The notice provided for in Section 6.20.030 shall be given by mailing to such person owning the impounded dog, postage prepaid, a notice in writing stating the fact that such dog has been impounded. Such notice shall be addressed to such person and address as shown by the City records. 6.20.050 Length of Confinement -Dogs with Valid License Tag. The animal control officer shall keep confined as required by this Chapter every impounded dog upon which a valid license tag is found, for six (6) days not including day of impound; unless such dog is sooner redeemed as provided in this Chapter. 6.20.060 Length of Confinement -Dogs with No Valid License or Tag. Every impounded dog upon which no valid license tag is found shall be confined for a period of five (5) days not including day of impound; unless sooner redeemed. 6.20.070 Fee for Redemption of Impounded Dog(s). Any person owning or claiming to own any dog impounded under the provisions of this Chapter may redeem such dog by payment of a fee therefor, the amount of which shall be established from time -to -time by the City Council. Any dog, four months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this chapter. Fees are payable to the animal control officer. For the purposes of this Chapter, any period of four (4) hours or more shall constitute one day. 6.20.080 Rabies Certification of Vaccination and License Tags to be Procured for Redeemed Dog. Any person redeeming any dog impounded under this Chapter shall also procure a rabies certificate of vaccination and license tag, if such certificate and tag have not been issued for such dog. 6.20.090 Disposition of Unredeemed Dogs. Every dog which is not redeemed within the time specified in this Chapter shall be disposed of in the manner set forth in this Chapter by the animal control officer. 6.20.100 Killing and Disposing of Dogs When Necessary for Public Health and Safety. Each officer and person mentioned in Section 6.20.010 is authorized and empowered to cause the death of such dogs in a painless and humane manner and to dispose of the bodies, if in the judgment of such officer or person the same is necessary for the preservation of health and safety of the City. 6.20.110 Sale of Impounded Dogs. A. In the event any dog impounded in accordance with the provisions contained in this Chapter is not claimed by its owner within the time limit specified in this Chapter, the animal control officer may, in lieu of destroying such animal, offer such animal for sale to general public. B. Upon the sale of any dog that has not been spayed or neutered, a deposit for spaying or neutering the dog shall be tendered to the license collector or other proper City official. The deposit shall be in the amount of one half of the spay or neuter fee. C. For any dog over the age of eight (8) weeks of age at the time it is sold pursuant to Subsection A, the dog shall be spayed or neutered prior to the completion of the adoption. If the prospective owner fails to complete the adoption the deposit shall be deemed forfeited. D. Any animal can be released to a nonprofit corporation formed under the provisions of the California Corporation Code commencing with Section 10400 for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to this subsection shall not be subject to the payment of the spay/neuter deposit specified in this Section 6.20.110. E. It is unlawful for any person to remove an impounded animal from an animal control center without the permission of the officer in charge thereof. F. Animal control officers choosing to return an impounded spayed or neutered animal to the owner, in the field, shall collect the appropriate field return impound fee established from time -to - time by resolution of the City Council. G. Animal control officers choosing to return an impounded unaltered animal to the owner, in the field, shall collect the appropriate field return impound fee established from time -to -time by resolution of the City Council. H. Animal control officers picking up an animal at the request of the owner thereof, shall collect a fee from such owner in an amount established from time -to -time by resolution of the City Council. I. Animal control officers providing animal trap service for feral animals or nuisance wildlife that are not considered a public health risk, shall collect a service fee for the first five (5) days and a fee for each additional day thereafter. A replacement fee shall be charged for cat traps and for dog traps which are lost or destroyed. The amount of all such fees shall be established from time -to - time by resolution of the City Council. J. A fee for a micro -chip identification device shall be paid when adopting an animal. The amount of such fee shall be established from time -to -time by resolution of the City Council. 6.20.120 Redemption of Rabid Do2s. Nothing in this Chapter shall be construed as permitting the redemption of any dog having or suspected of having or found afflicted with rabies. 6.20.130 Possession of Dangerous Do2s. The possession of any dangerous dog is unlawful unless such dog is restrained, confined or muzzled such that it cannot bite or attack any person or animal. Any dangerous dog not so restrained, confined or muzzled may be impounded and disposed of in the manner provided m this Title. It is unlawful for the owner of any dangerous dog to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises, a sign having letters at least three (3) inches in height, reading "Beware of Dog." 6.20.140 Guard or Sentry Do2. Any person or business using the services of a guard or sentry dog shall keep posted in a conspicuous place at or near the entrance of the premises, a sign having letters at least three (3) inches in height reading "Guard Dog or "Sentry Dog." Chapter 6.21 DANGEROUS ANIMALS Sections: 6.21.010 Purpose 6.21.020 Inspection 6.21.030 Animals at Large 6.21.040 Temporary Impoundment or Confinement 6.21.050 Hearing Procedures 6.21.060 Notification and Appeal 6.21.070 Dangerous Animals -Disposition 6.21.080 Transfer and Training of Dangerous Animals 6.21.090 Enforcement and Penalties 6.21.100 Exemptions 6.21.010 Purpose. The keeping of an animal defined as dangerous shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3342.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous. 6.21.020 Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever any police officer or animal control officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, a police officer or animal control officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon a police officer or animal control officer by this Code or other applicable law; provided that: A. If such property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the police officer or animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. B. If such property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the police officer or animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. C. Notwithstanding the foregoing, if a police officer or animal control officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he/she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he/she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection. D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in Subsection C of this Section, to permit any police officer or animal control officer to make any inspection provided by Subsection C of this Section. Any person violating this Section may be charged with a misdemeanor. 6.21.030 Animals at Large. A. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty as provided in Subsection B of Section 6.21.090 of this Chapter if such animal bites, attacks or causes injury to any human being or other animal B. Any person who convicted of violating Subsection A of this Section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three (3) years after the date of conviction. 6.21.040 Temporary Impoundment or Confinement. A. The animal control officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending: 1. Any court proceeding; or 2. A hearing to be held pursuant to Section 6.21.050 of this Chapter. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous. B. Failure to surrender to the animal control officer upon demand an animal which is subject to being impounded pursuant to this Section shall be penalized as provided in Subsection B of Section 6.21.090. C. An animal impounded pursuant to the authority of this Section shall be returned to the owner as provided by Section 6.21.070 of this Chapter, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 6.21.050 of this Chapter to declare the animal a dangerous animal has not been served on the owner or custodian within fifteen (15) working days after the impoundment. D. In lieu of impounding and if not contrary to public safety, the animal control officer may permit the animal to be confined at the owner's expense in an animal control officer -approved kennel or veterinary facility or at the owner's residence provided the owner: 1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the animal control officer; and 2. Shall make the animal available for observation and inspection by the animal control officer or members of law enforcement or their authorized representatives. The animal control officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. E. The animal control officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement. F. If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. 6.21.050 Hearing Procedures. A. Petition. If the animal control officer has investigated and determined that there exists probable cause to believe that an animal is dangerous, the animal control officer shall petition the City Manager for a hearing for the purpose of determining whether the animal should be declared dangerous. B. Selection of Hearing Officer. The City Manager shall, within three (3) business days after receiving the petition, nominate not less than two (2) candidates to act as a hearing officer. Such candidates shall be disinterested third parties who shall not have a personal or financial interest in the matter and shall not be demonstrably biased in a manner that suggests a lack of impartiality. Whenever possible, the candidates shall be licensed veterinarians. The names of the candidates shall be promptly communicated to the owner of the animal, and the owner shall have twenty-four (24) hours to disqualify one of the candidates on the grounds that the owner reasonably believes that he/she is prejudiced against the owner or the interests of the owner. The City Manager shall deliver the petition of the animal control officer to the agreed-upon hearing officer. C. Notice. The hearing officer shall notify the owner of the animal that a hearing will be held, at which time the owner may present evidence as to why the animal should not be declared dangerous. The notice, together with a copy of the petition, shall be served upon the owner, either personally or by prepaid first-class mail, return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of the notice on the owner of the animal. D. Conduct of Hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the animal should not be declared dangerous. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the animal control officer. The hearing officer may admit into evidence all relevant evidence, including, incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public. E. Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal or complainant referenced in Subsection D of this Section. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner or complainant, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment 'of the cost of preparation thereof. F. Failure to Appear. The hearing officer may decide all issues for or against the owner of the animal even if the owner fails to appear at the hearing. G. Determinations of Dangerous Animals -Evidence. In making a determination that an animal is or is not dangerous, evidence of the following shall be considered: 1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal; 2. The nature and extent of injuries inflicted and the number of victims involved; 3. The place where the bite, attack or injury occurred; 4. The presence or absence of any provocation for the bite, attack or injury; 5. The extent to which property has been damaged or destroyed; 6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting; 7. Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals; 8. Whether the animal can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the animal had been maintained or cared for by its owner; 10. Any other relevant evidence concerning the maintenance or care of the animal; and; 11. Any other relevant evidence regarding the ability of the owner or the animal control officer, to protect the public safety in the future if the animal is permitted to remain in the City. H. Dangerous Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous and may make other orders authorized by this Chapter and other law. 6.21.060 Notification and Appeal. After the hearing conducted pursuant to Section 6.21.050 of this Chapter, the owner of the animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the hearing officer. If a determination is made that the animal is dangerous, the owner shall comply with the hearing officer's determination and orders in accordance with a time schedule established by the hearing officer, but in no case more than thirty (30) days after the date of the determination or thirty-five (35) days if notice of the determination is mailed to the owner of the animal. If the animal control officer or the owner of the animal contests the determination, he or she may, within five (5) days of receipt of the notice of determination, appeal the decision to the Riverside County Superior Court as provided in California Food and Agricultural Code Section 31622. (Ord. No. 805, §§ 1, 2, 8-28- 00) 6.21.070 Dangerous Animals -Disposition. A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be dangerous, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner: 1. Registration. To immediately register the animal that is found to be dangerous with the animal control officer, to comply with the animal control officer's requirements for dangerous animals (including, but not limited to, requiring the animal to wear a visible, dangerous animal tag), and to keep such animal properly vaccinated at all times. The owner shall pay a fee to keep or maintain one dangerous animal for a twelve-month term, and an additional fee for each additional dangerous animal. The fee shall be paid for each twelve-month term. Should the animal die in any 12 -month term, the owner shall notify the animal control officer of the death within two (2) working days of the death. The owner shall provide proof of the death to the satisfaction of the animal control officer. The amount of the fees shall be established from time -to -time by resolution of the City Council. 2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal control officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the side of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a cleaned sanitary condition. 3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure. 4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal control officer. 5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless thirty days written notice is first given to the animal control officer and the City Clerk's office. 6. Notification. To immediately inform any City, county, postmaster and utility company meter reader and anyone -else that lawfully comes onto the property, of the animal's dangerousness and to inform the animal control officer and/or the hearing officer if the animal is moved to another location inside or outside the City limits as provided in Section 6.21.080 of this Chapter. 7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three (3) inches high. 8. Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, "tattoo" shall be defined as any permanent numbering of an animal by means of indelible or permanent ink. 9. Inspection. To consent and agree to the entry upon the premises to any police officer or animal control officer for the purpose of inspecting the animal and/or premises. 10. Payment of Costs. To make reasonable payment of one-half of the costs incurred by the City and the animal control officer in the hearing process, not to exceed one thousand dollars ($1,000.00). 11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public. The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in Section 6.21.060 of this Chapter. B. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure. C. If, following the hearing, the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, Section 6.21.090(A), which authorizes the hearing officer to order an animal destroyed for violation of this Chapter or failure to meet a condition imposed by the hearing officer. D. Any decisions made by the hearing officer shall be final. E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be dangerous, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. F. If such an unlicensed animal has not been determined to be dangerous, it shall be returned to the owner, -subject to the issuance of a citation for failure to obtain a license. A nondangerous stray animal will be handled as any other stray animal. G. In such cases where an impounded licensed animal is found to be dangerous, the animal may be released subject to the conditions set forth in Subsection A of this Section. 6.21.080 Transfer and Training of Dangerous Animals. A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed dangerous under this Chapter to any person within the City, including, but not limited to, temporary housing in privately -owned and commercial kennels unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal. B. Sale or Transfer Outside City. The owner of an animal that has been deemed dangerous under this Chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the animal control officer of the proposed sale or transfer. Such notice shall be given not less than fifteen (15) days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the animal control officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the animal control officer. C. Sale or Transfer Into City. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal control officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the animal control officer's order, the animal control officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this Chapter. D. Fight Training and Animal Abuse Prohibited. It is unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to: 1. The use or possession of treadmills for fight training; 2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions; 3. The use of weights on the animal for fight training; 4. The use of other animals for blood sport training; 5. Any other activity, the primary purpose of which is the training of animals for animal fight exhibitions. It is further unlawful for anyone to knowingly abuse any animal within the City limits. E. Rewards. Subject to the budgetary and fiscal provisions of this Code, the City is authorized to offer rewards not exceeding two hundred fifty dollars ($250.00) to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, animal control officer or the Mayor. 6.21.090 Enforcement and Penalties. A. Failure to Comply. It is unlawful for the owner of an animal deemed dangerous under this Chapter to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter or of any condition imposed by the hearing officer pursuant to Section 6.21.070 of this Chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the destruction of the animal. No such animal however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen (14) days from the date of the notice: 1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this Chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 6.21.070 of this Chapter; or 2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after (14) fourteen days from the date of such notice, the owner has not complied with the provisions of Subdivisions 1 or 2 of this Subsection, the hearing officer may, without further notice or process, have the animal destroyed. B. Violations and Penalties. Any person violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted. Any person convicted of a violation of this Chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation of the same Chapter provision and perpetrated by the same person. The third and any additional violations on the same provision and perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceed five hundred dollars ($500.00). Notwithstanding the above, the first offense may be charged and prosecuted as a misdemeanor. The payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation. C. Ownership of Dangerous Animals. The owner of an animal determined to be dangerous under this Chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to Section 6.21.060 of this Chapter that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare. D. Enforcement. Any provision of this Chapter may be enforced by the Police Department, Fire Department, the animal control officer or any authorized designee of the City Manager. Complaints of any violations of this Chapter which are subject to penalties under this Section may be presented to the District Attorney's office or to the City Attorney for prosecution. E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this Chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1. F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue anyone or more of the penalties or remedies provided for herein or at law or in equity. 6.21.100 Exemptions. The provisions contained in this Chapter shall not apply to: A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work; B. Any animal shelter owned, operated or maintained by the animal control officer; or C. Any humane society shelter, animal control facility or veterinarian. Chapter 6.24 CATS AND CATTERIES Sections: 6.24.010 Running at Large Prohibited 6.24.020 Impoundment 6.24.030 Length of Confinement 6.24.040 Fee for Redemption of Impounded Cats 6.24.050 Sale of Impounded Cats 6.24.060 Cat Trapping 6.24.070 Commercial Cattery License 6.24.080 Application 6.24.090 Catteries-Compliance with Zoning Regulations 6.24.100 Catteries-Sanitation 6.24.110 Catteries-Compliance with License Requirements 6.24.010 Running at Large Prohibited. No person owning or having the control or custody of any cat shall permit or allow such cat to run at large within the City. 6.24.020 Impoundment. The animal control officer shall promptly seize and impound all cats that may be found running at large. 6.24.030 Length of Confinement. All cats impounded under Section 6.24.020 shall be confined for a period of six (6) days not including the day of impound; unless sooner redeemed. 6.24.040 Fee for Redemption of Impounded Cats. Any person owning or claiming to own any cat impounded under the provisions of this Chapter may redeem such cat by payment of a fee established therefor by resolution by the City Council. An additional sum shall be paid for each day the animal is in the shelter. For the purposes of this Chapter, any period of four hours or more shall constitute one day. 6.24.050 Sale of Impounded Cats. A. In the event any cat impounded in accordance with the provisions contained in this Chapter is not claimed by its owner within the time limit specified in this Chapter, the animal control officer may, in lieu of destroying such animal, offer such animal for sale to general public for a sum equal to the sum which an owner would have to pay in order to have such cat released, plus the cost to have the animal altered. B. Upon the sale of any cat that has not been spayed or neutered a deposit for spaying or neutering the cat shall be tendered to the animal control officer. The deposit shall be in the amount of one half of the total spay or neuter fee. C. For any cat over the age of eight (8) weeks of age and over two pounds at the time it is sold pursuant to Subsection A, the cat shall be spayed or neutered prior to the completion of the adoption. If the prospective owner fails to complete the adoption the deposit shall be deemed forfeited. D. Any deposit not claimed under Subsection B shall be used only for the following purposes: 1. A public education program to prevent overpopulation of dogs and cats. 2. A program to spay or neuter dogs and cats. 3. A follow-up program to assure that animals sold or given away by the pound or shelter are spayed or neutered. 4. Any additional costs incurred under this Section. 6.24.060 Cat Trapping. It is unlawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such a trap is in use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten (10) days in a thirty (30) day period. If a person maintains a trap should trap a lactating female cat, the person shall immediately release the cat thereby eliminating the chance of removing a cat that may be nursing kittens. This section shall not apply when the trap is being used for rabies control as determined by the animal control officer. 6.24.070 Commercial Cattery License. In addition to a business license, every person engaged in the business of operating a cattery or pet shop with a cattery shall obtain and pay for a cattery license from the animal control officer. The terms of each commercial cattery license shall be one (1) year. 6.24.080 Application. The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his/her name and address, the name, breed, color, age, and sex of each dog for which application is made, and the grounds for exemption from fees, if applicable. The animal control officer or his designee may, in his or her discretion, deny any application for a cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any cattery license if he or she finds that a cattery fails to meet any or all of the standards for catteries referred to in this Section. 6.24.090 Catteries-Compliance with Zoning Reiulations. No person, firm, or corporation shall maintain, have or operate a cattery in or upon any property within the City unless such property is zoned for such purpose. 6.24.100 Catteries-Sanitation. All catteries shall be kept in a clean and sanitary condition at all times, shall and shall be sprayed at least once each week with insecticide of sufficient strength to kill flies, fleas, ticks and other similar insects. 6.24.110 Catteries-Compliance with License Requirements. No person shall keep, conduct or operate any cattery without a license as may be required under this Code or any ordinance of the City. Chapter 6.28 LIVESTOCK Sections: 6.28.010 Running at Large—Impoundment 6.28.020 Notice of Impoundment - Required 6.28.030 Fees and Charges - Impounded Animals -Redemption 6.28.040 Right to Redeem 6.28.050 Sale of Impounded Animal - Terms - Time 6.28.060 Sale of Impounded Animal - Bill of Sale 6.28.070 Sale of Impounded Animal - Proceeds 6.28.080 Records 6.28.010 Running at Large—Impoundment. No person owning or having the care, custody, or control of any horse, mule, jack, cow, sheep, goat, or other domestic animal or livestock shall permit the same to be at large and not be under the immediate control of some person. No person shall picket such animal in such a manner that the animal can go upon any of the streets, alleys, or public parks, or public grounds within the city. It shall be the duty of the animal control officer to impound any animal that may be found running at large. 6.28.020 Notice of Impoundment - Required. Within not less than two (2) nor more than five (5) days from the impoundment of any animal under this Chapter it shall be the duty of the animal control officer to give notice of the impounding of such animal to the owner or person claiming to own such animal. If the owner cannot be ascertained, a notice shall be posted for five days in a conspicuous place in the City therein giving a description of each animal impounded and stating that if such animal is not sooner redeemed, the animal control officer will at a time and place named in such notice, sell such animal at public auction to pay the charges and costs provided for in this Chapter. 6.28.030 Fees and Charges - Impounded Animals -Redemption. Any person owning or claiming to own any animal under the provisions of this Chapter may redeem such animal by payment of the fees and charges established in amounts by resolution of the City Council: A. Impoundment. The City shall charge a fee for impoundment, plus the actual costs of transporting the animal, veterinary care and related services rendered to the animal while impounded, the actual costs for the animal control officer as well as any other agencies involved, the actual costs of sale incurred, actual costs of any extraordinary measures required in or for the handling and maintaining of the animal while impounded. Upon impounding any bovine animal, horse, mule or burro, the animal control officer shall comply with Food and Agriculture Code Section 17003 and immediately notify the Secretary of Food and Agriculture. B. Feeding and Keeping. For feeding and keeping any animal, a fee for each day or fraction thereof the same shall remain in the animal control officer's custody. 6.28.040 Right to Redeem. Any animal impounded under this Chapter may at any time be redeemed upon payment to the animal control officer of such fees and charges as may have already occurred under Section 6.28.030. 6.28.050 Sale of Impounded Animal - Terms - Time. At the time and place set forth in the notice of sale, the animal control officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the animal control officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. 6.28.060 Sale of Impounded Animal - Bill of Sale. The animal control officer, upon receiving the purchase money for an animal sold under this Chapter shall provide the purchaser with a bill of sale signed by the animal control officer. 6.28.070 Sale of Impounded Animal - Proceeds. All money received for the sale of an animal under the provisions of this Chapter shall be deposited in the general fund of the City. 6.28.080 Records. It shall be the duty of the animal control officer to maintain accurate records on all animals impounded, redeemed or sold under the provisions of this Chapter. Chapter 6.32 APIARIES Sections: 6.32.010 Purpose and Intent 6.32.020 Definitions 6.32.030 Hives 6.32.040 Fencing of Flyways 6.32.050 Water 6.32.060 General Maintenance 6.32.070 Queens 6.32.080 Colony Densities 6.32.090 Marking Hives, Presumption of Beekeeping 6.32.100 Inspection 6.32.110 Compliance 6.32.010 Purpose and Intent. The city Council finds that honey bees are of benefit to mankind by providing agriculture, fruit, and garden pollination services and by furnishing honey, wax, and other useful products. The City Council recognizes that gentle strains of honey bees can usually be maintained within populated areas within reasonable densities without causing a nuisance if the bees are properly located and carefully managed. The purpose of this Chapter is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas. 6.32.020 Definitions. For the purpose of this Chapter certain terms used in this Chapter are defined as follows: "Apiary" means a place where bee colonies are kept. "Bee" means any stage of the common domestic honey bee, Apis mellifera species. "Colony" means a hive and its equipment and appurtenances including bees, comb, pollen, and brood. "Hive" means a structure intended for the housing of a bee colony. "Robbery" means to take something away from. "Tract" means a contiguous parcel of land under common ownership. "Underdeveloped property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. 6.32.030 Hives. All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and useable condition. 6.32.040 Fencing of Flyways. In each instance in which any colony is situated within twenty- five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest establishment, the beekeeper shall maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty- five (25) feet from the property line of the apiary tract. 6.32.050 Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcock, pet watering bowls, bird baths, or other water sources where they may cause human, bird, or domestic pet contact. 6.32.060 General Maintenance. Each beekeeper shall ensure that no bee comb or other s of materials thatm might encourage all such materials shall promptlye left upon ede disposed sed in a sealed container or placed site. Upon their removal from the hi within a building or other bee proof enclosure. 6.32.070 Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred for gentleness and non -swarming characteristics. 632.080 Colony Densities. A. It shall be unlawful to keep more than the following number of colonies on any tract within the City, based upon the size of configuration of the tract on which the apiary is situated: 1. One quarter acre or less tract size two (2) colonies. 2. More than one-quarter acre but less than one-half acre tract size four (4) colonies. 3. One-half acture but less than one acre tract size (6) colonies. 4. One acre or larger tract size eight (8) colonies. Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from the property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies. Regardless of tract size, so long as all property, other than the tract upon which the hives are situated, that is within a radius of at least two hundred (200) feet from any hive remains undeveloped property, there shall be no limit to the number of colonies. B. For each two (2) colonies authorized under Colony densities (Subsection A) there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth ten -frame hive body with no supers attached as required from time to time for management of swarm. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired. 6.32.090 Marking Hives, Presumption of Beekeeping. A. In apiaries, name and telephone numbers shall be branded, painted, or otherwise clearly marked upon the structure of at least two (2) hives at opposite ends of the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth the name and telephone number of the beekeeper. It is a defense to prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides. B. Unless marked in accordance with Subsection (A) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper. 632.100 Inspection. The Code Enforcement Officer, Animal Control Officer, or Police Chief shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives. 6.32.110 Compliance. A. Upon receipt of information that nay colony situated within the City is not being kept in compliance with this ordinance, the City Manager or Police Chief shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of hearing to be issued to the beekeeper. B. The notice of hearing shall set forth: 1. The date, time and place at which the hearing will be conducted. 2. The violation(s) alleged, 3. That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses, and request a court reporter. 4. That the bees may be ordered destroyed or removal from the City if the hearing officer finds that they have been kept in violation of this article. Notice shall be given by certified United States Mail or personal delivery. However, if the City is unable to locate the beekeeper, then the notice may be given by publication one time in a newspaper of general circulation at least five (5) days prior to the date of the hearing. C. The hearing shall be conducted by City Manager or any officer that he may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this ordinance. If the hearing officer finds that the colony or colonies have been kept in violation of this Chapter, then he may order that the bees be destroyed or removed from the City, not to exceed twenty (20) days, and that bees not thereafter be kept upon the tract for a period of two (2) years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he may issue a warning in lieu of ordering the bees be removed or destroyed. Upon failure of the beekeeper to comply with the order, the officer may cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expense for their return. D. The decision of the hearing officer may be appealed to the City Council by filing a notice to appeal with the City within ten (10) days following the date that the hearing officer announces his decision, or if the decision is not announced at the conclusion of the hearing, then within fifteen (15) days following the date that the hearing officer places written notice of his c\decision in the mail to the beekeeper. An appeal shall not sway the hearing officer's decision, and it shall be the responsibility of the beekeeper to remove the bees from the City pending the determination of the appeal. E. The provisions of the section shall not be construed to require a hearing for the destruction of (1) any bee colony not residing in a hive structure intended for beekeeping or (2) any swarm of bees or (3) any colony residing in a standard or man-made hive, which by virtue of its condition, has obviously been abandoned by the beekeeper. THE PRESS -ENTERPRISE 3512 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance 935 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 04-21-08 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Apr. 21, 2008 At: Riversi.e, alifornia a BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9191033 PO #: Agency #: Ad Copy: NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a pub- lic hearing on Tuesday, April 1, 2008 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street Beaumont, Califor- nia 92223, to receive testimony and comments from all inter- ested persons regarding the adoption of the following matter(s): Ordinance No. 935 An Ordinance of the City Council of the City of Beau- mont, California amending, in its entirety, Title 6 of the Beaumont Municipal Code Entitled Animals' It is the purpose and intent of this Ordinance to amend Ti- tle 6 of the Beaumont Munici- pal Code which provides for the regulation of animals, in- cluding, but not limited to the possession, caring and con- trol, as well asulating com- mercial establishments relat- ing to animals. Ordinance No. 935 was adopted at its second reading on April 8, 2008 by the follow- ing vote: AYES: Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: April 17, 2008 Shelby Hanvey Deputy City Clerk 4/21 The Press -Enterprise 4/17/08 HE PRESS- NTERPRIS 2:59: PAGE 2/2 RightFAX CLASSIFIED r) r~� r. RiversldeFoA92n5013878` St. ADVERTISING 1 Printed by: Emerson, Diane Ad #: 9191033 1-800-514-7253 at: 2:59 pm 951484-1200 on: Thursday, Apr 17, 2008 951-368-9006 Fax :::. Payment Information:..,.::.::::::.,:.:::::.,-::::::::.,:,:::.::::::..::::::.:.:.::::::::::::,..,:.::._:::::::.,:,::.:::::::::::::::::.:::.:::::::::......::.._:.......::.::::.:._._:._::. Date Payment # Type Card Holder Exp. Approval Amount Total payments: $ 0.00 Note: Advertising may be subject to credit approval. :.;: Account Information .......: ;....::: Phone #:• (951) 769-8520 Name: BEAUMONT, CITY OF / LEGAL Address:: 550 E SIXTH ST BEAUMONT CA <Accta#: 112154 Client:: Placed by, SHELBY HANVEY Fax #;: (951) 769-8526 rri Ad lnfarmattore Classification'j. Legals Publications': Press -Enterprise Start date' 04-21-08 Stop date:: 04-21-08 Insertions;: 1 Rate code ` LE City Ad type: Ad Liner Taken by; Emerson, Diane Size:: 1x53.110 .................. Bill size: 54.00x 5.14 agate lines 92223 Ad Copy: NOTICE 18 HEREBY GIVEN that the Beaumont City Council conducted a pub- lic hearing on Tuesday, April 1, 2008 in the room 5 at the Beaumont Civic Center, 550 E fith Street, Beaumont, Califor- nia 92223, to receive testimony and comments from all inter- : ested persons regarding the adoption of the following matter(s) Ordnance No. 935 An Ordinance of the City Council of the City of BMu- mont, California amending, in Ns entirety, Tile B of t Beaumont Munklpel Code Elided "Min's" It is the purpose and intent of this Ordinance to amend Ti- tle 6 of the Beaumont Munic- pal Code which provides for the regulation of animals, in- cluding. but not limited to the possession, caring and con- trol, as well as regulating com- mercial establishments relat- ing to animals Ordinance No. 935 was adopted at its second reading on April 8, 2008 by the follow- ing vote. AYES. Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel. NOES None ABSTAIN: None ABSENT. Council Member Fox Date. April 17, 2008 Shelby Hanvey Deputy City Clerk 4721 Gross price: Net price: Total payments: $ 59.40 $ 59.40 $ 0.00 Amount Due:: $ 59.40 City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@ci.beaumont.ca.us www.ci.beaumont.ca.us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, April 1, 2008 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 935 An Ordinance of the City Council of the City of Beaumont, California amending, in its entirety, Title 6 of the Beaumont Municipal Code Entitled "Animals" It is the purpose and intent of this Ordinance to amend Title 6 of the Beaumont Municipal Code which provides for the regulation of animals, including, but not limited to the possession, caring and control, as well as regulating commercial establishments relating to animals. Ordinance No. 935 was adopted at its second reading on April 8, 2008 by the following vote: AYES: Mayor DeForge, Council Members Killough, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: April 17, 2008 Shelby Hanvey Deputy City Cl Published: Press Enterprise — One Time on April 21, 2008 ORDINANCE NO. 936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 17.06 TO THE BEAUMONT MUNICIPAL CODE ENTITLED WATER EFFICIENT LANDSCAPE REQUIREMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWINGS: Section 1: Chapter 17.06 entitled "Water Efficient Landscape Requirements", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of May, 2008 by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Fox, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 3rd day of June, 2008 by the following roll call vote: AYES: Mayor DeForge, Council Members Killough, Berg, an Dressel NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: By: Deputy City Cler Chapter 17.06 LANDSCAPE REQUIREMENTS Sections: 17.06.010 Purpose 17.06.020 Applicability 17.06.030 Landscaping Requirements 17.06.040 Street Trees 17.06.050 Plant and Irrigation Requirements 17,06.060 Implementation 17.06.070 Landscaping Used for Screening 17.06.080 Landscape Maintenance 17.06.090 Nonconforming Landscaping 17.06.100 Compliance 17.04.010 PURPOSE. It is the intent of the City Council in adopting this Ordinance: A. To promote water -efficient landscaping, water use management and water conservation through the use of water -efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management; B. To reduce the water demands for landscapes without a decline in landscape quality or quantity; C. To retain flexibility and encourage creativity through appropriate design; D. To assure the attainment of water -efficient landscape goals by requiring that landscapes not exceed a maximum water demand of eighty percent (80%) of its reference evapotranspiration (ETO) or any lower percentage as may be required by state law; E. To eliminate water waste from overspray and/or runoff; and F. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program. 17.04.020 APPLICABILITY. A. The water -efficient landscape requirements contained in this Chapter shall be applicable to all discretionary permits and/or approvals for commercial, industrial, and residential uses including, but not limited to, subdivision common areas and perimeter landscaping, except for grading permits for such commercial, industrial, and residential uses. B. In the event Covenants, Conditions and Restrictions are required by the City, a condition shall be incorporated into any project approval prohibiting the use of water -intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This Chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. 17.04.030 LANDSCAPING REQUIREMENTS. The following general requirements with respect to landscaping are required of all new development. A. Required Landscaping for Non-residential Uses. For nonresidential uses, all front, side, and rear yards shall be landscaped and maintained. The types of plants, their sizes, number, irrigation, and maintenance shall comply with the landscaping standards of the City. B. Required Landscaping for Residential Uses. Landscaping in residential zones shall be required in front, side, and rear yards where the lot adjoins a dedicated street. C. Additional Landscaping Required in Multiple family Zones. Aside from required landscaping in yards, developments in the RMF zone shall provide landscaping and street trees or sidewalks and street trees for the parkway portions of adjoining streets. D. Maintenance of Landscaping. The following requirements apply to the maintenance of landscaping: 1. Property owners shall maintain the planting strip abutting each property regardless of whether the property is developed or not, except that routine maintenance on any City -owned tree shall be conducted only by the Public Works Department. 2. Any tree, shrub, or part thereof on private property that overhangs any street so that it endangers life, safety, or public property shall be removed, trammed, or cut off within ten (10) days of written notice from the City. 3. Occupants of a property abutting a public street or alley shall keep private trees from overhanging into the public right-of-way. Trees shall be trimmed to maintain a minimum clearance of ten (10) feet above the sidewalk, fourteen (14) feet above a curb, seventeen and one-half (17%) feet at center in residential areas, and seventeen and one-half (17'/2) feet above the curb at bus stops. 4. Front and side yards shall not be used for off-street parking of vehicles or loading spaces. E. Parking Areas Landscaping. Parking areas shall be landscaped pursuant to the provisions of Section 17.05 of this Title. 17.06.040 STREET TREES. This section applies to street trees located within the public right-of-way. A. Street Trees Required in New Development. Street trees may be required as conditions of approval for any subdivision, lot split, or other permit issued in compliance with this title or other applicable City regulation. Street trees shall be twenty-four (24) inch box trees or larger. B. Permitted Plantings. Only trees approved by the Planning Director shall be planted along a public street, parking strip, public right-of-way, or parkway. C. Responsibility for Maintenance. Owners of a property fronting a public street shall be responsible for the adequate watering of all street trees abutting that property and shall bear the cost of replacement of any street tree that dies as a result of insufficient watering or care. D. Alteration or Removal. No person shall plant, trim, or remove any tree or shrub on any, public street or right-of-way without approval of a permit by the Public Works Department. Such permits shall be granted to public utility companies and agencies to ensure the safe operation of their businesses and shall be valid for one (1) year from the date of issue. E. Prohibitions. The following acts in planting strips or parkway areas are prohibited: 1. Construction of a tree well with diameter less than four (4) feet or otherwise filling the ground area around a tree so as to shut off light, air, or water from the roots. 2. Piling of any, building material, equipment, or other substance around any tree so as to cause injury. 3. Pouring of any deleterious matter on or around any tree or on the ground or on any lawn in such a manner as to damage the tree. 4. Cutting, breaking, defacing or damaging a tree in any manner whatsoever. 5. Placing or allowing to remain in any parkway area any vegetation (other than an approved tree) or structure exceeding eighteen (18) inches in height. 6. Posting or affixing to any City tree any bill, poster, picture, placard, announcement, notice, advertisement, or sign. F. Violation of any provisions of this Section shall be considered a misdemeanor. 17.06.050 PLANT AND IRRIGATION REQUIREMENTS. A. PLANT REQUIREMENTS. 1) The "Riverside County Guide to California Friendly Landscaping" (Landscaping Guide) is hereby incorporated by this reference and shall be used to assist the project applicant in choosing and grouping plant species with similar water demands to facilitate efficient irrigation through use of the Water Budget Formula contained in the Landscaping Guide. The plant list contained in the Landscaping Guide provides a classification of high, moderate, low and very low water use for each plant. In order to incorporate plant species other than those listed, the project applicant shall provide the Planning Director with information indicating the water requirements of the species. This information shall include a description of the plant, including but not limited to, its water requirements, field data, and a comparison of the plant to a similar species included in the plant list. The selection of low water use, native or drought tolerant plant species is strongly encouraged. 2) Plant types shall be grouped together with consideration of their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. 3) Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be planted to provide natural cooling and warming opportunities for the purpose of energy and water conservation. 4) Soil tests on all projects are required for appropriate specifications of soil amendments, and to facilitate selection of water -efficient plant species suitable for the site. Soil amendments such as compost shall be provided to improve water holding capacity of soil, where soil conditions warrant. 5) All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three-inch (3") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one-half inches (1 '/2"). 6) Turf areas shall be used wisely in response to functional needs and in compliance with the water budget formula and specifications in the Landscaping Guide. B. IRRIGATION REQUIREMENTS. 1) All irrigation systems shall be designed to prevent runoff, over - spray, low -head drainage and other similar conditions where water can flow off- site onto adjacent property, non -irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. 2) Landscaped areas shall be provided with a "smart" irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of such a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e. turf separate from shrub and groundcover, full sun exposure areas separate from shade areas; top of slope separate from toe of slope). Additional water conservation technology may be required at the discretion of the Planning Director. 3) Water systems for common open space areas shall use non-potable water, if approved facilities are made available by the water purveyor. Facilities for the conversion to a non-potable water system shall be provided. Non-potable water system shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. 4) Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the Landscaping Guide. 5) All irrigation systems shall be equipped with the following: a. A smart irrigation controller as defined in Section B. 2) of this Ordinance; b. A rain sensing device to prevent irrigation during rainy weather; c. Anti-drain check valves installed at strategic points to minimize or prevent low-head drainage; and d. A pressure regulator when the static water pressure exceeds the maximum recommended operating pressure of the irrigation system. 17.06.060 IMPLEMENTATION. In addition to the provisions contained in this chapter, the project applicant shall comply with all the provisions of the Beaumont Municipal Code, including, but not limited to, parking, landscaping, irrigation and shading requirements, and the following provisions: A. All landscaping and irrigation plans submitted shall comply with the following requirements: 1) Landscaping plans shall be prepared using the Water Budget Formula contained in the Landscaping Guide. In addition, landscaping plans shall provide a water budget which includes estimated annual water use (in gallons/acre feet) and the area (in square feet/acres) to be irrigated, precipitation rates for each valve circuit, and the irrigation schedules required pursuant to Section 15.44.040 A.2. Separate valves shall be provided for separate water-use planting areas, so that plant materials with similar water needs are irrigated by the same irrigation valve. The estimated annual water use, calculated by adding the amount of water recommended in the irrigation schedule shall not exceed the allowable water budget. 2) Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. Irrigation schedules shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. 3) Landscape plans shall consist of separate Planting and Irrigation Plans, both drawn at the same size and scale, and shall accurately and clearly include the following information: a. Planting plans shall identify and site the following: I. New and existing trees, shrubs, ground covers, and turf areas within the developed landscape area; II. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; III. Designation of hydrozones; IV. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; a. Property lines, streets, and street names; b. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; c. Appropriate scale and north arrow; V. Planting specifications and details, including the recommendations from the soils analysis, if applicable. b. Irrigation plans shall identify and site the following: I. Irrigation point of connection (POC) to the water system; II. Static water pressure at POC; III. Location and size of water meter(s); IV. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment; V. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; VI. Precipitation rate (inches per hour) for each overhead spray circuit; VII. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate; VIII. Irrigation system details for assembly and installation; XI. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; X. Calculation of landscape water budget using the water budget formula contained in the Landscaping Guide. B. If the water purveyor to a proposed project has adopted more stringent water -efficient landscaping requirements, as determined by the Planning Director, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. 17.06.070 LANDSCAPING USED FOR SCREENING. This section indicates the requirements with respect to the landscaping of buffers. A. Landscaped Buffers for Industrial Uses. A landscaped buffer shall be provided along the boundary of all industrially zoned property where it abuts a residential or conunercial zone. B. Walls. Where a berm is provided, a three (3) to six (6) foot high masonry wall is allowed at the setback line with a berm to add to its height. C. Passive Recreational Use of Buffers. Buffers located along the outer perimeter of a parcel may be used for passive recreation. 17.06.080 LANDSCAPE MAINTENANCE. The property owner shall permanently and continuously maintain all landscaping in a neat, clean, and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and/or dead plants. Front and side yards shall not be used for off-street parking of vehicles or loading spaces. All yards abutting public streets are required to be landscaped and meed with at least 85% of the area covered with growing plant. 17.06.090 NONCONFORMING LANDSCAPING. This section indicates the requirements with respect to nonconforming landscaping. Nonconforming landscaping is defined as any combination of plant materials, water features, and irrigation systems that do not conform to the site coverage, percentage distribution, installation, maintenance, or other requirements of this Chapter. A. Nonconforming Landscaping Maintained. Any landscaping that is made nonconforming by the provisions of this ordinance or any previous ordinance regulating landscape coverage, distribution, installation, or maintenance shall not be required to be improved to meet the minimum standards of this Chapter unless improvements to the site are made as outlined in subparagraph B below. B. Landscaping Required with Improvements. Whenever improvements to an existing building or development site are proposed and the value of such improvements is equal to or greater than fifty (50) percent of the total assessed value of existing property improvements, as determined by the Planning Director, then all nonconforming landscaping shall be required to be improved to meet the minimum standards of this Chapter. 17.06.100 COMPLIANCE. The Planning Director or his/her designee shall have the duty and authority to administer and enforce this chapter. A. Prior to issuance of a building permit for a project subject to this Chapter, or as otherwise specified in the conditions of approval for a project, Planting and Irrigation Plans prepared for the project shall be submitted for review and approval by the Planning Director. Both the Planting and Irrigation Plans shall be reviewed by an independent licensed landscape architect to ensure that all components of the Plans adhere to the requirements of this Chapter. The licensed landscape architect shall sign the Plans verifying that the Plans comply with this Chapter. Any Plans submitted without the signature of a licensed landscape architect shall not be accepted for review. B. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a Certificate of Completion shall be submitted to the Planning Director certifying that the landscaping has been completed in accordance with the approved Planting and Irrigation Plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall indicate that: 1) The landscaping and irrigation facilities have been installed in conformance with the approved Planting and Irrigation Plans; 2) The smart irrigation controller has been set according to the irrigation schedule; 3) The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and 4) Copies of the irrigation schedule has been posted at the controller and given to the property owner. C. The Planning Director or his/her designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping to conduct inspections for the purpose of enforcing this Ordinance. THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 936 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of Califomia, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 07-18-08 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Jul. 18, 2008 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9362530 PO #: Agency #• Ad Copy: LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a pub- lic hearing on Tuesday, June 3, 2008 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont Califor- nia 92223, to receive testimony and comments from all inter- ested persons regarding the adoption of the following matter(s): Ordinance No. 936 An Ordinance of the City Council of the City of Beau- mont, California Adding Chap- ter 17.06 to the Beaumont mu- nicipal Code Entitled Water Efficient Landscape Requirements It is the purpose and intent of this Ordinance to Add chap- ter 17.06 to the Beaumont Mu- nicipal Code. Ordinance No. 936 was adopted at its second reading on June 3, 2008 by the follow- ing vote: AYES: Mayor DeForge, Coun- cil Members Killough, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: July 16, 2008 Shelby Hanvey Deputy City Clerk 7/18 H. "Parade" means a parade, procession, march, pageant, review, ceremony or exhibition which is conducted in, on, upon or along any portion of any public street, sidewalk or other property owned or controlled by the City, so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the City; except, however, the provisions of this Chapter shall not apply to funeral processions. I. "Special event" means any temporary event, as further described herein, not exceeding thirty days whether indoors or outdoors, or on improved or unimproved public or private property, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted thereon. "Special event" shall also refer to any activity that may result in the closure of any public streets, or any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials. "Special events" may include, but are not limited to, short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, lecture, auction, rave, boxing match, wrestling match, walk-a-thon, marathon run, cycling event, sporting event, permitted film production event, farmers' market, pumpkin patch, outdoor sales, including, but not limited to, vehicle sales, or any combination thereof which members of the public are invited for free or admitted for a fee. All "special events" shall be classified under one of the following categories: 1. "Major special events" shall mean those events that impact multiple departments within the City and (a) have participation by five hundred or more persons, or (b) will result in the closure of a City roadway, street, right-of-way, or highway, or more than fifty percent of a City park (i.e., carnivals, parades, festivals, car races, marathon events, street fairs). 2. "Minor special events" shall mean those events that impact multiple City departments and (a) have participation by less than five hundred persons, or (b) will have an impact on City rights-of-way (i.e., 5K/10K races, bicycle rides, boxing matches, block parties, grand openings). 3. "Miscellaneous special events" means those events which impact only one City department, including, but not limited to, the following departments: a. Community development; b. Police department; c. Parks, recreation and family services; or d. Fire department. 4. "Working day" means a weekday (e.g., Monday through Thursday) in which City Hall is open and conducts business. Fridays, Saturdays, Sundays and holidays are not working days within the meaning of this Chapter. Section 9.03.030 Special Events Committee Established 3 A special events committee composed of representatives from each City department is hereby established. The committee will meet on an as -needed basis to review special event applications. The chair for the special events committee shall be the administrative authority. Section 9.03.040 Permit Required No person or organization shall conduct, operate, maintain, organize, advertise, or sell or furnish tickets for a special event or permit its premises to be used for any special event without first obtaining a special event permit as provided for by this Chapter. Special event permits for events which fall into the "major," "minor" and "miscellaneous" special events categories shall be approved by the administrative authority and issued prior to the commencement of the special event. No permit issued under the provisions of this Chapter shall be transferable or movable to another location or another applicant. Section 9.03.050 Permit Application --Filing and Fee A. Applications for permits to conduct special events shall be completed in writing on a form provided by the City and shall be filed with the administrative authority within the time frames listed below: 1. Major Special Events. Applications shall be filed not less than sixty working days prior to the opening date of the event. 2. Minor Special Events. Applications shall be filed not less than thirty working days prior to the opening date of the event. 3. Miscellaneous Special Events. Applications shall be filed not less than seven working days prior to the event. If an application on its face demonstrates that the applicant wishes to exercise his or her free speech rights, as defined in this article, such application shall be filed not less than four working days prior to the event. B. Only one "major special event" or one "minor special event" permit may be obtained every three months for any particular event site. This subsection, however, shall not apply to an event involving an exercise of free speech rights. C. Except as otherwise provided by this code or other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the City Council, the permit application fee for use of City streets or other City - owned or controlled property and private property pursuant to this Chapter shall be established by the City Council by resolution and is non-refundable. The applicant shall obtain all required permits and pay all fees required under this Chapter and any other permits and fees required under this code. Any applicant who pays an application fee under this Chapter for a City - sponsored special event shall be exempt from paying a business application fee under Chapter 5.02 of this code. 4 D. Any 501(c)(3) nonprofit organization may claim an exemption from the established fee schedule by filing proof of such status and explaining why such an exemption is appropriate. Such an exemption shall only be granted when the administrative authority determines that there is an alternate source of funding available to cover the cost of the City inspection necessitated by the event. E. Any indigent, natural person who cannot apply for a permit because of an inability arising from such indigence to pay this application fee shall not be required to pay the fee. Application for indigent status shall be made at the time the permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the administrative authority, be reasonable necessary to verify such status. F. If an application is filed after the time prescribed in this Chapter, the administrative authority shall immediately investigate to determine if he or she has sufficient time to process the application, what the effects of the proposed special event on traffic and other conditions may be, and whether police services may be available for such special event. The applicant shall have the opportunity to demonstrate that the circumstances giving rise to the proposed special event did not reasonably allow the applicant to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech or assembly. If such demonstration is made, and the administrative authority makes none of the findings set forth in Section 9.03.070 of this Chapter, he or she shall issue a permit despite the lack of advanced notice. Section 9.30.060 Permit Application --Required Information Applications shall be upon a form which is furnished by or acceptable to the administrative authority. Each application shall provide full, complete and detailed information including, but not limited to, the following: A. All special events: 1. The name, address, telephone number and California Driver's License number or California Identification number of both the applicant and any alternative contact person; 2. If the event is proposed to be sponsored by an organization, the name, address and telephone number of the organization, and the authorized head of the organization. If the application is made by a partnership, the names and addresses of the partners must appear. If the application is a corporation, the application must be signed by the president, vice president and secretary thereof and must contain the addresses of the corporate officers and a certified copy of the articles of incorporation shall be submitted with the application; 3. The name, address and telephone number, and California Driver's License number or California Identification number of the person(s) who will be present and in charge of the event on the day(s) of the event. All persons listed pursuant to this 5 subsection shall be deemed responsible for the special event and any and all conditions imposed pursuant to a permit; 4. The nature/purpose of the event; 5. Date and estimated start and ending time of the event, and days and hours of operation, including set-up and clean-up times; 6. Location of the event, including its boundaries; 7. Site plan and/or building elevations for the event; 8. Estimated number of participants and spectators in the event, including estimated number of vendors and contractors involved with the event; 9. Number of applicant's agents or employees to be working at the event; 10. The type and estimated number of vehicles, animals, and structures which will be used at the event; 11. The size, shape and material of signs or banners to be posted at the event or along a parade route, if any, and the method of posting. All signs posted must be in compliance with the regulations concerning signs as set forth in Chapter 18 of this code; 12. Description of the availability of water and toilets; 13. Description of any sound amplification equipment which will be used at the event. Any amplification of sound must comply with the City's noise standards as set forth in Chapter 10.16 of this code; 14. Whether any food, beverages or merchandise will be sold at the event; 15. Whether any alcoholic beverages will be sold or dispensed at the event. Any sale or consumption of alcoholic beverages at a special event must comply with the City's regulations regarding the public consumption and possession of alcohol beverages as set forth in Section 9.20 of this code; 16. Whether volunteers will be employed to monitor the event; 17. Description of vehicle parking spaces needed, vehicle access and on-site traffic control for the event. A plot plan showing arrangement of the facilities including those for parking, egress and ingress shall be submitted with the application; 18. Description of type of medical services and fire protection services to be provided for the event such as first aid stations, medical triage areas and stand-by ground ambulances; 6 19. If medical aircraft such as air rescue or air ambulance services will be utilized, a description of the type of aircraft, the estimated arrival time, location of the landing site and contact person responsible for air operations; 20. A statement of any specialized medical resources or personnel that are required by the rules or regulations of the event, above the level of advanced first aid, in order for the event to be conducted, i.e. physicians for boxing matches; 21. Number of tickets sold at a previous event, if applicable, and number of tickets anticipated to be sold at the event; 22. If it is proposed or expected that spectators or participants will remain at night or overnight, a statement of arrangements for illuminating the premises and for camping or similar facilities; 23. A statement of the proposed cleanup of the premises and removal of trash after the event has concluded; 24. The name, telephone number, address and business license number of any business providing security officers. B. Additional information required for parades, races and other events affecting City right-of-ways: 1. The assembly point for the event, the time at which units of the parade or other event will begin to assemble; 2. The route to be traversed; 3. Whether the parade or other event will occupy all or only a portion of the streets proposed to be traversed; 4. The intervals of space to be maintained between units of a parade or other event; 5. The number, types and size of floats, if any; 6. Material and maximum size of any signs or banners to be carried along the route. C. The administrative authority may request supplemental application information from the applicant which the administrative authority deems reasonably necessary, under the particular circumstances of the special event application, to determine whether to approve, deny or conditionally approve a special event permit application. A request for supplemental 7 application information shall not effect the relevant application processing time period set forth in this Chapter. D. An application will be deemed incomplete if it tacks any information required by Section 9.03.060 of this Chapter. An incomplete application shall not trigger the relevant application processing times prescribed in Section 9.03.050 of this Chapter until the applicant submits a full, complete and detailed application. The City reserves the right to amend or modify the permit application form at any time. Section 9.03.070 Permit Issuance or Denial A. The administrative authority shall approve, conditionally approve or deny applications for special event permits based, on compliance or noncompliance with the provisions set forth within this Chapter. The administrative authority may refer the application to such appropriate City departments as he or she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application. B. The administrative authority shall issue the permit, conditioned upon the applicant's written agreement to comply with any and all terms of this Chapter and any conditions imposed on the issuance of the permit, unless he or she finds that: 1. The information contained in the application is false or intentionally misleading, the applicant failed to remit fees and deposits, or failed to provide proof of insurance and an indemnification agreement if required, or failed to provide supplemental application information after having been notified; 2. The temporary use of the City's rights-of-way or property will endanger public health, welfare or safety for the reasons set forth herein, and reasonable adjustments to the community traffic control, street and property maintenance, or police, fire or ambulance protection would not alleviate such danger: a. An application received prior in time has been approved for the same time and place so close as to cause undue traffic congestion or exceed the ability of the City to provide police and other services for both uses, events or activities; b. The time, route or size of the proposed use, event or activity will disrupt traffic within the City beyond practical solution; c. The proposed use, event or activity will prevent proper police, fire or ambulance service to contiguous areas or interfere with access to fire stations and fire hydrants; d. The location of the proposed use, event or activity will substantially interfere with construction or maintenance work scheduled upon or along the City streets or rights-of-way; 8 e. The preparation for or the conduct of the proposed use, event or activity will unduly impede, obstruct or interfere with the City's ability to perform municipal functions or furnish City services in the vicinity of the event area; f. The parade or other event moving along a route within the City and on City rights-of-way will not move from its point of origin to its point of termination in three hours or less; g. The event shall occur at a time when a school is in session, at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class thereof; h. The event shall occur at a route or location adjacent to a hospital, fire station or place of worship and the noise or other disruptions created by the event would substantially disrupt the activities of said hospital, fire station or place of worship. C. Within thirty working days after the filing of the permit application for a "major special event," the administrative authority shall issue, conditionally approve or deny the permit, and shall notify the applicant, in writing, of the action taken. D. Within five working days after the filing of the permit application for a "minor special event," the administrative authority shall issue, conditionally approve or deny the permit, and shall notify the applicant, in writing, of the action taken. E. Within five working days after the filing of the permit application for a "miscellaneous special event," the administrative authority shall issue, conditionally approve or deny the permit, and shall notify the applicant, in writing, of the action taken. If a permit application on its face demonstrates that the applicant wishes to exercise his or her free speech rights, as defined in this Chapter, the administrative authority shall issue, conditionally approve or deny the permit application within three working days after the filing of the permit application, and shall notify the applicant of the action taken. F. In those instances when issuance or denial occurs three days or less before the proposed use, event or activity the administrative authority is authorized to use other reasonable means of notification provided the applicant is provided with actual notification. G. If the administrative authority denies the permit, he or she shall set forth the reasons for denial. The administrative authority's decision shall be final unless appealed. H. If the application could be approved subject to conditions, as authorized in Section 9.03.080 of this Chapter, the administrative authority shall, instead of denying the application, conditionally approve the application subject to such corrections and conditions. The conditions imposed shall provide only for such modifications of the applicant's proposal as are 9 reasonably necessary to avoid situations described in subsections (B)(2)(b) through (B)(2)(h) of this section. Section 9.03.080 Permit Conditions The administrative authority may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as necessary to protect the safety of persons and property, and the control of traffic, provided such conditions shall not unreasonably restrict free speech rights. Such conditions include, without limitation: A. Alteration of the date, time, route or location of the event proposed on the event application; B. Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route; C. Conditions concerning accommodation of pedestrian, adequate parking space, or vehicular traffic and control, including restricting the event to only a portion of a street traversed; D. Requirements for the use of traffic cones, delineators or barricades; E. Requirements for the provision of first aid, medical or sanitary facilities; F. Requirements for use of event monitors, and providing notice of permit conditions to event participants; G. Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures and decorated vehicles for safety purposes; H. Compliance with animal protection Chapters and laws; I. Requirements for use of trash containers, cleanup and restoration of City property or right-of-way; J. Restrictions on use of amplified sound; K. Notification to businesses and residences along the affected street(s); L. Compliance with any relevant Chapter or, law and obtaining any legally required permit or license; M. Restrictions on the consumption of alcoholic beverages; N. Inspection by City staff or designee(s) before, during and after the event; 10 0. Requirements for additional police officers or security officers for an event of five hundred or more participants. Said security officers must be uniformed guards licensed by the state and in possession of a valid guard card at all times during the special event. Said security officers must present their valid guard cards upon the request of any police officer. This subsection, however, shall not apply to an event involving an exercise of free speech rights; P. Requirements for additional fire protection if the event is located in or near a hazardous fire area; Q. Requirements for the provision of fire protection equipment or the removal of flammable vegetation, materials or other fire hazards; R. Requirements for an ample supply of portable water for drinking and sanitation purposes on the premises of the event. All water shall meet federal, state and county health and safety standards; S. Requirements that food concessionaires be licensed and operate under a valid health department permit pursuant to state and local laws and that an adequate supply of food available at the event for each day of operation to adequately feed the number of persons expected to be in attendance; T. Requirements for the use of electrical illumination for special events occurring after dark; U. Requirements for the use of overnight camping facilities and overnight areas that meet the requirements of Title 25 of the California Code of Regulations for mobile home parks, special occupancy trailer parks and campgrounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps, for events that allow persons attending the event to remain on the premises overnight. Section 9.03.090 Business License Required A business license shall be required for any special event which involves the conduct of business within the City of Beaumont as defined by Chapter 5.02 of this code. Said permit application shall be reviewed and approved by the administrative authority and the business license officer or his or her designee, under the provisions of this code. Any applicant who pays an application fee under this Chapter for a City -sponsored special event shall be exempt from paying a business application fee under Chapter 5.02 of this code. Section 9.03.100 Medical Operations Permit Required A special medical operations permit shall be required for any special event, where, in the opinion of the fire chief, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons participating in the special event or the projected impact to the emergency medical services system within the City. Where required, the 11 owner, agent or licensee shall submit for approval to the fire chief, or his or her designee, a medical operations plan in accordance with the criteria established by the emergency medical service office of the Beaumont fire department. This plan may require the owner, agent or licensee to employ one or more medically qualified persons, including medically trained fire department personnel, as required and approved, to be on duty at such a place. Such individuals shall be subject to the fire chief's orders, or his or her designee's, at all times when so employed and shall be in uniform and remain on duty during times that such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required medical equipment to see that they are in the proper place and in good working order, and shall keep a diligent watch for medical emergencies during the time such place is open to the public or such activity is being conducted. Events that may require a special medical operations permit include, but are not limited to: A. Any event in which specialized emergency medical services are provided above the level of Advanced First Aid, such as Emergency Medical Technician -1, paramedics, nurses, physician assistants and/or physicians; B. Any event, by the rules of the event, which requires the need to have contract emergency ambulance service providers or personnel on site in order to conduct said event, (i.e., boxing matches, BMX bicycle races or similar high-risk injury activities); C. Any event utilizing standby air rescue or air ambulance services. D. Any event the fire chief or his or her designee deems may adversely impact the emergency medical services response capability of the City of Beaumont based upon: 1. The location of the event; 2. Projected event participation; or 3. Any other applicable criteria as established by the fire chief. E. Public safety agencies conducting special events within the City may be exempt from some requirements upon approval of the fire chief or his or her designee. Section 9.03.110 Air -Medical Operations Permit Required A special air -medical operations permit shall be required for all events utilizing standby air rescue or air ambulance services. The fire chief or his or her designee shall direct the landings and takeoffs of all EMS air rescue or air ambulance operations within the City of Beaumont. Standby fire department and/or police department resources may be required during landing or takeoff operations for safety and security reasons. An air -medical operations plan shall be submitted, for the approval of the fire chief or his or her designee, to include the following information: A. Name of the air rescue or air ambulance provider; 12 B. Contact person for air operations; C. Type and size of aircraft; D. Patient transport capability; E. Level of medical staffing; F. Frequency or list of frequencies available for ground -to -air contact; G. Landing zone site and alternate landing zone site; H. Security for landing zone site. Section 9.03.120 Park Events --Additional Requirements In addition to any and all regulations or conditions that may be imposed pursuant to this Chapter, applicants must also comply with all regulations affecting the use of City parks as provided in Chapter 12.24 of this code. Section 9.03.130 Parades --Prohibition of Throwing Objects All parade participants are prohibited from throwing any objects from any float, vehicle, horse or movable object during the parade procession. This prohibition does not preclude parade participants from handing out any objects, such as candy, pamphlets or any written materials along the side of the parade route. Those handing out such materials must not impede the flow of traffic in the parade or cause unnecessary or disruptive delays of the parade. Section 9.03.140 Hours of Operation All events which are subject to this Chapter shall close and cease operation continuously between the hours of two a.m. and six a.m. of each and every day, unless otherwise provided in a permit issued pursuant to this Chapter. Section 9.03.150 Departmental Services Charge A. In addition to the payment of the permit application fee, an applicant shall pay the City for all City departmental service charges incurred in connection with or due to the applicant's activities under the permit. Additionally, if City property is destroyed or damaged by reason of the applicant's use, event or activity, the applicant shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. B. At least three days prior to a parade, event or activity permitted under this Chapter, the applicant shall pay to the City a deposit in an amount sufficient to cover the total 13 estimated City departmental charges which the administrative authority estimates will be incurred in connection with the permit. C. City departments shall submit the final invoices and billings for departmental charges actually incurred to the administrative authority no later than ten working days after the expiration date of the permit. D. If the deposit is less than the final charges pursuant to this section, the applicant shall pay the difference to the City within ten working days of billing. If the deposit is more than such final charges, the City shall refund the difference to the applicant within the twenty working days after the expiration of the permit. Section 9.03.160 Security for Cleanup A. At the time of filing an application for special event the applicant shall submit an agreement on a form provided by the City and signed by the applicant stating that, within twenty four hours after the conclusion of the special event, the applicant will clean and restore or cause to be cleaned or restored to its original condition the property upon which the special event is to occur and remove any notices posted pursuant to Section 9.03.200 of this code. B. To ensure the property is restored to the condition it existed in immediately prior to the effective date of the permit, the administrative authority shall require a cash deposit or other City attorney -approved form of financial arrangement from an applicant as a condition to the issuance of permit. The deposit shall be in the amount established by resolution adopted by the City Council. C. A designated representative of the City shall inspect the property within three days of the expiration date of the permit to determine whether the applicant has complied with this section. D. The security deposit, pursuant to subsection (C) of this section, shall be refundable on compliance with the provisions and requirements of this Chapter, including but not limited to the removal of trash and debris, temporary signs, temporary circulation improvements, temporary fencing and appurtenant accessory facilities and structures and the cleanup of the site. In the event the applicant fails to comply with the terms of this Chapter and remove all temporary facilities and structures or clean the site in a manner satisfactory to the administrative authority, the City may do so cause the same to be done immediately after twenty hours of the conclusion of the event and the actual costs thereof and any storage costs incurred by the City shall be charged against the applicant and its cash deposit or bond or against the liability insurance provider. In the event the City removes or causes to be removed any temporary improvements, notice shall be given to the applicant indicating that the City has removed such temporary facilities or structures and that they will be destroyed and/or will become the property of the City within thirty days of such notice if neither the applicant nor any representative of the same has contacted the City prior to the expiration of the thirty -day period. All notices shall be sent to the applicant's address as provided on the special event permit application unless the applicant supplies the City a substitute address in writing. 14 Section 9.03.170 Liability and Property Damage Insurance A. Concurrent with the issuance of a permit under this Chapter, and as a condition precedent to the effectiveness of the permit, the applicant shall procure and maintain in full force and effect during the term of the permit a policy of insurance from an insurance company with an A.M. Best's insurance rating of A:VIII or better, authorized to do business in the state, and which policy includes the City, its boards, officers, agents and employees as named insureds or additional named insureds. Proof of insurance shall be submitted to the administrative authority not less than fifteen days prior to major special events, not less than ten days prior to minor special events, and not less than two days prior to miscellaneous special events. The minimum limits of liability coverage shall conform to a schedule as adopted by resolution of the City Council. B. If the administrative authority determines that a particular use, event or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the City or its officers, agents and employees, the administrative authority may give a written waiver of the insurance requirements of this section. C. This requirement, as set forth in subsection (A) of this section, however, shall not apply to an event involving an exercise of free speech rights provided that, to the extent possible, such an event is redesigned or rescheduled to respond to specific risks, hazards and dangers to the public health and safety identified by the administrative authority as being reasonably foreseeable consequences of the event. D. A claim for exclusion and alternative treatment under subsection (C) of this section shall be filed with and at the same time as the special event application and an agreement or proof of insurance, as applicable, shall be filed prior to permit issuance. The administrative authority may require such proof and documentation as he or she deems reasonably necessary to verify the constitutionally protected status of the event and the applicability of subsection (C) of this section. Section 9.03.180 Hold -harmless Agreement Prior to the issuance of a special event permit or temporary use permit, the applicant shall provide the City with an executed hold -harmless agreement on a form provided by the administrative authority, which shall substantially state that the applicant agrees to indemnify, hold harmless, defend and reimburse the City, its officers, employees, volunteers and agents from any liability, damage, penalty, expense or loss of any nature, including but not limited to, liability for injury to or death of persons, or damage to property arising out of or in connection with the special event or approximately caused by the negligent or intentional act or omission of the applicant, any officer, employee or agent of the applicant, or any person who is under the applicant's control. In addition, such an agreement shall provide that in the event a claim is made against the City of Beaumont, its officers, employees, volunteers or agents by suit or otherwise, whether the same be groundless or not, arising our of such negligent or intentional act or 15 omission, the applicant shall defend and indemnify the City, its officers, employees, volunteers or agents for any judgment rendered against it or any sums paid out in settlement or otherwise. The City shall choose its legal counsel in defending the City from any and all liability, damage, penalty, expense or loss of any nature arising out of or in connection with the special event or approximately caused by the negligent or intentional act or omission of the applicant, any officer, employee or agent of the applicant, or any person who is under the applicant's control. Such agreement shall be filed with the administrative authority prior to the issuance of the permit. Section 9.03.190 Clearances and Inspections --Posting Permit No special event permit shall be issued until clearance and inspections from the appropriate agencies and departments have been completed. The special event permit and all business permits relating to the event must be posted on the premises in a conspicuous place, and a copy thereof must be in the possession of the individual responsible for the supervision of the event. Section 9.03.200 Notice of Street Closures If a special event requires the closure of a street or streets, the applicant of the special event may be required to provide proof to the administrative authority of one of the following: A. Notice via United States Mail to property owners and occupants whose property is located on the closed streets that a street closure will occur on a date or dates certain due to a special event; B. Notice via publication in a newspaper of general circulation that a street closure will occur on a date or dates certain due to a special event; C. Notice via posting at properties located on the closed streets that a Street closure will occur on a date or dates certain due to a special event. Such notice shall be posted according to specifications as provided by the administrative authority, including, but not limited to, the distance required between notices, quantity of notices, and the size of such notices. Pursuant to Section 9.03.160 of this code, within twenty-four hours of the completion of the event, the applicant must remove all such notices posted. D. Such notices shall be mailed, published or posted not less than twenty days prior to major special events and not less than ten days prior to minor special events. Notices for miscellaneous special events shall be mailed, published or posted as provided by the administrative authority. Section 9.03.210 Inspections The chief of police, fire chief, community development director or their designees may conduct, at any time, on-site inspections of special events permitted pursuant to this Chapter for compliance with the imposed requirements and the medical operations plan or air -medical operations plan. In addition to any and all regulations or conditions that may be imposed 16 pursuant to this Chapter, applicants must also comply with all fire code regulations and requirements as set forth in this code, including payment for inspection costs by the fire chief or designee. The chief of police or the fire chief, or his or her designee, reserve the right to: A. Require immediate correction of hazards, dangerous conditions or deficiencies that have been deemed to place the public health or safety at risk for harm or injury; and, B. Revoke the special event permit immediately if substantial violation or noncompliance with the previously submitted plans is deemed to place the public health or safety at risk for harm or injury. Section 9.03.220 Appeals A. Any applicant may appeal the final decision of the administrative authority or the revocation of a permit granted pursuant to this Chapter to the City Council within two days thereafter. Appeals shall be filed with the City clerk, either by personal service, fax or first class mail (postage prepaid). Any such appeal shall set forth the reasons for the appeal and shall be accompanied by an appeal filing fee. The appeal filing fee shall be established by the City Council by resolution. Failure of any person to receive written notice shall not invalidate same. The City Council shall act upon the appeal at the next regularly scheduled council meeting held more than five working days and less than ten working days after the filing of the appeal. If no such meeting is scheduled, or if a regularly scheduled meeting is not held within such times, the mayor may call a special City Council meeting to consider and act upon such appeal within ten working days after the filing of such appeal. The decision of the City Council regarding such an appeal shall be final. B. If there is insufficient time for a timely appeal to be heard by the City Council prior to the date on which the proposed use event or activity is scheduled, the applicant may, at his or her option, request an appeal before the City Manager or a neutral hearing officer. Any such appeal shall set forth the reasons for the appeal and shall be accompanied by an appeal filing fee. The appeal filing fee shall be established by the City Council by resolution. Upon request for an appeal, the City Manager or neutral hearing officer, shall hold a hearing no later than two working days after the filing of the appeal but in any case before the date of the proposed special event, and will render his or her decision no later than one working day after hearing the appeal but in any case before the date of the proposed special event. Upon such appeal, the City Manager or neutral hearing officer may reverse, affirm or modify in any regard the determination of the administrative authority or impose any conditions upon approval that the administrative authority could have imposed. The decision of the City Manager or neutral hearing officer regarding such an appeal shall be final. Section 9.03.230 Right to Judicial Appeal Any person who has been denied issuance of a permit under this Chapter for an activity involving free speech rights shall have the right to judicial review pursuant to the terms and procedures of Section 1094.8 of the California Code of Civil Procedure. 17 Section 9.03.240 Revocation of Permit A. A special event permit may be revoked if the administrative authority or community development director finds that one or more of the following conditions exists: 1. The special event permit was obtained in a fraudulent manner. 2. The applicant fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the permit. 3. The applicant violates or attempts to violate any law of the state, or the provisions of this Chapter, or any other law, Chapter or policy of the City. 4. Failure to comply with notice to correct hazards, dangerous conditions or other deficiencies that are deemed to place the public health or safety at risk for harm or injury. A revocation under this subsection shall become effective immediately upon order by the chief of police services or fire chief. B. All revocations shall be in writing and shall set forth the basis for the revocation. The permit shall be reinstated as soon as the conditions constituting the revocation have abated. C. When any permit is revoked pursuant to this section, the permit shall be reinstated as soon as the conditions constituting the revocation have abated. Section 9.03.250 Violations Any person who willfully fails to comply with the requirements of this Chapter, or of any conditions attached hereunder, or who falsifies any information on any application hereunder is guilty of a misdemeanor punishable as set forth by state law and is subject to administrative penalties and fines as set forth in Chapter 8 of this code. Any special event otherwise in accordance with this Chapter shall be a public nuisance which may be enjoined or abated as allowed by law. The City retains any and all civic remedies, including the right of civil injunction for the prevention of the violations and for the recovery of money damages therefor. 18 THE PRESS -.ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 937 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 07-18-08 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Jul. 18, 2008 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9362529 PO #: Agency #: — Ad Copy: NOTICES LEGAL REBY GIVEN, that the Beaumont City on Tuesday,a June 3, 2008 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street Beaumont, Califor- nia commeenfss to receive inter- ested persons regarding the adoption of the following matter(s): Ordinance No. 937 An Ordinance City the City Beau- mont, California of the Adding Chap- ter 9.03 to the Beaumont Mu- nicipal Code Entitled Regula E nes Special ofnts ltthish Ordinancand intent Chapter 9.03 to the Beaumont Municipal Code. adoptedpat its see econd3r7eading on June 3, 2008 by the follow- ing vote: AYES: Mayor DeForge Coun- cil Members Killough, Berg, and Dressel. NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: July 16, 2008 Shelby Hanvey Deputy City Cierk 7/18 ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 9.02.030 OF THE BEAUMONT MUNICIPAL CODE RE: "PROHIBITED NOISE IN RESIDENTIAL ZONES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 9.02.030 of Chapter 9.02 of the Beaumont Municipal Code, entitled "Prohibited Noise in Residential Zones" is hereby amended in its entirety to read as follows: "Section 9.02.030 Prohibited Noise in Residential Zones Notwithstanding any other provision of this Code, and in addition thereto, it shall be unlawful, and it is hereby declared a public nuisance, for any person to make, suffer, permit, continue, or cause to be made or continued, any loud noise, commotion, gathering or event, which disturbs the peace or quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity. Further, it shall be unlawful for any person to make, or permit the making of, noise related to landscape maintenance or construction, including the erection, excavation, demolition, alteration or repair of any structure or improvement, which disturbs the peace or quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity, between the hours of 8:00 p.m. and 6:00 a.m. year round. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of July, 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor DeForge, Council Members Killough, Fox, and Dressel. Council Member Berg None None 1 MOVED, PASSED AND ADOPTED this 5th day of August, 2008, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Killough, Council Members Fox, Dressel, and Berg. NOES: None ABSTAIN: None ABSENT: Mayor DeForge Deputy City Cler CITY OF BEAUMONT By Brian DeForge, or CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 938 duly introduced at a regular meeting of the City Council of the City of Beaumont held on July 1, 2008, and was duly adopted upon a second reading on August 5, 2008, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 ORDINANCE NO. 939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 10.50 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "GOLF CART TRANSPORTATION PLAN" WHEREAS, State of California Streets and Highways Chapter 6 provides the authority for a City to develop a Golf Cart Transportation Plan to allow golf carts on certain streets designated in the Plan; and WHEREAS, the Golf Cart Transportation Plan is consistent with the General Plan Circulation Goal 5, to promote the enhancement of public transportation and alternative modes of transportation to meet existing and future demands; and WHEREAS, the Golf Cart Transportation Plan will authorize the use of golf carts to provide connections from residential areas, golf courses, recreation centers, and commercial centers in the Plan area; and WHEREAS, the Golf Cart Transportation Plan is designed to reduce fuel demand and emissions by promoting alternate modes of transportation; and WHEREAS, the Ordinance includes a permit process, including minimum golf cart equipment criteria, as well as operator safety requirements, and enforcement policies; and WHEREAS, on September 16, 2008, the City Council of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. Section 2. The provisions of this Ordinance have been reviewed and considered by the City Council in accordance with the California Environmental Quality Act, as amended, and the Guidelines promulgated there under and found it to be exempt pursuant to the provisions of Section 15301(c). Section 3. The Golf Cart Transportation Plan is hereby approved. Section 4 A new Chapter 10.50 is hereby added to the Title 10 of the Beaumont Municipal Code to read as more specifically set forth on Exhibit A, which Exhibit is attached hereto and made a part hereof. Section 5. Effective Date. This ordinance shall take effect on the 31St day following its adoption. MOVED, PASSED AND APPROVED this 7th day of October, 2008, upon the following vote: AYES: Mayor DeForge, Council Members Dressel, Berg, Killough, and Fox NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 4th day of November, 2008, upon the following vote: AYES: Mayor DeForge, Council Member Dressel, Berg, and Killough. NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: DEPUTY CI MAYOR OF TH ' ' ITY OF BEAUMONT EXHIBIT A Chanter 10.50 Golf Cart Transportation Plan Sections: Section 10.50.010 Purpose and Intent Section 10.50.020 Definitions Section 10.50.030 Daytime Use Only Section 10.50.040 Golf Cart Minimum Design Criteria Section 10.50.050 Golf Cart Minimum Safety Equipment Requirements Section 10.50.060 Golf Cart Operator Safety Criteria Section 10.50.070 Golf Cart Permit Section 10.50.080 Violation 10.50.010 Purpose and Intent This Golf Cart Transportation Plan has been prepared to meet requirements of the State of California Streets and Highways Code, Chapter 6.0. It is the intent of the City of Beaumont to establish a golf cart transportation plan, in conformance with this legislation, that will be designed and developed to best serve the functional travel needs in key areas of the City on designated streets as shown on Figure 1, to have the physical safety of the golf cart driver's person and property as a major planning component, and to have the capacity to accommodate golf cart driver's of every legal age and range of skills. It is the further intent to authorize the City to carry out a golf cart transportation plan that extends the use of the golf cart beyond the existing law; provided that the City establish golf cart lanes, minimum golf cart standards, operation requirements, permit procedures and reporting practices as provided therein. 10.50.020 Definitions The following words and phrases when used in this Chapter shall have the definitions respectfully ascribed to them in this section. Whenever any words or phrases used in this Chapter are not defined but are defined in the California Vehicle Code and amendments thereto, such definitions shall apply. A. "City" means the City of Beaumont. B. "Golf Cart" means an electric powered motor vehicle having not less than three wheels in contact with the ground and an unladen weight of 1,300 pounds or less which is designed to be and is operated at not more than twenty-five miles per hour and is designed to carry golf equipment and not more than two persons, including the driver. (CVC Sec 345) C. "Golf Cart Facilities" means all publicly owned facilities that provide for golf cart travel including golf cart lanes, golf cart routes, and golf cart crossings designated by signs or permanent markings which are shared with pedestrians, bicyclists, and other motorists in the plan area. There shall be three categories of golf cart facilities: 1. "Golf Cart Lane" means a portion of the public roadway that is designated by signs and pavement markings for golf cart travel. Golf cart lanes shall be six (6) feet wide and allow golf carts to travel adjacent to automobile traffic but within a separated striped space. Bicyclists may share golf cart lanes if there is not a separate bicycle lane on the roadway. Golf Cart Lanes are depicted in Figure 1, by the Dark Black Bold Streets. 2. "Golf Cart Route Area" means travel lanes on residential streets with speed limits of twenty-five miles per hour or less and are shared with pedestrians, bicyclists and other motorists. Golf Cart Route Areas are shown on Figure 1 in the striped marked areas. 3. "Golf Course Cart Crossing Zones" means locations on public streets for use by golf carts to cross, at any time other than during darkness, on any street, other than a state highway, which has a posted speed limit of 45 miles per hour or less and which is immediately adjacent to a golf course. There are nine (9) authorized crossing zones depicted in Figure 1. 10.50.030 Daytime Use Only Golf Cart Facilities shall only be used by permitted golf cart operators between thirty minutes prior to sunrise and thirty minutes after sunset. Operation of golf carts during hours of darkness is strictly prohibited. 10.50.040 Golf Cart Minimum Design Criteria The following minimum equipment shall be required for operation of golf carts on public streets within the Golf Cart Lanes, Route Areas, and Crossings in the City as shown on the Golf Cart Transportation Plan. A. The golf cart shall be electrically powered. B. The golf cart shall be the shape and size that conforms to the industry standards of manufactured golf carts. C. The golf cart shall present an unobstructed view to the rear from the driver's seat. D. The golf cart shall have a covered passenger compartment 10.50.050 Golf Cart Minimum Safety Equipment Requirements The golf cart shall be equipped and safely operated with: A. Brake lights, conforming to CVC 24603; B. Front and rear turn signal indicator lights, conforming to CVC 24952 and 24953; C. Either left side and right side mirrors, left side and rear view mirrors, or a multidirectional cross bar rear mirror; CVC 26709 D. Head lamps, conforming to CVC 24400 and 24410, except the minimum mounting height shall be 16 inches; E. Tail lights, conforming to CVC 24600 F. Reflectors, conforming to CVC Section 24607; G. Parking brake; CVC 26450 H. Horn; CVC 27000 I. Windshield, conforming to CVC 26700; J. Seat belts, for both Driver and each Passenger position, in two point (i.e. lap) mounting, conforming to CVC 27315; K. Safely equipped or properly loaded to conform with CVC Section 24002; L. A golf cart locking device; M. A backup buzzer; 10.50.060 Golf Cart Operator Safety Criteria The following safety criteria for operators are the minimum criteria set and adopted by the City Council: A. A golf cart operator shall have a valid driver's license issued by the State of California. B. Golf cart operators shall comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the CVC. C. Golf cart operators shall maintain golf cart in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the cart is in operation on public streets. D. A maximum of two persons may ride in the golf cart and may only ride in the main passenger compartment equipped with safety belts. Both the Driver and passenger shall were a seatbelt at all times of operation. F. Golf Cart operators shall comply with all of the rules of the road that pertain to automobiles, including the prohibition of alcohol. G. Golf cart operators shall have a valid city golf cart permit for operation on public streets. H. Golf cart permits issued by the city are valid within designated Golf Cart Facilities. Possession of a valid city golf cart permit does not authorize travel on or along public streets outside the Facilities geographic boundaries of the city. 10.50.070 Golf Cart Permit No golf cart shall be operated on city streets without bearing a valid Golf Cart Permit. Prior to the issuance of a Golf Cart Permit, the following shall be required: A. An inspection by the City; B. A permit decal showing proof of compliance. The decal shall be visibly posted on the left rear fender of the permitted golf cart; C. A permit fee of $25 dollars for a 24 -month period to allow the City to recover a portion of the cost of inspection, enforcement and Golf Cart Facility maintenance. Permits shall be renewed every two years subject to re -inspection prior to expiration of the permit; D. Attendance at a training presentation describing the requirements of the city Golf Cart Transportation Program. 10.50.080 Violation Any Person operating a golf cart in the GCTP without a valid California Drivers License and/or proof of financial responsibility, or without a valid permit issued hereunder, or without the minimum equipment required hereunder, or in violation of any other provision of Chapter 10 or of any applicable provisions of the California Vehicle Code shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars. City of Beaumont GOLF CART TRANSPORTATION PLAN Prepared for Beaumont City Council Brian DeForge, Mayor WM "Marti" Killough, Mayor Pro -Tem Roger Berg Jeff Fox Larry Dressel Prepared by Community & Economic Development Department GOLF CART TRANSPORTATION PLAN City of Beaumont, California Table of Contents Section 1. Introduction A. Background B. Purpose C. Goals and Objectives D. Study Approach — Contents of GCTP E. Definitions 2. Golf Cart Circulation A. Daytime Use Only B. Functional Classification C. Golf Cart Circulation System D. Transportation Interfacing E. Citizen and Community Involvement F. Flexibility and Coordination with Long -Range Planning G. Provision for Golf Cart Related Facilities H. Minimum Golf Cart Facilities 3. Golf Cart Minimum Design Criteria 4. Golf Cart Minimum Equipment Requirements 5. Golf Cart Operator Safety Criteria 6. Golf Cart Permit Process 7. Golf Cart Parking Facilities 8. Minimum Golf Cart Facility Design Criteria LIST OF FIGURES 1. Proposed City of Beaumont Golf Cart Circulation Plan Map 2. Proposed Standard Cross-section for Golf Cart Lane on street 3. Sample Permit 4. Sample Brochure APPENDICES APPENDIX A- Sign, Marker, and Control Device Figures City of Beaumont Golf Cart Transportation Plan Section 1. Introduction A. Background The City of Beaumont believes that alternate forms of clean, non-polluting transportation such as walking, biking, and electric vehicles are essential to maintain air quality and overall environmental quality of the community. Golf carts have proven to be natural, efficient, alternative vehicles in many adult oriented active communities. B. Purpose This Golf Cart Transportation Plan has been prepared to meet requirements of the State of California Streets and Highways Code, Chapter 6.0. It is the intent of the City of Beaumont to establish a Golf Cart Transportation Program, in conformance with this legislation, that will be designed and developed to best serve the functional travel needs of the plan area, to have the physical safety of the golf cart driver's person and property as a major planning component, and to have the capacity to accommodate golf cart driver's of every legal age and range of skills. C. Goals and Objectives The City of Beaumont General Plan Circulation Goal 5, contains the following goal regarding transportation/circulation: to "promote the enhancement of public transportation and alternative modes of transportation to meet existing and future demands." The City of Beaumont GCTP is consistent with the City of Beaumont General Plan. The overall goal of the GCTP is to establish a golf cart circulation system that will provide safe, convenient, efficient, and environmentally smart modes of transportation for residents using golf carts within the Plan area. In order to develop the plan, Staff was asked to review the City of Beaumont tentative maps and street systems in each area and assess the feasibility of golf cart use. To meet this goal, the GCTP has the following objectives: 1. Use golf cart facilities, to the extent possible, to link neighborhoods with community attractions, including recreation centers and golf courses, as well as with retail/commercial, educational, and medical facilities that are included in the Beaumont GCTP area. 2. Develop designated routes on collector streets with proper signing and striping and on residential streets without signing or striping. 3. Provide for the safe interaction between golf carts and all other transportation modes. 4. Meet statutory provisions which include establishing design criteria for golf cart lanes, establishing uniform specifications and symbols for signage, establishing criteria for golf cart operations, and establishing a permit process for golf carts. 1 D. Study Approach Consistent with Chapter 6.0, Sections 1950 - 1965 of the Streets and Highways Code, the study addresses the following key elements. Route Planning. This section reviews the legal definitions and design considerations for golf cart circulation including whether the streets and other functional classifications of use will accommodate golf carts without an adverse impact on traffic safety. NOTE: There are some designated section's within the plan area that shall require adherence to CVC Section 22358. Minimum General Design Criteria for Golf Cart Operations. This section discusses relevant design considerations and requirements for golf cart lanes, routes, signs, crossings, markers, and perking. It also addresses pedestrian and bicycle safety issues. Minimum Design and Safety Criteria for Golf Carts. This section reviews safety, permitting and equipment requirements applicable to golf carts on public streets. Modal Integration. This section assesses the opportunities for coordination with other modes of transportation so that a golf cart driver may employ multiple modes of transportation in reaching a destination in the plan area. This section also considers integration with the existing alternate modes of transportation facilities at the City of Beaumont. Golf Cart Parking Facilities. This section looks at parking requirements and design considerations at commercial centers, public areas, educational facilities, medical facilities, parks, and other destination locations. The following tasks were completed: Task 1 — Determine what types of alternate transportation would be feasible within the City of Beaumont. Task 2 -- An assessment of golf cart circulation requirements including the appropriate routes and parking facilities; the legal and statutory requirements for registration, licensing and equipment; and the safe integration of golf carts with autos, bicycles and pedestrians. Task 3 — An evaluation of potential golf cart crossing locations within the plan area. Task 4 — The development of a golf cart circulation plan map showing suggested golf cart paths, lanes, routes and crossings. The information from these tasks is presented in the remainder of this report. E. Definitions The following words and phrases are used in this study: "City" means the City of Beaumont. "Golf Cart" means an electric powered motor vehicle having not less than three wheels in contact with the ground and an unladen weight of 1,300 pounds or less which is designed to be and is operated at not more than twenty-five miles per hour and is designed to carry golf equipment and not more than two persons, including the driver. (CVC Sec 345) 2 "Golf Cart Facilities" means all publicly owned facilities that provide for golf cart travel including golf cart lanes, golf cart routes, and golf cart crossings designated by signs or permanent markings which are shared with pedestrians, bicyclists, and other motorists in the plan area. There shall be three categories of golf cart facilities: 1. "Golf Cart Lane" means a portion of the public roadway that is designated by signs and pavement markings for golf cart travel. Golf cart lanes shall be six (6) feet wide and allow golf carts to travel adjacent to automobile traffic but within a separated striped space. Bicyclists may share golf cart lanes if there is not a separate bicycle lane on the roadway. Golf Cart Lanes are depicted in Figure 1, by the Dark Black Bold Streets. 2. "Golf Cart Route Area" means travel lane on residential streets with speed limits of twenty-five miles per hour or less and are shared with pedestrians, bicyclists and other motorists. Golf Cart Route Areas are shown on Figure 1 in the checkered -marked areas. 3. "Golf Course Cart Crossing Zones" means locations on public streets for use by golf carts to cross, at any time other than during darkness, on any street, other than a state highway, which has a posted speed limit of 45 miles per hour or less and which is immediately adjacent to a golf course. There are nine (9) authorized crossing zones depicted in Figure 1. 3 Section 2 Golf Cart Circulation By adoption of this plan, the City of Beaumont has found and determined that the routes within this plan area will accommodate the interval travel needs of Beaumont residents without an adverse impact on traffic safety. Golf Carts will be permitted to operate on public streets and on designated paths within the Pulte Homes Solera plan area, as well as the Pardee Homes Tournament Hills plan area, as indicated in Figure 1. As shown, three categories of golf cart facilities are utilized within the plan area. NOTE: Some sections within the Plan will require Adherence to CVC Sec 22366. A. Daytime Use Only Golf Cart Facilities shall only be used by permitted golf cart operators between thirty minutes prior to sunrise and thirty minutes after sunset. Operation of golf carts during hours of darkness is strictly prohibited. B. Functional Classification 1. Golf Cart Lanes: Golf cart lanes are portions of public roadways that are designated by signs and pavement markings for golf cart travel. Golf cart lanes are 6 feet wide and allow golf carts to travel adjacent to automobile traffic but within a separated striped space. Bicyclists may share golf cart lanes if there is not a separate bicycle lane on the roadway. Golf cart lanes are appropriate on designated streets that meet the following design criteria: a. Road Design Speed — Between 25-35 miles per hour b. Automobile Traffic Volume — Streets should be capable of providing a high level of service to insure that adequate capacity exists for automobiles, bicyclists, and golf carts. The City of Beaumont Circulation Element of the General Plan requires streets and intersections to operate at no worse than LOS "C". 2. Golf Cart Crossing Zones: as defined in Section 21115.1 of the CVC, are locations on public streets for use by golf carts to cross, at any time other than during darkness, on any street, other than a state highway, which has a posted speed limit of 45 miles per hour or less and which is immediately adjacent to a golf course. There are nine (9) authorized crossing zones depicted in Figure 1. C. Golf Cart Circulation System The proposed Golf Cart Circulation System is illustrated in Figure 1. Due to safety concerns and potential conflicts with auto traffic, Golf Cart lanes are prohibited on Highland Springs Avenue and Oak Valley Parkway. 1. Golf Cart Lanes: Golf Cart lanes are hereby designated along the following streets: • First Street — Existing Bike lanes will be adjusted, if needed, to be six feet (6') wide and be re- defined as Golf Cart Lanes. 4 • Second Street — Existing Bike lanes will be adjusted, if needed, to be six feet (6') wide and be re- defined as Golf Cart Lanes. • Commerce Way - Connecting First Street and Second Street with six feet (6') wide Golf Cart Lanes. • Golf Club Drive -- Existing Bike lanes will be adjusted, if needed, to be six (6) feet wide and be re -defined as Golf Cart Lanes only within the designated area between Oak Valley Parkway and Oak Valley Village. • Cherry Valley Blvd - the entire length of the street • Desert Lawn Drive — northbound and southbound sides of Desert Lawn Drive beginning at Oak Valley Parkway extending to Champions Drive. • Champions Drive — the entire length of the street from Desert Lawn Dr. to Cherry Valley Blvd. • Palmer Avenue - the entire length of the street If the affected street's right-of-way permits, a separated four -foot bike lane is recommended adjacent to the golf cart lane on each side. Otherwise, bicyclists will share the golf cart lane. Golf Carts are allowed to cross these streets from residential streets at designated locations. As a safety measure, golf carts are not allowed beyond the designated points on each of the collectors listed above. For a sample Street Cross Section for a Street with Golf Cart Lanes See Figure 2. 2. Golf Cart Routes Areas: Golf Cart Route Areas may be designated within specific communities as long as the streets therein have a maximum posted speed limit of 25 miles per hour, as shown on the map. (Figure 1) 3. Golf Cart Crossings: Several at -grade crossings of public streets are proposed within the golf cart transportation plan. These crossings will exist at either signal or stop controlled intersections. Specific crossing design recommendations for the following crossing locations are described below: • Highland Springs Avenue (one location) • First Street (two locations) • Second Street (two locations) • Golf Club Drive (one location) • Desert Lawn Drive (two locations) • Champions Drive (one location) • Cherry Valley Blvd. (one location) • Oak View Drive (one location) Highland Springs Avenue Highland Springs Avenue is currently a north/south four — six lane Arterial Highway extending south from the City of Beaumont border at Brookside Ave. to Sixth Street. From this intersection extending south to First Street, Highland Springs Ave. is defined as an Urban Arterial Highway. One at -grade golf cart crossing is proposed on Highland Springs Avenue at the intersection of Highland Springs Avenue and First Street. The crossing design for Highland Springs Avenue and First Street shall provide for through travel within the existing travel lane and adjacent to the striped crosswalk. Golf carts should drive as close as practical to the right side of the lane while crossing the intersection. After crossing the intersection, golf carts would continue on First Street in the designated Golf Cart lanes to access the various commercial centers adjacent to it. 5 First Street First Street is currently an east/west Major Highway extending from Highland Springs Avenue to Seneca Springs Parkway. Two at -grade golf cart crossings are proposed on First Street at the intersections of: 1) First Street / Highland Springs Ave; 2) First Street / Commerce Way. 1) The crossing design for First Street / Highland Springs Ave shall provide for four-way through travel for Golf carts to cross at the signal controlled intersection within the existing travel lanes adjacent to the marked crosswalk and then proceed along First Street in a westerly direction, easterly into the Sun Lakes Private Residential Development. Golf Carts should drive as close as practical to the right side of the lane while crossing the intersection. 2) The crossing design for First Street / Commerce Way shall provide for three-way through travel for Golf carts to cross at the signal controlled intersection within the existing travel lanes adjacent to the marked crosswalk. After crossing the intersection, golf carts will then be able to travel east/west along First Street to the next crossing zone location, or will be able to travel north along Commerce Way to connect with Second Street. Second Street Second Street is currently an east/west Major Highway extending from Highland Springs Avenue to Commerce Way. Two at -grade golf cart crossings are proposed on Second Street at the intersections of: 1) Second Street / Commerce Way; 2) Second Street / Paseo Beaumont 1) The crossing design shall provide for four-way through travel for Golf carts to cross at the signal controlled intersection within the existing travel lanes adjacent to the marked crosswalk and then proceed along Second Street in an easterly direction, or south/north along Commerce Way. Golf Carts should drive as close as practical to the right side of the lane while crossing the intersection. 2) The crossing design shall provide for three-way through travel for Golf carts to cross at the signal controlled intersection within the existing travel lanes adjacent to the marked crosswalk and then proceed along Second Street in an east/west direction, or north along Paseo Beaumont into the Second Street Marketplace commercial center. Golf Club Drive Golf Club Drive is currently a north/south Major Highway extending from Oak Valley Parkway to the Oak Valley Greens Specific Plan. One at -grade golf cart crossing is proposed on Golf Club Drive at the intersection of Golf Club Drive / Oak Valley Parkway. 1) The crossing design shall provide for three-way through travel for Golf carts to cross at the signal controlled intersection within the existing travel lanes adjacent to the marked crosswalk and then proceed along Golf Club Drive in an north/south direction, or access the Oak Valley Village commercial center. Desert Lawn Drive Desert Lawn Drive is currently a north/south Major Highway extending from Oak Valley Parkway to the City's border at Champions Drive. Two at -grade golf cart crossings are proposed on Desert Lawn Drive at the intersections of Desert Lawn Drive / Oak Valley Parkway, and Desert Lawn / Champions Drive. 1) The crossing design shall provide for three-way through travel for Golf carts to cross at the signal controlled intersection within the existing travel lanes adjacent to the marked crosswalk and then proceed along Desert Lawn Drive in an north/south direction, or access the future Tournament Hills commercial center. 6 2) Desert Lawn and Champions Drive shall provide for three-way through travel for Golf carts to cross at the future intersection upon development and then proceed along Desert Lawn Drive in an north/south direction, or westerly along Champions Drive. Champions Drive Champions Drive is currently a east/west collector extending from Oak Valley Parkway to the City's border at Champions Drive. One at -grade golf cart crossing is proposed on Champions Drive at the location of the Tournament Hills Clubhouse. 1) This crossing shall provide for three-way through travel for Golf carts to cross at the future intersection upon development and then proceed along Champions Drive in an east/west direction, or south into the Tournament Hills Clubhouse center. Cherry Valley Blvd. Champions Drive is currently a north/south collector extending from Oak Valley Parkway to the City's northern border near Desert Lawn Drive. One at -grade golf cart crossing is proposed on Cherry Valley Blvd. at the intersection of Cherry Valley Blvd. and Champions Drive. 1) Cherry Valley Blvd. and Champions Drive shall provide for three-way through travel for Golf carts to cross at the future intersection upon development and then proceed along Cherry Valley Blvd. in an north/south direction, or easterly along Champions Drive. D. Transportation Interfacing The City of Beaumont Golf Cart Transportation Plan will be part of an intergraded transportation system serving the plan area. In addition to the streets and highways, the plan area will ultimately be served by a system of trails, walkways and paths serving pedestrians and bicyclists, as well as the local and intracity bus service. It shall be the goal of the City to designate golf cart facilities that will safely interface with all other modes of transportation. Separate travel lanes with appropriate signing and striping will be proposed for golf carts on designated streets within the plan area. Bicyclists may share golf cart lanes if there is not a separate bicycle lane on the roadway. Due to low traffic volumes, all public residential streets within the plan area can accommodate bicycles and golf carts on the roadways with appropriate signage. These local streets will also include a four -foot (4') wide sidewalk adjacent to the back of curb. Public transit stops are existing on Second Street Marketplace near Highland Springs Avenue, Oak Valley Towncenter on Beaumont Avenue and Oak Valley Parkway, and other locations ( yet to be determined) along the major roadways within the plan areas. However, no direct interfacing between the transit facilities and golf carts will be provided. The following are the details for the two residential use plan areas: 1. Oak Valley SCPGA -- Tournament Hills / Fairway Canyon Area Is a master planned community Specific Plan with non -age restricted conventional residential community in the northwestern portion of Beaumont, California. The area is home to the SCPGA Golf Course named East Valley Golf Club. The course boasts two different 18 -hole Championship Courses spread throughout the development. The circulation plan allows golf carts to share the travel lanes with vehicles, pedestrians, and bicycles on all residential streets within the community. 2. Solera and Oak Valley Greens Area This master planned community was developed as two separate areas. The original plan area remains as approved in the SP. The section titled "Solera" is a private community with privately owned 7 streets. The City of Beaumont will work together with the governing body of the private community to insure connectivity throughout this area. The circulation plan allows golf carts to share the travel lanes with vehicles, pedestrians, and bicycles on all residential streets within the community. E. Citizen and Community Involvement The City of Beaumont looks forward to hearing the public's comments at the next City Council Meeting to get their feedback and input on the Plan. The Draft GCTP is made available for publics review and comment, and was discussed by the City of Beaumont Planning Commission and City Council. Suggested changes and enhancements to the GCTP will be considered and incorporated accordingly into the final document. F. Flexibility and Coordination with Long -Range Planning As discussed in Section 1, the City of Beaumont General Plan Circulation Element contains the following goal regarding transportation/circulation: to "promote the enhancement of public transportation and alternative modes of transportation to meet existing and future demands." The City of Beaumont GCTP is consistent with the City of Beaumont General Plan. The overall goal of the GCTP is to establish a golf cart circulation system that will provide for safe, environmentally smart, convenient transportation for residents using golf carts within the Plan area. To meet this goal, the GCTP has the following objectives: a. Use golf cart facilities, to the extent possible, to link neighborhoods with community attractions, including recreation centers and golf courses, as well as with retail/commercial facilities that are included in the Beaumont GCTP area. b. Develop designated routes on public streets with proper signing and striping and on residential streets without and signing or striping. c. Provide for the safe interaction between golf carts and all other transportation modes. d. Meet statutory provisions which include establishing design criteria for golf cart lanes, establishing uniform specifications and symbols for signage, establishing criteria for golf cart operations, and establishing a permit process for golf carts. In addition to being consistent with the Circulation Element of the City of Beaumont General Plan, the GCTP also meets the requirements of Chapter 6.0 of the State of California Streets and Highways Code. Therefore, the GCTP is consistent with the long-range plan of the City of Beaumont. G. Provision for Golf Cart Related Facilities The provision for golf cart related facilities include, but are not limited to, special access points and golf cart crossings. Special access points allow for golf cart connections to potential or planned off-site facilities located adjacent to the Private Residential Plan area of Solera at Oak Valley Greens, and Tournament Hills Specific Plan. Access to these facilities and/or parcels is conceptual in nature due to site development timing and other topographic or safety considerations that cannot be fully evaluated at this time. These facilities include, but are not limited to, the Mountain Bridge Commercial parcel, the 8 Oak Valley Village parcel, and the Desert Lawn Commercial parcel. Special access points will be evaluated by the City of Beaumont on a case by case basis for consistency with this plan. However, for the purposes of this plan, these facilities and/or parcel are included herein by reference. As was discussed in Section 2, the GCTP provides for a system of Golf Cart Lanes and Golf Cart Routes. The GCTP also provides for several at -grade crossings throughout the plan area. As with Special access points, additional crossing locations will be evaluated by the City of Beaumont on a case by case basis for compliance with this plan. The GCTP also discusses interfacing with other transportation modes (see Section 2D) 9 Section 3 Golf Cart Minimum Design Criteria All Golf Carts shall meet the following minimum design requirements: A. Golf Carts shall be electrically powered. B. Golf Carts shall be the shape and size that conforms to the industry standards of manufactured golf carts. C. Golf Carts shall present an unobstructed view to the rear from the driver's seat. D. Golf Carts shall have a covered passenger compartment. 10 Section 4 Golf Cart Minimum Equipment Requirements The golf cart shall be equipped and safely operated with: A. Brake lights, conforming to CVC 24603; B. Front and rear turn signal indicator lights, conforming to CVC 24952 and 24953; C. Either left side and right side mirrors, left side and rear view mirrors, or a multidirectional cross bar rear mirror; CVC 26709 D. Head lamps, conforming to CVC 24400 and 24410, except the minimum mounting height shall be 16 inches; E. Tail lights, conforming to CVC 24600 F. Reflectors, conforming to CVC Section 24607; G. Parking brake; CVC 26450 H. Horn; CVC 27000 I. Windshield, conforming to CVC 26700; J. Seat belts, for both Driver and each Passenger position, in two point (i.e. lap) mounting, conforming to CVC 27315; K. Safely equipped or properly loaded to conform with CVC Section 24002; L. A golf cart locking device; M. A backup buzzer. 11 Section 5 Golf Cart Operator Safety Criteria The following safety criteria for operators are the minimum set and adopted by City Council: A. Golf cart operators shall have a valid driver's license issued by the State of California. B. Golf cart operators shall comply with the fmancial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the CVC. C. Golf cart operators shall maintain the golf cart in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the cart is in operation on public streets. D. A maximum of two persons may ride in the golf cart and may only ride in the main passenger compartment equipped with safety belts. Both the Driver and passenger shall were a seatbelt at all times of operation. F. Golf cart operators shall comply with all of the rules of the road that pertain to automobiles, including the prohibition of alcohol. G. Golf cart operators shall have a valid city golf cart permit for operation on public streets, except those carts devoted exclusively for use on golf course paths which cross public streets and designated crossings. H. Golf cart permits issued by the city are valid within designated Golf Cart Facilities only. Possession of a valid city golf cart permit does not authorize travel on or along public streets outside the Facilities geographic boundaries of the city. 12 Section 6 Golf Cart Permit Process The permit process for Golf Carts shall consist of the following: A. Each golf cart for which a permit is issued shall be inspected by the City, or its authorized agent. Said inspection shall determine that the golf cart and operator meet the requirement contained herein. Golf cart applications are obtained from the City of Beaumont Code Enforcement Department. The application shall include, but is not limited to, resident information, a checklist of operator/safety requirements, proof of insurance or financial responsibility (section 5B), and payment of a registration fee to be determined by City Council. B. Golf Cart Permits and inspection certificates are valid for 24 -month period, and must be renewed every two years prior to expiration. The permitting process shall be overseen by the City of Beaumont Code Enforcement Department to ensure that all golf cart safety requirements are met. It shall be the responsibility of the operator and/or owner to renew the Golf Cart Permit prior to expiration. C. A permit decal issued by the City of Beaumont showing proof of compliance. The decal shall be visibly posted on the left rear fender of the permitted cart. A sample permit is included in Figure 3. D. An initial and renewal permit fee shall be established to allow the City to recover all or a portion of cost inspection, enforcement and golf cart lane maintenance. The permit fees shall be established by ordinance/resolution by the City Council. E. An education and information brochure describing the requirement of the City Golf Cart Transportation Plan shall be developed, reproduced and distributed by the Private Specific Plan Area Homeowners Association's with approval by the City of Beaumont, as well as by the City of Beaumont online and at City Hall. A sample brochure is shown in Figure 4. All golf carts operated on Golf Cart Facilities, except those restricted to operation within a designated crossing between golf holes, are subject to a permit and inspection process by the City of Beaumont. The size of the permit will be roughly 3"x 5" and the color of the permit will be designed to the best of the City's ability to match the DMV registration sticker color. No Golf Carts shall be operated on Golf Cart Facilities without bearing a valid Golf Cart Permit. 13 Section 7 Golf Cart Parking Facilities Efficient use of golf cart transportation is dependent on convenient access to the golf cart circulation system at both ends of local trips. This access is provided via the golf cart parking facilities which will be made available for golf carts within residences and at local destinations, such as recreation or public centers, the three golf courses, and commercial establishments in the plan area. Recognizing the potential for extensive golf cart use, floor plans for many residences in the plan area will feature options for dedicated golf cart parking facilities. These plans will be provided the option of a dedicated electrical outlet located in the garage for recharging electric golf carts. Many homes are designed with an optional separate garage bay sized specifically for golf carts adjacent to the dedicated electrical outlet. In order to promote golf cart travel, golf carts should be given preferential parking at all common facilities, including retail centers, commercial centers, parks and other recreational centers, medical facilities, and educational facilities. Staff has determined that the Off -Street Parking and Loading Standards, Chapter 17.06 in the City of Beaumont Municipal Code, shall provide sufficient parking for all types of automobiles and alternate forms of transportation. Staff feels parking of a Golf Cart should be acceptable in any standard/compact vehicle parking space. 14 Section 8 Minimum Golf Cart Facility Design Criteria (Signs, Markers and Traffic Control Devices) A. Authority to Implement Design Criteria The City of Beaumont Public Works Director is authorized to implement, place, and maintain such signs markers, and traffic control devices as needed to ensure safe Golf Cart Facilities. B. Golf Cart Facility Design Standards 1. Design Standards for Golf Cart Lanes: Golf Cart Lanes shall be no more than six feet (6') wide measured from the adjacent lip of gutter to the inside of the painted line, have a minimum vertical clearance of seven feet (7') from obstructions, have a smooth paved or concrete surface, and be separated from vehicle travel lanes by two solid four inch (4") wide white lines. On approaches to intersections, golf cart lanes should end, with "dashed" cart lane lines beginning 200 feet from the intersection. Golf Cart Lanes shall be designated by appropriate pavement legends and signs posted along the route in conformance with Section 8C. 2. Design Standards for Golf Cart Route Areas: Golf Cart Route Areas may be designated within specific communities as long as the streets therein have a maximum posted speed limit of 25 miles per hour. It is the intent of Golf Cart Route Areas to be facilities shared with bicycles and motorists. Golf Cart Route Areas shall be designated by appropriate signs at all entrances to the designated community in conformance with Section 8C. 3. Design Standards for Golf Cart Crossings: For the purpose of this plan, cart crossings outside of Solera (Pulte Homes), Tournament Hills Specific Plan, and other residential private use plan areas will occur at signal or stop controlled intersections. Golf carts will cross the intersection within the right-hand travel lane adjacent to any marked cross walk. No marked crosswalks, other than those for bicyclists and pedestrians will be provided. Crossings shall be designated by appropriate signs in conformance with Section 8C. This includes warning sign 200 feet in advance of the crossing, as well as signs at the crossing. Crossings have to meet minimum Caltrans sight distance requirements (Highway Design Manual). C. Specifications for Signs and Pavement Markings The following standards and policies golf cart signing and pavement markings shall apply to all roadways within the GCTP area, outside of Private Specific Plan areas. Sign designations are subject to change when adopted by Caltrans. 1. Golf Cart Lane. The GOLF CART LANE symbol sign should be placed at the beginning of each designated Golf Cart Lane, at all major changes in direction, at the far side of collector/arterial street intersections and at maximum of one-half mile intervals (see Appendix A, Figure 1). 2. Combination Golf Cart Lane / Bicycle Lane. The COMBINATION GOLF CART LANE / BICYCLE LANE sign should be placed at the beginning of each designated Class II Golf Cart lane, at all major changes in direction, at the far side of collector street intersections and at maximum of one-half mile intervals (see Appendix A, Figure 2) 3. No Golf Carts. The NO GOLF CARTS symbol sign should be placed at all entrances in the restricted roadway. The NO GOLF CARTS symbol sign should be placed on the right-hand side of the roadway approximately 25 feet past the intersection. (see Appendix A, Figure 3) 15 4. Golf Carts Prohibited Beyond This Point. The GOLF CARTS PROHIBITED BEYOND THIS POINT educational plate (see Appendix A, Figure 4) may be placed below the NO GOLF CARTS symbol sign. 5. Advance Golf Cart Crossing. The ADVANCE GOLF CART CROSSING symbol sign may be used in advance of a Golf Cart Crossing, and shall be installed approximately two hundred (200) feet in advance of the crossing. (see Appendix A, Figure 5) 6. Golf Cart Crossing symbol. The GOLF CART CROSSING symbol sign may be used at a Golf Cart Crossing, and should be installed at the crossing, but may be posted up to 50 feet in advance of the crossing. (see Appendix A, Figure 6) 7. Golf Cart Crossing. The GOLF CART CROSSING educational plate may be placed below the GOLF CART CROSSING symbol sign or the ADVANCE GOLF CART CROSSING symbol sign. (see Appendix A, Figure 7) 8. Golf Cart Route Area. The GOLF CART ROUTE AREA sign shall be placed along streets entering the designated Golf Cart Route areas. (see Appendix A, Figure 9) 9. Golf Cart Lane Markings. Golf Cart Lanes shall be separated from vehicular traffic by a lane marking consisting of two 4" white stripes with a 3"separation. (Figure 2) 10. Golf Cart Pavement Markings. All Golf Cart Lanes shall be designated with signs and pavement markings. Golf Cart Routes shall only be signed. Pavement Markings shall be the GOLF CART symbol. (Figure 2) 16 Appendix A Sign, Marker, and Control Device Figures "END" SIGN INSTALLATION R26D R81 GOLF CART LANE R81B "MID -BLOCK" SIGN INSTALLATION R26D R81 GOLF CART LANE "BEGIN" SIGN INSTALLATION R26D R81 GOLF CART LANE R81A i rn M J w 1 LANE CART GOLF VARIES PER STATE STD. PLAN A24A PER STATE STD. PLAN A24D PER STATE STD. PLAN A24D GOLF CART SYMBOL Urban logic Consul/anis 1521 435/7 Ridge Park Drive, Suite 200 Temecula, California 92590 Ted: (95/) 676-1911 Fax (95/) 676-2051 BICYCLE / GOLF CART LANE SCALE: NTS FIGURE 2 "END" SIGN INSTALLATION R26D R81 GOLF CART LANE R81 B "MID -BLOCK" SIGN INSTALLATION R26D R81 GOLF CART LANE "BEGIN" SIGN INSTALLATION R26D R81 GOLF CART LANE R81A 8' rn J w 0 1 LANE BIKE VARIES PER STATE STD. PLAN A24A PER STATE STD. PLAN A24D PER STATE STD. PLAN A24C GOLF CART SYMBOL Urban logic Consul/anis 495!7 Ridge Park Drive, Suite 200 Temecula, California 92590 Tel: (95/) 676-/944 Fax /950/ 676-2054 BICYCLE / GOLF CART LANE SCALE: NTS FIGURE 2 Urban Logic Consultants 12g43519 Ridge Park Drive, Suite 200 Temecutq California 92590 AZ: (951) 676-/944 Paz (951) 676--2054 2009 GOLF CART PERMIT SCALE: 1" = 1" Figure 3 Appendix A Sign, Marker, and Control Device Figures 18" / 2" 911 2" 2" )111C814) O GOLF CART LANE 2" y 2" y 21" Urban logic Consulianis 495/7 Ridge Park Drive, Suite 200 Temecula, California 82590 Te,: (95// 676-/944 Far (95/) 676-2054 GOLF CART LANE SCALE: NTS APPENDIX A - Figure 1 / N N CO N V / /.AN N N 7 N COMBINATION GOLF CART LANE / BICYCLE LANE APPENDIX A - Figure 2 z U Urban Logic Consul/anis WI 185/7 Ridge Park Drive, Suite 200 Temecula, California 92590 Id: (95/) 676-/944 Fax (95/) 676-2054 NO GOLF CARTS SYMBOL SIGN SCALE: NTS APPENDIX A - Figure 3 18" / 2" 2" * 2" 2" 2" * GOLF CARTS PROHIBITED BEYOND THIS POINT 2" * 2" 2" * 2" * 18' Urban Logic Consultants RI43519' Ridge Park Drive, Suite 200 Temecula, California 92590 7'et: (951) 678-1944 Far (850 676-2054 GOLF CARTS PROHIBITED BEYOND THIS POIINT SCALE: NTS APPENDIX A - Figure 4 Urban lope Consulianis 43517 Ridge Park Drive, Suite 200 Temecula California 92590 7'el: 0951/ 676-1944 Fax (950 676-2054 ADVANCE GOLF CART CROSSING SCALE: NTS APPENDIX A - Figure 5 4-1/2" Urban Logic Consultants Ea135/7 Ridge Park Drive, Suite 200 Temecula, California 92590 Tel: (95/) 676-!944 Far (95/) 676-2054 GOLF CART CROSSING SCALE: NTS APPENDIX A - Figure 6 2" y 2" 18" GOLF CART CROSSING 2-1/2" 3" 12" Urban Logic Consultants 435/7 Ridge Park Drive, Suite 200 Temecula, California 92590 Tel: 195/) 676-/944 Far (95/) 676-2054 GOLF CART CROSSING SCALE: NTS APPENDIX A - Figure 7 N N N N N N M -71 N GOLF CART ROUTE AREA GOLF CARTS PERMITTED ON ALL STREETS ease Drive Safe a N N N N N7' fN7' ♦/ .. ••••:.• GOLF CART COMMUNITY APPENDIX A - Figure 9 z U ORDINANCE NO. 940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 1.17 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "ADMINISTRATIVE CODE ENFORCEMENT REMEDIES" BE IT ORDAINED BY THE CITY COUNCIL L O FOLLOWS: CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA Section 1: Chapter 1.17, entitled "Administrative Code Enforcement Remedies", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Section 1.16.050 through 1.16.050.6 of the Beaumont Municipal Code is hereby rescinded in its entirety. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this the following roll call vote: AYES: Mayor Pro Tem Killough, Council Members Berg, Dressel, and Fox NOES: None ABSTAIN: None ABSENT: Mayor DeForge MOVED, PASSED AND ADOPTED this 16th day of September , 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Dressel, Killough, Berg, Fox NOES: None ABSTAIN: None ABSENT: None 5th day of August , 2008, by ATTEST: Deputy City Cler CITY OF BEAUMONT By Brian DeForge,or no of provided in this code; and recordation of any owner and el other interested pendencyartof violations of administrative proceeding, to the property any provisions contained in the Beaumont Municipal Code. C. "Administrative Hearing Officer" shall mean any person appointed by the City Manager to preside at administrative hearings. D. "City Manager" means the City Manager of the City of Beaumont and his or her designee. E. "Enforcement Officer" shall mean any City employee or agent of the City with the authority to enforce any provision of this code. F. "Person" shall mean any individual or legal entity, including but not limited to, a corporation, partnership, or trust. G. "Responsible Party" means each person committing the violation or causing a condition on a parcel of real property located within the City of Beaumont to violate the Beaumont Municipal Code; each person who has an ownership interest in that property; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall each be deemed responsible parties. H. "Beaumont Municipal Code and this code" shall mean the Beaumont Municipal Code, including all pertinent provisions of state codes as adopted therein, enacted by the City Council of the City of Beaumont acting pursuant to authority granted under the City Charter or other applicable law. Section 1.17.030 General Enforcement Authority. Notwithstanding any other provision of the Beaumont Municipal Code, an Enforcement Officer shall have the power to use the provisions of this chapter to enforce any and all provisions of this code and to use whatever judicial and administrative remedies are available under this code. Section 1.17.040 Service of Notice. A. Notwithstanding any other provision of this code, any notice required to be given under the Beaumont Municipal' Code may be served by any of the following methods: 1. Personal service; or 2. Proof of mail, and first class mail to each Responsible Party at his or her last known address as it appears on the public records related to title or ownership of the property that is the subject of an administrative enforcement action; or 3 3. As to only those Responsible Parties who reside at or occupy the property that is the subject of an administrative enforcement action, as determined through diligent investigation; by posting the notice conspicuously on or in front of the subject property and mailing a copy of the notice to them by first class mail. B. Service by Proof of Mail or first class mail in the manner described above shall be effective on the date of mailing. C. The failure of any Responsible Party or other person with a legal or equitable interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code. Section 1.17.050 Authority to Inspect. Enforcement Officers are authorized to enter upon any property or premises within the City to ascertain whether the property or premises is in compliance with the Beaumont Municipal Code, and to make any inspection as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples or other physical evidence, and the making of video and/or audio recordings. All such entries and inspections shall be done in a reasonable manner. If an owner, lawful occupant, or the respective agent thereof refuses permission to enter and/or inspect, the Enforcement Officer may seek an administrative inspection warrant pursuant to the procedures provided by Califomia Code of Civil Procedure Section 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto. Section 1.17.060 Notice of Pending Administrative Enforcement Action. For the purposes of this chapter: A. The "Enforcement Officer" may record with the County Recorder's Office a notice against a property that is the subject of an administrative enforcement action pending with the City of Beaumont. B. A "Notice of Pendency" or other notice of pending administrative action shall use a form approved by the City Manager or his/her designee and shall describe the nature of the administrative action and refer to the applicable provisions of the Beaumont Municipal Code goveming the pending administrative action. Section 1.17.070 Administrative Code Enforcement Remedies Not Exclusive. The procedures established in this chapter for the use of administrative citations and the administrative civil penalties process, and the procedures established in other chapters of this code for administrative abatement and summary abatement, as means for addressing violations of this code shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued to address violations of this code and the use of this chapter shall be at the sole discretion of the City. 4 Section 1.17.080 Continuing Violations. Each day a violation of this Code continues to exist shall constitute a new, separate, and distinct violation. Section 1.17.090 Collection of Unpaid Fines, Penalties and Related Costs. A. Unpaid fines or penalties and their related costs, arising from administrative citations, administrative civil penalties actions or other administrative enforcement actions as provided by this code shall be a debtsubject the datentheio der becomefor debt s fCitn'al or on as allowed by law. The City shall be entitled to interest thirty (30) days after the first billing whichever date is later. B. When a violation involves real property and the fines, penalties, and related costs are not paid within the prescribed time, the amount of those fines, penalties, and their related costs may be recorded as a Tien upon and against the real property without further hearing, subject to notice of the lien as required by law. C. The notice of lien shall be in this form: NOTICE OF LIEN Claim of the City of Beaumont, Califomia. Pursuant to the authority ve Secf the tioont nMunicipal Code, the amount of uncollected fnes,penait es, and relateCOs maybe where the violation of law recorded as a lien upon and against the real property occurred and which is the subject of the administrative enforcement action(s) resulting in the award, imposition, or assessment of a fine, penalty and all costs associated therewith. On (date) an Administrative Hearing Officer conducted (as an evidentiary proceeding) an administrative hearing, pursuant to the applicable provisions of the Beaumont Municipal Code. Following the presentation of evidence and the issuance of a ruling in the matter, the Administrative Hearing eonetary l ny in Officer upheld a fine or awarded, imposed, or assessed nd amassed aayministtytine the amount of costs in the amount of as set forth in the (type of administrative hearing order) __ issued on (date)_ Whereby the City of Beaumont does hereby claim a lien for these sums as yet unpaid in the amount of and this sum shall be a lien upon the parcel of real property identified herein until that principal sum, and the sum of any interest upon that principal as may be allowed by law and calculated at the then existing legal rate, has been paid in full and discharged of record. The real property upon which this lien is claimed is that certain parcel of land, the structures thereon and any appurtenances connected thereto and located within the City of Beaumont, County of Riverside, State of Califomia, and particularly described as follows: (Legal Description) 5 (Street address, if any) (Assessor's Parcel Number) Further, the City of Beaumont gives NOTICE that this Notice of Lien shall not be deemed or construed to prohibit the City of Beaumont from making additional claims and giving and recording one or more Notices of Lien thereon as may be required in those cases where the principal sum claimed, as a fine or penalty awarded, imposed, or assessed, is subject to a cumulative accrual at a fixed daily rate until the date the violations are corrected in full to the satisfaction of the City, or the legal maximum limit (cap) of that penalty has been reached, or the total amount of the lien has been paid in full. DATED this day of , (year) City Clerk of the City of Beaumont, Califomia. D. Alternatively, unpaid fines or penalties and their related costs, arising from administrative citations, administrative civil penalties actions or other administrative enforcement actions as provided by this code, involving real property may also constitute assessment liens and be collected as special assessments by the Riverside County Treasurer-Tax Collector. Section 1.17.100 Administrative Enforcement and Appeal Hearings. A. There shall be two general types of administrative hearing: the enforcement hearing and the appeal hearing, in order to effect a proper enforcement of the Beaumont Municipal Code and provide for the procedural and substantive due process rights of all persons subject to enforcement of this code through the application of its administrative code enforcement remedies. B. Where this code requires the City to seek an administrative hearing as the means of enforcing this code through the imposition of an administrative penalty for a responsible party's failure or refusal to comply with the appropriate notice for his violation of the code, the hearing shall be an administrative enforcement hearing. C. Where an aggrieved, responsible party seeks to appeal from an administrative decision, or an administrative enforcement action not requiring an administrative enforcement hearing, the hearing shall be an administrative appeal hearing. Both types of hearing shall provide for judicial review. The procedures set forth at Section 1.17.130 apply to both administrative enforcement and appeal hearings conducted pursuant to this code. Section 1.17.110 Procedures for Notification of Administrative Enforcement Hearing. A. Where the action or proceeding for an administrative code enforcement remedy authorized by this chapter, or elsewhere in this Code, provides for or requires an administrative enforcement hearing; the Enforcement Officer shall schedule the date, time, and place for that hearing before an Administrative Hearing Officer when so required by the particular remedy involved. B. A written notice of the administrative enforcement hearing setting forth the date, time, and place of that hearing shall be served on the Responsible Party at least ten calendar days prior to the date set for that hearing. 6 C. The Notice of Hearing shall be served by any of the methods of services listed in Section 1.17.040 of this chapter. D. The Notice of Hearing shall include amo�nitemiz�t of adm nstemeistratt ofavedmcivil trative penalticx�sts which the City seeks to be assessed in addition theto the City seeks to be assessed by the Administrative Hearing Officer. Section 1.17.120 Procedure for Requesting an Administrative Appeal Hearing. A. Right of Appeal. Every administrative code enforcement action initiated pursuant to this code is subject to appeal according to the procedures governing the particular administrative code enforcement remedy used, as identified below. B. Administrative Citation. The appeal process is set forth at Section 1.17.250 of this chapter. C. Administrative Civil Penalties Enforcement Order. The "appeal" process is a petition for judicial review pursuant to Code of Civil Procedure Section 1094.6 as set forth at Section 1.17.350 of this chapter. D. Notice to Abate. The appeal process for a notice to abate a public nuisance pursuant to Chapter 8.32 is set forth at Section 8.32.345. E. Other Administrative Action. The appeal process for any other notice or notice and order issued for an enforcement action not otherwise listed in sought, s section or o h'er than ch is an d elsewhere in this code in the applicable section providing for the remedy administrative civil penalties notice and order of this de. issued to address any violation of this code, shall be the same as set forth in such other Sect Section 1.17.130 General Procedures for All Administrative Hearings. A. Administrative hearings are intended to be informal in ©t notices, nature. notice sofords, evidence and discovery do not apply. Other than copies of citations, and inspection reports served on the responsible parties as part of the enforcement action giving rise to the hearing, no pre -hearing discovery of the City's evidence shall be permitted. B. The City bears the burden of proof at an administrative hearing to establish the existence of a violation of this Code. C. A preponderance of the evidence shall be the standard of proof used by the Administrative Hearing Officer in deciding the issues at an administrative hearing. D. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case. E. The only evidence that shall be permitted at the hearing and considered by the Administrative Hearing Officer in reaching a decision is that evidence that is relevant to the proof or disproof of: 1. ownership of the subject property, when applicable; 7 2. whether a person noticed by the City as a Responsible Party is, in fact, a Responsible Party; 3. whether a violation of this code occurred and/or continues to occur on the date or dates specified in the citation, notice, or notice and order; 4. whether the Responsible Party has caused, maintained or permitted a violation of this code on the date or dates specified in the citation, notice, or notice and order; and in the event of an administrative enforcement hearing on an Administrative Civil Penalties Notice and Order, whether penalties proposed e ursuant to the procedures and criteria setfortby h in Enforcement Officer to be assessedp this chapter are reasonable. Section 1.17.140 Failure to Attend Administrative Hearing. Any Responsible Party whose property or actions are the subject of an administrative hearing and who fails to appear at the hearing shall be deemed to have waived the right to a hearing; the adjudication of the issues related to the hearing, any and all rights afforded under this code; and shall be deemed to have failed to exhaust their administrative remedies, provided that proper notice of the hearing as required by this or other applicable chapter of this code has been served. Section 1.17.150 Administrative Hearing Order. The written decision of the Administrative Hearing Officer setting forth the findings and ruling in a particular case shall be entitled "Administrative Hearing Order," unless a different title is imposed by this or other applicable chapter of this code, and conform to the requirements set forth therein. Section 1.17.160 Administrative Hearing Officer. A. Qualifications. The arenecessary tocontract with qualified persons capable City he chereof lf l promulgate rules and procedures acting as Administrative Hearing Officers. B. Independent Authority. The employment, performance evaluation, compensation and benefits of the Administrative Hearing Officer shall not be directly or indirectly conditioned upon the amount of the administrative fines or penalties upheld, awarded, imposed, or assessed by the Administrative Hearing Officer. C. Disqualification. Any person designated to serve as an Administrative Hearing Officer is subject to disqualification for bias, prejudice, interest, or for other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of an Administrative Hearing Officer based upon a showing of actual bias, prejudice, interest, or other reason shall be promulgated by the City Manager or the City Manager's designee. D. Powers. The Administrative Hearing Officer shall have the power to: 1. conduct administrative enforcement hearings and administrative appeal hearings as provided under the authority of this code; 8 2. continue a hearing based on good cause shown by one of the parties to the hearing or upon his own independent determination that due process has not been adequately afforded to a Responsible Party; 3. exercise continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an Administrative CMI Enforcement Order, modifying an Administrative Civil Penalties Enforcement Oyder, orwhere extraordinary circumstances exist, granting a new administrative enforcement hearing; 4. require and direct a Responsible Party to post a Performance Bond to ensure compliance with an Administrative Civil Penalties Enforcement Order; 5. rule upon the merits of an administrative appeal hearing or an administrative enforcement hearing upon consideration of the evidence submitted and issue a written decision resolving the case; 6. uphold, award, impose, assess, or deny a fine or penalty authorized under this code; 7. assess administrative costs according to proof; 8. set, increase, or decrease, according to proof, the amount of fine or penalty or the daily rate of such fine or penalty sought by the City to be awarded, imposed, or assessed in those cases where the fine or penalty is not fixed but is subject to a range as otherwise established by this code; 9. in those cases where the fine or penalty is not fixed but is subject to a range as otherwise established by this code, determine the date certain upon which the assessment of civil penalties shall begin; and, where the corrections are subsequently completed to the City's satisfaction, the date certain upon which the assessment of civil penalties shall end. If the violations have not been so corrected, the daily accrual of the penalties assessed shall continue until the violations are corrected or the legal maximum limit is reached; and 10. where appropriate in administrative enforcement actions arising from the issuance of an Administrative Civil Penalties Notice and Order and as a condition of compliance in correcting the violations at issue; require each Responsible Party to cease violating this code and to make all necessary corrections as specified by the City. Section 1.17.170 Liability of Responsible Parties. For the purposes of this chapter, each Responsible Party shall be jointly and severally liable for any and all administrative fines, administrative civil penalties, and related administrative costs awarded, upheld, assessed, or imposed under this chapter. Section 1.17.180 Reserved. Section 1.17.190 Reserved. 9 Section 1.17.200 Administrative Citations. For the purposes of this chapter: A. Any person violating any provision of this Code may be issued an administrative citation by an Enforcement Officer as provided for in this chapter. B. A citation fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City of Beaumont. C. Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter. Section 1.17.210 Administrative Citation Procedures. A. Upon discovering a violation of this code, an Enforcement Officer may issue an administrative citation to a Responsible Party in the manner prescribed in this Chapter. The administrative citation shall be issued on a form approved by the City Manager. B. If the Responsible Party is a business, the Enforcement Officer shall attempt to locate the owner and issue the owner an administrative citation. If the Enforcement Officer can only locate the manager or on-site supervisor or employee, the administrative citation may be issued in the name of the business and given to the manager or on-site supervisor or employee. A copy of the administrative citation shall also be mailed to the owner in the manner prescribed in Section 1.17.040 of this Chapter. C. Once the Responsible Party is located, the Enforcement Officer shall attempt to obtain the signature of that person on the administrative citation. If the Responsible Party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. D. If the Enforcement Officer is unable to locate the Responsible Party for the violation at the property where the violation exists, then the administrative citation shall be mailed to the Responsible Party in the manner prescribed in Section 1.17.040 of this Chapter, and posted in a conspicuous place on or near the property. E. The administrative citation shall also contain the printed name, identification number and phone extension of the Enforcement Officer. F. The failure of any person with an ownership interest in the property to receive notice shall not affect the validity of any proceedings taken under this Chapter. Section 1.17.220 Contents of Citation. A. The administrative citation shall refer to the date and location of the violations and the approximate time, if applicable, that the violations were observed. B. The administrative citation shall identify each violation by the applicable section number of this code and by either the section's title or a brief descriptive caption. 10 C. The administrative citation may describe the action required to correct the violations. D. The administrative citation shall require the Responsible Party to correct the violations within the time stated in the citation and shall explain the consequences of failure to correct the violations. E. The administrative citation shall state the amount of the fine imposed for the violations. F. The administrative citation shall explain how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine. G. The administrative citation shall identify all appeal rights. H. The administrative citation shall contain the printed name, identification number, and phone extension of the Enforcement Officer and the signature of the Responsible Party, if he/she can be located, as outlined in Section 1.17.110. If the Responsible Party refuses to sign the administrative citation, then the Enforcement Officer shall write "refused" on the signature line for the Responsible Party. Section 1.17.230 Administrative Citation Fines; Assessment and Amounts. A. Except as provided in Section 1.17.300, the amounts of fines to be imposed for a violation of this Code and assessed by means of an administrative citation shall be the amounts set forth in Section 1.16.030 of this Code. Notwithstanding this section, the amount of fine to be assessed by means of an administrative citation may be established by minute order of the City Council. B. All fines assessed shall be payable to the City within thirty (30) calendar days from the date of the administrative citation. C. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that the fine is due shall also be liable for the payment of any applicable late payment charges set forth in the schedules of fines. D. The City may collect any past due administrative citation fine or late payment charge by use of any available legal means. The City may also recover its collection costs. E. Any administrative citation fine paid pursuant to Subsection A shall be refunded in accordance with Section 1.17.150 if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation or that there was no violation as charged in the administrative citation. F. Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the City. 11 G. If the Responsible Party fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the fine shall increase at a rate specified by resolution of the City Council. Section 1.17.240 Failure to Pay Administrative Citation Fines. The failure of any person to pay the fines assessed by an administrative citation within the time specified on the citation may result in the City filing a claim with the Superior Court of Califomia, County of Riverside, Small Claims Division or other appropriate Division. Altematively, the City may pursue any other legal remedy to collect the citation fines. Section 1.17.250 Appeal of Administrative Citation. A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City within thirty (30) calendar days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for advance deposit hardship waiver has been filed pursuant to subsection (E) of this Section. B. A request for hearing form may be obtained from the department specified on the administrative citation. C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. D. Advance Deposit Hardship Waiver 1. Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the Responsible Party and who is financially unable to make the advance deposit of the fine as required may file a request for an advance deposit hardship waiver. 2. The request shall be filed with the department specified on the administrative citation on an advance deposit hardship waiver application form available from the department specified on the administrative citation, within ten days of the date of the administrative citation. 3. The requirement of depositing the full amount of the fine as required shall be stayed unless or until the designee of the department specified on the administrative citation makes a determination not to issue the advance deposit hardship waiver. 4. The designee of the department specified on the administrative citation may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the department specified on the administrative citation a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the designee of the department specified on the administrative citation the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing. 5. If the designee of the department specified on the administrative citation determines not to issue an advance deposit hardship waiver, the person shall remit the 12 deposit to the City within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later. 6. The designee of the department specified in the administrative citation shall issue a Written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver. The written determination of the designee of the department specified in the administrative citation shall be final. 7. The written determination of the designee of the department specified on the administrative citation shall be served upon the person who applied for the advance deposit hardship waiver. Section 1.17.260 Administrative Citation Appeal Hearing Procedures. A. No hearing to contest an administrative citation before an Administrative Hearing Officer shall be held unless the fine has been deposited in advance or an advance deposit hardship waiver has been issued. B. Subject to the limitation imposed by Paragraph A above, a hearing before the Administrative Hearing Officer shall be set for a date that is not Tess than fifteen days and not more than sixty days from the date that the request for hearing is filed. C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence conceming the administrative citation. D. The failure of any Responsible Party who is subject to an Administrative Citation to appear at the appeal hearing shall constitute a forfeiture of the citation fine and a failure to exhaust his administrative remedies. E. The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. F. The Administrative Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision. Section 1.17.270 Administrative Citation Appeal Ruling. A. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Officer shall issue a written decision ("Administrative Citation Appeal Ruling") to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. B. If the Administrative Hearing Officer determines that the administrative citation should be upheld, then the amount of the fine set forth in the citation shall not be reduced or waived for any reason. C. If the Administrative Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. 13 D. If the Administrative Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Administrative Hearing Officer shall set forth in the decision a payment schedule for the fine. E. If the Administrative Hearing Officer determines that the administrative citation should be canceled and the fine wasdeposited ith interest at the average rate earned onen the City shall �the Cityly ' td he amount of the deposited fine, together portfolio for the period of time that the fine amount was held by the City. F. The recipient of the administrative citation shall be served with a copy of the Administrative Hearing Officer's written decision. G. The Administrative Hearing Officer's written decision shall become final on the date of mailing of the notice of decision. H. The Administrative Civil Penalties Enforcement 060 ofOth this shall berserved on all parties by any one of the methods listed in Section Section 1.17.280 Judicial Review of Administrative Citation Appeal Ruling. Once the Administrative Hearing Officer's written decision becomes final as provided in this chapter, the time in which judicial review of the order must be sought shall be governed by Califomia Govemment Code Section 53069.4, as that section may be amended from time to time, or the successor provision thereto. Section 1.17.290 Reserved. Section 1.17.300 Administrative Civil Penalties; Authority. A. The process for the assessment of administrative civil penalties established in this chapter is in addition to any other administrative or judicial remedy established by law that may be pursued to address violations of the Beaumont Municipal Code. B. Any person violating any provision of this code may be subject to the assessment of administrative civil penalties and related administrative costs pursuant to the procedures set forth in this chapter. C. Administrative civil penalties, if awarded, assessed, or imposed; shall be assessed at a daily rate, the amount of which shall be determined by the Administrative Hearing Officer and set forth in an Administrative Civil Penalties Enforcement Order following the presentation of evidence at an administrative enforcement hearing according to the procedures established in this chapter. D. The maximum legal rate for administrative civil penalties shall be one thousand dollars ($1,000.00) per day, per violation. The maximum legal amount of administrative civil penalties shall be one hundred thousand dollars ($100,000.00), plus interest on unpaid penalties as provided in Section 1.17.090, per parcel of real property, including any structures located thereon, for all violations of this code, including continuing violations, existing at the time the Administrative Civil Penalties Notice and Order is issued by the Code Enforcement Division or other authorized City department. Violations first occurring after the issuance of an 14 Administrative Civil Penalties Notice and Order shall be subject to enforcement through the issuance of a separate Administrative Civil Penalties Notice and Order. Section 1.17.310 Administrative Civil Penalties Notice and Order; Contents and Procedures. A. Whenever an Enforcement Officer determines that a violation of one or more provisions of the Beaumont Municipal Code has occurred or continues to exist, a written Administrative Civil Penalties Notice and Order may be issued to each Responsible Party. B. The Administrative Civil Penalties Notice and Order shall specify all of the following, required information: 1. Date of mailing by certified and First Class Mail. 2. Identification by name and last known mailing address of each Responsible Party. 3. Identification of the parcel or parcels of real property subject to the Administrative Civil Penalties Notice and Order by street address and assessor parcel number (i.e., °APN") for improved parcels and by APN for unimproved parcels not assigned a street address. 4. Notice, in boldface type, that this chapter authorizes the imposition or assessment of administrative civil penalties up to $1,000.00 dollars per day, per violation of any section of the Beaumont Municipal Code. 5. Notice that the subject property is in violation of one or more sections of the Beaumont Municipal Code as described in the inspection report(s) attached to the Administrative Civil Penalties Notice and Order. The inspection report shall identify each violation by the applicable section number and by either the section's title or a brief descriptive caption; specifically indicate where on the subject property or structure the violation occurred; the date(s) of occurrence; a brief description of how each section was violated; a brief description of the remedial or corrective action required to permanently correct the violation(s); and a compliance deadline date for the completion of all required corrections. 6. A demand and order to cease and desist from further action causing the violations and to permanently correct the violations by completing the action(s) specified in the inspection reports(s) attached to the Administrative Civil Penalties Notice and Order by a calendar date certain (the compliance deadline). 7. Notice that each Responsible Party is subject to an order requiring the payment of administrative civil penalties for each violation not corrected by the compliance deadline, in an amount determined by the Administrative Hearing Officer. 8. A list of each violation identified by the applicable section number and the daily amount of administrative civil penalties proposed for each violation. 9. Identification of the specific factors that were used to determine the proposed daily amount of administrative civil penalties, pursuant to the criteria in Section 15 1.17.320 of this chapter, to be sought by the City in the event the corrective action required is not completed prior to the compliance deadline. 10. Notice of the date the amount of administrative civil penalties sought shall begin to accrue, and that any administrative civil penalties subsequently assessed shall continue on a daily basis at the daily assessed rate until the violations have been permanently corrected as determined by the City or the maximum amount has been reached. 11. Notice that administrative costs, in addition to any administrative civil penalties that may be imposed, may also be assessed by the Administrative Hearing Officer. 12. Notice and a brief description of the consequences of a Responsible Party's failure or refusal to appear at an administrative enforcement hearing on the Administrative Civil Penalties Notice and Order, and a Responsible Party's failure or refusal to pay the assessed administrative civil penalties and costs as provided in this chapter. 13. Notice and a brief description of any other consequences arising from a Responsible Party's failure or refusal to comply with the terms and deadlines as prescribed in the Administrative Civil Penalties Notice and Order. 14. Notice and a brief description of the administrative enforcement hearing procedures as set forth in this chapter. 15. Notice that a Responsible Party may seek judicial review of the Administrative Civil Penalties Enforcement Order pursuant to California Code of Civil Procedure Section 1094.6. C. The Administrative Civil Penalties Notice and Order shall be served upon each Responsible Party in the manner required under this chapter. D. More than one Administrative Civil Penalties Notice and Order may be issued against the same Responsible Party if each such subsequent notice and order concerns different dates, different violations, or different locations. Section 1.17.320 Determination of Administrative Civil Penalties; Accrual and Amount. A. In determining the date when administrative civil penalties start to accrue, an Enforcement Officer may consider the date when the City first discovered the violation as evidenced by the issuance of an administrative citation, Administrative Civil Penalties Notice and Order, or any other written notice or correspondence to any Responsible Party. B. In determining the amount of administrative civil penalties to be assessed on a daily rate, an Enforcement Officer may consider some or all of the following factors: 1. The duration of the violation. 2. The frequency of recurrence of the violation. 16. 3. The seriousness of the violation. 4. The history of the violation. 5. The Responsible Party's conduct after issuance of the Notice and Order. 6. The good faith effort by the Responsible Party to comply. 7. The economic impact of the penalty on the Responsible Party. 8. The impact of the violation upon the community. 9. Any other factors that justice may require. C. The City Manager, or the designated representative thereof, shall have the authority, but not the obligation, to establish a penalty schedule for Administrative Hearing Officers to use as a guideline in determining the amount of administrative civil penalties in appropriate cases; and to establish procedures for the use of this penalty schedule. Section 1.17.330 Administrative Costs. The Administrative Hearing Officer is authorized to assess any reasonable administrative costs as set forth in an itemized statement of administrative costs presented at the administrative enforcement hearing on the Administrative Civil Penalties Notice and Order. Section 1.17.340 Failure to Comply With an Administrative Civil Penalties Notice and Order; Administrative Enforcement Hearing. When the Responsible Party fails to comply with the terms of the Administrative Civil Penalties Notice and Order by correcting the violation(s) and bringing the property into compliance with this code, an Enforcement Officer may schedule an administrative enforcement hearing as provided in this chapter. Section 1.17.350 Administrative Civil Penalties Enforcement Order. A. Within fifteen calendar days of the completion of the administrative enforcement hearing on an Administrative Civil Penalties Notice and Order, the Administrative Hearing Officer shall exercise the powers conferred under Section 1.17.160 and issue an Administrative Civil Penalties Enforcement Order. B. The Administrative Civil Penalties Enforcement Order shall contain the following information: 1. Date of administrative enforcement hearing. 2. Identification by name of each Enforcement Officer, Responsible Party, and all other witnesses attending the hearing. 3. Determination of sufficiency of notice for due process purposes. 17 4. Summary of evidence presented by each witness, including exhibits. 5. Findings of fact, analysis of applicable sections of the Beaumont Municipal Code, and conclusions of law as to the issues specified at Section 1.17.130 F of this chapter. 6. Determination and assessment of administrative civil penalties and costs to be awarded to the City, if any. 7. Notice of appeal rights and judicial review pursuant to Code of Civil Procedure 1094.6. 8. Signature of the Administrative Hearing Officer and the signature date. C. The Administrative Civil Penalties Enforcement Order shall become final and take effect on the date it is signed by the Administrative Hearing Officer. D. The Administrative Civil Penalties Enforcement Order shall be served on all Responsible Parties in the manner required under Section 1.17.060 of this chapter. Section 1.17.360 Failure to Comply With the Administrative Civil Penalties Enforcement Order. Upon the failure of the Responsible Party to comply with terms and deadlines set forth in the Administrative Civil Penalties Enforcement Order, the Enforcement Officer may use all appropriate legal means to recover the administrative civil penalties and administrative costs assessed and obtain `compliance with the Administrative Civil Penalties Enforcement Order. Section 1.17.370 Duty to Verify Correction and Compliance. After the Administrative Hearing Officer issues an Administrative Civil Penalties Enforcement Order, the Enforcement Officer shall periodically and regularly inspect the subject property to determine whether the subject property has been brought into compliance with the Administrative Civil Penalties Enforcement Order. Section 1.17.380 Judicial review of an Administrative Civil Penalties Enforcement Order. Any Responsible Party aggrieved by an Administrative Civil Penalties Enforcement Order may obtain judicial review of that order by filing a petition for review with the Superior Court of Riverside County in accordance with the timelines and provisions set forth in California Code of Civil Procedure section 1094.6. Section 1.17.390 Failure to Comply With an Administrative Civil Penalties Enforcement Order; Alternative Remedies. A. It is unlawful for a Responsible Party who has been served with a copy of the final Administration Enforcement Order pursuant to this chapter to fail to comply with that order. B. Failure to comply with a final Administrative Enforcement Order may be prosecuted as an infraction or misdemeanor at the discretion of the City Attorney. C. Failure to comply with a final Administrative Enforcement Order may result in alternative remedies, such as civil injunction, abatement, receivership or any other legal remedy. 18 ORDINANCE NO. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 9.36 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "PANHANDLING, SOLICITING AND AGGRESSIVE SOLICITATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 9.36, entitled "Panhandling, Soliciting and Aggressive Solicitation", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 16th day of September , 2008, by the following roll call vote: AYES: Mayor DeForge, Council Member Killough, Dressel, Berg, and Fox NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of October , 2008, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Member Killough, Dressel, Berg, and Fox NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By 1 BRIAN DeFOR ayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 943 duly introduced at a regular meeting of the City Council of the City of Beaumont held on September 16, 2008, and was duly adopted upon a second reading on October 7, 2008, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By Deputy City Clerk 2 CHAPTER 9.36 PANHANDLING, SOLICITING AND AGGRESSIVE SOLICITATION Sections: Section 9.36.010 Findings. Section 9.36.020 Definitions. Section 9.36.030 Aggressive Solicitation Prohibited. Section 9.36.040 Prohibited Solicitation and Panhandling in Specific Locations. Section 9.36.050 Prior Waming Required. Section 9.36.060 Penalties. Section 9.36.070 Severability. Section 9.36.010 Findings. The City Council finds that the problems of panhandling, solicitation, and aggressive solicitation are among the most difficult and vexing faced by the City and that prior approaches have failed. The City Council finds that aggressive solicitation in public and private places threatens residents' and visitors' safety, privacy and quality of life. The City Council desires to establish a policy that preserves citizens' right to enjoy public spaces free from fear and harassment while protecting the free speech rights of individuals and groups. Section 9.36.020 Definitions. The following definitions shall apply to the terms used herein: A. "Soliciting" or "Panhandling" shall mean to approach with a request or plea, to ask for the purpose of receiving, to endeavor or obtain by asking or pleading, propositioning, or to entreat, implore or importune. Soliciting shall include the use of the spoken, written or printed word, bodily gestures, signs or other means, with the purpose of trying to obtain something, such as money, employment, business, signatures, or votes. B. "Aggressive Solicitation" shall mean: 1. Continuing to solicit from a person after the person has given a negative response to such soliciting; 2. Intentionally touching or causing physical contact, in the course of soliciting, with another person without that person's consent; 3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, causing the pedestrian or vehicle to take evasive action to avoid physical contact; 4. Using violent or threatening gestures toward a person solicited; 5. Following the person being solicited. 1 C. "Public Place" shall mean a place where a govemmental entity has title, to which the public or a substantial group of persons has access induding, but not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park or playground. D. "Check Cashing Business" shall mean any person licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to Califomia Civil Code, Section 1789.31. E. "Automated Teller Machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions induding, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments. Section 9.36.030 Aggressive Solicitation Prohibited. No person shall engage in aggressive solicitation in any public place. Section 9.36.040 Prohibited Solicitation and Panhandling in Specific Locations. A. No person shall solicit or panhandle within 30 feet of any entrance or exit of a bank, credit union, check cashing business or within 30 feet of an automated teller machine without the consent of the owner of the property or other person legally in possession of such business or machine. B. No person shall solicit or panhandle an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway, on-ramp or off -ramp. C. No person shall solicit or panhandle in any public transportation vehicle, or any public or private parking lot or structure. Section 9.36.050 Prior Warning Required. Before any law enforcement officer may cite or arrest a person under this Chapter, the office must have first warned the person that his or her conduct is in violation of this Code and must give the person an opportunity to comply with the provisions of this Code. Section 9.36.060 Penalties. Any person violating any provision of this Chapter shall be guilty of an infraction and, upon conviction, the violator shall be punished by a fine not exceeding $50.00; provided, however, that any person guilty of violating this Chapter three or more times in a 12 -month period shall be fined no less than $300.00 or more than $500.00. Section 9.36.070 Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any Court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. 2 ORDINANCE NO. 943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 9.36 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "PANHANDLING, SOLICITING AND AGGRESSIVE SOLICITATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIAR.N7A AS FOLLOWS. Section 1: Chapter 9.36, entitle • • Pd Panhandling, Soliciting and Aggressive Solicitation", is hereby added to the Beaumont Municipal gam' itatlon , Code to read as more specificallyprovided Exhibit "A", which Exhibit is attached hereto and made a part hereof. for in Section 2: This Ordinance shall take effect as' provided by law. MOVED AND PASSED upon first readingthis 16 t h day of September , 2008, b wing roll call vote: y the folio AYES: Mayor DeForge, Council Member' NOES: Killough, Dressel, Berg, and Fox None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of October , 2008, upon second reading by the following roll call vote: p° AYES: Mayor DeForge, Council Member Killough, Dressel,. Berg, and Fox NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By 4f'16, r 1 BRIAN DeFOR ayor CERTIFICATION •copyof Ordinance No. 943 duly introduced at a The foregoing is certified to be a true • Cityof Beaumont held on September 16, 2048, and regular �.eeting of the City Council of the the roll call votes indicated adopted upon a second reading on October 7, 2008, by was duly po therein. CITY OF BEAUMONT By (SEAL) /\\ Deputy City Cler 2 CHAPTER 9.36 PANHANDLING, SOLICITING AND AGGRESSIVE SOLICITATION Sections: Section 9.36.010 Findings. Section 9.36.020 Definitions. Section 9.36.030 Aggressive Solicitation Prohibited. Section 9.36.040 Prohibited Solicitation and Panhandling in Specific Locations. Section 9.36.050 Prior Waming Required. Section 9.36.060 Penalties. Section 9.36.070 Severability. Section 9.36.010 Findings. • the problems of panhandling, solicitation, and aggressive The City Council finds that solicitation are among a the most difficult and vexing faced by the City and that prior approaches have failed. City solicitation inpublic and private places threatens The Council finds that aggressive so . • �visitors'and qualityof life. The City Council desires to establish a residents and safety, privacy - • citizens' to enjoypublic spaces free from fear and harassment while policy that preserves citizens right P P9 rotectin the free speech rights of individuals and groups. Section 9.36.020 Definitions. The followingdefinitions shall apply to the terms used herein: shall mean to approach with a request or plea, to A. "Soliciting"or"Panhandling" or receiving, to endeavor or obtain by asking or pleading, propositioning, ask for the purpose of rete g, to entreat, implorep'a' or importune. Soliciting shall include the use of the spoken,written or printed word bodilygestures, signs or other means, with the purpose oftrying t0 obtain something, such as money, employment, business, signatures, or votes. B. "Aggressive Solicitation" shall mean: 1. Continuing to solicit from a person after the person has given a negative response to such soliciting; Intentionally touchingor causing physical contact, in the course of 2. Intent y • soliciting, with another person without that person's consent; ll blocking or interfering with the safe or free passage of a 3. Intentionally 9 pedestrian orany vehicle bymeans, causing the pedestrian or vehicle to take evasive action to avoid physical contact; 4. Using violent or threatening gestures toward a person solicited; person Followingthe being solicited. 1 C. "Public Place" shall mean a place where a governmental entity has title, to which the public or a substantial group of persons has access including, but not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park or playground. D. "Check Cashing Business" shall mean any person licensed by the Attorney General to engage in the business of cashing checks, drafts or money orders for consideration pursuant to California Civil Code, Section 1789.31. E. "Automated Teller Machine" shall mean a device, linked to a financial institution's account records, which is able to carry out transactions including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments. Section 9.36.030 Aggressive Solicitation Prohibited. No person shall engage in aggressive solicitation in any public place. Section 9.36.040 Prohibited Solicitation and Panhandling in Specific Locations. A. No person shall solicit or panhandle within 30 feet of any entrance or exit of a bank, credit union, check cashing business or within 30 feet of an automated teller machine without the consent of the owner of the property or other person legally in possession of such business or machine. B. No person shall solicit or panhandle an operator or other occupant of a motor vehicle while such vehicle is located on any street or highway, on-ramp or off -ramp. C. No person shall solicit or panhandle in any public transportation vehicle, or any public or private parking lot or structure. Section 9.36.050 Prior Warning Required. Before any law enforcement officer may cite or arrest a person under this Chapter, the office must have first warned the person that his or her conduct is in violation of this Code and must give the person an opportunity to comply with the provisions of this Code. Section 9.36.060 Penalties. Any person violating any provision of this Chapter shall be guilty of an infraction and, upon conviction, the violator shall be punished by a fine not exceeding $50.00; provided, however, that any person guilty of violating this Chapter three or more times in a 12 -month period shall be fined no less than $300.00 or more than $500.00. Section 9.36.070 Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any Court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. 2 ORDINANCE NO. 944 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO RE ZONE APPROXIMATELY 340 ACRES OF LAND FROM COMMERCIAL GENERAL (C-G),COMMUNITY COMMERCIAL (C -C), RESIDENTIAL SINGLE FAMILY (R-SF),RESIDENTIAL MULTIPLE FAMILY (R -MF), OVERLAY(0)AND PUBLIC FACILITIES (PF) TO SP -A (SPECIFIC PLAN AREA) (ZONE CHANGE NO. 08-RZ-02, DOWNTOWN SPECIFIC PLAN) of the City the City Council of Beaumont has directed the Specific Plan to establish development standards, criteria preparation of the Downtown , and incentives with the intent of stimulating the revitalization of Downtown Beaumont; and Update adopted in March of 2007 set forth policies WHEREAS, the General Plan p p for the preparation of a Specific Plan for Downtown Beaumont, and the Specific Plan subsequently prepared and adopted is consistent with the General Plan; and of the City the City Council of Beaumont has adopted by minute duly public hearing on December 16, at a noticed order the Downtown Specific Plan 2008; and WHEREAS, Specific Plans inimplemented are the Ci im lemented through Specific Plan (SP -A) Zoning, thus establishing the standards contained in the Specific Plan as the applicable zoning standards; and WHEREAS, the property encompassing the Downtown Specific Plan and Zone p g and east of Interstate 10, Change No. 08-RZ-02 is located northwest of Highland i hth Street as depicted in Exhibit"A"attached hereto Springs Avenue and south of E Eighth p p and by this reference incorporated; and WHEREAS, duly public ublic hearings were conducted on this matter as required by law by the Planning Commission on November 12, 2008 and the City • and the PlanningCommission at its public hearing Council on December 16, 2008, recommended that the City Council approve the Downtown Specific Plan and Zone Change No. 08-RZ-02; and WHEREAS, the City Councilprior has taken action in connection with the update March 6,2007 certifying that an Environment Impact of the Beaumont General Plan on Report, Findings of Fact, Statement of Overriding Considerations, and Mitigating Monitoring and Reporting Plan were prepared for the General Plan and related actions, Plan and that these documents adequately address including the Downtown Specific project in accordance with the provisions of the California the potential impacts of the Environmental Quality Act. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: 1: I ZoningMapof the City is hereby amended to SECTION The Official designate the Subject Site legally II described in attached Exhibit "A" with the following zoning designation: SP -A (SPECIFIC PLAN AREA) SECTION 2: Based upon the entire record before the City Council, including all written and oral evidence presented to the CityCouncil, the City Council hereby makes and adopts the following findings: This iswith the City's General Plan because it A. Ordinance in conformance ty implements the policies and directives of the Land Use Element, which specify the preparation of a Specific Plan for Downtown Beaumont. B. This Ordinance is in conformance with the Downtown Specific Plan i ' Area Zone is intended to accommodate because: (i) the SPA Specific Planning .. plan has been adopted; (ii) the Downtown Specific Plan properties for which a specific p e of zone; and(iii)all uses comply with in con unction with this chang is being adoptedJ the Downtown Specific Plan. 3:Council has previouslycertified the Beaumont General SECTION The City Plan Update Environmental Impact Report and has adopted Findings of Fact, p p Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting and requirements of the California Environmental Plan for pursuant to the provisions q •Council finds that all documentation prepared complies Quality Act and the City . • - herebyincorporates byreference, as if fully set forth therewith. The City Council p adopted in conjunction with the adoption of the herein, all actions and documentsconjunction Beaumont General Plan Update. SECTION 4: This Ordinance shall take effect thirty (30) days after its final days after its passage the City Clerk shall cause a passage and within fifteen (15)generald of erpublished newspaper circulation, printedan summary to be published in a p p prescribed bylaw for publishing of ordinances of in the City of Beaumont, in a manner said City. MOVED, PASSED AND APPROVED THIS 16TH DAY OF DECEMBER, 2008 by the following vote: AYES: Mayor DeForge, Council Members Dressel, Fox, Berg, & Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND APPROVED THIS 6th DAY OF January 9, 2009 by the following vote: AYES: Mayor DeForge, Council Members Dressel, Fox, Berg, & Gall NOES: None ABSTAIN: None ABSENT: None f MAYOR OF THE OF BEAUMONT IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE NO. 2790 Notice Beaumont City Council Ordinance No. 945 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 12/05 all in the year 2008 I certify (or declare) under penalty of per- jury t o at e foregoing is true and correct. signature Date 12/05/08 at Riverside, California. This space for County Clerk's Filing Stamp ORDINANCE NO. 945 AN ORDINANCE OF THE CITY OF BEAUMONT ESTABLISHING CITY TRANSPORTATION FEE PROGRAM, CONTINUING THE COMPREHENSIVE PUBLIC FACILITIES FINANCING PROGRAM, AMENDING AND RESTATING ORDINANCE NO. 894 AND REPEALING RESOLUTION NO. 2008-35 WHEREAS, in 1993, the City Council adopted the "Comprehensive Public Facilities Financing Program" ("CPFFP") for the purpose of facilitating the provision of public works infrastructure, including sewer, water and transportation infrastructure, to meet the demands of growth and development within the City of Beaumont (the "City") in accordance with the Beaumont General Plan; and WHEREAS, in the 10 years following the adoptioq of the CPFFP, the City constructed a new wastewater treatment plant, rehabilitated and upgraded its water and sewer system to meet all public health and safety standards, and made provision for new transportation arterials through and around the City, such as the Potrero Boulevard Bypass which is a key regional facility identified in the Measure 1A program; and WHEREAS, during the decades of the 1980s and 1990s, the County of Riverside (the "County") experienced rapid residential and commercial growth, straining the County's and the City's transportation network, which, at the time, consisted primarily of two-lane roads connecting the incorporated communities of the County; and WHEREAS, beginning in 2002, the Board of Supervisors of the County (the "Board of Supervisors"), recognizing the inadequacy of the transportation network, in conjunction with the Western Riverside Council of Government ("WRCOG"), called for the imposition of a uniform fee by all WRCOG members, the "Transportation Uniform Mitigation Fee' ("TUMF"), and called for the adoption of a building moratorium if the TUMF failed (the "TUMF Program"); and WHEREAS, WRCOG prepared a model TUMF ordinance for its members; and WHEREAS, in November, 2002, the voters adopted Measure 1A, which extended the authority of the Riverside County Transportation Commission to collect a tax on gasoline for a period of 20 years, commencing in January, 2009 (the "Gas Tax"), which Measure also required the members of WRCOG (including the City) to adopt the model TUMF ordinance (the "TUMF Ordinance") or lose their eligibility to receive an allocated share of the Gas Tax; and WHEREAS, the Board of Supervisors adopted the TUMF Ordinance; and WHEREAS, the City was urged by representatives of the Board of Supervisors and WRCOG to adopt the TUMF Ordinance; and WHEREAS, on or about January 21, 2003, the City Council considered the TUMF Ordinance, but continued the matter for further deliberation to resolve issues with respect to the preservation of the CPFFP and with respect to California Government Code Section 66000 et seq. (the "Mitigation Fee Act"); and WHEREAS, representatives of the County and WRCOG continued to lobby the City by urging adoption of the TUMF Ordinance, with assurances that the City could continue to implement its CPFFP and that the continued implementation of the CPFFP would be coordinated with the TUMF Program as administered by WRCOG; and WHEREAS, on March 4, 2003, the City Council enacted the TUMF Ordinance (Ordinance No. 839) based on the following representations by County and WRCOG representatives: 1. Failure to do so would result in the loss of the Gas Tax commencing in 2009; 2. Failure to do so would undermine the "uniformity" of the TUMF, thereby resulting in undesirable legal and political ramifications for the City and for the County and other member cities of WRCOG; 3. Failure to do so would produce an undesirable precedent having the potential to lead to early failure of the program and legal challenge by the Building Industry Association; and 4. The County and WRCOG would work with the City so that the CPFFP would be coordinated with, and complement the adoption of, the TUMF Program; and WHEREAS, Ordinance No. 839 provided an exemption for development projects which are the subject of a public facilities development agreement entered into pursuant to Government Code Section 65864 et seq. which prohibits the imposition of new fees, and the City had previously entered into development agreements which restrict the imposition of subsequent development exactions to those exactions for critical facilities and services of the City relating to law enforcement, fire protection, transportation, wastewater treatment and parks, recreation and open space; and WHEREAS, Ordinance No. 839 provided that if there was a recognized benefit district established, the City may credit that portion of the facility identified in both programs against the TUMF, and the City's CPFFP was a recognized benefit district and recognized financing district established by the City through Community Facilities District No. 93-1, Westside Area Benefit District Ordinance No. 797, Eastside Area Benefit District Ordinance No. 826, and Beaumont Road and Bridge Area Benefit District Ordinance No. 837 and Assessment District No. 98-1, and the City intended to credit the facilities identified in the CPFFP and the TUMF Program which were acquired and/or constructed through the CPFFP against the TUMF which might otherwise be due; and WHEREAS, Ordinance No. 839 provided that if a developer constructed arterial improvements identified on the Regional System of Highways and Arterials (RSHA), the developer shall receive credit for the costs associated with the arterial component based on approved unit cost assumptions for the RSHA and anticipated that when a developer constructed or funded transportation facilities such as an interchange, bridge or railroad grade separation, TUMF credits would be afforded to the developer or the City as set forth in the TUMF Nexus Study; and WHEREAS, WRCOG approved an administrative plan (the "Administrative Plan") after the City's adoption of Ordinance No. 839, and the Administrative Plan provided that (i) where there was an existing benefit district, or an existing fee program with bonded indebtedness established prior to June 1, 2003, the City may credit the TUMF for that portion of the facility identified in both programs; (ii) if a developer constructs improvements identified on the RSHA, the developer shall receive credit for all costs associated with the improvements based on approved unit cost assumptions for the RSHA, and (iii) when a development project was required to construct RSHA facilities as project -specific mitigation, it shall be eligible for credit and/or reimbursement, but the Administrative Plan did not specify the method for (x) providing credits when a local agency constructs the improvements or (y) providing cydits with respect to City facilities identified in an existing benefit district or an existing fee program; anci WHEREAS, on March 1, 2005, the City Council adopted Ordinance No. 875 amending the schedule of fees set forth in Ordinance No. 839; and 2 WHEREAS, on May 2, 2006, the City Council adopted Ordinance No. 894 authorizing continued participation in the TUMF Program, which Ordinance superseded Ordinance Nos. 839 and 875 (all three Ordinances shall hereafter be referred to as the "Prior Ordinances") after seeking confirmation from WRCOG staff that WRCOG and the City would continue their efforts to coordinate the CPFFP and the TUMF Program; and WHEREAS, with respect to developers not participating in the CPFFP, the City collected approximately $2.7 million of the TUMF and remitted all of the moneys so collected to WRCOG; and WHEREAS, the CPFFP has constructed or has funding set aside for construction of over $40 million public transportation facilities, which facilities are described on Exhibit "A" hereto; and WHEREAS, since the adoption of the Prior Ordinances, efforts were made by the respective staffs of the City and WRCOG to coordinate the administration of the CPFFP and the TUMF Programs, but all such efforts apparently failed; indeed, several changes were made in the TUMF Program unilaterally by WRCOG, culminating in a rule change adopted on February 4, 2008, which rule change barred the City's continued implementation of the CPFFP; and WHEREAS, on August 14, 2008, WRCOG demanded that the City enter into a "Tolling Agreement" for the purpose of preserving WRCOG's legal rights for a period of time necessary for WRCOG to demand that the City justify its participation in the TUMF Program; and WHEREAS, WRCOG has made it clear that it intends to sue the City for a lack of participation in the TUMF Program as it relates to the CPFFP, demanding that the City pay WRCOG some $59,000,000.00 and, presumably, to forfeit any claim the City might have to the Gas Tax; and WHEREAS, the City's continued participation in the TUMF Program, as outlined above, has become a legal liability for which termination of the City's continued participation in the TUMF Program is necessary in order to reduce its exposure and that legal fees expected to be incurred in the threatened litigation will exceed $1,000,000.00; and WHEREAS, in 2003, the City adopted Ordinance No. 837 establishing the Beaumont Road and Bridge Benefit Mitigation Fee (the "Beaumont Road and Bridge Fee"); and WHEREAS, on November 18, 2008, the City Council adopted Resolution No. 2008-44 amending the fees imposed pursuant to the Beaumont Road and Bridge Fee so as to fairly and equitably allocate transportation facility costs for certain required transportation improvements to the roadway system in accordance with Ordinance No. 837 and AB 1600, after conducting a public hearing at which an oral and written presentation was made to the City Council, including review of the City of Beaumont - Beaumont Road and Bridge Fee - Facility Mitigation Fee Study (the "Facilities Fee Study") attached as Exhibit "A" to Resolution No. 2008-44 and including review of a map depicting the local roadway system as an exhibit within the Facilities Fee Study, and the Facilities Fee Study is attached hereto as Exhibit "B;" and WHEREAS, the City Council desires to amend and restate the Prior Ordinances and a public hearing has been held at which an oral and written presentation has been made to the City Council on the date hereof relating to the proposed Ordinance; The City Council of the City of Beaumont does ordain as follows: 3 Section 1. Title and Purpose This Ordinance shall be known as the "City Transportation Fee Program Ordinance" ("Ordinance") which establishes the transportation fee (the "Transportation Fee"). Such fee shall be in an amount equal to the per equivalent dwelling unit amount set forth in Exhibit "B" as the Beaumont Road and Bride Facilities. Fee and shall be collected as described herein. Given the inability of the City and WRCOG to coordinate the administration of the CPFFP and the TUMF Program, the City Council hereby amends and restates the Prior Ordinances so as to enable administration thereof consistent with the City's interpretation of the provisions of such Prior Ordinances as set forth in the recitals hereto. The Prior Ordinances are hereby amended and restated to be consistent with the following provisions of this Ordinance. Section 2. Findings A. The recitals set forth above are hereby adopted as fmdings in support of this Ordinance. B. The City Council has been informed and advised, and hereby finds, that future development within the City will result in traffic volumes exceeding the capacity of the local roadway network as it presently exists. A map depicting the local roadway system is attached hereto as part of Exhibit "B" and made a part hereof. This map is consistent with the roadway system in the City in the map on file in connection with the Prior Ordinances. C. The City Council has been further informed and advised, and hereby fmds, that if the capacity of the local roadway system is not enlarged, the result will be substantial traffic congestion, with unacceptable levels of service throughout the City by 2025. D. The City Council has been further informed and advised, and hereby finds, that funds will be inadequate to construct the roadway system needed to avoid the unacceptable levels of traffic congestion and related adverse impacts. Absent the Transportation Fee or the Beaumont Road and Bridge Fee, existing and known future funding sources will be inadequate to provide the necessary improvements to the roadway system, resulting in an unacceptably high level of traffic congestion within and around the City. E. The City Council has caused to be prepared, and has reviewed, the Facilities Fee Study, attached hereto as Exhibit "B," and hereby finds that future development within the City will result in inordinate levels of congestion and that unless such development contributes to the costs of improving the roadway system, the roadway system will operate at unacceptable levels of service. The Facilities Fee Study updates the facilities and estimated costs of roadway system improvements in the City previously presented in the facilities reports prepared and reviewed in connection with the Prior Ordinances. F. The City Council hereby finds and determines that failure to mitigate growing traffic impacts on the roadway system within the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the roadway system will adversely affect the public health, safety and welfare. G. The City Council further finds and determines that there is a reasonable and rational relationship between the use of the Transportation Fee and the type of development projects on which the fee is imposed because the fee will be used to construct the transportation improvements to the roadway system that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the Transportation Fee will be levied. H. The City Council further finds and determines that there is a reasonable and rational relationship between the need for the improvements to the roadway system and the type of development 4 projects on which the Transportation Fee is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the roadway system. Such development will benefit from the roadway system improvements and the burden of such development will be mitigated in part by the payment of the Transportation Fee. The area of benefit for purposes of Exhibit "B" is the entire City. I. The City Council further fmds and determines that the cost estimates set forth in the Facilities Fee Study are reasonable cost estimates for constructing the roadway system improvements and that the amount of the Transportation Fee expected to be generated by new development will not exceed the total fair share cost to such development. J. The City Council further finds and determines that the cost estimates set forth in the Facilities Fee Study are reasonable cost estimates for constructing the roadway system improvements and that the amount of the Transportation Fee expected to be generated by new development will not exceed the total fair share cost of these costs. K. The fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the roadway system improvements identified in the Facilities Fee Study. The need for improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. L. By notice duly given and published, the City Council set the time and place for a public hearing on the Facilities Fee Study and the fee proposed thereunder and at least ten days prior to the hearing, the City made the Facilities Fee Study available to the public. M. At the time and place set forth for the hearing, the City Council duly considered the data and information provided by the public relative to the cost of the facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. N. The City Council finds that the Facilities Fee Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the roadway system. O. The City Council hereby adopts the Facilities Fee Study and findings incorporated therein, which Study is attached hereto as Exhibit "B," and incorporates it herein as though set forth in full. P. The City Council hereby adopts this Ordinance to amend and restate the provisions of the Prior Ordinances. Section 3. Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: A. "Class 'A' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on-site support services/maintenance, and often includes full service ancillary uses, such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'A' Office shall be as follows: (i) minimum of three stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv) central interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be 5 accessed from the street to provide entrances/exits for commercial uses within the building. B. "Class `B' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on-site support services/maintenance, and often includes full service ancillary uses, such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class `B' Office shall be as follows: (i) minimum of two stories; (ii) minimum of 20,000 square feet per floor; (iii) steel frame, concrete or masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. C. "Development Project" or "Project" means any project undertaken for the purpose of development, including the issuance of a permit for construction. D. "Gross Acreage" or "Gross Acre" means the total property area as shown on a land division map of record or described through a recorded legal description of the property. This area shall be bounded by road rights-of-way and property lines. E. "Habitable Structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws. F. "Industrial Project" means any Development Project that proposes any industrial or manufacturing use. G. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to Section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. H. "Multi -Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per Gross Acre. I. "Non -Residential Unit" means retail commercial, service commercial and industrial development which is designed primarily for non -dwelling use but shall include hotels and motels. J. "Recognized Financing District" means the CPFFP, as may be amended from time to time. K. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi -family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. L. "Retail Commercial Project" means any development project that proposes any commercial use not defined as a service commercial project. M. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services and typically consistent with corporate offices, financial institutions, legal and medical offices. N. "Single -Family Residential Unit" means each residential dwelling unit in a development that has a density of 8 units to the Gross Acre or less. Section 4. Establishment of the City Transportation Mitigation Fee A. Adoption. The schedule of fees set forth in the Facilities Fee Study is hereby adopted. Adjustments to such fees may be established by Resolution. B. Fee Calculation. The fees shall be calculated by the Director of Public Works or a designated representative. The following shall be observed for purposes of calculating the fee: i. For non-residential projects, the fee rate utilized shall be based upon the predominate use of the building or structure identified in the building permit or structure identified in the building permit. ii. For non-residential projects, the fee shall be calculated on the total square footage of the building or structure identified in the building permit. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the City Council. By amendment to this Ordinance, or by adoption of a Resolution, the fees may be increased or decreased to reflect changes in actual and estimated costs of the transportation improvements to the roadway system, including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the transportation improvements to the roadway system. The City Council shall review the program not less than every four (4) years after the effective date of this Ordinance. D. Purpose. The purpose of the Transportation Fee is to fund those certain transportation improvements to the roadway system located within the City depicted on the map included in the Facilities Fee Study attached as Exhibit "B," or such transportation improvements to the roadway system approved by the City as were planned at the time the Transportation Fee was imposed in the past. E. Applicability. The Transportation Fee shall apply to all new development within the City unless otherwise exempt hereunder. Fee: F. Exemptions. The following new development shall be exempt from the Transportation i. Low Income Residential Housing. ii. Government/public buildings, public schools and public facilities. 111. The rehabilitation and/or reconstruction of any Habitable Structure in use on or after January 1, 2000, provided that the same or fewer traffic trips are generated as a result thereof. 7 iv. Development Projects which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code Section 65 864 et seq. prior to the effective date of this Ordinance, wherein the imposition of new fees are expressly prohibited; provided that, if the term of such Development Agreement is extended by amendment or by any other manner after the effective date of this Ordinance, the Transportation Fee shall be imposed. v. Guest dwellings. vi. Additional single-family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in the Municipal Code. vii. Kennels and catteries established in connection with an existing single-family residential. viii. Detached second units. ix. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. x. Any nonprofit corporation or nonprofit organization offering and conducting full- time day school at the elementary or high school level for students between the ages of five and eighteen years. G. Credit. Improvements included within the Facilities Fee Study may be credited toward the Transportation Fee in accordance with the CPFFP and the following: i. Arterial Credits: If a developer constructs arterial improvements identified in the Facilities Fee Study, the developer shall receive credit for all costs associated with the arterial component based on approved unit cost assumptions for the roadway system improvements determined by the City. Unless ratified by later City Council action, the City Council must pre -approve any credit agreements that deviate from the standard City approved format. ii. Other Credits: In special circumstances, when a developer constructs off-site improvements, such as an interchange, bridge or railroad grade separation, credits shall be determined by the City in consultation with the developer. All such credits must have prior written approval from City staff. 111. Maximum Amount of Credits. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the roadway system improvements or actual costs, whichever is less. iv. Credits for CPFFP. The City may credit that portion of the facility identified in the CPFFP and the Transportation Fee programs against the Transportation Fee in accordance with the CPFFP. Section 5. Reimbursements Should the developer construct applicable transportation improvements to the roadway system referenced in Exhibit "B" hereto or such transportation system improvements as have been approved by 8 the City with respect to the Prior Ordinances, in excess of the Transportation Fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less. Reimbursements shall be enacted through a two-party agreement, including the developer and the City, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements to the roadway system as scheduled in the Capital Improvements Program adopted annually by the City Council. Section 6. Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Building Department. The Director of Building and Safety, or his/her designee, is hereby authorized to levy and collect the Transportation Fee and to make all determinations required by this Ordinance. B. Payment. Payment of the fees shall be as follows: The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever comes first (the "Payment Date"). However this section should not be construed to prevent payment of fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the time application is made for a building permit, and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her Transportation Fee obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the Transportation Fee schedule in place on the Payment Date. If any fee is not fully paid (or required to be paid) prior to the issuance of a building permit for construction of the residential development encumbered thereby, the City may require the property owner, or Lessee if the Lessee's interest appears of record, as a condition for issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time required above, as set forth in Section 66007 of the Government Code. The fee shall be calculated according to the fee schedule set forth in the Facilities Fee Study, or an ordinance or a resolution adopted to adjust the fees. 11. The fees required to be paid shall be the fee amounts in effect at the time payment is due under this Ordinance, not the date this Ordinance is initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the Transportation Fee. iii. If all or part of any Development Project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fee shall run with the land. iv. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder shall be deposited, invested, accounted for and expended in accordance with the provisions of this Ordinance and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with the City Council. Appealable issues shad be the application of the fee, application of credits, application of reimbursement, application of the 1 '1 action stay and application of exemption. E. Reports to City Council. The Director of Building and Safety, or his/her designee, shall prepare and deliver to the City Council, periodic reports as required by the Mitigation Fee Act. Section 7. Establishment of Fees. The fees imposed pursuant to this Ordinance from and after the retroactive effective date set forth in Section 9 hereof, through the effective date of this Ordinance as set forth in the first sentence of Section 9 hereof, shall be the fees imposed pursuant to the Prior Ordinances and the fees in effect from and after the effective date as set forth in the first sentence of Section 9 hereof shall be the fees set forth in Appendix "B" hereto; provided, however, the fees imposed from and after the effective date of this Ordinance as set forth in the first sentence of Section 9 hereof shall not be levied and collected so long as the fees imposed pursuant to Resolution No. 2008-44, or a successor resolution or successor Ordinance, shall be imposed. Section 8. Fees Paid or Credited Fees paid or credited pursuant to this Ordinance shall be applied in accordance with this Ordinance. Fees recovered from WRCOG shall be applied to facilities of the CPFFP. No provision of this Ordinance shall be interpreted to change any fee or condition imposed in connection with any tentative subdivision map approval, final map approval or other approval by the City Council previously received. The amount of fees required to obtain a certificate to continue with a project, the amount of fees paid and the amount of fees utilized to determine the fair share contribution of a project shall be those imposed at the time of a project's approval. Section 9. Effective Date of the Ordinance This Ordinance shall become effective 60 days after its second reading. It is the City Council's intent that the amendment and restatement of the Prior Ordinances have a retroactive effect such that it reflects the City's understanding as to its ability to continue the CPFFP in coordination with the Western Riverside County Transportation Uniform Mitigation Fee Program, and that since the efforts made by the respective staffs of the City and WRCOG to coordinate the administration of the CPFFP and the TUMF Programs have apparently failed and for the reasons stated in the recitals hereof, any participation in the Western Riverside County Transportation Uniform Mitigation Fee Program other than as understood by the City shall be deemed null and void, ab initio, from and after March 4, 2003, or such later date as may be legally permissible and which date shall be the earliest possible and not otherwise invalidate this Ordinance. Section 10. Coordination with Resolution No. 2008-44 As provided in Section 7 above, the fees imposed from and after the effective date of this Ordinance as set forth in the first sentence of Section 9 hereof shall not be levied and collected so long as the fees imposed pursuant to Resolution No. 2008-44, or a successor resolution or successor Ordinance shall be imposed. Section 11. Repeal of Resolution No. 2008-35 Subject to this Ordinance having a retroactive effective date prior to the adoption of Resolution No. 2008-35, Resolution No. 2008-35 is hereby repealed. 10 Section 12. Severability If any paragraph, section, sentence, clause or phrase contained in this Ordinance shall be found by a final judgment of a court having jurisdiction to be illegal, null and void, or against public policy, for any reason, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Ordinance shall not be affected thereby. If any provision of this Ordinance, or the application thereof to any person, party, transaction or circumstance is held invalid, the remainder of this Ordinance, or the application of such provision to other persons, parties, transactions or circumstances, shall not be affected thereby. It is the intention of the City Council that if any provision of this Ordinance is capable of two constructions, one of which render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. Section 13. Judicial Review In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within 90 days of the date of adoption of this Ordinance. Section 14. Publication This Ordinance shall be published once within fifteen (15) days after its adoption in "The Record Gazette," a newspaper of general circulation in the City of Beaumont, and shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption. MOVED AND PASSED upon first reading this 16th day of December, 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: 11 , 2009, upon second reading by the MOVED, PASSED AND ADOPTED this day of following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Clerk 12 Mayor of the City of Beaumont CER'1'1r'ICATION The foregoing is certified to be a true copy of Ordinance No. duly introduced at a regular meeting of the City Council held on , 2008, and was duly adopted upon a second reading on 2009, by the roll call votes indicated therein. Deputy City Clerk, City of Beaumont 13 EDIT "A" MAP OF TRANSPORTATION FACILITIES CONSTRUCTED OR UNDER CONSTRUCTION A-1 ',E'�r�:x5: t;:�, EXHIBIT "B" CITY OF BEAUMONT BEAUMONT ROAD AND BRIDGE FEE FACILITY NIITIGATION FEE STUDY C-1 City of Beaumont Beaumont Road and Bridge Fee Facility Mitigation Fee Study Prepared for: Beaumont City Council Brian DeForge, Mayor Marty Killough, Mayor Pro Tem Roger Berg, Council Member Larry Dressel, Council Member Jeff Fox, Council Member Prepared by: Public Works Department Community and Economic Development Department November 18, 2008 I. Introduction and Purpose of the Study The purpose of this study is to estimate and apportion the total cost to design and construct certain transportation facilitiesg po which are needed to support the logical and orderly development of the City of Beaumont in accordance with the General Plan. The studywill will be used to amend the transportation facility fee known as the Beaumont Road and Bridge Fee (BRB) to fund the design, construction and upgrade of certain transportation facilities s necessary to serve future development in the City. The report provides an estimate of costs for those facilities along with a calculation of transportation facility fees to be levied on a "fair share" basis in accordance with Government Code Section 6600, et. seq., based upon measurable q � p as rable units of expected future land uses which are expected to impact transportation facilities in p Beaumont. Currently, there are thousands of acres of vacant land within the Cityand its Sphere of p Influence which are planned for future development. As new development occurs inCity the City and surrounding region, existing transportation facilities will be impacted p by new residents s dents and businesses, increasing their use and requiring them to be upgraded to accommodate ate the increased use. Additionally, new roads and related transportation facilities will needed to accommodate expected use by new development. Certain facilities or componentrtions thereof � may y be constructed by the City using the transportation fees, pursuant to the City of Beaumont's Comprehensive Public Facilities Financing Program which relies uponpublic financing ... .. l� districts to construct facilities or directly by developers to mitigate impacts of specific development p p projects pursuant to conditions of approval for those projects and the General Plan. It is appropriate therefore to periodically amend the transportation facility fee to reasonably apportion portion the cost of transportation facilities included in this study on a fair share basis among future developments and to facilitate the issuance of fee credits and reimbursements when those facilities are otherwise constructed or funded directly by developers or through the g City Program. The facilities to funded by the transportation facility fee, the CityPro am developers g�` or a opens are listed below and are depicted on the BRB Facility Master Plan included this study. y The facilities depicted on the BRB Facility Master Plan are identified in the PreliminaryEngineer's Engineer s Cost Estimate, or as may be otherwise approved by the City Council to fundual facilities eq having an equivalent benefit. Facilities to be funded by the transportation facilitylisted fee are listed below together with their estimated cost. Transportation Facility Estimated Cost SR 60/Potrero Boulevard Interchange $ 37,156,800 I-10/Oak Valley Parkway Interchange $ 27,956,580 I-10/SR 79 Interchange $ 63,286,500 I-10/Highland Springs Avenue Interchange $ 31,786,500 I-10/Pennsylvania Avenue Interchange $ 44,988,300 QO Potrero Boulevard $ 30,759 250 Ancillary Facilities and Engineering $ 67,405 502 2 Total $303,309,432 A preliminary estimate of the cost to design, permit and construct the facilities to be funded by the transportation facility fee is provided in the Appendix of this study. The estimated y estimated costs are based upon recent unit costs for similar projects which have beenublicl bid in the p Y City using prevailing wages. Where no such recent costs were available, estimates were prepared by the City Public Works Director using RS Means unit cost data adjusted for the local J area. All costs for facilities should be adjusted for inflation on a regular basis bythe City Council in accordance with the Engineering News Record construction cost index for the Los Angeles area. The facilities included in the BRB Facility Master Plan are key transportation arteries, bridges, overpasses and interchanges which will move traffic on and around a confluence of three major highways which converge in the City of Beaumont; Interstate 10, State Route 60 and State Route 79. The proposed transportation facilities to be funded bythe fee, through g the City Program and by developers in Beaumont in accordance with the Circulation Element of the General Plan are significantly larger and more extensive than they would otherwise be required equ�red to be, but for traffic generated regionally outside the City. II. Transportation Facility Fee Calculation The purpose of this section of the study is to provide a description of the facilities to thep be funded b y transportation facility fee and an estimate of costs to design and construct those facilities. This section also provides an estimate of how much future development p will benefit from each of the facilities based on "equivalent dwelling units"or EDU's. The studyprovides esa reasonable measure of the number of new EDU's that will be developed on the undeveloped oped vacant land in the City and Sphere of Influence that will benefit from the facilities once they are constructed. Each facility to be funded and constructed for the benefit of undeveloped land is depicted respectively espectively in the BRB Facility Master Plan map included this study. The studyand fee is based upon the total estimatedY po cost of the facilities divided by the number of EDU's that will benefit from and will be responsible to pay the cost of designing and constructing the planned transportation facilities as part of the City Program. In order to establish a reasonable estimate of the number of EDU's different types of land uses will: generate, the studyestablishes the relative . e ative demands of residential, commercial and industrial land uses on the future transportation facilities. The average demand placed aced on the transportation facilities by a single dwelling unit with an average population of 3.2ersons per unit is used as the baseline of measurement forP other land uses. In the case of transportation facilities it is assumed, based upon generally accepted trafficeneration data utilized g by the City as part of the City Program which established that a single dwellingunitgenerates 9.5 Average Daily Taps per Day (ADT) and the average industrial and commercial useenerates g 163.02 ADT per acre of development. Therefore each acre of industrial or commercial development will generate an average of 17.16 EDU's of demand for transportation facilities(163.02/9.5).p 3 The study makes an adjustment in the EDU factor for industrial and commercial uses and for age -restricted dwelling units. The study assumes that 70% of the tripsenerated bycommercial g and industrial development will be generated from existing and future residential development in the City of Beaumont and by shoppers and employees originating outside the City. This is a reasonable assumption considering the central location of the City of Beaumont and the regional nature of a significant portion of commercial and industrial land uses designated for future development in the General Plan. A listing of the EDU factors used in this study provided is below. Land Use Residential Dwelling Unit Industrial/ Commercial Acre Transport EDU's 1.00 17.61 In order to estimate the number of new EDU's to be developed in the future, the study uses a listing of the number of EDU's in major projects and an estimate of residential, industrial and commercial EDU's which may develop on remaining undevelopedparcels within theCity City and the City's Sphere of Influence. The list of projects and areas undeveloped alongwith p the estimated number of EDU's each project and area will generate is shown on the table entitled EDU Summary in the Appendix of this study. Where a specificJ ro'ect could not be identified ed for undeveloped land, an estimate of acreage and EDU's was made bygeneric land uses reasonably expected to be developed in each area based on past development patterns in the City and the current General Plan land use designation. A. Transportation Facilities Transportation facilities to be funded by the proposed transportation facilityfee include the construction of a new freeway interchange, the widening and upgrade of four interchanges and the realignment, extension and/or rehabilitation of certain ancillaryroad improvements that provide primary access to Interstate 10, State Route 60 and State Route 79 including segments of Oak Valley Parkway, Highland Springs Avenue, Potrero Boulevard and Pennsylvania Avenue. enue. Additionally, the proposed fee will fund construction of needed bridges and overpasses rp with upgraded arterial highway crossings of the Union Pacific Railroad main line track, San Timoteo Creek, Noble Creek and Cooper's Creek. For the purposes of this study, the total number of EDU's to be developed is estimated to be 23,388 EDU's. The total cost of trapfacilitiesp sportation funded by the fee and fair share contribution generated by the City Program is estimated to be $ 245.8 Million. Approximately $57 Million in estimated ultimate facilitypp Y costs will be generated by the City Program, direct developer construction, grants and other sources of funds. B. Transportation Facility Fee Calculation The proposed transportation facility fee is calculated by dividingthe cost of the planned p need facilities by the number of EDU's which will benefit from or use the facility.For purposed of calculating the proposed facility fee, the total number of EDU's remainingbe built to ualt to the City was adjusted by subtracting the number of EDU's for which buildingpermits have been Issued, and those related to commercial and industrial development in the City. The fair share cost is calculated by dividing number of transportation EDU's each generic land use will . ,issued generate into the total number of future EDU's for which building permits will be in the t e City. The proposed transportation facility fee for commercial and industrial land uses as reflected in the fee per EDU assumes 70% of the trips generated are included in the residential trips or land uses outside thegenerated by City. industrial land EDU assumptions for schools which may be developed in place of residential, commercial or Ip uses are listed in the Fee Schedule below. All non- residential EDU's may be determined by using the generic EDU factor of 17.16' EDU s per acre or by a site and project specific calculation of EDU's made at the time of development as approved by the Planning Director. The total number of estimated EDU's, the Fair Share Cost of facilities and the proposed facility fee for each generic land use are summarized on the Fee Schedule below. The transportation facility fee will be levied by the Building Departmentprior to the issuance buildingpermits for all of new development or expansion of existing development. All expansions of industrial and commercial development less than or equal to 1, 000 square feet will be exempt from the transportation facility fee. FEE SCHEDULE Land Use EDU's Fair Share Cost Fee per EDU* Residential 21,041 $221,088,568 � $10,507.51 Commercial and Industrial 7,825 $ 24,666,259 s $ 31 52.25 *Equivalent Dwelling' Unit Factors Residential Dwelling Unit Industrial 0r Commercial Acre Elementary School Middle School High School Open Space and Agriculture Transportation EDU 1.00 17.16 86.70 159.50 429.60 0.00 5 APPENDIX Preliminary Engineer's Cost Estimate EDU Summary and Facility Fee Summary 6 City of Beaumont Beaumont Road and Bridge Mitigation Fee Benefit Area EDU Estimate Residential Areas CFD IA No. Project Res. EDU Com/Ind EDU Total Centerstone 1 Tentative Tract 350 0 350 Heartland 5 Tentative Tract 995 206 1,201 Second Street Marketplace 6B General Plan 0 1,201 1,201 Four Seasons 7 B-E Tentative Tract 1,262 0 1,262 Sundance 8 Tentative Tract 2,800 309 3,109 Tournament Hills 17 B -D Tentative Tract fi02 0 602 Fairway Canyon 19 C -G Tentative Tract 2,471 446 2,917 Aspen Creek 20 Aspen Creek 80 0 80 Hidden Canyon 21 Tentative Tract 411 0 411 Mo Bezhad 22 Tentative Tract 95 0 95 Manors Construction 24 Plot Plan 144 0 144 Noble Creek Vistas Specific Plan 800 343 1,143 Mountain Bridge General Plan 2,000 1,544 3,544 Southeast Beaumont General Plan 2,250 515 2,765 Potrero Creek Estates Specific Pian 700 0 1,249 Legacy Highlands Specific Plan 3,160 2,746 5,906 Jack Rabbit Trail General Pian 1,200 0 1,200 Brookside Corridor General Plan 950 0 950 Sunny Cal Specific Plan 571 0 571 Infill Projects General Pian 200 515 715 Total 21,041 7,825 28,866 City of Beaumont Beaumont Road and Bridge Mitigation Fee Preliminary Engineer's Cost Estimate Facility/Description Units Unit Cost Estimated Cost Potrero Boulevard Land Aquisition/AC 11 $261,360.003 $ ,o4x,ao4 Move-in/EA 1 $50,000.00 Clearing and Grubbing/AC $50,000 35 $3,500.00 $122,500 Utility Relocation/EA 1 $500,000.00 $500,000 Excavation and Compaction/CY 400,000 $7.002 $ ,8aa,00x Water Supply/EA 1 $60,000.00 Erosion Control/AC $60,000 35 $25,000.00 $875,000 Retaining Walls/SF 5,000 $100.00 UPRR Bridges/SF $500,000 22,000 $200.00 $4,400,000 San Timoteo Creek Bridges/SF 44,000 $200.00 $8,800,000 Cooper's Creek Bridge/SF 15,200 $200.00 $3,040,000 Paving, 6"-7" AC/9.6"-10.8" C2AB 550,000 $4.75 $2,612,500 Traffic Signals/EA 3 $295, 000.00 Drainage Allowance/EA $885,000 1 $1,750,000.00 $1,750,000 Sidewalks/SF 60,000 $15.00 Fencing/LF $900,000 11,500 $30.00 $345,000 Lighting/EA 12 $7,500.00 $90,000 Barriers and Guardrails/LF 800 $30.00 $24,000 Signs/EA 15 $350.00 $5,250 Subtotal Potrero Boulevard Interchange $30,759,250 Land Aquisition/AC 30 $261,360.007 $ ,840,800 Move-in/EA 1 $50,000.00 Clearing and Grubbing/AC $50,000 g 57 $3,500.00 $199,500 Utility Relocation/EA 1 $1,250,000.00 1 Excavation and Compaction/CY $'250'040 � 600,000 $7.00 $4,200,000 Water Supply/EA 1 $60,000.04 Erosion Control/AC $60,000 38 $25,000.00 $950,000 Retaining Walls/SF 5,300 Bridge $100.00 $530,000 SR 60 Widening at Coope's Creek/SF 1,100 $200.00 SR 60 Bridge at Potrero Overpass/SF $220,000 „„ � 40,000 $200.00 $8,000,000 Paving, 6 -7 AC/9.6 -10.8 C2AB 1,500,000 $4.75 7 Traffic Signals/EA $ 1 25,000 3 $295,000.00 $885,000 Sign Allowance/EA 1 $700,000.00 $700'000Traffc Control and Operation Systems/EA 1 $1,450,400.00 $1,450,000 Drainage Allowance/EA 1 $2,500,000.00 Sidewalks/SF $2,500,000 33,500 $15.00 $502,500 Fencing/LF 11,500 $30.00 Lighting/EA $345,000 12 $7,500.00 $90,000 Barriers and Guardrails/LF 5,300 $30.04 $159,000 Service Road/EA 1 $100,000.00 $100,000 Subtotal $37,156,800 Oak Valley Parkway Interchange Land Aquisition/AC Move-in/EA Clearing and Grubbing/AC Utility Relocation/EA Excavation and Compaction/CY Water Supply/EA Erosion Control/AC Retaining Walls/SF Oak Valley Parkway Bridge Demolition Oak Valley Parkway Bridge Paving, 6"-7" C/9.6"-10.8" C2AB Traffic Signals/EA Sign Allowance/EA Traffic Control and Operation Systems/EA Drainage Al lowa nce/EA Sidewalks/SF Fencing/LF Lighting/EA Barriers and Guardrails/LF Service Road/EA 3 $261,360.00 $784,080 1 $50,000.00 $50,000 20 $3,500.00 $70,000 1 $950,000.00 $950,000 450,000 $7.00 $3,150,000 1 $60,000,00 $60,000 20 $25,000.00 $500,000 5,000 $100.00 $500,000 12,000 $150.00 $1,800,000 33,000 $200.00 $6,600,000 1,500,000 $4.75 $7,125,000 2 $295,000.00 $590,000 1 $700,000.00 $700,000 1 $1,450,000.00 $1,450,000 1 $2,500,000.00 $2,500,000 33,500 $15.00 $502,500 10,000 $30.00 $300,000 10 $7,500.00 $75,000 4,000 $30.00 $120,000 1 $100,000.00 $100,000 Subtotal $27,926,580 Pennsylvania Avenue Interchange Land Aquisition/AC 30 $261,360.00 $7,840,800 Move-in/EA 1 $50,000.00 $50,000 Clearing and Grubbing/AC 30 $3,500.00 $105,000 Utility Relocation/EA 1 $3,500,000.00 $3,500,000 Excavation and Compaction/CY 500,000 $14.00 $7,000,000 Water Supply/EA 1 $60,000.00 $60,000 Erosion Control/AC 20 $25,000.00 $500,000 Retaining Walls/SF 15,000 $100.00 $1,500,000 1-10 Overpass 40,000 $200.00 $8,000,000 Paving, 6"-7" C/9.6"-10.8" C2AB 2,000,000 $4.75 $9,500,000 Traffic Signals/EA 4 $295,000.00 $1,180,000 Sign Allowance/EA 1 $700,000.00 $700,000 Traffic Control and Operation SystemslEA 1 $1,450,000.00 $1,450,000 Drainage Allowance/EA 1 $2,500,000.00 $2,500,000 Sidewalks/SF 33,500 $15.00 $502,500 Fencing/LF 12,000 $30.00 $360,000 Lighting/EA 12 $7,500.00 $90,000 Barriers and Guardrails/LF 5,000 $30.00 $150,000 Service Road/EA 1 $100,000.00 $100,000 Subtotal $44,988,300 State Route 79 Interchange Land Aquisition/AC 20 $1,306,800.00 $26,136,000 Move-in/EA 1 $50,000.00 $50,000 Clearing and Grubbing/AC 20 $3,500.00 Utility $70,000 U ty Relocation/EA 10 $3,500,000.00 $35,000,000 Excavation and Compaction/CY 400,000 $7.00 $2,800,000 Water Supply/EA Erosion Control/AC Retaining Walls/SF 1-10 Overpass Widening UPRR Overpass Widening Paving, 6"-7" C/9.6"-10.8" C2AB Traffic Signals/EA Sign Allowance/EA Traffic Control and Operation Systems/EA Drainage Allowance/EA Sidewalks/SF Fencing/LF Lighting/EA Barriers and Guardrails/LF Service Road/EA Subtotal 1 $60,000.00 $60,000 20 $25,000.00 $500,000 5,000 $100.00 $500,000 11,000 $550.00 $6,050,000 8,000 $550.00 $4,400,000 1,500,000 $4.75 $7,125,000 3 $295,000.00 $885,000 1 $700,000.00 $700,000 1 $1,450,000.00 $1,450,000 1 $2,500,000.00 $2,500,000 33,500 $15.00 $502,500 11,500 $30.00 $345,000 12 $7,500.00 $90,000 5,300 $30.00 $159,000 1 $100,000.00 $100,000 $63,286,500 Highland Springs Avenue Interchange Land Aquisition/AC Move-in/EA 10 $1,306,800.00 $13,068,000 1 $50,000.00 $50,000 Clearing and Grubbing/AC 20 Utility Relocation/EA $3,500.00 $70,000 1 $3,500,000.00 $3,500,000 Excavation and Compaction/CY 400,000 Water Supply/EA $7.00 $2,800,000 1 $60,000.00 $60,004 Erosion Control/AC 20 Retaining Walls/SF $25,000.00 $500,000 5,000 $100.00 $500,000 1-10 Underpass Widening 11,000 UPRR Underpass$550.00 $6,050,000 Widening 8,000 Paving, 6"-7" Cf9.6"-10.8" C2AB$550.00 $4,400,000 1,500,000 $4.75 $7,125,000 Traffic Signals/EA 3 Sign Allowance/EA $295,000.00 $885,000 1 $700,000.00 $700,000 Traffic Control and Operation Systems/EA 1$1,450,000.00 Drama a Allowance/EA $1,454,000 Drainage 1 $2,500,000.00 Sidewalks/SF $2 ,500,004 33,500 $15.00 $542,500 Fencing/LF 11,500 $30.00 $345,000 Lighting/EA 127 $ ,500.00 $90,000 Barriers and Guardrails/LF 5,300 Service Road/EA $30.00 $159,000 1 $100,000.00 $100,000 Subtotal $31,786,500 Subtotal Construction Utilities, Fees and Permits $235,903,930 Plan Check and Inspection Fees Caltrans/SCE Encroachment Permits $11,795,197 Wetlands 404-1603/NPDES $1,500,040 $750,000 Subtotal $14,045,197 Planning, Environmental & Project Management Civil & Geotechnical Engineering $8,256,638 Construction Management $17,692,795 $10,615,677 Project Subtotal Ancillary Facilities 5% Construction Contingency Project Total $286,514,236 $5,000,000 $11,795,197 $303,309,432 City of Beaumont Beaumont Road and Bridge Mitigation Fee g Facility Fee Summary Fee Component Residential Industrial and Commercial Equivalent Dwelling Unit Factors Single-family Dwelling Unit Commercial/Industrial Acre EDU/AC Open Space/Agriculture Transportation System Facilities Financed by the Fair Share Contribution and Fee EDU's 21,041 7,825 Transportation EDU 1.00 17.16 0.00 EDU's 28,866 23,388 Fair Share Cost $221,088,568 $24,666,259 Sewer EDU 1.00 10.00 0.00 cot $303,309,432 $245,754,827 Fee per EDU $10,507.51 $3,152.25 1/5/09 ORDINANCE NO. 946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 5.52 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "PRIVATE PATROL OPERATORS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Chapter 5.52, entitled "Private Patrol Operators", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 3rd day of February, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, and Gall NOES: None ABSTAIN: None ABSENT: Council member DeForge MOVED, PASSED AND ADOPTED upon second reading this 17th day of February, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None ATT T: Deputy City Cl CITY OF BEAUMON ► -�----� By e Fox, i yor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 946 duly adopted at a regular meeting of the City Council of the City of Beaumont held on February 3, 2009, and was duly adopted upon a second reading on February 17, 2009, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMON 2 CHAPTER 5.52 PRIVATE PATROL OPERATORS Sections Section 5.52.010 Definitions Section 5.52.020 Mandatory Registration Section 5.52.030 Permitted Uniforms, Badges and Vehicle Markings Section 5.52.040 Violations; Enforcement Section 5.52.050 Business License Required Section 5.52.010 Definitions 1/6/09 A. "Private Patrol Operator", or operator of a private patrol service, is a person who agrees to furnish, or furnishes, a watchman, guard, patrolperson or other person to protect persons or property, or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind; or performs the service of a watchman, guard, patrolperson, or other person, for any of these purposes. B. "Security Guard" or "Security Officer" is an employee of a private patrol operator, or an employee of a lawful business who performs the functions as described in Subdivision A above, on or about the premises owned or controlled by the customer of the private patrol operator or by the guard's employer or in the company of persons being protected. C. "Street Patrolperson" is a security guard or security officer employed by a private patrol operator who performs the functions described in Subdivision A above, by street patrol service utilizing foot patrol, motor patrol, or other means of transportation in public areas, streets or public thoroughfares in order to serve multiple customers. Section 5.52.020 Mandatory Registration Every private patrol operator or operator of a private patrol service within the City shall register with the City Police Department. Such registration shall include full information as to the identity of the private patrol operator and the identity of each security guard, security officer and/or street patrolpersons employed by such operator. The City reserves the right to refuse registration to any person of bad moral character. In addition to such registration, private patrol operators and their employees shall file a copy of their state identification card(s) with the Police Department. Section 5.52.030 Permitted Uniforms, Badges and Vehicle Markings A. Uniform. Private patrol operators and employees thereof shall restrict the colors and markings of their uniforms to be distinctly different from those of City Police or Fire Personnel, Riverside County Sheriff Department and Fire personnel, and California Highway Patrol personnel. Thus, for example, dark blue, black, or tan and green are not permitted colors and markings. The use of the word "Police" on any uniform item, by any private patrol operator is prohibited. B. Badges and Patches. Badges or cap pieces and shoulder patches wom or displayed by private patrol operators and their employees shall not resemble that of Police or Fire personnel in any manner including, without limitation, shields, whether oval or eagle, and stars. Shoulder patches, cap pieces, and badges shall include the word "Private" in distinctive white lettering on a contrasting background. The use of the word "Police" on any badge or patch is prohibited. C. Vehicles. All automobiles operated by private patrol operators and their employees shall not resemble that of a City Police vehicle as specified in the California Vehicle Code. Color schemes shall not include black and white variations. Private vehicles shall clearly display the word "PRIVATE" in not less than 4 -inch tall capital letters on all sides of each vehicle. Nor shall such vehicles be equipped with any after -market lighting device other than rear flashing amber lights; strobe lights and wig -wags are not permitted although spotlights may be used. The use of the word "Police" on any vehicle is prohibited. Section 5.52.040 Violations; Enforcement A. Infraction. Any person engaging in business as a private patrol operator who is not licensed by the State of California is guilty of an infraction and is punishable by a fine of $1,000.00. No portion of the fine may be suspended by Court unless as a condition of that suspension the defendant is required to submit proof of a current valid license for the profession of private patrol operator which was the basis for his or her conviction. B. Administrative Action. In the event any provision of this Chapter is violated, the Chief of Police may file a complaint with the Director of Consumer Affairs of the State of California for the purpose of seeking a suspension or revocation of the private patrol operator's license. Section 5.52.050 Business License Required In addition to the license required by the State of California, every private patrol operator shall annually obtain a business license from the City. 2 ORDINANCE NO. 947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.17.250.A OF THE BEAUMONT MUNICIPAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 1.17.250.A of Chapter 1.17 of the Beaumont Municipal Code, entitled "Appeal of Administrative Citation", is hereby amended in its entirety to read as follows: "Section 1.17.250 Appeal of Administrative Citation. A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City within ten (10) calendar days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for advance deposit hardship waiver has been filed pursuant to subsection "E" of this Section." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 2009, by the following roll call vote: lst day of Sept -ember AYES: M .yor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 6th day of October second reading by the following roll call vote: AYES: Mayor Fox, Council -Member. Berg:. .DgFOrge3 Jand:3Gal NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Dressel , 2009, upon 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 947 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 9/1/09 2009, and was duly adopted upon a second reading on 10/6 , 2009, by the roll call votes indicated therein. 2 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4395 Notice Beaumont City Council Ordinance No. 250 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/16 all in the year 2009 I certify (or declare) under penalty of per- jury ..,t the foregoing is true and correct. A signature Date 10/16/09 at Riverside, California. This space for County Clerk's Filing Stamp Legal Advertisement NOTICE IS HEREBY GIV- EN, that the Beaumont City Council conducted a public hearing on Tuesday, September 1, '009 at ap- proximately 6.0 p.m. in Room 5 at the Beaumont Civic Granter, 550 E. Sixth Street:. je'µumont, Califor- nia 92223 to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordinance No. 947 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.17.250.A OF THE BEAUMONT MUNIC- IPAL CODE REGAADING "APPEAL OF ADMINIS- TRATIVE CITATION: "Section 1.17.250 Appeal of Administrative Citation. A. Any recipient of an admin- istrative citation may con- test the citation by com- pleting a request for hear- ing form and returning it to the City within ten (10) cal- endar days from the date of the administrative cita- tion, together with an ad- vance deposit of the fine or notice that a request for advance deposit hardship waiver has been filed pur- suant to subsection "E" of this Section." ORDINANCE NO. 947 WAS ADOPTED AT ITS SECOND READING ON OCTOBER 6, 2009 BY THE FOLLOWING VOTE: AYES: MAYOR FOX, COUNCIL MEMBER BERG, DEFORGE, AND GALL NOES: NONE ABSTAIN: NONE ABSENT: COUNCIL MEMBER DRESSEL Shelby Hanvey Deputy City Clerk Date: October 7, 2009 Publish the Record Gazette No. 4395 10/16, 2009 ORDINANCE NO. 948 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING ORDINANCE NO. 944, AN UN -CODIFIED ORDINANCE ADOPTING THE "DOWNTOWN SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: Section 1: Ordinance No. 944, entitled "Adopting a Zone Change to Rezone Approximately 340 Acres of Land from Commercial General (CG), Community Commercial (CC), Residential Single Family (RSF), Residential Multi Family (RMF), Overlay (0) and Public Facilities (PF) to SP -A (Specific Plan Area) (Zone Change No. 08-RZ-02) Downtown Specific Plan" is hereby repealed in its entirety. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 17th day of February, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 3rd day of March, 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMO 4 T 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 948 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 17, 2009, and was duly adopted upon a second reading on March 3, 2009, by the roll call votes indicated therein. CITY OF BEAUMO By (SEAL) Deputy City Cler 2 ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 15.44 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "BUILDING OCCUPANCY PLACARDS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1; Chapter 15.44, entitled "Building Occupancy Placards", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of April, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg, and Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of May, 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg and Gall. NOES: None ABSTAIN: None ABSENT: None By 1 Sections: Section 15.44.010 Section 15.44.020 Section 15.44.030 Section 15.44.040 EXHIBIT "A" CHAPTER 15.44 BUILDING OCCUPANCY PLACARDS Purpose and Intent Applicability Authorized Placards Unauthorized Tampering with Placard—Penalty Section 15.44.010 Purpose and Intent It is the purpose and intent of this Chapter to authorize standardized placards to be used by the City Building Official and his or her authorized representatives to provide public notice and warning of the potential for unsafe buildings and structures following a natural or man-made event, such as fire or earthquake. Section 15.44.020 Applicability The provisions of this Chapter are applicable to all public and private residential, commercial and industrial buildings and structures within the City of Beaumont. Section 15.44.030 Authorized Placards A. The following placards are hereby authorized, by title and content: 1. Placard Title: "INSPECTED -LAWFUL OCCUPANCY PERMITTED": this placard shall inform the reader that the structure's exterior, or exterior and interior, has been inspected and that no apparent structural hazard was found. The reader shall also be informed and he/she is to report any unsafe condition that is subsequently discovered. 2. Placard Title: "RESTRICTED USE": this placard shall inform the reader that the structure has been inspected and shall identify generally the structural defects found after inspection. The reader shall also be informed of any restrictions regarding entry into the structure, and/or its occupancy and lawful use. 3. Placard Title: "UNSAFE -DO NO ENTER OR OCCUPY": this placard shall inform the reader that the placard is not intended to be a demolition order, that the structure has been inspected and found to be unsafe to occupy, and shall contain an order not to enter the structure as entry may result in serious injury or death. 1 B. All placards shall contain the following standard provisions: 1. The name, address and telephone number of the department of the City posting the placard; 2. The address of the structure; 3. The date and time the structure was inspected; 4. A list of the unsafe conditions, if applicable; 5. The following warning, to be printed at the bottom of each placard: "It is a violation of law to remove, alter or cover this placard without the prior written consent of the City of Beaumont Building Official." C. All placards shall have a minimum size of 8 1/2" x 11", and the title of each placard shall be printed in letters that are not less than 1/2" tall. Section 15.44.040 Unauthorized Tampering with Placard --Penalty A. Any person who removes, alters or covers a placard without the prior written consent of the City of Beaumont Building Official may be issued a citation; provided, however, that the remedies prescribed in this Section are intended to be in addition to any other procedures or penalties prescribed by law. B. Any person removing, altering or covering a placard without the prior written consent of the City of Beaumont Building Official shall be guilty of an infraction, pursuant to the provisions of Government Code Section 36900 and the penalties provided therein, and upon conviction thereof, shall be punishable by a fine in the amount of $100.00 for the first conviction, $500.00 for the second conviction within one year, and $1,000.00 for the third and each additional conviction within one year. 2 THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 949 Bldg Occupancy pl I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THF PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25,1952, Case Number 51'116, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 05-09-09 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: May. 9, 2009 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9828631 PO #: Agency #: Ad Copy: NOTICELegal A Advertisement ISHEREBY GIVEN, that the Beau- mont City Council will con- ducted a public hearing on Tuesday April 21, 2009, with a second reading held on May 5, 2009 at approxi- mately 6:00 p.m. in Room 5 at the Beaumont Civic Cen- ter, 550 E. Sixth Street Beaumont California 92223 to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing matter(s): Ordinance No. 949 - An or- dinance of the City Council of the City of Beaumont Adopting Building Occu- pancy Placards. The City Council deter- mined that that the en- forcement of the Beau- mont Municipal code throughout the City is an important public service and is vital to the protec- tion of the public's health, safety and quality of rife. It is the intent and purpose of this Ordinance to adopt ocally the uniform placard system already in place throughout the state. Plac- ards have been widely used in past earthquakes to denote the condition of building and structures, as well as identify unsafe or substandard st�ures for public safety. Placards are placed on a building to protect owner, tenant and the general public Date: May 6, 2009 Published: One Time only no later than May 20, 2009 SSS Shelby City Clerk anvey, Deputy ORDINANCE NO. 950 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 8.32.495D OF THE BEAUMONT MUNICIPAL CODE RE: APPEALS TO THE CITY COUNCIL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 8.32.495D is hereby amended in its entirety to read as follows: "D. The City Clerk shall serve the written resolution representing the decision of the City Council on the appeal on all interested parties in the same manner as set forth in Sections 8.32.310 through 8.32.330. The written resolution served shall contain a notice that judicial review, if desired, must be sought within 30 days after the date of posting on the subject premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise, all objections shall be deemed to have been waived." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of April, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg, and Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5thslay of May, 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg and Gall. NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cler 1 ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY BEAUMONT, CALIFORNIA, ADDING CHAPTER 5.62 TO TITLE 5 OF THE CITY OF BEAUMONT MUNICIPAL CODE TO PROHIIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF BEAUMONT WHEREAS, the people of the State of California have enacted Proposition 215, the Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5, et seq.,) ("the Act") to allow the medical use of marijuana for certain persons; and WHEREAS, the Act does not require or provide for the opening of businesses commonly known as Medical Marijuana Dispensaries; and `WHEREAS, notwithstanding passage of the Act, the distribution and use of marijuana is prohibited by the Controlled Substances Act, 21 U.S.C. Section 841; and WHEREAS, the United States Supreme Court, in Gonzales v. Raich, confirmed that the Controlled Substances Act does not contain a "compassionate use" exemption, and therefore, it is a violation of Federal Law to possess or distribute marijuana even if for medical purposes; and WHEREAS, under neither State nor Federal Law is the licensing and operation of a medical marijuana dispensary authorized. NOW, THEREFORE, the City Council of the City of Beaumont, California, does hereby ordain as follows: SECTION 1. The City Council of the City of Beaumont hereby finds and determines that it is the purpose and intent of this Ordinance to prohibit Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. SECTION 2. Chapter 5.62 is hereby added to Title 5 of the Beaumont Municipal Code to read as per Exhibit A. SECTION 3. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Beaumont hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in a newspaper of general circulation, published and circulated in the City of Beaumont, California. This Ordinance of the City of Beaumont shall be effective thirty (30) days after the date of its passage. MOVED AND PASSED upon first reading this 21st day of April, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg, and Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5thslay of May, 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Dressel, Berg and Gall. NOES: None ABSTAIN: None ABSENT: None ATTE T: CITY OF BEAUMO JEFF FPX, ayor Deputy City Clerk 2 "Exhibit A" "CHAPTER 5.62 MEDICAL, MARIJUANA DISPENSARIES Sections: 5.62.010 Medical Marijuana Dispensaries Defined 5.62.020 Prohibited 5.62.030 Statement of Policy Section 5.62.010 Medical Marijuana Dispensaries Defined A. As used in this chapter, "medical marijuana dispensary", as set forth in the Compassionate Use Act, or "dispensary" means any facility or location where medical marijuana is publicly made available to and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq.. B. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 and 113 62.775 et seq.. Section 5.62.020 Prohibited Medical marijuana dispensaries are prohibited in all City zones, and no permit shall be issued therefor. Section 5.62.030 Statement of Policy In accordance with Government Code Section 37100, it shall be the policy of the City that the City shall not approve business licenses, permits or other business or land use entitlements for enterprises or purposes that are contrary to Federal, State or local laws or ordinances." 3 THE PRESS - ENTERPRISE CLASSIFIED ADVERTISING Printed by: Tinadero, Marla at: 10:27 am on: Thursday, May 07, 2009 Account information Phone #�, (951) 769-8520 Nam: BEAUMONT, CITY OF / LEGAL Addr ss:3 550 E SIXTH ST BEAUMONT CA 92223 Amt #: 112154 )tent:, Placed by:: Shelby Hanvey Fax #: (951) 769-8526 Ad lnformatl+on Classification: Legals Publications: Press -Enterprise Start date:. 05-09-09 Stop date: 05-09-09 Insertions 1 Rate code: LE -City Ad type.' Ad Liner Taken by: Tinajero, Maria Size: 1x79.380 ill size: 80.00x 5.14 agate lines Amount due: $88.01 Ad #: 9e2e634 Ad Copy: LEGAL ADVERSTISEMENT NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tues- day, April 21, 2009 with a second reading on May 5, 2009 at approximately 6:00 p.m. In the Room 5 at the Beaumont Clvk Center, 550 E. 6th Street, Beau- mont, California 92223, to receive testimony and comments from ail inter- ested persons regarding the adoption of the follow - ng matter(s):Ordinance No. 951 An Or- dinance of the City Council of the Cify ofpBpeau Beaumont, M...Nornialpjrbii g �he�P- Chap- ter 5.62 ' bit Es- tablishment of Medical Mortuana Dispensaries in the City of Beaumont'. The people of the State of California enacted Proposi- tion 215, the Compassion- ate Use Act of 1996 to allow the medical use of mari- juana for certain persons. The Act does not require or provide for the opening of usinesses commonly known as Medical Mari- juana arijuana Dispensaries. Not- withstanding otwithstanding this passage of this Act, the distribution and use of marijuana is prohibited by the Con- trolled Substanances Act, 21 U.S.C. Section 841. It is a violation of Federal Low toor distribute ma uana even if it is for med cal purposes. Pursu- ant to these provisions, this s been has pre- pared pared to prohibit Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the resi- dents and businesses within the City. Ordinance No. 951 was adopted at its second read- ing, bytitle only at the reg- ular city Council Meeting of May 5, 2009 as pre- sented. Vote 4!1 Date: May 7, 2009 Shelby Hanvey Deputy City Clerk Published:One time only no later than May 20, 2009 5/9 3450 Fourteenth St. Riverside, CA 92501-3878 1-800.880-0345 951-684-1200 951-368-9018 Fax i THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance No. 951 Medical Marijuana I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54116, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 05-09-09 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: May. 9, 2009 At: Riverside, California L BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9828634 PO #: Agency #: Ad Copy: LEGAL ADVERSTISEMENT NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tues- day, April 21, 2009 with a second reading on May 5, 2009 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beau- mont, California 92223, to receive testimony and comments from all inter- ested persons regarding the adoption of the follow- ing matter(s): Ordinance No. 951 An Or- dinance of the City Council of the City of Beaumont, California adopting Chap- ter 5.62 'Prohibit the Es- tablishment of Medical Marijuana Dispensaries in the Cray of Beaumont~. of Californhe ia enactof ed State ro Proposi- tion 215, the Compassion- ate Use Act of 1996 to allow he medical use of man - grana for certain persons. The Act does not require or provide for the opening of businesses commonly known as Medical Man- tuana Dispensaries. Not- withstanding otwithstandin this passage of this Act, distribution and use of marijuana is prohibited by the Con- trolled Substanances Act 21 U.S.C. Section 841. It is a violation of Federal Law to possess or distribute mon uana even if it is for medical purposes. Pursu- ant to these provisions, this Ordinance has been pre- paredMarijuanato prohibit Medical Dispensaries in order to promote the health, safety, morals, and general welfare of the resi- dents and businesses within the City. Ordinance No. 951 was adopted at its second read- ing, by title only at the reg- ular city Council Meeting of May 5, 2009 as pre- sented. Vote 4/1 Date: May 7, 2009 PubDet is eCd�nyy Cf id:OCneteritcime only no later than May 20, 200 5/'9 4/23/09 ORDINANCE NO. 952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 9.32 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "POSSESSION OF FIREARMS ON CITY PROPERTY PROHIBITED" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 9.32, entitled "Possession of Firearms on City Property Prohibited", is hereby added to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Chapter 9.32, entitled "Violation -Penalty" is hereby repealed in its entirety. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 18th day of May, 2009, by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Members DeForge, Berg, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 2nd day of June, 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None 4/27/09 EXHIBIT "A" CHAPTER 9.32 POSSESSION OF FIREARMS ON CITY PROPERTY PROHIBITED Sections: Section 9.32.010 Definitions Section 9.32.020 Applicability Section 9.32.030 Prohibition Section 9.32.040 Severability Section 9.32.050 Penalty for Violation Section 9.32.010 Definitions The following definitions shall apply to the terms used in this Chapter: A. "City Property" shall mean real property, including any buildings thereon, owned or leased by the City, and in the City's possession, or in the possession of a public or private entity under contract with the City to perform a public purpose including, but not limited to, real property owned or leased by the City, but does not include any "local public building" as defined in Penal Code, Section 171b(c), where the state regulates possession of firearms pursuant to Penal Code Section 171b. B. "Firearm" shall mean any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms or BB guns and air rifles as defined in Government Code Section 53071.5. C. "Ammunition" shall mean any ammunition as defined in Penal Code Section 12316(b)(2). Section 9.32.020 Applicability This Chapter does not apply to the following: A. A peace officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (Sections 830 et seq.); B. A guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, patrol operator, or alarm company operator, or uniformed security guard as these occupations are defined in Penal Code Section 12031(d) and who holds a valid certificate issued by the Department of Consumer Affairs under Penal Code Section 12033, while actually employed and engaged in protecting and preserving property or life within the scope of his or her employment; C. The possession of a firearm by an authorized participant in a motion picture, television, video, dance or theatrical production or event, when the participant lawfully uses the firearm as part of that production or event, provided that when such firearm is not in the actual possession of the authorized participant, it is secured to prevent unauthorized use; roads; D. A person lawfully transporting firearms or ammunition in a motor vehicle on City E. A federal criminal investigator or law enforcement officer; F. A member of the military forces of the State of California or of the United States while engaged in the performance of his or her duty. Section 9.32.030 Prohibition It is unlawful for any person to carry onto or possess on City Property a firearm, loaded or unloaded, or ammunition for a firearm. Section 932.040 Severability If any provision of this Chapter or the application thereof to any person or circumstances held in valid, such invalidity shall not affect any other provision or application of this section which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. Section 9.32.050 Penalty for Violation A. Criminal Penalty: any person violating this Chapter shall be deemed guilty of an infraction and shall be subject to the penalty prescribed in Section 1.16.030 of this Code. B. Administrative Fine: in addition to any criminal penalty, a violation of this Chapter shall be subject to an administrative fine pursuant to Section 1.16.050 of this Code. C. Confiscation: in addition to the penalties set forth above, a violator of this Chapter shall suffer the confiscation of the firearm. 2 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 3802 Notice Beaumont City Council Ordinance No. 952 - Firearms STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 06/12 all in the year 2009 I certify (or declare) under penalty of per- jury t}. he foregoing is true and correct. signature Date 06/12/09 at Riverside, California. This space for County Clerk's Filing Stamp THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: ord 952 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. 1 am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 05-13-09 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: May. 13, 2009 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9834231 PO #: Agency #: Ad Copy: LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 19, 2009 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. th Street, Beau,ont, Cali- fornia 92223, to receive testimony and comments from all interested persons regarding the adoption of the fol- lowing matters): Ordinance No. 952 An Ordinance of the City Council of the City of Beau- mont, California adding Chapter 9.32, entitled *Posses- sion of Firearms on City Property Prohibited" to the Beaumont Municipal Code; and Repealing Chapter 9.32, Entitles 'Violations -Penalty" of the Beaumont Municipal Code in its entirety. It is the purpose and intents of this ordinance to add Chapter 9.32 to the Beaumont MunicipalCode to define and establish requirements for possession of firearms on City Properly. Date: May 8, 2009 Shelby Hanvey Deputy City Clerk 5/13 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 3802 Notice Beaumont City Council Ordinance No. 952 - Firearms STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 06/12 all in the year 2009 I certify (or declare) under penalty of per- juryt the foregoing is true and correct. signature Date 06/12/09 at Riverside, California. This space for County Clerk's Filing Stamp 7/29/09 ORDINANCE NO. 953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TITLE 10 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Title 10 of the Beaumont Municipal Code, entitled "Vehicles and Traffic", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Ordinance No. 555, an ordinance regulating the use of City streets by commercial vehicles, is hereby REPEALED. Section 3: This Ordinance shall take effect as provided by law. MOVED and PASSED, upon first reading this 4th day of Augus 1 2009, by the following roll call vote: AYES: Mayar Pro Tem Dressel, Council Members Berg, DeForge and Gall NOES: None. ABSTAIN: None ABSENT: Mayor Fox MOVED, PASSED AND ADOPTED this is t day of September , 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForege, and Gall NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMO By F 1 X, lVjayor 1 10.04.010-10.08.010 Title 10 VEHICLES AND TRAFFIC Chapters: 10.04 Enactment of Traffic Regulations by Resolution 10.06 Curb Markings 10.08 Parking 10.10 Recreational Vehicle and Utility Trailer Parking and Storage 10.12 Parking Commercial Vehicles 10.16 Parking on Grades 10.20 Parking for Handicapped Persons 10.28 Off -Road Use of Motorized Vehicles 10.30 Parking of Vehicles, Vessels and Placement of Personal Property for Sale 10.32 Oversized Vehicles 10.36 Bicycles 10.38 Skateboarding and Roller -Skating 10.40 Trains Blocking Intersections 10.42 Transportation Demand Management Requirements 10.44 Temporary Street Closures 10.50 Golf Cart Transportation Plan Chapter 10.04 ENACTMENT OF TRAFFIC REGULATIONS BY RESOLUTION 10.04.010 Authority to Enact Certain Regulations by Resolution. Under the provisions of Division 11 of the State of California Vehicle Code of 1959, as amended, the designation of "through highways," "Stop intersections," "speed zones," and the designation of parking lanes, parking zones, and crosswalks, and such other regulation of the flow of traffic as may be deemed necessary shall hereafter be enacted by resolution of the City Council. (Ord. 369, § 1, 1965) BMC Title 10: 1 Chapter 10.06 CURB MARKINGS Sections: Section 10.06.010 Curb Colors Section 10.06.020 Penalty for Violation 10.06.010 Curb Colors. The following curb colors shall only be used within the City, and the colors indicate as follows: A. Red indicates no stopping, standing or parking, whether the vehicle is attended or unattended, except that bus may stop in a red zone marked or signposted as a bus loading zone. B. Yellow indicates stopping only for the purpose of loading or unloading passengers or freight. C. White indicates stopping for either of the following purposes: 1. Loading or unloading of passengers; 2. Depositing mail in an adjacent mailbox. D. Green indicates time limit parking during the hours or times specified on signs posted therefor. E. Blue indicates parking limited exclusively to the vehicles of disabled persons and disabled veterans. 10.06.020 Penalty for Violation. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.06 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 2 Sections: 10.08.010 10.08.020 10.08.030 10.08.040 10.08.050 10.08.060 10.08.070 10.08.080 10.08.090 10.08.100 Chapter 10.08 PARKING Unlawful to Park in Certain Places. Parking in Designated "No Parking at Any Time" Areas. Parking within Designated Stalls Only. Parking in Reserved Parking Spaces for Emergency/Police Vehicles on Shopping Center Properties. Prohibition Against Parking Within Yard Areas. Prohibition Against Parking on City Right -of -Way Adjacent to Pavement. Temporary No Parking. Use of Streets for Storage of Vehicles. Obstruction of Official Traffic Signs or Devices. Penalty for Violation 10.08.010 Unlawful to Park in Certain Places. A. The Chief of Police is authorized to prohibit stopping, standing, or parking and to place signs or curb markings at any of the following places when such prohibition as indicated by a traffic investigation will alleviate dangerous, hazardous traffic conditions, facilitate the full use of the roadway or serve the convenience of the public: 1. At any place within twenty-five feet (25') of the intersection of two (2) or more highways, streets and/or roads; 2. At any place within twenty five feet (25') of a railroad grade crossing; 3. Adjacent to either side of a crosswalk or driveway entrance for a distance not to exceed twenty-five feet (25') from either side of such crosswalk or driveway; 4. Within fifteen feet (15') of any fire hydrant when it has been determined unless otherwise marked. 10.08.020 Parking in Designated "No Parking at Any Time" Areas. It shall be unlawful for any person to park a vehicle in any area of City Hall property designated with signs prohibiting parking at any time in such areas. 10.08.030 Parking within Designated Stalls Only. It shall be unlawful for any person to park a vehicle on top of or across pavement markings that designate parking stalls. Parking shall only be permitted within such designated stalls on City Hall property. BMC Title 10: 3 10.08.040 Parking in Reserved Parking Spaces for Emergency/Police Vehicles on Shopping Center Properties. It shall be unlawful for any person to park a non -emergency or non -police vehicle in any parking space within commercial and retail centers, including shopping centers, that is designated by a sign or other marking as being reserved solely for parking emergency and police vehicles. 10.08.050 Prohibition Against Parking Within Yard Areas. Except as provided in Chapter 10.10, it shall be unlawful for any person to park a vehicle within front yard or side yard open space areas and landscaped areas including, without limitation, lawns and groundcover. 10.08.060 Prohibition Against Parking on City Right -of -Way Adjacent to Pavement. It shall be unlawful for any person to park a vehicle on the unpaved portion of any City -owned right-of-way adjacent to the paved portion of a public street. 10.08.070 Temporary No Parking. Whenever the Chief of Police determines that traffic congestion or traffic hazard is likely to result from the parking of vehicles in the vicinity of public or private assemblages, gatherings, or functions, or during the construction, alteration, repair, or improvement of any street, or for any reason, he may place or cause to be temporarily placed, signs temporarily prohibiting the parking of vehicles. 10.08.080 Use of Streets for Storage of Vehicles. A. No person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street or alley for more than seventy two (72) consecutive hours. B. In the event a vehicle is parked or left standing upon a street for more than seventy two (72) consecutive hours, the Police Chief or any member of the Police Department or any member of City Code Enforcement may remove such vehicle from the street in the manner and subject to the requirements specified in Vehicle Code. 10.08.090 Obstruction of Official Traffic Signs or Devices. It is unlawful for the driver, owner, or operator of any vehicle to park or leave standing any vehicle which blocks or obstructs any official traffic sign or device. 10.08.100 Penalty for Violation. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.08 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 4 Chapter 10.10 RECREATIONAL VEHICLE AND UTILITY TRAILER PARKING AND STORAGE Sections: 10.10.010 Definitions. 10.10.020 Parking Prohibition. 10.10.030 Exceptions to Parking Prohibition. 10.10.040 Storage of Recreational Vehicles and Utility Trailers. 10.10.050 Violation -Penalty. 10.10.010 Definitions. A. For the purpose of this Chapter, the term Recreational Vehicle is defined to be and to include: 1. A trailer, of any length, width or weight including, but not limited to, anyboat trailer, camp trailer, trailer coach, "fifth wheel" trailer, pickup track camper or house car, horse trailer, personal water craft, off-road and all -terrain vehicle trailers, whether attached to the tow vehicle or otherwise; 2. A motor home including, without limitation, converted tracks or buses. B. Utility Trailer is defined as a trailer of any width, length or weight and which is utilized for transporting goods, equipment, business and commercial tools and equipment, vehicles, yard waste, refuse and rubbish. C. Stored means continuously parked in the same location for more than seventy-two (72) hours. (Ord. No. 848, §1, 10-7-03) 10.10.020 Parking Prohibition. A. No person shall park any recreational vehicle in or on any public right-of- way, including a street, sidewalk or alleyway. B. No person shall park a utility trailer in any of the following locations: 1. In or on any public right-of-way, including a street, sidewalk or alleyway; or 2. In or on the front yard setback unless on an approved all weather surface. (Ord. No. 848, §1, 10-7-03) BMC Title 10: 5 10.10.030 Exceptions to Parking Prohibition. A. Motor homes, and recreational and utility trailers that are attached to a tow vehicle, may be temporarily parked on a street or alley for the purpose of loading, unloading, servicing or visiting adjacent property, for a period not to exceed seventy-two (72) hours. B. Except as provided in subparagraph C below, motor homes, and recreational and utility trailers that are not attached to a tow vehicle, may be temporarily anY parked on a street or alleyfor purpose, for a period not to exceed two (2) hours. Recreational and utility trailers that are not attached to a tow vehicle may, in the discretion of the Enforcement Officer, be towed twenty-four (24) hours after the first violation. C. Recreation and utility trailers that are not attached to a tow vehicle may be temporarily parked on a street or alley for any purpose, for a period not to exceed seventy-two (72) hours pursuant to a permit issued by the Police Department. Each such permit shall be prominently displayed on the trailer. 10.10.040 Storage of Recreational Vehicles and Utility Trailers. A. A recreational vehicle or utility trailer shall only be stored on property owned by the owner of the recreational vehicle or utility trailer or on property where the registered owner resides. B. A stored recreational vehicle or utility trailer shall bear a current vehicle registration, if required by state law. C. A recreational vehicle or utility trailer may be stored within the front yard provided that the recreational vehicle or utility trailer is stored on a slab of impervious material, such as concrete, brick, or other type of all weather surfaces. D. The storage of recreational vehicle or utility trailer, or any part thereof, in, on, or overhanging, in public right-of-way, including a street, sidewalk or alleyway, is g g, anY expressly prohibited. (Ord. No. 848, §1, 10-7-03) 10.10.050 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.10 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 6 CHAPTER 10.12 PARKING COMMERCIAL VEHICLES Sections: 10.12.010 Definition. 10.12.020 Parking Near Schools Prohibited. 10.12.030 Parking on Public Streets, Highways, Alleys or Rights -of -Ways and on Residential Property. 10.12.040 Permits. 10.12.050 Violation --Penalty. 10.12.010 Definition. For the purpose of this Chapter, the term "commercial vehicles" is defined to be any dray, truck, wagon, cart, automobile or other traffic vehicle carrying or used in transporting goods, merchandise, lumber, machinery, oil, dirt or any article of trade or commerce. (Ord. 122 §I, 1930) 10.12.020 Parking Near Schools Prohibited. It is unlawful for any person, firm or corporation to park, stop or leave standing, whether attended or unattended, a commercial vehicle upon a public highway, street or alley within the corporate limits of the City within five hundred feet of any school building, school yard or other premises used in connection with public schools, except for the purpose of delivering goods, wares or merchandise, and then only while such delivery is being made. (Ord. 122 §2, 1930) 10.12.030 Parking on Public Streets, Highways, Alleys or Rights -of -Ways and on Residential Property. A. provided Except for in subsections B, C and D below, and subject to the issuance of a permit pursuant to Section 10.12.040, 1. It is unlawful for any person to park or leave standing, or allow to be parked or leave standing, any commercial vehicle consisting of a truck tractor, motor truck, semi -trailer or a combination thereof, exceeding a manufacturer's gross vehicle weight of ten thousand (10,000) pounds, upon any street, highway, alley, public right-of-way or residential property within the city. 2. It is unlawful for the owner or operator of any commercial vehicle consisting of a truck tractor, motor truck, semi -trailer or a combination thereof, exceeding a manufacturer's gross vehicle weight of ten thousand (10,000) pounds, to allow such vehicle to remain standing upon any street, highway, alley, public right-of-way or residential property within the city. 3. It is unlawful for any person to park, or allow to be parked, any trailer which has been detached from a truck tractor or truck, or which is not in itself capable of being driven, upon any street, highway, alley or public right-of- way within the city. BMC Title 10: 7 4. It is unlawful for any person to park or leave standing within one hundred (100') feet of any street intersection, or within one hundred (100') feet of any official traffic control device, any vehicle which is ten feet or more in height, including the height of any load thereon. 5. It is unlawful for any person to park or leave standing on any street, highway, alley, or public right-of-way within the city, any commercial vehicle consisting of a truck tractor, motor truck, trailer, semi -trailer or combination thereof, exceeding a manufacturer's gross vehicle weight of ten thousand (10,000) pounds, so that any part of such vehicle is within thirty (30') feet of any driveway opening, other than the driver's own driveway. 6. It is unlawful for any person to park or leave standing on any street, highway, alley, or public right-of-way within the city, any commercial vehicle consisting of a truck tractor, motor truck, trailer, semi -trailer or combination thereof, exceeding a manufacturer's gross vehicle weight of ten thousand (10,000) pounds, so that any part of such vehicle is within fifty (50') feet of any part of any other truck tractor, motor truck, trailer, semi -trailer or combination thereof. B. Commercial truck tractors, motor trucks, semi -trailers or combination thereof, exceedinga manufacturer's gross vehicle weight of ten thousand (10,000) pounds, may be parked on public streets, highways, alleys, public rights-of-way, or residential property as follows: 1. On designated truck routes for a period of time not exceeding two consecutive hours; 2. While making pickups or deliveries of goods, wares or merchandise from or to any property adjacent to or abutting upon streets or highways which are not designated truck routes; 3. When such vehicle is parked in connection with, and in aid of, the ongoing performance of a service to, or on, a property in the block in which such vehicle is parked or left standing; 4. The restrictions and prohibitions set forth in subsection A(1), (2) and (3) of this section shall not apply to commercial vehicles which have valid and effective permits issued pursuant to section 10.12.050. C. The provisions of this section shall not apply: 1. In the community industrial land use district; and BMC Title 10: 8 2. To commercial vehicles operated by government agencies, public and private utilities and licensed contractors engaged in the installation, maintenance or repair of any public property, utility or roadway. 10.12.040 Permits. A. Any owner or operator of a vehicle or property which is subject to this Chapter may apply to the Chief of Police or his/her designee for, and the Chief of Police or his/her designee may issue, a permit for an exemption from the restrictions and prohibitions of Section 10.12.030(A)(1) through (3). B. Permits shall expire one year after the date of issuance. Applications for renewal of a permit shall be submitted at least ten (10) days prior to the expiration date of the then -current permit. C. Permits, if issued to nonresident visitors, shall expire three days after the date of issuance. Not more than three (3) nonresident visitor permits may be issued to any one person in any twelve (12) month period of time. D. Permits shall be nontransferable and shall apply only to the particular property or location described in the application, and the privileges granted therein shall be limited to the term of the permit. E. The Chief of Police or his/her designee may revoke any permit issued hereunder prior to the permit's expiration date upon a determination that good cause exists for such revocation. Good cause for revocation is established by a finding that the permittee, or any person operating a permitted vehicle with the permittee's consent, has violated one or more of the provisions of this Chapter or any other provision of this Code or of state law relating to the operation, licensing, maintenance or parking of vehicles. 10.12.050 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.12 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 9 Chapter 10.16 PARKING ON GRADES Sections: 10.16.010 Prohibited. 10.16.020 Violation — Penalty. 10.16.010 Prohibited. It is unlawful for the operator of any vehicle to stand or parkupon an the vehicle street, the grade of which exceeds three percent, without Y setting the brakes thereon and blocking the wheels of the vehicle by turning them against the curb or by other means. ( Ord. 306 (part), 1959) 10.16.020 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.16 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 10 Chapter 10.20 PARKING FOR DISABLED PERSONS Sections: 10.20.010 Purpose and Authority. 10.20.020 Parking in Spaces Designated for Disabled Person Prohibited. 10.20.030 Removal of Vehicles Not Displaying Distinguishing Placard for Disabled Persons. 10.20.040 Chapter Does Not Restrict Other Privileges Granted to Disabled Veterans. 10.20.050 Violation — Penalty. 10.20.010 Purpose and Authority. The purpose of this Chapter, together with any resolution adopted as set forth in this Chapter, is to implement the provisions of California Vehicle Code Section 22507.8, et seq., to provide appropriate and adequate parking for disabled persons (Ord. 664 §2, 1988; Ord. 512 §I, 1980) 10.20.020 Parking in Spaces Designated for Disabled Person Prohibited. A. It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for disabled persons and disabled veterans pursuant to Vehicle Code Sections 22511.7 or 22511.8, unless the vehicle displays either a distinguishing license plate or a placard issued pursuant to Vehicle Code Sections 22511.5 or 22511.9. B. It is unlawful for any person to obstruct, block, or otherwise bar access to those parking stalls or spaces except as provided in Subdivision A. C. Subdivisions A and B apply to all off-street parking facilities owned or operated by the State, the City of Beaumont or any other local governmental authority, and to any privately -owned off-street parking facility. (Ord. 664 §2, 1988; Ord. 512 §2, 1980) 10.20.030 Removal of Vehicles Not Displaying Distinguishing Placard for Disabled Persons. The owner or person in lawful possession of a designated off-street parking facility, after notifying the police department, may cause the removal, from a stall or space designated for disabled persons in such facility to the nearest public garage, of any vehicle not displaying one of the distinguishing placards or license plates specified in Vehicle Code Sections 22511.5 or 22511.9 if there is posted immediately adjacent to, visible from, such stall or space, or, if there is posted, in a conspicuous place at each entrance to the off-street parking facility, not less than one inch in height, a sign which clearly and conspicuously states the following: Unauthorized vehicles not displaying distinguishing placards or license plates issued to physically handicapped persons will be towed away at owner's expense. Towed BMC Title 10: 11 vehicles may be reclaimed at (address) or by telephoning 845-1161. (Ord. 664 §2, 1988; Ord. 512 §3, 1980) 10.20.040 Chapter Does Not Restrict Other Privileges Granted to Disabled Veterans. The provisions of this Chapter shall not be construed to restrict the privilege granted to disabled veterans by Section 22511.9 of the Vehicle Code and to disabled persons by Section 22511.5 of said Code. (Ord. 664 §2, 1988; Ord. 512 §4, 1980) 10.20.050 Violation -Penalty. In the discretion of the Enforcement Officer, any person violatingthe provisions of this Chapter 10.20 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 12 Chapter 10.28 OFF-ROAD USE OF MOTORIZED VEHICLES Sections: 10.28.010 Prohibition. 10.28.020 Exempt Locations. 10.28.030 Exempt Vehicles. 10.28.040 Limitations. 10.28.050 Violation -Penalty. 10.28.010 Prohibition. No person shall drive a motorized vehicle off-road on lands belonging to or occupied by another without having in his or her immediate possession and, upon request of a peace officer, displaying written permission from the owner of such lands, his or her agent, or the person in lawful possession thereof; but this section shall not apply to a person having lawful business with the owner or agent in lawful possession. 10.28.020 Exempt Locations. This Chapter shall not apply on public or private lands expressly set apart for the use of motorized vehicles with permission of the owner of such lands pursuant to any zoning permit or other permit required by law. This Chapter shall not apply upon any public highway, street, road or alley. 10.28.030 Exempt Vehicles. This Chapter shall not apply to farm vehicles used for agricultural purposes, vehicles being used for grading or construction purposes, vehicles being used for governmental purposes or golf carts being used on golf courses. (Ord. 445 §3, 1973) 10.28.040 Limitations. The lawful operation of any motorized off-road vehicle is subject to the following additional limitations: A. Operation of such vehicles shall only be conducted between nine a.m. and one-half (1/2) hour before sunset, unless a shorter period is stated in any written permission given by the landowner/agent. B. Operation of such vehicles shall not be conducted within five hundred feet (500') of an occupied dwelling, church, assembly hall, school, office, medical facility, recreation facility or other facility occupied by human beings; nor within five hundred feet(500') of a barn, stable, other structure or pasture used for the keeping of animals. C. Operation of such vehicles shall be confined to the property for which written permission has been obtained. D. The vehicle being operated must be of the type or types identified in the landowner/agent's written permission. BMC Title 10: 13 E. The permittee shall at all times while operating such vehicles have in his possession a current and valid letter of permission and shall present it upon request to a law enforcement officer, or agent or employee designated by the City Manager to enforce this Chapter, for verification of the right to operate vehicles on the property. F. The vehicles operated by the permittee shall at all times be equipped with spark arrestors and muffler systems in good operating condition. 10.28.050 Violation -Penalty. In the discretion of the Enforcement Officer, any provisions personviolatingthe of this Chapter 10.28 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either g Y case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 14 Chapter 10.30 PARKING OF VEHICLES, VESSELS AND PLACEMENT OF PERSONAL PROPERTY FOR SALE Sections: 10.30.010 Display of Vehicles and Other Property For Sale Prohibited. 10.30.020 Exceptions. 10.30.030 Evidence That Property is Offered for Sale. 10.30.040 Evidence of Violation. 10.30.050 Violation -Penalty. 10.30.010 Display of Vehicles and Other Property For Sale Prohibited. Except as provided in Section 10.30.020, no person shall park or place a vehicle or vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, vessel or other personal property for sale, hire or rental. (Ord. No. 806, § 1, 8-28-00) 10.30.020 Exceptions. A. Section 10.30.010 shall not apply if the real property is lawfully zoned by the City for such purpose, the vendor is duly licensed to transact such business at that location, and the vendor owns or has lawful possession of said real property or has written permission in his or her possession from the owner or person in lawful possession of the real property to vend the vehicle(s), vessel(s) and/or personal property at that location. B. Section 10.30.010 shall not prohibit any person from displaying for sale a vehicle, vessel or other personal property on private residential property provided the person owns or occupies the residential property on which it is displayed for sale, unless such display constitutes a nuisance. C. Section 10.30.010 shall not prohibit any person from placing a vehicle or vessel advertised for sale on the public street provided: (1) Such placement does not violate this Chapter, which Chapter authorizes the removal of unattended vehicles from City streets, highways and alleys under circumstances specified therein; and (2) Such advertising sign is not more than 10" x 12" and includes the name, address and telephone number of the seller; and (3) The person advertising the vehicle or vessel for sale is the registered owner of the vehicle or vessel in accordance with Sections 505 and 9850, et seq. of the California Vehicle Code. BMC Title 10: 15 10.30.030 Evidence That Property is Offered for Sale. The parking or placing an of vehicle or vessel or other personal property with a sign or other Y advertising device thereon or proximate thereto, indicating such vehicle or vessel or otherersonal property is for sale, hire or rental, shall constitute prima facie evidence p p p Y that such vehicle, vessel or other personal property was parked or placed for the purposeof displaying the same for sale, hire or rental. (Ord. No. 806, § 1, 8-28-00) 10.30.040 Evidence of Violation. In any prosecution for violation of this Chapter against the registered owner of a motor vehicle or vessel, proof that the p g particular vehicle or vessel described in the complaint or citation was in violation of this . Chapter, together with proof that the defendant named therein was at the time the p � g registered owner of the vehicle or vessel, shall constitute prima facie evidence that the g registered owner of the vehicle or vessel was the person who placed the vehicle or vessel at thep oint where, and for the time during which, the violation occurred. (Ord. No. 806, § 1, 8-28-00) 10.30.050 Violation -Penalty. In the discretion of the Enforcement Officer, any person violatingthe provisions of this Chapter 10.30 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq.,or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 16 Chapter 10.32 OVERSIZE VEHICLES Sections: 10.32.010 Permit Required. 10.32.020 Obstruction of Chief of Police or His/Her Designee Prohibited. 10.32.030 Who Constitutes Permittee. 10.32.040 Permit Display Required. 10.32.050 Permit Cancellation. 10.32.060 Facilities Relocation -Requirements and Costs. 10.32.070 Compliance with AU Matters in Relation to Permit or City Streets Required. 10.32.080 Regulations for Protection of Public Required -Copies Available. 10.32.090 Permit Application -Forms. 10.32.100 Permit Application -Agreement Signature for Liability. 10.32.110 Permittee to Protect All Improvements -Damages Repaired. 10.32.120 Permit Term. 10.32.130 Repetitive Use Permits -Requirements. 10.32.140 Non -Transferability. 10.32.150 Fees, Insurance or Bonds --Set by Resolution. 10.32.160 Costs --Payment by Permittee. 10.32.170 Issuance Fees and Charges Deposited. 10.32.180 Issuance Fee --Exempt Organizations. 10.32.190 Costs Charged to Permittee --Which Costs Applicable. 10.32.200 When Permit Issued for Which Inspection is Made by Governmental Agency. 10.32.210 Deposit -Requirements. 10.32.220 Deposit -Form 10.32.230 Deposit -Other Types of Security. 10.32.240 Deposit -Deduction of Fees and Costs. 10.32.250 Building Permit Required Prior to Applying for Permit. 10.32.260 Violation -Penalty. 10.32.010 Permit Required. A. Every person or entity, hereafter called "person" or permittee," except as otherwise p rovided in this chapter, is required to obtain a permit from the Chief of Police or his/her designee, before he moves or causes to be moved any load along or across any City street. "Load" means any object or thing, including a vehicle or combination of vehicles which, when traveling along or across any City street, is required to have a special permit pursuant to the Vehicle Code, and includes, but is not limited to, any p oversize or overweight vehicle, house, vessel, machine, equipment, transformer, tree, boat, airplane, and mobilehome. B. It is not intended that the Chief of Police or his/her designee issue a permit to move any Toad when the weight and/or size of the load plus the weight and/or size of the vehicle or other equipment exceeds limitations of the Vehicle Code, except where it is impractical to change the physical characteristics of the load. The Chief of Police or p may his/her designee issue a permit to move such load, where he has determined that it is not in conflict with the public interest to do so. BMC Title 10: 17 C. The fact that an oversize vehicle is duly registered does not imply that a permit must be issued, or exempt from such load from the necessity of securing a permitoperateon an to City street. The permits must be secured and in possession of Y Y the operator before the vehicle may be legally operated. 10.32.020 Obstruction of Chief of Police or his/her Designee Prohibited. A person shall not obstruct the Chief of Police or his/her designee in making any inspection to determine compliance with the conditions of the permit. 10.32.030 Who Constitutes Permittee. Whenever this chapter requires a permittee toperform anywork, take any action, or be liable for any fees, or costs, such pp requirement applies to any person who commences any work or movement for which a q permit is required whether such person obtains a permit or not. (Ord. 474 §3, 1976) 10.32.040 Permit Display Required. The permittee shall make the permit available for inspection by any peace officer or other public officer or employee having responsibility for safety or maintenance of the city streets. Each permit for moving must be in or attached to the vehicle or combination of vehicles to which it refers. In cases where a buildingor structure is moved in more than one section at the same time, on` each section on which the original permit is not attached there shall be affixed a true copy of the original permit. 10.32.050 Permit Cancellation. The Chief of Police or his/her designee for cause may cancel a permit unless the permitted activity is commenced within the time specified and is diligently prosecuted to completion. 10.32.060 Facilities Relocation --Requirements and Costs. The permittee shall investigate and be aware of all existing facilities lawfully within the city streets which are within the limits of his activity. The permittee shall not interfere with any such existing public or private facility without the consent of its owner. If it becomes rY necessa to relocate an existing facility, this shall be arranged for by the permittee, to be done byits owner or to the satisfaction of its owner. The cost of moving publicly and privatelyowned facilities shall be borne by the permittee. (Ord. 474 §6, 1976) 10.32.070 Compliance with All Matters in Relation to . Permit or City Streets Required. Every permittee shall obey 'and comply with every order, decision, direction or rule of the Chief of Police or his/her designee in the matters specified in the permit, or other matters relating to the permitted use of a City street, and shall do everything necessary to secure compliance therewith by officers, agents, and � 9 employees of the permittee. 10.32.080 Regulations for Protection of Public Required --Copies Available. A. The Chief of Police or his/her designee may cause to be prepared regulations for use in compliance with this Chapter. The regulations shall make such BMC Title 10: 18 requirements as are necessary to protect the public and cause the public the least possible inconvenience, provide for appropriate methods of protecting surface, subsurface, and overhead utilities within a City street or adjacent thereto, provide for protection ofprivate and public property adjacent to City streets; provide for any necessary temporary relocation of any utilities or other property within a city street; provide for repair, at the expense of the permittee, of any improvement which is damaged by reason of an act of permittee; whether or not such an act is in accordance with his� ermit provide a method of designating which City streets are to be used, and p at what time, for the movement of particular loads, and provide for the collection of permit fees and for the collection and disbursement of any deposit which may be required. B. The Chief of Police or his/her designee shall maintain copies of said regulations in this Chapter for inspection by the public and for distribution to the public, which may be sold at cost. 10.32.090 Permit Application --Forms. The application for a permit shall be made in writing to the Chief of Police or his/her designee, on the forms provided or approved by him. 10.32.100 Permit Application --Agreement Signature for Liability. On each application the applicant or his agent shall sign a statement that the applicant agrees or pp preserves resees and saves harmless the city, its officers, and employees, from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as the proximate result of his activities pursuant to the permit applied for, including wrongful or accidental health. (Ord. 474 §10, 1976) 10.32.110 Permittee to Protect All improvements -Damages Repaired. The permittee shall protect all street improvements, and other facilities within the City streets . bymethods satisfactory to their owners. An owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any street or other facility damaged, dams ed, it may be repaired by the permittee, under the supervision of the owner at the permittee's expense. (Ord. 474 § 11, 1976) 10.32.120 Permit Term. Each permit shall specify the duration of the permit. The Chief of Police or his/her designee may extend the time, in which event the permit shall be so endorsed. (Ord. 474 §12, 1976) 10.32.130 Repetitive Use Permits --Requirements. Repetitive use permits, renewable , eriodicallbe issued to cover more than a single move. The Chief of p Y may Police or his/her designee may revoke such permit if the permittee fails to comply with any of the provisions of this chapter. The issuance of a repetitive use permit does not relieve thep ermittee from making such reports of activity under the repetitive use permit as may be required by the Chief of Police or his/her designee and for paying for inspections, repairs and other acts incurred by the Chief of Police or his/her designee due to the permittee's activity. BMC Title 10: 19 10.32.140 Non -Transferability. Permits issued under the authority of this chapter are nontransferable. ( Ord. §14, 1976) 10.32.150 Fees, Insurance or Bonds --Set by Resolution. The city council shall from time to time by resolution establish fees for the issuance of permits and the minimum amounts of insurance or bonds to be required by the Chief of Police or his/her designee in conjunction with the issuance of permits. (Ord. 474 §15, 1976) 10.32.160 Costs --Payment by Permittee. Except as other -wise provided, the permittee shallpayfor all the City's costs relating to a permit, including but not restricted to, the following: A. The permit issuance fee; B. Engineering, inspection, transportation and tests; C. Repairing or restoring the City streets and altering, removal, replacement and repair of all appurtenant facilities including utilities to the same or equal condition as they were before damage as a result of the permittees activities; D. Furnishing and/or maintaining any lights, barricades, or warning devices; E. Alteration, removal, replacement, and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes and any other expense for traffic control; F. Removing or remedying any hazardous conditions and tree trimming. (Ord. 474 §16, 1976) 10.32.170 Issuance Fees and Charges Deposited. Issuance fees and under the provisions of this chapter shall be deposited in the general charges collected fund. (Ord. 474 §17, 1976) 10.32.180 Issuance Fee --Exempt Organizations. The following shall be exempt from paying the permit issuance fee: the United States, this state, any county, anycity, , any school district, and other district organized under state law, and any permittee who has previously paid such a fee in connection with a state and/or county permit relative to the move for which the permit is being sought. (Ord. 474 §18, 1976) 10.32.190 Costs Charged to Permittee --Which Costs Applicable. Whenever any costs are to be charged to a permittee and no other method for the calculation of such costs is specified, such costs are the actual costs including applicable indirect cost in accordance with current practice for charging for work performed for the public. (Ord. 474 §19, 1976) BMC Title 10: 20 10.32.200 When Permit Issued for Which Inspection is Made by Governmental Agency. The Chief of Police or his/her designee may issue a permit without any inspection ection fee or deposit for work which will be inspected by a qualified governmentagency which will furnish evidence that the work will be inspected and will with standards required by the City. If an applicant receives such a permit and comply q the overnment agencyfails to make the inspection or fails to file the evidence as g required, the Chief of Police or his/her designee may inspect the work and the permittee shallpaY the actual cost of such inspection and any remedial work. 10.32.210 Deposit -Requirements. Every applicant for a permit, other than public entityorganizations listed in Section 10.32.180, shall be required to provide a cash deposit or other adequate security as determined by the Chief of Police or his/her designee, to guarantee payment of fees, costs and charges due or which may become due under this Chapter whenever, in the opinion of the Chief of Police or his/her designee, the City will incur costs in conjunction with a particular permit not reasonably covered by the permit fee, or if the permittee does not fulfill all of the permit requirements, or where the nature ofthe particular application is such that it can reasonably be anticipated that the City will suffer costs in conjunction with the move. exempt Agencies t from such deposits are not relieved of payment of all costs incurred by g p the city by reason of a move. 10.32.220Deposit-Form.deposit A cash de osit may be in the form of a special deposit for each permit or in the form of a general cash deposit to be maintained as p security for all the permits issued to an applicant. (Ord. 474 § 22, 1976) 10.32.230 Deposit -Other Types of Security. In lieu of deposit the Chief of Police or his/her designee may accept from an applicant other types of security such as a surety bond and other approved security. 10.32.240 Deposit -Deduction of Fees and Costs. The Chief of Police or his/her designee shall bill the permittee or deduct from the deposit made or maintained by the permittee for all fees and costs chargeable under this chapter. The remainder of any deposit osit shall be refunded. A permit issuance fee may be refunded when a permit has been issued as a result of error not made by the permittee. 10.32.250 Building Permit Required Prior to Applying for Permit. Notwithstanding anything else to the contrary contained in this chapter prior to the issuance of any ermit by the Chief of Police or his/her designee as provided for in this chapter, anyapplicant for such a permit shall first obtain from the building inspector a p building permit whenever such a permit is otherwise required by applicable law. 10.32.260 Violation -Penalty. In the discretion of the Enforcement Officer, any person violatingthe provisions of this Chapter 10.32 shall be issued an Administrative .. . Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guiltyof an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section BMC Title 10: 21 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 22 Sections: 10.36.010 10.36.020 10.36.030 10.36.040 10.36.050 10.36.060 10.36.070 10.36.080 10.36.090 10.36.100 10.36.110 10.36.120 10.36.130 10.36.140 10.36.150 10.36.160 10.36.170 10.36.180 10.36.190 10.36.200 10.36.210 10.36.220 10.36.230 10.36.240 Chapter 10.36 BICYCLES Definitions. Designation of Bikeways. Restrictions on Riding in Roadways. Riding on Sidewalks Prohibited. License Required. License; Issuance. License; Condition of Bicycle. License; Effect. License Plate and Registration. License; Bicycle Attachment. License Plate Removal. License; Recordation. License; Notification of Bicycle Destruction. Fees; Initial Purchase and Renewal. Fees; Penalty for Late Renewal. Fees; Payment. Fees; Transfer. Dealer; Secondhand Dealer Purchase Report. Dealer; Report of Sale. Registration Transfer; Report. Registration Transfer; Application. Impound. Citation; Issuance. Violation -Penalty. 10.36.010 Definitions. The following definitions shall apply to the terms used in this Chapter: "Bicycle" shall mean a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears, and having either two (2) or three (3) wheels in a tandem or tricycle arrangement. "Bikeway" means all facilities that provide primarily for bicycle travel. For purposes of this Chapter, bikeways shall be categorized as follows: 1. Class 1 Bikeways, such as a "bike path," which provides a completely g separated right-of-way designated for the exclusive use of bicycles and pedestrians with p cross flows by motorists minimized. 2y Class 11 Bikeways, such as a "bike lane," which provide a restricted right- of-way designated desi nated for the exclusive use of bicycles with vehicle parking and pedestrians BMC Title 10: 23 prohibited, but with cross flows by pedestrians and motorists permitted. Class 11 Bikeways shall either (a) be posted with "No Parking" signs, or (b) the adjacent curb shall be painted red. 3. Class 111 Bikeways, such as an on -street or off-street "bike route," which provide a right-of-way designated by signs or permanent markings and shared with pedestrians or motorists. (Ord. No. 929, § 1,2-19-08) 10.36.020 Designation of Bikeways. The streets or portions of streets designated for Class 11 and Class 111 Bikeways and the days and times of such designations shall be established by resolution of the City Council, and such Bikeways shall be marked and signed appropriately. (Ord. No. 929, §1, 2-19-08) 10.36.030 Restrictions on Riding in Roadways. A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. B. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast. C. Whenever a Class 1 Bikeway has been provided, bicycle riders shall use the bike path and shall not use the roadway. (Ord. No. 929, § 1,2-19-08) 10.36.040 Riding on Sidewalks Prohibited. Except for authorized police bicycle patrols, no person shall ride a bicycle upon a sidewalk adjacent to a Bikeway, unless signs are erected permitting use of such sidewalk by bicycles. (Ord. No. 929, § 1, 2-19-08) 10.36.050 License Required. It is unlawful for any person to operate or use a bicycle, as defined in Section 231 of the Vehicle Code without having attached thereto a California bicycle license, upon any of the streets, alleys or public highways of this city. 10.36.060 License; Issuance. The Police Department of this City is authorized and directed to obtain original bicycle license plates and renewal license plates from the California Department of Motor Vehicles and to issue the same at the Police Department. 10.36.070 License; Condition of Bicycle. The bicycle shall be equipped and maintained as provided for in Section 21201 of the Vehicle Code at all times when operated in the city, and before a license can be issued. 10.36.080 License; Effect. Licenses, when issued, shall entitle the licensee to operate such bicycle, for which said license has been issued, upon all the streets, alleys and public highways, exclusive of the sidewalks thereof, in the City. BMC Title 10: 24 10.36.090 License Plate and Registration. The City shall provide, for a fee, a California bicycle license and maintain registration records as provided in Division 16.7 of the California Vehicle Code. 10.36.100 License; Bicycle Attachment. The plate shall be attached to the frame of the bicycle below the seat on the seat post portion of the frame. 10.36.110 License Plate Removal. The plate shall not be removed. 10.36.120 License; Recordation. The Police Department shall maintain registration records. 10.36.130 License; Notification of Bicycle Destruction. It shall be the duty of every license holder to notify the Police Department within ten (10) days of the destruction of the bicycle. The registration card shall be returned to the Police Department at that time. 10.36.140 Fees; Initial Purchase and Renewal. The initial license fee shall be one dollar fifty cents ($1.50) and shall be renewed every 36 months thereafter upon payment of a renewal fee of one dollar fifty cents ($1.50). 10.36.150 Fees; Penalty for Late Renewal. A penalty of one dollar ($1.00) shall be paid for the late renewal of the license. 10.36.160 Fees; Payment. All licenses shall be payable in advance to the Chief of Police or his/her designee, who is designated as the license collector for all fees dues under this Chapter. 10.36.170 Fees; Transfer. Pursuant to sections 10.36.200 and 10.36.210 of this Chapter, a bicycle license may be transferred when the ownership of said bicycle is transferred and a fee of fifty cents ($0.50) shall be paid for the registration of such transfer. 10.36.180 Dealer; Secondhand Dealer Purchase Report. All persons engaged in the business of selling new or secondhand bicycles are required to make a g weekly report to the Police Department, giving a list of all sales made by such dealers, which list shall include the name and address of each person to whom sold, the kind of bicycle sold, together with a description and frame number thereof, and the number of the license plate attached thereto, if any. 10.36.190 Dealer; Report of Sale. All persons engaged in the business of selling new or secondhand bicycles are required to make a weekly report to the police department, giving a list of all sales made by such dealers, which list shall include the name and address of each person to whom sold, the kind of bicycle sold, together with BMC Title 10: 25 a description and frame number thereof, and the number of the license attached thereto, if any. 10.36.200 Registration transfer; Report. It is the duty of every person who sells or transfers ownership of any bicycle, to report such sale or transfer by returning to the Police Department the registration card issued to such person as licensee thereof, together with the name and address of the person to whom said bicycle was sold or transferred; and such report shall be made within ten (10) days of date of said sale or transfer. 10.36.210 Registration Transfer; Application. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration thereof within ten (10) days of the date of such transfer of registration. 10.36.220 Impoundment. In addition to the penalty hereinabove set forth, the Police Department, or any of the members thereof, may impound any bicycle operated in violation of any of the provisions of this chapter, and retain possession of same until the license provided for herein obtained by the owner of such bicycle. 10.36.230 Citation; Issuance. The Police Department may issue a citation to any person who operates a bicycle in violation of any of the provisions of this chapter or the California Vehicle Code 10.36.240 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.36 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guiltyof an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 26 Sections: 10.38.010 10.38.020 10.38.030 10.38.040 10.38.050 10.38.060 Chapter 10.38 SKATEBOARDING AND ROLLER-SKATING Definitions. Designated Areas. Skateboarding or Roller -Skating on Private Property. Skateboarding or Roller -Skating as a Nuisance. Parents of Roller Skate/Skateboard Riders. Violation -Penalty. 10.38.010 Definitions. For purposes of this Ordinance only, the following definition shall apply: A. "Roller Skates" shall mean and include any footwear or device which may be attached to the foot or footwear to which wheels are attached and such wheels may be used by the wearer in moving, including in-line skates known as "roller blades". The definition of these terms shall include a single roller skate, or parts thereof, used by the wearer in moving. B. "Skateboard" or "Skateboards" shall mean and include any board of any material which has wheels attached to it where such wheels may be used for movement or propulsion. C. "Official Sign" shall mean and include a sign which meets the specifications set by the Beaumont Police Department and which prohibits, authorizes or otherwise regulates the operation of roller skates and/or skateboards. 10.38.020 Designated Areas. The City Council may, from time to time, designate by resolution certain areas for the use of roller skates and skateboards. Such areas shall be posted with official signs that shall contain, at a minimum, the following information: A. That skateboarding and roller-skating is permitted in the designated area; B. That such activities are permitted only on specified days of the week and hours during such days; C. That all skaters and skateboarders shall wear a helmet, elbow pads and knee pads pursuant to California Health and Safety Code, Section 25906; D. That no skateboarding or roller-skating shall be permitted between sunset and sunrise the following day unless the designated area is adequately lighted; BMC Title 10: 27 E. That no roller skater or skateboarder shall impair his or her hearing, vision or mental faculties by, for example, wearing headphones, mask or hood, or using drugs or alcohol; F. That users do so at their own risk, and shall assume unconditional responsibility for the safety of themselves, other skaters and passersby; G. That the designated area must be kept clean and that any debris or other material left by the users of the designated area will result in the revocation of the privilege to use the designated area for roller-skating and skateboarding purposes; 10.38.030 Skateboarding or Roller -Skating on Private Property. No person shall ride, propel, or in any manner operate a skateboard or roller skate on, along or over any privately owned property in the City where the owner, manager or other person in charge has prohibited the same. The prohibition set forth in this Section shall not apply until notice has been provided by means of official signs placed in locations and in sufficient numbers so that theyare reasonably likely to be seen by those engaging in the prohibited activities. For purposes of this Section, "private property" shall be deemed to include property owned by other public agencies within the City of Beaumont. 10.38.040 Skateboarding or Roller -Skating as a Nuisance. No person shall use a skateboard or roller skates within or on an area designated for such activities by the City Council in a manner which creates a nuisance. For purposes of this Section, "nuisance" is defined as an activity which: A. Violates the rules and regulations set forth on official signs posted at the designated area; or B. Creates an obstruction or presents a hazard to the free use of public or private property by pedestrians or motorists; or C. Generates loud or unreasonable noise. D. May not install or place any type ramp or rails in the public right -away or street. 10.38.050 Parents of Roller Skate/Skateboard Riders. The parent of any child, and/orguardianan of ward, shall not authorize or knowingly permit any such Y child or ward to violate any provisions of this Ordinance. 10.38.060 Violation -Penalty. In the discretion of the Enforcement Officer, any person violatingthe provisions of this Chapter 10.38 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guiltyof an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either BMC Title 10: 28 case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 29 Chapter 10.40 TRAINS BLOCKING INTERSECTIONS Sections: 10.40.010 Prohibited Acts. 10.40.020 Violation -Penalty. 10.40.010 Prohibited Acts. It is unlawful for any person to cause or permit anyrailwaytrain or railwaycars or similar vehicle on rails to operate or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than ten (10) minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident. (Ord. 401 §1, 1969) 10.40.020 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.40 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 30 Chapter 10.42 TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS Sections: 10.42.010 10.42.020 10.42.030 10.42.040 10.42.050 10.42.060 10.42.070 10.42.080 10.42.090 10.42.100 Definitions. Applicability. Exemptions. Minimum Standards. Processing Time Limits. Filing Procedure and Evaluation. Renewal/Review for Compliance. Fees for Initial Review and Program Monitoring. Enforcement and Penalties. Appeals. 10.42.010 Definitions. For the purpose of this Chapter, the following terms shall apply: "Alternative Transportation Modes" means any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling or walking. "Applicable Development" means any new development project that is determined to meet or exceed the employment threshold using the criteria contained in thisapplicabledevelopment ordinance. An develo ment also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meets or exceeds the employment threshold. "Bicycle Facilities" means any capital improvements which would benefit an employee who rides a bicycle to their worksite, including shower facilities, locker facilities, bicycle parking, etc. "Change of Use" means a development or facility space of a lessee which has altered its initial use to another use not related to the previous. (Example: office space changes its use to a retail store). "Developer" means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this ordinance as determined by the property owner. "Employee" means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency or other entity which employees one hundred (100) or more persons at a single worksite. BMC Title 10: 31 "Employment Generation Factors" refers to factors developed for the use by the jurisdiction for protecting the potential employment of any proposed development project. "Employer" means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs one hundred (100) or more persons at a single work site, and may either be a property owner or tenant of an applicable development project. "Employment Threshold" means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this Chapter. "Minimum Standards" means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this Chapter. "Mixed -Use Development" means new development projects that combine any land uses one with another. "New Development Project" means any non-residential project being processed where some level of discretionary action by a decision making body is required. "Peak Period" means those hours of the business day between 7:00 a.m. and 9:00 a.m. inclusive, Monday through Friday, which TDM strategies such as this Chapter identify as the priority period for reducing work related vehicle trips. "Property Owner" means the legal owner of the applicable development and/or p Y its designee (i.e. developer). "Rideshare Facilities" means any capital improvements which would benefit an who rideshares to the worksite, including g on-site amenities, preferential parking, and rideshare drop-off areas at the entrance of the worksite. "Site Development Plan/Permit" means a precise plan of development that may be subject to public hearing before the Planning Commission and/or City Council. "Transit Facilities" means any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities. "Transportation Management Association" means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems. TMA's have the ability to collectively pool participants' resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this Chapter. BMC Title 10: 32 "Transportation Demand Management" means the implementation of programs, plansor policies olicies designed to encourage changes in individual travel behavior. TOM can include an emphasis on alternative travel modes to the single occupant vehicle such as , carpools, vanpools, and transit; reduction or elimination of the number of vehicle trips or p shifts in the time of vehicle commutes to other than peak periods. "Worksite" means a building, or group of buildings, located within the jurisdiction which are inphY sical contact or separated solely by a private or public roadway or other right of way, and which are owned or operated by the same employer (or by employers g Y under common control). 10.42.020 Applicability. A. This Chapter shall apply to all new development projects and/or change of use projects that are estimated to employ a total of one hundred (100) or more persons as determined by the methodology in this Section below: B. For purposes of determining whether a new development project is subject to this Chapter, the total employment figure will be determined as follows: 1. Employment projections developed by the project applicant, subject to approval by the Planning Director; or 2. Employment projections developed by the applicant, using the following employee generation factors by the type of use. Land Use Category Gross Sq. Ft./Employee Retail/Commercial 500 Office/Professional 250 Industrial/Manufacturing 525 Hospital 300 Hotel/Motel 8-1.2 employees/room The employment projection for a development of mixed use or multiple uses shall be calculated on a case by case basis based upon the proportion of development devoted to each type of use. 10.42.030 Exemptions. Notwithstanding any other provisions, the following uses and activities shall be specifically exempt from this Chapter: A. Development projects expected to employ fewer than one hundred (100) persons. BMC Title 10: 33 B. Temporary construction activities on any affected project, including activitiesp erformed by engineers, architects, contract subcontractors and construction workers. C. Other temporary activities, as defined in the City Development Code, or as authorized byCity the when such temporary activities shall discontinue at the end of the designated time period. 10.42.040 Minimum Standards. A. All applicable new developments (non-residential developments which employ 100 or more persons) which are owned and managed as one unit shall submit a p Y Transportation Demand Management Plan prepared by a traffic engineer, transportation planner or other qualified professional identifying the traffic impacts associated with the proposed project and including design recommendations and mitigation measures, as appropriate, ro riate, to address on and off site project impacts. Said TDM Plan shall comply with AQMD Regulation XV requirements and shall have the goal of achieving a vehicle occupancy of 1.3. The Plan shall also indicate specific strategies and p Y rate guidelines to reduce the amount of trips and increase the amount of non -vehicular transportation. B. All property owners of applicable new development (non-residential development and/or changes of use shall be subject to the required capital improvement standards as specified in this Section. These standards must all be addressed to realize if they are applicable to their development. These required standards may be used to achieve the vehicle occupancy rate of 1.3. Property owners of all applicable developments shall include in their project Site Development Plans provisions to address each of the following capital improvements: 1. Transit facilities (on and off site); 2. Bicycle facilities; and 3. Rideshare facilities. (See options in Section 10.42.040(D) for specific capital improvement strategies) C. The TDM Plan also includes operational standards that shall be implemented within sixty days (60) after occupancy of the development by an employer. Operational standards are standards which employers, TMA's or a managing office of a development administered as one unit are required to implement to achieve the goals of AQMD's Regulation XV program. D. These options may be included in the property owner TDM Plan to fulfill both the capital improvement standards and the operational standards: 1. Alternate Work Schedule/Flex-time; BMC Title 10: 34 2. Telecommunicating: Establish telecommunicating or work at home programs to allow employees to work at home or at a satellite work center; 3. Bicycle Facilities: Provide bicycle parking facilities equal to 5% of Y total re uired automobile parking spaces; and preserve two percent (2%) of the required gross floor area for employee locker and shower facilities; 4. On-site Employee Housing and Shuttles: Provide affordable on-site housing and shuttles to and from the housing areas and the work areas; 5. Preferential Parking for Carpool Vehicles; 6. Information Center for Transportation Alternatives; 7. Rideshare Vehicle Loading Areas; 8. Vanpool Vehicle Improvements; 9. Bus Stop Improvements; 10. On -Site Child Care Facilities; 11. Availability of Electrical Outlets for recharging of electric vehicles; 12. On -Site amenities such as cafeterias and restaurants, automated teller machines and other services that would eliminate the need for additional trips; 13. Airport Shuttle Service to Hotels and Spas; 14. Contributions to funds providing regional facilities such as park and ride Tots, multi -model transportation center, and transit alternatives in the area; IS. Incentives for mass transit usage including provision of a bus pass, additional pay, flex -time or other; 15. Implementation of a parking fee; 16. Restriction of business hours; 17. Restrict delivery hours; 18. Provide a direct pedestrian path from the closest transit stop into the facility; 19. Contribute up to $1.00/square foot to a housing subsidy fund so that affordable housing can be created closer to the employer; BMC Title 10: 35 20. Resort/hotel areas develop rideshare and shuttle programs; 21. Create golf cart circulation systems; 22. If an applicable development is on a current transit route, provide a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts; 23. If an applicable development is not located on a current transit route, contribute to a fund which will be used to provide transit amenities; 24. If an applicable development is not located on a major arterial, statements 22 and 23 should be considered; 25. Provision of a Bicycle Lane; and 26. Provide other creative or innovative strategies to reduce vehicle trips. 10.42.050 Processing Time Limits. It shall be the responsibility of the Planning Director or Designee to inform the applicant of a transportation demand management review application, and that the determination of completeness of such an application be within thirty (30) days of receipt. Once the application is complete, the Planning Director shall either approve or deny the application within sixty (60) days or forward the application to the Planning Commission for their approval, assuring that the application is processed expediently (no more than ninety (90) days). 10.42.060 Filing Procedure and Evaluation. A. A request for TDM approval shall be made through application forms provided by the Planning Department. The application for such approval shall be filed with the Planning Director within thirty (30) days of receipt. B. A processing fee shall be paid at the time the completed application is filed with the Planning Department. The fee shall be as established in the Planning Department Fee Schedule. C. An application for TDM shall be supplemented by plans and other pertinent information to adequately portray all applicable aspects of a proposal. D. The Planning Director shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of a conformance with this Chapter. BMC Title 10: 36 10.42.070 Renewal/Review for Compliance. A. Each employer to which this Chapter applies shall submit to the Planning Director for review copies of all plans and reports submitted to the AQMD pursuant to requirements of Regulation Xv. The Planning Director shall cooperate with the AQMD to assure that all TDM Plans comply with current AQMD Requirements. The City of Beaumont shall cooperate with the AQMD in enforcement action. B. The Code Enforcement Officer shall also review any approved TDM Plans for compliance if complaints about the TDM Plan and its non-compliance are recorded to the City. 10.42.080 Fee for Initial Review and Program Monitoring. For purpose of meeting its obligations under this Chapter, the City Council of the City of Beaumont may set fees deemed necessary to review and monitor TDM Plans. (See Planning Department Fee Schedule). The following fees shall be imposed on the subject property owner(s): 1. A trip reduction/TDM Plan Review Fee as determined in the Planning Department Fee Schedule at the time of initial project application submission to the Planning Department; 2. A trip reduction/TDM Plan Renewal/Review for Compliance Fee as determined by the Planning Department Fee Schedule at the time of initial review by the Planning Department. This shall be a fixed fee charge to all applicable developments for the purpose of defraying the costs of processing and reviewing the trip reduction/TDM Program. 10.42.090 Enforcement and Penalties. For purposes of ensuring that applicable developments comply with the provisions of this ordinance, the Code Enforcement Officer shall, following written notice to subject property owner(s), initiate enforcement action(s) against such property owner(s) or designee(s) which may include, but are not limited to, the following: 1. Withholding issuance of a Building Permit or Certificate of Use and Occupancy; 2. Non -Compliance Infraction; 3. Issuance of a Stop Work Order. The Code Enforcement Officer may also penalize for non-compliance in other ways in his/her discretion. BMC Title 10: 37 10.42.100 Appeals. A. An appeal may be made by the property owner(s) or designee(s) of any applicable development regarding decisions made by the Planning Director on provisions of this Chapter. B. Such appeals may be reviewed by the City Council for resolutions, who must act on such appeals within thirty (30) days of such filing. BMC Title 10: 38 Sections: 10.44.010 10.44.020 10.44.030 10.44.040 10.44.050 Chapter 10.44 TEMPORARY STREET CLOSURES Delegation of Authority. Temporary Closure. Posting Signs. Operating a Vehicle on Closed Street. Violation -Penalty. 10.44.010 Delegation of Authority. The City Manager or his/her designee is authorized temporarily horized to tem oraril close any City street or public way, or portions thereof, as provided for herein. (Ord. NO. 813, § 1, 8-21-01) 10 .44.020 Temporary Closure. Any street or public way, or portions thereof, may temporarily be tem oraril closed for celebrations, parades, local special events, and other purposes when, in the opinion of the City Manager or his/her designee, the closing is necessary for the safety and protection of persons who are to use such portions of the street or ublicduring the temporary closing. (Ord. No. 813, §1, 8-21-01) p way 10.44.030 Posting Signs. Upon determining to close any street or public way, or portions Manager thereof,the CityMana er or his/her designee shall cause signs, stanchions, barriers, vehicles or other devices to be placed at a location or locations which will give notice to thep ublic indicating that such street or public way or portion thereof is closed to vehicular traffic. All signs shall be placed no later than seventy two (72) hours prior to the closure of the street. 10.44.040 Operating a Vehicle on Closed Street. No person shall operate a vehicle upon a street or public way, or any portion thereof, that is temporary closed by p order of the City Manager er or his/her designee unless such person is expressly authorized to do so. (Ord. No. 813, § 1, 8-21-01) 10.44.050 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.44 shall be issued an Administrative Citationp ursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either g y case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 39 Chapter 10.50 Golf Cart Transportation Plan Sections: 10.50.010 Purpose and Intent. 10.50.020 Definitions. 10.50.030 Daytime Use Only. 10.50.040 Golf Cart Minimum Design Criteria. 10.50.050 Golf Cart Minimum Safety Equipment Requirements. 10.50.060 Golf Cart Operator Safety Criteria. 10.50.070 Golf Cart Permit. 10.50.080 Violation -Penalty. 10.50.010 Purpose and Intent. This Golf Cart Transportation Plan has been prepared to meet requirements of the State of California Streets and Highways Code, Chapter 6.0. It is the intent of the City of Beaumont to establish a golf cart transportation plan, in conformance with this legislation, that will be designed and developed to best serve the functional travel needs in key areas of the City on designated streets as shown on Figure 1, to have the physical safety of the golf cart driver's person and property as a major planning component, and to have the capacity to accommodate golf cart driver's of every legal age and range of skills. It is the further intent to authorize the City to carry out a golf cart transportation plan that extends the use of the golf cart beyond the existing law; provided that the City establish golf cart lanes, minimum golf cart standards, operation requirements, permit procedures and reporting practices as provided therein. 10.50.020 Definitions. The following words and phrases when used in this Chapter shall have the definitions respectfully ascribed to them in this section. Whenever any words or phrases used in this Chapter are not defined but are defined in the California Vehicle Code and amendments thereto, such definitions shall apply. A. "City" means the City of Beaumont. B. "Golf Cart" means an electric powered motor vehicle having not Tess than three wheels in contact with the ground and an unladen weight of 1,300 pounds or less which is designed to be and is operated at not more than twenty-five miles per hour and is designed to carry golf equipment and not more than two persons, including the driver. (CVC Sec 345) C. "Golf Cart Facilities" means all publicly owned facilities that provide for golf cart travel including golf cart lanes, golf cart routes, and golf cart crossings designated by signs or permanent markings which are shared with pedestrians, bicyclists, and other motorists in the plan area. There shall be three categories of golf cart facilities: BMC Title 10: 40 1. "Golf Cart Lane" means a portion of the public roadway that is designated bysigns and pavement markings for golf cart travel. Golf cart lanes g shall be six (6) feet wide and allow golf carts to travel adjacent to automobile traffic but within a separated striped space. Bicyclists may share golf cart lanes if there is not a separate bicycle lane on the roadway. Golf Cart Lanes are depicted in Figure 1, by the Dark Black Bold Streets. 2. "Golf Cart Route Area" means travel lanes on residential streets with speed limits of twenty-five miles per hour or less and are shared with pedestrians, bicyclists and other motorists. Golf Cart Route Areas are shown on Figure 1 in the striped marked areas. 3. "Golf Course Cart Crossing Zones" means locations on public streets for use by golf carts to cross, at any time other than during darkness, on any street, other than a state highway, which has a posted speed limit of 45 miles per hour or less and which is immediately adjacent to a golf course. There are nine (9) authorized crossing zones depicted in Figure 1. 10.50.030 Daytime Use Only. Golf Cart Facilities shall only be used by permittedgolfoperators cart o erators between thirty minutes prior to sunrise and thirty minutes after sunset. Operation of golf carts during hours of darkness is strictly prohibited. 10.50. 040 Golf Cart Minimum Design Criteria. The following minimum equipment shall be required for operation of golf carts on public streets within the Golf Cart Lanes, Route Areas, and Crossings in the City as shown on the Golf Cart Transportation Plan. A. The golf cart shall be electrically powered. B. Theg olf cart shall be the shape and size that conforms to the industry standards of manufactured golf carts. C. Theg olf cart shall present an unobstructed view to the rear from the driver's seat. D. The golf cart shall have a covered passenger compartment 10.50.050 Golf Cart Minimum Safety Equipment Requirements. The golf cart shall be equipped and safely operated with: A. Brake lights, conforming to CVC 24603; B. Front and rear turn signal indicator lights, conforming to CVC 24952 and 24953; BMC Title 10: 41 C. Either left side and right side mirrors, left side and rear view mirrors, or a multidirectional cross bar rear mirror; CVC 26709 D. Head lamps, conforming to CVC 24400 and 24410, except the minimum mounting height shall be 16 inches; E. Tail lights, conforming to CVC 24600 F. Reflectors, conforming to CVC Section 24607; G. Parking brake; CVC 26450 H. Horn; CVC 27000 I. Windshield, conforming to CVC 26700; J. Seat belts, for both Driver and each Passenger position, in two point (i.e. lap) mounting, conforming to CVC 27315; K. Safely equipped or properly loaded to conform with CVC Section 24002; L. A golf cart locking device; M. A backup buzzer; 10.50.060 Golf Cart Operator Safety Criteria. The following safety criteria for operators are the minimum criteria set and adopted by the City Council: A. A golf cart operator shall have a valid driver's license issued by the State of California. B. Golf cart operators shall comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the CVC. C. Golf cart operators shall maintain golf cart in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the cart is in operation on public streets. D. A maximum of two persons may ride in the golf cart and may only ride in the main passenger compartment equipped with safety belts. Both the Driver and passenger shall were a seatbelt at all times of operation. F. Golf Cart operators shall comply with all of the rules of the road that pertain to automobiles, including the prohibition of alcohol. BMC Title 10: 42 G. Golf cart operators shall have a valid city golf cart permit for operation on public streets. H. Golf cart permits issued by the city are valid within designated Golf Cart Facilities. Possession of a valid city golf cart permit does not authorize travel on or along public streets outside the Facilities geographic boundaries of the city. 10.50.070 Golf Cart Permit. No golf cart shall be operated on city streets without bearing a valid Golf Cart Permit. Prior to the issuance of a Golf Cart Permit, the following shall be required: A. An inspection by the City; B. A permit decal showing proof of compliance. The decal shall be visibly posted on the left rear fender of the permitted golf cart; C. A permit fee of $25 dollars for a 24 -month period to allow the City to recover a portion of the cost of inspection, enforcement and Golf Cart Facility maintenance. Permits shall be renewed every two years subject to re -inspection prior to expiration of the permit; D. Attendance at a training presentation describing the requirements of the city Golf Cart Transportation Program. 10.50.080 Violation -Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter 10.50 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. BMC Title 10: 43 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4313 Notice Beaumont City Council Ordinance No. 953 STATE OF CALIFORNIA County of Riverside SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/02 all in the year 2009 I certify (or declare) under penalty of per- jury t t the foregoing is true and correct. This space for County Clerk's Filing Stamp signature Date 10/02/09 at Riverside, California. LEGAL. NOTICE NOTICE IS 'HEREBY OW - EN, that the Beaumont City Council will conduct- ed a public hearing on Tuesday, August 4, 2009 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- rtia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordinance No. 953 Art Ordinance of the -City Council of the City of Btaaumont, California) Amending Title 10 of the Beaumont Municipal Code Entitled "Vehicles and Traffic" It is the purpose and intent of these Ordinancesito de- fine curb markings that regulate stopping and parking at curbs, and es- tablish penalties for viola- tions; regulate the opera- tion of commercial vehi- cles on city streets, and establish penalties for vio- lations; and amend the ex- isting sections of the cur- rent Municipal relating to parking violations ansl their respective penalties for violations to address new State requirements for the transfer Of fees. Ordinance No. 953 was adopted at its second reading on September 1, 2009 by the following vote: AYES: Mayor FoX,,Ctlun- cil Member Dressel, Berg, DeForge and Gall NOES: None ABSTAIN: None ABSENT: Norte Date: September 25; 2009 • • Shelby Himeji - Deputy City Clerk Publish the Record No. 4313 10/2,.200 ORDINANCE NO. 954 AN ORDINANCE OF THE CITY OF BEAUMONT ESTABLISHING A 45 -DAY MORATORIUM ON THE APPROVAL OF THE COLLECTIVE CULTIVATION AND DISTRIBUTION OF MEDICINAL MARIJUANA WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS WHEREAS, the City of Beaumont adopted a General Plan Land Use Element which describes objectives, policies and programs dealing with the types of development desired during the life of said General Plan; and WHEREAS, General Plan Land Use Element requires the City to protect and maintain the character of residential neighborhoods which is uncertain given the City does not have standards relative to marijuana collectives and cooperatives and their potential effect in residential neighborhoods; and WHEREAS, General Plan Land Use Element requires the City to promote and enhance commercial economic diversity which is uncertain given the City does not have standards relative to marijuana collectives and cooperatives that may have the potential to detract from promoting commercial efforts; and WHEREAS, the City Zoning Ordinance is an implementation measure of the General Plan which provides zoning criteria for specific uses intended to carry out the polices and programs of the General Plan; and WHEREAS, the Zoning Ordinance does not provide specific development regulations or definitions relative to the use or placement of collectives and cooperatives intended for the cultivation and distribution of marijuana for medicinal purposes; and WHEREAS, the City has made a conscientious effort to plan for specific uses within all zone districts and to anticipate conflicts between competing land uses in order to protect the public's health, safety and welfare; and WHEREAS, the City has received several inquiries and requests for applications for medicinal marijuana cooperatives; and WHEREAS, the establishment of medical marijuana cooperatives without appropriate rules and regulations could result in the creation of negative secondary effects such as an increase in crime in the areas immediately surround such cooperatives; and WHEREAS, for the benefit of applicants and residents of the City alike, it is critical that appropriate regulations to implement the General Plan Land Use Element objectives and policies are established within the City's Zoning Ordinance; and WHEREAS, in order to allow time for the City to consider and study possible enactment of the implementing regulations, it is necessary to suspend the approval of medicinal marijuana collectives and cooperatives that may be in conflict with the development standards and implementing regulations the City intends to consider or study within a reasonable time; and WHEREAS, Government Code section 65858 allows the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the City Council, the Planning Commission, or the community Development Department intends to study within a reasonable time; and WHEREAS, the adoption of this interim ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061 (b) (3), certainty that there is no possibility that such adoption may have a significant effect on the environment; and because such adoption involves only feasibility and planning studies for possible future adoption of an ordinance that has no yet been prepared or adopted. NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Part 1. The City Council finds and determines as follows: (a) The above recitals are incorporated herein and are each relied upon independently by the City Council for its adoption of this urgency ordinance; and (b) The adoption of this Ordinance is exempt from the application of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections 15061(b), 15262 and 15306 of the State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq.; and (c) The City must protect the character of residential neighborhoods and promote and encourage commercial economic diversity under its General Plan Land Use Element; and (d) The City cannot ensure that the City's objectives and polices will be implemented properly without specific development standards in place; and (e) There exists a current and immediate threat to the public health, safety and welfare, and California Government code S 65858 authorizes the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with the contemplated general plan implementing regulations and development standard proposals that the City is considering or intends to study within a reasonable time; and (f) There is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and welfare with a less burdensome or restrictive effect; and (g) In order to ensure the effective implementation of the City's land use objectives and policies, a temporary moratorium on approval of medicinal marijuana collectives and cooperatives is necessary. Part 2. Imposition of Moratorium. (a) From and after the date of this ordinance, no use permit, occupational permit, variance, building permit, or any other entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment or operation of a medical marijuana collective or cooperative for a period of 45 days. (b) For purposes of this ordinance, "medical marijuana cooperative or collective" means any facility or location where a primary caregiver or qualified patient intends to make available, sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver in strict accordance to Health and Safety Code Section 11362.7(d) (2) and (3). The terms "primary caregiver," "qualified patient," and "person with an identification care" shall be as defined in Health and Safety Code Sections 11362.5 and 11362.7 et seq. (c) For purposes of this ordinance, a "medical marijuana cooperative or collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law; a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including but not limited to, Health and Safety Code Section 11362.7, et seq. Part 3. Effective Date and Term. This Ordinance shall take effect immediately upon its execution by the Mayor and certification by the City Clerk, and shall be in effect for a period of forty-five (45) days (July 6, 2009), unless repealed, amended or extended by further action of the City Council as provided in Government Code section 65858. Part 4. Expiration. Ten days prior to the expiration of this interim ordinance (July 6, 2009) or any extension thereof, the City Council shall issue a written report describing the measure taken to alleviate the threat to public health, safety and welfare that led to the adoption of the ordinance. Part 5. Publication. Within 15 days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published one time in a newspaper of general circulation within the City. MOVED, PASSED AND APPROVED this 19th day of May, 2009, by the following vote: AYES: Mayor Pro Tem Dressel, Council Member Berg, DeForge, and Gall NOES: None ABSENT: None ABSTAIN: Mayor Fox PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009, by the following vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge and Gall NOES: None ABSENT: None ABSTAIN: None ST: Shelby Hanvey, ieputy City City of Beaumont Certification 1 hereby certify that the foregoing Ordinance No. 954 was duly and regularly introduced at the Regular City Council Meeting bf May 19th, 2009 and adopted at a regular meeting of the City Council • the City of Beauinont held the 2nd day of June, 2009. Shelby Hanvey, eputy City CI THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance 954 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: -01-09 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Jun. 1, 2009 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 9855794 PO #: Agency #: Ad Copy: ORDINANCE NO. 954 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BEAUMONT ESTABLISHING A 45 -DAY MORATORIUM ON THE APPROVAL OF THE COL- LECTIVE CULTIVATION AND DISTRIBUTION OF MEDICINAL MARIJUANA WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DE- VELOPMENT STANDARDS AND DEFINITIONS WHEREAS, the City of Beaumont adopted a General Plan Land Use Element which describes objectives, policies and programs dealing with the types of devel- opment desired during the fife of said General Plan; and WHEREAS, General Plan Land Use Element re- quires the City to protect and maintain the character of residential neighborhoods which is uncertain given the City does not have standards relative to marijuana col- lectives and cooperatives and their potential effect in residential neighborhoods; and WHEREAS, General Pian Land Use Element re- quires the City to promote and enhance commercial economic diversity which is uncertain given the City does not have standards relative to marijuana collec- tives and cooperatives that may have the potential to detract from promoting commercial efforts; and WHEREAS, the City Zoning Ordinance is an imple- mentation measure of the General Plan which provides zoning criteria for specific uses intended to carry out the polices and programs of the General Pian; and WHEREAS, the Zoning Ordinance does not provide specific development regulations or definitions relative to the use or placement of collectives and cooperatives intended for the cultivation and distribution of marijuana for medicinal purposes; and WHEREAS, the City has made a conscientious effort to plan for specific uses within all zone districts and to anticipate conflicts between competing land uses in or- der to protect the public's health, safety and welfare; and WHEREAS, the City has received several inquiries and requests for applications for medicinal marijuana cooperatives; and WHEREAS, the establishment of medical marijuana cooperatives without appropriate rules and regulations could result in the creation of negative secondary effects such as an increase in crime in the areas immediately surround such cooperatives; and WHEREAS, for the benefit of applicants and resi- dents of the City alike, it is critical that appropriate reg- ulations to implement the General Plan Land Use Ele- ment objectives and policies are established within the City's Zoning Ordinance; and WHEREAS, in order to allow time for the City to con- sider and study possible enactment of the implementing regulations, it is necessary to suspend the approval of medicinal marijuana collectives and cooperatives that may be in conflict with the development standards and implementing regulations the City intends to consider or study within a reasonable time; and WHEREAS, Govemment Code section 65858 allows the City Council to adopt as an urgency measure an in- terim ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the City Council, the Planning Commission, or the commu- nity Development Department intends to study within a reasonable time; and WHEREAS, the adoption of this interim ordinance is exempt from the Califomia Environmental Quality Act (NCEQA') pursuant tosection 15061 (b) (3), certainty that there is no_possibility that such adoption may have a significant effect on the environment; and because such adoption involves onlyfeasibility and planning studies for possible future adoption of an ordinance that has no yet been prepared or adopted. NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Part 1. The City Council finds and determines as follows: (a) The above recitals are incorporated herein and are each relied upon independently by the City Council for its adoption ofthisurgency ordi- nance; and (b) The adoption of this Ordinance is exempt from the application of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections 15061(b), 15262 and 15306 of the State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq.; and (c) The City must protect the character of residential neighborhoods and promote and encourage commercial economic diversity under its General Plan Land Use Element; and (d) The City cannot ensure that the City's objectives and polices will be implemented properly with- out specific development standards in place; and (e) There exists a current and immediate threat to the public health, safety and welfare, and Cali- fornia Government code S 65858 authorizes the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with the contemplated general plan implementing regulations and development standard proposals that the City is considering or intends to study within a reasonable time; and (f) There is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the previously identified im- pads to the public health, safety and welfare with a less burdensome or restndive effect; and (g) In order to ensure the effective implementation of the City's kind use objectives and policies, a temporary moratorium on approval of medicinal manjuana collectives and cooperatives is necessary. Part 2. Imposition of Moratorium. (a) From and after the date of this ordinance, no use permit, occupational permit, variance, build- ing permit, or any other entitlement for use, in- cluding but not limited to the issuance of a busi- ness Incense, shall be approved or issued for the establishment or operation of a medical mari- juana collective or cooperative for a period of 45 days. (b) For purposes of this ordinance, 'medical mari- juana cooperative or collective" means any facil- ity or location where a primary caregiver intends to make available, sell, transmit, give, or other- wise provide medical marijuana to two or more of the following: a.gualiified patient or a person with an identification card, or a primary care- giver in strict accordance to Health and Safety Code Section 11362.7(d) (2) and (3). The terms "prima caregiver," "qualified patient," and Ver- son w� an identification care" shall be as de- fined in Health and Safety Code Sections 11362.5 and 11362.7 et seg (c) For purposes of this ordinance, a "medical mari- juana cooperative or collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law; a clinic licensed pursuant to. Chapter 1 of Division 2 of the Health and Safety Code, a health care fadlity licensed pursuant to Chapter 2 of Division 2 of the Health and Safely Code, a residential care fadlity for Division 2 of the Health and Shy Code, a residential care facil- ity for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as ssplong as any such use com- plies limited to, Health amend Saf Safety due Section 11362.7, et seq. Part 3. Effective Date and Tenn. This Ordinance shall take effect immediately upon its execution by the Mayor and certification by the City Clerk, and shall be in effect fora period of forty-five (45) days (July6, 2009), unless re : ealed, amended or extended by further action of the C' Coundl as provided in Govemment Code section 65 8. Part 4. Expiration. Ten days prior to the expiration of this interim ordinance (July 6, 2009) or any extension thereof, the City Council shall issue a written report de- scribing the measure taken to alleviate the threat public health, safely and welfare that led to the adoption of the ordinance. Part S. Publication. Within 15 days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published one time in a newspaper of general cir- culation within the City. PASSED, APPROVED AND ADOPTED this 19th day of May, 2009, by the following vote: AYES: Mayor. Pro Tem Dressel, Council Mem- ber Berg, DeForge, and Gall NOES: None ABSENT: None ABSTAIN: Mayor Fox -ss- Larry Dressel, Mayor Pro Tem ATTEST: -ss- Shelby Hanvey, Deputy City Clerk y of Beaumont Certification. I hereby certify that the foregoing Urgency Ordinance No. 954 was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Beaumont held the 19th day of May, 2009. -ss- Shelby Hanvey, Deputy City Clerk 6/1 5/26/09 ORDINANCE NO. 955 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BEAUMONT, AMENDING ORDINANCE NO. 954 ESTABLISHING A 45 -DAY MORATORIUM ON THE APPROVAL OF THE CULTIVATION AND DISTRIBUTION OF MEDICAL MARIJUANA WITHIN THE CITY OF BEAUMONT Whereas, the City Council adopted Ordinance No. 954, an Interim Urgency Ordinance establishing a 45 -day moratorium on the approval of the collective cultivation and distribution of medical marijuana within the City to allow the Council time to study and consider the enactment of the development standards and definition; and Whereas, the City Council has been informed and advised that attempts are being made to evade the Moratorium for the purpose of establishing medical marijuana dispensaries within the City that are not operated by primary care givers; and Whereas, the City Council hereby incorporates the provisions of Ordinance No. 954 herein by this reference as though set forth in full. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1: Ordinance No. 954 is hereby amended to expand the definition of "Medical Marijuana Cooperative or Collective" to include cooperatives, collectives and/or associations of qualified patients with or without primary care givers. Section 2: This Ordinance shall take effect immediately and shall be in effect until July 6, 2009, unless repealed, amended or extended by further action of the City Council as provided in Government Code, Section 65858. Section 3: Within 15 days after adoption of this ordinance, the City Clerk shall cause this Ordinance to be published one time in a newspaper of general circulation within the City. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall None None None SHELBY HANV , Deputy City erk CERTIFICATION 1 hereby certify that the foregoing Urgency Ordinance No. 955 was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Beaumont held on June 2, 2009. (SEAL) CITY OF BEAUMONT By SHELBY HANVEY, D.uty City Cle 2 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4800 Notice City of Beaumont Planning Commission and City Council STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 01/22 all in the year 2010. I certify (or declare) under penalty of per- jury hot. the foregoing is true and correct. signature Date 01/22/10 at Riverside, California. This space for County Clerk's Filing Stamp Legal Advertisement NO- TICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council will conduct public hearings with respect to the matter described below. The Planning Commission's public hearing will be held on Tuesday, February 9, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beau- mont, Califomia 92223. The City Council's public hear- ing on this matter will be held at 6:00 p.m. on Tues- day, March 2, 2010 in the Council Chambers at Beau- mont City Hall, 550 East Sixth Street, Beaumont, Califomia to receive testi- mony and comments from • all interested persons re- garding the adoption of the following matter(s):Plot Plan No. 10 -PP -01, Rezone 10-RZ-01 (Ordinance No. 955) and Negative Declara- tion No. 10 -ND -01, consid- eration of a request to con- struct a 88 unit low income senior apartment complex project Located southeast of the intersection of Xenia Avenue and E. 8th Street. (APN 419-160-005, 024; 419-170-016, 017, 018, 022, & 027) The total lot size is approximately 10.93 acres. Each unit will- have between 651 square feet and 832 square feet of liv- ing area. Ordinance No. 965 An Uncodified Or- dinance of the City Council of the City' of Beaumont, Califomia adopting a Zone Change to Re -zone 10.93 acres of land from R -SF (Residential -Single Family) to R -OB (Residential Over- lay Bonus). (09-RZ-01)The adoption of a Negative Dec- laration pursuant to the California Environmental Quality Act will be consid- ered, based upon the pro- posed finding that the pro- ject will not have a signifi- cant impact upon the envi- ronment. The applicant for this project is Andrew Wood. Date: January 20, 2010 Rebecca Deming Assistant Director of Plan- ning No. 4800 Publish The Record Gazette 01/22, 2010 6/3/09 ORDINANCE NO. 956 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA EXTENDING FOR 10 MONTHS 15 DAYS THE TERMS AND CONDITIONS OF ORDINANCE NO. 954, AS AMENDED BY NO. 955, DECLARING A MORATORIUM ON THE APPROVAL OF THE COLLECTIVE CULTIVATION AND/OR DISTRIBUTION OF MEDICINAL MARIJUANA WITHIN THE CITY TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS WHEREAS, the City Council has been informed and advised that the City has received several requests by members of the general public to establish what are commonly term "medical marijuana dispensaries"; and WHEREAS, the City Council has been informed and advised that at least one such dispensary may have been illegally established with the City within the last 90 days; and WHEREAS, there are several significant lawsuits pending in various California counties, testing the limits of the Compassionate Use Act of 1996, including a case pending in Orange County challenging the City of Anaheim's ban on medical marijuana dispensaries; and WHEREAS, the California Attorney General recently opined that medical marijuana dispensaries are not permitted under the Act, but that collectives, cooperatives and associations may be permitted, subject to compliance with the Act and reasonable time, place and manner restrictions imposed by cities and counties; and WHEREAS, the City Council has been informed and advised that several dozen California cities and counties have adopted regulatory measures which are remarkable in their lack of uniformity and which predate the Attorney General's Opinion; and WHEREAS, collecting and collating all of the regulatory measures enacted by other cites and counties has not yet been completed; and WHEREAS, the City Council has been informed and advised that, based on the information collected to date, the nature and scope of local regulation is significant and substantial, requiring additional time to analyze and develop useful regulatory alternatives for Planning Commission and City Council consideration; and WHEREAS, the City Council adopted Ordinance No. 954, as amended by No. 955, establishing a 45 -day moratorium on the approval of the cultivation and distribution of medical marijuana within the City; and WHEREAS, the moratorium is scheduled to expire on July 6, 2009; and WHEREAS, the City Council has the option of extending the moratorium an additional 10 months and 15 days pursuant to Government Code Section 65858; and WHEREAS, the extension of the moratorium will provide additional time for several key lawsuits to be resolved, including the City of Anaheim litigation, and for City staff and the Planning Commission to analyze and develop regulatory measures applicable to the cultivation and distribution of medical marijuana within the City of Beaumont; and WHEREAS, the City intends this moratorium extension to take effect immediately upon its adoption in accordance with Government Code Section 36934. NOW, THEREFORE, the City Council of the City of Beaumont does hereby ordain as follows: Section 1: The City Council adopts the recitals set forth above as legislative findings of the threat to public health, safety or welfare. The City Council further finds and declares that there is a need to extend the moratorium, subject to the findings and conditions contained in this Ordinance. If the cultivation and distribution of medical marijuana is to be allowed to be established without appropriate regulation, such operations could potentially have an adverse effect on public health, safety and welfare. Moreover, there are pending significant legal cases that, once decided, would provide important new legal guidance. Therefore, based upon the foregoing, the City Council does hereby declare that it is necessary to extend the moratorium established by Ordinance No. 954 as amended by No. 955 in order to protect the public health, safety and welfare until the Planning Commission can consider, and City Council can adopt regulations concerning the cultivation and distribution of medical marijuana. Section 2: The City Council hereby finds, determines and declares that the following conditions exist which require the extension of the moratorium established under Ordinance No. 954 as amended by No. 955: a. Numerous other cities in California have adopted ordinances prohibiting or heavily regulating the cultivation and distribution of marijuana, and because a significant portion of the Southern California region has prohibited or heavily regulated such cultivation and distribution, and because there have been a number of recent inquiries regarding the establishment of medical marijuana facilities within the City, and because of the rumored establishment of an illegal operation, there is a substantially increased likelihood that such establishments will seek to locate in the City of Beaumont; b. Medical marijuana facilities are currently attempting to locate and operate in many cities of the State without the benefit of local regulation; c. The City currently does not have standards in its Municipal Code relating to the regulation of the location, operation and concentration of medical 2 marijuana facilities and imposing other reasonable time, place and manner restrictions; d. Absent the adoption of this Ordinance, the establishment and operation of medical marijuana facilities in the City of Beaumont would result in negative and harmful secondary effects other cites have experienced; e. As a result of legal conflicts concerning the establishment of medical marijuana facilities, coupled with the potential and harmful secondary effects associated with such facilities and the potential threat such effects would pose to the public health, safety and welfare, as well as the potential zoning conflicts that would be created by unauthorized medical marijuana facilities, it is necessary to extend the moratorium pending resolution of the legal conflicts, completion of the City's study of the potential impacts of medical marijuana facilities and the development of possible amendments to the City's Municipal Code. Section 3: Because the unregulated establishment of medical marijuana facilities poses a potential and substantial threat to the public health, safety and welfare and undermines the benefits of the City's General Plan and Zoning Ordinance because the City lacks standards regulating medical marijuana facilities, it is necessary to enact this Ordinance as an urgency measure to become effective immediately upon its adoption. Section 4: The City Council finds that, in accordance with the provisions of Ordinance No. 954, City staff commenced studies pertaining to the proper regulation of medical marijuana facilities within the City and that the City Council, at its special meeting of June 30, 2009, received the City staff's written report describing the measures taken and to be taken to alleviate the conditions. Section 5: The City Council finds that, in accordance with the terms and provisions of Section 65858 of the Government Code, and following notice given in the time and manner required by law, it held a public hearing on the extension of Ordinance No. 954 on June 30, 2009. After hearing all applicable evidence, the City Council finds that the conditions and findings cited in Ordinance No. 954, as amended by No. 955, continue to exist and that further studies by City staff and hearings by the Planning Commission are necessary in order to regulate the establishment of medical marijuana facilities in the City. Section 6: The City Council, therefore, hereby declares an extension to the existing moratorium and ordains that Ordinance No. 954, as amended by No. 955, be extended for an additional term of 10 months and 15 days, terminating on May 15, 2010. Section 7: The moratorium established herein shall apply to the acceptance, processing or issuance of any zoning permit, use permit, building permit, occupancy 3 permit, or other entitlement for the establishment and operation of medical marijuana facilities established for the collective cultivation and/or distribution of medical marijuana in any residential or non-residential zone. Section 8: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and extension of the moratorium hereby, may have a significant effect on the environment, because the moratorium will impose greater limitations on development within the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Section 9: 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 or invalid or effective by any court of competent jurisdiction, such holding shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase irrespective of the fact that any one or more of them may be declared unconstitutional or invalid or ineffective. Section 10: The City Clerk shall certify the passage and adoption of this Ordinance and its approval and execution by the Mayor and shall cause the same to be published in a newspaper of general circulation as required by law. PASSED, APPROVED AND ADOPTED this 30 day of June, 2009, by the following vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: By SHELBY HA th EY, Depu City Clerk CITY OF BEAU ONT JEFF OX, Mayor 4 CERTIFICATION 1 hereby certify that the foregoing Urgency Ordinance No. 956 was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Beaumont held on June 30, 2009. By (SEAL) CITY OF BEAUMONT 1 S ELBYHA EY, Depu ity Clerk 5 STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: JUNE 12, 2009 SUBJECT: STATUS REPORT RE: STAFF INVESTIGATION OF MEDICAL MARIJUANA ALTERNATIVE Background On April 21, 2009, the Council adopted Ordinance No. 951 prohibiting the establishment of medical marijuana dispensaries in the City. In doing so, the Council assured the public that due consideration would be given to collectives or cooperatives as an alternative to dispensaries. On May 19, 2009, the Council enacted Ordinance No. 954, an interim urgency ordinance establishing a 45 -day moratorium on the approval of collectives and cooperatives, in order to give staff and Council time to collect the most current information available and to formulate a legislative options package. The moratorium is to expire on July 6, but staff is recommending that the moratorium be extended in order to provide the additional time necessary to choose the preferred alternative, prepare the documentation necessary to proceed with it, to publish the required notices, and to take the necessary legislative action. Recommendation The staff recommends the adoption of Ordinance No. 956, to extend the moratorium for the reasons expressed above. In the meantime, the staff has prepared the following Status Report for the Council's consideration and to provide the basis for further direction to staff. Status Report I. Background Information Proposition 215, the "Compassionate Use Act", was approved by the voters in 1996. The Act authorizes the use of marijuana for certain medical purposes. The Act was challenged in the Courts and the California Supreme Court upheld the Act, holding that the possession of marijuana for medical purposes was a defense to criminal possession charges. The Act does not legalize marijuana, not even for medical users. What it does is provide a defense against criminal prosecution of those who are "qualified patients" and "primary caregivers." A "qualified patient" is a person whose physician has "recommended" the use of marijuana to treat cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, "or any other illness for which marijuana provides relief." The "recommending physician" is not required to issue a written recommendation. In other words, a physician may verbally designate a patient as a "qualified patient." Although Counties are obligated by the Act to issue medical marijuana identification cards, the "qualified patient" is not obligated to obtain such a card; the ID card system is voluntary. A "qualified patient" may possess up to 8 ounces or 12 plants, or as much marijuana as the doctor recommends is necessary to meet the patient's needs. Obviously, "qualified patients" can grow and process their own marijuana in the privacy of their homes, under the Act. However, the Act also authorizes "qualified patients" to obtain marijuana from "primary caregivers." "Primary caregivers" are defined as individuals who have "consistently assumed responsibility for the housing, health, or safety" of the patient. Therefore, primary caregivers are also immune from possession, cultivation and distribution, and may be compensated for their services by their "qualified patient(s)." Since the passage of the Act "dispensaries" have been established in a few areas of the State (mostly in Northern California), taking the form of a storefront operation run by a "primary caregiver" who would sign up "qualified patients", and operate the "pharmacy" on a "for profit" basis. Such dispensaries are not recognized under the Act. The Court of Appeal in People v. Peron (1997) 59 Cal.App.4th 1383 held that someone who merely maintains a source of marijuana doesn't automatically become the party "who has consistently assumed responsibility for the housing, health or safety" of the purchaser. In that case, Mr. Peron was operating a "cannabis club" who merely required patients to complete a form summarily designating him as their "primary caregiver", and then offering marijuana in exchange for cash "donations." Mr. Peron turned out to be the "primary caregiver to `thousands of patients." II. Medical Marijuana and the Current State of the Law The most significant legal issue involves the conflict between the State Act and federal law, which lists marijuana as an illegal drug. The U.S. Supreme Court has issued several important rulings, two of which stand out: 1. In Gonzales v. Raich (2005) 125 S.Ct. 2195, the Court held that the categorization of marijuana as "medical" is not recognized as an exception under federal law, where it continues to be classified as a "Schedule I" drug, and there is no such exception to its illegality at the federal level. 2. City of Garden Grove v. Superior Court (2007) 157 Cal.App.4th 355, in which the U.S. Supreme Court refused to review the California Court's ruling that police officers are obligated to return marijuana after seizure from persons proven to be "qualified patients." Most recently, the U.S. Supreme Court again refused to act on an appeal from California in the case of San Diego County v. San Diego NORML and San Bernardino County v. State of California, in which the California court held that the Counties must establish and issue identification cards to persons who had recommendations from doctors to use marijuana as medicine, when such cards are requested. Consequently, there is confusion between Federal and State law, but there may not be a true legal conflict between Federal and State law merely because they treat marijuana differently. This is because the Compassionate Use Act does not "legalize" medical marijuana, but instead exercises California's reserved power to not punish certain marijuana offenses under State law, if a physician has recommended its use to treat a serious medical condition. In other words, neither Federal nor State law legalizes marijuana, but the State has the right to pass a law that provides a legal defense to the possession and use of marijuana for medical purposes. As if to emphasize the lack of conflict, the U.S. Attorney General under the Obama Administration recently stated that the Federal government will not commit resources to prosecute medical marijuana usage, as long as such usage is in compliance with state law. Nevertheless, and not intending to confuse anyone, even though a "legal" medical marijuana user under California law cannot be prosecuted, that individual could still be prosecuted under federal law. That fact complicates matters, because Government Code Section 37100, which governs the City of Beaumont, states that the City Council may not pass an ordinance that conflicts with federal laws. Since the distribution of marijuana violates federal law, whether in a dispensary, cooperative or collective, passing a zoning ordinance which allows such operations would still be in violation of U.S. law and, therefore, prohibited under Government Code, Section 37100. To put the matter more bluntly, if, for example, the City was authorized by the Council to become involved in the cultivation and/or distribution of medical marijuana, it is likely that the Council members and, perhaps, senior City staff, could be prosecuted under federal law. The possibility of legal enforcement against the Council was recognized by the City of Santa Cruz. In an Ordinance adopted by the City of Santa Cruz authorizing the formation of a City Department known a the "Office of Compassionate Use", the Council stayed the implementation of the Ordinance and the formation of the Office "until such time as a court of competent jurisdiction has issued a final order finding such activity (cultivating, obtaining, possessing or distributing marijuana by the City" to be permissible under federal law. The ordinance was adopted in 2005, but the City Office has yet to be established. III. Options Available to the City Here are some options that staff has identified as available to the City: Option No. 1: Ban Perhaps two dozen or more Cities have banned the cultivation and distribution of medical marijuana altogether. Although some ordinances have been challenged in court, none have yet been invalidated, for several reasons: 1. The Compassionate Use Act provides that "nothing in (this) section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes." 2. Nothing in the Act or any of the cases construing the Act, suggests that cities have an affirmative obligation to permit medical marijuana. 3. Ordinances banning medical marijuana use include extensive findings detailing the numerous adverse secondary impacts associated with the availability of marijuana for "medical" use, including increased criminality, loitering, drug abuse, traffic and noise impacts. The California Police Chiefs Association has compiled an extensive report detailing the negative secondary effects associated with medical marijuana. A copy of the Association's report was previously given to the Council. The City of Anaheim is presently engaged in litigation filed by a patients association represented by Mr. Anthony Curiale, the same lawyer who is representing the Beaumont Patients Collective Association. The case is presently on appeal and oral argument is scheduled for August 2009; the ruling is expected shortly thereafter. Staff spoke to both lawyers in the case, and both expressed optimism. The key issue is whether a city has an obligation to accommodate medical marijuana facilities within its jurisdiction. A ban will not necessarily have the effect of prohibiting the cultivation and medical use of marijuana by an individual. Anecdotal evidence suggests that "home grown" marijuana is relatively wide spread and, presumably, is fulfilling the needs of "qualified patients" who do not have access to dispensaries or cultivation cooperatives. Option No. 2: A Temporary Ban through an Extended Moratorium The City's present moratorium, which expires on July 6, can be extended for an additional 10 months and 15 days (for a total of one year), and then extended again for 12 months thereafter, for a total of 24 months. Because the 45 -day moratorium presently in effect is insufficient time to take any final action, staff recommends that the moratorium be extended for the 10 -month, 15 -day period. The extension, of course, can be terminated before then at any time, or at such time as the Council has taken final action on the preferred Option. The "moratorium" option appears, for now, to be the preferred Option, at least for the near term. Although 13 years have passed since the enactment of the Compassionate Use Act, the many issues the Act presents remain largely unresolved and litigation is on-going. Until this past month (May, 2009), the City has been completely bypassed by the controversy. No one in the City can recall ever receiving an inquiry concerning the establishment of a medical marijuana dispensary or cooperative. In May, however, the City received perhaps a half dozen inquiries, and the sudden interest probably reflects the media publication of the recent Supreme Court decisions and pronouncements by the Obama Administration. Beyond giving staff and the Council additional time to develop a response to the issue, the extension of the moratorium will allow the City to await the outcome of several important pending lawsuits involving other municipalities, and to determine whether the League of California Cities or the State Legislature will take a lead in developing a unified, or different, approach to the issue. Extending the moratorium will not prejudice qualified patients. Without any action on the part of the City, State law allows qualified patients to cultivate, possess and use marijuana. Given the lack of interest by qualified patients in the last 13 years (as compared to a relative "flood" of interest by would-be dispensary operators), presumably the qualified patients are successfully addressing their medical needs without a local regulation. Option No. 3: Adopt a Regulatory Ordinance, With or Without Zoning Restrictions Unfortunately, neither the Compassionate Use Act nor the State Legislature through subsequent enactments provides any uniform guidance with respect to the regulation of medical marijuana. Consequently, there is a broad range of regulatory examples among the cities statewide. Range of Alternatives A. "Dispensaries" v. "Cultivation Cooperatives" Staff has found that most of the cities that have adopted an ordinance addressing medical marijuana have leaned towards the regulation of "dispensaries", which are frequently defined as facilities or locations where the primary purpose is to dispense marijuana as a medication, whether for profit or non-profit. Most ordinances refer to such dispensaries as being operated by an association, cooperative or collective of "qualified patients" and "primary caregivers" (examples: Santa Barbara and Santa Rosa), but at least one ordinance treats the dispensary as a business enterprise without reference to caregivers and patients (example: Whittier). On the other hand, a minority of cities apparently ban the "dispensary" as a business enterprise and, instead, regulate the cultivation and distribution of marijuana by the patients and caregivers themselves. Examples include the Cites of Santa Cruz and Berkley, and the County of San Mateo. A third variation is the regulation of dispensaries operated by cooperatives or associations, which regulations mention, but do not address in any detail, the cultivation of marijuana as the source of the product dispensed by the dispensaries. An example of this type is the City of Palm Springs. B. Summary of Ordinances of Other Cities 1. Examples of Dispensaries: Citv of Whittier: Authorizes the establishment of "medical marijuana clinics", Whittier's term for "dispensary." It authorizes "any business or enterprise, whether or not operates for profit, intended to serve as a means of distributing or providing marijuana for medical purposes" in the "C.O. zone" with a minimum of 500 -foot spacing from schools, residential areas and parks. The clinics may be open from 6:00 a.m. to 10:00 p.m. and the operators and employees must be background checked by the Police Department. Security for the clinics includes uniformed guards, one for each 1,000 square feet of building space or portion thereof. The ordinance does not mention "primary caregivers" or "qualified patients", apparently expecting those matters to be regulated by the clinic operator. City of Santa Barbara: Authorizes dispensaries by permit, in the C-2 or C -M zones, in storefront locations, maintaining a 500 -foot spacing from schools, parks and residential areas. The City requires the applicant to prepare and file a detailed dispensary application and to comply with numerous business operation conditions, including the obligation to pay sales tax. Any violation of the dispensary permit could result in a revocation hearing conducted by the City Planning Commission. City of Santa Rosa: Treats dispensaries as retail distribution businesses which operate under annual permits that must be renewed each year. No more than two dispensary permits are issued at a time, each such permit authorizing the clinic operator to serve up to a maximum of 500 patients per month, although if the demand is apparent, additional permits can be issued at the discretion of the City Manager. Dispensaries must be located within commercial and industrial zones, at least 500 feet away from youth oriented facilities and residential zones. Operating hours range from 8:00 a.m. to 5:00 p.m., to 8:00 p.m. on certain days of the week. The dispensary site must be equipped with a "buzz -in" electronic entry system, manned with security personnel and patients must have written recommendations from their physicians. Consumption, retail sales and cultivation at the site is prohibited. Dispensaries must submit floor plans, provide specific signage, and maintain employee and patient records. The ordinance is extremely detailed. City of Jackson: Authorizes the City Manager to issue not more than one dispensary permit per year to applicants who must submit to background checks by the Police Department. Dispensaries must obtain a City business license, and may either distribute or cultivate, or both, but not for profit. Although dispensaries are authorized to cultivate, cultivation cannot occur on the premises and it is not clear where cultivation takes place. Dispensaries themselves are permitted only in the C-2 and the M-1 and M-2 zones, subject to the issuance of a Conditional Use Permit. Dispensaries must be spaced at least 1,000 feet from other dispensaries, schools, libraries and parks as well as other youth -oriented establishments. City of Roseville: The City issues one-year permits through the Chief of Police, renewed annually by the Chief upon application, although the Chief may refer an application to the City Council at his/her discretion. Employees of the dispensary operator must register with the Police Department and the dispensary is required to maintain a register of employees for inspection by the PD. The dispensary must also maintain records of its patients and primary caregivers. No consumption or cultivation is permitted at a dispensary site. City of Palm Springs: Although Palm Springs defines a "cooperative or collective" as five or more qualified patients and caregivers who collectively or cooperatively cultivate and share medical marijuana, the ordinance is essentially a "dispensary" ordinance and little mention of cultivation is made other than in the definition of a cooperative or collective. Apparently in an effort to get control of what was becoming a proliferation of dispensaries (reputedly, seven) and mounting legal expenses incurred in connection with efforts to shut at least two of them down, the City adopted a "lottery" approach to the establishment of "cooperatives" or "collectives." Only two such operations may exist in the City at any given time, and to inject some fairness in the selection process, the City ordinance establishes a lottery system. An applicant must submit a detailed plan of operation that includes an estimate of the size of the group to be served by the "cooperative" or "collective", a site plan and security plan, and background checks. The qualified applications are to be considered by the City Council at a public hearing and the two highest ranked applications will be granted permits to operate in the City. The successful applicants agree to indemnify the City and obtain liability insurance naming the City as an additional insured. The successful applicants must also agree to reimburse the City for any litigation expenses incurred in any lawsuit involving an approved cooperative or collective. The approved cooperatives must maintain patient records which are subject to City inspection. Although cooperatives may not engage in commercial activities and cash transactions are prohibited, food products made of marijuana are permitted to be provided, but no on-site smoking or consumption of alcohol is allowed. Sales tax must be collected. Inventory records must be maintained. The City reserves the right to conduct announced inspections and, in the event of any violations of the City ordinance, the City Manager may revoke a permit, which may be appealed to the City Council. 2. Examples of Collectives/Cooperatives: City of Berkley: limits the number of dispensaries to three within the City, with 1,000 foot spacing between dispensaries and dispensaries and schools. It authorizes cultivation collectives by patients, without or without caregivers. It establishes a "Peer Review Committee" which consists of two persons from each of the three dispensaries, formed for the purpose of overseeing the operation of the three dispensaries and ensuring compliance with operational and safety standards that are published by the Committee itself. Finally, the City ordinance mandates specialized police training geared toward harmonious relations with the dispensaries. County of San Mateo: The County authorizes the establishment of "medical marijuana collectives" formed "to cultivate and/or store marijuana for medical purposes." Such collectives are required to obtain a business license and a "collective license" which allows such collectives to establish themselves in any area of the County, so long as "the proposed location will not adverse affect the economic welfare of the nearby community." The County's collective license includes such conditions as bans on advertising, minimal exterior signage, a comprehensive security system, prohibits cooking, sale, preparation or manufacturing of marijuana enhanced products, bars the sale of cultivated marijuana on site, limits the site to the cultivation and/or storage of marijuana, which must be conducted completely indoors and for which no money or any other thing of value may be exchanged for marijuana, except for compensation of the individual(s) actually doing the cultivation. There are numerous other conditions and prohibitions, all designed to ensure that the operation maintains the lowest possible profile in the community. City of Santa Cruz: This is essentially a cultivation ordinance which does little in the way of regulation, but does affirmatively "recognized" (and thereby encourages) the establishment of cultivators who maintain records. The City's involvement in the area of cultivation grew out of a local private enterprise formed in 1993, the Wo/Men's Alliance for Medical Marijuana ("WAMM"). WAMM is essentially a large-scale cultivation operation that serves hundreds of patients and provides professional assistance to others seeking to establish a similar operation in their own community. It appears that the WAMM model has been politically acceptable because, unlike state law, requires written recommendations from physicians, medical ID cards and other documentation that helps ensure that the marijuana does not fall into the wrong hands. Santa Cruz limits cultivation to plots having a maximum of 100 square feet (10 feet x 10 feet), presumably per patient. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4312 Notice Beaumont City Council Ordinance No. 956 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/02 all in the year 2009 I certify (or declare) under penalty of per- ju i t the foregoing is true and correct. / / /,,,e.......c.t....=:--__ 10,....kir_ signat re Date 10/02/09 at Riverside, California. This space for County Clerk's F1/411;- Legal- - AcIvertIsetnent, NOTICE IS HERESY GIV- EN, that the Beaumont City Councilwilt conduct- ed a public hearing on Tuesday, June 30,2009 at approximately 600 p.m. in, the room 5 at the Beau, mont Civic Center, 550 E. eh Street, Beaumont, Cal- ifornia 92223, to receive teatimony and comments from all interested persons regarding the amendment of the following ordinance. Urgency - Ordinance No. 956 was adopted* a 5/0 vote. ORDINANCE NO. 956 AN URGENCY ORDI- NANCE OF THECITY .COUNCIL OF ThE- CITY OFBEALINIOn CALIFORNIA: INGFOR 10DAYS METER CONDITIONS OF OM* MANCE NO. 954, AS AMENDED BY NO.955, DECLARING A -MORA- TORIUM ON THE AP- PROVAL OF _THE COL- LECTIVE_CULTIVATION AND/OR DISMIIIMON OF MEDICINAL MARI- JUANA WITHIN - THE CITY TO ALLOW THE CITY -COUNCIL TIME TO STUDY AND CONSIDER ENACT. MENT OF DEVELOP- MENT STANDARDS WHEREAS, the City Council has been in- formed and advised that the City has.received sev- eral requests by members of the general public to es- tablish whatare CornMonly term "medical marijuana dispensaries"; and WHEREAS, the City Council has been in- formed and advised that at least One such dispensary may have been iliegaily established ,with, the City within the, last 90 days; and -,— WHEREAStithere are sev- eral sicjai9cant'lawsuits PendincSin various Califor, nia comities, testing the limits of the Compassion- ate Use ftt of 1996, in- Government Code Section cluding a case pending in 65858; and - - Orange CoAr4 WI*EREAS.,the extension ing,the City,of Anaheim's of the mOratoiUTTI will pro- baiv011'medieid marijuana vide—dItIOfl1 time lor dispensaries; and several keyWSUIt8:40- be WHEREAS, the Callfornia the Attorney, Gemara, recently opined that medical mad- juanadispensariesare-not OPPlica UL OS eratives and associations ble, 10 theeaItIvatiofl and may -be -Permitted, Subject diatrtakon of medical to compliance, with the Act misquana within the City and reasonable time, of-Sealanont;-and- place-and- manner restric- WHEREAS, . the City in - tions imposed by cities tends'thkk moratorium ex-. and (*unties; and tension *take 'effect WHEREAS, the City mediatelY uPon sdoP" Council has been formedand adviset that several dozen California cities and counties have adopted regulatory meas- ures which are remarkable in their lack. of uniformity and which predate the At- torney General's Opinion; and WHEREAS, collecting and collating alt of the regula- tory measures enacted by other citesand counties has not yet -been complet- ed; and WHEREAS, the City Councit .. has beerr in- formed and advised that, based on the . information collected to .date, the na- ture and scope of local regulation is significant and substantial, requiring additional time to analyze and devebp useful feigula- tory alternatives for Plan- ning Commission and City Coancil consideration ; and WHEREAS,_ - theCity COuncil adopted Ordi- nance No. 954,- as amend- ed by No, 955, establish- ing a 45 -day moratorium on the **royal of tfis tul- tivatkin and -distribution of medicat marijuana withinMoratoriUm established by the City- and ' , Ordinance" No. 954 as bon in ac�rOa Government Code Section 36934. - NOW, -THEREFORE, the OltyCOUflCil of -the City- of .1;0 does hereby or- dain as folictis: - SoctlintetlibeCity Coun- cil -adopts the recitals( set forth _time, as legislative findings of the threat to public health, safety or welfare, .The City Council further finds and declares that there is a need to ex- tend the moratorium, sub- ject to_ the findings and conditions contained in this Ordinance. if the cul- tivation and/distribution of medical marijuana is to be allowed to be established without appropriate regu- lation, such operations could potentially have an adverse effect on public health, safety and welfare. Moreover, , there are pend- ing signifkuint legal- cases that, oticedettided, would prewide ittiratarit new le- 04,goidance. Therefore, based upon the foregoing, the - City . COLIfiCil does hereby..dalare that it is necessary to extend -the WHEREAS; the-moratori- Lim isscheduled to expire on July 6, Mk -and WHEREAS, the City Counchasibe option of 1 10 months days pursuant to 43. the publie ifety and welfare untiFthe'Planning Com- . pan consider, and -Council can adopt restilations concerning the cultivation and distribution by No. 955 in or- IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4312 r Notice Beaumont City Council Ordinance No. 956 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/02 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. .!..t4,.._ / .• ' ...r. ,-.r - ... 911 signature Date 10/02/09 at Riverside, California. his space for County Clerk's Filing Stamp of medical marijuana. associated with ch f The CI'ty,C ifl- a s- a the: at cil hereby- finds, , deter- ea a-`` =� mines . and .-dectar that pose,io the the . following conditions s which u e e ex-- as ' '� 1 zoning exist: . -.� moratorium " $ "be are. tension.. of - i established under- nance. No. •954- as amend"'' medidal maribgina ,faces ed:by No. 955; ties, itis ;tenc- a. Numerous other cities in tend the p California have adopted ing resolution' c lithe -.1,64 ordinances prohibiter or co f ts, c omply of the heavily- regulating the .c ulti- Citostimy orthepoterstiat vation and distribution of imps of resdicicmarl,. marijuana, and lam ajuana ya fld thilt pis significant portion of the velopiTlent possible Southern California region amendments- to the 's has prohibited or heavily Municipal Cgide regulated such cultivation, Section, = 3 Because -. the and distribution, and be- unregulated estlishment cause there have been a of mediCal marijuana f-- number of recentinquiries ities poses a wipoloikftlaterid `shall apply, is ahs regarding the establish- subst an r . at .the - ance, . processing or � accept- ment of medical marijuana p� r health, s . nuance. of any zoning per - and and- dermin is - facilities � <withirr, � the � City, - Permit, ' � building and because of the-. the, benefits . of the City's mit, , use mored establishment of an Cent" Pin arid. ming ..permit, illegal operation, there is -a Ordinance. " because the o, other entitlement for the .:. substantially ;increased Cityt lacks standards regu- �,.��� opera - likelihood nt and likelihood that such estab- lating medical marijuana t lishments will seek to lo- facilities, itis necessary to facilities established for the: �ocalte cultivation tate ' in the City: of : Beau- enact this Ordinance as an mont; urgency ire to beancVordiskibution o rfmed- b. Medical marijuana facil- come effective:,!Marijuana te- - _in anY ; � ities -are. currentlyattempt. 1� its adoption. or -non-residential. ing 10 locate and operate i The -City: Coun- mne The Cly -Eoun- in many cities of the,State cil finds •that :.in `acc or- it can without the benefit of: local dance"rte the ixovisions tilherebY finds that, a E�inanoe t 954 C' be s `certainty that. regulation;: - - � there is .� �ppasibility,-.the c. ,City currently does staff commenced studies �t n o Possot is y the not have standards in. its pertaining to the proper naive, and:extension of Municipal Code relating to regulation of medical mad_ hereb , the regulation of the lour: juana�i facilities within;: the the moratoriumY -l�tave ei tion, operation City: and that= _ - the City � �. nt e - . "` few--8mrirc�ment centration of medical marl- Council, at �. its special tm xth , juana facilities and knpos- meeting ofJune 36 2009 -because the, moratorium ing other reasonable *rook received the' Cid Staff wtr atexa- place and manner nests written rePort'dc'9 ties; the "mimes taken and to d. Absent the adoption : of be taken to alleviate the this Ordinance, the estab- cordons lishment and operation of, . . The City Cottn- medical . mina. f li- • cil finds that, in accor- ties in. the City of Beau- with the terms and mont would resu t provisions of _ Section tive and harmful -sited 65858 of the Government and. findings cited in Ordi- nance No. 954, as-amend- ed..by No. -955, continue to exist and that further -stud- ies'by .-City; Staff -and hear- ings by ttia Plimnirib_=Corn- rntsn-are necessary in order to regulate the es- tablishment :of. medical marijuana facilities in the City. Section,6; T# a City Coun- cil, :therefore,• hereby de- clares' an extension'to_the existing moratorium and ordains :that Ordinance No. 954, . as amended by No. 955, be extended for an additional teem of 10 months and -15 days, ter- minatingon May 15, 2010. Section _7 The moratori- um established herein S 1)n., : development vin the City, ;andwill the, to reduce PetenlialsigrIfficant ad - versa w l irn- ';fes 14, ( 3) ni the =of Regula- *. subdivision,any _section, • lir , -sentence, ., dt rare ary effect tsother atm have Code, andf i no� experienced;given in the -time -and man- �. .. taw,.. it he�C# ticats- e. Asa rte, ner;reduired by public hearing -on the ex fliczts � concerning ::the _ a Au tabli er tension Ordnance.. No. ti ecu- j on ,' 2009. :Af POO } , e ter all applicable of this dairy, effects evidence, the City `=Council Ordiriartce or any part finds that the . conditions thereof is, for . any IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4312 Notice Beaumont City Council Ordinance No. 956 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/02 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. / / , ,, signature Date 10/02/09 at Riverside, California. This space for County Clerk's Filing Stamp held to be unc onstitut>onal or invalid• or e , y any court of competent 3u-'risdiction, wdh holding shall not affect the .Validity. or effectiverie of the re- maining -cif this p Ordinance or any part thereof. Th&City Council hereby declares that it would- have passed- each section,- subsection, subdi- vision, paragraph, sen- tence, -clause .or phrase ir- respective of the fact that any one or more of them may be declared Unconsti- tutional or invalid or inef- fective. Secti n iO The City Clerk shall certify the passage and adoption of. this Ordi- nance and its approval and execution by the May= or and shall cause the same to be puishedin a newspaper- of general cir- culation as required by law: PASSED, APPROV D AND ADOPTED this 30. day of June, 2009, by the following vote: AYES:'Mayor Fox, Coun- cil -Member Gressel, Berg, DeForge, and Gall NOES:1+ -one ABSTAIN: None ABSENT: ` None e CITY OF BEAUMONT JEFF FOX, Mayor Publish the -rd Gazette No. 4312 10/2, 2009 ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CERTAIN SECTIONS OF CHAPTER 8.32 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "NUISANCES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Sections 8.32.300 through 8.32.350 of Chapter 8.32 of the Beaumont Municipal Code, entitled "Nuisances", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Section 8.32.495 is hereby amended to Chapter 8.32 of the Beaumont Municipal Code to read as specifically provided for in Exhibit "B", which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of September , 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 6th day of October , 2009, upon second reading by the following roll call vote: AYES: mayor Fox, Council Members DeForge, Berg, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Dressel ATTEST: Deputy City Cler CITY OF BEAUMONT By JEFF' FO Mayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 957 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 9/1 , 2009, and was duly adopted upon a second reading on 10/6 , 2009, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT 2 Exhibit "A" 8.32.300 Order to Abate Public Nuisance. If the Police Chief, Fire Chief, Building Official, Health Officer or City Manager finds that any premises constitutes a nuisance and determines that City abatement thereof is necessary to protect the public health, safety, or welfare, the City Manager shall cause to be prepared an Order to Abate Public Nuisance stating in detail the condition which renders the premises a public nuisance. The Order shall set forth the street address, the assessor's parcel number or other appropriate method of determining the location of the nuisance. Such Order shall be in substantially the following form: ORDER TO ABATE PUBLIC NUISANCE To all persons having any interest in the premises having assessor's parcel number and commonly known as in the City of Beaumont: Your attention is hereby called to the provisions of Sections 8.32.000 through 8.32.545 of the Municipal Code of the City of Beaumont, California, on file in the office of the City Clerk in the City Hall located at 550 East Sixth Street, Beaumont, California. Pursuant to the provisions of said Sections, you are hereby notified that certain unsafe, dangerous, hazardous or obnoxious conditions have been declared a public nuisance by the Police Chief, Fire Chief, Building Official, Health Officer or City Manager. Said nuisance must be abated by the removal or repair of said unsafe, dangerous, hazardous or obnoxious conditions as follows: If such action(s) are not completed within days from the date of this Order, the City of Beaumont will remove or repair such conditions and will abate the nuisance, in which case the cost of such removal or repair and abatement shall be assessed upon the premises on which said conditions exist, and such costs will constitute a lien upon such premises unless and until paid in full. Right to Hearing YOU HAVE THE RIGHT TO A HEARING REGARDING THE REQUIREMENTS OF THIS ORDER BY FILING A WRITTEN REQUEST FOR HEARING WITH THE CITY CLERK IN ACCORDANCE WITH SECTION 8.32.345 OF THE MUNICIPAL CODE WITHIN 10 DAYS AFTER THE DATE OF SERVING, MAILING, PUBLISHING OR POSTING OF THIS ORDER TO ABATE PUBLIC NUISANCE, WHICHEVER IS LATER. Date: Code Enforcement Officer City of Beaumont 8.32.310 Service of notice - Persons to be Served. The City Manager shall cause copies of such notice to be served upon each of the following: A. The person, or persons, if any, occupying or in real or apparent charge and control of the premises involved; and B. The owner of the premises as shown on the most recent tax assessment; C. Any other person or persons known by the City Manager to have an ownership or leasehold interest in the premises. 8.32.320 Service of Order - Manner of Service. The Order shall be served as follows: A. The person, or persons, if any, at least 18 years of age and occupying or in real or apparent charge and control of the premises involved shall be personally served if reasonably possible. If personal service cannot with reasonable diligence be accomplished, then the Order shall be mailed, certified, return receipt requested, to such persons at the address of the premises. B. The owner of the premises as shown on the most recent tax assessment roll and any other person or persons actually known to have an ownership, leasehold or other interest in the premises shall be personally served if reasonably possible. If personal service cannot with reasonable diligence be accomplished, then the Order shall be mailed, first class mail, postage prepaid, to such persons at their last known address. C. If no address is known, then the Order shall be mailed to such persons at the address of the premises involved and the Order shall be published in a newspaper circulated within the City and one certified copy of the Order shall also be conspicuously posted on the premises at least ten (10) days before the time fixed for the hearing before the Nuisance Abatement Hearing. 8.32.330 Service of Order - Proof. Proof of service of the Order and/or publishing and posting thereof shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which such Order was given and/or published and posted. He shall file such declaration in the Building Official's or the City Clerk's office and therewith any proof of mailing, publishing, or posting. 8.32.340 Voluntary Abatement by Premises Owner. The owner, lessee, or occupant of any premises alleged to be a nuisance under the provisions of this Chapter may abate the nuisance by rehabilitation, repair, removal, or demolition at any time within the abatement period provided in the Order to Abate Public Nuisance. Once advised of such abatement, the City shall inspect the premises to verify that the condition has been abated." 8.32.345 Request for Hearing Before Nuisance Abatement Hearing Officer. Within ten (10) days of the service, mailing, publishing, or posting the Order to Abate Public Nuisance, whichever is later, the owner, lessee, or occupant of the premises described in the Order to Abate may request a hearing before the Nuisance Abatement Hearing Officer regarding the requirements of the Order to Abate. Such request shall be made in writing, shall state the objections of the person filing the request, shall state the interest in the property of the person filing the request and shall be filed with the Building Official or the City Clerk. The matter shall be assigned to the Nuisance Abatement Hearing Officer and set for hearing at least ten (10) days after the date of the mailing of the Notice of Hearing to Abate Public Nuisance. The person filing the request shall be entitled to one continuance of up to fourteen (14) additional days. The person filing the request, and all others having an interest in the premises, shall be notified of the time and place of the hearing before the Nuisance Abatement Hearing Officer by a Notice of Hearing to Abate Public Nuisance as set forth below. (Ord. 716 §2, 1993) 8.32.350 Nuisance Abatement Hearing Officer. Any and all requests pursuant to Section 8,32.345 shall be heard by the Nuisance Abatement Hearing Officer who shall be the City Manager or his/her designee. The decision of the Nuisance Abatement Hearing Officer shall be final unless an appeal to the City Council is filed pursuant to section 8.32.495. (Ord. 716 §2, 1993) Exhibit "B" 8.32.495 Appeal to the City Council. A. Whenever any person is aggrieved by any final order of the Hearing Officer issued pursuant to this Chapter, such person may appeal to the City Council the issuance of said order by filing a written notice of appeal there from no later than fifteen (15) calendar days from the date of decision. A written notice of appeal shall be filed with the City Clerk and shall state the objections of the person filing the notice and shall state the interest in the property of the person filing the notice. (Ord. 735 §2, 1993) B. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least fourteen (14) calendar days after the date of the mailing of the Notice of Hearing on the appeal. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties in the same manner as set forth in Sections 8.32.310 through 8.32.330. C. The hearing before the City Council shall be conducted in a manner consistent with the provisions of Sections 8.32.360 and 8.32.370. After the hearing, the City Council may, by written decision, affirm, reverse or modify, in whole or in part, any final decision or order of the Hearing Officer which is appealed from. The written decision shall be issued within fourteen (14) calendar days of the close of the hearing. Failure of the owner or other persons having any interest in the affected premises to appear at or be represented at the hearing shall in no way affect the validity thereof. D. The City Clerk shall serve the written resolution representing the decision of the City Council on the appeal on all interested parties in the same manner as set forth in Sections 8.32.310 through 8.32.330. The written resolution served shall contain a notice that judicial review, if desired, must be sought within 30 days after the date of posting on the subject premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise, all objections shall be deemed to have been waived. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4394 Notice Beaumont City Council Ordinance No. 957 - "Nuisances" STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/16 all in the year 2009 I certify (or declare) under penalty of per- jur�� t the foregoing is true and correct. signature Date 10/16/09 at Riverside, California. This space for County Clerk's Filing Stamp Legal Advertise t NOTICE IS HEREBY GIV- EN, that the Beaumont City -Council conducted a public heating on Tuesday, September. 1, 2009 at ap- proximately 6:00 p.m. in the room 5 at the Beau- mont Civic Center, 550 E. 6th Street, Beaumont, Gal- ifornia , 92223, to receive testimony and commas from all interested persons regarding the adoption of the following matter(s): Ordinance No. 957 An Ordinance of therCity Council of the City of Beaumont amending Chapter 8.32, Sections 8.32.300 through 8.32.350 and 8.32.495 of the Beaumont Municipal. Code "Nuisances" It is, the purpose and intent of the Ordinance to estab- lish consistent timelines in Code Enforcement proce- dures. The Nuisance Abatement process elimi- nates unnecessary delays and extensions due- to overlapping or conflicting time limits between abate- ment remedies. Ordinance No. 957 was adopted at its second reading on October 6, 2009 by the following vote: AYES: Mayor Fox, Council Member Berg, DeForge, and. Gall NOES: None ABSTAIN: None ABSENT: Council Droste! Date: October 7, 2009 Shelby. Hanvey Assistant Deputy City Clerk Publish the Record Gazette No. 4394 10/16, 2009 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4394 Notice Beaumont City Council Ordinance No. 957 - "Nuisances" STATE OF CALIFORNIA County of Riverside SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/16 all in the year 2009 I certify (or declare) under penalty of per- jur, at the foregoing is true and correct. LA_ signature Date 10/16/09 at Riverside, California. This space for County Clerk's Filing Stamp iLag AdverUaMlt NOTICE IS HERESY GIV- EN, that the Beaumont City Council conducted a Puttfic 'hearing onlathy, September 1, 20094 ap- proximately6:00 p.m. in the room 5 at the Beau- mont Civic Center, 550 E. 6th Street, Beaumont, Cal- ifornia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 957 - An Ordinance of the City Council of the City of Beaumont amending Chapter 8.32, Sections 8.32.300 through 8.32.350 and 8.32.495 of the peaumont Municipal Code "Nuisances" It is the purpose and intent of theOrdinanceto estab- lish consistent timelines in Code Enforcement proce- dures. The -Nuisance Abatement process elimi- nates-umedessary delays and ,extensions due to overlapping or conflicting time limits between abate- ment remedies. Ordinance No. 957 was adopted at its second reading on October 6, 2009 by the following vote:. AYES: Mayor Fox, Council Member Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: CouncliMem ber Dressel Date: October 7, 2009 Shelby Hanvey • Assistant Deputy City Clerk Publish the Record Gazette No. 4394 10/16, 2009 ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTIONS 13.04.020 AND 13.08 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "UNLAWFUL DISCHARGE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 13.04.020 of Chapter 13 of the Beaumont Municipal Code, entitled "Unlawful Discharges" is hereby amended by deleting subparagraph C.2, which states: Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease." Section 2: Section 13.08.160A of Chapter 13.08 of the Beaumont Municipal Code, entitled "Traps for Sand, Grease and Oil" is hereby amended in its entirety to read as follows: 13.08.160A Restaurants. A restaurant or other Food Service Establishment in the City shall be required to comply with the provisions of Chapter 13.09 of the Beaumont Municipal Code." Section 3: Section 13.08.400 of Chapter 13.08 of the Beaumont Municipal Code, entitled "Private Sewerage Facilities" is hereby amended in its entirety to read as follows: "13.08.400 Construction Standards for Private Sewerage Facilities. All sewerage facilities constructed in the City on private property and not connected to a public sewerage system shall be constructed to comply with, at a minimum, and notwithstanding all other requirements of the City, with the most recent editions of the California Plumbing and Building Codes." Section 4: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6t" day of October, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Dressel MOVED, PASSED AND ADOPTED this 20th day of October, 2009, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Members Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox CITY OF BEAUMONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 958 duly introduced at a regular meeting of the City Council of the City of Beaumont held on October 6, 2009, and was duly adopted upon a second reading on October 20, 2009, by the roll call votes indicated therein. CITY OF BEAUMO Depu City Cler City of Beaumont 550 F. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 cityhall@ci,beaumont,ca,us www,c%,beaujnont,ca,us Legal Advertisement NOTICE IS HERBY GIVEN, that the Beaumont City Council will hold a public hearing on October 6,2009 at approximately 6:00 p.m. in the room 5 at the Beaumont Civic Center,550 E 6th Street, Beaumont California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s). Ordinance No. 958 - An Ordinance of the City Council of the City of Beaumont that will amend Sections 13.04.020 and 13.08 of the Beaumont Municipal Code entitledNniawful Discharge". The purpose of these amendments is to regulate discharges of fats, oils and grease ( FOG) to sewerage collection system from food service establishments and to require minimum standards for design and construction of sewers by private developers. The Ordinance will add provisions to the Beaumont Municipal Code in compliance with certain requirements of the State Water Resources Control Board Order No. 2006-0003 adopted on May 2, 2006 that established General Waste Discharge Requirements applicable to all publicly owned sanitary sewer systems in California with more than one mile of sewer line. The goal of this requirement is to have a consistent statewide approach for reducing sanitary sewer Overflows (SSOs). Date: September 15, 2009 Shelby Hanv Deputy City, Publish: One time only in the Record Gazette on September 25, 2009. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4281 Notice Beaumont City Council Ordinance No. 958 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 09/25 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signature Date 09/25/09 at Riverside, Californ ia. This space for County Clerk's Filing Stamp LEGAL ADVERTISEMENT NQTICE IS HEREBY GIV EN, that the Beaumont City Council will .hold a public hearingn October 6, 2009 at approximately 6:00 p.m in. the room 5 at the Beaum°nt , Civic Cen- ter, 550 E" 6th -,Street, Beaumont California 92223, to receive testimo- ny and comments from all interested persons regard- ing the adoption of the .fol- lowing matter(s): Ordinance .No, 958 -.An Ordinanceof the City Council of the City of Beaumont that will amend Sections 13.04.020 and : 13.08._ of the, Beaumont Municipal Code entitled `Unlawful Discharge." The purpose of these amendments is to regulate discharges of fats, oils and grease (FOG) to sewer- age collection system from food service : establish- ments and to,require mini- mum standards for design and construction : of sew- ers by private developers. The Ordinance wilt add provisions to the Beau- mont }Municipal - Code in compliance with certain requirements- of. the State Water Resources Control Board Order ' No. 2096- 0003- adopted . on May 2, 2006 that established General Waste ,Discharge Requirements pli le to`all publicly;o(: tart' sewer. .systems in Gal gorilla with more than one mile of sewer . line.—The goat of this requirement is r to .have; a ,consistent statewide proa►ch for re- ddcuK> sitt mer Over:- ey irk Date.e Publish ileac Gazette No 4281 ••`=9125, 2009 City of Beaumont 550 E. 6th. Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: ci tyha ll @c1., bea a mo n t, ca. us www,ci,beauniont,ca,us Legal Advertisement NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, October 6, 2009 at approximately 6:00 p.m. in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 958 - An Ordinance of the City Council of the City of Beaumont amending Sections 13.04.020 and 13.08 of the Beaumont Municipal Code entitled "Unlawful Discharge" The purpose of these amendments is to regulate discharges of fats, oils and grease (F.O.G.) to sewerage collection system from food service establishments and to require minimum standards for design and construction of sewers by private developers. The Ordinance will add provisions to the Beaumont Municipal Code in compliance with certain requirements of the State Water Resources Control Board Order No. 2006-0003 adopted on May 2, 2006 that established General Waste Discharge Requirements applicable to all publicly owned sanitary sewer systems in California with more than one mile of sewer line. The goal of this requirement is to have a consistent statewide approach for reducing sanitary sewer Overflows (SSOs). Ordinance No. 958 was adopted at its second reading on October 20, 2009 by the following vote: AYES: Mayor Pro Tem Dressel, Council Member Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox Date: October 21, 2009 Shelby Hanvey Assistant Deputy ity Clerk Published: Record Gazette, One Time only October 30, 2009 ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 13.09 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "REGULATING FATS, OILS AND GREASE (F.O.G.) MANAGEMENT IN FOOD SERVICE ESTABLISHMENTS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 13.09, entitled "Regulating Fats, Oils and Grease (F.O.G.) Management in Food Service Establishments", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of October, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Berg, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Dressel MOVED, PASSED AND ADOPTED this 20th day of October, 2009, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Members Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox CITY OF BONIN° T By JE -FF FOX, Ma 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 959 duly introduced at a regular meeting of the City Council of the City of Beaumont held on October 6, 2009, and was duly adopted upon a second reading on October 20, 2009, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By (3 Deputy City Cler 2 CHAPTER 13.09 REGULATING FATS, OILS AND GREASE (F.O.G.) MANAGEMENT IN FOOD SERVICE ESTABLISHMENTS Sections: 13.09.010 13.09.020 13.09.030 13.09.040 13.09.050 13.09.060 13.09.070 13.09.080 13.09.090 13.09.100 13.09.110 13.09.120 13.09.130 13.09.140 Purpose and Intent. Administration. General Prohibition. Specific Prohibitions. Definitions. Wastewater Discharge Permit Required. Design and Construction of Sewage Facilities. Sampling and Inspection. Revocation or Suspension of Wastewater Discharge Permit. Notice of Violation. Appeal. Best. Management Practices. Grease Interceptor Maintenance Requirements. Enforcement. 13.09.010 Purpose and Intent. Thep urpose of this Chapter is to comply with the Order No. DWQ 2006- 0003 adopted by the State Water Resources Control Board in May, 2006, mandating implementation of various tasks associated with the City's sanitary sewer systems. 13.09.020 Administration. This Chapter shall be administered by the Director of the Department of Public Works of the City. This Chapter shall be construed and administered to assure consistency with the Order No. DWQ 2006-0003 and amendments, revisions and renewals thereof. 13.09.030 General Prohibition. The discharge of fats, oils, greases and other solids ("F.O.G.") in concentrations from Food Services Establishments and other commercial and other industrial facilities to the City sewer systems that may adversely affect the normal function of these systems or result in blockages and/or public nuisance is prohibited. 1 13.09.040 Specific Prohibitions. The following prohibitions apply to all Food Service Establishments: A. Installation of food grinders in the plumbing system of all new construction. All food grinders installed in Food Service Establishments as of November 1, 2009 shall be removed within 180 -days thereafter; B. Introduction of any additive into Food Service Establishments for the purpose of emulsifying F.O.G.; C. Any disposal of cooking oil into the sewer system. All waste cooking oil shall be collected and stored properly in recyclable containers and removed off-site for proper recycling and /or disposal; D. Discharge of wastewater from dishwashers to any grease traps or grease interceptors; E. Discharge of wastewater in excess of 150 F 0, which is considered hot, to any grease control device, including grease traps and grease interceptors; F. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service, or vice versa; G. Discharge of any waste, including F.O.G. and other solid materials removed from the grease control device to the sewer system. F.O.G. and other solid material removed from grease interceptors shall be hauled off- site periodically as part of the operation and maintenance requirements for grease interceptors. 13.09.050. Definitions. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations). Other terms not herein defined are defined as being the same as set forth in the latest adopted applicable editions of the California codes applicable to building construction adopted pursuant to the California Building Standards Law. Subject to the foregoing provisions, the following definitions shall apply in this Chapter: 2 Best Schedule of activities, prohibitions of practices maintenance Management procedures and other management practices to prevent or g Practices reduce the introduction of F.O.G. to the sewer facilities. Change in Anychange in the ownership food types or operational Operationsprocedures rocedures that have potential to increase the amount of F.O.G. generated and/or discharged by Food Service Establishments in an amount that alone or collectively causes or creates a potential for a sewer system overflow ("SSOs") SSOs to occur. City The City of Beaumont City Manager er The City Manager of the City of Beaumont or his or her designee City Sewer Any property belonging to the City used in the treatment, Facility or reclamation, reuse, transportation, or disposal of wastewater, System or sludge. Composite A collection of individual samples obtained at selected Sample intervals based on an increment of either flow or time. The p resulting mixture (composite sample) forms a representative sample of the waste stream discharged during the sample period. Samples may be collected when a wastewater discharge occurs. Discharger Anyperson who discharges or causes a discharge of g wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. Effluent Any liquid outflow from the Food Service Establishment that is discharged to the sewer. Oils and Anysubstance such as a vegetable or animal product that is Fats, Grease used in, or is a byproduct of, the cooking or food preparation ("F.O.G.")process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. Food Grinder Any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the sewer system. 3 Food Service Establishment Formal Notice or Notification Grease Control Device Grease Interceptor Grease Trap Grab Sample Facilities defined in California Uniform Retail Food Services Establishments. Law ("CURFFL") Section 113785, and any commercial entity within the boundaries of the City, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its member or employees, and which has any process or device that uses or produces F.O.G., or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type 1 or Type 11 hood, as defined in CURFFL Section 113785. A limited food preparation establishment is not considered a food Services Establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of F.O.G. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food. The date on which the City mails notice by regular mail to Food Service Establishments. Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat F.O.G. prior to it being discharged into the sewer system A multi -compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a Food Service Establishment and the connection to the sewer system. These devices primarily use gravity to separate F.O.G. from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the F.O.G. removed and disposed of in a proper manner on regular intervals to be effective. A grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable. A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. 4 Hot Spots Areas and sewer lines that have experience sanitary sewer overflows or that must be cleaned or maintain frequently to avoid blockages of sewer system. Inflow Water entering a sewer system through a direct storm water runoff connection to the sanitary sewer, which may cause an almost immediate increase in waste water flows Infiltration Water entering into sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls. Inspector A person authorized by the City to inspect any existing or propose wastewater generation, conveyance, processing, and disposal facilities. Interceptor A grease interceptor. Interference Any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the City's NPDES or Waste Discharge Requirements or prevents lawful sludge use or disposal. Local Sewering Any public agency or private entity responsible for the Agency collection and disposal of wastewater to the City's sewer facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. NPDES The National Pollutant Discharge Elimination System and the permit issued to control the discharge of liquids or other substances or solids to surface waters of the United States as detailed in Public Law 92-500, Section 402. New Any structure planned or under construction for which a sewer Construction connection permit has not been issued. Permittee A person or owner of a food establishment who has received a permit to discharge wastewater into the City's sewer facilities subject to the requirement and conditions established by the City. Person Any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America. Program The Program required by RWQCB Order No. R8-2002-0014, Section (c) (12) (viii) or the SWRCB Order No. DWQ 2006- 003 and its amendment or renewals. Program Manager The City Manager or his or her designee. 5 Public Agency Public Sewer Regulatory Agencies Remodeling Sample Point Sampling Facilities Sewer Sewer Facilities or System Sewer Lateral The State of California and/or any city, county, special district, other local governmental authority or public body of or within this State. A sewer owned and operated by the City. Regulatory Agencies shall mean those agencies having regulatory jurisdiction over the operations of the city, including but not limited to: a) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB) c) California Regional Water Quality Control Board, Santa Ana Region (RWQCB) d) South Coast Air Quality Management District (SCAQMD) e) California Department of Health Services (DOHS). A physical change or operational change causing generation of the amount of F.O.G. that exceed the current amount of F.O.G. discharge to the sewer system by the Food Service Establishment in an amount that alone or collectively causes or creates a potential for SSOs to occur or an Establishment that requires a building permit, and involves any one or combination of the following: (1) underslab plumbing, (2) a 30% increase in the net public seating area, (3) a 30% increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment. A location approved by the City, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled. Structure(s) provided at the user's expense for the City or user to measure and record wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge. Wastewater Any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge. A building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building's wastewater facilities and a public sewer system. 6 Sludge User Waste Wastewater Discharge Permit Manifest Waste Minimization Practices Waste Hauler Wastewater Wastewater Constituents and Characteristics Any solid, semi-solid or liquid decant, subnate or supermate from a manufacturing process, utility service, or pretreatment facility. Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User shall mean the same as discharger. Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within the containers of whatever nature prior to and for the purpose of disposal. A permit issued by the City subject to the requirements and conditions established by the City authorizing a Food Service Establishment to discharge wastewater into the City's sewer facilities or into sewer facilities which ultimately discharge into a City sewer facility. That receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the City. Plans or programs intended to reduce or eliminate discharges to the sewer system or to conserve water, including, but not limited to, product substitutions, housekeeping practices inventory control, employee education, and other steps as necessary to minimize wastewater produced. Any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose. The liquid -and water -carried wastes of the community and all constituents thereof, whether treated or untreated, discharge into or permitted to enter a public sewer. The individual chemical, physical, bacteriological, and other parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. Words used in this Chapter in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. 7 13.09.060 Wastewater Discharge Permit Required No person shall discharge, or cause to be discharge, any wastewater from food Service Establishments directly or indirectly into the sewer system without first obtaining a Wastewater Discharge Permit pursuant to this Ordinance. 13.09.070 Design and Construction of Sewage Facilities. Any and all sewerage facilities for any Food Service Establishment shall be designed, and constructed as a minimum in accordance with the most current edition of the California Plumbing and Building Codes, and in accordance with the City's current sewerage design and construction standards. 13.09.080 Sampling and Inspection. Sampling and inspection of Food Service Establishments may be conducted in the time, place, manner, and frequency as determined by City Manager or his or her designee. 13.09.090 Revocation or Suspension of Wastewater Discharge Permit. The City Manager or it designee may revoke or suspend a wastewater discharge permit for any of the following reasons: A. Violation of a permit condition B. Creating a nuisance C. Violation of this Chapter D. Violation of State or Federal law related to F.O.G. discharges. 13.09.100 Notice of Violation. The City Manager or his or her designee shall issue to the Food Service Establishment a Notice of Violation prior to revocation of the Establishment's wastewater discharge permit, except in emergency situations. The City Manager or his or her designee shall issue the Notice in accordance with the provisions of Chapter 1.17 of this Code. 13.09.110 Appeal. If the Food Service Establishment objects to the intended revocation, or it shall follow the procedures for appeal set forth in Chapter 1.17 of this Code. 8 13.09.120 Best Management Practices. All Food Service Establishments shall, at a minimum, implement the following Best Management Practices, when applicable: A. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas. B. Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil. C. Disposal of food waste. All food waste shall be disposed of directly into the trash or garbage, and not in sinks. D. Employee training. Employees of the Food Service Establishment shall be trained by the Food Service Establishment within 180 days of November 1, 2009 and twice each calendar year thereafter, on the following subjects: 1. How to "dry wipe" pots, pans, dishware and work areas before washing to remove grease. 2. How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors. 3. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped. 4. How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling. Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by the Program Manager or an inspector. E. Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed properly. 9 F. Kitchen signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times. 13.09.130 Grease Interceptor Maintenance Requirements. p A. Grease Interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor which includes wastewater, accumulated F.O.G., floating materials, sludge and solids. B. All existingnewly and installed grease interceptors shall be regularly maintained. C. No F.O.G. that has accumulated in a grease interceptor shall be allowed to ass intosewer lateral, sewer system, storm drain, or public right of p any way during maintenance activities. D. Food Service Establishments with grease interceptors may be required to submit data and information necessary to establish the maintenance frequency grease interceptors. E. The maintenance frequency for all Food Service Establishments with a grease interceptor shall be determined in one of the following methods: 1. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined F.O.G. and solids accumulation q Y does not exceed 25% of the total liquid depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available volume is maintained to effectively intercept and retain F.O.G. discharge to the sewer system. 2. All Food Service Establishments with a Grease Interceptor shall regularly maintain their grease interceptor and maintain a record of g Y such maintenance. 3. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in (1) has not been established. The maintenance frequency may be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in (1). Based on the actual generation of F.O.G. from the Food Service Establishment, the maintenance frequency may increase or decrease. 10 4. If theg rease interceptor, at any time, contains F.O.G. and solids accumulation that does not meet the requirements described in (1), the Food Service Establishment shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the Program Manager may also p increase the maintenance frequency of the grease interceptor from the current frequency. 13.09.140 Enforcement. A. In addition to the specific provisions set forth in this Chapter, the City may enforce this Ordinance through any of the Civil, Criminal or Administrative Procedures established by the City of Beaumont Municipal Code. B. In addition to the specific provisions set forth elsewhere in this Code, the Citymay enforce this Chapter, through any Civil, Criminal or Administrative Procedures established by State or Federal Laws. 11 City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: ci/hall@ci,bealimont.ca.us www.ci,beau;nont.ca, us Legal Advertisement NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, October 6, 2009 at approximately 6:00 p.m. in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 959 - An Ordinance of the City Council of the City of Beaumont Adding Chapter 13.09 entitled "Regulating Fats, Oils and Grease (F.O.G) Management in Food Service Establishments" to the Beaumont Municipal Code The purpose of these amendments is to regulate discharges of fats, oils and grease (F.O.G.) to sewerage collection system from food service establishments and to require minimum standards for design and construction of sewers by private developers. The Ordinance will add provisions to the Beaumont Municipal Code in compliance with certain requirements of the State Water Resources Control Board Order No. 2006-0003 adopted on May 2, 2006 that established General Waste Discharge Requirements applicable to all publicly owned sanitary sewer systems in California with more than one mile of sewer line. The goal of this requirement is to have a consistent statewide approach for reducing sanitary sewer Overflows (SSOs). Ordinance No. 959 was adopted at its second reading on October 20, 2009 by the following vote: AYES: Mayor Pro Tem Dressel, Council Member Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox Date: October 21, 2009 1 Shelby Hanvey Assistant Depu pity Clerk / Published: Record Gazette, One Time only October 30, 2009 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4287 Notice Beaumont City Council Ordinance No. 959 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 09/25 This space for County Clerk's Filing Stamp all in the year 2009 I certify (or declare) under penalty of per- jury th.t the foregoing is true and correct. signature Date 09/25/09 at Riverside, Californ ia. LEGAL ADVERTISEMENT NOTICE IS HEF BY GIV- EN, : that .the tumont City Qouncil hold a public hearing on :October 6, .2049 at approximately 6:00 p.m. in the room 5 at the Beaumol t-;. 81 - Cen- ter, 550 ,. E b = Street, Beaumont i,< California 92g2:3, to receive test mo ny and comms from ail interested persons regard- ingthe, adoption of the fol- lowing rri'(s) .�—An Ordn�o+e Ordinance _ of the -City bounCii of tom. City of Beaumont that will Add Chapter 13.09 entitled « ng Tate; Oils and: Grease (War 3" to the 'Beaumont Municipal Code. The purpose of these amendments is to regulate discharges of fats;: oils and grease c(FOG) to sewer- age collection system from food service establish- ments and to require mini- mum standards for design and construction of sew- ers by private developers. The proposed Ordinances will also eliminate any in- consistencies, and/or re- dundancies in the current Beaumont Municipal Code This Ordinance will add provisions to the Beau- mont Municipal Code in compliance with certain requirements of the State Water 'Resources Control Board Order No. DWQ 2006-000.3 adopted on May 2, 2006 that estab- lished General Waste Dis- charge. Requirements ap- plicable` -ta all publicly owned Sanitary sever sys- tems in California , with more than one mile_ of sewer line. The -goal of this t requirement is to have a consistent statewide ap- broach -for reducing sani- tary sewer _Overflows. (SSOs) elby Hanvey Deputy City Clerk Date. S! tuber 21, 2009 Publish The Record Gazette No 4287 sx 9/25, 2009 9/29/09 ORDINANCE NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING, IN ITS ENTIRETY TITLE 6 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "ANIMALS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Title 6 of the Beaumont Municipal Code, entitled "Animals", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of October , 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Berg, DeForge, and Gall. NOES: None ABSTA N: None ABSENT: Mayor Pro Tem Dressel. MOVED, PASSED AND ADOPTED this 20th day of oc t obe r , 2009, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Member Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox CITY OF B UMON B FF F rr X, Ma 1 10/13/2009 Title 6 Animals Chapters: 6.02 Regulations Generally 6.04 Dogs and Cats — General Provisions 6.06 Animal Licenses 6.08 Seizure or Impoundment of Animals 6.10 Potentially Dangerous Dogs \ 6.12 Dangerous Animals 6.14 Rabid Animals 6.16 Kennels, Catteries, and Animal Rescue Facilities 6.18 Livestock 6.20 Apiaries 6.22 Animal Control Hearings Chapter 6.02 Regulations Generally Sections: 6.02.005 Definitions 6.02.010 Fees by Resolution 6.02.020 (Not Used) 6.02.030 Provisions Supplementary to Other Laws 6.02.040 (Not Used) 6.02.050 Interference with Enforcement 6.02.060 Entry upon Private Property 6.02.070 Animal Keeping Requirements 6.02.080 Mandatory Spay and Neutering 6.02.090 Mandatory Spay and Neutering -Exemptions 6.02.100 Mandatory Micro -chipping of Dogs 6.02.105 Mandatory Micro -chipping of Cats 6.02.110 Mandatory Micro -chipping of Dogs and Cats -Exemptions 6.02.120 Transfer or Sale of Dogs, Cats or other Animals -Requirements 6.02.130 Transfer, Sale, and Breeding of Unaltered Dog or Cat 6.02.140 Transfer or Sales of Animals on Public Property Prohibited 6.02.150 Animals in Vehicles 6.02.160 Roosters, Peacocks and Flocks Prohibited 6.02.170 Wild Animals and Mammals, Poisonous Snakes and Other Reptiles 6.02.180 Abandonment 6.02.190 Duties and Powers of Officers 6.02.200 Transport of Injured Animals to Veterinarian 6.02.210 Recoupment of Enforcement Costs 6.02.220 Waiver of Fees 6.02.230 Severability 6.02.005 Definitions. For the purposes of Title 6 of the Beaumont Municipal Code, the following words and phrases shall have the meanings: 1 10/13/2009 a. "Abused" means any animal which is mistreated, beaten, tormented or teased; deprived of water, food or shelter; kept under unsanitary conditions; abandoned; or trained for fighting or attacking other animals or human beings. b. "Adoption" refers to the process of taking guardianship of and responsibility for a pet that a previous owner has abandoned or otherwise abdicated responsibility for. c. "Altered" means a male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal. d. "Animal Rescuer" means any individual possessing a rescue permit from the Department, who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this Title. e. "Animal Rescue Operation" means any building, structure, enclosure or premises run by an Animal Rescuer, whether or not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, which meets all requirements and standards referred to in Chapter 6 of this Title." f. "Animal Services Officer" means any person or entity designated under this Chapter as the animal services officer for the City, including, but not limited to, any City employee designated to enforce the animal control regulations of this Chapter. g. "Apairy" means a place where bee colonies are kept. h. "Assistance Dog" refers to any dog as defined in Section 30508 (a) of the California Food and Agriculture Code. i. "At large" means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. Also refers to any dog which is on the premises of its owner, custodian or caretaker which is not being maintained by physical restraint, fence, kennel, voice command, or in such a way that the animal may not leave the property of the owner; or that persons, without permission, may not wander into the confined area of the dog without intentional trespass. j. "Bee" means any stage of the common domestic honey bee, Apis mellifera species. k. "Cattery" refers to any building, structure, enclosure or premises whereupon, or within which, ten (10) or more cats, four (4) months of age or older, are kept or maintained. 1. "City" is the City of Beaumont m. "Class I Kennel" refers to any building, structure, enclosure, or premises whereupon, or within which, five (5) to ten (10) dogs, four (4) months of age or older, are kept or maintained. A Class I Kennel shall not include a Sentry Dog Kennel or an Animal Rescue Operation that meets the definition and requirements set forth in this Title. n. "Class II Kennel" refers to any building, structure, enclosure or premises whereupon, or within which, eleven (11) to twenty-five (25) dogs, four (4) months of age or older, are kept or maintained. 10/13/2009 o. "Class III Kennel" refers to any building, structure, enclosure or premises whereupon, or within which, twenty-six (26) to forty (40) dogs, four (4) months of age or older, are kept or maintained. p. "Class IV Kennel" refers to any building, structure, enclosure or premises whereupon, or within which, forty-one (41) or more dogs, four (4) months of age or older, are kept or maintained. q. "Colony" means a hive and its equipment and appurtenances including bees, comb, pollen, and brood. r. "Custodian' means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, on behalf of another, or represents the interests of the owner. s. "Department" refers to the City of Beaumont Animal Services Department. t. "Domestic Animals" refers to small and/or non -dangerous wild animals such as dogs, cats, rodents, birds, non-poisonous snakes, rabbits and similar species that do not constitute a public nuisance. u. "Enclosure" means a fence or structure of at least six (6) feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the California Penal Code. v. "Exigent Circumstances" refers to circumstances in which the officer, in his/her reasonable judgment, determines that a life threatening or serious injury may occur if immediate action is not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc. w. "Exotic Animal" is defined as any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, non -human primate (monkey, chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity. x. "Hearing officer" means the person appointed by the Chief of Police to serve as the hearing officer under this Title. y. "Hybrid Animal" means any animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State of California. z. "Impounded" means having been received into the custody of any animal control center, animal services officer, animal control vehicle, or peace officer duly authorized by the "City" to receive such animal. aa. "Incapable of breeding" means any dog or cat which has been examined by a California licensed Veterinarian and determined to not be capable of reproducing. A certificate of sterility, signed by the Veterinarian must be provided upon demand." bb. "Large Animals" means any livestock including, but not limited to, horses, donkeys, mules, pigs, and other equine cattle and cows. cc. "Owner" means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period exceeding a total of thirty days. 10/13/2009 dd. "Person" means any individual, firm, business, partnership, joint venture, corporation, limited liability company, profit or non-profit association, club, or organization. ee. "Public entity" means any state, or any political subdivision, municipal corporation profit or non-profit or agency thereof. ff. "Sentry dog" refers to any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog". gg. "Sentry Dog Kennel" means any building structure, enclosure, or premises whereupon, or within which, five or more guard or sentry dogs are kept or maintained. hh. "Tract" means a contiguous parcel of land under common ownership. ii. "Unaltered and Unspayed" means a dog or cat, four (4) months of age or older, that has not been spayed or neutered. A condition that exists in an animal which permits the producing of offspring. jj. "Underdeveloped property" means any idle land that is not improved or actually in the process of being improved with structures or improvements intended for human use occupancy. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. kk. "Unlicensed" means any animal for which no valid license is currently in force. 11. "Vaccination" means an inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for that purpose by the California Department of Health Services. mm. "Veterinarian" means a person holding a currently valid license to practice veterinary medicine issued by the state of California pursuant to Chapter 11 of the California Business and Professions Code. nn. "Vicious dog/vicious cat" means any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction. 6.02.010 Fees by Resolution. All fees authorized in this title shall be established, and may be amended from time -to -time, by resolution. 6.02.020 (Not Used) 6.02.030 Provisions Supplementary to Other Laws. The provisions of this Title shall be in addition to all other laws, or the provisions in other Titles of the City governing or regulating the keeping of animals and livestock in the City and not a limitation thereof. 6.02.040 (Not Used) 6.02.050 Interference with Enforcement. No person shall interfere with, oppose or resist an Animal Services Officer while engaged in the performance of the duties prescribed in this Title. 6.02.060 Entry upon Private Property. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this Title. are hereby empowered to enter upon private property, where any dog, cat, or animal is kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is being kept in violation of any provision of 4 10/13/2009 this Title., other Title governing animals, or California State law relating to the regulation, care and/or keeping of animals. Notwithstanding any provision in this Title relating to entry upon private property for any purpose under this Title, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1812.50 through 1812.56, inclusive, or (c) except as may otherwise be expressly or impliedly permitted by law. 6.02.070 Animal Keeping Requirements. Any property where animals are kept shall comply with all the requirements of this Title, Title 8, and Title 17, in addition to any other applicable codes relating to the keeping of animals. 6.010.080 Mandatory Spay and Neutering. No person shall own, keep, or harbor an unaltered dog or cat in violation of this Section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this Title. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below: a. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under state or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such state law or local violations include, but are not limited to, the following: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals. b. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection (1), the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section. 6.02.090 Mandatory Spay and Neutering -Exemptions. This section shall not apply to any of the following: a. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed Veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license. b. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written 5 10/13/2009 confirmation of this fact from a California licensed Veterinarian. If the cat is able to be safely spayed or neutered at a later date; that date must be stated in the written confirmation. c. Animals owned by city -licensed dog or cat breeders. 6.02.100 Mandatory Micro -chipping of Dogs. All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Department, and shall notify the Department of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of any other licensing requirements of this Title. 6.02.105 Mandatory Micro -chipping of Cats. All cats who have been found at -large and have been transported to a shelter for redemption shall be implanted with an identifying micro -chip prior to release. The owner or custodian is required to provide the microchip number to the Department, and shall notify the Department of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of any other licensing requirements of this Title. 6.02.110 Mandatory Micro -chipping_ of Dogs and Cats -Exemptions. The mandatory microchipping requirements shall not apply to any of the following: a. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation. b. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation. c. A dog or cat that is kenneled or trained in the City, but is owned by an individual that does not reside in the City. The owner or custodian must keep and maintain the animal in accordance with the applicable laws of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction. 6.02.120 Transfer or Sales of Dogs, Cats or other Animals -Requirements. An owner or custodian who offers any dog, cat or other animal, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid license number where applicable with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the animal to the new owner. The owner or custodian shall also advise the Department of the name and address of the new owner or custodian in accordance with this Title. An owner or custodian who offers any dog, cat, or other animal, over the age of four months, for sale, trade, or adoption and fails to provide the Department with the name and address of the new owner is in violation of this Title and shall be subject to the penalties set forth herein. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Department of the name and address of the new owner or custodian, and the microchip 6 10/13/2009 number of the puppy or kitten within ten days after the transfer. If it is discovered that an owner or custodian has failed to provide the Department with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this Title. Additionally, any person who within the City, or any business entity or other organization located in or doing business in the City which, advertises or offers in any manner, puppies or dogs for sale, trade, barter or to be given away for free, must display in such advertisements, announcement or flyer the following information: a. The license number and name of the licensing agency of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age). b. The license number and name of licensing agency of each of the dogs (in the case of dogs four months or more of age). c. The kennel and/or rescue permit number and name of the permitting agency of the owner of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age). d. The kennel permit and/or rescue number and name of the permitting agency of the owner of each of the dogs so offered (in the case of dogs four months or more of age). This Section shall not apply to public animal shelters or nonprofit humane societies which are in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies. 6.02.130 Transfer, Sale, and Breeding of Unaltered Dog or Cat. An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner. An owner or custodian of an unaltered cat must notify the Department of the name and address of the transferee within ten days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner. 6.02.140 Transfer or Sales of Animals on Public Property Prohibited. No person shall, in the City, transfer, offer for sale, or sell any animal, cat, kitten, dog or puppy on any public street, public sidewalk or public park. This prohibition does not apply to animal shelters or authorized organizations who conduct adoptions within the City. 6.02.150 Animals in Vehicles. No person shall leave an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health and welfare. If after a search of the area the owner cannot be found, the animal services officer/police officer feels the animal's health is in danger, the animal may be removed from the vehicle and transported to a veterinarian for treatment per Chapter 6.08 of this Title. 6.02.0160 Roosters, Peacocks and Flocks Prohibited. Except as provided in this Section, no person, either as owner, agent or employee, shall keep any roosters, peacocks, or flocks of 5 or more pigeons, doves, ducks or other birds or fowl, domestic or otherwise within the City of Beaumont. The keeping of such birds and other fowl is hereby declared to be a nuisance. 7 10/13/2009 Roosters, peacocks, birds or other fowl shall be permitted on parcels of one (1) acre or larger in the Rural -Residential (R -R) Zone, provided that the number of roosters or peacocks shall not exceed one (1) per acre, and the number of other types of birds or fowl shall not exceed five (5) per acre. 6.02.170 Wild Animal and Mammals, Poisonous Snakes and Other Reptiles. A non- domestic animal which is wild and potentially dangerous in its natural state and as defined in Section 1406 of the Fish and Game Code of the state, shall not be kept or maintained within the City without complying with all requirements as set forth in this and any other Titles of the City, in addition to the following: A. Such person desiring to keep or maintain a wild animal, poisonous snake or reptile shall first obtain a permit from the State pursuant to Section 1450 of the Fish and Game Code of the State and shall meet any and all conditions required by the permit. B. In addition thereto, the possessor shall obtain public liability insurance in the amount of one million dollars ($1,000,000.00) in which the City shall be named an additional insured. C. The wild animal, snake or reptile may be transported through the City if it is confined in such a manner as to pose no threat, injury or harm to persons in this city. The animal must at all times be properly caged or tethered. In addition the person shall comply with all requirements as set forth in the Fish and Game Code of the State. 6.02.180 Abandonment. It is unlawful for any person to knowingly abandon any animal within the City. Any person violating this Section shall bear full costs and expenses incurred by the City in the care of said abandoned animal and the person shall reimburse to the City all costs therefore as determined by the Animal Services Officer. Abandonment shall include the owner's failure to redeem animals seized or impounded after proper notification of the seizure or impoundment has been issued. 6.02.190 Duties and Powers of Officers. It shall be the duty of the Animal Services Officer to enforce all of the provisions of this Title, and other local and State laws relating to the regulation, care and/or keeping of animals. Animal Services Officers shall be empowered to: a. Receive, take up and impound any dog or other animal found running at large in violation of this Title, any other Title or of any law of the State of California. b. Issue a warning notice for, citation for, or investigate any violation of any provisions of any City Title or California law regarding the care or keeping of animals. c. Investigate whether a dog is licensed in compliance with the requirements of this Title. d. Seize or impound any animal as authorized by this Title or any other laws. When the animal to be taken or seized is located inside a private residence or in its curtilage, judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure. e. Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this Title or any other law, or to provide for such feeding and/or watering and care. f. Humanely provide emergency care, or destroy as needed, sick or injured animals. 8 10/13/2009 Any Animal Services Officer may arrest a person without warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his/her presence, or a felony which is in violation of this Title or any other laws governing animals or regulating the care and/or keeping of animals. In any case in which a person arrested, does not demand to be taken before a magistrate: 1) regarding any infraction, such officer or employee making the arrest shall prepare a written Notice to Appear and shall release the person on his/her promise to appear, as prescribed by Sec. 853.5 of the California Penal Code; 2) regarding a misdemeanor, such officer or employee may prepare a written Notice to Appear and may release the person on his/her written promise to appear, as prescribed by California Penal Code Section 853.6. Nothing in this Title shall prevent the Animal Services Officer from acting, when he/she deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597, et seq. The City Council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will undertake to carry out the provisions of this Title and maintain and operate a shelter, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all of the provisions of this Title in the manner herein prescribed. 6.02.200 Transport of Injured Animals to Veterinarian. Any peace officer, humane society officer, or animal services officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. If the animal is treated and recovers from its injuries, the animal will be put up for adoption after the prescribed period of time and no owner is found. If an owner for the animal is found they will be liable to all cost incurred for the care and treatment of the animal. The costs for the care and treatment of the animal will be required to be paid prior to the animal being returned to the owner. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this section. An animal services officer who takes possession of an animal pursuant to this section shall keep records of the whereabouts of the animal for a seventy-two (72) hour period from the time of possession, and those records shall be available for inspection by the public upon request. 6.02.210 Recoupment of Enforcement Costs. The CITY is hereby authorized to recoup all administrative costs reasonably related to the enforcement of this Title, including costs of staff time. 6.02.220 Waiver of Fees. At the discretion of the Animal Services Officer, the impoundment fees recoverable under this Title may be waived by the Animal Services Officer based upon indigent circumstances of the owner of the impounded animal that are verified by the Department of Animal Services, so long as the animal is being kept and maintained in accordance with all other provisions of this Title or any other applicable laws. 6.02.230 Severability. If any provision, clause, sentence or paragraph of this Title or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Title which can be 9 10/13/2009 given effect without the invalid provision or application, and to this end, the provisions of this Title are hereby declared to be severable. 10 Sections: 6.04.010 6.04.020 6.04.030 6.04.040 6.04.050 6.04.060 6.04.070 6.04.080 6.04.090 6.04.100 Chapter 6.04 DOGS and CATS - GENERAL PROVISIONS Running at Large Prohibited Running at Large -Citizens May Capture and Notify Proper Authority Control of Unaltered Cats Cat Trapping Permitting Animal to Make Nuisance Prohibited Permitting Animal to Make Nuisance Prohibited -Exemptions Entering, Swimming in Ditches, Canals and Pools Annoying or Barking Dogs Constitute a Nuisance Guard or Sentry Dogs -Signage Requirements Traps and Barking Control Devices -Rental Fees 10/13/2009 6.04.010 Running at Large. No dog shall run at large in the City. No person owning or having the control or custody of any dog shall permit or allow such dog to run at large within the City. 6.04.020 Capture of Dogs Running at Large. In the interest of public health and safety, it shall be lawful for any person to capture, in a humane manner, any dog running at large in violation of this Title and to promptly deliver such dog to the Animal Services Officer who shall impound such dog. 6.04.030 Control of and Unaltered Cats. It shall be unlawful for any person who owns, harbors, or keeps any unaltered cat four (4) months of age or older within the City to allow or permit such unaltered cat to be or remain outdoors within the City. 6.04.040 Cat Trapping. It is unlawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such a trap is in use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten (10) days in a thirty (30) day period. If a person maintains a trap should trap a lactating female cat, the person shall immediately release the cat thereby eliminating the chance of removing a cat that may be nursing kittens. This section shall not apply when the trap is being used for rabies control as determined by the animal services officer. 6.04.050 Permitting Animal to Make Nuisance Prohibited. No person shall permit or allow an animal to make a nuisance on any public property or any private property without consent of the owner of the property. 6.04.060 Permitting Animal to Make Nuisance Prohibited -Exemptions. Persons with defective sight, while relying on a dog specifically trained as a Service Dog , shall be exempt from this section. 6.04.070 Entering, Swimming in Ditches, Canals and Pools. No person shall allow or permit any dog belonging to, or under the control of such person to enter, swim or remain in any drainage ditch within the City, or in any settling tank, ditch, canal or reservoir within the City, or any public swimming pool within the City. 11 10/13/2009 6.04.080 Annoying or Barking Dogs Constitutes a Nuisance. The repeated barking of any dog within the City is declared to be a public nuisance. Every person who owns, keeps, maintains or permits to be maintained any dog on any premises within the City, whose repeated barking, whining, or creation of loud or unusual noises disturbs the peace and quiet of any neighborhood or of any person, shall be deemed guilty of a violation of this section if such person after having been requested to restrain such dog from creating such a public nuisance, suffers or permits such public nuisance to continue. 6.04.090 Guard or Sentry Dog -Signage Requirements. Any person or business using the services of a guard or sentry dog shall keep posted in a conspicuous place at or near the entrance of the premises, a sign having letters at least three (3) inches in height reading "Guard Dog or "Sentry Dog." 6.04.100 Traps and Barking Control Devices -Rental Fees. The Department shall make available for residents cat traps and barking control devices for rental for a fee and term as set by resolution. 12 10/13/2009 Chapter 6.06 ANIMAL LICENSES Sections: 6.06.010 Dog License Required 6.06.020 Optional Licensing of Cats 6.06.030 Issuance of Tags and Certificates 6.06.040 Transfer of License Prohibited 6.06.050 Tag -Replacement 6.06.060 Display of License Required 6.06.070 Tag -Removal Prohibited 6.06.080 Use of Unauthorized License, Tags, or Other Documents Prohibited 6.06.090 Term of License 6.06.100 Fees; Fee Exemptions 6.06.110 Anti -Rabies Vaccination Required 6.06.120 Transfer of Ownership 6.06.130 Denial or Revocation of License for Unaltered Dogs 6.06.140 Re-application for Unaltered Dog License 6.06.150 Appeal of Denial or Revocation of Unaltered Dog License 6.06.010 Dog License Required. No person within the City owning, possessing, controlling, harboring, or keeping any dog over four (4) months of age shall fail, refuse or neglect to procure a dog license tag for each dog, from the animal services officer or his authorized agent. The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his/her name and address, the name, breed, color, age, and sex of each dog for which application is made, and the grounds for exemption from fees, if applicable. When a person moves into the City from another community who owns a dog which is currently vaccinated against rabies and for which dog a license was issued by such other community, such license shall be deemed valid for a period of one (1) year from the date such person moves into the City or on the date of expiration of the license issued by such other community, whichever is earlier. The owner shall notify the City within thirty (30) days of moving into the City, and a City license shall be issued for the remainder of the license period as indicated, at no cost. If an application for a license from the Animal Services Officer is made more than thirty (30) days after such license is required, the applicant shall pay, in addition to the applicable license fee, a late fee. 6.06.020 Optional Licensing for Cats. An owner of a cat may be issued a license and tag for such cat upon presentation to the Animal Services Officer of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon the payment of a license fee. Said license shall be valid for the period of immunity indicated in the certificate of vaccination. 6.06.030 Issuance of Tags and Certificates. A metallic tag and license certificate with corresponding number shall be furnished by the Animal Services Officer upon compliance with allapplicable requirements and payment of the appropriate fee. The Animal Services 13 10/13/2009 Officer shall keep a record of the owner or person making payment of the license fee and to whom a certificate and tag has been issued, and the number and date of the certificate and the tag. 6.06.040 Transfer of License Prohibited. No license or license tag issued to one dog shall be transferred to another dog. 6.06.050 Tag -Replacement. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the Animal Services Officer upon submission to the Animal Services Officer of a statement signed by the owner of the dog containing the date and circumstances of such loss or destruction and the payment of a fee. 6.06.060 Display of License Required. A valid license shall be displayed upon the dog's collar pursuant to Section 30951 (b) of the California Food and Agriculture Code. Upon request of the Animal Services Officer, any owner of a dog which a license is required under the provisions of this Title shall present to the Animal Services Officer a currently valid certificate of rabies vaccination or license tag. 6.06.070 Tag -Removal Prohibited. No person shall remove from any dog any collar, harness, or other device to which is attached a registration tag for the current license year, or remove the tag there from without the express written permission of the Animal Services Officer. 6.06.080 Use of Unauthorized License, Tags, or other Documents Prohibited. It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this Title. 6.06.090 Term of License. The term of each license issued shall terminate as of the termination date of the subject dog's most recent anti -rabies vaccination, and shall be renewed within thirty (30) days after such period terminates, except that where the current vaccination for the dog which is the subject of the license shall expire prior to the expiration date of the license being applied for, the Animal Services Officer may upon request of the owner or custodian of such dog, backdate such license so that its expiration date occurs concurrent with or prior to the expiration date of the vaccination; provided, however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within thirty (30) days after the date of its expiration. "Lifetime "license shall only refer to the waiver of licensing fees. Certificates of vaccinations as required by this Title shall be the determining factor if a license is valid as defined in this Title. If an application for a license is made more than thirty (30) days after the date a dog license is required under this Title, the applicant shall pay, in addition to the applicable license fee, a late fee. Whenever a dog validly licensed under this Title shall have died more than three (3) months before the expiration date of the license, the owner of such dog may return the license tag to the Animal Services Officer, accompanied by a statement signed by a veterinarian or a 14 10/13/2009 declaration signed under penalty of perjury by the owner, indicating that such dog is dead and specifying the date of death. In such event, the license shall be canceled and a pro -rata credit of the license fee by full calendar quarters of the original license period remaining after the death of the dog may be applied during said remaining period to the license fee for another dog acquired by the same owner. The fees fora "lifetime "license shall be issued a pro -rata credit during only the first year of issuance. 6.06.100 Fees; Fee Exemptions. All license fees due and payable hereunder shall be fixed from time to time by resolution of the City Council. No fee shall be charged for: a. No fee shall be required for a license for any "assistance dog" as defined in California Food and Agriculture Code, Section 30805 (a), if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing-impaired person, or in the case of a service dog, a physically disabled person, or where such dog is in the possession and under the control of a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind, signal dogs for the deaf or hearing-impaired, or service dogs for the physically disabled. However this provision does not remove the owner's responsibility to vaccinate said dogs against rabies and attach a current license tag to the dog's collar. Whenever a person applies for an assistance dog identification tag, the person shall sign an affidavit as defined in California Food and Agriculture Code, Section 30805 (b). b. No fee shall be required for a license for any dog owned by a public entity. c. Any dog owned by, or in the care of, any person who is a nonresident or who is traveling through the City, or who is temporarily sojourning therein, provided the dog is kept within the City for less than thirty (30) days. 6.06.110 Anti -Rabies Vaccination Required. It shall be unlawful for any person to own, harbor or keep any dog, four (4) months of age or older, within the incorporated area of the City, for a period longer than thirty (30) days, which has not been vaccinated against rabies. Any person in the City who owns, harbors or keeps any dog over four (4) months of age for a period longer than thirty (30) days shall have such dog vaccinated against rabies as provided herein, by a veterinarian of his choice and such vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in the form required by the Animal Services Officer. The veterinarian shall keep one (1) copy, shall give one (1) copy to the owner of the vaccinated dog and shall send one (1) copy to the Department within thirty (30) of vaccination. The Animal Services Officer shall issue a license only upon presentation of a certificate of vaccination indicating therein that the date of expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed, and upon payment of the applicable license fee as specified in this Title; provided, however, that where the vaccinated dog is between the ages of four (4) months and twelve (12) months, the period of vaccination immunity required for licensing shall be as specified by State law. In the event a dog has a short-term illness, is pregnant, or suffers from a long-term debilitating illness which in the opinion of a veterinarian contraindicates vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness 15 10/13/2009 or pregnancy where a request for vaccination deferral has been approved by the Animal Services Officer. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The Animal Services Officer shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the applicable license fee. The owner or person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within fourteen (14) days after the expiration of the deferral, the owner or person having custody of such dog shall present to the Animal Services Officer a certificate of vaccination in accordance with the provisions of this Title. 6.06.120 Transfer of Ownership. Upon transfer of ownership of any dog validly licensed under this Title, the new owner shall notify the Animal Services Officer of such transfer within thirty (30) days of such transfer, on a form prescribed by the Animal Services Officer, accompanied by a transfer fee. 6.06.130 Denial or Revocation of License for Unaltered Dogs. The Department may deny or revoke an unaltered dog license for one or more of the following reasons: a. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section; b. The Department has received at least three complaints, verified by the Department, that the owner, custodian, applicant, or licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her or other animals; c. The owner, custodian, applicant, or licensee has been previously cited for violating a state law, other City or municipal provisions relating to the care and control of animals; d. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance within the meaning of the City of Beaumont Titles or under state law; e. An unaltered dog license held by the applicant has been revoked; f. The license application is discovered to contain a material misrepresentation or omission of fact. 6.06.140 Re-application for Unaltered Dog License. When an unaltered dog license is denied, the applicant may re -apply for a license upon changed circumstances and a showing that the requirements of this Title have been met. The Department shall refund one-half of the license fees when the application is denied. The applicant shall pay the full fee upon re- application. When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty (30) day waiting period upon showing that the requirements of this Title have been met. No part of an unaltered dog license fee is refundable when a license is revoked and the applicant shall pay the full fee upon reapplication. 6.06.150 Appeal of Denial or Revocation of Unaltered Dog License. The Department shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation. The hearing shall be conducted in accordance with Chapter 6.22 of this Title. If the dog is moved before or during the appeal process, the owner, custodian, licensee, or applicant shall provide the Department with information as to the dog's whereabouts, including the current owner or custodian's name, address, and telephone number. 16 Sections: 6.08.010 6.08.020 6.08.030 6.08.040 6.08.050 6.08.060 6.08.070 6.08.080 6.08.090 6.08.100 Chapter 6.08 Seizure or Impoundment of Animals Seizure or Impoundment of Animals Capture of Animals Running At -Large -Private Persons Notice of Impoundment -Requirements Length of Confinement Post -Seizure/ Impound Hearing Hearing Prior to Seizure of Animal(s) Cost of Seizure and Care — Owner Liable Noncompliance with Order to Provide Veterinary Care Return to Owner —Conditions Authority of the Hearing Officer 10/13/2009 6.08.010 Seizure or Impoundment of Animals. A. Emergency Seizure or Impoundment: When the Animal Services Officer has reasonable grounds to believe that prompt action is required to protect the health or safety of an animal, or the health or safety of others, the Officer shall immediately seize the animal and comply with the procedure established in Section 6.08.050. B. Non -Emergency Seizure: In all other cases, the officer shall comply with the provisions of Section 6.08.060. 6.08.020 Capture of Animals Running At -Large -Private Persons. In the interest of public health and safety, it shall be lawful for any person to take up, in a humane manner, any animal running at -large in violation of this Title and to promptly deliver such animal to the Animal Services Department. 6.08.030 Notice of Impoundment -Requirements. In the event that there is attached to any impounded animal a current license tag of the City, or if the animal has a micro -chip inserted, it shall be the duty of the Animal Services Officer to give notice of the impoundment of such animal to the owner or person claiming to own such animal, or to the person to whom such tag shall have been issued, or micro -chip registered as shown by the records of the City. This notice shall be accomplished within three (3) business days after impoundment, and given by mailing, postage pre -paid, stating the fact that the animal has been impounded and the manner in which the animal may be redeemed. 6.08.040 Length of Confinement. The Animal Services Officer shall cause for the confinement of the animal as required by this Title for the period of time as required by statute. 6.08.050 Post -Seizure/ Impound Hearing. Whenever an Animal Services Officer seizes, impounds, or receives an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any enforcement proceedings, provide the owner or keeper of the animal, if known or ascertained after reasonable investigation, with the opportunity for a post -seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both. 17 10/13/2009 A. The Animal Services Department shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following: 1. The name, business address, and telephone number of the officer providing the notice; 2. A description of the animal(s) seized, including any identification upon the animal(s); 3. The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized; 4. A statement that, in order to receive a post -seizure hearing, the owner of person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the animal control officer within ten (10) days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail; 5. A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. B. The post -seizure hearing shall be conducted pursuant to Chapter 6.22 of this Title. C. Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in forfeiture of any right to a post -seizure hearing or right to challenge his or her liability for costs incurred. D. The City shall be responsible for the costs incurred for caring and treating the animal(s), if it is determined in the post -seizure hearing that the seizing officer did not have reasonable grounds to believe prompt seizure of the animal(s), was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the City for the cost of the seizure and care of the animal(s), and the animal(s) shall not be returned to its owner until the charges are paid and the City or hearing officer has determined that the animal(s) is physically fit or the owner demonstrates to the City's or the hearing officer's satisfaction that the owner can and will provide the necessary care. 6.08.060 Hearing Prior to Seizure of Animal(s). Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings, the animal services officer shall provide the owner or keeper of the animal(s), if known or ascertained after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal(s). The owner shall produce the animal(s) at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the animal services officer to view the animal(s) upon request of the animal services officer, or unless the owner can provide verification that the animal was humanely destroyed. It is a violation of this Section if such person willfully fails to produce the animal or provide the verification. 18 10/13/2009 A. The Animal Services Officer shall cause a notice to be affixed to a conspicuous place where the animal(s) was situated or personally deliver a notice stating the grounds for believing the animal(s) should be seized. The notice shall include all of the following: 1. The name, business address, and telephone number of the Officer providing the notice; 2. A description of the animal(s) to be seized, including any identification upon the animal(s); 3. The authority and purpose for the possible seizure or impoundment; 4. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal(s), or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal(s) to the officer providing the notice within two (2) days, excluding weekends and holidays, of the date of the notice; 5. A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal(s) may properly be seized and that the owner shall be liable for the charges. B. The pre -seizure hearing shall be conducted pursuant to Chapter 6.22 of this Title. C. Failure of the owner or keeper, or his. or her agent, to request a hearing within the prescribed time period or to attend a scheduled hearing, shall result in a forfeiture of any right to a pre seizure hearing or right to challenge his or her liability for costs incurred to this chapter. 6.08.070 Cost of Seizure and Care — Owner Liable. If any animal is properly seized or impounded under this chapter, the owner or keeper shall be personally liable to the seizing/ impounding agency for the cost of the seizure/ impoundment and care of the animal(s). Furthermore, if the charges for the seizure or impoundment, and any other charges permitted under this chapter are not paid within fourteen (14) days of the seizure, or, if the owner, within fourteen (14) days of notice of availability of the animal(s) to be returned, fails to pay charges permitted under this chapter and take possession of the animal(s), the animal(s) shall be deemed to have been abandoned and may be disposed of by the impounding Officer. The cost of caring for and treating any animal properly seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified. 6.08.080 Noncompliance with Order to Provide Veterinary Care. If the animal requires veterinary care and the seizing agency is not assured, within fourteen (14) days of the seizure of the animal(s), that the owner will provide the necessary care, the animal(s) shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the impounding Officer. A veterinarian or properly trained Animal Services Officer may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably ill or crippled. A veterinarian or properly trained Animal Services Officer may also 19 10/13/2009 immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal(s) by a veterinarian at the expense of the owner or agent. 6.08.090 Return to Owner — Conditions. No animal properly seized under this chapter shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and will provide the necessary care, and that the owner has complied with all requirements of this and any other Titles in this Code. 6.08.100 Authority of the Hearing Officer. All hearings conducted pursuant to this chapter shall be conducted in accordance with the provisions of Chapter 6.22 of this Title. In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner's rights of the animal(s), the hearing officer as a part of his decision may order, but is not limited to ordering, that one or more of the following actions be undertaken: 1. That the owner's and/or custodian's rights in and to the dog, cat or other animal(s) is terminated; 2. That the owner or custodian of the dog, cat or other animal(s) shall remove the animal(s) from the premises by a specified date; 3. That animal control personnel, after a specified date, shall impound the animal(s). 4. That animal control personnel shall sell, give away, or otherwise dispose of, the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the city or agency as designated by the City for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the City or agency designated by the City. A decision upholding seizure or impoundment shall become effective upon issuance. A decision terminating an owner's rights in the animal(s) shall become effective thirty (30) days from the date the decision is mailed unless a stay of execution is granted. 20 10/13/2009 Chapter 6.10 Potentially Dangerous Dogs Sections: 6.10.010 Definitions 6.10.020 Applicability 6.10.030 Procedure for Declaring a Dog Potentially Dangerous 6.10.040 Pre -Hearing Seizure and Impoundment of Dog 6.10.050 When a I)og May Not Be Declared Potentially Dangerous Section 6.10.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings: a. "Potentially Dangerous Dog" means any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in subparagraph B below. (3) Any dog which, when unprovoked, on two separate occasions within the prior six month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. b. "Severe Injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. Section 6.10.020 Applicability. This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians; or any dogs while utilized by any police department or any law enforcement officer in the performance of police work. Section 6.10.030 Procedure for Declaring_ a Dog Potentially Dangerous. a. If the Animal Services Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, the Officer shall prepare and serve a "Notice of Hearing" on the owner or keeper of such dog. b. The "Notice of Hearing" shall be served on the owner or keeper of the dog, by personal service or by first-class mail with return receipt requested. c. Any and all complaints received from a member of the public which serves as an evidentiary basis for the Animal services officer's finding of probable cause shall be signed by the complainant and served concurrently with the Notice of Hearing. d. The hearing shall be held pursuant to Chapter 6.22 of this Title. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous and may make such orders as are necessary to protect the public health, safety and welfare. Section 6.10.040 Pre -Hearing Seizure and Impoundment of Dog. If upon investigation it is determined by the Animal Services Officer that probable cause exists to believe the 21 10/13/2009 dog in question poses an immediate threat to public safety, then the Animal Services Officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City of Beaumont where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous. Section 6.10.050 When A Dog May Not Be Declared Potentially Dangerous. No dog may be declared potentially dangerous if the following conditions exist: a. If any injury or damage is sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. b. If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. If an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. d. If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. 10/13/2009 Chapter 6.12 DANGEROUS ANIMALS Sections: 6.12.010 Purpose 6.12.020 Inspection 6.12.030 Animals at Large 6.12.040 Temporary Impoundment or Confinement 6.12.050 Hearing Procedures 6.12.060 Dangerous Animals -Disposition 6.12.070 Transfer and Training of Dangerous Animals 6.12.080 Enforcement and Penalties 6.12.090 Exemptions 6.12.010 Purpose. The keeping of an animal defined as dangerous shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City Titles or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3062.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous. 6.12.020 Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever an Animal Services Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, an Animal Services Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Animal Services Officer by this Code or other applicable law; provided that: A. If such property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the Animal. Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. B. If such property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. C. Notwithstanding the foregoing, if an Animal Services Officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he/she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he/she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection. 23 10/13/2009 D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in Subsection C of this Section, to permit any Animal Services Officer to make any inspection provided by Subsection C of this Section. Any person violating this Section may be charged with a misdemeanor. 6.12.030 Animals at Large. A. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty as provided in Subsection B of Section 6.12.080 of this Chapter if such animal bites, attacks or causes injury to any human being or other animal. B. Any person who convicted of violating Subsection A of this Section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three (3) years after the date of conviction. 6.12.040 Temporary Impoundment or Confinement. A. The Animal Services Officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending: 1. Any court proceeding; or 2. A hearing to be held pursuant to Chapter 6.22 of this Title. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous. B. Failure to surrender to the Animal Services Officer upon demand an animal which is subject to being impounded pursuant to this Section shall be penalized as provided in Subsection B of Section 6.12.080. C. An animal impounded pursuant to the authority of this Section shall be returned to the owner as provided by Section 6.12.060 of this Chapter, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 6.12.050 of this Chapter to declare the animal a dangerous animal has not been served on the owner or custodian within fifteen (15) working days after the impoundment. D. In lieu of impounding and if not contrary to public safety, the Animal Services Officer may permit the animal to be confined at the owner's expense in an Animal Services Officer -approved kennel or veterinary facility or at the owner's residence provided the owner: 1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the Animal Services Officer; and 2. Shall make the animal available for observation and inspection by the Animal Services Officer or members of law enforcement or their authorized representatives. The Animal Services Officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. 24 10/13/2009 E. The Animal Services Officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement. F. If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. 6.12.050 Hearing Procedures. A. Petition. If the animal services officer has investigated and determined that there exists probable cause to believe that an animal is dangerous, the Animal Services Officer shall petition the Chief of Police for a hearing for the purpose of determining whether the animal should be declared dangerous. The hearing shall be conducted pursuant to the provisions of Chapter 6.22 of this Title. B. Determinations of Dangerous Animals -Evidence. In making a determination that an animal is or is not dangerous, evidence of the following shall be considered: 1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal; 2. The nature and extent of injuries inflicted and the number of victims involved; 3. The place where the bite, attack or injury occurred; 4. The presence or absence of any provocation for the bite, attack or injury; 5. The extent to which property has been damaged or destroyed; 6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting; 7. Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals; 8. Whether the animal can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the animal had been maintained or cared for by its owner; 10. Any other relevant evidence concerning the maintenance or care of the animal; and; 11. Any other relevant evidence regarding the ability of the owner or the animal services officer, to protect the public safety in the future if the animal is permitted to remain in the City. C. Dangerous Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous and may make other orders authorized by this Chapter and other law. 25 10/13/2009 6.12.060 Dangerous Animals -Disposition. A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be dangerous, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner: 1. Registration. To immediately register the animal that is found to be dangerous with the animal services officer, to comply with the animal services officers requirements for dangerous animals (including, but not limited to, requiring the animal to wear a visible, dangerous animal tag), and to keep such animal properly vaccinated at all times. The owner shall pay a fee to keep or maintain one dangerous animal for a twelve-month term and an additional fee for each additional dangerous animal. The fee shall be paid for each twelve-month term. Should the animal die in any four (4) month term, the owner shall notify the animal services officer of the death within two (2) working days of the death. The owner shall provide proof of the death to the satisfaction of the animal services officer. The amount of the fees shall be established from time -to -time by resolution of the City Council. 2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal services officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the side of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a cleaned sanitary condition. 3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure. 4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal services officer. 5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless thirty days written notice is first given to the Animal Services Officer and the City Clerk's office. 6. Notification. To immediately inform any City, county, postmaster and utility company meter reader and anyone -else that lawfully comes onto the property, of the animal's dangerousness and to inform the animal services officer and/or the hearing 26 10/13/2009 officer if the animal is moved to another location inside or outside the City limits as provided in Section 6.06.150 of this Chapter. 7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three (3) inches high. 8. Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, "tattoo" shall be defined as any permanent numbering of an animal by means of indelible or permanent ink. 9. Inspection. To consent and agree to the entry upon the premises to any Animal Services Officer for the purpose of inspecting the animal and/or premises. 10. Payment of Costs. To make reasonable payment of one-half of the costs incurred by the City and the Animal Services Officer in the hearing process, not to exceed one thousand dollars ($1,000.00). 11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public. The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in Section 6.12.070 of this Chapter. B. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure. C. If, following the hearing, the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, Section 6.12.080(A), which authorizes the hearing officer to order an animal destroyed for violation of this Chapter or failure to meet a condition imposed by the hearing officer. D. Any decisions made by the hearing officer shall be final. E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be dangerous, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. F. If such an unlicensed animal has not been determined to be dangerous, it shall be returned to the owner, -subject to the issuance of a citation for failure to obtain a license. A non -dangerous stray animal will be handled as any other stray animal. 27 10/13/2009 G. In such cases where an impounded licensed animal is found to be dangerous, the animal may be released subject to the conditions set forth in Subsection A of this Section. 6.12.070 Transfer and Training of Dangerous Animals. A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed dangerous under this Chapter to any person within the City, including, but not limited to, temporary housing in privately -owned and commercial kennels unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal. B. Sale or Transfer Outside City. The owner of an animal that has been deemed dangerous under this Chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the Animal Services Officer of the proposed sale or transfer. Such notice shall be given not less than fifteen (15) days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the Animal Services Officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the Animal Services Officer. C. Sale or Transfer Into City. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal services officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the Animal Services Officer's order, the Animal Services Officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this Chapter. D. Fight Training and Animal Abuse Prohibited. It is unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to: 1. The use or possession of treadmills for fight training; 2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions; 3. The use of weights on the animal for fight training; 4. The use of other animals for blood sport training; 5. Any other activity, the primary purpose of which is the training of animals for animal fight exhibitions. 28 10/13/2009 It is further unlawful for anyone to knowingly abuse any animal within the City limits. E. Rewards. Subject to the budgetary and fiscal provisions of this Code, the City is authorized to offer rewards not exceeding two hundred fifty dollars ($250.00) to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, Animal Services Officer or the Mayor. 6.12.080 Enforcement and Penalties. A. Failure to Comply. It is unlawful for the owner of an animal deemed dangerous under this Chapter to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter or of any condition imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the destruction of the animal. No such animal however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen (14) days from the date of the notice: 1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this Chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter; or 2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after (14) fourteen days from the date of such notice, the owner has not complied with the provisions of Subdivisions 1 or 2 of this Subsection, the hearing officer may, without further notice or process, have the animal destroyed. B. Violation -Penalties. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.100 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.06.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.06.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.06.010. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation C. Ownership of Dangerous Animals. The owner of an animal determined to be dangerous under this Chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to Section 6.12.070 of this Chapter that ownership or 29 10/13/2009 possession of such animal by that person would create a significant threat to public health, safety or welfare. D. Enforcement. Any provision of this Chapter may be enforced by the Police Department, Fire Department, the animal services officer or any authorized designee of the City Manager. Complaints of any violations of this Chapter which are subject to penalties under this Section may be presented to the District Attorney's office or to the City Attorney for prosecution. E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this Chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1. F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue anyone or more of the penalties or remedies provided for herein or at law or in equity. 6.12.090 Exemptions. The provisions contained in this Chapter shall not apply to: A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work; B. Any animal shelter owned, operated or maintained by the animal services officer; or C. Any humane society shelter, animal control facility or veterinarian. 30 Sections: 6.14.010 6.14.020 6.14.030 6.14.040 6.14.050 6.14.060 6.14.070 6.14.080 6.14.090 6.14.100 10/13/2009 Chapter 6.14 RABID ANIMALS Destruction of Rabid Dog or Animal Suspect Animal - Confinement and Treatment Quarantine of Rabid Animals Animals Bitten by Rabid Animals -Confinement by Owners Animals Bitten by Rabid Animals -Quarantine by Animal services officer Immunization for Dogs Over Four Months Immunization Method Certificate of Rabies Vaccination -Issuance Certificate of Rabies Vaccination -Prerequisite to Issuance of License Failure to Quarantine 6.14.010 Destruction of Rabid Dog or Animal. If it appears to the animal services officer, upon examination, that any dog or other animal has rabies, he/she shall cause such animal to be destroyed forthwith. 6.14.020 Suspect Animal -Confinement and Treatment. A. Officers or persons capturing a dog or other animal which is suspected of being afflicted with rabies may separately confine such dog or other animal in some safe place and report the capture to the chief of police or his representative and submit such a dog or other animal to the chief of police or his representative for examination. B. The Animal Services Officer, when called upon, shall examine or have examined every such animal and ascertain whether such animal is infected with rabies. C. Owners of animals impounded for quarantine at a City or county facility shall be charged a daily quarantine fee in addition to the regular daily boarding fee. D. Animal Services Officers investigating and authorizing a home quarantine shall collect a fee from the owner or custodian of the animal in an amount established from time -to -time by resolution of the City Council. 6.14.030 Quarantine of Rabid Animals. A. Whenever it is shown that any dog or other animal has bitten any person, the owner or person having custody or possession of such biting dog or other animal shall, upon order of the Animal Services Officer, quarantine it and keep confined for a period not to exceed fourteen days, and shall allow the animal services officer to make an inspection or examination of such dog or other animal at any time during such period; provided, that upon request of the owner, who shall assume any charges therefore, any dog or other animal with a valid vaccination may be confined by a licensed veterinary for observation, and a written release from such veterinary shall be required. B. It is unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the city limits without the written permission of the Animal Services Officer. Every owner or other person having custody or control of the dog or 31 10/13/2009 other animal knowing the same is rabid shall immediately notify the animal services officer or a police officer who shall make the determination to remove the dog or animal from the premises, leave it, or destroy it. 6.14.040 Animals Bitten by Rabid Animals - Confinement by Owners. Whenever any animal has been bitten by another animal having or suspected of having rabies, the owner or person having the custody or possession of the animal so bitten shall immediately notify the animal services officer and shall restrain or confine such animal so as to make it impossible for such animal to bite any other animal or person. 6.14.050 Animals Bitten by Rabid Animals - Quarantine by Animal services officer. The animal services officer shall have the power to quarantine any animal bitten or suspected of having been bitten by a rabid animal. Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the animal services officer, for a period of up to six months or destroyed, with the exception that the following alternatives are permitted in the case of dogs and cats as follows: A. If a dog over one year of age has been vaccinated against rabies within eight (8) months but not less than 30 days with a rabies vaccine of a type approved by the animal services officer for a maximum immunity duration of at least eight (8) months, the dog may be revaccinated immediately (within 48 hours) in a manner prescribed by the animal services officer and quarantined in a place and manner approved by the animal control officer for a period of 30 days following revaccination. B. If a dog under one year of age has been vaccinated against rabies within 04 months but not less than 30 days with a rabies vaccine of a type approved by the animal services officer, the dog may be revaccinated immediately (within 48 hours) in a manner prescribed by the animal services officer and quarantined in a place and manner approved by the animal control officer for a period of 30 days. Allcosts of quarantine shall be paid for by the owner. 6.14.060 Immunization for Dogs Over Four Months. All dogs over four (4) months of age shall be immunized against rabies in the manner set forth in Sections 6.14.070 through 6.14.090. 6.14.070 Immunization Method. Immunization or vaccination with the canine rabies vaccine, one injection or other approved method may be performed by any duly qualified, licensed physician or veterinarian. 6.14.080 Certificate of Rabies Vaccination -Issuance. The person vaccinating each dog described in Section 6.16.070 shall issue a certificate of rabies vaccination. 6.14.090 Certificate of Rabies Vaccination -Prerequisite to Issuance of License. At the time of issuing the license required under Section 6.06.010 for all dogs in the city, the license collector or other proper official shall require the applicant for such a license to produce a certificate of rabies vaccination. The validity of such rabies certificate must extend through the license period. 32 10/13/2009 6.14.100 Failure to Quarantine. Failure to comply with quarantine requirements or failure to produce an animal for quarantine shall constitute a violation of this Chapter. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall, in the discretion of the Animal Services Officer, be administratively cited under section 1.17.100 et seq., or shall be guilty of a misdemeanor, pursuant to Section 041710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the County Jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000) per day of violation, or both fine and imprisonment. Sections: 6.16.010 6.16.020 6.16.030 6.16.040 6.16.050 Chapter 6.16 KENNELS, CATTERIES and ANIMAL RESCUE FACILITIES Commercial Kennel/ Cattery License Required Application Requirements Fees, Fee Exemptions Animal Rescue Facilities Denial, Suspension, Revocation and Appeal of License 10/13/2009 6.16.010. Commercial Kennel/ Cattery License Required. In addition to a business license as required, every person engaged in the business of operating or maintaining a Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel, or cattery shall obtain an appropriate license from the Animal Services Department. Such license shall be valid for a period of either one (1) or two (2) years from the date of issuance. Said license shall be renewed within thirty (30) days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as required by this Title. 6.16.020. Application Requirements. An application for a kennel or cattery license shall be filed with the Animal Services Officer on a form prescribed by him/her not later than ten (10) days after obtaining written verification from the City planning department that the operation of the kennel or cattery is in compliance with the applicable zoning regulations. Said application form, when completed, shall contain such information as may reasonably be required by the Animal Services Officer for the purposes of enforcement of this Title, including but not limited to the current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the Animal Services Officer at the time the application for the kennel or cattery license is submitted. After receipt of a kennel or cattery license application, the Animal Services Officer shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued, nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the Animal Services Officer, satisfies the applicable laws and regulations of the State of California, the applicable Titles of the City and any other applicable conditions as set forth in this Chapter or any other applicable Chapters. Notwithstanding any other provision of this Title, the Animal Services Officer or the Planning Director may, in their respective discretion, limit the numbers of dogs or cats over the age of four (4) months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered. Notwithstanding any other provision of this Title, the Animal Services Officer is hereby authorized to enter upon and inspect the premises of any kennel or cattery located in the CITY for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this Title and the conditions set forth in Chapter 17.09 of the Municipal Code. 34 10/13/2009 As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the Animal Services Officer shall deem appropriate, and such inspections may, at the discretion of the Animal Services Officer, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license. 6.16.030. Fees, Fee Exemptions. The Class I Kennel, Class II Kennel, Class III Kennel, Class Iv Kennel, Sentry Dog Kennel, cattery, and Animal Rescue Facility license fees, and late fees, shall be as set by separate Resolution of the City Council of the City of Beaumont. If an application for a license or renewal of a license is made more than thirty (30) days after the date such license is required or such previous license has expired, a late fee shall be added. A nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10100 for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by this Title; provided, however, that all other provisions of this Title shall be applicable to any such nonprofit corporation, as well as the provisions of Section 6.16.040 of this Title if the nonprofit corporation is an animal rescuer. 6.16.040. Animal Rescue Facilities. Any person engaged in the rescue of animals, shall first obtain a rescue permit from the Department and shall meet all requirements and standards for a kennel/cattery license. a. For an animal rescuer that is not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10100 for the prevention of cruelty to animals, the animal rescuer may keep two (2) dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license, referred in this Title, are met. b. For an animal rescuer that is a valid nonprofit formed pursuant to the provisions of the California Corporations Code commencing with Section 10100 for the prevention of cruelty to animals, the animal rescuer may maintain up to ten (10) dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license are met. Such animal rescuer shall not need to obtain a Class I Kennel permit. c. For an animal rescuer maintaining eleven (11) or more dogs a Class II Kennel License is required, and the minimum land requirement shall be one acre. d. For an animal rescuer maintaining ten (10) or more cats, a cattery license is required; and the minimum land requirement shall be one acre. e. An animal rescuer may keep a maximum of four (4) personal (not for adoption or sale) dogs and nine (9) personal (not for adoption or sale) cats and must include these animals as "personal pets" on the animal rescue permit application. f. Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this Title. g. All rescued dogs and rescued cats older than four (4) months must be spayed/ neutered prior to releasing to an adopting party. In any event, the animal must be altered within 30 days of receipt by the rescuer. 35 10/13/2009 h. Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to Department for inspection upon request. i. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury. 6.16.050 Denial, Suspension, Revocation and Appeal of License. The Animal Services Officer may, in his/her discretion, deny any application for a kennel, cattery or rescue facility license whether such application is for an original license or renewal of a license, and may suspend or revoke any license if it is found that the kennel, cattery or rescue facility fails to meet any or all of the Standards as set forth in this Title, or is in violation of any law of the State of California or any provision of this Title, any provision of any other CITY Title or provision of a Conditional Use Permit. When such denial, suspension or revocation occurs, the Animal Services Officer shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The Animal Services Officer shall serve such notice upon the applicant or licensee by hand -delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective thirty (30) days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this Title is revoked, no application for a new license for such kennel or cattery shall be considered for a period of one (1) year from the effective date of such denial or revocation; provided, however, that for good cause shown the City Council may direct that there be a lesser period of time before such application will be considered. Any person whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, nonrenewal, suspension or revocation by filing with the City Clerk of the within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, non -renewal, suspension or revocation is improper. Within five (5) days of the receipt by the said Clerk of such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than twenty (10) days from the date of mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than forty-five (45) days from the date of mailing of the notice of denial, non -renewal, suspension or revocation; provided, however, that at the request of the appellant, the City Clerk may extend the hearing date for a reasonable period beyond the aforementioned forty-five (45) day limit. The appeal shall be heard by the City Council which may affirm, modify, or reverse the denial, non -renewal, suspension or revocation. In conducting the hearing, the City Council shall not be limited by the technical rules relating to evidence & witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs. During the pendency of the appeal, there shall be in effect an automatic stay of the denial, non -renewal, suspension or revocation; provided, however, that during said period of pendency the Animal Services Officer may take such action as he/she deems appropriate under this Title. or any other provision of law respecting the subject kennel or cattery, including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of this Title. 36 10/13/2009 or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed. 37 10/13/2009 Chapter 6.18 LARGE ANIMALS Sections: 6.18.010 Running at Large Impoundment 6.18.020 Notice of Impoundment - Required 6.18.030 Fees and Charges - Impounded Animals -Redemption 6.18.040 Right to Redeem 6.18.050 Sale of Impounded Animal - Terms - Time 6.18.060 Sale of Impounded Animal - Bill of Sale 6.18.070 Sale of Impounded Animal - Proceeds 6.18.080 Records 6.18.010 Running at Large—Impoundment. No person owning or having the care, custody, or control of any horse, mule, jack, cow, sheep, goat, or other domestic animal or livestock shall permit the same to be at large and not be under the immediate control of some person. No person shall picket such animal in such a manner that the animal can go upon any of the streets, alleys, or public parks, or public grounds within the city. It shall be the duty of the animal services officer to impound any animal that may be found running at large. 6.18.020 Notice of Impoundment - Required. Within not less than two (2), nor more than five (5) days from the impoundment of any animal under this Chapter, it shall be the duty of the animal services officer to give notice of the impounding of such animal to the owner or person claiming to own such animal. If the owner cannot be ascertained, a notice shall be posted for five days in a conspicuous place in the City therein giving a description of each animal impounded and stating that if such animal is not sooner redeemed, the animal services officer will at a time and place named in such notice, sell such animal at public auction to pay the charges and costs provided for in this Chapter. 6.18.030 Fees and Charges - Impounded Animals -Redemption. Any person owning or claiming to own any animal under the provisions of this Chapter may redeem such animal by payment of the fees and charges established in amounts by resolution of the City Council: a. Impoundment. The City shall charge a fee for impoundment, plus the actual costs of transporting the animal, veterinary care and related services rendered to the animal while impounded, the actual costs for the animal services officer, as well as any other agencies involved, the actual costs of sale incurred, actual costs of any extraordinary measures required in or for the handling and maintaining of the animal while impounded. Upon impounding any bovine animal, horse, mule or burro, the animal services officer shall comply with Food and Agriculture Code Section 17003 and immediately notify the Secretary of Food and Agriculture. b. Feeding and Keeping. For feeding and keeping any animal, a fee for each day or fraction thereof the same shall remain in the animal services officer's custody. 6.18.040 Right to Redeem. Any animal impounded under this Chapter may at any time be redeemed upon payment to the animal services officer of such fees and charges as may have already been incurred per Section 6.20.030. 6.18.050 Sale of Impounded Animal - Terms - Time. At the time and place set forth in the notice of sale, the animal services officer shall cause the sale of the impounded animal at 38 10/13/2009 public sale, to the highest bidder, for cash. If no bid is offered for such animal, the animal services officer may cause the sale of such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. 6.18.060 Sale of Impounded Animal - Bill of Sale. The animal services officer, upon receiving the purchase money for an animal sold under this Chapter shall provide the purchaser with a bill of sale signed by the animal services officer. 6.18.070 Sale of Impounded Animal - Proceeds. All money received for the sale of an animal under the provisions of this Chapter shall be deposited in the general fund of the City. 6.18.090 Records. It shall be the duty of the animal services officer to maintain accurate records on all animals impounded, redeemed or sold under the provisions of this Chapter. 39 10/13/2009 Chapter 6.20 APIARIES Sections: 6.20.010 Purpose and Intent 6.20.020 Definitions 6.20.030 Hives 6.20.040 Fencing of Flyways 6.20.050 Water 6.20.060 General Maintenance 6.20.070 Queens 6.20.080 Colony Densities 6.20.090 Marking Hives, Presumption of Beekeeping 6.20.100 Inspection 6.20.110 Compliance 6.20.010 Purpose and Intent. The city Council finds that honey bees are of benefit to mankind by providing agriculture, fruit, and garden pollination services and by furnishing honey, wax, and other useful products. The City Council recognizes that gentle strains of honey bees can usually be maintained within populated areas within reasonable densities without causing a nuisance if the bees are properly located and carefully managed. The purpose of this Chapter is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas. 6.20.030 Hives. All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and useable condition. 6.20.040 Fencing of Flyways. In each instance in which any colony is situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest establishment, the beekeeper shall maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of the apiary tract. 6.20.050 Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcock, pet watering bowls, bird baths, or other water sources where they may cause human, bird, or domestic pet contact. 6.20.060 General Maintenance. Each beekeeper shall ensure that no bee comb or other materials are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly de disposed in a sealed container or placed within a building or other bee proof enclosure. 40 10/13/2009 6.20.070 Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred for gentleness and non - swarming characteristics. 6.20.080 Colony Densities. A. It shall be unlawful to keep more than the following number of colonies on any tract within the City, based upon the size of configuration of the tract on which the apiary is situated: 1. One quarter acre or less tract size two (2) colonies. 2. More than one-quarter acre but less than one-half acre tract size four (4) colonies. 3. One-half acre but less than one acre tract size six (6) colonies. 4. One acre or larger tract size eight (8) colonies. Regardless of tract size, where all hives are situated at least two hundred (100) feet in any direction from the property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies. Regardless of tract size, so long as all property, other than the tract upon which the hives are situated, that is within a radius of at least two hundred (200) feet from any hive remains undeveloped property, there shall be no limit to the number of colonies. B. For each two (2) colonies authorized under Colony densities (Subsection A) there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth ten -frame hive body with no supers attached as required from time to time for management of swarm. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days after the date it is acquired. 6.20.090 Marking Hives, Presumption of Beekeeping. A. In apiaries, name and telephone numbers shall be branded, painted, or otherwise clearly marked upon the structure of at least two (2) hives at opposite ends of the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth the name and telephone number of the beekeeper. It is a defense to prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides. B. Unless marked in accordance with Subsection (A) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper. 41 10/13/2009 6.20.100 Inspection. The Animal services officer shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives. 6.20.110 Compliance. A. Upon receipt of information that any colony situated within the City is not being kept in compliance with this Title, the Department shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of hearing to be issued to the beekeeper. B. The notice of hearing shall set forth: 1. The date, time and place at which the hearing will be conducted. 2. The violation(s) alleged, 3. That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses, and request a court reporter. 4. That the bees may be ordered destroyed or removal from the City if the hearing officer finds that they have been kept in violation of this article. Notice shall be given by certified United States Mail or personal delivery. However, if the City is unable to locate the beekeeper, then the notice may be given by publication one time in a newspaper of general circulation at least five (5) days prior to the date of the hearing. C. The hearing shall be conducted by the Hearing Officer . The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this Title. If the hearing officer finds that the colony or colonies have been kept in violation of this Chapter, then he may order that the bees be destroyed or removed from the City, not to exceed twenty (10) days, and that bees not thereafter be kept upon the tract for a period of two (2) years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he may issue a warning in lieu of ordering the bees be removed or destroyed. Upon failure of the beekeeper to comply with the order, the officer may cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expense for their return. D. The decision of the hearing officer may be appealed to the City Council by filing a notice to appeal with the City within ten (10) days following the date that the hearing officer announces his decision, or if the decision is not announced at the conclusion of the hearing, then within fifteen (15) days following the date that the hearing officer places written notice of his c\decision in the mail to the beekeeper. An appeal shall not sway the hearing officer's decision, and it shall be the responsibility of the beekeeper to remove the bees from the City pending the determination of the appeal. 42 10/13/2009 E. The provisions of the section shall not be construed to require a hearing for the destruction of (1) any bee colony not residing in a hive structure intended for beekeeping or (2) any swarm of bees or (3) any colony residing in a standard or man-made hive, which by virtue of its condition, has obviously been abandoned by the beekeeper. 10/13/2009 Chapter 6.22 Animal Control Hearings Section: 6.22.010 Purpose 6.22.020 Neutral Hearing Officer 6.22.030 Scheduling the Hearing 6.22.040 Hearing Procedures 6.22.050 Recording 6.22.060 Hearing Officer's Decision 6.22.070 Appeal to the Riverside County Superior Court 6.22.080 Failure to Appeal 6.22.010 Purpose. It is the purpose of this Chapter to provide standardized animal control hearing procedures concerning the seizure and impoundment of animals. Specifically, the hearings required by Chapter 6.08 regarding seizure and impoundment, Chapter 6.10 regarding potentially dangerous dogs and Chapter 6.12 regarding dangerous animals, shall be conducted in accordance with the procedures set forth in this Chapter 6.22. 6.22.020 Neutral Hearing Officer. All hearings conducted pursuant to this Chapter shall be conducted by the Chief of Police or his designee who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal(s). The name of the candidate hearing officer shall be promptly communicated to the owner of the animal, and the owner shall have 24 hours to disqualify the candidate on the grounds that the owner reasonably believes that the candidate is prejudiced against the owner or the interests of the owner. 6.22.030 Scheduling the Hearing. The designated hearing officer shall schedule the hearing, and the hearing shall be conducted, within 10 business days of the date the hearing officer is appointed; provided, however, that the hearing officer may continue the hearing for a reasonable period of time if he/she deems such continuance to be necessary and proper, or if the owner or custodian of the animal shows good cause for such continuance. 6.22.040 Hearing Procedures. To the extent applicable and feasible, the hearing officer shall conduct the hearing in compliance with the following guidelines: A. The Animal Services Officer shall have the burden of proof to establish, by a preponderance of the evidence, the existence of the condition or conditions which gave rise to the need for seizure or impoundment or otherwise. B. The Animal Services Officer shall present its case first, following by the party against whom the seizure or impoundment is being proposed. The Animal Services Officer may present rebuttal in the discretion of the hearing officer. C. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to this issue even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence. D. Oral evidence shall be taken only on oath. 44 10/13/2009 E. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing to explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be irrelevant and unduly repetitious evidence shall be excluded. 6.22.050 Recording. The hearing may be recorded if ordered by the hearing officer or requested by the owner or custodian of the animal. A stenographic report shall also be made of the proceedings if ordered by the hearing office or requested by the owner or custodian, with the costs thereof to be borne by the person making the order or request. A copy of the recording or transcript of the proceeding shall be made available to person upon request and upon payment of the cost of the preparation thereof. 6.22.060 Hearing Officer's Decision. Within 3 business days after the conclusion of the hearing, the hearing officer shall render, in writing, his/her findings, decision and order thereon, and shall give notice, in writing, of the determination and orders issued, either personally or by first-class mail, postage prepaid. Specific findings that shall be made by the hearing officer, and a more complete statement of the hearing officer's disposition authority may be found in Chapters 6.08, 6.10 and 6.12 of this Title. 6.22.070 Appeal to the Riverside County Superior Court. If the owner or custodian of the animal contests the hearing officer's determination, he/she may, within 5 days of the receipt of the notice of determination, appeal the decision to the Riverside County Superior Court and shall pay a fee for filing such appeal to the Clerk of the Court, as provided in Section 70826(b) of the Government Code. The owner or custodian of the dog shall serve personally, or by first-class mail, postage prepaid, the notice of appeal on the Chief of Police. The Court hearing the appeal shall conduct a hearing in accordance with the provisions of Section 30612(b) of the Flood and Agriculture Code. The determination of the Court hearing the appeal shall be final and conclusive upon all parties. 6.22.080 Failure to Appeal. If the owner or custodian of the animal fails to appear at the hearing, the hearing officer, and the Superior Court hearing the appeal, may decide all issued for or against such absent owner or custodian. City of Beaumont 550 F. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@c-Lhealimont.ca.us www,ci,beaumont,ca,us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 6, 2009 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 960 An Ordinance of the City Council of the City of Beaumont, California amending, in its entirety, Title 6 of the Beaumont Municipal Code Entitled "ANIMALS" It is the purpose and intent of this Ordinance to amend Title 6 of the Beaumont Municipal Code which provides for the regulation of animals, including, but not limited to, licensing, neutering, possessing and controlling animals. This Ordinance will also regulate commercial establishments relating to animals. This Ordinance also enacts enforcement provisions for the violation of such regulations. Date: September 22, 2009 Shelby Hanvey Deputy City Cl Publish one time only in the Record Gazette on September 25, 2009 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4306 Notice Public Hearing Beaumont City Council Ordinance No. 960 - "Animals" STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 09/25 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. -i_s2.--X-1—.43:33 signature Date 09/25/09 at Riverside, Californ ia. This space for County Clerk's Filing Stamp NOTICE IS HEREBY GIV- EN, that the Beaumont City Count *II amduct a public on Tuesday October 9, 2 ;et atp; proximately is p.m. in room 5 at the Bewmont Civic Center,• E..::6 Street,th ° Beaumont, -Ca c r- nia 92223, to receive testi- mony and comments from all interested perSOM garding the adoption the followingminerfs). Ordkunce No. !f An Ordinmce Council of -the City of Beaumont, , California 'nia° amending, In its antfrety, Title 8 of the Beaumont Imola Code EntiVed "ANIMALS". It is the purpose and intent of this Ordinance to amend Tale 6 of the Beau- mont 3ipaid Code which- ' _3 for the reg- ulation , includ- ing, but 'limited to, li- censing, : neuterjng, pos- sessing'.. andolling; animals.fite, mer- relat- This Ordi- enwts forcer• is for the violation -of such regu- lations. Havey City Clerk Seidember42; 2009 Publish Record - Gazette No 4306 9/25, 2009 City of Beaumont 550 E, 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: ciryhall@ci,beazi ont,ca. s www,ci,beauinont,ca, us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conducted a public hearing on Tuesday, October 6, 2009 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 960 An Ordinance of the City Council of the City of Beaumont, California amending, in its entirety, Title 6 of the Beaumont Municipal Code Entitled "ANIMALS" It is the purpose and intent of this Ordinance to amend Title 6 of the Beaumont Municipal Code which provides for the regulation of animals, including, but not limited to, licensing, neutering, possessing and controlling animals. This Ordinance will also regulate commercial establishments relating to animals. This Ordinance also enacts enforcement provisions for the violation of such regulations. Ordinance No. 960 was adopted at its second reading on October 20, 2009 by the following vote: AYES: Mayor Pro Tem Dressel, Council Members Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox Date: October 21, 2009 , i,L( Shelby HanveyA Deputy City Cl,yYc Publish one time only in the Record Gazette on October 30, 2009 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4430 Notice Beaumont City Council Ordinance No. 960 "Animals" STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/30 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. Date 10/30/09 at Riverside, California. This space for County Clerk's Filing Stamp Legal Notice- NOTICE IS HEREBY GIV- EN, that the Beaumont. City Council conducted a public hearing on Tuesday,. October 6,,. 2009 at ap- proximately p-proxir tely 6:00 p.m.- in room 5 at the ..Beaumont Civic. Center, '550 E. 6th Street,, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the egarding;the adopn=of`the following matter(s): Ordinance No.960,An Or dinance of the City Council of the City- of, Beaumont. California amending, . in its entirety, Title .6 of the Beaumont Municipal Code Entitled "ANIMALS" It is the purpose and intent of this Ordinance to amend Title 6 of the Beau- mont Municipal _Code which -provides for the reg- ulation of animals, includ- ing, but not limited to, 1- censing, neutering, pos- sessing and controlling animals. This Ordinance will also regulate commer- cial .establishments relat- ing to animals. This Ordi- nance- also, enacts en- forcement provisions ' for the violation of such regu- lations. Ordinance No. 960 was adopted at its second reading on October 20, 2009 by the following vote: AYES: Mayor Pro Tem Dressel, Council Mem- bers Berg, DeForge, and Gall NOES: None ABSTAIN:. None ABSENT: Mayor Fox Date: October 21, 2009 "Shelby Hanvey Deputy -City Clerk Published: Record Gazette, One. Time only October 30, 2009 Publish' the Record Gazette No. 4430 lx/3o, 2009 ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.09 "ANIMAL KEEPING" AND CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONE DISTRICTS" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.09, entitled "Animal Keeping", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Chapter 17.03.120, entitled "Permitted Uses for Base Zone Districts", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "B", which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 20th day of October, 2009, by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Members Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox MOVED, PASSED AND ADOPTED this 3rd day of November, 2009, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, DeForge, Berg, and Gall NOES: None ABSTAIN: None ABSENT: None ATT Deputy City Cler CITY OF BEAUMON By j�. 1 ayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 961 duly introduced at a regular meetingof the City Council of the City of Beaumont held on 10/ 20 , 2009, and was � dulyadoptedupon u on a second reading on 11/3 , 2009, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By akAA Deputy City Cler 2 Exhibit A Animal Keeping section Contents 17.09.10 Purpose and Authority 17.09.20 Applicability 17.09.30 Domestic Animal Keeping 17.09.40 Performance Standards for Pens, Stables, and Other Animal Keeping Uses 17.09.50 Development Standards for Pens, Stables, and Other Animal Keeping Uses 17.09.60 Environmental Management 11.09.10 Purpose and Authority This Chapter establishes provisions for the regulation of animal keeping within the City of Beaumont. It is the intent of this Chapter to accomplish the following: A. To ensure that animal keeping within the City of Beaumont does not result in an adverse impact related to a health and safety violation; B. To eliminate conditions that contribute to environmental degradation and pollution; and, C. To ensure that the keeping of animals does not create a nuisance. 11.09.20 Applicability This Chapter is applicable to all Zone Districts in the City of Beaumont. 11.09.30 Domestic Animal Keeping Domestic and non -dangerous wild animals may be kept or maintained as pets or for the non-commercial use of members of the family residing on the premises subject to the following restrictions and in conformance with Title 6, and all other local, state and federal laws. A. Large Anima/s, Lots or parcels of land within the Rural Residential (R -R) zone district having a minimum area of twenty thousand (20,000) square feet per dwelling unit may keep or maintain the large animals listed in Table 17.09-1 in the numbers specified, not to exceed one (1) animal per twenty thousand (20,000) square feet. Other large animals that, in the opinion of the Planning Director are neither obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are permitted with the same numerical limitations. Such animals shall be kept or maintained in full compliance with applicable Riverside County Health Department regulations. Horses, donkeys, mules, pigs, and other equine cattle and cows One (1) over nine (9) months of age for each twenty thousand (20,000) square feet of lot area Sheep and goats One (1) over six (6) months of age for each twenty thousand (20,000) square feet of lot area B. Small Animals. Small animals permitted in all residential zones shall include rodents, birds, non- poisonous snakes, chickens and other barnyard fowl, peafowl, monkeys, rabbits and similar species which do not constitute a public nuisance. Other similar small animals that in the opinion of the Planning Director are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are permitted. Such animals shall be kept or maintained at a place where the keeping of domestic animals is permitted and shall be maintained in full compliance with Riverside County Health Department regulations. The number of small animals is limited to no more than ten (10) per household. C. Dogs and Cats. Domesticated dogs and cats are limited to a maximum for four (4) dogs and nine (9) cats over the age of four (4) months for each developed residential lot consistent with Title 6. D. Other. Other animals as provided for by Title 6. 11.09.40 Perlormance Standards for Pens, Stables, and Other Animal Keeping Uses Accessory structures and other improvements related to the keeping of animals must conform to the following performance standards and in conformance with Title 6. A. Fencing. All persons owning or having care, custody, or control of any animal, fowl, domestic or otherwise, shall maintain adequate fencing to hold the animal, fowl, domestic, or otherwise, from wandering or flying upon the property of another B. Use of Anima/ Keeping Improvements. The use of animal keeping improvements and accessory structures will not be permitted to create a nuisance for neighboring properties. Such nuisances may include, but not be limited to, noise, light and glare, odors, or fugitive dust. C. Housekeeping. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste, and must comply with other provisions outlined in Sections 17.09.70. D. Restrictions. The use of animal keeping improvements and accessory structures shall not be permitted to unduly interfere with the free and unencumbered enjoyment and use of adjoining or nearby residential Tots or otherwise be detrimental to the public health, safety or welfare. E. Portab/e Facilities. The construction, placement, and use of portable facilities, including but not limited to fences, structures used for the storage of animal feed, and animal shelters, must be in conformance with all of the provisions outlined in this Section 17.09.60. 11.09.50 Development Standards for Pens, Stables, and Other Animal Keeping Uses Accessory structures and other improvements related to the keeping of animals must conform to the following development standards. A. Horse Stab/es. Horse stables are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The stable shall be located at least fifty (50) feet from any street and not less than fifty (50) feet from any lot line. B. Riding Ring and Dresage Ring. Other equestrian improvements are restricted to those lots that have a total land area of more than one (1) acre. Such uses shall be located at least one hundred and fifty (150) feet from any street and not less than fifty (150) feet from any lot line unless a standards modification is approved. C. Pens and Enclosures for Other Anima/s. Pens and enclosures for other large animals identified under Section 17.09.30.A are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The pen or enclosure shall be located at least fifty (50) feet from any street and not less than fifty (50) feet from any lot line unless a standards modification is approved. D. Pig Pens. Pig(s) shall be confined in a pen or other enclosure. If the pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor. Pens and enclosures for pigs are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The pig pen shall be located at least fifty (50) feet from any street and not less than fifty (50) feet from any lot line unless a standards modification is approved. E. 15,000 square feet F. Modifications. Requests for modifications from the setback requirements of this Section shall be submitted to the Planning Director for consideration. 11.09.60 Environmental Management This section outlines the requirements governing the maintenance and upkeep of animal keeping facilities that includes, but may not be limited to, stables, pens, corrals, equestrian rings, and other structures used for the housing of animals. A. Water Runoff. All animal -keeping facilities must be designed in a manner so that water runoff is contained and disposed of in such a manner so that the runoff does not contribute to the pollution of local groundwater or the flooding of adjacent properties. B. Open Water Containers or Standing Water. Open watering containers must be designed so that they doe not become attractants for mosquito larvae. Standing water is not permitted. C. Waste and Debris Containers. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste. Storage containers for such debris, trash, and animal waste must be kept closed at all times. D. Odors. Animal keeping facilities and accessory uses must be designed and maintained to prevent odors from affecting adjacent properties. E. Feed Storage. Buildings, containers, or any other improvement used for the storage of feed must be constructed of materials to ensure that such feed is not an attractant to insects, rodents, and other vectors and to control odors. F. Pest Control. All animal -keeping facilities must be kept free of vectors through periodic pest control inspections. G. Chemicals. The storage, handling, and disposal of any potentially hazardous chemicals or commercial products used in the routine maintenance of animal control facilities or in the care of the animals,, must adhere to all pertinent Federal, State, or Riverside County Health Department regulations. H. Fugitive Dust and Particulates. All animal keeping facilities and accessory uses must be designed and maintained to prevent fugitive dust and particulates from affecting off-site locations. I. Noise. All keeping of animals permitted herein shall be conducted in a manner which does not result in nuisance noise detrimental to residential living. Animals shall be kept and maintained in manner which contains animal sounds and noise consistent with applicable laws and regulations. J. Manure. Refuse excrement and manure from animals, poultry, fowl or any livestock shall not be permitted to accumulate on any premises in the City for a period in excess of fourteen (14) days and shall be removed from such premises at not less than 14 -day intervals unless spread upon and buried in the earth. Pending its removal from the premises, refuse excrement or manure shall be piled in a well drained area on a base at least four inches above the surrounding levels, to the end that storm or surface waters will flow away from, rather than into the pile. K. Dead Anima/s. Dead animals, fowl or poultry, and offal, pending removal from the premises must be in fly tight containers. L. Flies. Upon inspection, should the animals services officer discover flies in unreasonably excessive numbers, he shall require further controls through the use of insecticides, chemicals or other means. Exhibit B 11.03.120 Permitted Uses for Base Ione Districts The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03-3. Administrative/Professional Offices Advertising Agencies Architectural/Engineering/Desi • n Services Attorney/Legal Services Business Management Services Government Offices Travel Agencies Animal Keeping (Commercial Use Animal Keeping Accesso Use Animal Rescue Facilities Apiaries Aviaries Catteries Commercial Growing Establishments Dairies Produce Stands Stables Bars or Cocktail Lounges Liquor Stores Restaurants with Alcoholic Beverage Sales Automobile, Motorcycle, and Marine Craft Sales Automobile Parking Facilities Automobile Rental Agencies Automobile Repair Facilities Automobile Towing and/or Wreckin• Facilities Body and Paint Shops Car Wash Gas/Service Stations Limousine Services Towing Services With Outdoor Vehicle Stora Truck/Trailer Rentals N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Cellular Communication Facilities Radio and Television Broadcastin Satellite Dishes (Non -Private Satellite Dishes (Private Use Commercial Day Care Facilities Elementary, Junior, and High Schools/Public Elementary, Junior, and High Schools/Private Building Materials with outdoor sales/stora Equipment Sales and Rentals Florists N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Office Equipment, Furniture, and Supplies Single -Room Occu ant SRO) Facilities Trailer Parks and Campsites Apparel/Textile Products Assembly Plants Bottling Plants N N N N N N N N N N N N N N N N N N N N N Bulk Postal Service Facilities Chemicals N N N N N N N N N N N N N N Contract Construction Services Data Services N N N N N N N N N N N N N N Exterminating Services Feed and Fuel Yards N N N N N N N N N N N N N N P P P P P P P P P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Food and Kindred Products Furniture Lumber/Wood Products Moving and Storage Establishments Metal Salvage Yards Paper Products Petroleum -Related Materials Primary Metal Industries (Electroplating) Printing/Publishing Professional/Scientific/Electronic Products Research Services and Laboratories Retail Sales of Products Manufactured or Stored Sandblasting and Beadblasting Taxidermy N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N P P N P N P N P N P N C N C N P N P N P N P N C N C Ambulance Services N N N N N N P P Animal Hospitals/Veterinaries Clinics Convalescent Homes Chemical Dependency Clinics Hospitals Medical/Dental Offices Pharmacies N N N N N P P P N N N N N P P N N N C C C P P N N N N N C C N N N N N N N P P N N N N N N P P N N N N N N P P N Pharmacies, with drive-through N N N C N Banking, Credit Unions, Financial Services Barbers and Beauty Parlors Cemeteries Check Cashing Services N N N P P N N N N N N P P N N C C C C C C C N N N N N P P N Commercial Pet Grooming Services Dry Cleaners Funeral Parlors, Mortuaries Laundries, Laundromats Locksmith and Key Shops Pawnbrokers N N N N N P P N N N N N P P N N N N N C C N N N N N P P N N 'N N N N N N N P P P N N N N N C C N Photocopying and Photo Developing Services Photography Studios N = Not Permitted P = Permitted N N N N N P P P N N N N N P P N C = Conditionally Permitted A = Permitted as an Accessory Use Shoe Repair Shops Tailors N N N N N P P N N N N N N P P N Tattoo/Body Piercing Services N N N N N C C N Community Recreation Centers Cultural Facilities Libraries P P N N N N N N P P N N N N N N P P N N N N N N Museums Parks P P N N N N N N P P N N N N N N Public Safety Facilities N P N N N P P P Senior Citizen Activity Centers N P N N N P P N Adult -Oriented Businesses Amusement Parks Athletic Fields Batting Cages N N N N N N N C N N C N N N C N N P P P P N N N N N N N N N C C Billiard and Pool Halls Bowling Alleys N N N N N C C N N N N N N P P N Dance Studios N N N N N P P N Golf Driving Ranges C N N N N N C N Health Clubs and Gymnasiums Miniature Golf Courses N N N N N C C N N N C N N N C N Off -Road Mini -Bike and Motorcross Courses Public Auditorium/Auditoriums Shooting Range (Indoor) Skating Rinks C N C N N N N N N P N N N N N N N N N N N N N C N N N N N N C N Video Arcades N N N N N C C Collection Facilities N N N N N C C Processing Facilities Churches N N C C C C C Monasteries, Convents, or Similar Religious Use ei1* Svc Electrical and Household Appliances Repair Furniture Refinishing Furniture Reupholstering N = Not Permitted N N C C C C C C N N N N N N N N N N P P P P P P N N N N N N N P P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Lawnmower Re air/Sales Shops Machine Shops Welding Shops Accessory Guest Houses Accessory Rental Units ("Granny Flats") Boarding or Rooming Houses Caretaker's Unit Congregate Care Facilities N P N P N N N N N C C C Day Care Centers, Small Family- 1 to 8 Children Day Care Centers, Large Family -7 to 14 Children Duplexes Group or Community Care Facilities - 6 or fewer Group or Community Care Facilities - 7 or more Home Occupation Businesses Mobile Home Parks N N N N N N N P P P C C C N N N N N N N N N N N P P P N N N N N N N C N N N Mobile Home or Manufactured Housing Units Multiple -Family, Apartment & Condominiums Planned Residential Developments Senior Housing Developments Single -Family Dwellings N N P P P N N N N N N N P N N N N Delicatessens N N N P P P P P P N N N C N N N N N N N N P P N Fast -Food Restaurants - Without Drive-Thru Fast -Food Restaurants - With Drive-Thru Sit -Down Restaurants N N N N N P P N N N N N N C C N C N N N N P P N Sit Down Restaurant with live Entertainment Restaurant, serving alcohol C N N N N C C N C N N N C N Philanthropic and Charitable Institutions Service Organizations N N Street/Craft Fairs and Farmers' Markets Temporary Structures (Subdivision sales Office) Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days N C C N N P C C N P C N P C C P C C P C N P C Outdoor Displays N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Parking Lot Sales Amusement Enterprises rans .................... ................. N C N N N C C C C N N N C Bus Passenger Terminals N N N N N C C C Charter Bus Companies Motor Vehicle Transportation (Taxi/Shuttle) Truck Stops and Terminals Public Utility/Service Structures Sewage Disposal Facilities/Waste Transfer N N N N N C C C N N N N N C C C N N C N P N N N N N P P P N C Utility Company Offices N P N N N N N N N N N N P P Water Storage, Distribution, and Collection Public Storage Facilities N P N N N N N N N N N N C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4360 Notice Beaumont City Council Ordinance No. 961 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/09 all in the year 2009 I certify (or declare) under penalty of per- jury Af.t the foregoing is true and correct. ...li ......1 .A. . e 44 .A / signature Date 10/09/09 at Riverside, California. This space for County Clerk's Filing Stamp nt, Cal - receive " merits *ns on of An tuft Muntedpal ve purpose amendments is 10 update nue 17:7ZOning"_ and it in newly irmals"„ - `i.eator of Plati!mlg Publish thRecorrJ Gazette' No4360' 40/0, 16,2,-200-9 ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING CHAPTER 3.23 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 3.23 of the Beaumont Municipal Code, entitled "Western Riverside County Transportation Uniform Mitigation Fee Program" is hereby repealed in its entirety. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of October, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Berg, DeForge, Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Dressel MOVED, PASSED AND ADOPTED this 20th day of October, 2009, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Members Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Fox ATTEST: CITY OF BEAU By Deputy City Cle a NT • TEFF /FOX, ayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 962 dulyintroduced 1 at a regular meeting of the City Council of the City of Beaumont held on October 6 2009 and was as duly adopted upon a second reading on October 20, 2009 bythe roll indicated call votes indicated therein. (SEAL) CITY OF BEAUMNT '\ By Deputy City Cl 2 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4571 Notice City of Beaumont Ordinance No. 962 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 11/27 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. 2a) .) signature Date 11/27/09 at Riverside, California. This space for County Clerk's Filing Stamp ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE - CITY OF BEAUMONT, CALIFORNIA REPEALING CHAPTER 3.23 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "WEST- ERN RIVERSIDE COUNTY TRANSPORTATION UNI- FORM MITIGATION FEE PROGRAM" BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVER- SIDE COUNTY, STATE OF CALIFORNIA AS FOL- LOWS: Section 1: Chapter 3.23 of the Beaumont Mu- nicipal Code, entitled "Western Riverside County Transportation Uniform Miti- gation Fee Program" is hereby repealed in its en- tirety. Section 2: This Ordi- nance shall take effect as provided by law. MOVED AND PASSED "upon first reading this. 6th day of Oc- tober, 2009, by the follow- ing roll call vote:AYES: Mayor Fox, Council Mem- bers Berg, DeForge, Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Dressel MOVED, PASSED AND ADOPTED this 20th day of October, 2009, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Dressel, Council Mem- bers Berg, DeForge, and Gall NOES: None AB- STAIN: None ABSENT: Mayor Fox CITY OF BEAUMONT Jeff Fox Mayor ATTEST: Shelby Hanvey Deputy City Clerk Publish The Record G`a- zette No. 4571 11/27/09 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4413 Notice Beaumont City Council Odinance No. 963 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/23 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signature Date 10/23/09 at Riverside, California. This space for County Clerk's Filing Stamp Legal ertisement NOTICE IS HEREBY GIV- EN that the Beaumont City Counciwiil conduct a pub- lic hearing on Tuesday, November Nov3, 2009 at ap- proximately 6:00 p.m., in the Room 5 at the Beau- mont Civic Center, 550 E. 6th Street,-,Beauri ont,.Cal- ifornia 92223, , to receive testimony and comments from all interested persons following The adoption of the matter(s): OrdirwiveNO, 90 An OrdiniinCe of the city CounClt Of the Cts. `of aumoht, - California that !Ail nd;Sections munic17.06;0 . umont Code. The purpose of these amendments is to update Title 17.06 "Landscaping Standards" and bring it in conformance : with . state law Water -Conserva- tion in Landscaping Act of 2006 Assembly Bill 1881). The Water Conser- vation in Landscaping Act requires Cities to adopt landscape conservation ordinances by January 1, 2010. Date: October 19, 2009 Rebecca Deming Assistant Director of` Plan- Hing Publish tQ Record Gazette No. 413 10/23, 2009 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4432 Notice of Public Hearing - Beaumont Planning Commission and City Council - Ordinance No. 964 - Resolution No. 2009-34 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 10/30 all in the year 2009 I certify (or declare) under penalty of per- jury that the foregoing is true and correct. ,Z;.___ - , signature Date 10/30/09 This space for County Clerk's Filing Stamp City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 76945 www.abeaumont.m.us Legal Advertisement NOTICE IS HEREBY GIV- EN that the Beaumont Planning Commission and City Council will conduct public hearings with re- spect to the matter de- scribed below. The Plan- ning Commission's public hearing ` will be held on Tuesday, November 10, 2009 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic- Cen- ter, . -550 E. 6th Street, Beaumont, - California 92223. The City Council's public hearing on this mat- ter will be held at 6:00 p.m. on Tuesday, December 1, 2009 in the Council Cham- bers at Beaumont City Hall, 550 East Sixth Street, Beaumont, Califor- - nia to receive testimony and comments from all in- terested persons regard- ing the adoption of the fol- lowing matter(s) Ordinance No. 964 An Un- codified Ordinance of the City Council of the City of Beaumont, California adopting a Zone Change to Re -zone 8.8 acres ,of land from R -SF (Residen- tial -Single Family) to M (Manufacturing). (09-RZ 'Rer esolution No. 2009-34 A Resolution of the -City Council of the City of Beaumont, California adoPting--an amendment to the General_. -Plan Land Use Element map of a 8.8 acre. area,,from R -SF (Sin- gle -Family Residential) to M (Manufacturing). (09 - GPA -01) 09 -GPA 01) The - purpose of these. amendments is to re -zone parcels 417-110-007,008 and 013 through 016 and 417-130-006, 009, 013, 014, and 016 from Resi- dential Single Family to Manufacturing: Theareais is located south of Fourth Street, West of Olive Street, East of Elm Av- enue and North of Second Street. This proposed ac- tion was. initiated by the City of Beaumont at the re- quest of property owners within -the area described. Date: ::. October 22, 2009 Rebecca Deming Assistant Drector of -Planning Published: Onetime only no later than October 30, 2009 Publish the Record Gazette No. 4432 10/30, 2009 ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.06 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "LANDSCAPE STANDARDS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.06, entitled "Landscape Standards", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 3`d day of November, 2009, by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 17th day of November, 2009, upon.second reading by the following roll call vote: AYES: Mayor Fox, Council Members Dressel, Berg, DeForge, and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cl CITY OF BEAUMOT By Jefff'oxI Mayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 963 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 11/3 , 2009, and was duly adopted upon a second reading on 11 /17 , 2009, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Deputy City Clerk 2 Chapter 11.06 Landscaping Standards Section Contents 17.06.010 Intent 17.06.020 Definitions 17.06.030 Applicability 17.06.040 Landscape Documentation Package Requirements 17.06.050 Street Trees 17.06.060 Ground Cover 17.06.070 Landscaping Used for Screening 17.06.080 Landscaping Irrigation and Maintenance 17.06.090 Compliance/Plan Submittal Process 17.06.100 Landscape Water Use Efficiency Enforcement 17.06.110 Artificial Turf/Grass 11.06.010 Intent It is the intent of the City of Beaumont in adopting this Ordinance to: A. Establish provisions for water management practices and water waste prevention; B. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; C. To reduce the water demands from landscapes without a decline in landscape quality or quantity; D. To retain flexibility and encourage creativity through appropriate design; E. To assure the attainment of water -efficient landscape goals by requiring that landscapes not exceed a maximum water demand of seventy percent (70%) of its reference evapotranspiration (ET0) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter; F. To eliminate water waste from overspray and/or runoff; G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and H. To implement the requirements to meet the state of California Water Conservation in Landscaping Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7. 11.06.020 Definitions The terms used in this ordinance have the meaning set forth below: A. "backfilling" means to refill an excavation, usually with excavated material B. "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. C. "check valve" or "anti -drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off. D. "established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. E. "Estimated Annual Water Use" or "EAWU" means estimated total water use per year as calculated by the formula contained in Chanpter 17.06.040.B.12.n. F. "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. G. "invasive species" are non -indigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi -Species Habitat Conservation Plan and the Coachella Valley Multi -Species Habitat Conservation Pian (incorporated by reference). In addition, for the purposes of this ordinance, invasive species include other locally invasive species as further defined by a local lead agency. H. "landscape architect" means a person who holds a license to practice landscape architecture in the state of California (Government Code Section 5615). I. "landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non -irrigated areas designated for non -development (e.g. , open spaces and existing native vegetation). 3. "local water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service to customers in Riverside County. K. "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Maximum Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area. "overhead overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g. , pop ups, impulse sprinklers, spray heads and rotors, etc.). "reference reference evapotranspiration" or "ET0" means a standard measurement of environmental parameters which affect the water use of plants. ET0 is given in inches per day, month, or year. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current EvapoTranspiration Zones Map by the California Department of Water Resources. For geographic areas not covered by the EvapoTranspiration Zones Map, data from nearby areas shall be used. 0. "rehabilitated landscapes" means any re -landscaping project that requires a permit, plan check, or design review, and/or would meet the requirements of chapter 17.06.030. P. "special landscape area" means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. Q. "temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. R. "water intensive landscaping means a landscape with a WUCOLS plant factor of 0.7 or greater. S. "WUCOLS" means the publication entitled "Water Use Classification of Landscape Species" by the U.C. Cooperative Extension (1999 or most current version). 17.06-1 17.06 Landscaping 11.06.030 Applicability A. The water -efficient landscape requirements contained in this Ordinance shall be applicable to all new construction landscapes which are homeowner -provided and or homeowner -hired in single- family and multi -family projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks or design review and/or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and/or approvals. B. In the event Covenants, Conditions and Restrictions are required by the City for any permit subject to this Ordinance, a condition shall be incorporated into any project approval prohibiting the use of water -intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Ordinance in connection with common area/open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. This Ordinance shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit use of low-water use plants. Covenants, Conditions, and Restrictions shall not prohibit the replacement of turf with less water intensive plant species. C. Chapter 17.06.100 of this Ordinance applies to existing properties with landscape areas one acre or greater in size or properties served by a dedicated landscape irrigation meter. D. Recognizing the special landscape needs of cemeteries, new and rehabilitated cemeteries are limited to chapter 17.06.080.A, B, and C. Existing cemeteries are limited to chapter 17.06.100. E. The following are exempt from the provisions of this chapter: 1. Any project with a total landscaped area less than 2,500 square feet; 2. Registered local, state or federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than 3 years; 4. Mined -land reclamation projects that do not require a permanent irrigation system; and 5. Botanical gardens and arboretums open to the public. F. Any landscaping that is made nonconforming by the provisions of this ordinance or any previous ordinance regulating landscape coverage, distribution, installation, or maintenance shall not be required to be improved to meet the minimum standards of this Chapter unless improvements to the site are made as outlined in subparagraph 1 below. 1. Whenever improvements to an existing building or development site are proposed and the value of such improvements is equal to or greater than fifty (50) percent of the total assessed value of existing property improvements, as determined by the Planning Director, then all nonconforming landscaping shall be required to be improved to meet the minimum standards of this Chapter. 11.06.040 landscape Documentation Package Requirements An applicant proposing any new or rehabilitated landscape subject to this ordinance (chapter 17.06.030) shall prepare and submit to the planning director documentation including the following: 1. Project Information (Chapter 17.06.040.A); 2. Planting Plan (see Chapter 17.06.040.B); 3. Irrigation Design Plan (see Chapter 17.06.040.C); 4. Soil Management Plan (see Chapter 17.06.040.D); and 5. Grading Design Pian (see Chapter 17.06.040.E). 17.06-2 17.06 Landscaping An applicant proposing any new landscape that is subject to this ordinance (chapter 17.06.030) and designated for recycled water use, is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor, the land use agency and the maintenance entity's standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor, land use agency, and maintenance entity. Water systems for common open space areas shall use non -potable water if approved facilities are made available by the water purveyor. Provisions for a non -potable water system shall be provided within the landscape plan. Water systems designed to utilize non -potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. A. PROJECT INFORMATION 1. Date 2. Applicant and applicant contact information 3. Project owner and contact information 4. Project address including parcel and lot numbers 5. Total landscape area (sq. ft.) 6. Project type (e.g., new, rehabilitated, public, private) 7. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. 8. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 17.06 and submit a complete Landscape Documentation Package" B. PLANTING PLAN REQUIREMENTS 1. The "Riverside County Guide to California Friendly Landscaping" (Landscaping Guide) is hereby incorporated by reference to assist with developing water efficient landscapes. 2. Plant types shall be grouped together in regards to their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. 3. Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation. 4. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain. 5. Plant selection for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Fire -prone plant materials and highly flammable mulches shall be avoided. 6. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in to environmentally sensitive areas. 7. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches (1 1/2"). 8. Stabilizing mulching products shall be used on slopes. 17.06-3 17.06 Landscaping 9. Turf areas shall be used in response to functional needs and in compliance with the water budget. 10. Decorative water features shall use recirculating water systems. 11. Where available, recycled water shall be used as the source for irrigation and decorative water features. 12. Planting Plans shall identify and site the following: a. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; b. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; c. Designation of hydrozones; d. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; e. Property lines, streets, and street names; f. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; g. Appropriate scale and north arrow; h. Any special landscape areas; i. Type of mulch and application depth; j. Type and surface area of any water features; k. Type and installation details of any applicable stormwater best management practices; I. Planting specifications and details, including the recommendations from the soils analysis, if applicable. m. Maximum Applied Water Allowance: i. Planting Plans shall be prepared using the following Water Budget Formula: MAWA (in gallons)= (ET0)(0.62)[0.7 x LA+0.3 x SLA] where ET is reference evapotranspiration SLA is the amount of special landscape area in square feet LA is total landscape area (including the SLA) in square feet ii. For the purposes of determining the Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. n. Estimated Annual Water Use (EAWU): i. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) = (ET0)(0.62)[((PFxHA)/IE) +SLA] where ET, is reference evapotranspiration PF is Plant Factor HA is hydrozone area in square feet IE is irrigation efficiency (minimum 0.71) SLA is the amount of special landscape area in square feet ii. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone . The sum of all EAWU calculations shall not exceed the MAWA for the project. iii. The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.3, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.7 to 1.0. 17.06-4 17.06 Landscaping iv. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used. v. The surface area of a water features shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone. 13. Planting Plans and Irrigation Plans (Chapter 17.06.040.C) shall be drawn at the same size and scale 14. The Planting Plan shall be prepared by a Landscape Architect licensed by the State of California. C. IRRIGATION DESIGN PLAN REQUIREMENTS. 1. The "Riverside County Guide to California Friendly Landscaping (Landscaping Guide) is hereby incorporated by reference to assist the applicant in designing, constructing, and maintaining an efficient irrigation system. 2. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. 3. All irrigation systems shall be designed to prevent runoff, over -spray, Towhead drainage and other similar conditions where water flows off-site on to adjacent property, non -irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 4. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Planning Director. 5. Water systems for common open space areas shall use non -potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non - potable water system shall be provided within the landscape plan. Water systems designed to utilize non -potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. 6. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the Landscaping Guide. 7. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. 8. The capacity of the irrigation system shall not exceed: a. the capacity required for peak water demand based on water budget calculations; b. meter capacity; or c. backflow preventer type and device capacity 9. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer. 17.06-5 17.06 Landscaping 10. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. 11. Non -turf areas on slopes greater than 25% shall be irrigated with drip irrigation or other low volume irrigation technology. 12. Long -narrow, or irregularly shaped areas including turf less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology. 13. Overhead irrigation shall not be permitted within 24 inches of any non -permeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs. 14. Overhead irrigation shall be limited to the hours of 8 p.m. to 9 a.m. 15. All irrigation systems shall be equipped with the following: a. A smart irrigation controller as defined in Chapter 17.06.040.C.4 of this Ordinance; b. A rain sensing device to prevent irrigation during rainy weather; c. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; d. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; e. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; f. Backflow prevention devices; and g. Riser protection components for all risers in high traffic areas. 16. Dedicated landscape meters shall be required for all projects greater than 2,500 sq. ft. except single-family residences. 17. Irrigation Design Plans shall identify and site the following: a. Hydrozones. i. Each hydrozone shall be designated by number, letter or other designation ii. A Hydrozone Information Table shall be prepared for each hydrozone b. The areas irrigated by each valve; c. Irrigation point of connection (POC) to the water system; d. Static water pressure at POC; e. Location and size of water meter(s), service laterals, and backflow preventers; f. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment; g. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; h. Precipitation rate (inches per hour) for each overhead spray circuit; i. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate; j. Irrigation system details for assembly and installation; k. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and I. Irrigation Design Plans shall contain the following statement, "I agree to comply with the criteria of the ordinance and to apply them for the efficient use of water in the Irrigation Design Plan" 17.06-6 17.06 Landscaping 18. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. 19. Irrigation Plans and Planting Plans (Chapter 17.06.040.B) shall be drawn at the same size and scale D. SOIL MANAGEMENT PLAN REQUIREMENTS. 1. After mass grading, the project applicant or his/her designee shall: a. perform a preliminary site inspection; b. determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); c. conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and d. obtain appropriate soil sample(s). 2. The project applicant or his/her designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis may include: a. soil texture; b. infiltration rate determined by laboratory test or soil texture infiltration rate tables; c. pH; d. total soluble salts; e. sodium; and f. recommendations. 3. The project applicant or his/her designee shall prepare documentation describing the following: a. soil type; b. identification of limiting soil characteristics; c. identification of planned soil management actions to remediate limiting soil characteristics; and d. Submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the City pursuant to the requirements of Chapter 17.06.090.0 Certificate of Completion. E. GRADING DESIGN PLAN REQUIREMENTS, if applicable 1. The Landscape Documentation Package shall include rough/precise grade elevations prepared for the project by a licensed civil engineer. 11.06.050 Street Trees This section applies to street trees located within the public right-of-way. A. Street Trees Required in New Development. Street trees may be required as conditions of approval for any subdivision, lot split, or other permit issued in compliance with this title or other applicable City regulation. Street trees shall be twenty-four (24) inch box trees or larger. B. Permitted Plantings. Only trees approved by the Planning Director shall be planted along a public street, alley, parking strip, public right-of-way, or parkway. C. Responsibility for Maintenance. Owners of a property fronting a public street or alley shall be responsible for the adequate watering of all street trees abutting that property and shall bear the cost of replacement of any street tree that dies as a result of insufficient watering or care. 17.06-7 17.06 Landscaping D. Alteration or Removal. No person shall plant, trim, or remove any tree or shrub on any, public street or right-of-way without approval of a permit by the Planning Department. Such permits shall be granted to public utility companies and agencies to ensure the safe operation of their businesses and shall be valid for one (1) year from the date of issue. E. Prohibitions. The following acts in planting strips or parkway areas are prohibited: 1. Construction of a tree well with diameter less than four (4) feet or otherwise filling the ground area around a tree so as to shut off light, air, or water from the roots. 2. Piling of any, building material, equipment, or other substance around any tree so as to cause injury. 3. Pouring of any deleterious matter on or around any tree or on the ground or on any lawn in such a manner as to damage the tree. 4. Cutting, breaking, defacing or damaging a tree in any manner whatsoever. 5. Placing or allowing to remain in any parkway area any vegetation (other than an approved tree) or structure exceeding eighteen (18) inches in height. 6. Posting or affixing to any City tree any bill, poster, picture, placard, announcement, notice, advertisement, or sign. F. Violation of any provisions of this Section 17.06 shall be considered a misdemeanor. 17.06.060 Ground Cover Ground cover may be provided in the form of turf, shrubs, vines, or similar live plant materials. Such material shall be planted in a manner to provide one hundred (100) percent coverage within two (2) years of initial planting. Any such material provided shall be maintained in a neat and healthy condition. 11.06.010 Landscaping Used for Screening This section indicates the requirements with respect to the landscaping of buffers. A. Landscaped Buffers for Industria/ Uses. A landscaped buffer shall be provided along the boundary of all industrially zoned property where it abuts a residential or commercial zone. B. Walls. Where a berm is provided, a three (3) to six (6) foot high masonry wall is allowed at the setback line with a berm to add to its height. C. Passive Recreational Use of Buffers. Buffers located along the outer perimeter of a parcel may be used for passive recreation. 17.06.080 Landscape Irrigation and Maintenance A. This section applies to all new landscape projects subject to this ordinance (Chapter 17.06.030). 17.06-8 17.06 Landscaping 1. The "Riverside County Guide to California Friendly Landscaping" (Landscaping Guide) is hereby incorporated by reference to assist the applicant in implementing landscape maintenance to ensure water use efficiency. 2. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. 3. A regular maintenance schedule and Certificate of Completion shall be submitted to the Planning Director, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent. 4. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. 5. Information shall be provided to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. B. The following requirements apply to the maintenance of all landscaping: 1. Property owners shall maintain the planting strip abutting each property regardless of whether the property is developed or not. 2. Any tree, shrub, or part thereof on private property that overhangs any street or alley so that it endangers life, safety, or public property shall be removed, trimmed, or cut off within ten (10) days of written notice from the City. 3. Occupants of a property abutting a public street or alley shall keep private trees from overhanging into the public right-of-way. Trees shall be trimmed to maintain a minimum clearance of ten (10) feet above the sidewalk, fourteen (14) feet above a curb, seventeen and one-half (171/2) feet at center in residential areas, and seventeen and one-half (171/2) feet above the curb at bus stops. 4. Front and side yards shall not be used for off-street parking of vehicles or loading spaces. 5. The property owner shall permanently and continuously maintain all landscaping in a neat, clean, and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and/or dead plants. Front and side yards shall not be used for off-street parking of vehicles or loading spaces. All yards abutting public streets are required to be landscaped and maintained with at least 85% of the area covered with growing plant except as provided by 17.06.110. 17.06-9 17.06 Landscaping 11.06.090 Compliance/Plan Submittal Process The Planning Director or designee shall have the duty and authority to administer and enforce this ordinance. A. As part of the land development process and prior to construction, the City shall: 1. Provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews; 2. Review the Landscape Documentation Package (Chapter 17.06.040) submitted by the project applicant; 3. Approve or reject the Landscape Documentation Package; and 4. Issue a permit or approve the plan check or design review for the project applicant. B. As part of the land development process and prior to construction, the project applicant shall: 1. Submit a Landscape Documentation Package to the City for review and approval by the Planning Director. The Planting Plan, Irrigation Plan, and Soils Management Pian shall be reviewed by an independent licensed landscape architect to ensure that all components of the Plans adhere to the requirements of this Ordinance. The licensed landscape architect shall sign the Plans verifying that the Plans comply with this Ordinance. Any Plans submitted without the signature of a licensed landscape architect shall not be accepted for review. C. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this ordinance, a regular maintenance schedule and a Certificate of Completion shall be submitted to the Planning Director certifying that the landscaping has been completed in accordance with the approved Planting, Irrigation, Soil Management, and Grading Design plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall indicate: 1. Date 2. Project information a. Project name b. Project applicant name, telephone, mailing address c. Project address and location d. Property owner name and mailing address 3. Prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached). 4. The landscaping has been installed in conformance with the approved Planting and Irrigation Plans; 5. Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached) 6. The smart irrigation controller has been set according to the irrigation schedule; 7. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and 8. A copy of the approved Landscape Documentation Package (Chapter 17.06.040), the irrigation schedule (Chapter 17.06.080.B), and the maintenance schedule (Chapter 17.06.080.C) has been given to the property owner and local water purveyor. 9. Verification that the maintenance schedule has been provided to the Planning Director D. At a minimum, all landscape irrigation audits shall comply with the Irrigation Association Certified Landscape Irrigation Auditor Training Manual (2004 or most current) and shall be conducted by a certified landscape irrigation auditor. E. The Planning Director or his/her designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this Ordinance. 17.06-10 17.06 Landscaping 11.06.100 landscape Water Use Efficiency Enforcement The City of Beaumont will rely on water purveyors to enforce landscape water use efficiency requirements. The City of Beaumont shall coordinate with local water purveyors and identify programs that enhance and encourage landscape water use efficiency such as: 1. tiered water rate structure, or 2. allocation -based conservation water pricing structure, or 3. a rate structure at least as effective as the above options or 4. irrigation audits and/or irrigation surveys 5. penalties for water waste. 11.06.110 Artificial Tort/Grass This section sets forth the requirements with respect to the use of artificial turf/grass in landscape areas. A. Artificial turf/grass shall be allowed in all landscape areas as approved by the Planning Department, subject to the following standards. 1. Artificial turf/grass shall be aesthetically similar to natural turf. 2. Artificial turf/grass shall be maintained to the standards and aesthetics consistent to the time at which it was approved and installed. 3. The Planning Department shall review the application in terms of the type of synthetic grass, substrate and form of installation, a hydrology component for the management of storm flows on synthetic grass, the design for the artificial grass blades and an artificial turf fiber blend that reduces heat absorption, has appropriate ultraviolet protection, and has a flammability rating that meets Fire Department Standards. 17.06-11 17.06 Landscaping IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 4551 I Notice of Public Hearing Ordinance No. 963 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 11/20 all in the year 2009 I certify (or declare) under penalty of per- jury . the foregoing is true and correct. signature Date 11/20/09 at Riverside, California. his space for County Clerk's Filing Stamp Legal Advertisement NOTICE IS . HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, November 3, 2009, at ap- proximately 6:00 p.m. in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption ofthe following matter(s),:. __e N An Or- dinance of the City Coun- cil of the City of Beau- mont, California that will amend Sections17.06 of the Beaumont Code. The purpose, of these amendments , is ni�Fate Title 17.06. in Standards" and bring conformance with state law (The Water Conservation in LandscapingAct of 2006 — Assembiy Bill 1881). The Water, Conservation in Landscaping Act requires Cities to adopt landscape conservation ordinances by January 1, 2010. Ordinance No. 963 was adopted at its second read- ing on November 17,. 2009 by the following vote: AYES: Mayor Fox, Council Member Dressel, Berg, DeForge and Gall NOES: None ABSTAIN: None ABSENT: None Date: November 18, 2009 Rebecca Deming Assistant Director of Plan- ning Publish The Record Gazette No. 4551 11/20/2009 ORDINANCE NO. 964 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO CHANGE THE ZONING FOR A 8.80 ACRE AREA OF LAND FROM R -SF (RESIDENTIAL SINGLE- FAMILY) TO M (MANUFACTURING) (09-RZ-01) LOCATION: SOUTH OF FOURTH STREET, WEST OF OLIVE AVENUE, EAST OF ELM AVENUE, AND NORTH OF SECOND STREET (417-110-007, 008, 013, 014, 015, 016; 417-130-006, 009, 013, 014 WHEREAS, the City of Beaumont initiated a change of the zoning acre area of land, which is described in Exhibit "A" which is attached hereto; and WHEREAS, the zoning designation for the subject sitet th prenl time is R -SF (Residential Single -Family); and WHEREAS, the proposed rezoning action woul (Manufacturing), and would facilitate the development and guidelines contained in the M zone / City of Bea i ont M a z'oning designation of M onsistent with the standards al Code; and WHEREAS, the proposed change is consistent compatible with existing zoning designations adjoin and in the vicinity of the subjectarea; WHEREAS, this zone chan _ - ents a General Plan Amendment adopted on the same date to designate this site for velopment; WHEREAS, the Be no PJ. ng Commission conducted a duly noticed public hearing on November 10, 2009; WHEREAS, tCity Council conducted a duly noticed public hearing on December 1, 2009; WHEREA nvironmental Impact Report prepared for the General Plan Update, Certified in h • 17, adequately addressed considerations and prospective impacts relative to the han ' . 's designation, and complies with the requirements of the California Env nment. • uality Act. CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN'AS FOLLOWS: SECTION 1: The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property described in attached Exhibit "A" for the following zoning designation on Exhibit "A" ORDINANCE NO. 964 SECTION 2: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for the publishing of ordinances of the said City. MOVED, PASSED AND ADOPTED this 15th day of December, 2009, upo0 following vote: AYES: NOES: ABSTAIN: ABSENT: Attest: Deputy City Clerk, City of Beaumont '<S\) the City of Beaumont ORDINANCE NO. 964 LEGAL DESCRIPTION EXHIBIT "A" M w w PROPOSED AREA •TO BE RE -ZONED W ; TO (M) MANUFACTURING j J 2ND t} ORDINANCE NO. 964 LEGAL DESCRIPTION EXHIBIT "A" ORDINANCE NO. 964 leicS tre Aa AV 401,454-4/401 SBE -/44-31-37 HK /37 .1111[21' O� 234Ae3 3 PAGE 417-130 !AI Agit 4 I roraw4.si«/ r -C-20 1 r- 1 Asa -sloes App ex. 4/7 PG /3 R/VERS/DE CWNTY, CAL/F. ORDINANCE NO. 964 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO CHANGE THE ZONING FOR A 7.77 ACRE AREA OF LAND FROM R -SF (RESIDENTIAL SINGLE- FAMILY) TO M (MANUFACTURING) (09-RZ-01) LOCATION: SOUTH OF FOURTH STREET, WEST OF OLIVE AVENUE, EAST OF ELM AVENUE, AND NORTH OF SECOND STREET (417-110-007, 008, 013, 014, 015, 016; 417-130-006, 009, 013, 016) WHEREAS, the City of Beaumont initiated a change of the zoning for a 7.77 acre area of land, which is described in Exhibit "A" which is attached hereto; and WHEREAS, the zoning designation for the subject site at the present time is R -SF (Residential Single -Family); and WHEREAS, the proposed rezoning action would establish a zoning designation of M (Manufacturing), and would facilitate the development of the site consistent with the standards and guidelines contained in the M zone / City of Beaumont Municipal Code; and WHEREAS, the proposed change is consistent and compatible with existing zoning designations adjoin and in the vicinity of the subject area; WHEREAS, this zone change implements a General Plan Amendment adopted on the same date to designate this site for industrial development; WHEREAS, the Beaumont Planning Commission conducted a duly noticed public hearing on May 11, 2010; and WHEREAS, the Beaumont City Council conducted a duly noticed public hearing on June 15, 2010; and WHEREAS, the Environmental Impact Report prepared for the General Plan Update, Certified in March of 2007, adequately addressed considerations and prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property described in attached Exhibit "A" for the following zoning designation on Exhibit "A" SECTION 2: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for the publishing of ordinances of the said City. ORDINANCE NO. 964 MOVED, PASSED AND APPROVED this 15th day of June, 2010, upon the following vote: AYES: Mayor Pro Tem Berg, Council Members Berg, Dressel and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall MOVED, PASSED AND ADOPTED this 6th day of July, 2010, upon the following vote: AYES: Mayor Pro Tem Berg, Council Members Berg, Dressel, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None Mayor Pro Tem Berg Attest: Deputy City rk, City of - aumont ORDINANCE NO. 964 LEGAL DESCRIPTION EXHIBIT "A" Area to be Re -zoned (M) Manufacturing ORDINANCE NO. 964 LEGAL DESCRIPTION EXHIBIT "A" PAGE 417-110 PAGE 417-130 r -C -2D ASSESSORS AWP DK. 4/7 PG /3 R/VERS/DE COUNTY, CAVE Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE # 964 - 21867 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 16, 2010 Executed on: 07/16/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. i Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, June 15, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Ce ter, 550 E. 6tih Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 964 - An Uncodified Ordinance of the City Council of the City of Beaumont, Califomia adopting a Zone Change to Re -zone 7.77 acres of land from R -SF (Residential -Single Family) to M (Manufacturing). (09-RZ-01) The purpose of this amendment is to re -zone parcels 417-110-007, 008, 013, 014, 015, 016; 417-130-006, 009, 013, and 016 from Residential Single Family to Manufacturing. The area is located South of Fourth Street West of Olive Street, East of Elm Avenue and North of Second Street. The proposed action was initiated by the City of Beaumont at the request of properly owners within the area described. Ordinance No. 964 was introduced on June 15, 2010, with a public hearing, and adopted at its second reading on July 6, 2010 by the following vote: AYES: Mayor Pro Temp Berg, Council Member Fox, Gall, and StMartin NOES: None. ABSTAIN: None. ABSENT: None. Date: July 13, 2010 -s- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 21867 07/16, 2010 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 14016 Notice Beaumont Planning Commission - City Council - Ordinance No. 964 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 04/16 all in the year 2010. I certify (or declare) under penalty of per- jury $ at the foregoing is true and correct. signature Date 04/16/10 at Riverside, California. This space for County Clerk's Filing Stamp Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council will conduct public hearings with respect to the matter described be- low. The Planning Com- mission's public hearing will be held on Tuesday, May 11, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic. Center, 550 E. 6th Street, Beau- mont, California 92223. The City Council's public hear- ing on this matter will be held at 6:00 p.m. on Tues- day, June 15, 2010 in the Council Chambers at Beau- mont City Hall, 550 East Sixth Street, Beaumont, California to receive testi- mony and comments from all interested persons re- garding the adoption of the following - matter(s):Ordi- nance No. -964 An Uncodi- fied Ordinance of the City Council of the City of Beau- mont, California adopting a Zone Change to Re -zone 8.8 acres of land from R -SF (Residential -Single Family) to Overlay Zone (Southwest Overlay Zone). (09-RZ-01)The, purpose of these amendments is to re -zone parcels 417-110-007,008_and 013 through 016 and 417-130-006, 009, 013, 014, and 016 from Residen- tial Single Family to South- west Overlay Zone. The area is located south of Fourth Street, West of Olive Street, East of Elm Avenue and North -of Second Street. This proposed action was initiated " by the City of Beaumont at the request of property owners within the area described.Date: April 13, 2010 Rebecca Deming Assistant Director of Plan- ning Publish The Record Gazette No. 14016 04/16, 2010 ORDINANCE NO. 965 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO CHANGE THE ZONING FOR A 3.02 ACRE PORTION OF A 10.92 ACRE AREA OF LAND FROM R- MF (RESIDENTIAL MULTI -FAMILY) TO ROB (RESIDENTIAL OVERLAY BONUS) (10-RZ-01) LOCATION: NEAR THE INTERSECTION OF EIGHTH STREET AND XENIA AVENUE (419-160-005, 024; 419-170-016, 017, 018, 022, & 027) WHEREAS, the City of Beaumont initiated a change of the zoning for a 3.02 acre area of land, which is described in Exhibit "A" which is attached hereto; and WHEREAS, the zoning designation for the subject site at the present time is R- MF (Residential Multi -Family); and WHEREAS, the proposed rezoning action would establish a zoning designation of ROB (Residential Overlay Bonus), and would facilitate the development of the site consistent with the standards and guidelines as approved on Plot Plan 10 -PP -01; and WHEREAS, the proposed change is consistent and compatible with existing zoning designations adjoin and in the vicinity of the subject area; WHEREAS, the Beaumont Planning Commission conducted a duly noticed public hearing on February 9, 2010; and WHEREAS, the Beaumont City Council conducted a duly noticed public hearing on March 16, 2010; and WHEREAS, A Negative Declaration has been prepared for this project and complies with the requirements of the California Environmental Quality Act. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property described in attached Exhibit "A" for the following zoning designation on Exhibit "A" SECTION 2: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for the publishing of ordinances of the said City. ORDINANCE NO. 965 MOVED AND PASSED upon first reading this 16th day of March, 2010, by the following roll call vote: AYES: Mayor DeForge, Mayor Pro Tem Berg, Council Members Dressel, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 6th day of April, 2010, upon second reading by the following roll call vote: AYES: Mayor DeForge, Mayor Pro Tem Berg, Council Members Dressel, and Gall. NOES: None ABSTAIN: None ABSENT: Council Member Fox Attest: Deputy City Cle City of Be ; mont VD/24...t 4 Mayor of the ► 'of : eaumont EIGHT STREET 317N3AV AN3HJ377V 620-091-607 NdV 00'092 3,86,£Oo00S 3.86,E0o00S ,00'09l 900-091-617 Nd0 ,66'6S M.96 EO.00N 700-091-617 NdV 419-160-015 419-160-004 419-160-012 000-091-617 NdV 200-091-617 NdV 100-091-617 NdV 00'09! M.86.EOe00N `8�` .00 09l 000-011-6[b NdV 200-021-612 NdV 900-0L1-617 NdV 120-021-617 NdV 020-011-617 Nd0 000-021-617 NdV (D O 00 000-011-617 NdV 4 N 89°55'48" E APN 419-170-022 ,86'69C M.86,£Oo00N ,MOLE M.86,£Oo00N 810-010-602 'NdV 7 O Vd CO OLE M.86,EO.00N N W 3fN3AV VIN3X N89°54'58"E a z -4 '= w w CITY OF BEAUMONT 0 DATE: 3-29-2010 PLN CK REF: ORDINANCE NO. 966 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BEAUMONT ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO. 954 FOR ONE 1 YEAR AND CONTINUE FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE APPROVAL OF THE COLLECTIVE CULTIVATION AND/OR DISTRIBUTION AND PROHIBITION OF MEDICAL MARIJUANA WITHIN THE CITY TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS WHEREAS, on May 19, 2009, pursuant to Section 65858 of the California Government Code, after public notice, the City Council of the City of Beaumont ("City Council") adopted Ordinance No. 954, an interim urgency ordinance, as amended by Ordinance No. 955, which temporarily prohibits the approval of the establishment and operation of medical marijuana collectives and cooperatives in all locations in the City of Beaumont; and WHEREAS, Section 65858(a) of the California Government Code provides that Ordinance No. 954 shall expire and be of no further force and effect forty-five (45) days from its date of adoption; and WHEREAS, pursuant to Section 65858(a) of the California Government Code, on June 30, 2009, the City Council adopted Ordinance No. 956 extending Ordinance No. 954 as amended for an additional ten (10) months and fifteen (15) days, which shall expire on May 19, 2010; and WHEREAS, pursuant to Section 65858(a), the City Council may extend Ordinance No. 954 as amended one last time for a period of one (1) year, upon a four-fifths vote of the City Council; and WHEREAS, prior to this hearing, the City Council authorized the issuance of a written report describing the measures and actions taken by the City to alleviate the circumstances and conditions which led to the adoption of the Ordinance No. 954 as amended since its adoption on May 19, 2009, as required by Government Code Section 65858(d) ("Council Report"); and WHEREAS, based on the Council Report, the City Council has determined that the circumstances and conditions that led to the adoption of Ordinance No. 954 as amended, which are set forth in the recitals of Ordinance No. 954 as amended and are fully incorporated herein by this reference, have not been alleviated as of the date of this Ordinance and continue to create the concerns described therein; and WHEREAS, the City Council now seeks to extend the temporary prohibition on the establishment and operation of medical marijuana collectives and cooperatives, as currently authorized under Ordinance No. 954 as amended, to continue studying possible amendments to the Beaumont General Plan and the City's zoning regulations to help ensure that medical marijuana collectives and cooperatives are regulated in a way that protects the community and complies with applicable law; and WHEREAS, the purpose for extending Ordinance No. 954 as amended is to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in Ordinance No. 954 as amended; and WHEREAS, the City Council has determined there is a need to extend Ordinance No. 954 as amended for one (1) year as authorized under Section 65858(a) of the California Government Code; and 1 WHEREAS, the notice and public hearing required by Section 65858(a) of the California Government Code for the extension of Ordinance No. 954 as amended has been provided in accordance with applicable law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Adoption of this urgency interim ordinance ("Ordinance") shall constitute an extension of Ordinance No. 954 as amended pursuant to Section 65858 of the California Government Code. Section 2. During the time this Ordinance is in effect, the City shall not issue any use permit, variance, building permit, business license, or other entitlement for the establishment or operation of a medical marijuana collective or cooperative in Beaumont. Section 3. For purposes of this Ordinance, the terms defined below shall have the following meanings: A. "Medical marijuana collective or cooperative" shall mean any facility or location where a primary caregiver or qualified patient intends to or does make available, sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a qualified patient, a person with an identification card, or a primary caregiver and, further, includes cooperatives, collectives and/or associations of qualified patients with or without primary caregivers. B. "Primary caregiver", "qualified patient", and "identification card" shall have the meanings set forth in Health and Safety Code Section 11362.7. Section 4. The City Council hereby finds and determines that adoption of this Ordinance and the extension of Ordinance No. 954 as amended is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the recitals above, the recitals of Ordinance No. 954 as amended, and the agenda report prepared in connection with this Ordinance, which are hereby expressly incorporated as though fully set forth herein, and the following additional reasons: A. The City continues to study the issue of regulation of medical marijuana collectives and cooperatives, and has collected studies, reports, pending litigation and other information from other California cities concerning the effects created by the operation of medical marijuana collectives and cooperatives, which have indicated that the same can have negative effects on the surrounding areas if not properly regulated. B. Establishment and/or operation of medical marijuana collectives and cooperatives under existing zoning and development standards will have a detrimental effect because the existing standards do not consider the unique impacts created by medical marijuana collectives and cooperatives, which would create the potential for severe land use incompatibilities, with associated impacts to adjacent residents and businesses. These adverse impacts on the public health, safety, and welfare can be avoided through careful study and proper planning for the regulation of medical marijuana collectives and cooperatives. Section 5. The City Council hereby directs the City Manager, the Chief of Police and the Planning Department to consider and study possible means of regulating or prohibiting medical marijuana collectives and cooperatives, including zoning -based regulations and other regulations. 2 Section 6. The City Council hereby finds that this Ordinance is not subject to the Califomia Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq.) ("CEQA") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the 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 that it would have adopted this Ordinance regardless of the invalidity of any particular portion thereof. Section 8. The City Clerk shall, within fifteen (15) days of its adoption cause this Ordinance, or a summary of it, to be published in the Record -Gazette, a weekly newspaper of general circulation, printed, published, and circulated in the City of Beaumont. The term of this Ordinance shall be in effect beginning May 19, 2010, for a period of one (1) year and shall thereafter be of no further force and effect, unless earlier repealed by the City Council. PASSED, APPROVED, AND ADOPTED this 16th day of March, 2010 by the following vote: AYES: Mayor DeForge, Council Members Berg, Dressel, and Fox NOES: Council Member Gall ABSTAIN: None ABSENT: None ATT Deputy City Cler STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF BEAUMONT ) ) ss. CITY OF BEAUM NT RIAN DeFO ayor I, Shelby Hanvey, City Clerk of the City of Beaumont, County of Riverside, State of California, hereby certify that the foregoing Interim Urgency Ordinance No. 966 was introduced, passed and adopted by said City Council, signed by the Mayor, and attested by the Deputy City Clerk of said City, all at a regular meeting of said Council held on the le day of March, 2010, by the following vote: AYES: Mayor DeForge, Council Members Berg, Dressel, and Fox NOES: Council Member Gall ABSENT: None ABSTAIN: None By SHELBY HANVEY CITY OF BEAUM eputy City C of the T 3 TO: CITY COUNCIL FROM: CITY MANAGER DATE: MARCH 5, 2010 SUBJECT: STATUS REPORT RE MEDICAL MARIJUANA STAFF REPORT Background On April 21, 2009, the Council adopted Ordinance No. 951 prohibiting the establishment of medical marijuana dispensaries in the City. On May 19, 2009, the Council enacted Ordinance No. 954, an interim urgency ordinance establishing a 45 -day moratorium on the approval of medical marijuana collectives and cooperatives, in order to give staff and the Council time to collect the most current information available. Thereafter, the Council adopted Ordinance No. 956, extending the ordinance 10 months and 15 days, to May 19, 2010. Although much local and state legislative and judicial activity has occurred in the last year, as more fully explained below, there are enough unanswered questions and unresolved issues at this point in time to justify staff's recommendation to extend the moratorium one final year, in order to give the State Legislature, the State voters, and the State Courts time to resolve the unanswered questions. Recommendation The staff recommends the adoption of Ordinance No. 966, to extend the moratorium for the reasons expressed above and in the Status Report, below. STATUS REPORT I. Background Information The "Compassionate Use Act" ("CUA") was approved by voters in 1996. The CUA authorizes the use of marijuana for certain medical purposes. The CUA does not legalize marijuana, not even for medical users. What is does is provide a defense against criminal prosecution of those who prove to be "qualified patients" and "primary caregivers." For more detailed information and for definitions, please refer to staff's Status Report of June 12, 2009. STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: MARCH 5, 2010 SUBJECT: STATUS REPORT RE MEDICAL MARIJUANA Page 2 In 2003, the State Legislature enacted the "Medical Marijuana Program" (Health and Safety Code Section 11362.7 et seq.) ("MMP"), which was intended to provide detailed implementation guidance because the CUA is so vague. The MMP, for example, requires all of the counties to implement an identification card program for qualified patients. However, I.D. cards are optional, not mandatory. The MMP also established limitations on the amount of marijuana that could be cultivated and possessed: 6 adult, or 12 immature, plants per patient, or up to 8 ounces, or as much as a doctor "recommends as necessary" to meet the patient's needs. The MMP also defines "qualified patient" and "primary caregiver." II. Medical Marijuana and the Current State of the Law While there are several important lawsuits pending around the State, only a few have been resolved as of this writing. Consequently, we only have a few definite answers: 1. Possession, use, sale and distribution of marijuana is still illegal under federal law, and California does not have the power to carve out an exception to federal law for medical purposes (Gonzalez v. Raich). 2. Marijuana seized by a police officer from a "qualified patient" must be returned to the patient (City of Garden Grove v. Superior Court). 3. A "primary caregiver" must be a person "who has consistently assumed responsibility for the housing, health, or safety of" the qualified patient (People v. Mentch). It is this case that has rendered medical marijuana "storefront" operations illegal, because such operations are typically outlets for marijuana to qualified patients by self-proclaimed "primary caregivers" who barely know the patient's name, let alone "consistently assumed responsibility for the housing, health or safety" the patient. This same result was obtained in People v. Hochanadel, a Riverside County case successfully prosecuted by the District Attorney, involving a dispensary operating in Palm Desert. 4. Last January, the California Supreme Court, in People v. Kelly, found that the MMP restrictions on the amount of marijuana that a qualified patient can possess violated the CUA. Consequently, the only limit on how much marijuana a person may possess is that amount which is "reasonably related to the patient's current medical needs." 5. Medical marijuana dispensaries, collectives and cooperatives may be barred by a 2 -year moratorium. Important new caselaw will be emerging in the next few months which will provide valuable guidance to the City Council. One important case pending in Orange County involves the City of Anaheim's Ordinance banning medical marijuana dispensaries of any kind. In another case STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: MARCH 5, 2010 SUBJECT: STATUS REPORT RE MEDICAL MARIJUANA Page 3 involving the City of Eagle Rock, the Los Angeles County Superior Court issued an injunction ordering a dispensary to stop selling medical marijuana which, if upheld on appeal, resolves the question of whether the CUA or the MMP authorizes cooperatives and collectives to sell marijuana. In legal circles, it is widely believed that the law does not allow the sale of marijuana under any circumstances by anyone. Rather, the law only allows it to be cultivated and that only the "reasonable costs of cultivating" can be recouped. Presently, medical marijuana is being sold at $350 to $450 (and more) per ounce, prices which far exceed the cost of cultivation. Clearly, there are huge profits in marijuana sales. III. Voter Initiative and Pending State Legislation To make things even more uncertain, an initiative concerning medical marijuana has qualified for the November ballot. By its terms, the initiative will take the State closer to legalizing marijuana, which finds its greatest support in the Bay Area and certain Northern California counties that depend heavily on marijuana as a revenue-producing crop. However, because there are a greater number of voters outside of those areas of the State, the outcome of the election is in doubt. There is also various pieces of legislation pending and proposed in Sacramento. They are a mixed bag, and are the subject of heated debate. Some legislation proposes to decriminalize marijuana, and to develop support, promises to regulate and tax marijuana. Detractors are pessimistic because there is already a flourishing black market which will easily circumvent regulation and taxation, meaning that the laws will be unenforceable. IV. Social Issues Staff recognizes that marijuana may have some value to pain patients and staff supports the compassionate use for that purpose. However, the increasing controversy in the last year, which is expected to increase even more in the forthcoming year, suggests that the City needs to be more, and better, informed about the threatened impacts on the community in general. For example, staff has learned: 1. Allowing the Increased Use of Marijuana May Also Increase Its Use Among Minors. For example, the State of Alaska decriminalized marijuana for adults in 1978, but it was repealed in 1990, because the use of marijuana among minors was more than double that of other states. In other words, Alaska leaned that if marijuana is freely available to adults, it will also be freely available to children. 2. Attracting Non -Residents. Permitted marijuana outlets have been shown to attract large numbers of non-residents to the community, also attracting a criminal element. STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: MARCH 5, 2010 SUBJECT: STATUS REPORT RE MEDICAL MARIJUANA Page 4 3. Unlawful Resale. Marijuana "patients" who have a doctor's recommendation will also buy extra marijuana for resale to persons without medical need for recreational use. 4. Organized Crime May Flourish. Allowing the widespread use of marijuana for medicinal purposes may not reduce the involvement of "organized" crime. In the Netherlands, marijuana cafes were "legalized" in the 1980s and the number of organized crime operations reportedly grew from 3 to over 90. Because the controls over "medical marijuana" in California are so vague as to be virtually unenforceable, production, transportation (smuggling) and distribution of marijuana will certainly increase, attracting more criminal cartels. 5. "Medical" Marijuana Could Harm As Much As Help. As the market for "medical marijuana" expands and more people become attracted to the profits that it generates because there is no licensing and health regulations assuring its quality, its users are exposed to marijuana about which its production is completely unknown. Growers will be free to force growth with unhealthy chemicals. Tainted marijuana has been confiscated in several areas of the State. There is also evidence that marijuana smoke contains carcinogens which, like cigarettes, cause lung cancer. Consequently, there is a bill pending in the Legislature that would subject marijuana to the requirements of the "Sherman Food, Drug and Cosmetic Law" (Health and Safety Code Section 109875 et seq.) which regulates packing, labeling, advertising, enrichment, adulteration, and other aspects of food, drugs and cosmetics. 6. Traffic Fatalities May Rise. The National Transportation and Safety Administration estimates that 8,000 people a year are killed while driving under the influence of drugs and another half million are maimed. Allowing marijuana to be freely distributed will likely increase traffic accidents. 7. Increase in Burglaries and Robberies. As noted above, the experiment to decriminalize marijuana in Alaska was terminated in 1990, in part because there was a dramatic increase in automobile and residential burglaries and robberies. The cost of policing also increased significantly. 8. Revenue from Marijuana to the City Will Not Materialize. The RAND Corporation, a nationally -recognized think tank, has analyzed legalizing and taxing marijuana, and concluded that it will not raise significant revenue because of the well-developed existing black market. The difficulty with assessing the value of the information obtained by staff is that there seems to be, for every point made, by either proponents or opponents, a counterpoint is made. The heated STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: MARCH 5, 2010 SUBJECT: STATUS REPORT RE MEDICAL MARIJUANA Page 5 debate produces very little light, but, nevertheless, progress in developing useful information is being made and that is why staff recommends that the moratorium be extended for its final year. Fiscal Impact There is no fiscal impact. Recommendation: Consider the extension of the moratorium for one final year following a public hearing. Attachment: Ordinance No. 966 "An Interim Urgency Ordinance of the City of Beaumont Enacted Pursuant to Government Code Section 65858 to Extend Interim Urgency Ordinance No. 954 for One 1 Year and Continue for this Period the Temporary Moratorium on the Approval of the Collective Cultivation and/or Distribution and Prohibition of Medical Marijuana Within the City to Allow the City Council Time to Study and Consider Enactment of Development Standards." CITY OF BEAUMONT LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 16, 2010 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter (s): Ordinance No. 966: AN INTERIM URGENCY ORDINANCE OF THE CITY OF BEAUMONT ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO. 954 FOR ONE 1 YEAR AND CONTINUE FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE APPROVAL OF THE COLLECTIVE CULTIVATION AND/OR DISTRIBUTION AND PROHIBITION OF MEDICAL MARIJUANA WITHIN THE CITY TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS Date: February 24, 2010 SS Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on March 5, 2010. City of Reniimnnt • SSO F._ F,th Street • RFammont • CA • 9?772 • (9511 71,9_RS7f STAFF REPORT TO: CITY COUNCIL FROM: CITY MANAGER DATE: JUNE 12, 2009 SUBJECT: STATUS REPORT RE: STAFF INVESTIGATION OF MEDICAL MARIJUANA ALTERNATIVE Background On April 21, 2009, the Council adopted Ordinance No. 951 prohibiting the establishment of medical marijuana dispensaries in the City. In doing so, the Council assured the public that due consideration would be given to collectives or cooperatives as an alternative to dispensaries. On May 19, 2009, the Council enacted Ordinance No. 954, an interim urgency ordinance establishing a 45 -day moratorium on the approval of collectives and cooperatives, in order to give staff and Council time to collect the most current information available and to formulate a legislative options package. The moratorium is to expire on July 6, but staff is recommending that the moratorium be extended in order to provide the additional time necessary to choose the preferred alternative, prepare the documentation necessary to proceed with it, to publish the required notices, and to take the necessary legislative action. Recommendation The staff recommends the adoption of Ordinance No. 956, to extend the moratorium for the reasons expressed above. In the meantime, the staff has prepared the following Status Report for the Council's consideration and to provide the basis for further direction to staff. Status Report I. Background Information Proposition 215, the "Compassionate Use Act", was approved by the voters in 1996. The Act authorizes the use of marijuana for certain medical purposes. The Act was challenged in the Courts and the California Supreme Court upheld the Act, holding that the possession of marijuana for medical purposes was a defense to criminal possession charges. The Act does not legalize marijuana, not even for medical users. What it does is provide a defense against criminal prosecution of those who are "qualified patients" and "primary caregivers." A "qualified patient" is a person whose physician has "recommended" the use of marijuana to treat cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, "or any other illness for which marijuana provides relief." The "recommending physician" is not required to issue a written recommendation. In other words, a physician may verbally designate a patient as a "qualified patient." Although Counties are obligated by the Act to issue medical marijuana identification cards, the "qualified patient" is pot obligated to obtain such a card; the ID card system is voluntary. A "qualified patient" may possess up to 8 ounces or 12 plants, or as much marijuana as the doctor recommends is necessary to meet the patient's needs. Obviously, "qualified patients" can grow and process their own marijuana in the privacy of their homes, under the Act. However, the Act also authorizes "qualified patients" to obtain marijuana from "primary caregivers." "Primary caregivers" are defined as individuals who have "consistently assumed responsibility for the housing, health, or safety" of the patient. Therefore, primary caregivers are also immune from possession, cultivation and distribution, and may be compensated for their services by their "qualified patient(s)." Since the passage of the Act "dispensaries" have been established in a few areas of the State (mostly in Northern California), taking the form of a storefront operation run by a "primary caregiver" who would sign up "qualified patients", and operate the "pharmacy" on a "for profit" basis. Such dispensaries are not recognized under the Act. The Court of Appeal in People v. Peron (1997) 59 Cal.App.4th 1383 held that someone who merely maintains a source of marijuana doesn't automatically become the party "who has consistently assumed responsibility for the housing, health or safety" of the purchaser. In that case, Mr. Peron was operating a "cannabis club" who merely required patients to complete a form summarily designating him as their "primary caregiver", and then offering marijuana in exchange for cash "donations." Mr. Peron turned out to be the "primary caregiver to `thousands of patients." II. Medical Marijuana and the Current State of the Law The most significant legal issue involves the conflict between the State Act and federal law, which lists marijuana as an illegal drug. The U.S. Supreme Court has issued several important rulings, two of which stand out: 1. In Gonzales v. Raich (2005) 125 S.Ct. 2195, the Court held that the categorization of marijuana as "medical" is not recognized as an exception under federal law, where it continues to be classified as a "Schedule I" drug, and there is no such exception to its illegality at the federal level. 2. City of Garden Grove v. Superior Court (2007) 157 Cal.App.4th 355, in which the U.S. Supreme Court refused to review the California Court's ruling that police officers are obligated to return marijuana after seizure from persons proven to be "qualified patients." Most recently, the U.S. Supreme Court again refused to act on an appeal from California in the case of San Diego County v. San Diego NORML and San Bernardino County v. State of California, in which the California court held that the Counties must establish and issue identification cards to persons who had recommendations from doctors to use marijuana as medicine, when such cards are requested. Consequently, there is confusion between Federal and State law, but there may not be a true legal conflict between Federal and State law merely because they treat marijuana differently. This is because the Compassionate Use Act does not "legalize" medical marijuana, but instead exercises California's reserved power to not punish certain marijuana offenses under State law, if a physician has recommended its use to treat a serious medical condition. In other words, neither Federal nor State law legalizes marijuana, but the State has the right to pass a law that provides a legal defense to the possession and use of marijuana for medical purposes. As if to emphasize the lack of conflict, the U.S. Attorney General under the Obama Administration recently stated that the Federal government will not commit resources to prosecute medical marijuana usage, as long as such usage is in compliance with state law. Nevertheless, and not intending to confuse anyone, even though a "legal" medical marijuana user under California law cannot be prosecuted, that individual could still be prosecuted under federal law. That fact complicates matters, because Government Code Section 37100, which governs the City of Beaumont, states that the City Council may not pass an ordinance that conflicts with federal laws. Since the distribution of marijuana violates federal law, whether in a dispensary, cooperative or collective, passing a zoning ordinance which allows such operations would still be in violation of U.S. law and, therefore, prohibited under Government Code, Section 37100. To put the matter more bluntly, if, for example, the City was authorized by the Council to become involved in the cultivation and/or distribution of medical marijuana, it is likely that the Council members and, perhaps, senior City staff, could be prosecuted under federal law. The possibility of legal enforcement against the Council was recognized by the City of Santa Cruz. In an Ordinance adopted by the City of Santa Cruz authorizing the formation of a City Department known a the "Office of Compassionate Use", the Council stayed the implementation of the Ordinance and the formation of the Office "until such time as a court of competent jurisdiction has issued a fmal order finding such activity (cultivating, obtaining, possessing or distributing marijuana by the City" to be permissible under federal law. The ordinance was adopted in 2005, but the City Office has yet to be established. III. Options Available to the City Here are some options that staff has identified as available to the City: Option No. 1: Ban Perhaps two dozen or more Cities have banned the cultivation and distribution of medical marijuana altogether. Although some ordinances have been challenged in court, none have yet been invalidated, for several reasons: 1. The Compassionate Use Act provides that "nothing in (this) section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes." 2. Nothing in the Act or any of the cases construing the Act, suggests that cities have an affirmative obligation to permit medical marijuana. 3. Ordinances banning medical marijuana use include extensive findings detailing the numerous adverse secondary impacts associated with the availability of marijuana for "medical" use, including increased criminality, loitering, drug abuse, traffic and noise impacts. The California Police Chiefs Association has compiled an extensive report detailing the negative secondary effects associated with medical marijuana. A copy of the Association's report was previously given to the Council. The City of Anaheim is presently engaged in litigation filed by a patients association represented by Mr. Anthony Curiale, the same lawyer who is representing the Beaumont Patients Collective Association. The case is presently on appeal and oral argument is scheduled for August 2009; the ruling is expected shortly thereafter. Staff spoke to both lawyers in the case, and both expressed optimism. The key issue is whether a city has an obligation to accommodate medical marijuana facilities within its jurisdiction. A ban will not necessarily have the effect of prohibiting the cultivation and medical use of marijuana by an individual. Anecdotal evidence suggests that "home grown" marijuana is relatively wide spread and, presumably, is fulfilling the needs of "qualified patients" who do not have access to dispensaries or cultivation cooperatives. Option No. 2; A Temporary Ban through an Extended Moratorium The City's present moratorium, which expires on July 6, can be extended for an additional 10 months and 15 days (for a total of one year), and then extended again for 12 months thereafter, for a total of 24 months. Because the 45 -day moratorium presently in effect is insufficient time to take any final action, staff recommends that the moratorium be extended for the 10 -month, 15 -day period. The extension, of course, can be terminated before then at any time, or at such time as the Council has taken final action on the preferred Option. The "moratorium" option appears, for now, to be the preferred Option, at least for the near term. Although 13 years have passed since the enactment of the Compassionate Use Act, the many issues the Act presents remain largely unresolved and litigation is on-going. Until this past month (May, 2009), the City has been completely bypassed by the controversy. No one in the City can recall ever receiving an inquiry concerning the establishment of a medical marijuana dispensary or cooperative. In May, however, the City received perhaps a half dozen inquiries, and the sudden interest probably reflects the media publication of the recent Supreme Court decisions and pronouncements by the Obama Administration. Beyond giving staff and the Council additional time to develop a response to the issue, the extension of the moratorium will allow the City to await the outcome of several important pending lawsuits involving other municipalities, and to determine whether the League of California Cities or the State Legislature will take a lead in developing a unified, or different, approach to the issue. Extending the moratorium will not prejudice qualified patients. Without any action on the part of the City, State law allows qualified patients to cultivate, possess and use marijuana. Given the lack of interest by qualified patients in the last 13 years (as compared to a relative "flood" of interest by would-be dispensary operators), presumably the qualified patients are successfully addressing their medical needs without a local regulation. Option No. 3: Adopt a Regulatory Ordinance, With or Without Zoning Restrictions Unfortunately, neither the Compassionate Use Act nor the State Legislature through subsequent enactments provides any uniform guidance with respect to the regulation of medical marijuana. Consequently, there is a broad range of regulatory examples among the cities statewide. Range of Alternatives A. "Dispensaries" v. "Cultivation Cooperatives" Staff has found that most of the cities that have adopted an ordinance addressing medical marijuana have leaned towards the regulation of "dispensaries", which are frequently defined as facilities or locations where the primary purpose is to dispense marijuana as a medication, whether for profit or non-profit. Most ordinances refer to such dispensaries as being operated by an association, cooperative or collective of "qualified patients" and "primary caregivers" (examples: Santa Barbara and Santa Rosa), but at least one ordinance treats the dispensary as a business enterprise without reference to caregivers and patients (example: Whittier). On the other hand, a minority of cities apparently ban the "dispensary" as a business enterprise and, instead, regulate the cultivation and distribution of marijuana by the patients and caregivers themselves. Examples include the Cites of Santa Cruz and Berkley, and the County of San Mateo. A third variation is the regulation of dispensaries operated by cooperatives or associations, which regulations mention, but do not address in any detail, the cultivation of marijuana as the source of the product dispensed by the dispensaries. An example of this type is the City of Palm Springs. B. Summary of Ordinances of Other Cities 1. Examples of Dispensaries: City of Whittier: Authorizes the establishment of "medical marijuana clinics", Whittler's term for "dispensary." It authorizes "any business or enterprise, whether or not operates for profit, intended to serve as a means of distributing or providing marijuana for medical purposes" in the "C.O. zone" with a minimum of 500 -foot spacing from schools, residential areas and parks. The clinics may be open from 6:00 a.m. to 10:00 p.m. and the operators and employees must be background checked by the Police Department. Security for the clinics includes uniformed guards, one for each 1,000 square feet of building space or portion thereof. The ordinance does not mention "primary caregivers" or "qualified patients", apparently expecting those matters to be regulated by the clinic operator. City of Santa Barbara: Authorizes dispensaries by permit, in the C-2 or C -M zones, in storefront locations, maintaining a 500 -foot spacing from schools, parks and residential areas. The City requires the applicant to prepare and file a detailed dispensary application and to comply with numerous business operation conditions, including the obligation to pay sales tax. Any violation of the dispensary permit could result in a revocation hearing conducted by the City Planning Commission. City of Santa Rosa: Treats dispensaries as retail distribution businesses which operate under annual permits that must be renewed each year. No more than two dispensary permits are issued at a time, each such permit authorizing the clinic operator to serve up to a maximum of 500 patients per month, although if the demand is apparent, additional permits can be issued at the discretion of the City Manager. Dispensaries must be located within commercial and industrial zones, at least 500 feet away from youth oriented facilities and residential zones. Operating hours range from 8:00 a.m. to 5:00 p.m., to 8:00 p.m. on certain days of the week. The dispensary site must be equipped with a "buzz -in" electronic entry system, manned with security personnel and patients must have written recommendations from their physicians. Consumption, retail sales and cultivation at the site is prohibited. Dispensaries must submit floor plans, provide specific signage, and maintain employee and patient records. The ordinance is extremely detailed. City of Jackson: Authorizes the City Manager to issue not more than one dispensary permit per year to applicants who must submit to background checks by the Police Department. Dispensaries must obtain a City business license, and may either distribute or cultivate, or both, but not for profit. Although dispensaries are authorized to cultivate, cultivation cannot occur on the premises and it is not clear where cultivation takes place. Dispensaries themselves are permitted only in the C-2 and the M-1 and M-2 zones, subject to the issuance of a Conditional Use Permit. Dispensaries must be spaced at least 1,000 feet from other dispensaries, schools, libraries and parks as well as other youth -oriented establishments. City of Roseville: The City issues one-year permits through the Chief of Police, renewed annually by the Chief upon application, although the Chief may refer an application to the City Council at his/her discretion. Employees of the dispensary operator must register with the Police Department and the dispensary is required to maintain a register of employees for inspection by the PD. The dispensary must also maintain records of its patients and primary caregivers. No consumption or cultivation is permitted at a dispensary site. City of Palm Sprints: Although Palm Springs defines a "cooperative or collective" as five or more qualified patients and caregivers who collectively or cooperatively cultivate and share medical marijuana, the ordinance is essentially a "dispensary" ordinance and little mention of cultivation is made other than in the definition of a cooperative or collective. Apparently in an effort to get control of what was becoming a proliferation of dispensaries (reputedly, seven) and mounting legal expenses incurred in connection with efforts to shut at least two of them down, the City adopted a "lottery" approach to the establishment of "cooperatives" or "collectives." Only two such operations may exist in the City at any given time, and to inject some fairness in the selection process, the City ordinance establishes a lottery system. An applicant must submit a detailed plan of operation that includes an estimate of the size of the group to be served by the "cooperative" or "collective", a site plan and security plan, and background checks. The qualified applications are to be considered by the City Council at a public hearing and the two highest ranked applications will be granted permits to operate in the City. The successful applicants agree to indemnify the City and obtain liability insurance naming the City as an additional insured. The successful applicants must also agree to reimburse the City for any litigation expenses incurred in any lawsuit involving an approved cooperative or collective. The approved cooperatives must maintain patient records which are subject to City inspection. Although cooperatives may not engage in commercial activities and cash transactions are prohibited, food products made of marijuana are permitted to be provided, but no on-site smoking or consumption of alcohol is allowed. Sales tax must be collected. Inventory records must be maintained. The City reserves the right to conduct announced inspections and, in the event of any violations of the City ordinance, the City Manager may revoke a permit, which may be appealed to the City Council. 2. Examples of Collectives/Cooperatives: City of Berkley: limits the number of dispensaries to three within the City, with 1,000 foot spacing between dispensaries and dispensaries and schools. It authorizes cultivation collectives by patients, without or without caregivers. It establishes a "Peer Review Committee" which consists of two persons from each of the three dispensaries, formed for the purpose of overseeing the operation of the three dispensaries and ensuring compliance with operational and safety standards that are published by the Committee itself. Finally, the City ordinance mandates specialized police training geared toward harmonious relations with the dispensaries. Countv of San Mateo: The County authorizes the establishment of "medical marijuana collectives" formed "to cultivate and/or store marijuana for medical purposes." Such collectives are required to obtain a business license and a "collective license" which allows such collectives to establish themselves in any area of the County, so long as "the proposed location will not adverse affect the economic welfare of the nearby community." The County's collective license includes such conditions as bans on advertising, minimal exterior signage, a comprehensive security system, prohibits cooking, sale, preparation or manufacturing of marijuana enhanced products, bars the sale of cultivated marijuana on site, limits the site to the cultivation and/or storage of marijuana, which must be conducted completely indoors and for which no money or any other thing of value may be exchanged for marijuana, except for compensation of the individual(s) actually doing the cultivation. There are numerous other conditions and prohibitions, all designed to ensure that the operation maintains the lowest possible profile in the community. City of Santa Cruz: This is essentially a cultivation ordinance which does little in the way of regulation, but does affirmatively "recognized" (and thereby encourages) the establishment of cultivators who maintain records. The City's involvement in the area of cultivation grew out of a local private enterprise formed in 1993, the Wo/Men's Alliance for Medical Marijuana ("WAMM"). WAMM is essentially a large-scale cultivation operation that serves hundreds of patients and provides professional assistance to others seeking to establish a similar operation in their own community. It appears that the WAMM model has been politically acceptable because, unlike state law, requires written recommendations from physicians, medical ID cards and other documentation that helps ensure that the marijuana does not fall into the wrong bands. Santa Cruz limits cultivation to plots having a maximum of 100 square feet (10 feet x 10 feet), presumably per patient. IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 5040 Notice of Public Hearing - Beaumont City Council - Ordinance #966 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 03/05 all in the year 2010. I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signature Date 03/05/10 at Riverside, California. This space for County Clerk's Filing Stamp LEGAL ADVERTISEMENT - NOTICE IS HEREBY GIVEN, that the Beaumont City Cougcil will conduct a public hearing on Tuesday, March 16, 2010 et approxi- mately 6:00 p.m. in Room 5 at the Beaumont Civic Cen- ter, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing . matter(s): Ordinance No. 966: AN INTERIM UR- GENCY ORDINANCE OF THE CITY OF BEAUMONT ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EX- TEND INTERIM URGENCY ORDINANCE NO. 954 FOR ONE 1 YEAR AND CON- TINUE FOR THIS PERIOD THE TEMPORARY MORA- TORIUM ON THE AP- PROVAL OF THE COL- LECTIVE CULTIVATION AND/OR DISTRIBUTION AND PROHIBITION OF MEDICAL MARIJUANA WITHIN THE CITY TO AL- LOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS. Dated: Feb- ruary 24, 2010. -s- Shelby Haney; Deputy City Clerk. Publish The Record Gazette No. 5040 03/05,2010 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 5040 Notice of Public Hearing - Beaumont City Council - Ordinance #966 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 03/05 all in the year 2010. I certify (or declare) under penalty of per- jury that) the foregoing is true and correct. signature Date 03/05/10 at Riverside, California. This space for County Clerk's Filing Stamp LEGAL ADVERTISEMENT - NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 16, 2010 at approxi- mately 6:00 p.m. in Room 5 at the Beaumont Civic Cen- ter, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing matter(s): -Ordinance No. 966: AN INTERIM UR- GENCY ORDINANCE OF THE CITY OF BEAUMONT ENACTED PURSUANT TO GOVERNMENT" CODE SECTION 65858 TO EX- TEND INTERIM URGENCY ORDINANCE NO. 954 FOR ONE 1 YEAR AND CON- TINUE FOR THIS PERIOD THE TEMPORARY MORA- TORIUM ON THE AP- PROVAL OF THE COL- LECTIVE CULTIVATION AND/OR DISTRIBUTION AND PROHIBITION OF MEDICAL MARIJUANA WITHIN THE CITY TO AL- LOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS. Dated: Feb- ruary 24, 2010. -s- Shelby Haney, Deputy City Clerk. Publish The Record Gazette No. 5040 03/05, 2010 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 5122 Notice of Public Hearing - Beaumont City Council Ordinance No. 966 - Medical Mari'uana STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 03/26 all in the year 2010. I certify (or declare) under penalty of per- jury that the foregoing is true and correct. signature Date 03/26/10 at Riverside, California. This space for County Clerk's Filing Stamp City of Beaumont LEGAL NOTICE - NOTICE IS HEREBY GIVEN, that the Beaumont City Council con- ducted a public hearing on Tuesday, March 16, 2010 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 966 AN IN- TERIM URGENCY ORDI- NANCE OF THE CITY OF BEAUMONT ENACTED PURSUANT TO GOVERN- MENT CODE SECTION 65858 TO EXTEND IN- TERIM URGENCY ORDI- NANCE NO. 954 FOR ONE 1 YEAR AND CONTINUE FOR THIS PERIOD THE TEMPORARY MORATO- RIUM ON THE APPROVAL OF THE COLLECTIVE CULTIVATION AND/OR DISTRIBUTION AND PRO- HIBITION OF MEDICAL MARIJUANA WITHIN THE CITY TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVEL- OPMENT STANDARDS Date: March 19, 2010 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 5122 03/26, 2010 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 5122 Notice of Public Hearing - Beaumont City Council Ordinance No. 966 - Medical Marijuana STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 03/26 all in the year 2010. I certify (or declare) under penalty of per- jury that the foregoing is true and correct. Date 03/26/10 at Riverside, California. This space for County Clerk's Filing Stamp City of Beaumont LEGAL NOTICE - NOTICE IS HEREBY GIVEN, that the Beaumont City Council con- ducted a public hearing on Tuesday, March 16, 2010 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. ' 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 966 AN IN- TERIM URGENCY ORDI- NANCE OF THE CITY OF BEAUMONT ENACTED PURSUANT TO GOVERN- MENT CODE SECTION 65858 TO EXTEND IN- TERIM URGENCY ORDI- NANCE NO. 954 FOR ONE 1 YEAR AND CONTINUE FOR THIS PERIOD THE TEMPORARY MORATO- RIUM ON THE APPROVAL OF THE COLLECTIVE CULTIVATION AND/OR DISTRIBUTION AND PRO- HIBITION OF MEDICAL MARIJUANA WITHIN THE CITY TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVEL- OPMENT STANDARDS Date: March 19, 2010 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 5122 03/26, 2010 ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.07.030.G OF THE BEAUMONT MUNICIPAL CODE RE: "BILLBOARD POLICY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Subsection G of Section 17.07.030 of Chapter 17.07 of the Beaumont Municipal Code, entitled "Billboard Policy", is hereby amended in its entirety to read as follows: "G. Billboard Policy. The City Council finds that the City already has a sufficient number of billboards to satisfy the community's needs for offsite commercial messages, and that any new or additional billboards, which by their very nature cause serious esthetic harm, would negatively impact the appearance of the City. For these reasons, the City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. This prohibition shall also apply to alterations, enlargements or conversions to digital displays (including changeable image displays that use light emitting diodes or functionally equivalent technologies) of legally existing billboards. The City adopts this policy pursuant to California Government Code section 65850, and California Business and Professions Code sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed, maintained, altered, enlarged or converted in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code section 5412." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of April, 2010, by the following roll call vote: AYES: Mayor DeForge, Council Members Berg, Dressel,a nd Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox 1 MOVED, PASSED AND ADOPTED this 20th day of April, 2010, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Berg, Dressel, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT CERTIFICATION ayor The foregoing is certified to be a true copy of Ordinance No. 967 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 6th, 2010, and was duly adopted upon a second reading on April 20th, 2010, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 15026 Notice Beaumont City Council - Summary of Ordinance No. 967 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 04/30 all in the year 2010. I certify (or declare) under penalty of per- jury that the foregoing is true and correct. J signature Date 04/30/10 at Riverside, California. This space for County Clerk's Filing Stamp Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, April 6, 2010 at approxi- mately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. -6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 967 - An Ordi- nance of the City Council of the City of Beaumont, Califomia that will amend Sections 17.07.030,G of the Beaumont Municipal Code. The purpose of this amend- ment is to update Title 17.07.030.G "Billboard . Pol- icy" prohibiting the applica- tion of digital display tech- nology in existing bill- boards. Ordinance No. 967 was introduced on April 6, 2010, with a public hearing, and adopted at its second reading on April 20, 2010 by the following vote: AYES:. Mayor DeForge, Council Member Berg, Dressel, Fox and Gall NOES: None ABSTAIN: None ABSENT: None. Date: April , 26, 2010 -SS- Shelby Hanvey. Deputy City Clerk Published: One time only no later than. April 30, 2010 PubliThe Record Gazette; No.15026 04/30, 2010 ORDINANCE NO. 968 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADOPTING CHAPTER 3.38 OF THE BEAUMONT MUNICIPAL CODE RE: EXHAUSTION OF REMEDIES WITH RESPECT TO CLAIMS AGAINST THE CITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Code Amendment. Chapter 3.38 of the Beaumont Municipal Code is hereby adopted to read as follows: "CHAPTER 338 EXHAUSTION OF REMEDIES WITH RESPECT TO CLAIMS AGAINST THE CITY Section 3.38.010 Exhaustion of Remedies Before seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the City, an aggrieved taxpayer, fee payer or other person must exhaust administrative remedies by: (i) exhausting any administrative remedies specified by any other provision of this Code or other applicable law, (ii) paying the full amount owed, including applicable penalties and interest, and (iii) presenting a claim for refund under Chapter 1.20 of this Code. Section 3.38.020 Statement of Purpose This Chapter is intended to apply the requirements of Article XIII, Section 32 of the California Constitution to disputes involving taxes and fees imposed by the City. These requirements include the "pay first, litigate later" rule that requires those who dispute their taxes to pay them before suing for a refund. In the absence of such a rule, any taxpayer could impose significant hardship on the City and undermined its ability to predict its revenues and manage its resources for the benefit of the public it serves. The lack of such a rule would give unwarranted hold-up leverage to every taxpayer, no matter how unfounded his or her refund claim might be. Section 3.38.030 Severability Should any provision of this Chapter, or its application to any person or circumstance be determined by a Court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other 1 provision of this Chapter or the application of this Chapter to any other person or circumstance and, to that end, the provisions are severable." Section 2: Effective Date. This Ordinance shall take effect 30 days after adoption. MOVED AND PASSED upon first reading this 6th day of April , 2010, by the following roll call vote: AYES: Mayor DeForge, Council Members Berg, Dressel, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 20thday of April second reading by the following roll call vote: , 2010, upon AYES: Mayor DeForge, Council Members Berg, Dressel, Fox and Gall NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 968 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 6, 2010, and was duly adopted upon a second reading on April 20, 2010, by the roll call votes indicated therein. CITY OF BEAUM i NT By (SEAL) Deputy City lerk 2 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 15015 Notice Beaumont City Council - Chapter 3 38 - Exhaustin of Remedies with respect to Claims against the City STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 04/30 all in the year 2010. I certify (or declare) under penalty of per- jury ythe foregoing is true and correct. --- ,1:2,.0,ke _0,._( signature Date 04/30/10 at Riverside, California. This space for County Clerk's Filing Stamp LEGAL ADVERTISEMENT SEQ CHAPTER 1h 1r 1 OM' DINANCE NO. 968 AN OR- DINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALI- FORNIA, 'ADOPTING CHAPTER 3.38 OF THE BEAUMONT : MUNICIPAL CODE RE: EXHAUSTION OF REMEDIES WITH RE- SPECT TO CLAIMS AGAINST THE CITY BE IT ORDAINED BY THE ;CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Code Amendment. Chapter 3.38 of the Beau- mont Municipal Code is hereby adopted to read as follows: "CHAPTER 3.38 EXHAUSTION OF REME- QIES WITH RESPECT TO CLAIMS AGAINST THE CITY Section 3.38.010 Exhaustion of Remedies Before seeking judicial re- lief with respect to a dispute regarding a tax, fee or other charge imposed by the City, an aggrieved tax- payer, fee payer or other person must- exhaust ad- ministrative remedies by: (i) exhausting any adminis- trative remedies specified by any other provision of this Code or other applica- ble law, (ii) payingthe full amount owed, including ap- plicable penalties and inter- est, and (iii) presenting a claim for refund under Chapter L20 of this Code. Section 3.38.020 State- ment of . Purpose, This Chapter is intended to ap- ply the requirements of Arti- cle XIII, ion 32 of California Constitution disputes involving taxes and fees Imposed by the City. These requirements include the "payfirst litigate later" rule that,, retpfires those who dispute their taxes to pay them before suing for a refund. In the absence of such a rule, any taxpayer could impose sig- nificant hardship on the City and undermined its ability to predict its revenues and manage its resources for the benefit of the public it serves. The lack of such a rutile would give..unwar- ranted hokhup leverage to every taxpayer, no matter how unfounded his or her refund claim might be. Section 3.38.030 - Sever- ability Should any provi- sion of this Chapter, or its application to any person or circumstance be deter- mined by a Court of compe- tent jurisdiction to be unlaw- ful, unenforceable or other- wise void, that determina- tion shall have no effect on any other provision of this Chapter or the application of -this Chapter to any other person or circumstance and, to that end, the provi- sions are ` severable." Section 2: Effective. Date. This Ordinance shall take effect 30 days after adop- tion. MOVED AND PASSED upon first reading this 6th day of April, 2016, by the following roll call vote: AYES: Mayor DeForge, Council Members lj Dressel, and Gall NOES: - None ABSTAIN: None ABSENT: Council Mem- ber Fox • •" - MOVED, PASSED AND ADOPTED this 20th day of April; 2010, upon second reading by the following roll call vote: AYES: Mayor DeForge, Council Members Berg, Dressel, Fox and Gall NOES: None ABSTAIN: None ABSENT:. None CITY OF BEAUMONT By -SS- BRIAN DeFORGE, Mayor ATTEST: -SS- Shelby Hanvey Deputy City Clerk Publish: Record Gazette - One time only on April 30, 2010. - Publi h The Record Gazette No.' 15015 04130, 2010 - ORDINANCE NO. 969 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING BEAUMONT MUNICIPAL CODE CHAPTER 10.50, GOLF CART TRANSPORTATION PLAN WHEREAS, Chapter 10.50 of the Beaumont Municipal Code, entitled "Golf Cart Transportation Plan" was adopted by the City Council on September 16, 2008, authorizing the use of golf carts in certain residential areas, golf courses, recreation centers, and commercial centers within the City; and WHEREAS, by this Ordinance, Chapter 10.50 is to be amended to include additional provisions to facilitate use and enforcement; and WHEREAS, on April 20, 2010, the City Council conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Chapter 10.50 of the Beaumont Municipal Code is hereby amended in its entirety to read as more particularly provided for on Exhibit A, attached hereto. Section 2. This Ordinance shall take effect on the 31st day following its adoption. following vote: MOVED AND PASSED upon first reading this 20th day of April, 2010 by the AYES: Mayor DeForge, Council Members Berg, Dressel, Fox and Gall. NOES: None. ABSTAIN: None. ABSENT: None. roll call vote: MOVED, PASSED AND ADOPTED this 1st day of June, 2010 by the following AYES: Mayor DeForge, Council Members Berg, Dressel, Fox and Gall. NOES: None. ABSTAIN: None. ABSENT: None. Mayor De F EXHIBIT A Chapter 10.50 Golf Cart Transportation Sections: Section 10.50.010 Purpose and Intent Section 10.50.020 Definitions Section 10.50.030 Design Criteria for Golf Cart Travelways Section 10.50.040 Minimum Design Criteria for Golf Carts Section 10.50.050 Minimum Safety Equipment Requirements for Golf Carts Section 10.50.060 Golf Cart Operator Safety Criteria Section 10.50.070 Golf Cart Permit Section 10.50.080 Golf Cart Parking Facilities Section 10.50.090 Penalty for Violation 10.50.010 Purpose and Intent The City Council has been informed and advised that alternate forms of clean, non- polluting transportation, such as golf carts, are essential to maintain good air quality and the overall environmental quality of the City. The purpose of this Golf Cart Transportation Plan is to encourage the increased use of such transportation, and to establish rules and regulations for the operation of golf carts in the City. 10.50.020 Definitions The following words and phrases when used in this Chapter shall have the definitions respectively ascribed to them in this Section. Whenever any words or phrases used in this Chapter are not defined but are defined in the California Vehicle Code and amendments thereto, such definitions shall apply. A. "City" means the City of Beaumont. B. "Golf Cart" means an electric powered motor vehicle having not less than three wheels in contact with the ground and an unladen weight of 1,300 pounds or less which is designed to be and is operated at not more than twenty-five miles per hour and is designed to carry golf equipment and not more than two persons, including the driver. (CVC Sec. 345) C. "Golf Cart Travelways" means all publicly -owned facilities that accommodate golf cart travel. There shall be four categories of golf cart travelways: 1. "Golf Cart Routes" mean certain specified residential streets and alleys that are posted with speed limits of twenty-five (25) miles per hour or less and are shared with pedestrians, bicyclists and other motorists. Golf Cart Routes shall, from time -to -time, be designated by resolution of the City Council. (CVC Secs. 345 and 515) 2. "Golf Cart Lane" means a portion of the public roadway that is designated by signs and pavement markings for golf cart travel, to allow golf carts to travel adjacent to automobile traffic but within a separate striped space. Bicyclists may share Golf Cart Lanes if there is not a separate bicycle lane on the roadway. Golf Cart Lanes shall, from time -to - time, be designated by resolution of the City Council. 3. "Golf Cart Shared Path" means a right-of-way adjacent to motor vehicle travel lanes, designated for shared use by golf carts, pedestrians and bicyclists, with cross traffic by motor vehicles minimized. Golf Cart Shared Paths shall, from time -to -time, be designated by resolution of the City Council. 4. "Golf Course Cart Crossing Zones" means locations on public streets for use by golf carts to cross, at any time other than during darkness, on any street, other than a state highway, which has a posted speed limit of 45 miles per hour or less and which is immediately adjacent to a golf course. Golf Course Cart Crossing Zones shall from time -to -time, be designated by resolution of the City Council. (CVC Sec. 21115.1) 10.50.030 Design Criteria for Golf Cart Travelways A. Generally: Golf Cart Travelways shall only he used by permitted golf cart operators between thirty minutes prior to sunrise and thirty minutes after sunset. Operation of golf carts during hours of darkness is strictly prohibited. B. Design Criteria for Golf Cart Routes: Golf Cart Routes shall be designated parallel to local streets having a maximum posted speed limit of 25 miles per hour. All golf cart route transitions between routes and other Golf Cart Travelways shall be clearly marked. Golf Cart Routes shall be shared with pedestrians, bicycles, and motorists. C. Design Criteria for Golf Cart Lanes: Golf Cart Lanes shall be designated parallel to local streets having a maximum posted speed limit of thirty-five (35) miles per hour. The Lanes shall be no more than six feet (6') wide measured from the adjacent lip of gutter to the inside of the painted line, have a minimum vertical clearance of seven feet (7') from overhead obstructions, have a smooth paved or concrete surface, and be separated from vehicle travel lanes by one solid four -inch (4") wide white line. On approaches to intersections Golf Cart Lanes should end with "dashed" cart lane lines beginning 200 feet from the intersection. Golf Cart Lanes shall be designated by appropriate pavement legends and signs posted along the route in conformance with this Chapter. D. Design Criteria for Golf Cart Shared Paths: Golf Cart Shared Paths shall be separated from motor vehicle traffic by an elevated path at least (6) inches above the traffic lane, be a minimum of six (6) feet in width in each direction, have a minimum vertical clearance of seven (7) feet from overhead obstructions, have an improved hardened surface capable of weights of up to 1,300 pounds, and be constructed with a maximum grade of 10% and a radius of curvature of not less than fifteen (15) feet. Such Paths shall be designed for golf carts to be safely operated at speeds of up to 15 miles per hour unless otherwise posted, and shall clearly designate all transitions to other golf cart travelways. 1. Two -Way Golf Cart Shared Paths — shall have a minimum width of 14 feet with a center lane stripe plus a one foot shoulder on each side (total right- of-way of 16 feet). E. Design Criteria for Golf Cart Crossing Zones: Except as approved by the City Council, and designated by adequate signs, markings, and other safety features, the City shall only permit golf cart crossings at signal or stop sign controlled intersections. Golf carts shall only cross such intersections within the right-hand travel lane adjacent to any marked crosswalk. Crossings shall be designated by appropriate signs in conformance with this Chapter, including a warning sign 200 feet in advance of the crossing, as well as signs at the crossing. Crossings shall to meet minimum Caltrans Highway Design Manual sight distance requirements. F. Design Criteria for State Highway and Local Street Crossings: The City shall only permit golf cart crossings on State highways, and local streets with posted speed limits greater than twenty-five (25) miles per hour, at fully -controlled intersections improved with stop signs or signals. Golf carts shall only cross such intersections within the right-hand travel lane adjacent to any marked crosswalk. No marked crossings, other than those for bicyclists and pedestrians, will be provided. Crossings shall be designated by appropriate signs in conformance with this Chapter, including a warning sign 200 feet in advance of the crossing, as well as signs at the crossing. Crossings shall to meet minimum Caltrans Highway Design Manual sight distance requirements. G. Design Criteria for Signs and Pavement Markings: Except in gated communities, all Golf Cart Routes, Lanes, and Paths shall be identified with signs and/or pavement markings spaced not more than 300 feet apart, in each direction. All golf cart travelway transitions and travelways shared with bicycles and pedestrians shall also be identified with signs and pavement markings. 10.50. 040 Minimum Design Criteria for Golf Carts The following minimum design criteria shall be required to be met for golf carts proposed to be operated on Golf Cart Paths, Lanes, Routes, and Crossings. A. Golf carts shall be electrically powered. B. Golf carts shall be of a shape and size that conforms to industry standards for manufactured golf carts. C. Golf carts shall present an unobstructed view to the rear from the driver's seat. D. Golf carts shall have a covered operator and passenger compartment 10.50.050 Minimum Safety Equipment Requirements for Golf Carts Golf carts shall have the following minimum safety equipment: A. Brake lights, conforming to CVC 24603; B. Front and rear turn signal indicator lights, conforming to CVC 24952 and 24953; C. Either left side and right side mirrors, left side and rear view mirrors, or a multidirectional cross bar rear mirror, conforming to CVC 26709; D. Head lamps, conforming to CVC 24400 and 24410, except the minimum mounting height shall be 16 inches; E. Tail lights, conforming to CVC 24600; F. Reflectors, conforming to CVC Section 24607; G. Parking brake, conforming to CVC 26450; H. Horn conforming to CVC 27000; 1. Windshield, conforming to CVC 26700; J. Seat belts, for both Driver and Passenger position, in a two-point lap belt mounting, conforming to CVC 27315; K. A golf cart locking device to prevent unauthorized movement and theft; G. A backup buzzer. 10.50.060 Golf Cart Operator Safety Criteria The following safety criteria for operators are the minimum criteria set and adopted by the City Council: A. Golf cart operators shall have a valid driver's license. B. Golf cart operators shall comply with the financial responsibility requirements established by the Calif. Vehicle Code, Section 16000 et seq. C. Golf cart operators shall maintain golf carts in a safe condition, ensure that it is safely loaded, and shall ensure that an unobstructed view to the rear is maintained at all times while in operation on travelways. D. Each Golf cart operator and passenger shall wear a seatbelt at all times. F. Golf Cart operators shall comply with all of the rules of the road that pertain to automobiles, and shall not operate a cart under the influence of intoxicants. G. Golf carts shall bear a valid City Golf Cart Permit while in operation on travelways. Possession of a valid City Golf Cart Permit does not authorize travel on public streets not designated by the City Council as Golf Cart Routes and Lanes. 10.50.070 Golf Cart Permit No golf cart shall be operated on golf cart travelways without bearing a valid City -issued Golf Cart Permit. Prior to the issuance of a Golf Cart Permit, the following shall be required: A. Operators shall attend a training presentation describing the requirements of the City Golf Cart Transportation Program; B. An equipment inspection of the golf cart by the City or its authorized agent; C. Payment of an annual permit fee in an amount established from time -to -time by Resolution of the City Council to allow the City to recover a portion of the cost of inspection, enforcement and Golf Cart Facility maintenance. It shall be the operator's responsibility to ensure that the golf cart permit shall be renewed every July, at which time each golf cart shall be re -inspected; and D. A current permit decal showing proof of compliance shall be visibly posted on the left rear fender of each permitted golf cart. 10.50.080 Golf Cart Parking Facilities Efficient use of golf cart transportation is dependent upon convenient access to the golf cart circulation system at both ends of local trips. This access is provided via the golf cart parking facilities which should be made available for golf carts at home and at local destinations, such as retail centers, parks and other recreation facilities, medical offices, and educational facilities. Recognizing the potential for extensive golf cart use, floor plans for residences should feature options for dedicated golf cart parking facilities, including a dedicated electric outlet for recharging electric golf carts. In order to promote golf cart travel, golf carts should be given preferential parking at all golf -cart accessible public and private facilities, including retail centers, parks and other recreational facilities, medical offices, and educational facilities. Parking spaces shall comply with Chapter 17.06, Off -Street Parking and Loading Standards, in the City of Beaumont Municipal Code. 10.50.090 Penalty for Violation In the discretion of the Enforcement Officer, any person violating any provision of this Chapter 10.50 shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.200 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.16.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.16.040. THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: MB PH II Sidewalk Improvement Proj I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 04-15-10 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Apr. 15, 2010 At: Riverside, California rZ BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 10231206 PO #: Agency #• Ad Copy: NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tues- day, April 20, 2010 at ap- proximately 6:00 p.m. in the Room 5 at the Beau- mont Civic Center, 550 E. 6'" Street, Beaumont Cali- fornia 92223, to receive tes- timony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 969, An Or- dinance of fh CH Council of the City of Beaumont, California, amending Chapter 10.50 'Gold Cart Transportation Plan^. Resolution No. 2010-06, A Resolution �o—ffitity Council of the City of Beaumont, California, au- thorizing certain Golf Cart Travelways for use by golf carts in the City of Beaumont. Date: April 15, 2010 s/ Kyle Warsinski Community Development Analyst 4/15 Record Gazette 218 N. Murray St. Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) ORDINANCDE # 969 - GOLF -18364 State of California County of Riverside ) ss. i am a citizen of the United States arid a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 4, 2010 Executed on: June 4. 2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, June 1, 2010 at approximately 6:00 p.m. in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Cahfomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s):Ordinance No. 969, An Ordinance of the City Council of the City of Beaumont, California, amending Chapter 10.50 'Golf Cart Transportation Plan'. The Beaumont City Council established a Golf Cart Transportation Plan, in compliance with the requirements of the State of Califomia Streets and Highways Code, Chapter 6.0. In conformance with this legislation, the plan will be designed and developed to best serve the functional travel needs of the plan area, to have the physical safety of the golf cart driver's person and property as a major planning component, and to have the capacity to accommodate golf cart drivers of every legal age and range of skits. Date: June 2, 2010 Ernest A. Egger, AICP, REA. Director of Planning Published: One time only no later than June 4, 2010 Publish The Record Gazette No. 18364 06/04, 2010 ORDINANCE NO. 970 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING BEAUMONT MUNICIPAL CODE CHAPTER 10.50, GOLF CART TRANSPORTATION PLAN WHEREAS, Chapter 10.50 of the Beaumont Municipal Code, entitled "Golf Cart Transportation Plan" was adopted by the City Council on June 1, 2010, authorizing the use of golf carts in certain residential areas, golf courses, recreation centers, and commercial centers within the City; and WHEREAS, by this Ordinance, Chapter 10.50 is to be amended to include additional provisions to facilitate use and enforcement; and WHEREAS, on June 15, 2010, the City Council conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Chapter 10.50 of the Beaumont Municipal Code is hereby amended to read as follows: Section 10.50.060 Golf Cart Operator Safety Criteria The following safety criteria for operators are the minimum criteria set and adopted by the City Council: A. Golf cart operators shall be at least 18 years old and have a valid driver's license. B. Golf cart operators shall comply with the financial responsibility requirements established by the Calif. Vehicle Code, Section 16000 et seq. C. Golf cart operators shall maintain golf carts in a safe condition, ensure that it is safely loaded, and shall ensure that an unobstructed view to the rear is maintained at all times while in operation on travelways. D. Each Golf cart operator and passenger shall wear a seatbelt at all times. F. Golf Cart operators shall comply with all of the rules of the road that pertain to automobiles, and shall not operate a cart under the influence of intoxicants. G. Golf carts shall bear a valid City Golf Cart Permit while in operation on travelways. Possession of a valid City Golf Cart Permit does not authorize travel on public streets not designated by the City Council as Golf Cart Routes and Lanes. Section 2: Effective Date and Term. This Urgency Ordinance shall take effect immediately upon its execution by the Mayor and certification by the City Clerk. MOVED, PASSED AND ADOPTED this 15`f' day of June, 2010, upon the following vote: AYES: Mayor De Forge, Council Members Berg, Dressel, and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall £ MAYOR DE F ATTEST: Sent By: RECORD GAZETTE - BANNING; 9518492437; AdManagerPro - Mediaspan Media Software http:/t74.100.228.21$:8090/4114PWeb/OrderPrice.do jsessionid,.. Aug -25-10 4:07PM; Page 2/2 LEGAL A0 CITY OF 6EAUM0NTILCGALS 550 EAST 6TH STRlRT M E D T n s P A N BEAUMONT, CA 92223 r� r" Cummer a0ecie24d1„ eters Linor Ord.r #0001 O 51 Summary Save (Cancel) t CCustnrne21 show: 4 (iieen?rra T 0 Ad Cast Preview Leyai Aduenudaineril gess 42.00 NOT CE 1S HEREBY Adjustmenta 0,00 CIIVEN Ilial Ulm 8eeturitl'ri Tax 0.00 City Council veil isendoet a 42.00 pudic tteallilg On Tuesday, Na June 15, 2010 at approxi, payments 42o.mately B.'00 phi. in 1ne Arnow.* ow.* D.0000 FtOt71n 5 al ins Seaumult User -Defined Cost Chill: c7pttw, * E. eh 511e*, eleaurnalt. , atilt* uar-Oaflnod Coot We*, 92223, to receive III- . 0.00 maty and comments trait aM wrested persons re Qa09 P 4010 latletti N "M 1 name lid 9711. n,utyaricy C7Tdntini�i d the. y 0 i 1. dl d the City d 8seurnalt, Caillo n(a . Atnersting. 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All rights reserved, 6/9/10 1:49 PM ORDINANCE NO. 971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.04.080 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "REGULATING ENCLOSURES FOR SOLID WASTE AND RECYCLED MATERIALS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 17.04.080 of the Beaumont Municipal Code, "Regulating Enclosures for Solid Waste and Recyclable Materials" is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of September , 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of October reading by the following roll call vote: , 2010, upon second AYES: Mayor De Forge, Council Memebrs Berg, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: Deputy City Clerks CITY OF BEAUMONT By BRIAN DEFOR, Mayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 971 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 9/21 , 2010, and was duly adopted upon a second reading on 10/5 , 2010, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By SHELBY HANVEY, Deputy City Clerk 2 Exhibit "A" Section: 17.04.080 Purpose 17.04.081 Applicability 17.04.082 Enclosure Plans and Specifications 17.04.083 Inclusion of Recycling Receptacles in Building Design 17.04.084 Waiver of Parking Requirement for Existing Development Section 17.04.080 Purpose. State law requires that the City is required to divert recyclable solid waste from landfills, or pay substantial fines and penalties for failing to do so. Many solid waste and trash container enclosures constructed before the enactment of this Ordinance are not adequate to provide for the separation of household refuse and recyclable materials, including glass, plastics and paper. Section 17.04.081 Applicability. Sections 17.04.082 through 17.04.084, inclusive, shall apply to the construction of, and additions or tenant improvements to, any residential, commercial or industrial structure, except single-family, detached residences. Section 17.04.082 Enclosure Plans and Specifications. The applicant for any applicable development activity shall, as a condition of approval, submit for review and approval site plans and profiles of enclosures sufficient in number to serve the development. Such plans shall include the following information: A. Trash and Recycling Containers: Trash and recycling containers shall be shown on the site plan at grade; B. Enclosure Accessibility: Enclosures shall be accessible to solid waste and recycle collection vehicles. The site plan shall include a design for truck turn around movements, ingress and egress, and "keep clear" areas; C. Adequate Capacity: Adequate capacity for trash and recycling shall be provided, based upon the volume and tonnage expected to be generated by the proposed development, as estimated by the City; D. Sizing: Enclosures shall be sized to provide for both trash and recycling receptacles placed in a manner that will allow free access to either by collection trucks; E. Design: The design shall conform to the City's standard specifications, although alternative designs may be approved at the discretion of the Planning Director; F. Signs: Signs shall be permanently placed on enclosure walls and on trash and recycling containers to distinguish them. General instructions about how the recycle shall be posted, which shall include a prohibition against the disposal of oil, grease and hazardous waste. The signs shall include the name and phone number of the person responsible for the maintenance of the enclosure. Section 17.04.083 Inclusion of Recycling Receptacles in Building Design. Office, commercial and retail, industrial and large-scale residential development projects shall include appropriately -sized receptacles for recyclable materials adjacent to trash containers 1 in all common areas. Signs shall be posted to instruct users as to the proper separation of trash and recyclable materials. Section 17.04.084 Waiver of Parking Requirements for Existing Development. In order to encourage recycling, the Planning Director shall have the authority to reduce the number of required motor vehicle parking spaces provided for existing land uses in order to accommodate enclosures or recycling receptacles, provided that the enclosures meet the design specifications in Section 17.04.082. If there is insufficient space to construct a combined trash and recycling enclosure, the Planning Director shall have the authority to permit recycling receptacles to be located adjacent to existing trash receptacles. 2 AdManagerPro - Mediaspan Media Software Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, September 21, 2010 at ap- proximately 6:00 p.m. in the Room 5 at the Beaumait Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 971 - An Ordi- nance d the City Council of the City d Beaumont, Cali- fornia Amending Section 17.04.080 of the Beaumait Municipal Code Entitled "Regulating Enclosures far Solid Waste and Recycling Materials" Ordinance No. 974 - An Ordinance of the City Council of the City of Beaumont, California add- ing Section 9.03.155 to the Beaumont Municipal Code Entitled "Special Events Recycling Ordinance No. 975 - An Ordinance of the City Council of the City of Beaumont, California Add- ing Chapter 8.13 to the Beaumont Municipal Code Entitled "Mandatory Recy- cling of Construction and Demditiar Wastd' Ordi- nance No. 976 - An a-di- nance d the City Council of the City of Beaumont Add- ing dding Chapter 8.14 to the Beaumont Municipal Cade Entitled "Mandatory Recy- cling Requirements fcr Commercial Facilities" The purpose d these amend- ments is to update the Mu- nicipal Code amending Title 17.04.080 "Regulating Er - closures far Solid Waste and Recycled Materials"; adding Title 9.03.155 "Spe- cial Events Recycling"; add - Ing Title 8.13 "Mandatory Recycling of Construction and Demolition Waste"; and adding Title 8.14 "Manda- tory Mandytory , Recycling Require- ments equirements for Commercial Fa- cilities" in oder to comply with state law requiring the City to divert, frau landfills, a significant percentage of solid waste that may other- wise be recycled. Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 26452 09/10. 2010 2 of 2 http://74.100.228.218:8090/AMPWeb/OrderPrice.do;j sess:ionid... Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) SUMMARY OF ORDINANCE -26452 State of California County of Riverside ) SS. 1 am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal Berk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 10, 2010 Executed on: 09/10/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Cound will conduct a pudic hearing on Tuesday, September 21, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 61h Street, Beaumont, Catfomia 92223, to receive'tstimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 971 - An Ordinance of the City Council of the City of Beaumont, California Amending Section 17.04.080 of the Beaumont Municipal Code Entitled 'Regulating Enclosures for Slid Waste and Recycling Materials' Ordinance No. 974 - An Ordinance of the City Council of the City of Beaumont, Caffomia adding Section 9.03.155 to the Beaumont Munldpal Code Entitled 'Special Events Recycling Ordinance No. 975 - An Ordinance of the City Comdl of the City of Beaumont, California Adding Chapter 8.13 to the Beaumont Municipal Code Entitled 'Mandatory Recycling of Construction and Demolition Waste' Ordinance No. 976 -An Ordinance of the City Comd of the City of Beaumont Adding Chapter 8.14 to the Beaumont Municipal Code Entitled 'Mandatory Recyding Requirements for Commercial Facilities' The purpose of these amendments is to update the Municipal Code amending Title 17.04.080 'Regulating Enclosures for Solid Waste and Recycled Materials'; addng Title 9.03.155 'Special Events Recycling'; adding Title 8.13 'Mandatory Recycling of Construction and Demolition Waste', and adding Title 8.14 'Mandatory Recycling Requirements for Commercial Facilities' in order to comply with state law requiring the City to divert, from landfills, a significant percentage of solid waste that may otherwise be recycled. Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 26452 09/10, 2010 ORDINANCE NO. 972 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REQUIRING PAYMENT OF DEVELOPMENT IMPACT FEES FOR RECYCLED WATER FACILITIES, APPOINTING TIME AND PLACE OF A PUBLIC MEETING AND OF A PUBLIC HEARING AND DIRECTING NOTICE THEREOF, DESCRIBING PROPOSED BOUNDARIES OF BENEFIT AREA WHEREAS, California State law, including Sections 66007, 66483 and 66484 of the Government Code authorize the establishment of an area of benefit and the collection of development impact fees for the purpose of defraying the costs of public facilities, improvements and amenities related to new development, including recycled water facilities; and WHEREAS, the City Council of the City of Beaumont has determined to undertake the construction of certain major infrastructure known as the Recycled Water Facility Master Plan (the "Plan") as described in Exhibit A hereto (the "Improvements"), and WHEREAS, the Plan has been adopted as part of the City of Beaumont Recycled Water Facility Fee Study (the "Study") for the area of benefit which contains an estimate of the total costs of constructing the recycled water facilities required by the Plan and a map of such benefiting area showing its boundaries and the location of facilities; and WHEREAS, in the Study, the City of Beaumont has analyzed the growth of population and land uses and the increase in recycled water generated thereby and the recycled water facilities required in reasonable proportion to the growth; and WHEREAS, the Study concluded that the development impact fees established herein would generate revenues sufficient to design, permit and construct recycled water facilities as shown on the Plan; and WHEREAS, there is a correlation between growth and the need for additional recycled water facilities, and the development impact fees established hereunder will fund the Improvements that are required by the additional new development; and WHEREAS, the City Council has determined to undertake the construction of the Improvements in conjunction with City of Beaumont Community Facilities District No. 93-1 ("CFD No. 93-1") and has determined to finance a portion of the costs of the Improvements from fees required to be paid and collected as provided in and authorized by California law; and WHEREAS, pursuant to law, the City Council of the City of Beaumont has enacted this Ordinance (the "Ordinance") in order to impose certain fees as development occurs on certain land which is benefitted by construction of the Improvements in order to defray a portion of the actual or estimated cost of constructing the Improvements other than property included within CFD No. 93-1, which finances, funds or constructs facilities equivalent to its share of such costs through CFD No. 93-1; and WHEREAS, the public interest, convenience and necessity require, and this City Council intends to order the design, permitting, acquisition and construction of the Improvements, related appurtenances and rights-of-way, and the imposition and collection of said fees to defray the costs thereof; and WHEREAS, a public meeting and a public hearing will be held, pursuant to notice as herein provided, for the purpose of establishing the boundaries of the territory more particularly identified on Exhibit B hereto (the "Area of Benefit") of the Improvements, the estimated costs of the Improvements and the method of allocation of said costs to the Area of Benefit and fee apportionment; and WHEREAS, at least 10 days prior to the meeting on the proposed development impact fees, the Director of Public Works shall make available to the public data indicating the amount of costs or estimated costs required to provide the facilities for which each fee is levied and the revenue sources anticipated to provide the facilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new development in the City of Beaumont increases the demand for recycled water facilities thereby requiring the installation and upgrade of recycled water facilities in order to protect the public health, safety and welfare; and that such development should pay its fair share of such improvements. Section 2. Purpose. The purpose of this Ordinance is to make provision for the establishment of an area of benefit and the assessing and collecting of fees at the time of development or connection the City sewer system, herein referred to as the "Recycled Water Facility Fee," to be collected by the City. Section 3. Definitions. Whenever the following words are used in this Ordinance, they shall have the following meaning: a. "Construction" means, without limitation, design, acquisition of right-of- way, administration of construction contracts and actual construction and such other items as may be authorized by laws of the State of California. b. "Dwelling Unit" means a building or portion thereof or a mobile home space or a mobile home or manufactured house designed primarily for residential occupancy. The term "dwelling" shall not include hotels or motels. c. "Equivalent Dwelling Unit" means one Non -Residential Unit, one Dwelling Unit or one Mobile Home Space. d. "Improvements" means recycled water extraction wells, pump stations, pipelines and reservoirs, rights-of-way, appurtenances, permits and professional services as further described in the Plan and the Study for the area delineated in a map showing the boundaries of the area of benefit and the location of such improvements (the "Area of Benefit") and which the Study contains reasonable estimates of the total costs of the Improvements. e. "Mobile Home Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. f. "Non -Residential Unit" means each gross acre (or fraction thereof) of retail, commercial and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels. A Non -Residential Unit is equal to 10.00 Dwelling Units. g. "Recycled Water Facility Fund" means the fund established pursuant to the terms of this Ordinance (the "Fund"). Section 4. Payment of Fees Required. Fees for such purpose shall be imposed upon new construction within the Area of Benefit and shall be imposed at issuance of a building permit, final building inspection or certificate of occupancy, whichever occurs first or as otherwise determined by the City Council; provided, however, that the fees for Improvements may be collected at the time an application for sewer service is received by the City. The City Council may also impose the Recycled Water Facility Fee as a condition of filing a final map or issuing a permit for development with respect to any portion of land which is benefitted by the acquisition and construction of the Improvements for the purpose of defraying the actual or estimated costs of the Improvements, so long as such fees are collected for Improvements to be paid for from the Recycled Water Facility Fund (described below) and for which moneys are being appropriated and for which the City has adopted a proposed construction schedule or plan prior to the issuance of a building permit, final inspection or issuance of the certificate of occupancy, or if the fees are to reimburse the City for expenditures which will have been previously made as authorized by Sections 66007, 66483 and 66484 of the California Government Code. Section 5. Map. Subject to the public meeting and hearing process, the City Council hereby determines that the proposed boundaries of the Area of Benefit is as described in the map attached hereto as Exhibit B. The Map showing the general nature, location and extent of the proposed Improvements and showing the boundaries of the territory containing the lands proposed to be charged with fees to pay the costs and expenses of the proposed Improvements, (the "Map of the Area of Benefit") is hereby approved and adopted in the form attached hereto and made a part hereof as Exhibit B. Section 6. Filing of Map. The original Map of the Area of Benefit and one copy thereof shall be filed in the office of the City Clerk available at City Hall. Section 7. Governing for Details. The Map indicates by boundary line the extent of the territory included in the Area of Benefit and shall govern for all details as to the extent of such area, reference to such Map being hereby made for particulars. Section 8. Certification of Adoption. A Certificate evidencing the date and adoption of this Ordinance shall be endorsed on the original Map of the Area of Benefit and on at least one copy thereof. Section 9. Fees. The proposed fees to be imposed upon construction of all non-residential units, dwelling units and mobile home spaces per equivalent dwelling unit within the Area of Benefit as set forth in Exhibit A. Notwithstanding anything herein to the contrary, the amount of the fees set forth in Exhibit A attached hereto shall escalate each year until paid by an amount equal to the cumulative percentage increases in the Building Cost Index of the Engineering News Record Index published for the month nearest the effective date of this Ordinance. If any fee is not fully paid (or required to be paid), the City may require the property owner, or Lessee if the Lessee's interest appears of record, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time required by Section 4 hereof, as set forth in Section 66007 of the Government Code. Section 10. Estimated Costs. The estimate of the costs of the acquisition and construction of the Improvements, as contained in the Plan and the Study is $27,790,325 and the City Council of the City of Beaumont hereby finds and determines that, of said amount, approximately $27,790,325 shall be paid through the imposition and collection of fees pursuant to the Ordinance. Section 11. Improvements Are In Addition To Existing Facilities. The Improvements are in addition to existing facilities serving the Area of Benefit at the time of adoption of the Ordinance and the Plan. The Improvements are in addition to, or reconstruction of, existing facilities serving the Area of Benefit at the time of adoption of the Ordinance. Section 12. Council Review of Improvements. The City Council of the City of Beaumont hereby declares that it has reviewed the Study presented to the meeting and attached hereto as Exhibit A. Section 13. Subdivision Requires Construction of the Improvements. The City Council of the City of Beaumont hereby finds that subdivision and development of property within the planned local area will require construction of the Improvements and the fees are fairly apportioned within such areas on the need for such facilities created by the proposed subdivision and development of property within such areas. Section 14. Apportionment of Costs. Subject to the public meeting and public hearing process, the City Council of the City of Beaumont hereby determines that the fair method of apportionment of the costs of the Improvements to the Area of Benefit and that the method of apportionment of the fee shall be as set forth in Exhibit A hereto based on equivalent dwelling units. The fee for facilities as to any property proposed for subdivision or development does not exceed the pro rata share of the amount of the total estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per -acre basis. The method of apportionment will not provide for higher fees on land which abuts the proposed Improvements, except where the abutting property is provided direct usable access to the facility. The City Council of the City of Beaumont hereby finds and determines that the fees are fairly apportioned within the Area of Benefit on the basis of the need for such Improvements created by the proposed subdivision and development of property within the Area of Benefit. The City Council further finds and determines that there is a reasonable and proportionate relationship between (i) the fees' use and the types of development projects on which the fees will be imposed and (ii) the need for the Improvements and the types of development projects on which the fees will be imposed. Section 15. Deposit of Fees; Restriction on Expenditure of Fees. Fees for such purposes shall be paid to the City of Beaumont and shall be deposited into the Recycled Water Facility Fund. Moneys deposited into such fund shall be expended solely for the construction, acquisition or reimbursement for construction of the applicable Improvements serving the Area of Benefit or to reimburse the City of Beaumont for the cost of engineering and administrative services to form the Area of Benefit and to design and construct the Improvements. The payment of fees shall not be required unless the Improvements are in addition to, or a reconstruction of, any existing major infrastructure serving the Area of Benefit at the time of adoption of the Area of Benefit. The fees shall not be expended to reimburse the costs of existing facilities construction. Section 16. City Is Not Obligated to Advance Available Funds. In its sole discretion, the City Council of the City of Beaumont may advance moneys from its general fund, from moneys made available by the Beaumont Redevelopment Agency, CFD No. 93-1 or any sewer or water fund to pay the costs of constructing the Improvements and may reimburse the general fund, the Agency, CFD No. 93-1 or the sewer or water fund for such advances from fees deposited in the applicable Facilities Fund for the Area of Benefit. Section 17. City May Incur Interest Bearing Indebtedness. In its sole discretion, the City Council of the City of Beaumont may incur, or cooperate with the Agency with respect to the Agency incurring, interest bearing indebtedness for the construction of the Improvements; provided that the sole security provided by the City for repayment of such indebtedness shall be moneys in the applicable Fund. Section 18. Agreement for Reimbursement. If the proposed Improvements are installed by any owner of property within the Area of Benefit, the City may credit the fee or enter into an agreement with such property owner to reimburse the property owner, pursuant to Section 66486 of the Government Code. Section 19. Calculation of Fee. The calculation of any fee required to be paid under the provisions of this Ordinance shall be based upon the fee schedule in effect at the time of actual payment. Section 20. Exemptions. The following types of development shall not be required to pay the Recycled Water Facility Fee: a. The replacement of existing development, provided that the replacement occurs within 3 years of the date of destruction, contains the same number of equivalent dwelling units and does not add more than 1,000 new square footage; and b. The rehabilitation or remodeling of existing development that does not add more than 1,000 square feet to the existing structure. Section 21. Appeals. In addition to any statutorily -authorized protest procedure, any person aggrieved by the computation of fees pursuant to this Ordinance shall have the right to appeal the computation to the City Council by filing a written notice of appeal no later than 15 days from the date of the computation. Written notice shall be filed with the City Clerk and state the objections of the person filing the notice. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least 21 days after the date the appeal was filed. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties. The decision of the City Council shall be final. Section 22. CEQA. The fees adopted hereunder are exempt from the California Environmental Quality Act, Public Resources Code, Section 21080 (b) for the reason that the fees are imposed for the purpose of purchasing materials and for obtaining funds necessary to maintain service within existing service areas. Section 23. Public Meeting. August 17, 2010, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will hold a public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting relating to the matters set forth herein. Section 24. Public Hearing. August 17, 2010, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will consider and finally determine the boundaries of the Area of Benefit, the Improvements, the estimated costs of the Improvements, and the method of allocation and apportionment of costs of the Improvements to the Area of Benefit and all other matters set forth in this Ordinance. Section 25. Notice of Adoption of Ordinance. The City Clerk of the City of Beaumont is hereby directed to publish this Ordinance once within fifteen (15) days following its adoption in a newspaper of general circulation published in the City of Beaumont; provided, that in lieu of publication of the entire text of the Ordinance, the City Clerk may prepare and publish a summary of the Ordinance with the names of those City Council members voting for and against the Ordinance. The City Clerk shall post a certified copy of the full text of the adopted Ordinance in the office of the City Clerk. Section 26. Severability. If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed those sections, subsections, clauses and phrases irrespective that one or more may be declared invalid or unconstitutional. Section 27. Effective Date. This Ordinance shall be in full force and effect 60 days from and after its adoption on June 21, 2011. MOVED, PASSED AND APPROVED this 1st day of March, 2011 by the following vote: AYES: Mayor Pro Tem Berg, Council Members Castaldo, Fox and Gall NOES: Mayor De Forge ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 21st day of June, 2011 by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST i Deputy City Cler 1 Mayor of the City o eaumont CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 9 regular meeting of the City Council held on August 17, 2010 and duly a reading on June 21, 2011 by the roll call votes indicated ther duly introd , ed at a ted upon the second f AI -AWOL Deputy City Clerk, City f Beaumont? L Fee Component Recycled Water Fee Calculation - Future EDU's Existing EDU's Total City of Beaumont Recycled Water Facility Fee Fee Summary EDU's 23,362 12,789 36,151 % EDU's Total Cost Fee per EDU 64.62% $17,959,042 35.38% $9,831,273 100.00% $27,790,315 $768.73 $768.73 EXHIBIT A FEE STUDY INCLUDING DESCRIPTION OF IMPROVEMENTS AND METHOD OF APPORTIONMENT OF FEE City of Beaumont Recycled Water Facility Mitigation Fee Study Prepared for: Beaumont City Council Brian De Forge, Mayor Roger Berg, Mayor Pro Tem David Castaldo, Council Member Jeff Fox, Council Member Nancy Gall, Council Member Prepared by: Public Works Department Community and Economic Development Department August 17, 2010 I. Introduction and Purpose of the Study The purpose of this study is to reasonably estimate and apportion the total cost to construct certain recycled water facilities which are needed to support the logical and orderly development of the City of Beaumont in accordance with the City of Beaumont General Plan (General Plan). The study will be used to establish a new facility fee known as the Recycled Water Facility Fee to fund the design, permitting, administration, acquisition, construction and upgrade of certain recycled water facilities necessary to serve future development in the City. The report provides an estimate of costs for those facilities along with a calculation of the facility fee to be levied on a "fair share" basis in accordance with Government Code Section 6600, et. seq., based upon measurable units of expected future land uses which are expected to impact recycled water facilities in Beaumont. Currently, there are thousands of acres of vacant land within the City and its Sphere of Influence which are planned for future development. As new development occurs in the City and surrounding region, recycled water will be generated by new residents and businesses, increasing the use of recycled water facilities and requiring them to be upgraded to accommodate the increased use. Additionally, new recycled water facilities will be needed to accommodate expected use by new development, and to comply with regulatory requirements including those set forth by the State of California Regional Water Quality Control Board (Regional Board). Certain facilities or component portions thereof may be constructed by the City using the facility fees, pursuant to the City of Beaumont's Comprehensive Public Facilities Financing Program (City Program) which relies upon public financing districts to construct facilities or directly by developers to mitigate impacts of specific development projects pursuant to development agreements, conditions of approval and the General Plan. It is appropriate therefore to periodically amend the facility fee to reasonably apportion the cost of recycled water facilities included in this study on a fair share basis among future developments and to facilitate the issuance of fee credits and reimbursements when those facilities are otherwise constructed or funded directly by developers or through the City Program. The facilities to funded by the facility fee, the City Program or developers are listed below and are depicted on the Recycled Water Facility Master Plan included this study. The facilities depicted on the Master Plan are identified in the Preliminary Engineer's Cost Estimate, or as may be otherwise approved by the City Council to fund equal facilities having an equivalent benefit. Facilities to be funded by the facility fee are listed below together with their estimated cost. Recycled Water Facility Estimated Cost < Wells $ 1,240,000 < Reservoirs 1,322,500 < Pump Stations 7,542,500 < Pipelines 10,929,500 < Fees and Permits 640,815 < Planning and Engineering 3,250,000 < Contingency 2,865,000 Total $27,790,315 A preliminary estimate of the cost to design, permit and construct the facilities to be funded by the facility fee is provided in the Appendix of this study. The estimated costs are based upon recent unit costs for similar projects which have been publicly bid in the City using prevailing wages. Where no such recent costs were available, estimates were prepared by the City Public Works Director using RS Means unit cost data adjusted for the local area. All costs for facilities should be adjusted for inflation on a regular basis by the City Council in accordance with the Engineering News Record construction cost index for the Los Angeles area. The facilities to be funded by the proposed fee include extraction wells to make sure all of Beaumont's recycled water is utilized in the Beaumont Management Zone in accordance with Regional Board requirements. The Regional Board has issued a waste discharge permit to the City which regulates how recycled water created by new development must be discharged in a manner with maximizes the beneficial use of the recycled water in the region. The facilities to be funded by the proposed fee also include pump stations, reservoirs and pipelines to deliver the recycled water from the extraction wells to approved discharge points where the water will either be used for irrigation or percolated into the Beaumont Groundwater Basin in accordance with the regulatory permit requirements issued to the City by Regional Board. II. Recycled Water Facility Fee Calculation The purpose of this section of the study is to provide a description of the facilities to be funded by the facility fee and an estimate of costs to design and construct those facilities. This section also provides an estimate of how much future development will benefit from each of the facilities based on "equivalent dwelling units" or EDU's. The study provides a reasonable measure of the number of new EDU's that will be developed on the undeveloped vacant land in the City and Sphere of Influence that will benefit from the facilities once they are constructed. Each facility to be funded and constructed for the benefit of undeveloped land is depicted on the Recycled Water Facility Master Plan map included this study. The study and fee is based upon the total estimated cost of the facilities divided by the number of EDU's that will benefit from and will be responsible to pay the cost of designing, permitting and constructing the planned facilities as part of the City Program. In order to establish a reasonable estimate of the number of EDU's different types of land uses will generate, the study establishes the relative demands of residential, commercial and industrial land uses on the future recycled water facilities. The average demand placed on the facilities by a single dwelling unit with an average population of 3.2 persons per unit is used as the baseline of measurement for other land uses. In the case of recycled water facilities, it is 3 assumed, based upon recycled water generation data utilized by the City as part of the City Program, a single dwelling unit generates 280 gallons of recycled water per day (1 EDU) and the average industrial and commercial use generates 10 EDU per acre of development. A listing of the EDU factors used in this study is provided below. Land Use Residential Dwelling Unit Industrial/ Commercial Acre Recycled Water EDU's 1.00 10.00 In order to estimate the number of new EDU's to be developed in the future, the study uses a listing of the number of EDU's in major planned projects and an estimate of residential, industrial and commercial EDU's which may develop on remaining undeveloped parcels within the City and the City's Sphere of Influence. The list of planned projects future development areas along with the estimated number of EDU's each project and area will generate is shown on the table entitled EDU Summary in the Appendix of this study. Where a specific project could not be identified for undeveloped land, an estimate of acreage and EDU's was made by generic land uses reasonably expected to be developed in each area based on past development patterns in the City and the current General Plan land use designation. A. Recycled Water Facilities Recycled water facilities to be funded by the proposed facility fee include new recycled water extraction wells, pump stations, reservoirs, pipelines and appurtenant facilities. Additionally, the proposed fee will fund the planning, engineering, construction management and environmental mitigation requirements necessary to design, permit and construct the facilities shown on the Recycled Water Facility Master Plan. For the purposes of this study, the total number of EDU's to be developed which will benefit from the facilities is estimated to be 23,362 EDU's. The total cost of recycled water facilities funded by the fee and fair share contribution generated by the City Program is estimated to be approximately $27.8 Million. B. Recycled Water Facility Fee Calculation The proposed recycled water facility fee is calculated by dividing the cost of the planned facilities by the number of EDU's which will benefit from or use the facilities. EDU assumptions for schools which may be developed in place of residential, commercial or industrial land uses are listed in the Fee Schedule below. All non-residential EDU's may be determined by using the generic EDU factor of 10.00 EDU's per acre or by a site and project specific calculation of EDU's made at the time of development as approved by the Planning Director. The total number of estimated EDU's, the fair share cost of facilities and the proposed facility fee for each generic land use are summarized on the Fee Schedule below. The recycled 4 water facility fee will be levied by the Building Department prior to the issuance of building permits for all new development or expansion of existing development, or at such time as an application for sewer service is submitted, whichever occurs first. All expansions of existing land uses which are less than or equal to 1,000 square feet will be exempt from the recycled water facility fee. Land Use Residential/Com./Ind. *Equivalent Dwelling Unit Factors Residential Dwelling Unit Industrial or Commercial Acre Elementary School Middle School High School Open Space and Agriculture FEE SCHEDULE EDU's Fair Share Cost Fee per EDU* 23,362 $27,790,315 $1,189.55 Recycled Water EDU 1.00 10.00 47.28 61.19 133.50 0.00 5 APPENDIX 6 A) Preliminary Engineer's Cost Estimate City of Beaumont Recycled Water Facility Fee Preliminary Engineer's Cost Estimate Facility/Description Units Unit Cost Well Site Acquisition Equip Existing Extraction Wells Construct New Extraction Wells Electrical and Telemetry Move -in Rough and Fine Grading Grouted Rip Rap Storage Reservoirs - 1M Gal. Storage Reservoirs - 250K Gal. Pump Station - 750 hP Pump Station - 450 hP Pump Station - 125 hP 6 -inch HDPE Pipeline 8 -inch HDPE Pipeline 10 -inch HDPE Pipeline 12 -inch HDPE Pipeline 18 -inch HDPE Pipeline Dual 12 -inch HDPE Pipeline Jack & Bore 6 -ft Block Wall Signs Planning, Environmental and Project Management Engineering, Surveying and Construction Management Plan Check and Inspection Fees UPRR Permits Wetlands 404-1603 Contingencies (© 15% of Construction Cost) TOTAL 2 2 2 4 1 15,000 40 1 1 1 1 1 4,800 2,300 3,950 19,600 12,250 10,300 1,000 1,000 10 1 1 1 1 1 1 $150,000.00 $95,000.00 $275,000.00 $50,000.00 $10,000.00 $7.50 $2,500.00 $850,000.00 $250,000.00 $3,500,000.00 $2,250,000.00 $1,750,000.00 $72.00 $120.00 $150.00 $180.00 $216.00 $288.00 $575.00 $40.00 $250.00 $385,000.00 $2,865,000.00 $290,815.00 $100,000.00 $250,000.00 $2,865,000.00 Estimated Cost $300,000 $190,000 $550,000 $200,000 $10,000 $112,500 $100,000 $850,000 $250,000 $3,500,000 $2,250,000 $1,750,000 $345,600 $276,000 $592,500 $3,528,000 $2,646,000 $2,966,400 $575,000 $40,000 $2,500 $385,000 $2,865,000 $290,815 $100,000 $250,000 $2,865,000 $27,790,315 B) EDU Summary and Facility Fee Summary City of Beaumont Recycled Water Facility Fee Benefit Area EDU Estimate City of Beaumont Land Use Areas CFD IA No, Project Res. EDU Com/Ind EDU I9I$1 Centerstone 1 Tentative Tract 350 0 350 Heartland 5 Tentative Tract 995 206 1,201 Second Street Marketplace 6B General Pian 0 174 174 Four Seasons 7 B-E Tentative Tract 1,262 0 1,262 Sundance 8 Tentative Tract 2,782 136 2,918 Tournament Hills 17 B -D Tentative Tract 602 0 602 Fairway Canyon 19 C -G Tentative Tract 2,471 260 2,731 Pacific Scene 20 Aspen Creek 85 0 85 Hidden Canyon 21 Tentative Tract 411 0 411 Mo Bezhad 22 Tentative Tract 95 0 95 Manors Construction 24 Tuscany Villas 144 0 144 Mountain Bridge General Plan 2,000 900 2,900 Arbor Ridge Area- Southeast Beaumont General Plan 2,250 300 2.550 Potrero Creek Estates Specific Plan 700 0 700 Legacy Highlands Specific Plan 2,868 1,600 4,468 Jack Rabbit Trail General Plan 1,200 0 1,200 Sunny Cal Specific Plan 571 0 571 Residential Infill Projects General Plan 300 0 300 Non -Residential Infill Projects General Plan 0 700 700 Total Equivalent Dwelling Unit Factors Water Sum* EDU Single-family Dwelling Unit 1.00 Cornmercial/lndustrial Acre EDU/AC 10.00 Open Space/Agriculture 0.00 19,086 4,276 23,362 City of Beaumont Recycled Water Facility Fee Fee Summary Fee Component EDU's Total Cost fee per EDU Recycled Water Fee Calculation 23,362 $27,790,315 $1,189.55 C) Recycled Water Facility Master Plan A 117`a01N Produced for. City of Beaumont • Comprehensive Public Facilities Financing Program Recycled Water Facility Master Plan Produced by: o▪ fur WILDERMUTH" arm f NV1110N1Af NTAI INC. www welder uffwwwronn eOIN LORI • Existing Extraction Wen T Proposed Extraction Wei Proposed 8' - 12' Extraction Wen Pipeline (30.650 8) Proposed 8' Conveyance Pipeii e (3.6008) Proposed Dual 12` Conveyance Pipelines (10.300 8) Proposed 18' Recycled Water Pipeline (12.250 8) Storage Reservoir and Pump Station Discharge Point RWt7C8 Management Zone Boundary Ciy Limas City of Beaumont WWTP CITY OF BEAUMONT Area of Benefit - Recycled Water Facility Master Plan Legacy Highlands I t LEGEND 0 0 AREA OP BBNBPIT BOUNDARY CITY BOUNDARY ANNEXATION IN PPOCBSS ARRA TO BBSERVIC$7 BY AGREEMENT WITH THE CITY I 1 J N., Patrerq Crept 1 tabti!‘A6` President: John Jeter Vice President: Ted Haring Treasurer: Dave Dysart Directors: Bill Dickson Ray Morris Barbara Voigt Carl Workman General Manager & Chief Engineer: Jeff Davis, PE Legal Counsel: McCormick, Kidman & Behrens San Gorgonio Pass Water Agency nA California State Water Project Contractor 1210 Beaumont Avenue • Beaumont, CA 92223 Phone (951) 845-2577 • Fax (951) 845-0281 July 28, 2010 Mr. George Jorritsma, President Beaumont Basin Watermaster 560 Magnolia Avenue Beaumont, CA 92223 Dear Mr. Jorritsma: The San Gorgonio Pass Water Agency and the Beaumont Basin Watermaster have long had a common interest in the Beaumont Basin and its efficient use for current and future generations. The Agency has been recharging the Basin continually since 2003, and thus far has recharged over 5,000 acre-feet specifically to address overdraft. The Agency recognizes that its recharge at Little San Gorgonio Creek is not within the boundaries of the adjudicated Basin, though it has been shown to be within the hydrologic and hydraulic boundaries of the Basin. In 2011, the Agency will begin recharging supplemental water in Noble Creek. This facility will be located within the boundaries of the adjudicated Basin. While the Agency recognizes that it has the right to recharge supplemental water in the Basin on its own, it is clear that a storage account with the Watermaster would be in the best interests of the Agency and the Watermaster. Toward that end, the Board of Directors has authorized me to negotiate a storage agreement with the Watermaster that meets the legal and administrative needs of the Watermaster, while at the same time protects the legal rights of the Agency. On behalf of the Agency, I respectfully request that you place this issue on the agenda for the Watermaster's next board meeting. I will be happy to attend that meeting and answer any questions that your board or staff may have. Importing Water To The Pass Area Cc Joe Zoba, YVWD Duane Burk, City of Banning Dave Dillon, City of Beaumont Tony Lara, Beaumont Cherry Valley Water District Russ Behrens Joe Aklufi Kyle Warsinski From: Dave Dillon Sent: Tuesday, August 17, 2010 2:10 PM To: Kyle Warsinski Subject: Fwd: City of Beaumont Recycled Water Fee ----Original Message ---- From: Mark Knorringa <mknorringa@riversidebia.org> To: ulcdave@aol.com Cc: Bill Blankenship<bblankenship@riversidebia.org>; Tommy Thompson <tthompson@riversidebia.org> Sent: Mon, Aug 16, 2010 4:47 pm Subject: RE: City of Beaumont Recycled Water Fee Dave, I ask that you pull this from the August 17th agenda. Your email this afternoon is the first factual information I've received on this since our conversation last Thursday or Friday. Additionally, you did not mention this would be agendized any time soon. I will be unable to respond to this proposal nor attend the meeting tomorrow. I ask that you delay this proposal for 30 days. Mark :. ti 441'U _,) f Mark Knorringa Chief Executive Officer BIA of Southern California - Riverside County Chapter 3891 11th Street Riverside, CA 92501 Phone (951) 781-7310 ext. 201 Cell (951) 522-1581 Fax (951) 781-0509 Email: rnknorringa(giriversidebia.or, www.riversidebia.org An .-foliate of N..1.H.8. \V hinetun D.C. & ('.It.1.A. ';a•raIn, nto 1 Mayor Brian DeForge, City Council Beaumont Civic Center 550 E. 6th Street Beaumont, CA September 10, 2010 BIH Riverside County Chapter Building Industry Association of Southern California 3891 11th Street Riverside, California 92501 (951)781-7310 Fax(951)781-0509 Mayor De Forge and Council, In accordance with discussions with City staff, I hereby request that the matter of the Beaumont Proposed Recycled Water Facility Fee be put in abeyance until at least your first meeting in December, 2010. The reason for this request is to allow discussions underway between City staff, the BIA, Pardee Homes and the Beaumont Cherry Valley Water District ("BCVWD") to continue. These discussions are a cooperative effort to explore and arrive at solutions to several issues relating the City's waste discharge permits, the production, distribution and use of recycled water, and the availability of water for current and future users of water in the City of Beaumont. All of the parties in these discussions have as goals the maximization of water resources, the most efficient use of existing and planned recycled water infrastructure, elimination of duplicate facilities and cost containment and cooperative efforts to implement maximum benefit requirements for the Beaumont Management Zone. I trust that you share these goals and hope you will approve this request to allow us to explore solutions that will benefit us all. Sincerely, Building Industry Association of Southern California Riverside County Chapter lLr,�k.L� Mark Knorringa Chief Executive Officer An Alfdite of the National Association of Home Builders sed the Cslifomia Huildinn Industry Association Future 1. an Timoteo 3. 0 2.000 4.000 Produced for: 6,000 Peet Meters 500 1,000 1,500 2.000 City of Beaumont San Timoteo Management Zone Water Quality Mitigation Project Figure 1 Produced by: WILDERMUTHV armr NV,ARNMf NrAl ifr'i Vrvr4r vddermuthenv,ronmertat com Existing Extraction Well Proposed Extraction Well Proposed 6" - 12" Groundwater Pipeline (30.650 ft) Proposed 18" Recycled Water Pipeline (12,250 ft) Proposed 24" Conveyance Pipeline (10.300 ft) Alternate 8" Conveyance Pipeline (3.600 ft) •. Storage Reservoir and Pump Station Discharge Point RWQCB Management Zone Boundary City of Beaumont Service Area Proposed Recharge Area - City of Beaumont WWTP CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Funds: Recycled Water Facility Fee Project Name: Recycled Water Facilities Contract Date: TBD and per existing agreements. Contractors: TBD and per existing agreements. Const. Budget: 24,540,315.00 Subcontractors: As per approved CIP. A&E Budget: $3,250,000.00 Work Completed During Report Period: Obtained amended Prepared master plan, fee study and ordinance. Project Start Date: July 2009 Report Period: August 2010 waste discharge permit from the Regional Board. Problems or Delays During Report Period: No problems of delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Continue the item and direct staff to work with the BIA and water district on joint implementation of maximum benefit obligations. Author'zed by:1,-g1-1/ j _ / / Mayor's Signature Date of City Council Approval cyc eGkOc,Afe IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 23726 Notice Beaumont City Council - Ordinance No, 972 - Fee for Recycled Water Facilities STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 08/06 all in the year 2010. I certify (or declare) under penalty of per- jury hat the foregoing is true and correct. signature Date 08/06/10 at Riverside, California. This space for County Clerk's Filing Stamp IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 23726 Notice Beaumont City Council - Ordinance No. 972 - Fee for Recycled Water Facilities STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 08/06 all in the year 2010. I certify (or declare) under penalty of per- jurythat the foregoing is true and correct. signature Date 08/06/10 at Riverside, California. This space for County Clerk's Filing Stamp CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Funds: Recycled Water Facility Fee Project Name: Recycled Water System Contract Date: TBD and per existing agreements. Contractors: TBD and per existing agreements. Const. Budget: 24,540,315.00 Subcontractors: As per approved CIP. A&E Budget: $3,250,000.00 Project Start Date: Jan 2010 Report Period: February 2011 Work Completed During Report Period: Obtained amended waste discharge permit from the Regional Board. Prepared master plan, fee study and ordinance. Problems or Delays During Report Period: No problems of delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Authorize the City Manager to implement the ordinance and direct the financing, design and permitting of the recycled water facilities. Au zed by: jegc,Z/ Mayor's Signature Date of City Council Approval IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 23726 Notice Beaumont City Council - Ordinance No. 972 - Fee for Recycled Water Facilities STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 08/06 all in the year 2010. I certify (or declare) under penalty of per- jury that t a e foregoing is true and correct. signature Date 08/06/10 at Riverside, California. his space for County Clerk's Filing Stamp LEGAL NOTICE NOTICE IS HEREBY • GIVEN, that the Beaumont City Gemini conducted public hearing on Tuesday,, August 17, 2010 In' the room 5 at the BearMiont Civic Center, 550 E. eth Street,-d(for- n18 ; testi- mony and carnnia+ts ice" all interested persons re- garding the:adeptlon of he following matter(s): Or ante No. 972 AN CADINANCE OFTHE CITY COUNCIL OF,. THEim crrY OF B. CALIFORNIA REOU1lG PAYMENTFEES EV MENT IMPACT FEES.FOR RECYCLED WATER FA CILITIES_,< APPOINTING TIME AND ; PLACE OF A PUBLIC MEETING . AND OF A .PUBLIC HEARING AND. DIRECTING NOTICE THEREOF, DESCRIBING PROPOSED_ BOUNDA- RES OF BENEFIT AREA It is thepurpose and intent of this Ordinance to establ h a development Impact miti- gation fee of $1.389.55 for each (near home and equivalent . commercial unit built or connecting to., the sanitary sewer system in. the City 01Beaumont. The tee will be used to mitigate the impacts of future devel- opment -MV the CIty's recy- cled Date: ust 3, 2010 Shelby DeeelTalY Clerk Publish The Record Gazette No. 23728 08/06, 2010 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 973 - 24239 State of California County of Riverside ) SS. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the Engli h !angtlage in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: August 13, 2010 Executed on: 08/13/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council will conduct public hearings with respect to the matter described below. The Planning Commission's public hearing will be held on Tuesday, September 14, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223. The City Council's public hearing on this matter will be held at 6:00 p.m. on October 21, 2010 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California to receive testimony and commei ;s from a; interested persons regarding the adoption of the following matter(s): Annexation 10-ANX-04, Prezone 10 -PZ -03 (Ordinance No. 973), General Plan Amendment 10 -GPA -01 and Mitigated Negative Dedaration No. 10 -ND -06, consideration of a request to annex the Beaumont School District Sports Stadium Site which is currently under construction. This project includes pre zoning the site PF (Public Facilities). The Project is located at 38900 Brookside Avenue. (APN 405-240-003 & 004) The total lot size is approximately 38.25 acres. Ordinance No. 973 An Uncodified Ordinance of the City Council of the City of Beaumont, California to Pre -zone a 3825 acre site of land to PF (Pudic Facilities). (10 -PZ -03) The adoption of a Mitigated Negative Declaration pursuant to the California Environmental Quality Act will be considered, based upon the proposed finding that the project will not have a significant impact upon the environment. The applicant for this project is Beaumont Unified School District. Date: August 10, 2010 Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 24239 08/13, 2010 ORDINANCE NO. 973 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO PRE-ZONE 38.25 ACRES OF LAND FROM COUNTY OF RIVERSIDE W-2 (CONTROED DEVELOPMENT) TO 10I Y OF BEAUMONT P-F (PUBLIC T WHEREAS, the Beaumont Unified School District has requested that the City of Beaumont initiate the annexation of a 38 acre unincorporated area pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and said Act requires that properties which are to be annexed to a City shall be pre-zoned prior to annexation; and WHEREAS, the current zoning designation of the subject site under the administration of Riverside County is W-2 (Controlled Development) and, prior to the initiation of the construction of a sports stadium the site was vacant; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on September 14, 2010, and the City Council on November 16, 2010 and the Planning Commission, at its public hearing, recommended that the City Council approve the proposed pre-zoning. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: Section 1 — The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property legally described in attached Exhibit "A" for the following zoning designation: P-F (Public Facilities) Section 2 — This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property legally described in attached Exhibit "A" for the following zoning designation: Section 3 — The City Council certifies that an initial study was prepared for project pursuant to the provisions and requirements of the California Environmental Quality Act and the City Council hereby adopts Negative Declaration No. 10-ND-06, based upon the finding that the project will not have an adverse impact of the environment. MOVED, PASSED AND APPROVED this 16th day of November, 2010 by the following vote: AYES: Mayor Pro Tem De Forge, Council Members Fox, Gall, and St.Martin NOES: None ABSTAIN: Mayor De Forge ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010 by the following vote: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin None None None AYES: NOES: ABSTAIN: ABSENT: ATTEST: Deputy City Cler Mayor De Forge AdManagerPro - Mediaspan Media Software ADTAKING Find Reminders New... Ad... OTHER Graphics Library Logout LEGAL ADS CITY OF BEAUMONT/LEGALS 550 EAST 6TH STREET BEAUMONT, CA 92223 Customer #00002451 , Class Liner Order #00034752 http: //74.100.228.218:8090/AMPWeb/OrderPrice.do;j sessioni ... Summary Save 1. Cancel j Customer Show: 4 Summary Ad Cost Preview Cost 65.63 Adjustments 0.00 Tax 0.00 Net 65.63 Payments 0.00 Amount Due 65.63 User -Defined Cost User -Defined Cost ..,.0.00... Receipts and Job Tickets Doe,nioae ':.)ov,izioau Job 'ticket To Name LEGAL ADS To Address EMail Receipt RECORD GAZETTE P.O. BOX 727 BANNING, CA 92220 Copyright 0) 2009 MediaSpan Media Software, rhts reserved. Legal ,Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday. November 16, 2010 at ap- proximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92203, to receive testi- mony and comments from all interested persors re- garding the adoption of the following matter(s). Ordi- nance No. 973 An Uncadi- tied Ordinance of the City Council of the City of Eeau- mait, California adopting a zone change to pre -zone 3825 Acres of land from County of Riverside W-2 (Controlled Development) to City of Eeaumont P -F (Public Facilities) (,Annexa lion No. 10-ANX-04) The adaption of a Mitigated Negative Declaration pursu- ant to the California Envi- ronmental Quality Act will be considered, baled upon the proposed finding that the project will not have a significant impact upon the environment. The applica- tion for this project is Beau- mont Unified Scholl Dis- trict. The second reading was held on December 7, 2010 and was adopted by the following vote: AYES: Manor De Fora, Council Members Berg, Fox, Gall and St.Martin h1OES: N ane ABSTAIN: Nore ABSENT: None Date: December 9, 2010 Kyle 'Warsinski Community Development Analyst Publish The Record Gazette No. 34752 12117, 3010 40L119 Charlene Hunter ORDINANCE NO. 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 9.03.155 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "SPECIAL EVENTS RECYCLING" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 9.03.155, entitled "Special Events Recycling", is hereby added to Title 9 of the Beaumont Municipal Code to read as follows: "Section 9.03.155 Special Events Recycling. The applicant shall provide recycling receptacles throughout the event venue, and shall comply with the following additional requirements: A. The number of recycling receptacles shall equal the number of solid waste receptacles; B. The solid waste and recycling receptacles shall be placed next to one another throughout the event venue; C. The types of recyclable materials suitable for deposit into each recycling receptacles shall include, at a minimum, aluminum and metal cans, and glass and plastic bottles and jars; D. Each recycling receptacle shall be clearly identified as a recycling receptacle and shall display a list of the types of recyclable materials which may be deposited therein; and E. The applicant shall ensure that the recyclable materials deposited into the recycling receptacles are delivered to the appropriate recycling facility. The recycling facility may be located at a landfill, but recyclable materials shall not be delivered to a landfill for disposal." Section 2: This Ordinance shall take effect as provided by law. 1 MOVED AND PASSED upon first reading this 21st day of September , 2010, by the following roll call vote: AYES: Mayor De Forge, Council Member Berg, Fox, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of October reading by the following roll call vote: AYES: Mayor De Forge, Council Member Berg, NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: Deputy City Cle Gall and , 2010, upon second St. Matt ini:-_ .` __ CITY OF BEAUMONT By BRIAN DEFO CERTIFICATION ayor The foregoing is certified to be a true copy of Ordinance No. 974 at a regular meeting of the City Council of the City of Beaumont held on 10/5 2010, and was duly adopted upon a second reading on votes indicated therein. (SEAL) CITY OF BEAUMONT By duly introduced 9/21 , 2010, by the roll call SHELBY HA j EY, Deputy C Clerk 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) SUMMARY OF ORDINANCE -26452 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 10, 2010 Executed on: 09/10/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, September 21, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 971 - An Ordinance of the City Council of the City of Beaumont, Califomia Amending Section 17.04.080 of the Beaumont Municipal Code Entitled "Regulating Enclosures for Solid Waste and Recycling Materials" Ordinance No. 974 - An Ordinance of the City Council of the City of Beaumont, Califomia adding Section 9.03.155 to the Beaumont Municipal Code Entitled "Special Events Recycling Ordinance No. 975 - An Ordinance of the City Council of the City of Beaumont, Califomia Adding Chapter 8.13 to the Beaumont Municipal Code Entitled "Mandatory Recycling of Construction and Demolition Waste" Ordinance No. 976 - An Ordinance of the City Council of the City of Beaumont Adding Chapter 8.14 to the Beaumont Municipal Code Entitled "Mandatory Recycling Requirements for Commercial Facilities" The purpose of these amendments is to update the Municipal Code amending Title 17.04.080 "Regulating Enclosures for Solid Waste and Recycled Materials"; adding Title 9.03.155 "Special Events Recycling"; adding Title 8.13 "Mandatory Recycling of Construction and Demolition Waste"; and adding Title 8.14 "Mandatory Recycling Requirements for Commercial Facilities" in order to comply with state law requiring the City to divert, from landfills, a significant percentage of solid waste that may otherwise be recycled. Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 26452 09/10, 2010 ORDINANCE NO. 975 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAP I ER 8.13 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "MANDATORY RECYCLING OF CONSTRUCTION AND DEMOLITION WASTE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.13, entitled "Mandatory Recycling of Construction and Demolition Waste", is hereby added to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of September , 2010, by the following roll call vote: AYES: Mayor DeForge, Council Members Berg, Fox, Gall and St. Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of October , 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: Deputy City Cler CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 975 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 9/21/10 2010, and was duly adopted upon a second reading on 1/ /5 , 2010, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) SHELBY HANV i' , Deputy 2 Clerk Exhibit "A" CHAPTER 8.13 MANDATORY RECYCLING OF CONSTRUCTION AND DEMOLITION WASTE Section: 813.010 Purpose 8.13.020 Mandatory Diversion and Recycling 8.13.030 Unlawful Acts 8.13.040 Inclusion of Recycling Receptacles in Building Design 8.13.050 Waiver of Parking Requirement for Existing Development 8.13.060 On -Site WMP Practices 8.13.070 Mandatory WMP Reports 8.13.080 Definitions 8.13.090 Violations Section 8.13.010 Purpose. State law requires the City to divert, from landfills, a significant percentage of solid waste that may otherwise be recycled. Waste from construction sites and from the demolition of buildings is a significant percentage of the total volume of trash deposited in landfills, but much of that waste is suitable for recycling. Section 8.13.020 Mandatory Diversion and Recycling. All demolition and construction waste that is designated herein as recyclable and/or reusable shall be diverted from disposal in a landfill and shall be recycled, except as otherwise exempted below. Section 8.13.030 Unlawful Acts. It is unlawful for any person to fail to comply with any provision or requirement of this Chapter. Section 8.13.040 Mandatory Waste Management Plan. Before commencement of any non-exempt construction or demolition project, the contractor shall prepare and submit to the City Building Official a properly completed "Waste Management Plan" (WMP), in form prescribed by the Building Official, as part of the construction or demolition permit process. The WMP shall contain the following information: A. The estimated volume or weight (not both) of project waste to be generated, by material type; B. The maximum volume or weight (not both), by material type, that can be diverted to reuse and/or recycling; C. Whether materials will be sorted on-site or mixed and commingled for transport to a diversion facility; D. The identity of the waste hauler; E. The facility to which the waste will be hauled to; 1 F. The estimated volume or weight (not both) of the non -reusable and/or non - recyclable materials that is proposed to be disposed of in a landfill; and G. Construction methods that will be employed to reduce amount of waste generated. Under no circumstances shall less than 50% of all waste generated by the construction or demolition project be diverted for reuse and/or recycling, unless the contractor is granted an exemption as provided herein. In the event less than 50% of the material is proposed to be reused or recycled and the contractor does not qualify for an exemption, the WMP shall be denied by the Building Official. Section 8.13.050 WMP Exemptions. A WMP shall not be required for the following construction projects: A. New residential construction consisting of one single-family detached dwelling unit; B. Remodeling of a single-family dwelling; C. Roofing projects that do not include tearing off the existing roof; D. Work for which only plumbing, electrical or mechanical permits are required; E. Seismic tie -down project; F. Installation of a pre -fabricated patio enclosure and/or cover requiring no foundation or structural building modifications; G. Construction of a swimming pool and/or spa for a single-family detached dwelling unit. Section 8.13.060 On -Site WMP Practices. To the maximum extent feasible, recyclable and non -recyclable construction and demolition waste, by type, shall be separated on-site. The contractor shall record the actual tonnage of both recyclable and non -recyclable materials. Section 8.13.070 Mandatory WMP Reports. A. Accuracy: To the maximum extent possible, demolition debris shall be weighed. If weighing is not practical, a volumetric measurement shall be recorded and a standardized conversion of the volumetric measurement to weight shall be applied, such standard approved by the City for this purpose. B. Mandatory Reports: Within 30 days following the completion of demolition, and again within 30 days following completion of construction, the contractor shall, as a condition of final inspection and issuance of a certificate of occupancy, submit documentation to the Building Official that proves compliance with this Chapter. The 2 documentation shall consist of a report of waste tonnage by type, supported by originals or certified copies of receipts and weight tags or other records of measurement from recycling haulers, recycling companies, demolition contractors, and landfill and disposal companies. Such receipts and weight tags shall reflect whether the materials were recycled, reused, salvaged or disposed of in a landfill. The contractor shall ensure that the reports and supporting documentation use the most accurate method of measurement available. Section 8.13.080 Definitions. The following words shall have the meaning indicated when used in this Chapter: A. "Contractor" means any person or entity holding, or required to hold, a contractor's license of any type issued by the State of California, or who performs (whether as a contractor, subcontractor or owner -builder) any construction, demolition, remodeling or landscaping in the City of Beaumont. B. "Construction" means and includes all building, landscaping, remodeling, additions, tenant improvements, street improvements and the removal, destruction and replacement of the same. C. "Demolition and Construction Waste" means and includes materials that are not water soluble or hazardous in nature including, but not limited to, metal, glass, plastic, wood, cardboard and paper, concrete, asphalt, gypsum and wallboard. "Demolition and Construction Waste" also includes appliances and plumbing fixtures, and landscaping materials including, without limitation, rock, soil, trees, plants and other vegetative material. Section 8.13.090 Violations. Any person who willfully fails to comply with the requirements of this Chapter or any provision thereunder, or who falsifies any information on any application or report hereunder shall constitute an infraction which shall be subject to a fine of $100.00 for the first offense, $200.00 for the second violation within a one-year period and $500.00 for a third or subsequent violation within a one-year period. Such person shall also be subject to the additional administrative fines and penalties provided for in Chapter 1.17 of this Code. 3 WASTE MANAGEMENT PLAN ACKNOWLEDGEMENT OF COMPLIANCE BY SUBCONTRACTORS Applicant's Name: Applicant's Address: Applicant's Telephone: Project Name: Project Address: Waste Hauling Company Name: Waste Hauling Company Address: Waste Hauling Company Telephone: The undersigned foreman for each subcontractor listed below certifies, by signing this form, that he/she has read the Waste Management Plan for this Project and understands the goals of the Plan and agrees to comply with it. Name of Subcontractor, Address & Phone No. Name of Foreman Signature of Foreman Date Signed CONSTRUCTION/DEMOLITION WASTE MANAGEMENT PLAN Applicant's Name: Applicant's Address: Applicant's Telephone: Project Name: Project Address: Project Activity: Demolition Construction (Do NOT check both boxes; a separate Waste Management Plan must filed for each activity) Waste Material Type Est. Total Volume (or Weight, but not both) of Project Waste by Type Est. Volume (or Weight, but not both) That Will be Diverted to Reuse/Recycling Est. Volume (or Weight, but not both) to be Disposed of in Landfill Check One Sorted on Site Commingled & Sorted Off Site Asphalt Concrete Shotcrete Metals Wood Rigid Insulation Fiberglass Insulation Acoustic Ceiling Tile Gypsum Drywall Carpet/Carpet Pad Plastic Pipe 8/10/10 1 Plastic Buckets Plastic Hardiplank Siding/Boards Glass Cardboard Pallets Job Office Trash, Paper, Glass and Plastic Bottles, Cans Batteries, Toner Cartridges and Electronic Devices Other Other Other Other CERTIFICATION OF COMPLIANCE BY APPLICANT I hereby certify that: 1. All subcontractors shall comply with this Waste Management Plan and shall sign the Waste Management Plan Acknowledgment Form. 2. Subcontractors who fail to comply with the Waste Management Plan shall be subject to back charges or withholding of payment, as deemed appropriate. 3. This project shall generate the least amount of waste possible by planning and ordering carefully. The majority of the waste that is generated on this jobsite shall be diverted from the landfill and recycled for other use. The Project's overall rate of waste diversion will be %. [Note: not less than 50%) 4. Excess materials that are salvageable will be offered to the owner, site workers and/or donated to charity, if feasible. 5. To the maximum extent feasible, separate hauling containers shall be placed at the site to avoid commingling of waste materials to ensure the highest waste diversion rate possible. 2 6. The Applicant will not/ will self -haul utilizing the following waste hauling company: Name of Hauling Company: Address of Hauling Company: Telephone: 7. Describe construction methods that will be employed to reduce the amount of waste generated: Applicant will submit, within 30 days following completion of this activity, documentation to the City of Beaumont Building Official that demonstrates compliance with this Waste Management Plan, supported by originals or certified copies of receipts and weight tags or other records of measurement reflecting whether the materials were recycled, reused, salvages or disposed of in a landfill. Dated: Applicant's Signature Print Name and Title 3 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) SUMMARY OF ORDINANCE -26452 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit September 10, 2010 Executed on: 09/10/2010 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council with conduct a pudic hearing on Tuesday, September 21, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Catifomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 971 -An Ordinance of the City Council of the City of Beaumont, California Amending Sedan 17.04.080 of the Beaumont Municipal Code Entitled 'Regulating Enclosures for Solid Waste and Recycting Mater' Ordinance No. 974 - An Ordinance of the City Counctl of the City of Beaumont, California addng Section 9.03.155 to the Beaumont Municipal Code Entitled 'Special Events Recydng Ordinance No. 975 - An Ordinance of the City Council of the City of Beaumont, California Adding Chapter 8.13 to the Beaumont Municipal Code Entitled 'Mandatory Recycling of Constudfon and Demolition Waste' Ordinance No. 976 - An Ordinance of the City Coated of the City of Beaumont Adding Chapter 8.14 to the Beaumont Municipal Code Entitled "Mandatory Recycling Requirements for Commercial Fealties' The purpose of these amendments is to update the Municipal Code amending Title 17.04.080 'Regulating Enclosures for Solid Waste and Recycled Materials'; adding Title 9.03.155 'Special Events Recycling"; adding Title 8.13 'Mandatory Recycling of Construction and Demolition Waste'; and adding Tilte 8.14 'Mandatory Recycling Requirements for Commercial Facilities' in order to comply with state taw requiring the City to divert, from landfills, a significant percentage of sold waste that may otherwise be recycled. Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 26452 09110, 2010 ORDINANCE NO. 976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAP I'ER 8.14 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "MANDATORY RECYCLING REQUIREMENTS FOR COMMERCIAL FACILITIES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.14, entitled "Mandatory Recycling Requirements for Commercial Facilities", is hereby added to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of September , 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of October , 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Member Berg, Gall, and St. MArtin NOES: None ABSTAIN: None ABSENT: Council Member Fox CITY OF BEAUMONT By 1 Exhibit "A" CHAPTER 8.14 MANDATORY RECYCLING REQUIREMENTS FOR COMMERCIAL FACILITIES Section: 8.14.010 Purpose 8.14.020 Definitions 8.14.030 Recycling Requirements for Commercial Facilities Section 8.14.010 Purpose. The purpose of this Chapter is to establish requirements for the recycling of recyclable materials generated from commercial facilities. These requirements are intended to increase the diversion of recyclable materials from landfills, conserve capacity and extend the useful life of landfills utilized by the City, reduce greenhouse gas emissions, and avoid the potential financial and other consequences to the City of failing to meet State law diversion requirements. Section 8.14.020 Definitions. A. "Commercial facilities" means any facilities that are not solely residential in nature, and include mixed-use residential facilities, and retail, commercial and industrial facilities. "Commercial facilities" includes City buildings. B. "Recyclable materials" means plastic bottles and jars, glass containers, paper, newspaper, metal, cardboard, wood, wood pallets, and food waste. Section 8.14.030 Recycling Requirements for Commercial Facilities. A. Owners, landlords, tenants and occupants of commercial facilities, jointly or severally, shall recycle recyclable materials by depositing the same in recycling containers provided by the City's designated recyclable materials waste hauler. B. Occupants of commercial facilities shall designate, for the convenience and use of occupants' employees and independent contractors, recycling collection and storage areas and shall place appropriate signs in and in the proximity of such areas. C. Occupants of commercial facilities shall ensure that their employees and independent contractors are educated about recycling services available at the site. Information, including the types of recyclable materials accepted, the location of recycling containers, and the employees' responsibility to recycle shall be distributed periodically, and all new employees when hired, and independent contractors when retained, shall also be given such information and instruction. All employees and independent contractors shall also be given appropriate information and instructions concerning any change in recycling services to the commercial facility. 1 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) SUMMARY OF ORDINANCE -26452 State of California County of Riverside ) SS. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal derk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 10, 2010 Executed on: 09/10/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a pudic hearing on Tuesday, September 21, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from atl interested persons regarding the adoption of the following matter(s): Ordinance No. 971 - An Ordinance of the City Council of the City of Beaumont, California Amending Section 17.04.080 of the Beaumont Municipal Code Entitled "Regulating Enclosures for Solid Waste and Recycling Materials' Ordinance No. 974 -An Ordinance of the City Counctl of the City of Beaumont, nt, California adding Section 9.03.155 to the Beaumont Municipal Code Entitled 'Special Events Recycling Ordinance No. 975 - An Ordinance of the City Council of the City of Beaumont, Catilomia Adding Chapter 8.13 to the Beaumont Municipal Code Entitled °Mandatory Recycling of Construction and Demolition Wase Ordinance No. 976 -An Ordinance of the City Corardl of the City of BeaumontAdctng Chapter 8.14 to the Beaumont Municipal Code Entitled "Mandatory Recycling Requirements for Commercial Facilities' The purpose of these amendments is to update the Municipal Code amending Title 17.04.080 'Regulating Enclosures for Solid Waste and Recycled Materials'; adding Title 9.03.155 'Special Events Recycling'; adding Title 8.13 "Mandatory Recycling of Construction and Demolition waste°; and adding Title 8.14' Mandatory Recycling Requirements for Commercial Facilites' in order to comply with state law requiring the City to divert, from landfills, a significant percentage of solid waste that may otherwise be recycled. Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 26452 09110, 2010 ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.14 "DEFINITIONS" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.14, entitled "Definitions", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St.Martin. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council MEmber Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None ATTE Deputy City Cler CITY OF BEAUMONT 1 Brian De Forge, ►mayor Exhibit "A" Chapter 17.14 Definitions 17.14.010 Introduction. This list of terms is designed to clarify the Zoning Ordinance's intent as it relates to land uses and development requirements. The word "shall" indicates a mandatory requirement, except when used in connection with an action or decision of the City Council or any City commission, board, or official. In these latter instances, the word "shall" shall be directory only. For general terminology used throughout this ordinance, the definitions used in the Uniform Building Code or accepted dictionaries of the English language, shall apply. 17.14.020 General Grammatical Interpretation._Words, terms, and phrases used in this Title 17 shall have the meanings usually ascribed to them, or as defined or used in state planning and zoning laws, or as defined in section 17.08.030 of this Zoning Ordinance. For the purposes of this Zoning Ordinance, unless the context clearly indicates otherwise, certain terms used in herein are defined as follows: A. Words in the present tense include the future; B. Words in the singular number include the plural; C. Words in the plural number include the singular; D. The terms "shall" and "will" and "must" are mandatory; E. The term "his" is gender neutral and means his or her; The word "shall" is mandatory; the word "may" is permissive. The present tense includes the future, the future includes the present. The singular number includes the plural, the plural includes the singular. 17.14.030 Definitions (A through Z) A Above-ground/on-ground pool (see swimming pool) Abut or Abutting The same as meaning adjoining. Access The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code. Accessory Use A use incidental to, related, and clearly subordinate to the principal use established on the same lot or parcel of land where such accessory use is located. Adjacent Two (2) or more lots or parcels of land separated by an alley, street, highway or recorded easement, or two (2) or more objects located near or in close proximity to each other. Adjoining Two (2) or more Tots or parcels of land sharing a common boundary line, or two (2) or more objects in physical contact with each other. Affordable Unit Refers to a housing development project in which eighty (80) percent of the units shall be designated for very low-income households and twenty (20) percent reserved for low-income households as those terms are defined in the Health and Safety Code. Alley A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties. Amendment A change in the wording, context, content, or substance of this Zoning Code or in the Zoning Map. Such changes must be adopted by ordinance by the City Council in the manner prescribed by law. Amusement Arcade Any place open to the public where five (5) or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade. Amusement Game Any entertainment device for which a fee is paid to play, including, but not limited to, pinball, video or other electronic games. Animal Hospital Shall mean a place where anima s or pets are given medical or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital use. Animals-Retail Sales The retail sales of small animals (such as dogs, cats, birds, and fish), provided such activities take place within an entirely enclosed building. Antique Shop An establishment primarily engaged in the sale of antiques. Apartment House A building, or a portion of a building, designed or used for occupancy by three (3) or more households living independently of each other and containing three (3) or more individual dwelling units within a single structure. Apartment Unit A room or suite of two (2) or more rooms with a single kitchen in a multiple-family dwelling, suitable for occupancy as a dwelling unit for one household. Arcade (see amusement arcade) Artists' Studio a building containing work space and retail sales space for artists and artisans producing individual one-of-a-kind works of art, including individuals practicing a fine art, or skilled in an applied art or craft, provided that the use does not impact any other use or property with noise, odor, dust, vibration, or other nuisance. This classification includes, but is not limited to, painter's studios, ceramic studios, and custom jewelry studios. Assessor The Assessor of the County of Riverside. Automobile Wrecking A business establishment engaged in the dismantling and/or wrecking of automobiles. or Automobile Dismantling Used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts. Automobile Service Station An establishment providing gasoline oil and other additives, and/or performing minor repairs and other customary services for automobiles and Tight vehicles, but excluding painting, body work steam cleaning, and major repairs. Advertising Structure A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill, Awning Either a fabric covered appendage or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building. B Balcony A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side. Balcony, Unenclosed A balcony open to the sky and not fully enclosed on more than two (2) sides. Balloon A floating air-filled or gas-filled object tethered to a fixed location (also see sign, balloon). Banks and Savings A state- or federally -chartered financial institution that provides retail banking Barrier A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. Bars and Cocktail Lounges Establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use. Basement That portion of a building located between the ground level or first floor of a structure. Billiard Parlor An establishment that provides five (5) or more billiard and/or pool tables. Boarding A residence or dwelling, other than a hotel, wherein three (3) or more rooms are rented under three (3) or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Building Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind. Building; Accessory A detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land. Building, Height The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Ordinance. Building, Main A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any residential unit shall be deemed to be a main building upon the lot or parcel of land on which it is situated. Building Material Sales An establishment engaged in retailing or wholesaling of building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes businesses engaged in the retail sales of paint and hardware, building contractor's yards, and activities classified under "Equipment Leasing and Rentals." Building Site The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Ordinance. Building Wall The vertical surface, or any element thereof, including any structural member or group of structural members attached the vertical surface, that defines the exterior boundaries of a building. Business and Trade School An establishment which provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the applicable zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school. C Cabana A structure containing not more than 700 square feet, not containing a kitchen. Camp, Day A facility with an organized daytime program involving the supervision and care of children. Canopy Has the same meaning as "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building. Carport A permanently -roofed structure with no more than two (2) enclosed sides, used or intended to be used for automobile shelter and storage. Cellar (see basement) Center -line The center -line of any street, as established by the City Engineer by official surveys, and on file in the office of the City Engineer. Check Cashing A business that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state- or federally- chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business. Church A facility used for religious worship and incidental religious education and/or activities, but not including private schools as defined in this section of the Zoning Code. Child Care Center A facility that provides non-medical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. "Child care center" includes day care centers and family day care homes. City Refers to the City of Beaumont. Club, Private Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. This definition does not include "Adult" business establishments. Clubs and Lodges A private or nonprofit organization providing meeting, recreational, or social facilities primarily for use by members and/or guests. Commercial Printing A business providing printing, blueprinting, photocopying, engraving, binding, or related services. Commercial Vehicle A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property. Commission Refers to the Planning Commission of the City of Beaumont. Communications Facilities An establishment engaged in broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, telephone switching centers, and telegraph offices. Communications Facilities, Wireless An unstaffed facility used for the transmission or reception of wireless telecommunication services, commonly consisting of an antenna array, connection cables, a support structure, and ancillary support facilities. Community Center A building, buildings, or portions thereof used for recreational, social, educational, and cultural activities where buildings and associated improvements are owned and/or operated by a public, nonprofit, or public serving group or agency. Condominium An undivided interest in common in a portion of real property coupled with a separate interest in space called a "unit," the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The description of the unit may refer to: a) boundaries described in the recorded final map, parcel map, or condominium plan, b) physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, c) an entire structure containing one or more units, or d) any combination thereof. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. This term shall also include stock-cooperative developments. Condominium Project A common interest development consisting of condominiums. Convalescent Facilities A business establishment engaged in providing care on twenty- four (24) hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. Convalescent Home A home or establishment offering or providing lodging, meals, nursing, dietary, or other personal services to five (5) or more convalescents, invalids, or aged persons, but shall not include surgery or the care of persons with contagious or communicable diseases. Conversion (Condominium) A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing, as defined in this section, to a condominium, community apartment, planned development, stock cooperative, or common interest development. County Refers to the County of Riverside. Court An open, unoccupied space, bounded on two (2) or more sides by the walls of a building. "Inner court" is a court entirely enclosed within the exterior walls of a building. All other courts are referred to as outer courts. Coverage The percentage of total site area covered by structures, open or enclosed, excluding the following uncovered structures: steps, courts, patios, terraces, and swimming pools. D Dairy Means any premises where three (3) or more cows, three (3) or more goats or one (1) or more cows and two (2) or more goats, or two (2) or more cows and one (1) or more goats are kept, milked, or maintained. Daycare Center, Adult A state -licensed facility designed to provide necessary care and supervision to persons eighteen (18) years of age or older on less than a twenty-four (24) -hour basis. Adult day care centers include the various types of adult day services as defined under state law that include "adult day care facilities," "adult social day care facilities," and "adult day health care facilities." Day Care Center. Children A state -licensed facility, other than a family day care home, providing non-medical care and supervision to children under eighteen (18) years of age on Tess than a twenty-four (24) -hour basis. Child day care centers shall include "day care centers" as defined under state law, which include infant centers, preschools, and extended day care facilities. Deck A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls. Director and Director of Planning and Planning Director Refers to the Community Development Director or his or her designee. Drive-in Restaurant Any building or structure in which food and drink are prepared for service to customers outside of such building or structure, even though the same is served to customers inside said building or structure or to customers occupying vehicles outside such structure, and shall include self-service restaurants for take- out food. Drive-thru (see establishment with drive -up service) Driveway An appropriately paved and privately -owned surface or road that provides access to off-street parking or loading facilities. Dump An area devoted to the disposal of combustible or non-combustible refuse. Duplex A structure consisting of two (2) dwelling units. Dwelling or Dwelling Unit An attached or detached building containing one or more rooms wherein the occupants of each dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Dwelling, Multiple Family Residential One or more buildings located on a lot containing a total of two (2) or more dwellings within a structure. Dwelling, Single -Family An attached or detached building not to contain more than one kitchen wherein the occupants of the Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Dwelling, Tri-plex A building designed for occupancy by three families living independently of each other and containing three dwelling units under one common roof. Dwelling, Two-family or duplex An attached or detached building containing two Dwelling Units wherein the occupants of each Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. E Establishment with Drive -up Service A business or institution providing services accessible to persons who remain in their automobiles. F Family One or more persons living together as a single housekeeping unit in a dwelling unit. A family includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries. Family Day Care home, Large A dwelling that regularly provides care, protection, and supervision for twelve (12) or fewer children under the age of ten (10), in the provider's own home, for periods of less than twenty-four (24) hours per day. Family Day care Home, Small A dwelling that regularly provides care, protection, and supervision for one (1) to six (6) children inclusive, including children under the age of ten (10). Fire arm Sales or Firearms Business An establishment having at least twenty-five (25%) percent of its gross floor area devoted to the sale of fire arms, ammunition and ammunition components, and hunting or shooting equipment. Floor Area, Gross The total horizontal area of all the floors of a building included within the surrounding walls, exclusive of vent shafts and courts. Floor Area, Net The total useable floor area within all floors of a building included within the surrounding walls. Floor Area Ratio The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located. Food and Beverage Sales A business establishment where the primary use involves the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery markets and delicatessens. This category does not include liquor stores. Food Manufacturing A business establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on-site, souvenirs, and ancillary tasting facilities for the public. Frontage The frontline of a site, separating the site from the street. G Garage, Parking Garage A structure with a common vehicular entrance and exit which is used by vehicles in parking spaces and which otherwise conforms to the requirements of this Zoning Code. Garage, Private A detached accessory building, or a portion of a main building on the same lot, enclosed on three (3) sides and with a door capable of enclosing the fourth side, for the parking or temporary storage of vehicles owned by the occupants of the premises. General Plan The General Plan of the City of Cudahy, consisting of the General Plan and Map, adopted by the City Council. Grade, Existing The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project. Grade, Finished The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project. Grade, Ground level the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building. Gradient The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance. Group Home (Unlicensed) or Unlicensed Group Home A single family dwelling unit with six or fewer occupants who are all (other than the house manager) considered disabled under state or federal law, but not licensed by the state. Guest House Refers to living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons permanently employed on the premises. Guest Room A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation. H Hazardous Waste Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) exhibit toxicity, corrosivity, flammability, and/or reactivity; b) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or, c) present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Hazardous Waste Facility. All contiguous land, structures, other appurtenances, and improvements within a property, used for handling, treating, storing, or disposing of hazardous wastes. Health and Physical Fitness Facility A private athletic clubs and gymnasiums including, but not limited to, weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities. Height (see building height) Home Occupation An occupational activity carried on by the occupant(s) of a residential dwelling as a secondary use in connection with which there is no display, no walk-in customers, no stock -in -trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes. Hospital A facility providing medical, surgical, psychiatric, and/or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. Hotel or Motel One (1) or more buildings containing guest rooms or dwelling units, with one (1) or more such rooms or units having a separate entrance leading directly from the outside of the building or from an interior court. Such facilities are designed to be used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to patrons by signs or other advertising media. This classification may contain public meeting rooms and eating, drinking, and banquet services associated with the facility. Hot Tub (see Swimming Pool) Household A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit. Household Pet A domesticated animal commonly maintained within a residence. Industrial Complex. Any group of three (3) or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least one hundred thousand (100,000) square feet of floor area. In -ground pool (see Swimming Pool) J Junk Yard The use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials K Kennel Any lot or premises on which four (4) or more dogs or cats at least four (4) months of age are boarded or trained. Kitchen A room in a building or dwelling unit that is used in the cooking or preparation of food. L Laboratory An establishment providing analytical or testing services, including, but not limited to, chemical labs, dental -medical labs, optical labs, and labs conducting mechanical, electrical, physical, or environmental tests, as well as research and development. Landscaping The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences. Liquor Store A business establishment having at least fifty (50) percent of its gross floor area used for the sale of alcoholic beverages intended for off-site consumption. Loading Space An off-street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress. Lodging House A residence or dwelling, other than a hotel, wherein lodging and meals are provided to four (4) or more persons for compensation, whether direct of indirect. In determining the number of persons lodging in a Lodging House, all residents shall be counted, including an owner, agent or manger. Lot Real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder as a part of an approved subdivision. shall mean (1) a parcel of real property when shown as a delineated parcel of land with a number of other designations on a plat recorded in the Office of the County Recorder of Riverside County; or (2) a parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the Office of the County Recorder of Riverside County; (3) a parcel of real property not delineated as in (1) or (2) above, and containing not less than the prescribed minimum square footage required in the zone in which it is located and which abuts at least one public street, and alley or a private easement determined by the Commission to be adequate for purposes of access from a street; (4) a parcel of land registered under Land Title Law (Torrens Title) and held under separate ownership from adjacent property on the effective date of this Ordinance. Lot, Area The total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land. Lot, Corner A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot. Lot, Cul-de-sac A lot fronting on, or with more than one-half (50%) of its lot frontage, on the turnaround end of a cul-de-sac street. Lot, Depth The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot, Interior A lot other than a corner or reverse corner lot. Lot, Key Any lot where the side property line abuts the rear property line of one or more lots, and where such lots are not separated by an alley or any public way. Lot Line Any line bounding a lot as defined in this section. Lot Line, Exterior A lot line abutting a street. Lot Line, Front On an interior lot, the front lot line of the property line abutting the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot, or a lot with three (3) or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the Zoning Administrator shall determine which property line shall be the front lot line for purposes of compliance with the setback provisions of this Zoning Code. Lot Line, Interior A lot line not abutting a street. Lot Line, Rear A lot line not abutting a street that is opposite and most distant from the front lot line. For triangular lots where there is no rear lot line, the rear lot line shall be defined as the point at which the side lot lines intersect. Lot Line, Side Any lot line that is not classified as a front lot line or rear lot line. Lot Line, Zero A lot line that does not have any side -yard setback. Lot, Reverse Corner A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear. Lot, Through A lot having frontage on two (2) parallel or approximately parallel streets. A through lot may have no rear lot line. Lot; Width The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance located midway between the front and rear lot lines. M Main building A building that is designed, and used for, or intended to be used, to accommodate the principal use on the lot. In residential zones, any dwelling shall be considered the main building on the lot. Maintenance and Repair Services An establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats, or ships. Mansard or Mansard Roof A roof having two (2) slopes on all sides with the lower slope steeper than the upper one. Manufactured Housing A mobile home, or manufactured housing unit, as defined by and installed in accordance with California Health and Safety Code Section 18008 and 18551, respectively, and factory -built housing as defined by California Health and Safety Code Section 19971. Medical Clinic Any facility providing physical or mental health service, and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. Activities included within this definition are health centers, health clinics, and doctors' offices. Mini -Warehouse A warehouse operation serving the public where customers rent or lease, or self -storage and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities. Mobile Home A movable or transportable vehicle, other than a motor vehicle, intended for occupancy for one family, and having no foundation other than jacks, piers, wheels or skirtings. All mobile homes located on lots must be a minimum of 450 square feet, with a minimum of 10 feet in width. All mobile homes must have a complete sanitary facilities, including a lavatory, flush type toilet, tub or shower, and kitchen sink, all connected to sewage outlets in conformity with state, county and health requirements. Mortuary An establishment providing services such as preparing the deceased for burial, and arranging and managing funerals and related services, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums. Motel One or more buildings containing more than five (5) completely furnished individual guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or an inner court. Such facilities are designed, used, or intended to be used, rented or hired out as temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients. Motels include auto courts, motor lodges, and tourist courts. N Nonconforming A building and/or improvement, or portion thereof, which does not conform improvement to current Zoning Code regulations. Nonconforming use, any use of land or property that was lawfully established and in effect at the lawful or legal time this Zoning Code or any amendment became effective, but no longer complies with all of the applicable regulations and standards of the zone in which the use is located. Nonconforming any structure or improvement that was lawfully established and in existence structure, lawful at the time this Zoning Code or any amendment became effective, but no or legal longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located. 0 Offices Administrative, clerical, or public contact offices of a government agency, government including postal facilities, together with incidental storage and maintenance of vehicles. Offices, Medical Offices or health facilities providing health services, including without limitation, preventative and rehabilitation treatment, diagnostic services, and testing and analysis, but excluding inpatient services and overnight accommodations. This classification includes without limitation offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to such offices. Offices, Professional Offices for firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes savings and loan associations, banks, and medical offices. Off-street Parking Facility A lot, or portion thereof, improved and used for the parking of vehicles, including, but not limited to, enclosed garages and parking structures, open parking areas, aisles, driveways, and appurtenant landscaped planters and their improvements. Open Space, Useable (Useable Open Space) Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six (6) feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five (5) feet. Enclosed recreation or multi-purpose activity rooms may be credited as "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback. For the R -MF zone, the following minimum usable open space is required for: 1. Each studio apartment, two hundred (200) square feet; 2. Each one -bedroom apartment, two hundred (200) square feet; 3. Each two-bedroom apartment, two hundred (200) square feet plus one hundred (100) square feet making a total of three hundred (300) square feet; 4. Each additional bedroom an additional one hundred (100) square feet. The computation of usable open space provided shall be as follows: 1. The following areas shall be computed at 1.25 times the area actually devoted to such use: a. Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five (5) feet in height; b. Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five (5) feet; and c. Swimming pool areas, including the hard surface deck, which normally surrounds such pools. Deck area more than twenty-five (25) feet from the edge of the pool will not be counted as open space under this recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like. 2. All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided. 3. No area will be considered as usable open space if it has any dimension Tess than six (6) feet except balconies. (Ord. 679 §1, 1989). Outdoor Advertising The use of signs or other measures soliciting public support or directing public attention to the sale, lease, hire, or use of any objects, products, services, or functions which are not produced, sold, or otherwise available on the premises where such signs are erected or maintained. Outdoor Living Space Either an open passive landscaped area specifically designed, improved, and maintained to enhance the architectural design, privacy, and general environmental quality of a residential development or an easily accessible public or private activity area specifically designed, improved, and maintained for outdoor living and/or recreation by occupants of the residential development. P Parcel A contiguous quantity of land owned by, or recorded as the property of, the same claimant or person. Parking Space A space within an off-street parking facility that has the minimum attributes of size, location, and design specified in Article 21 (Parking requirements) of this Zoning Code. Parks and Recreation Facilities Uses that include, but are not limited to, land and interests in land; swimming pools; tennis, volleyball and basketball courts; baseball grounds; play areas; turf; sprinkler systems; community center buildings; recreation buildings; and other works, properties, structures, and facilities necessary or convenient for public park, playground, or recreation purposes. Pawn Shop A business establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. Performance Art A public building used for theatrical performances, concerts, recitals, and facilities similar entertainment. This classification excludes commercial cinemas or theaters. Personal Convenience Service A business establishment providing recurrently -needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self-service Laundromats, and similar services. This classification excludes massage parlors, tattoo parlors, and/or skin piercing establishments. Personal Improvement Service A business establishment providing instructional services or facilities, including, but not limited to, photography, fine arts, crafts, dance or music studios, driving schools, modeling agencies, reducing salons, and health or physical fitness clubs. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services." Planned Unit Development The planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project. Plant Nursery A site used to raise trees, shrubs, flowers, and other plants for sale or for transplanting, and where all merchandise (other than plants) is kept within an enclosed building or fully -screened enclosure, and fertilizer of any type is stored and sold in package form only. Pre-existing In existence prior to the effective date o this Ordinance. Public Building A building owned and operated by a public agency for public use. Public Safety Facility A public facility providing public safety and emergency services, including police and fire protection, and associated support and training facilities. Public Utility Facility A building or structure used by any public utility including, but not limited to, any gas treatment plant, reservoir, tank, or other storage facility, water treatment plant, well, reservoir, tank or other storage facility, electric generating plant, distribution or transmission substation, telephone switching or other communications plant, earth station or other receiving or transmission facility, any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility. The term "public utility" shall include every gas, electrical, telephone and water corporation serving the public or any portion thereof for which a certificate of public convenience and necessity has been issued by the State Public Utility Commission. Q R Recreational Facility A publicly -owned and operated recreational structure or building, such as a tennis court, swimming pool, multi-purpose community building, or similar use. Recyclable Material A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re -manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Section 25250.11 and Section 25143.2(b)(4) of the State Health and Safety Code. Recycling Facility A center for the collection and/or processing of recyclable materials. "Certified recycling facility" or "certified processor" refers to a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Lifter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use, and used solely for the recycling of material generated by such residential property, business, or manufacturer. Recycling, Collection Facility A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase. Recycling, Processing Facility A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re -manufacturing. Rental Units A housing unit leased for the occupancy of a residential household. Residence One (1) or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations. Residential Care Facility, Licensed A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for children, elderly persons, or physically and mentally handicapped persons in a family-like environment. These facilities include the following: (a) An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in state of California Health and Safety Code section 1267.8; (b) A community care facility as identified in state of California Health and Safety Code section 1566.3; (c) A residential care facility for the elderly as identified in state of California Health and Safety Code section 1569.85; (d) An alcoholism or drug abuse recovery or treatment facility as identified in state of California Health and Safety Code section 11834.02; (e) A home for the care of mentally disordered or otherwise handicapped persons as identified in state of California Welfare and Institutions Code section 5116; (f) A home for the care of dependent and neglected children as identified in the state of California Welfare and Institutions Code section 300, but not including wards of the court as identified in the state of California Welfare and Institutions Code section 601ff. Rest Home (see convalescent home) Restaurant, Sit Down A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service utilizing no more than two (2) delivery vehicles. Restaurant, Fast-Food A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to customers from a serving counter in disposable containers or wrappers and where food and meals are generally prepared in advance for immediate sale, and which may include inside seating, drive-through service, delivery service, and take-out/carry-out service. Restaurant, Delivery A place where orders for food and beverages may be placed in person or by telephone, facsimile, copier, or other off-site means of communication, from a limited menu, and which orders are delivered to a location directed by the customer. Restaurant, Take-out A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverages are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises. Retail Sales A business establishment engaged in the retail sale of merchandise not specifically listed under another use classification as defined in this section. This classification includes, but is not limited to: department stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, books, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). This classification excludes thrift shops and pawnshops. Room An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches. S School, Elementary, Junior High, and High An institution of learning which offers instruct on in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. School, Private An educational institution having a curriculum comparable to that required in the public schools of the State of California. Secondary (or second) Unit A detached dwelling unit that provides complete, independent living residential unit facilities for one (1) or more persons. A secondary residential unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary unit is situated. Senior Housing A housing development project in which one hundred (100%) percent of the project rental units are intended to be occupied by persons who are sixty-two (62) years of age or older, or married couples, of which one spouse is over sixty-two (62) years of age. Service Station (see vehicle, service station) Setback A required open space on an improved lot that is unoccupied by buildings and unobstructed by structures from the ground upward, except for projections and accessory buildings permitted by the provisions of this Zoning Code. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building, enclosed or covered porch, or other structure. Setback, Between A required open space between separate buildings or between separate buildings or dwelling units on the same lot or building site. Such setback shall be setback between measured as the minimum distance between the nearest vertical support dwelling units or wall of each building or enclosed or covered porch. Setback, Exterior Side A side setback abutting a street. Setback, front A setback extending across the full width of the front of the lot, the minimum and/or average dimensions of which are determined by the property development standard of the applicable zone in which such lot is located. Setback, Rear A setback extending across the full width of the rear of a lot, the minimum and/or average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located. Setback, Side A setback extending from the required front setback to the required rear setback, or to the front and/or rear property lines where no front and/or rear setback is required by the provisions of this Zoning Code, the minimum and average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located. Sign Any card, cloth, plastic, paper, metal or other material or painted character visible from outside of a structure for advertising purposes, mounted to the ground or any, tree, building, wall, bush, rock, fence or structure,. whether privately or publicly owned. "Sign", means any graphic announcement, declaration, demonstration, display, illustration, insignia or object used to advertise or promote the interest of any person or business when the same is placed out-of-doors in view of the general public. This definition shall not include the display of. the American flag, flag of the State, county, public entity or City flag. Sign, A -Frame A freestanding sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable, and are not considered to be permanent signs or displays. Sign, Animated Signs Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement. Animated signs do not include flags and banners, time and temperature signs. Sign, Announcement or Bulletin Board Signs Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature. Sign, Area of Sign The area of a sign shall include the entire area within a series of rectangles whose outermost boarders are defined by the outermost extent of any writing, representation,"emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign. Sign. Awning Sign A sign painted or printed on the exterior surface of an awning. An alternative to a wall sign, permitted as same. Sign, Balloon One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment. Sign, Banner A fabric or fabric -like material on which an advertising message is painted or otherwise affixed. Sign, Billboard A sign that directs attention to a business, profession, product, commodity or service offered on the site on which the sign is located. Signs, Changeable Copy. Copy for temporary use which is changed at periodic intervals and which may be utilized on pylon, monument, wall, bulletin board or announcement signs. Sign, Commercial Complex Any group of three (3) or more commercial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or large single commercial use occupying at least two and one-half (21) acres with a minimum of two hundred (200) feet of street frontage. Sign, Construction Signs Signs stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers. Sign, Directional Signs Signs which contain any of the following words: "Entrance", "enter", "out", "one-way" or other words, or words which contain nonflashing arrows or other characters indicating traffic direction. Sign, Electronic Message Sign A sign having the capability of presenting variable message displays, including time and temperature, by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. Sign, Flag A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, religion, etc. It may or may not contain any copy. Sign, Flashing Signs Lighted signs which in whole or in part disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights as in those types generally referred to as "nervous" signs, arrows, stars, etc., and/or beacon signs. Sign, Freestanding A sign that is completely supported by structures or other supports that are placed on or anchored in the ground and are independent from any building or other structure. Sign, Height of Signs The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially increase the height of a sign. Sign, Monument Signs A sign with an overall height of six (6) feet or less, standing directly on the ground or on a base of where supporting poles or structures, if any, are enclosed by decorative covers. Sign, Nameplate Signs naming the occupant of the premises, the business and/or address. Sign Off-site Signs Any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. Sign, Painted Signs Signs painted on the exterior surface of a building or structure. Painted signs do not Sign, Pennant A device generally made of flexible materials, usually cloth, paper or plastic. A pennant may or may not contain any copy and is primarily intended to draw attention. Sign, Pylon Sign A sign with an overall height exceeding six feet and having one or more decorative supports permanently attached directly into or upon the ground. Sign, Political Signs Political signs are signs setting forth a political message with respect to an upcoming federal, State or local governmental election. Sign, Portable Signs Signs not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs and signs attached to a fence/wall. Sign, Poster Signs Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways. Sign, Projecting Signs Signs including wall signs which are suspended from or supported by a building or wall and which project from said building or wall. Sign, Real Estate Signs All signs and sign structures relating to the sale, lease or other disposition of the real property on which the sign is located and which are temporary in nature. Sign, Revolving Signs Signs, all or a portion of, which rotate in a constant, circular manner. Sign, Roof Signs. Any sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure. Sign, Special Event Sign A temporary sign, which advertises special events and activities such as grand openings, charitable events, Christmas trees, fireworks, or as specified by the Planning Director. Sign Structure The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display. Sign, Temporary Signs Signs erected for a temporary purpose not exceeding forty-five days, including banners, pennant valances, streamers, balloon signs, inflated devices, search lights, beacons, costumed or live persons, moving stuffed animals, or advertising light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object. Sign, Time and Temperature Sign An electronically controlled sign with illuminated flippers or light bulbs for the sole purpose of displaying the time, and temperature (F. and/or C.) at intermittent intervals. Under Canopy Signs. A sign with a single or double face copy attached to the underside of a projecting canopy perpendicular to the building frontage. Sign, Unofficial (non-regulatory) Signs Signs located on public property (e.g., street or median island, parkway, sidewalk, traffic control sign posts, utility poles, park land, trees, etc.). Sign, Vehicle Signs Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles. Sign, Wall Signs Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall. Sign, Window Signs Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building. Sign, Wall Murals The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service or business. A wall mural is a sign if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business. Snack Shop A business establishment that is maintained, operated, and/or advertised or held out to the public as serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises or off the premises. Solid Fill Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions. Spa, non-portable (see Swimming Pool) Spa, portable A non -permanent structure intended for recreational bathing, in which all controls, water -heating, and water -circulating equipment are an integral part of the product and which is cord -connected (not permanently electrically wired). Story "Story" as defined in the currently -adopted and effective Uniform Building Code of the City. Story -Half A story with at least two (2) of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds (2/3) of the floor area of the floor immediately below it. Street A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" shall include all major and secondary highways, traffic collector streets, and local streets. Street, Center line (see center line) Street Line The boundary line between the street right-of-way and abutting property. Structural Alteration Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters. Structure Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts jointed together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios. Swap meet Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term "swap meet" is interchangeable with, and applicable to, flea markets, auctions, open air markets, farmer's markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations. Swimming Pool Any structure intended for swimming, diving, or recreational bathing that contains water over twenty-four (24) inches deep. This includes in -ground, above- ground, and on -ground swimming pools, hot tubs, and spas. Swimming Pool, indoor A swimming pool which is totally contained within a residential structure and surrounded on all four (4) sides by walls of said structure. Swimming pool, outdoor Any swimming pool which is not an indoor pool. Structure Advertising A structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs. T Thrift Shop A business establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops. Townhouse A single-family dwelling which visually appears to share one or more common walls with an adjacent single-family dwelling, but which, in fact, is structurally and functionally independent of any other single-family dwelling. Trailer Coach Any vehicle, with or without motor power, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code. Trailer park A site designed and equipped for the harboring, parking, or storing of one or mobile home park more trailers or mobile homes being used as living and/or sleeping quarters. Trailer Site That portion of a trailer park designated for use or occupancy of one (1) trailer coach and including all appurtenant facilities. Transfer Station An area, including any necessary building or structures, for the temporary waste storage and the salvage of rubbish, garbage, or industrial waste. This definition also includes material recovery facilities. Triplex A structure containing three (3) individual residential dwelling units. Trucking Terminal A business engaged in the storage and distribution of goods having more than five (5) heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time, but excluding trucking accessory to another industrial use on the site. U Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three (3) or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of a construction, including connections and electrical plans, if any, and shall delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application. Use The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained. V Variance A modification of a literal provision of this Zoning Code, granted by an administrative or quasi-judicial act in accordance with the provisions of this Zoning Code. Vehicle A business engaged in the washing, waxing, cleaning, and/or detailing of automobile washing automobiles or similar light vehicles. Vehicle Body A business establishment involved in the repairing, restoring, and/or painting and fender shop of the bodies of motor vehicles. Vehicle Rentals A business engaged in the sale, lease and/or rental of automobiles and light trucks (having a rating of less than ten thousand one (10,001) pounds, an unladen weight of less than six thousand one (6,001) pounds, and equipped with an open box -type bed less than nine (9) feet in length), including storage and incidental maintenance and repair. Vehicle Repair Garage Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than ten thousand one (10,001) pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box -type bed less than nine (9) feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly -known garage or shop activities occur: tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping. Vehicle, Service A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non-mechanical car -washing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles. Vehicle Towing/Storage A business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling. Visual Obstruction Any physical obstruction which limits the visibility of persons in motor vehicles or pedestrians approaching intersecting or intercepting streets, alleys, driveways, or other public rights-of-way. W Wall or Fence A structure forming a physical barrier, including, but not limited to, concrete, concrete block, wood, or other materials which are solid and are so assembled as to form a barrier. Warehouse Retail An off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public. Warehouse Retail, Specialty An off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers. Washroom Any building, which contains individual laundry facilities and/or bathroom facilities, but does not include kitchen facilities. Wholesaling, Distribution and Storage A business engaged in storage and distribution, and having five (5) or fewer heavy trucks (having a rating of more than ten thousand (10,000) pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time. Wholesaling establishments may include no more than ten (10) percent or 1,000 square feet of floor area, whichever is less, for the incidental direct sale to consumers of only those goods distributed wholesale. This classification excludes "Mini -warehouses or self -storage facilities" and "Vehicle towing/storage." Wholesale Dry -Cleaning Plant A dry cleaning establishment having at least fifty-one (51) percent of its gross sales to licensed dry cleaners. X Y Yard An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward. Yard, Front A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line, and the front elevation of the structure located on the parcel. Yard, Rear A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land. Yard, Side A yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street side, where said side lot line is coterminous with the street line of a fully -widened street or the ultimate street line of a partially -widened street, and a line parallel thereto on the lot or parcel of land. Z Zoning Map The Official Zoning Map delineating the boundaries of zones within the City of Beaumont. ORDINANCE NO. 978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONE DISTRICTS" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.120, entitled "Permitted Uses for Base Zone Districts", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None AT T: Deputy City Cl CITY OF BEAUMONT By Brian De Forget ayor 1 Exhibit "A" 17.03.120 Permitted Uses for Base Zone Districts. The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03-3. Table 17.03-3 Permitted Land Uses For Base Zone Districts RC PF RR RSF RMF CG CC M Administrative Professional Services. Administrative/Professional Offices N N N N N P P P Advertising Agencies N P N N N P P N Architectural/Engineering/Design Services N P N N N P P N Attorney/Legal Services N P N N N P P N Business Management Services N P N N N P P N Government Offices P P P P P P P P Travel Agencies N P N N N P P N Agricultural Uses Animal Keeping (Commercial Use) N N P C N C C C Animal Keeping (Accessory Use) N A A A A C C C Animal Rescue Facilities N N P C N N N N Apiaries N N P C N N N N Aviaries N N P N N N N N Catteries N N P C N C C N Commercial Growing Establishments N N P N N N N N Dairies N N P N N N N N Kennels (all Classes) N N P C N C C C Produce Stands N N P N N N N N Stables N N P N N N N N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Alcohol Service and Sales Bars or Cocktail Lounges C N N N N C C C Liquor Stores N N N N N C C N Restaurants with Alcoholic Beverage Sales C N N N N C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) N N N N N P P C Automobile Parking Facilities N N N N N P P P Automobile Rental Agencies N N N N N P P P Automobile Repair Facilities N N N N N P P P Automobile Towing and/or Wrecking Facilities N N N N N N N C Body and Paint Shops N N N N N C C C Car Wash N N N N N C C N Gas/Service Stations C N N N N C C C Limousine Services N N N N N P P P Towing Services With Indoor Vehicle Service N N N N N N N C Towing Services With Outdoor Vehicle Storage N N N N N N N C Truck/Trailer Rentals N N N N N C C P Communications Facilities Cellular Communication Facilities C N N N N C C C Cellular - Stealth C N N N N C C C Cellular - Non -Stealth N N N N N C C C Radio and Television Broadcasting Studios N N N N N N P P Recording and Sound Studios N N N N N N P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Satellite Dishes (Non -Private) N N N N N P P P Satellite Dishes (Private Use) N N P P P N N N Ham Radio Antennae (Private Use) N N P P P P P P Daycare Facilities Commercial Day Care Facilities N N N N N P P N Educational Establishments Elementary, Junior, and High Schools/Public N P P P P N N N Elementary, Junior, and High Schools/Private N P P P P N N N Vocational and Trade Schools N P P P P C C N Food and Beverage Sales Bakeries N N N N N P P N Catering Establishments N N N N N P P P Convenience Markets N N N N N P P N Grocery Stores/Supermarkets N N N N N P P N Grocery Store, Alcohol Sales N N N N N C C N General Merchandise and Trade Antique Sales N N N N N P P N Appliance Sales N N N N N P P N Art Galleries and Supplies N N N N N P P N Beauty Supplies N N N N N P P N Books and Magazines N N N N N P P N Building Materials N N N N N C P P Building Materials with outdoor sales/storage N N N N N N C P Camera and Photographic Supplies N N N N N P P N Candy Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued Land Use RC PF RR RSF RMF CG CC M Cigar/Cigarette Shops N N N N N C C N Clothing Stores N N N N N P P N Department Stores N N N N N P P N Discount Stores N N N N N P P N Electronic Equipment Sales N N N N N P P N Equipment Sales and Rentals N N N N N C C P Florists N N N N N P P N Freight Forwarding Services N N N N N P P P Furniture and Home Furnishings N N N N N P P N Garden Supply N N N N N P P N Gifts, Crafts, and Novelties N N N N N P P N Guns and Ammunition N N N N N P P N Hardware Stores N N N N N P P N Hobby, Toy and Game Stores N N N N N P P N Indoor Swap Meets N N N N N N C C Jewelry Sales and Repair N N N N N P P N Leather Goods N N N N N P P N Luggage Sales N N N N N P P N Office Equipment, Furniture, and Supplies N N N N N P P N Pet Sales and Supplies N N N N N P P N Records, Tapes, and Videos N N N N N P P N Retail, Other Specialty N N N N N P P N Sporting Goods and Equipment N N N N N P P N Surplus Stores N N N N N P P N Thrift and Second -Hand Stores N N N N N C C N Variety Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Wholesale Establishments N N N N N P P N Lodging Bed and Breakfast Facilities C N N N N P P N Emergency Shelters N N N N N P C C Hotels and Motels C N N N N P P C Residence Inns C N N N N P P N Single-Room Occupant (SRO) Facilities N N N N N C C N Trailer Parks and Campsites N N N N C N N N Transitional Housing N N N N C C C N Manufacturing and Industrial Apparel/Textile Products N N N N N N N P Assembly Plants N N N N N N N P Bottling Plants N N N N N N N P Bulk Postal Service Facilities N N N N N N N P Chemicals N N N N N N N P Contract Construction Services N N N N N N N P Data Services N N N N N N N P Exterminating Services N N N N N N N P Feed and Fuel Yards N N N N N N N P Food and Kindred Products N N N N N N N P Furniture N N N N N N N P Lumber/Wood Products N N N N N N N P Moving and Storage Establishments N N N N N N N P Metal Salvage Yards N N N N N N N P Paper Products N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Petroleum-Related Materials N N N N N N N C Primary Metal Industries (Electroplating) N N N N N N N C Printing/Publishing N N N N N N N P Professional/Scientific/Electronic Products N N N N N N N P Research Services and Laboratories N N N N N N N P Retail Sales of Products Manufactured or Stored On-Site N N N N N N N P Sandblasting and Beadblasting N N N N N N N C Taxidermy N N N N N N N C Medical/Health Care Ambulance Services N N N N N N P P Animal HospitalsNeterinaries N N N N N P P P Clinics N N N N N P P N Convalescent Homes N N C C C P P N Chemical Dependency Clinics N N N N C C N N Hospitals N N N N N P P N Medical/Dental Offices N N N N N P P N Pharmacies N N N N N P P N Pharmacies, with drive-through N N N N N C C N Personal Services Banking, Credit Unions, Financial Services N N N N N P P N Barbers and Beauty Parlors N N N N N P P N Cemeteries N C C C C C C C Check Cashing Services N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.034 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Commercial Pet Grooming Services N N N N N P P N Dry Cleaners N N N N N P P N Funeral Parlors, Mortuaries N N N N N C C N Laundries, Laundromats N N N N N P P N Locksmith and Key Shops N N N N N P P P Pawnbrokers N N N N N C C N Photocopying and Photo Developing Services N N N N N P P P Photography Studios N N N N N P P N Shoe Repair Shops N N N N N P P N Tailors N N N N N P P N Tattoo/Body Piercing Services N N N N N C C N Public and Quasi-Public Uses Community Recreation Centers P P N N N N N N Cultural Facilities P P N N N N N N Libraries P P N N N N N N Museums P P N N N N N N Parks P P N N N N N N Public Safety Facilities N P N N N P P P Senior Citizen Activity Centers N P N N N P P N Recreation and Entertainment Adult-Oriented Businesses N N N N N N N C Amusement Parks N N C N N N C N Athletic Fields N P P P P N N N Batting Cages N N N N N N C C Billiard and Pool Halls N N N N N C C N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Bowling Alleys N N N N N P P N Dance Studios N N N N N P P N Golf Driving Ranges C N N N N N C N Health Clubs and Gymnasiums N N N N N C C N Miniature Golf Courses N N C N N N C N Off -Road Mini -Bike and Motorcross Courses C N C N N N N N Public Auditorium/Auditoriums N P N N N N N N Shooting Range (Indoor) N N N N N N N C Skating Rinks N N N N N N C N Video Arcades N N N N N C C N Recycling Collection Facilities N N N N N C C C Processing Facilities N N N N N N N C Religious Institutions Churches N N C C C C C C Monasteries, Convents, or Similar Religious Use N N C C C C C C Repair Services Electrical and Household Appliances Repair N N N N N P P P Furniture Refinishing N N N N N P P P Furniture Reupholstering N N N N N N N P Lawnmower Repair/Sales Shops N N N N N P P P Machine Shops N N N N N C C P Welding Shops N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Residential Uses Accessory Guest Houses N N P P P N N N Accessory Rental Units ("Granny Flats") N N P P P N N N Boarding or Rooming Houses N N C C C N N N Caretaker's Unit N N P N P P* N C Congregate Care Facilities N N N N C C C N Day Care Centers, Small Family- 1 to 8 Children N N P P P N N N Day Care Centers, Large Family- 7 to 14 Children N N C C C C N N Duplexes N N N N P N N N Group or Community Care Facilities - 6 or fewer persons) N N P P P N N N Group or Community Care Facilities - 7 or more persons) N N C C C N N N Home Occupation Businesses N N P P P N N N Mobile Home Parks N N N N C N N N Mobile Home or Manufactured Housing Units Single Lot N N P P P N N N Multiple -Family, Apartment & Condominiums N N N N P P* N N Planned Residential Developments N N P P P N N N Senior Housing Developments N N P P P C N N Single -Family Dwellings N N P P P N N N Restaurant Delicatessens N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use *Only allowed for Properties on Sixth Street Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Fast -Food Restaurants - Without Drive-Thru N N N N N P P N Fast -Food Restaurants - With Drive-Thru N N N N N C C N Sit -Down Restaurants C N N N N P P N Sit Down Restaurant with live Entertainment C N N N N C C N Restaurant, serving alcohol C N N N N C C N Service Organizations Philanthropic and Charitable Institutions N N N N N P P N Service Organizations N N N N N P P N Temporary Uses Street/Craft Fairs and Farmers' Markets N C N N N C C N Temporary Structures (Subdivision sales Office) C N P P P P P P Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days C C C C C C C C Outdoor Displays N N N N N C C C Parking Lot Sales N C N N N C C C Amusement Enterprises N C N N N N C C Transportation Facilities Bus Passenger Terminals N N N N N C C C Charter Bus Companies N N N N N C C C Motor Vehicle Transportation (Taxi/Shuttle) N N N N N C C C Truck Stops and Terminals N N N N N C C C N = Not Permitted P = Permitted C = Conditional Accessory Use y Permitted A = Permitted as an Table 17.034 Permitted Land Uses For Base Zone Districts (cantinued) Land Use RC PF RR RSF RMF CG CC M Utilities Public Utility/Service Structures N P N N N N N P Sewage Disposal Facilities/Waste Transfer N p N N N N N P Utility Company Offices N N N N N P P P Water Storage, Distribution, and Collection Facilities N P N N N N N N Public Storage Facilities N N N N N C C C N = Not Permitted P = Permitted C = Conditional Accessory Use y Permitted A = Permitted as an ORDINANCE NO. 979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.05.04 "PARKING REQUIREMENTS FOR LAND USES" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.05.04, entitled "Parking Requirements for Land Uses", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By ATT T: If ‘, Deputy City Cl k Brian De For, - ayor 1 Exhibit "A" 17.05.040 Parking Requirements for Land Uses. Each land use shall provide the minimum number of off-street parking spaces required by this section, except where a greater number of spaces are required through conditional use permit conditions of approval. A. Off-street Parking Requirements. Off-street parking and loading spaces with adequate ingress and egress must be provided for any new structure and for any new use established; for any addition to or enlargement of an existing structure or use; or for any change in the occupancy of any structure or the manner in which any use is conducted that would result in additional parking or loading spaces to be required. For any addition or any enlargement of an existing structure or use, or for any change of occupancy or manner of operation that would increase the number of parking or loading spaces required, the additional parking or loading shall be required only for such addition, enlargement, or change and not for the entire structure or use. Table 17.05-1 specifies the number of off-street parking spaces required for permitted land uses. Table 17.05-1 Off Street Parking Requirements Land Use Parking Required Compact/Truck Parking Residential Single -Family Residential Units 2 enclosed spaces/unit (accessory units that are rentals must provide 2 spaces, of which one shall be enclosed) Not Applicable Attached Single Family and Duplex Units 2 enclosed spaces/unit Not Applicable Multi -Family (efficiency/1-bedroom units) 1.25 spaces per unit (spaces may be uncovered) Not Applicable Multiple -Family (2 or more bedrooms/unit) 2.5 spaces per unit. (at least 1 space must be covered) Not Applicable Motels/Boarding Houses 1 space for each sleeping unit. 1 space per guest room or unit; plus other spaces as required for auxiliary uses such as banquet facilities, bars, and restaurants Not Applicable Table 17.05-1 Off Street Parking Requirements (Continued) Land Use Parking Required Compact/Truck' Parking Commercial Assembly Use 1 space per 4 permanent seats. Where temporary seats are used, 1 space per 20 sf of assembly area. Compact: Maximum 10% where 20+ spaces are provided. Banks/ Financial Institutions 1 space per 200 sf gross floor area Compact: Maximum 10% where 20+ spaces are provided. Bars and Nightclubs 1 space per 75 sf gross floor area; plus 1 space per 2 employees on the largest shift Compact: Maximum 10% where 20+ spaces are provided. Churches and Other Religious Institutions 1 space per 3 fixed seats. Where no fixed seats are provided, 1 per 20 square feet of assembly area. Compact: Maximum 10% where 20+ spaces are provided. Cinema 1 space per 3 seats. Compact: Maximum 10% where 20+ spaces are provided. Compact: Not permitted. Day Care • Day care center 1 space for every 7 children Compact: Not permitted. Gasoline Service Stations 1 space per 200 sf gross floor area; plus 1 space per service, bay; plus any additional spaces, required for accessory uses such as retail or food service Compact: Not permitted, Truck: 1 space per vehicle operated from site. Retail Uses 1 space per 200 sf gross floor Compact: Maximum 10% where 20+ spaces are provided. Truck: As required for service and delivery vehicles. Professional Offices, other than medical 1 space per 200 sf gross floor area Compact: Maximum 10% where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. Medical and Dental Offices 1 space per 250 sf gross floor area Compact: Maximum 10% where 20+ spaces are provided. Table 17.05-1 Off Street Parking Requirements (Continued) Land Use Parking Required Compact/Truck Parking Restaurants, Fast Food' 1 space for every 100 sf of gross floor area, but not less than 10 spaces Compact: Maximum 10% where 20+ spaces are provided. Restaurants, Sit -Down 1 space for every 100 sf of gross floor area, but not less than 10 spaces Compact: Maximum 25% where 20+ spaces are provided. Trade or business school 1 space per 50 sf of gross classroom area Manufacturing General Manufacturing 1 space per 500 sf gross floor area. Compact: Maximum 10% where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. Office, accessory to manufacturing use 1 space per 250 sf gross floor area of office space. Compact: Maximum 10% where 20+ spaces are provided. Trucking and Truck Terminals 1 space per 1,000 sf gross floor area within any building. Truck: Per loading requirements. Warehousing 1 space per 1,000 sf gross floor area. Compact: Maximum 10% where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. 1. Minimum standard vehicle stacking capacity in a drive-through lane is eight (8) vehicles. Fractional Spaces. All fractional spaces shall be rounded up to the next highest whole number. Combined Uses. When two or more uses are combined on a given site, the required parking shall be calculated as the combined total required for each individual use. Where two or more uses exist within a single building, parking shall be calculated based on the percentage of floor area devoted to each use. Compact and Handicap Parking. The calculation of the number of compact and handicap parking spaces to be provided shall be based on the total number of spaces required. Handicapped (accessible) parking shall comply with standards set forth in Chapter 11 of the Uniform Building Code. B. Unspecified Land Use. If a land use is not specifically listed in Table 17.05-1, the Planning Director shall decide which standard most closely reflects the demand for parking that will be generated by the proposed project. For uses not specifically mentioned, the requirements for off-street parking spaces shall be the same as for similar-mentioned uses and the Planning Director shall determine in writing the parking requirements for the proposed project. In the event the determination of the Planning Director shall be deemed unsatisfactory or unreasonable, the applicant may present the matter to the Planning Commission in writing for posting on the agenda of a regularly scheduled Commission meeting, for determination. C. Reduction of Spaces. No reduction of required parking spaces shall be allowed, except through approval of a Variance in accordance with the provisions of this Title 17.05. ORDINANCE NO. 980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING SECTION 17.15 OF TITLE 17 OF THE BEAUMONT MUNICIPAL CODE TO ADDRESS SINGLE ROOM OCCUPANCY FACILITIES A. Recitals. (i) On October 12, 2010, the Planning Commission of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendments. (iii) On November 16, 2010, the City Council of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. Section 2. The provisions of this Ordinance and the Municipal Code amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated there under. The City Council finds that this Ordinance and said Municipal Code amendments are exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3) of the Guidelines. Section 3. A new Chapter 17.15 is hereby added to Title 17 of the Beaumont Municipal Code to read as follows: "Sections: 17.15.010 17.15.020 17.15.030 17.15.040 17.15.050 17.15.060 17.15.070 17.15.080 17.15.090 "Chapter 17.15 SINGLE ROOM OCCUPANCY FACILITIES Purpose Location Project Review and Approval Development Standards Accessibility Management Parking Tenancy Existing Structures 17.15.010 Purpose. The provisions of this Chapter are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units. 17.15.020 Location. A Single Room Occupancy Facility may be proposed and approved in the Commercial General (CG) or Community Commercial (CC) Zoning Districts 17.15.030 Project Review and Approval. A proposed SRO shall require the approval of a Conditional Use Permit in compliance with Section 17.02. 17.15.040 Development Standards. Single Room Occupancy Facilities: Density. A Single room Occupancy Facility is not required to meet density standards of the General Plan. Common area. Four hundred square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways. Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units of fractional number thereof, with at least one washer and dryer per floor. Cleaning Supply Room. A Cleaning Supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility Single Room Occupancy Units. Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet. Occupancy. An SRO unit shall accommodate a maximum of two persons. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residence with at least one full bathroom per floor. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor. Closet. Each RSO unit shall have a separate closet. Code Compliance. SRO units shall comply with all requirements of the California Building Code. 17.15.050 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. 17.15.060 Management. Facility Management. An SRO Facility with 10 or more units shall provide on- site management. An SRO Facility with less than 10 units shall provide management office on-site. Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance. 17.15.070 Parking. Off Street Parking shall be provided consistent with Section 17.05. 17.15.080 Tenancy. Tenancy of SRO units shall be limited to 30 or more days. 17.15.070 Existing Structure. An existing structure may be converted to an SRO facility, consistent with the provisions of this Section." Section 4. Section 17.03.120, Table 17.03-3, of the Beaumont City Code is amended to add Single Room Occupancy Facilities to the Permitted Land Use For Base Zone District table, with a Conditional Use Permit required in CG and CC zoning districts with specific use regulations noted in 17.15. Section 5. Section 17.05.40, Table 17.05-1, of the Beaumont Municipal Code is amended to add Single Room Occupancy Facilities to the Off -Street Parking Requirements table, for Parking required at 0.5 spaces per unit and for Compact Parking is Not permitted. Section 6. Section 17.14.30 of the Beaumont Municipal Code is amended to add two definitions as follows: "Single Room Occupancy Facility. A residential building including multiple Single Room Occupancy units. Single Room Occupancy Unit. A living space with a minimum floor area of 150 square feet and a maximum of 400 square feet restricted to occupancy by no more than 2 persons. Kitchen and bathroom facilities may be wholly of partially included in each living space or may be fully shared." Section 7. Severability. If any Section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This ordinance shall take effect on the 31st day following its adoption. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: None ATT T: Deputy City C r Mayor De Forge/ ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 15.24 OF THE BEAUMONT MUNICIPAL CODE TO ASSURE FAIR HOUSING PROTECTIONS FOR INDIVIDUALS WITH DISABILITIES A. Recitals. (i) On October 12, 2010, the Planning Commission of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendments. (ii) On November 16, 2010, the City Council of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. Section 2. The provisions of this Ordinance and the Municipal Code amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated there under. The City Council finds that this Ordinance and said Municipal Code amendments are exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3) of the Guidelines. Section 3. A new Chapter 15.24 is hereby added to Title 15 of the Beaumont Municipal Code to read as follows: Chapter 15.24 RESONABLE ACCOMMODATIONS Sections: 15.24.010 Purpose 15.24.020 Definitions 15.24.030 Procedures 15.24.040 Findings 15.24.050 Notice 15.24.010 Purpose. The purpose of this chapter is to establish a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation as provided by the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, and to establish criteria to be used when considering such requests. Reasonable accommodation means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities. 15.24.020 Definitions. Whenever the following terms are used in this Chapter, they shall have the meanings established by this Section: A ACTS: The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act ("Acts") . B INDIVIDUAL WITH A DISABILITY: As defined under the Acts, a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. 15.24.030 Procedures. A. A written request for reasonable accommodations shall be made on a form provided by the City by any individual with a disability, his or her representative or a developer or provider of housing for individuals with disabilities when the application of a land use or zoning regulation or policy acts as a barrier to fair housing opportunities. B. A request for reasonable accommodation shall state the basis of the request including but not limited to a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice. C. The Director of Planning or designee may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the 45 day time period for making a determination on the request stops running until the additional information is provided. D. The Director of Planning or designee shall issue a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation. E. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 15.24.040 Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with Acts, shall, if granted, be granted to an individual and shall not run with the land (unless the Director or designee determines that much a modification is physically integrated into the residential structure and cannot easily be removed), and shall be based on consideration of the following factors: A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities under the Acts; B. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the Acts; C. Whether the requested accommodations would impose an undue financial or administrative burden on the City; D. Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning program and; E. Whether there are any alternative reasonable accommodations which may provide an equivalent level of benefit to the applicant. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodations in the appeals process as set forth in Section 15.24.050 Notice. Notice of the determination shall be provided to abutting owners of the property which is the subject of the request for reasonable accommodation. The notice shall provide a general description of the accommodation that was deemed necessary for the use of the house or dwelling unit, as a result of the applicant's disability. 15.24.060 Appeal of Determination. A. A determination by the Director of Planning shall be final unless appealed to City Council within 15 days. B. Only the aggrieved applicant and abutting owners who received notice of the reasonable accommodation determination have a right to appeal the decision. C. An appeal shall be made in writing, pursuant to procedures established in Section 17.02 of the Municipal Code." Section 4. Severability. If any Section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This ordinance shall take effect on the 31St day following its adoption. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None ATT T: Deputy City Cle Mayor De Forg ORDINANCE NO. 982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT REVISING REGULATIONS APPLICABLE TO THE GRANTING OF DENSITY BONUSES AND RELATED INCENTIVES, AND AMENDING TITLE 17 OF THE BEAUMONT MUNICIPAL CODE A. Recitals. (i) Government Code Section 65915 requires each city to adopt an ordinance that specifies how residential density bonuses and related incentives shall be granted. The purpose of this Ordinance is to amend the City's Municipal Code and adopt those procedures necessary in order to comply with Section 65915. (ii) On October 12, 2010, the Planning Commission of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendments. (iii) On November 16, 2010, the City Council of the City of Beaumont conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. Section 2. The provisions of this Ordinance and the Development Code amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated there under. The City Council finds that this Ordinance and said Development Code amendments are exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3) of the Guidelines. Section 3. Chapter 17.10 of Title 17 of the Beaumont Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation of said Chapter occurring prior to the effective date of this Ordinance. Section 4. A new Chapter 17.10 is hereby added to Title 17 of the Beaumont Municipal Code to read as follows: Chapter 17.10 AFFORDABLE HOUSING INCENTIVES/ DENSITY BONUS PROVISIONS Sections: 17.10.010 Purpose 17.10.020 Definitions 17.10.030 Implementation 17.10.040 Types of bonuses and incentives allowed 17.10.050 Requirements for projects with affordable units 17.10.060 Development standards 17.10.070 Processing of bonus requests 17.10.080 Density bonus housing agreement 17.10.090 Changes in State density bonus laws 17.10.010 Purpose. The purpose of this Chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with Government Code Sections 65915-65918. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives and policies of the Housing Element of the City's General Plan. 17.10.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meanings established by this section: A. ADDITIONAL INCENTIVE: A regulatory concession as described in Government Code Section 65915 that may include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development or any other regulatory incentive, which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus. B. AFFORDABLE RENT: Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low, lower- or moderate - income households, not exceeding the following calculations: C. VERY -LOW INCOME. Unless otherwise provided by law, households at fifty percent of the area median income, adjusted for household size, multiplied by thirty percent and divided by twelve; D. LOWER INCOME. Unless otherwise provided by law, households at eighty percent of the area median income, adjusted for household size, multiplied by thirty percent and divided by twelve. E. MODERATE INCOME. Unless otherwise provided by law, households at 120 percent of the area median income, adjusted for household size, multiplied by thirty percent and divided by twelve. F. AFFORDABLE SALES PRICE: A sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development. G. DENSITY BONUS: A density increase of up to those percentages above the otherwise maximum residential density, specified in this Chapter. H. DENSITY BONUS HOUSING AGREEMENT: A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this Chapter and State density bonus law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability and production schedule. L DENSITY BONUS UNITS: Those residential units granted pursuant to the provisions of this Chapter, that exceed the maximum residential density for the development site. J. HOUSING COST: The sum of actual or projected monthly payments for all of the following associated with for -sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees and a reasonable allowance for utilities. K. HOUSING DEVELOPMENT: Construction projects consisting of five or more residential units or lots, including single-family and multifamily, that are proposed to be constructed pursuant to this chapter. L. LOWER INCOME HOUSEHOLD: Household whose income does not exceed the lower income limits applicable to Riverside County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. M. MAXIMUM RESIDENTIAL DENSITY: The maximum number of residential units permitted by the City's General Plan Land Use Element and Development Code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the additional units permitted by this Chapter. N. MODERATE INCOME HOUSEHOLD: Household whose income does not exceed the moderate income limits applicable to Riverside County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. O. NON -RESTRICTED UNITS: All units within a housing development excluding the target units. P. SENIOR CITIZEN HOUSING: A housing development consistent with the California Fair Employment and Housing Act, that has been `designed to meet the physical and social needs of senior citizens,' and which otherwise qualifies as `housing for older persons', as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in Civil Code Section 51.3. Q. TARGET UNIT: A dwelling unit within a housing development, which will be reserved for sale or rent to, and affordable to, very low-, lower- or moderate- income households. R. VERY LOW INCOME HOUSEHOLD: Household whose income does not exceed the very low income limits applicable to Riverside County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105. 17.10.030 Implementation. A. The City shall grant a density bonus and additional incentives to an applicant who agrees to provide the following Target Units: 1. Lower Income Units. Designate at least ten percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to lower income households; or 2. Very Low Income Units. Designate at least five percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to very low income households. 3. Moderate Income Condominium or Planned Development Units. Designate at least ten percent of the total units of a condominium project, as defined in Civil Code Section 1351(0, or planned development as defined in Civil Code Section 1351(k), or such other percentage provided by law, as target units affordable to moderate income households. 4. Any Senior Housing Development. 5. Donation of land pursuant to Government Code Section 65915(h). B. In determining the number of density bonus units to be granted pursuant to this Section, the maximum allowable residential density for the site shall be computed as follows: 1. Lower Income Household. The maximum allowable residential density for the site shall be increased by twenty percent provided, however, that for each one percent increase above ten percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of thirty-five percent. 2. Very Low Income Household. The maximum allowable residential density for the site shall be increased by twenty percent provided, however, that for each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of thirty-five percent. 3. Moderate Income Condominium or Planned Development. The maximum allowable residential density for the site shall be increased by five percent provided, however, that for each one percent increase above ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent. 4. Senior Housing Development. The maximum allowable residential density for the site shall be increased by twenty percent. 5. Certain Donations of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City that satisfies the requirements of Government Code Section 65915(h), and complies with all procedural requirements of that subsection, including recordation of a deed restriction, then the maximum allowable residential density for the site shall be increased by fifteen percent provided, however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Section 65915(h), the density bonus shall be increased by one percent up to a maximum of thirty- five percent. This increase shall be in addition to any increase required by Section 17.10.030A of this Chapter, up to a maximum combined density increase of thirty-five percent if an applicant seeks both the increase required by this subsection and by Section 17.10.030A. All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the percentage of target units. When calculating the required number of target units, any resulting fraction of units shall be deleted. C. Number of Incentives. 1. One density bonus and one incentive shall be provided to a developer who agrees to construct at least ten percent of the total units for lower income households, five percent of the total units for very low income households, or ten percent of units in a condominium or planned development for moderate income households. A density bonus and two incentives shall be provided to a developer who agrees to construct at least twenty percent of the total units for lower income households, ten percent of the total units for very low income households, or twenty percent of units in a condominium or planned development for moderate income households. A density bonus and three incentives shall be provided to a developer who agrees to construct at least thirty percent of the total units for lower income households, fifteen percent of the total units for very low income households, or thirty percent of units in a condominium or planned development for moderate income households. In cases where a density increase of more than the amount specified in Section 17.10.030.B is requested, the density increase, if granted, shall be considered an additional incentive. 2. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to Section 17.10.030A of this Chapter, that includes a childcare facility as defined in Government Code Section 65915(i)(4), the developer shall be entitled to an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility; or an additional incentive described in Section 17.10.040 of this Chapter, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such childcare facility shall comply with the following: a. The childcare facility shall remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable; b. Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income, pursuant to this Chapter. c. Notwithstanding the foregoing, the City shall not be required to provide a density bonus or incentive for a childcare facility when it is found, based upon substantial evidence, that the City has adequate childcare facilities. 17.10.040 Types of bonuses and incentives allowed. A. Density Bonus. The density bonus allowed by this Chapter shall consist of those density increases specified in Section 17.10.030, above the maximum residential density applicable to the site as of the date of the project land use permit application. A single development project shall not be granted more than one density bonus in compliance with this Chapter. The City shall provide a density bonus and an additional incentive for qualified developments, upon the written request of a developer unless the City makes the written findings set forth in Government Code Section 65915(d)(1). The development incentive granted shall contribute significantly to the economic feasibility of providing the target units. Any applicant seeking a waiver or modification of development or zoning standards shall show that such waiver or modification is necessary to make the housing development economically feasible. This requirement may be satisfied by reference to applicable sections of the housing element of the City's General Plan. B. Other incentives. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes the findings required by Government Code Section 65915(d)(1): 1. Types of Incentives. The allocation of an additional incentive shall be determined on a case-by-case basis. The additional incentive may include, but is not limited to any of the following: a. A reduction in site development standards or a modification of the requirements of this Development Code, which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more of the following: i. Reduced minimum lot sizes and/or dimensions. ii. Reduced minimum lot setbacks. iii. Reduced minimum outdoor and/or private outdoor open space. iv. Increased maximum lot coverage. v. Increased maximum building height. vi. Reduced on-site parking standards. vii. Reduced minimum building separation requirements. viii. Other site or construction conditions applicable to a residential development. b. Mixed use zoning to allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and is consistent with the General Plan. c. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set-aside, Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off-site improvements, land, or construction costs. d. A density bonus of more than thirty-five percent. e. Waived, reduced or deferred plan check, construction permit and/or development impact fees (e.g., capital facilities, park, traffic, etc.). 2. Requirements. a. Economic feasibility. Any development incentive granted shall contribute to the economic feasibility of providing the target units. b. Waivers or modifications. An applicant seeking a waiver or modification of development or zoning standards shall show that the waiver or modification is necessary to make the housing development economically feasible assuming a reasonable rate of return (e.g., at a minimum, an application shall include itemized accounting of projected costs and revenues of the development). c. Revenue. Project revenues shall include moneys from the sale or rental of all units, including the density bonus units. d. Costs. Projected costs: i. Shall not include the 'lost opportunity' cost of the target units (e.g., the amount that would have been generated had the target units been rented or sold at market rate). ii. May include items that are required solely because of the inclusion of the density bonus units and would not have been required without the units. 17.10.050 Requirements for density bonus projects A. The entry into and execution of the Density Bonus Housing Agreement shall be a condition of any application for a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) for a housing development proposed pursuant to this Chapter. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed. The owner's obligation to maintain units as affordable housing shall be evidenced in the Density Bonus Housing Agreement. The agreement shall indicate the household type, number, location, size, and construction scheduling of all affordable units and any other information required by the City to determine the applicant's compliance with this chapter. B. Target units shall remain restricted and affordable to the designated group for a period of thirty years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law. C. In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations: SRO (residential Hotel) unit 75% of 1 person (Studio 1 person 11 bedroom 2 persons 2 bedroom 3 persons 3 bedroom 4 persons 4 bedroom 6 persons D. Those units targeted for lower income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for lower income households for the county, adjusted for household size. E. Those units targeted for very low income households shall be affordable at a rent that does not exceed current HUD income limits for very low income households for the county, adjusted for household size. F. An applicant shall agree that the initial occupants of the moderate -income units in the condominium project or in the planned development are persons and families of moderate income, as defined in Health and Safety Code Section 50093. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e), that promote homeownership. For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate -income household was less than the fair market value of the home at the time of initial sale. G. The owner shall submit annually, and within thirty days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit. H. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units. I. The owner shall provide to the city any additional information required by the city to insure the long-term affordability of the target units by eligible households. J. The City shall have the right to inspect the owner's project -related records at any reasonable time and shall be entitled to audit the owner's records once a year. K. The City may establish fees associated with the setting up and monitoring of target units. L. All for -sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted. 17.10.060 Development standards. A. Target units shall be constructed concurrently with non -restricted units unless both the city and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. B. Target units shall be built on-site wherever possible and when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the non -target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards, which may be modified as provided by this chapter. Deviations from these provisions may only be permitted as part of an approved Density Bonus Housing Agreement. C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alternative site. D. Special parking requirements. Upon request of the developer of a housing development qualifying for a density bonus pursuant to this Chapter, the City shall permit vehicular parking ratios, inclusive of handicapped and guest parking, in accordance with the following standards: 1. 0-1 bedrooms: One on-site parking space. 2. 2-3 bedrooms: Two on-site parking spaces. 3. 4 or more bedrooms: Two and one-half parking spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a housing development may provide `on-site parking' through tandem parking or uncovered parking, but not through on -street parking. 17.10.070 Processing of density bonus requests. An application for a Density Bonus Housing Agreement pursuant to this Chapter shall be processed as part of the application for a housing development. An application for a housing development shall not be determined `complete' for purposes of Government Code Section 65920, et seq., unless and until the City Council has given preliminary approval of the form and content of a Density Bonus Housing Agreement, which complies with the provisions of this chapter. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows: A. Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a Density Bonus Housing Agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre - application or a formal application, shall include: 1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed; 2. The zoning and general plan designations and assessor's parcel number(s) of the project site; 3. A Vicinity Map and Preliminary Site Plan, drawn to scale, including building footprints, driveways, and parking layout; and 4. If an additional incentive is requested, a description of why the additional incentive is necessary to provide the target units. B. Review of Density Bonus Request. 1. Within ninety days of receipt of the application for a Density Bonus Housing Agreement and a housing development, the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this Chapter. 2. If additional incentives are requested, the Director of Planning shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives shall be recommended for consideration in lieu of the requested additional incentives. If the Director of Planning recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. 17.10.080 Density bonus housing agreement. A. The terms of the draft Density Bonus Housing Agreement (the `agreement') shall be reviewed and revised as appropriate by the Director of Planning and the City Attorney who shall formulate a recommendation to the Planning Commission for review and the City Council for fmal approval. B. Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of fmal map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application. C. At a minimum, the Agreement shall include the following: 1. The total number of units proposed within the housing development, including the number of target units; 2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; 3. The location, unit sizes (square feet), and number of bedrooms of target units; 4. Tenure of use restrictions for target units of at least thirty years; 5. A schedule for completion and occupancy of target units; 6. A description of any additional incentive being provided by the City; 7. A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and 8. Other provisions to ensure implementation and compliance with this chapter. D. In the case of for -sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to and occupied by eligible very low, lower income, or, in the case of a condominium or planned development, moderate income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing). 2. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this Chapter and the State density bonus law. E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants; 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 17.10.090 Changes in State density bonus laws. It is the intent of the City Council that the provisions of this Chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in State laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this chapter. Accordingly, it is the further intent of the City Council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this chapter, to the maximum extent permitted by law." Section 5. Severability. The City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 6. The City Clerk shall certify to the adoption of this Ordinance. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St. Martin. NOES: None ABSTAIN: None ABSENT: None Mayor De Forge ORDINANCE NO. 983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.08 OF THE BEAUMONT MUNICIPAL CODE TO AUTHORIZE SUMMARY ABATEMENT OF COMBUSTIBLE VEGETATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.08 of the Beaumont Municipal Code, entitled "Weeds and Waste Matter", is hereby amended by adding Section 8.08.015 which reads as follows: "8.08.015 Property Maintenance Standards. Property owners and occupiers of real property in the City shall maintain their property to eliminate fire hazards. Whether by self-help or on order of the Fire Chief, property owners and occupiers shall maintain their properties in accordance with the following standards: A. Maintain a firebreak for the protection of structures by removing all flammable waste and materials (including wood piles) and growth around each structure for a distance of not less than 30 feet; B. Maintain a firebreak of at least 10 feet in all directions from liquefied propane (LP) gas tanks; C. Remove dead or dying trees, and remove the portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe; D. Keep roofs free of leaves and needles; E. Maintain a non-flammable screen with openings of no more than half inch in size over the outlet of every chimney and stovepipe; F. Parcels of 5 acres or less in size shall be mowed to a 3 inch -high stubble, or disked provided that such disking does not create fugitive dust emissions in violation of state air quality rules and that the owner takes all steps necessary to control fugitive dust emissions; G. Parcels larger than 5 acres in size shall be mowed to a 3 inch -high stubble, or disked around the perimeter of the parcel in a swath 100 feet wide and with a 100 foot wide "crisscross" through the center of the parcel provided that such disking does not create fugitive dust emissions in violation of state air quality rules and that the owner takes all steps necessary to control fugitive dust emissions. The Fire Chief is authorized to impose such additional requirements as may be necessary in order to ensure the abatement of an existing or potential fire hazard." Section 2: Chapter 8.08 of the Beaumont Municipal Code, entitled "Weeds and Waste Matter", is hereby amended by adding Section 8.08.023 which reads as follows: 1 "8.08.23 Enforcement, Inspection and Authority to Enter Property. A. Fire Chief Designee. For the purpose of enforcing or administering this Chapter, the Fire Chief may designate any person or persons as his/her deputy in the performance of duties imposed by this Chapter. B. Authority to Enter Property. For the purpose of enforcing or administering this Chapter, the Fire Chief (or designee) may enter any real property for the purpose of inspecting the property or for summary abatement activities whenever the Fire Chief (or designee) is informed or has reasonable cause to believe that a fire hazard exists, constituting a condition dangerous and injurious to the health or welfare of persons or to the public, including the environment, or is otherwise in violation of this Chapter. No person shall interfere with the entry of the Fire Chief (or designee) acting in the official course and scope of his duty." Section 3: Chapter 8.08 is hereby amended by adding Section 8.08.026 entitled "Summary Abatement Proceedings", to read as follows: "8.08.26 Summary Abatement Proceedings. In addition to the authority granted by law to the Fire Chief in exigent situations, the Fire Chief (or designee) is authorized to enter real property and summarily abate any fire hazard including, without limitation, combustible vegetation, determined by the Fire Chief (or designee) to constitute an immediate threat to public health or safety, without prior notice or hearing. The Fire Chief (or designee) shall, thereafter, seek recovery of the cost of abatement." Section 4: This Ordinance shall take effect as provided by law. MOVED, PASSED, and APPROVED this 19th day of September, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Member Gall, and Council Member St.Martin NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Berg and Council Member Fox MOVED, PASSED AND ADOPTED this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: None ATTES Deputy City Clerk Mayor 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) WEED - ORDINANCE #493 - 33248 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal Berk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: November 26, 2010 Executed on: 11/26/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, October 19, 2010 and Adopted Ordinance No. 983 at the regular City Council meeting of November 16, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 983 An Ordinance of the City Council of the City of Beaumont, California that will amend Sections 8.08 "Weeds and Waste Mather" of the Beaumont Municipal Code. The purpose of these amendments is to update Chapter 8.08 of the Beaumont Municipal Code to authorize summary abatement of combustible vegetation. This amendment includes adding property maintenance standards, enforcement, inspection, authority to enter property, and summary abatement proceedings. MOVED PASSED, and ADOPTED on the 16th day of November, 2010 by the following vote: AYES: Mayor De Forge, Council Member Berg, Fox, Gall and StMartin NOES: None ABSENT None ABSTAIN: None Date: November 22, 2010 Shelby Homey Administrative Services Manager Publish The Record Gazette No. 33248 11/26, 2010 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 983 - 30880 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: October 29, 2010 Executed on: 10/29/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, November 16, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, b receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 963 An Ordinance of the City Council of the City of Beaumont, California that will amend Sections 17.07.080.0 of the Beaumont Municipal Code. The purpose of this amendment is to update ride 17.07.080.0 "Special Event Signs'. Date: October 26, 2010 Rebecca Deming Assistant Director of Planning Publish The Record Gazette N0.30880 10129, 2010 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE # 983 - WEED - 28534 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: October 8, 2010 Executed on: 10/08/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, October 19, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 983 An Ordinance of the City Council of the City of Beaumont, California that will amend Sections 8.08' Weeds and Waste Matter' of the Beaumont Municipal Code. The purpose of this amendment is to update Chapter 8.08 of the Beaumont Municipal Code to authorize summary abatement of combustible vegetation. This amendment includes adding property maintenance standards, enforcement, inspection, authority to enter property, and summary abatement proceedings, Date: October 4, 201 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 28534 10/08, 2010 ORDINANCE NO. 984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.07.080.0 OF THE BEAUMONT MUNICIPAL CODE RE: "SPECIAL EVENT SIGNS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Subsection C of Section 17.07.080 of Chapter 17.07 of the Beaumont Municipal Code, entitled "Special Event Signs", is hereby amended in its entirety to read as follows: "C. Special Event Signs. Special event signs shall be permitted when they comply with the provisions of this subsection. Such signs are permitted for a limited period of time in any zoning district in connection with a special temporary event, such as (by way of example and not limitation), grand openings, parades, marches, demonstrations, carnivals, festivals, charitable events, special holiday season displays, etc., when such events comply with all applicable laws. Applicants for a special event signs shall submit a letter to the director that describes the proposed event by location, area and time duration. The application shall be processed in the same manner, and subject to the same appellate procedures, as an application for a sign permit. Special event sign permits shall be limited to the following provisions: 1. No more than one special event sign shall be permitted per special event and may be in the form of a banner or pennant. 2. The special event sign shall be a maximum of fifty (50) square feet in area (measured one side) and shall be no higher than ten (10) feet in the case of a ground sign. 3. Special event signs shall be limited to cumulative total of forty-five (45) days per calendar year." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 16th day of November, 2010, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and St.Martin NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of December, 2010, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall, and St.Martin NOES: None ABSTAIN: None ABSENT: None ATTES Deputy City C 1 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE # 984 - 34742 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 17, 2010 Executed on: 12/17/2010 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Counal conducted a public hearing on Tuesday, November 16, 2010 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 984 -An Ordinance of the city Council of the City of Beaumont, California that will amend Sections 17.07.080.0 of the Beaumont Municipal Code. The purpose of this amendment is to update Title 17.07.080.0 "Special Event Signs". Ordnance No. 964 was adopted at its second reading on December 7, 2010 by the following vote: AYES: Mayor De Forge, Council Members Berg, Fox, Gall and SLMartin NOES: None ABSTAIN: None ABSENT: None Date: December 8, 2010 Shelby Hanvey Administrative Services Manager Publish The Record Gazette No. 34742 12/17, 2010 AdManagerPro - Mediaspan Media Software 0- 4 E) A S P A N ADTAKING Find Reminders New... Ad... OTHER LEGAL ADS CITY OF BEAUMONT/LEGALS 550 EAST 6TH STREET BEAUMONT, CA 92223 Customer #00002451 , Class Liner Order #00034742 Summary Save CaceI 1( Custonier ) Show: Ad Cost Graphics Library Cost 49.88 Logout Adjustments 0.00 Tax 0.00 Net 49.88 Payments 0.00 Amount Due 49.88 User -Defined Cost User -Defined Cost 0.00 Receipts and Job Tickets Pow -1 oac RtN.C,Ir D.avvn ozic Jcb Ticket To Name LEGAL ADS To Address EMatt Receipt RECORD (7AZETTE Pe. 727 BANNING, CA 92220 http://74.100.228.218:8090/AMPWeb/OrderPrice.dojsessioni... 4 Summary Preview Copyright 9. 2009 MediaSpan Media Software. AS rights reserved. + Legal Advertisement NOT ICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, November 13, 2010 at ap- proximately 5:03 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 8th Street, Beaumont, Califor- nia 92223, to receive tffiti- mcny and comments from all interested persors re- garding the adoption of the following matters): Ordi- nance No. WA - An Ordi- nance d the City Council of the City d Beaumont, Cali- fomia that will amend Sec- tions 1707.0190.0 d the Eeaumont Municipal Code T re purpose of this amend ment is to update Title 17_07.093.0 "Special Event Signe. Ordinance No. 964 was adopted at its second reading on December 7, 2010 by trw tollovving vote: AYES: Maycr De Forge, Council Members Berg, Fcx, Gat and St.Martin NOES: Ncne ABSTAIN None ABSENT None Date: December 8, 2010 Shelby Hanvey Administrative Services Manager Publish The Record Gazette No. 34742 12117, 2010 40L1 1 46 Charlene Hunter ORDINANCE NO. 985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 1.17 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "ADMINISTRATIVE CODE ENFORCEMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 1.17, entitled "Administrative Code Enforcement", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 18th day of January, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 1st day of February, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By BRIAN DEF ?r`' GE, Mayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 985 duly introduced at a regular meeting of the City Council of the City of Beaumont held on January 18, 2011, and was duly adopted upon a second reading on February 1, 2011, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) fl Deputy City Clerk 2 CHAPTER 1.17 ADMINISTRATIVE CODE ENFORCEMENT Sections: 2/2/11 1.17.005 Statement of Purpose and Intent. 1.17.010 General Provisions. 1.17.015 Definitions. 1.17.020 General Enforcement Authority. 1.17.025 Authority to Inspect. 1.17.030 Service of Any Type of Notice or Ruling. 1.17.035 Recording a Notice of Pending Administrative Code Enforcement Action. 1.17.040 Continuing Violations. 1.17.100 Code Enforcement by Administrative Citation. 1.17.105 Administrative Citation Procedures. 1.17.110 Contents of an Administrative Citation. 1.17.115 Administrative Citation Fines; Assessment and Amounts. 1.17.120 Appeal of Administrative Citation. 1.17.125 Procedure for Notification of Administrative Appeal Hearings. 1.17.130 Administrative Hearing Officer. 1.17.135 Administrative Citation Appeal Hearing Procedures. 1.17.140 Failure To Attend Administrative Hearing. 1.17.145 Administrative Citation Appeal Ruling. 1.17.150 Liability of Responsible Parties. 1.17.155 Judicial Review of Administrative Citation Appeal Ruling. 1.17.160 Collection of Unpaid Fines, Penalties and Related Costs. 1.17.005 Statement of Purpose and Intent. A. Administrative Code Enforcement. The City Council has determined that the enforcement of the Beaumont Municipal Code throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life. The City Council has determined a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with Code regulations. The City Council finds a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings and further finds that there is a need to establish uniform procedures for the proper application of administrative code enforcement and administrative hearings to resolve administrative code enforcement cases and appeals. B. Administrative Code Enforcement Appeal Hearings. It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an administrative code enforcement action. Due process of law includes adequate notice of the violation and enforcement remedy chosen by the City, an adequate explanation of the reasons justifying the administrative code enforcement action taken by the City, and an opportunity to appeal. These procedures are also BMC Title 1:9 intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised by any administrative enforcement action. C. Policies and Procedures. The City Manager, or the designated representative thereof, is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of administrative hearing officers; the powers of administrative hearing officers; and all other matters relating to conducting administrative hearings as provided in this Code. 1.17.010 General Provisions. Sections 1.17.015 through 1.17.040 shall be deemed the general provisions of this Chapter. These sections shall apply to the Administrative Citation process (see Section 1.17.100 et seq.). 1.17.015 Definitions. The following definitions shall apply in the interpretation and enforcement of this Chapter: A. "Administrative Hearing Officer" shall mean any person appointed by the City Manager to preside at administrative hearings. B. "Enforcement Officer" shall mean any City employee or agent of the City authorized by the City Manager or Chief of Police to enforce any provision of this Code. C. "Person" shall mean any individual or legal entity, including but not limited to, a corporation, partnership, or trust. D. "Responsible Party" means each person committing the violation or causing a condition on a parcel of real property located within the City of Beaumont to violate the Beaumont Municipal Code; each person who has an ownership interest in that property; and each person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over that property. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed the responsible party. In the event the violation or violating condition is most reasonably attributable to a business and not to an employee, then that business, to the extent it is a legal entity such that it can sue and be sued in its own name, and each person who is an owner of that business shall each be deemed responsible parties. 1.17.020 General Enforcement Authority. A. Authority of Enforcement Officer. Notwithstanding any other provision of the Beaumont Municipal Code, an Enforcement Officer shall have the power to use the provisions of this Chapter to enforce any and all provisions of this Code and to use whatever judicial and administrative remedies are available under this Code. B. Administrative Citation Remedy Not Exclusive. The procedures established in this Chapter for the use of Administrative Citation process, and the procedures established in other Chapters of this Code for nuisance abatement and BMC Title 1:10 summary abatement as means for addressing violations of this Code, shall be in addition to criminal, civil or other legal or equitable remedies established by law that may be pursued to address violations of this Code and the use of this Chapter shall be at the sole discretion of the City. 1.17.025 Authority to Inspect. Enforcement Officers are authorized to enter upon any property or premises within the City to ascertain whether the property or premises is in compliance with the Beaumont Municipal Code, and to make any inspection as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples or other physical evidence, and the making of video and/or audio recordings. All such entries and inspections shall be done in a reasonable manner. If an owner, lawful occupant, or the respective agent thereof refuses permission to enter and/or inspect, the Enforcement Officer shall seek an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Section 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto. 1.17.030 Service of Any Type of Notice or Ruling. A. Methods of Serving Notice. Notwithstanding any other provision of this Code, any notice required to be given pursuant to this Chapter shall be served by any of the following methods: 1. Personal service; or 2. Certified mail, return receipt requested and first class mail to each Responsible Party at his or her last known address as it appears on the public records showing title to or ownership of the property that is the subject of an administrative enforcement action; and 3. Only as to those Responsible Parties who reside at or occupy the property that is the subject of an administrative enforcement action, as determined through diligent investigation: by posting the notice conspicuously on or in front of the subject property and mailing a copy of the notice to them by first class mail. B. When Notice is Deemed Served. Service by mail in the manner described above shall be effective on the date of mailing. A completed and signed "Proof of Service" form shall be maintained in the City's file. C. Effect of Failure to Receive Notice. The failure of any Responsible Party or other person with a legal or equitable interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code. BMC Title 1:11 1.17.035 Recording a Notice of Pending Administrative Code Enforcement Action. For the purposes of this Chapter: A. The Enforcement Officer may record, in the County Recorder's Office, a notice against a property that is the subject of a pending administrative code enforcement action. B. The notice of pendency or other notice of pending administrative action shall be in a form approved by the City Manager and shall describe the nature of the administrative action and refer to the applicable provisions of the Beaumont Municipal Code governing the pending administrative action. 1.17.040 Continuing Violations. Each day a violation of this Code continues to exist shall constitute a new, separate, and distinct violation. 1.17.100 of this Chapter: Code Enforcement by Administrative Citation. For the purposes A. Any person violating any provision of this Code may be issued an Administrative Citation by an Enforcement Officer as provided for in this Chapter. B. A Citation fine shall be assessed by means of an Administrative Citation issued by the Enforcement Officer and shall be payable directly to the City of Beaumont. C. Fines assessed by means of an Administrative Citation shall be collected in accordance with the procedures specified in this Chapter. 1.17.105 Administrative Citation Procedures. A. Upon discovering a violation of this Code, an Enforcement Officer may issue an Administrative Citation to a Responsible Party in the manner prescribed in this Chapter. The Administrative Citation shall be issued on a form approved by the City Manager. B. If the Responsible Party is a business, the Enforcement Officer shall attempt to locate the owner and issue the owner an Administrative Citation. If the Enforcement Officer can only locate the manager or on-site supervisor or employee, the Administrative Citation may be issued in the name of the business and given to the manager or on-site supervisor or employee. A copy of the Administrative Citation shall also be mailed to the owner in the manner prescribed in Section 1.17.030 of this Chapter. BMC Title 1:12 C. If the Responsible Party is an individual, the Enforcement Officer shall attempt to obtain the signature of that person on the Administrative Citation. If the Responsible Party refuses or fails to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of the Citation and subsequent proceedings. If the Responsible Party refuses to sign the Administrative Citation, then the Enforcement Officer shall write "refused" on the signature line for the Responsible Party. D. If the Enforcement Officer is unable to locate the Responsible Party for the violation at the property where the violation exists, then the Administrative Citation shall be mailed to the Responsible Party in the manner prescribed in Section 1.17.030 of this Chapter, and a copy posted in a conspicuous place on or near the property. E. The Administrative Citation shall also contain the printed name, identification number and phone number of the Enforcement Officer. F. The failure of any person with an ownership interest in the property to receive notice shall not affect the validity of any proceedings taken under this Chapter. 1.17.110 Contents of an Administrative Citation. A. The Administrative Citation shall specify the date and location of the violations and the approximate time, if applicable, that the violations were observed. B. The Administrative Citation shall identify each violation by the applicable Section number of this Code and by either the Section's title or a brief descriptive caption. C. The Administrative Citation may describe the action required to correct the violations. D. The Administrative Citation shall require the Responsible Party to correct the violation within the time stated in the Citation and shall state the consequences of failure to correct the violation. E. The Administrative Citation shall state the amount of the fine imposed for the violations. F. The Administrative Citation shall explain how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine. G. The Administrative Citation shall disclose the Responsible Party's appeal right. H. The Administrative Citation shall contain the printed name, identification number, and phone number of the Enforcement Officer and a signature line for the Responsible Party. BMC Title 1:13 1.17.115 Administrative Citation Fines; Assessment and Amounts. A. The amounts of fines to be imposed for a violation of this Code and assessed by means of an Administrative Citation shall be the amounts set forth in Section 1.16.030 of this Code. B. All fines assessed shall be payable to the City within thirty (30) calendar days from the date of the Administrative Citation. C. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that the fine is due shall also be liable for the payment of any applicable tate payment charges set forth in the schedule of fines. D. The City may collect any past due Administrative Citation fine or late payment charge by use of any available legal means. The City may also recover its collection costs. E. Any previously -paid Administrative Citation fine shall be refunded in accordance with Section 1.17.145 E if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation or that there was no violation as charged in the Administrative Citation. F. Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the City. G. If the Responsible Party fails to correct the violation, subsequent Administrative Citations may be issued for the same violations. The amount of the fine shall increase at a rate specified by this Chapter. 1.17.120 Appeal of Administrative Citation. A. Preliminary Supervisor Review. Before submitting a written request for hearing pursuant to paragraph B below, the Responsible Party may contact the Enforcement Officer's Supervisor to informally contest the propriety of the issuance of an Administrative Citation. The preliminary review is not intended to supersede the appeal; rather, it is a process by which a Citation may be summarily resolved prior to any appeal. B. Request for Hearing. Any recipient of an Administrative Citation may contest the Citation by submitting a written request for hearing and returning it to the City before the deadline for correction specified in the Citation, together with (i) an advance deposit of the total of all fines due and payable less the amount of the first fine imposed for a violation of this Code, or (ii) notice that a request for advance deposit hardship waiver has been filed pursuant to subsection (C) of this Section. BMC Title 1:14 C. Advance Deposit Hardship Waiver. 1. Any person who intends to request a hearing to contest a violation of the Code and who is financially unable to make the advance deposit of the fine as required may submit a written request for an advance deposit hardship waiver. 2. The written request shall be submitted to the Department specified on the Administrative Citation at the same time as the request to appeal. 3. The requirement to deposit the full amount of the fine shall be stayed unless or until the Department determines to deny the waiver. 4. The Department may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits, to the Department, a written declaration under penalty of perjury, together with any and all supporting documents, demonstrating to the satisfaction of the Department that the person's actual financial condition precludes the deposit of the full amount of the fine in advance of the hearing. 5. The Department shall issue a written determination within 5 business days listing the reasons for the determination to deny the advance deposit hardship waiver. The written determination of the Department specified in the Administrative Citation shall be final. 6. The written determination of the Department shall be served personally or by mail upon the person who applied for the advance deposit hardship waiver as provided in Section 1.17.030. 7. If the Department determines to deny an advance deposit hardship waiver, the person shall remit the deposit to the City within ten days of the date of the denial. 1.17.125 Procedure for Notification of Administrative Appeal Hearings. A. When the Responsible Party requests an appeal hearing, the Enforcement Officer shall schedule the date, time and place for the hearing before an Administrative Hearing Officer. B. A written Notice of Hearing setting forth the date, time, and place of that hearing shall be served on the Responsible Party at least ten (10) calendar days prior to the date set for that hearing. The hearing shall be set on a date that is not less than 10 calendar days nor more than 60 calendar days from the date the written Notice is served. BMC Title 1:15 C. The Notice of Hearing shall be served by any of the methods of service listed in Section 1.17.030 of this Chapter. D. The Notice of Hearing shall include an itemized statement of the amount of Administrative Citation fines the City seeks to be assessed by the Administrative Hearing Officer. 1.17.130 Administrative Hearing Officer. A. Qualifications. The City Manager or the designated representative thereof shall promulgate rules and procedures as may be necessary to contract with qualified persons capable of acting as Administrative Hearing Officers. B. Independent Authority. The employment and compensation of the Administrative Hearing Officer shall not be directly or indirectly conditioned upon the amount of the administrative fines assessed by the Administrative Hearing Officer. C. Disqualification. Any person designated to serve as an Administrative Hearing Officer shall be neutral and shall be disqualified for bias, prejudice, interest, or for any other reason a judge may be disqualified in a court of law. D. Powers. The Administrative Hearing Officer shall have the power to: 1. Conduct administrative appeal hearings as provided under the authority of this Code; 2. Continue a hearing based on good cause shown by one of the parties to the hearing or upon his independent determination that due process has not been adequately afforded to a Responsible Party; 3. Exercise continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, or ensuring compliance with an Administrative Citation; 4. Rule upon the merits of an administrative appeal hearing upon consideration of the evidence submitted, and issue a written decision resolving the appeal; 5. Uphold or deny a fine authorized under this Code; and 6. Where appropriate, and as a condition of compliance in correcting the violations at issue, order the Responsible Party to cease violating this Code and to make all necessary corrections as specified by the City by a specified deadline. BMC Title 1:16 1.17.135 Administrative Citation Appeal Hearing Procedures. A. No hearing to contest an Administrative Citation before an Administrative Hearing Officer shall be held unless the total amount of the fine(s) has been deposited in advance or an advance deposit hardship waiver has been issued. B. Administrative appeal hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Other than copies of Citations, notices, notice and orders, and inspection reports served on the Responsible Parties as part of the enforcement action giving rise to the hearing, no pre -hearing discovery of the City's evidence shall be permitted. C. The Administrative Citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. D. The City bears the burden of proof at an administrative appeal hearing to establish the existence of a violation of this Code. E. The party contesting the Administrative Citation shall be given the opportunity to present testimony and documentary evidence concerning the Administrative Citation. F. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case. G. The only evidence that shall be permitted at the hearing and considered by the Administrative Hearing Officer in reaching a decision is that evidence that is relevant to the proof or disproof of: 1. Ownership of the subject property, when applicable; 2. Whether a person noticed by the City as a Responsible Party is, in fact, a Responsible Party; 3. Whether a violation of this Code occurred and/or continues to occur on the date or dates specified in the citation, notice, or notice and order; 4. Whether the Responsible Party has caused, maintained or permitted a violation of this Code on the date or dates specified in the Citation. H. A preponderance of the evidence shall be the standard of proof used by the Administrative Appeal Hearing Officer in deciding the issues at an administrative hearing. BMC Title 1:17 1. The Administrative Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the Responsible Party before issuing a written decision. 1.17.140 Failure to Attend Administrative Hearing. Any Responsible Party who fails to appear at the hearing shall constitute a forfeiture of the Citation fine and shall be deemed to have waived the right to a hearing, the adjudication of the issues related to the hearing, any and all rights afforded under this Code, and shall be deemed to have failed to exhaust their administrative remedies, provided that notice of the hearing had been served as required by this Chapter. 1.17.145 Administrative Citation Appeal Ruling. A. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Officer shall issue a written decision ("Administrative Citation Appeal Ruling") to uphold or cancel the Administrative Citation and shall state in the decision the reasons for the decision. B. If the Administrative Hearing Officer determines that the Administrative Citation(s) should be upheld, then the amount of the fine(s) set forth in the Citation(s) shall not be reduced or waived for any reason, and the amount of the fine on deposit with the City shall be retained by the City. C. If the Administrative Hearing Officer determines that the Administrative Citation(s) should be upheld and some or all of the fine has not been deposited pursuant to an advance deposit hardship waiver, the Administrative Hearing Officer shall set forth in the decision a payment schedule for the fine. D. If the Administrative Hearing Officer determines that the Administrative Citation should be canceled and the fine was deposited with the City, then the City shall refund the amount of the deposited fine by mail. E. The Administrative Citation Appeal Ruling shall be served on all parties means of the methods listed in Section 1.17.030 of this Chapter. F. The Administrative Hearing Officer's written decision shall become final on the date of mailing of the Administrative Citation Appeal Ruling. 1.17.150 Liability of Responsible Parties. For the purposes of this Chapter, each Responsible Party shall be jointly and severally liable for any and all administrative fines assessed under this Chapter. 1.17.155 Judicial Review of Administrative Citation Appeal Ruling. Once the Administrative Hearing Officer's written decision becomes final as provided in this Chapter, the time in which judicial review of the order must be sought shall be BMC Title 1:18 governed by California Government Code Section 53069.4, as that section may be amended from time -to -time, or the successor provision thereto. 1.17.160 Collection of Unpaid Fines, Penalties and Related Costs. A. Unpaid fines arising from Administrative Citations or other administrative enforcement actions as provided by this Code (e.g. nuisance abatement) shall be a debt to the City and subject to all remedies for debt collection as allowed by law. The City shall be entitled to interest from the date the order becomes final or thirty (30) days after the first billing whichever date is later. B. The failure of any person to pay the fines assessed by an Administrative Citation within the time specified on the Citation may result in the City filing a claim with the Superior Court of California, County of Riverside, Small Claims Division or other appropriate Division. Alternatively, the City may pursue any other legal remedy to collect the citation fines. C. When a violation involves real property and the fines, penalties, and related costs are not paid within the prescribed time, the amount of those fines, penalties, and their related costs may be recorded as a lien upon and against the real property without further hearing, subject to notice of the lien as required by law. D. The notice of lien shall be in this form: BMC Title 1:19 NOTICE OF LIEN Claim of the City of Beaumont, California. Pursuant to the authority vested by Chapter 1.17 of the Beaumont Municipal Code, the amount of uncollected fines, penalties, and related costs may be recorded as a lien upon and against the real property where the violation of law occurred and which is the subject of the administrative enforcement action(s) resulting in the award, imposition, or assessment of a fine, penalty and all costs associated therewith. On _ (date) _ an Administrative Hearing Officer conducted (as an evidentiary proceeding) an administrative hearing, pursuant to the applicable provisions of the Beaumont Municipal Code. Following the presentation of evidence and the issuance of a ruling in the matter, the Administrative Hearing Officer upheld a fine or awarded, imposed, or assessed a monetary penalty in the amount of and assessed administrative costs in the amount of as set forth in the (type of administrative hearing order) issued on (date) . Whereby the City of Beaumont does hereby claim a lien for these sums as yet unpaid in the amount of and this sum shall be a lien upon the parcel of real property identified herein until that principal sum, and the sum of any interest upon that principal as may be allowed by law and calculated at the then existing legal rate, has been paid in full and discharged of record. The real property upon which this lien is claimed is that certain parcel of land, the structures thereon and any appurtenances connected thereto and located within the City of Beaumont, County of Riverside, State of Califomia, and particularly described as follows: (Legal Description) (Street address, if any) (Assessor's Parcel Number) Further, the City of Beaumont gives NOTICE that this Notice of Lien shall not be deemed or construed to prohibit the City of Beaumont from making additional claims and giving and recording one or more Notices of Lien thereon as may be required in those cases where the principal sum claimed, as a fine or penalty awarded, imposed, or assessed, is subject to a cumulative accrual at a fixed daily rate until the date the violations are corrected in full to the satisfaction of the City, or the legal maximum limit (cap) of that penalty has been reached, or the total amount of the lien has been paid in full. DATED this day of (year) City Clerk of the City of Beaumont, California. D. Alternatively, unpaid fines or penalties and their related costs, arising from Administrative Citations, Administrative Civil Penalties actions or other administrative enforcement actions as provided by this Code, involving real property may also constitute assessment liens and be collected as special assessments by the Riverside County Treasurer -Tax Collector. BMC Title 1:20 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ADMINISTRATIVE CODE -39166 State of California Countyof Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; l am over the age of eighteen years, and not a party to or intensted in the above matter. I am the principal clerk of the printerand publisher of Record Gazette, a newspaper publishedin the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 11, 2011 Executed on: 02/11/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, February 1, 2011, at approximately 6:00 p.m. in the Room 5 at the Beaumont Ode Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from aft interested persons regarding the adoption of the following malteds): An Ordinance of the City Council tithe City of Beaumont, Cal7omia amending Chapter 1.17 of the Beaumont Munidpal Code Entitled 'Administrative Code Enforcemenr It is the purpose and intent of Ordinance 9985 to amend Chapter 1.17 of the Beaumont Municipal Code "Administrative Code Enforcement Remedies'. The City Council finds a need to draft predse regulations that can be effectively applied in judicial and administrative Proceedings and further finds that there is a need b establish uniform procedures for the proper application of administrative code enforcement and administrative hearings b resolve administrative code enforcement cases and appeals. Ordinance 9985 was adopted at its seoond reading on February 1, 2011 by the following vote: AYES: Mayor De Forge, Mayor Pro Tem Berg, Coundl Members Castaldo, Fox, Gall NOES: NONE ABSTAIN: NONE ABSENT: NONE Name: Christina Bowser Title: Code Compliance Officer Dated February 8, 2011 Publish The Record Gazette No. 39166 02/11, 2011 ORDINANCE NO. 986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING SECTION 10.10.025 TO CHAPTER 10.10 OF THE BEAUMONT MUNICIPAL CODE RESTRICTING RV PARKING ON COMMERCIAL, RETAIL AND SHOPPING CENTER PROPERTIES THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 10.10 of the Beaumont Municipal Code is hereby amended to add Section 10.10.025 to read as follows: 10.10.025: Overnight Parking Restriction on Commercial, Retail and Shopping Center Properties It shall be unlawful for any person to park a recreational vehicle on a commercial, retail, or shopping center property for more than 12 hours in any seven -consecutive -day period when such property is posted with a sign at each entrance thereof providing notice of this parking restriction, unless such person first obtains a permit from the Chief of Police. Only one permit shall be issued in any seven- day period. Section 2. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 4th day of October, 2011, by the following vote: AYES: Mayor De Forge, Council Members Berg, Fox, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Castaldo MOVED, PASSED AND ADOPTED this 1st day of November, 2011, upon second reading by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATT. T: Deputy City Clerk Mayor De For City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Eivail: ciryhall@ci,heaniuonr,ca.us www,ci.heaumonr,ca,us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 10.10.025 TO CHAPTER 10.10 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "OVERNIGHT PARKING RESTRICTION ON COMMERCIAL, RETAIL AND SHOPPING CENTER PROPERTIES". It is the purpose and intent of this Ordinance to add Section 10.10.025 to Chapter 10.10 prohibiting the owner or person in control of any recreational vehicle to park, for more than 12 hours, on commercial, retail and shopping center properties, and to obtain a permit from the police department. Date: September 23, 2011 Shelby Hanvey Deputy City Cle Publish one time only in the Record Gazette on September 23, 2011 Record Ga:z.'e 218 N. Murray St. Proof of Publication (2015.5 C.P.) PARKING ORDINANCE 4986-56090 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a news taper of general circulation as define: by the laws of the star: ci California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaaer and not in any supplement thereof on the following dates to -wit: September 23, 2011 Executed on: 09/23/2011 At Banning , CA I ceritfy (or de )are) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council wit conuuct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m, in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony 9rid comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 986 An Ordinance of the City Council of the City of Beaumont, Californi adding section 10.10.025 to Chapter 10.10 to the Beaumont Municipal Code Entitled "';v5rnight Parking Restriction on Commercial, Retail and Shoppi,ig Center Properties". '; .s ?'ie purpose and intent of this Ordinance to add Section 10.10.025 to Chapter 10.10 prohibiting the owner or person in control of any recreational vehicle to park, for more than 12 h.urs, on commercial, retail and shopping center properties, and to obtain a permit from the police department. Date: September 20, 2011 Shelby Hanvev Deputy City Clerk Publish The Record Gazette No. 56090 09/23, 2011 ORDINANCE NO. 987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 17.15 TO TITLE 17 (ZONING) OF THE BEAUMONT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND THE OPERATION OF MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES IN THE CITY; OR, IN THE EVENT A BAN IS HELD UNLAWFUL BY THE JUDICIARY, TO REGULATE THE ESTABLISHMENT OF COOPERATIVES AND COLLECTIVES THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Purpose The purpose of this Ordinance is to enact a complete and total prohibition of medical cannabis dispensaries in the City of Beaumont or, in the event that a ban is held unlawful by a final decision of a California Court of Appeal or by the California Supreme Court, to regulate medical cannabis dispensaries in a manner to mitigate potential health, safety and welfare impacts that medical cannabis dispensaries may have on surrounding properties and persons, consistent with and in conformance with the California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the "Compassionate Use Act of 1996" and the "Medical Marijuana Program." Therefore, if a final decision of the California Court of Appeal or the California Supreme Court determines that a municipality, such as the City of Beaumont, may not ban medical cannabis dispensaries from all zones within its jurisdiction, then Beaumont Municipal Code Section 17.15.050 shall become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City consistent with and in conformance with the provisions of the Compassionate Use Act and the Medical Marijuana Program. Section 2. Findings (1) On February 8, 2011, at a duly noticed public hearing and public meeting held in accordance with Government Code § 65854 and the City's Municipal Code, the Planning Commission held a public hearing, heard and considered all testimony and arguments, written and oral, of all persons desiring to be heard, and considered all facts relating to the proposed zoning ordinance, adding Chapter 17.15, entitled "Prohibition of Medical Marijuana Cooperatives or Collectives" to Title 17 (Zoning) of the Beaumont Municipal Code ("Zoning Ordinance"). Upon holding and closing the public hearing, the Planning Commission recommended that the City Council approve and adopt the Notice of Exemption, and adopt the proposed Zoning Ordinance. (2) Notice of the public hearing was published in The Record -Gazette, a newspaper of general circulation, on January 28, 2011, more than 10 days prior to February 8, 2011, and in compliance with Government Code § 65854. Page 1 of 18 (3) At the March 1, 2011, duly noticed public hearing, held in accordance with Government Code § 65854 and the City's Municipal Code, the City Council heard and considered all testimony and arguments, written and oral, of all persons desiring to be heard, and the City Council considered all facts relating to this Zoning Ordinance. (4) On November 5, 1996, the voters of the State of California approved Proposition 215, which enacted the Compassionate Use Act of 1996, codified at California Health and Safety Code § 11362.5 ("the Act" or "the Compassionate Use Act"). The Act decriminalizes otherwise unlawful possession and cultivation of cannabis for certain medical purposes under certain limited and specified circumstances. (5) Despite voter approval of the Compassionate Use Act, various problems and uncertainties in the Act impeded the ability of law enforcement to interpret and enforce the law, and hindered persons eligible to use cannabis for medical purposes from doing so, while many persons took advantage of the Act to use cannabis for recreational and not medicinal purposes. (6) In 2003, the California Legislature enacted Senate Bill 420, effective January 1, 2004, adding Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and Safety Code § 11362.7, et seq. ("the Program" or "the Medical Marijuana Program"). The Medical Marijuana Program created a state - approved voluntary medical cannabis identification card program and provided for certain additional immunities from state cannabis laws. The Medical Marijuana Program also authorized cities and other local governing bodies to adopt and enforce rules and regulations consistent with the Program. (7) While the Medical Marijuana Program was intended to clarify the scope of the Act, neither the Federal nor the State government has to date implemented a specific plan "to provide for the safe and affordable distribution of cannabis to all patients in medical need of cannabis," leaving unanswered numerous questions as to how the Compassionate Use Act and Medical Marijuana Program should be implemented, particularly in regard to the distribution of medical cannabis through facilities commonly referred to as medical cannabis dispensaries. (8) The chief purposes of the Compassionate Use Act are: (a) to give Californians the right to obtain and use cannabis in the medical treatment of illnesses for which it provides appropriate relief, as recommended by a physician, and (b) to ensure that patients and their primary caregivers who obtain and use cannabis for medicinal purposes upon recommendation of a physician are not subject to criminal prosecution or sanction. As such, the primary intention of the Compassionate Use Act was to provide seriously ill Californians with the right to use cannabis for medicinal purposes, without facing criminal penalties otherwise imposed under the State law, and not to legalize cannabis for recreational use, legitimize illegal drug use or fuel the market for the illegal drug sales. Page 2 of 18 (9) The Compassionate Use Act is limited in scope, in that it only provides a defense from criminal prosecution for possession and cultivation of cannabis to qualified patients and their primary caregivers. The scope of the Medical Marijuana Program is also limited in that it establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering or distributing cannabis. (10) Since the passage of the Compassionate Use Act, the Medical Marijuana Program appears not to have facilitated its stated goals but instead the predominant use of cannabis has been for recreational and not -medicinal purposes. As the report issued by California Chiefs Association on September 2009, entitled "California Chiefs Association Position Paper on Decriminalizing Marijuana" states, "[i]t has become clear, despite the claims of use by critically ill people that only about 2% of those using crude Marijuana for medicine are critically ill. The vast majority of those using crude Marijuana as medicine are young and are using the substance to be under the influence of THC [tetrahydrocannabinol] and have no critical medical condition." California Chiefs Association's Position Paper on Decriminalizing Marijuana (dated September, 2009), see Exhibit C to the Staff Report. This report is also available in the City Clerk's Office. (11) Facilities purportedly dispensing cannabis for medicinal purposes are commonly referred to or known as a medical cannabis dispensary, medical cannabis cooperative, or medical cannabis collective. However, these terms are not defined anywhere in the Compassionate Use Act nor Medical Marijuana Program. Significantly, nothing in the Act or the Program specifically authorizes the operation and the establishment of medical cannabis dispensing facilities. (12) Further, neither the Compassionate Use Act nor Medical Marijuana Program require or impose an affirmative duty or mandate upon local governments, such as the City of Beaumont ("Beaumont" or "City"), to allow, authorize or sanction the establishment and the operation and establishment of facilities dispensing medical cannabis within its respective jurisdictions. Moreover, the Compassionate Use Act did not create a constitutional right to obtain cannabis. (13) Health and Safety Code § 11362.765 specifically prohibits the cultivation or distribution of medical cannabis for profit. (14) Notably, the Act does not abrogate the City's powers to regulate for public health, safety and welfare. Health and Safety Code § 11362.5(b)(2) provides that the Act does not supersede any legislation intended to prohibit conduct that endangers others. And, Health and Safety Code § 11352.83 authorizes cities and counties Page 3 of 18 to adopt and enforce rules and regulations consistent with the Medical Marijuana Program. (15) On August 25, 2008, Edmund G. Brown, the California Attorney General, issued "Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use" ("the Guidelines") pursuant to Health and Safety Code §11362.81(d), which authorizes the Attorney General to "develop and adopt appropriate guidelines to ensure the security and non -diversion of cannabis grown for medical use by patients qualified under" the Compassionate Use Act. Nothing in the Guidelines imposes an affirmative mandate or duty upon local governments, such as Beaumont, to allow, sanction or permit the establishment or the operation of facilities dispensing medical cannabis within their jurisdictional limits. (16) In adopting this Zoning Ordinance, the City Council takes legislative notice of the following cases that it finds to be relevant to its actions: People v. Mentch (2008) 45 Ca1.4th 274 [regarding the California Supreme Court's analysis of the limited application and scope of the Act and the Program, and its holding that a "primary caregiver" status requires a specified showing of consistently providing care, independent of any assistance in taking medical cannabis, at or before the time of assuming the responsibility of assisting with medical cannabis]; People ex rel. Lungren v. Peron (1997) 59 Cal.App.4th 1383 [the California Court of Appeal recognizing the limited scope of the Act and the Program, and holding that filling out a form that designates a commercial enterprise as the qualified patient's "primary caregiver" is insufficient to establish a caregiver status]; Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920 [California Supreme Court holding that an employee may be terminated for the use of medical cannabis]; Claremont v. Kruse (2009) 177 Cal.App.4th 1153 [California Court of Appeal holding that neither the Act nor the Program expressly or impliedly preempt local exercise of land use and zoning police powers]; People v. Mower (2002) 28 Ca1.4th 457 [California Supreme Court holding that the defenses accorded by the Act are limited to "patients and primary caregivers" for the possession and cultivation of cannabis only]; People v. Urziceanu (2005) 132 Cal.App.4th 747 [California Court of Appeal noting that courts consistently have rejected attempts to broaden the scope of the Act and the Program and recognizing that the Act did not create a constitutional right to obtain cannabis]; People v. Hochanadel (2009) 176 Cal.App.4th 1997, California Court of Appeal concluding that the storefront dispensary did not operate within the Act and the Program]; City of Lake Forest v. Moen et al. (Case No. 30-2009-0029887-CU- MC-CJC) [trial court granting Lake Forest's preliminary injunction and finding that (a) a city's power to enact land use or zoning laws, and a city's enforcement of existing local laws is not preempted by the Compassionate Use Act and Medical Marijuana Program; and (b) under Government Code Section 37100, Lake Forest could not have promulgated local regulations allowing the use, sale or distribution of cannabis because cannabis remains an illegal drug under the Federal Controlled Substances Act]. Page 4 of 18 (17) Cannabis remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq. and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision. Further, the Federal Controlled Substances Act, 21 U.S.C. § 841, makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense cannabis. The Controlled Substances Act contains no statutory exemption for the possession of cannabis for medical purposes. (18) The City Council, in adopting this Zoning Ordinance, takes legislative notice of the following federal cases: United States v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483 [finding that there is no medical necessity defense or exemption for the possession of medical cannabis under the federal Controlled Substances Act]; Gonzalez v. Raich (2005) 545 U.S. 1 [holding that under the Commerce Clause of U.S. Constitution, the Congress can prohibit the manufacture, cultivation, distribution and possession of cannabis pursuant to the Federal Controlled Substances Act, even as such prohibitions apply to cannabis manufactured, cultivated, distributed or possessed under the auspices of the Act] and James v. City of Costa Mesa et al. (Case No. SACV 10-402 AG (MLGx)) [District Court ruling denying plaintiffs' preliminary injunction and finding that medical cannabis users are not qualified individuals under the Americans with Disabilities Act because cannabis remains an illegal drug under the Federal Controlled Substances Act]. (19) The City Council, in adopting this Zoning Ordinance, takes further legislative notice of the existence and content of the following reports concerning the negative secondary effects and adverse impacts of facilities dispensing medical cannabis: "California Police Chief's Association Position Paper on Decriminalizing Marijuana" (September 2009); "White Paper on Marijuana Dispensaries" issued by California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009); "City Attorney's Report to the San Diego City Council Committee on Public Safety and Neighborhood Services on Medical Marijuana" (dated July 24, 2009); "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, July through September 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, April to June 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, January to March 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, September to December 2007; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association; "White Paper Medical Marijuana: History and Current Complications", issued by Riverside County District Attorney's Office, September 2006. These reports are attached to the Staff Report as Exhibits B through J, inclusive. These reports are also on file and available at the City Clerk's Office. Page 5 of 18 (20) In adopting this Zoning Ordinance, the City Council also takes notice of the existence and contents of the various newspaper articles concerning negative secondary effects and adverse impacts of facilities dispensing medical cannabis, identified in the Staff Report as Exhibit K and on file and available at the City Clerk's Office. The City Council finds that these reports are relevant to the problems addressed by the City of Beaumont in enacting this Zoning Ordinance to preserve and safeguard public health, safety and welfare by protecting against the negative secondary effects and adverse impacts of facilities dispensing medical cannabis, and more specifically finds that these reports provide convincing evidence that: (A) There is substantial evidence that other California cities that have permitted the establishment and operation of facilities for the purpose of dispensing medical cannabis have experienced negative secondary effects and adverse impacts, including an increase in crimes of cannabis and narcotics distribution and use; an increase in other criminal activities in the vicinity of these facilities, such as robbery of patients as they go in or leave the dispensaries, increased instances of DUIs and street dealings of illegal drugs; burglary of facilities dispensing medical cannabis; increase in violent crimes, such as armed robberies and murders; Toss of trade for other commercial businesses located near these facilities; organized crime involvement in the ownership and operation of cannabis dispensaries; money laundering and firearm violations; physicians making recommendations for questionable or potentially questionable cases of qualified use of medical cannabis; unjustified and fictitious physician recommendations; street dealers in the vicinity of dispensaries offering cannabis at a lower price to arriving patrons; smoking of cannabis in public; increased noise and pedestrian traffic. (B) In light of the negative secondary effects and adverse impacts, described above, the City Council finds that operation of facilities dispensing medical cannabis will burden and strain the City's law enforcement resources, in that law enforcement assistance would often be required to address and respond to various identified criminal activities. (C) California communities, including those in Riverside County, have also experienced the operation of facilities dispensing medical cannabis as negatively affecting minors. For example, medical cannabis dispensaries advertise to high school students by leaving fliers on cars in the students' parking lot and offering discounts on cannabis products; medical cannabis shops target healthy kids as young as 14 years of age through street contacts, suggesting that students obtain medical cannabis cards; high school students are reportedly obtaining physician recommendations to use cannabis for such conditions as sleeplessness and stress; minors are obtaining medical cannabis cards or a physician's recommendation for recreational and non -medicinal purposes. The City Council recognizes the possible harmful effects on children and minors exposed to the negative secondary effects and adverse impacts of facilities dispensing medical Page 6 of 18 cannabis and recognizes the need to adopt this Zoning Ordinance, which will minimize and/or eliminate such exposure. The City Council further recognizes that the threat to minors, children and students in the Beaumont community is even more significant because the community is a small, family-oriented community and any nonconforming medical cannabis cooperatives and collectives will be located in close proximity to public and private schools, as well as youth oriented establishments. (D) California communities, including those located in Riverside County, have reported that the majority of facilities dispensing medical cannabis, purportedly as "cooperatives" or "collectives", are operating in violation and contrary to the Act and the Program, in that these cannabis dispensing facilities are large money -making enterprises and are generally operating for profit; are engaging in the "sale" of cannabis, instead of distributing or making cannabis available to qualified persons. (E) In addition to the illegal operations of these money -making entities that sell cannabis, California communities have reported concerns over the quality of cannabis, in that certain chemicals including pesticides and insecticides, have been discovered in the cannabis. Recently, testing of certain "medical marijuana" distributed through a dispensary in Los Angeles County revealed high levels of Bifenthrin, a known form of pesticide or insecticide. Most cannabis dispensaries do not test the cannabis for dangerous and poisonous substances, nor are warning labels generally attached. Additionally, the Sheriffs Department has reported an incident involving an allergic reaction by an individual ingesting a food product containing cannabis at one of the cannabis dispensaries operating in a nearby city. The unmonitored, untested and unlabeled distribution of cannabis poses serious health and safety concerns. (F) These reports and experiences from other California cities and counties establish by convincing evidence that facilities dispensing and distributing medical cannabis negatively impact the health, safety and welfare of the community because of the secondary negative effects and adverse impacts described in Subparagraphs (A) - (E), above. (G) Relying on the foregoing, the City Council also finds that facilities dispensing and distributing medical cannabis may lead to the detrimental secondary effects and adverse impacts specifically described in Subparagraphs (A) -(F), above. The City bases this conclusion on the experiences of California communities, including those in Riverside County, which the City Council has a reasonable basis to believe reflect the experiences of its own community. (21) Moreover, persons in the City of Beaumont that may be in need of medical cannabis have access to facilities dispensing cannabis in neighboring cities within Riverside County, and a short car ride away including, but not limited to, the City of Palm Springs. Page 7 of 18 (22) Pursuant to the City's police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the Beaumont Municipal Code, the City Council has the power to regulate permissible land uses throughout the City and to enact regulations for the preservation of public health, safety and welfare of its residents and community. And, pursuant to Government Code § 38771 the City also has the power through its City Council to declare actions and activities that constitute a public nuisance. (23) The City Council finds that neither the Act nor the Program preempt the City's exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety and welfare, such as this Zoning Ordinance prohibiting the establishment and operation of medical cannabis cooperatives and collectives within the City. 24) The City Council finds that the public health, safety and general welfare of the City and its residents necessitates and requires the adoption of this Zoning Ordinance, prohibiting the establishment and operation of medical cannabis cooperatives and collectives, in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing medical cannabis, as more specifically described in Paragraph 20, above; (b) preserve and safeguard the minors, children and students in the community from the deleterious impacts of medical cannabis facilities; and (c) preserve the City's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the City's law enforcement resources. The City Council further finds that due to the negative secondary effects and adverse impacts of facilities dispensing medical cannabis, the establishment and the operation of these facilities will negatively impact residential uses and neighborhoods of the City, in that Beaumont is a small, family-oriented, residential community. (24) This Zoning Ordinance is consistent with the City of Beaumont General Plan in that the General Plan, its objectives, policies and goals do not permit or contemplate the establishment or operation of medical cannabis cooperatives, collectives or similar facilities that engage solely in dispensing of cannabis for medicinal purposes. Section 3. Amendment of Title 17 (Zoning) of Beaumont Municipal Code Chapter 17.15, entitled "Prohibition or, Alternatively, Regulation of Medical Cannabis Cooperatives or Collectives" is hereby added to Title 17 (Zoning) of Beaumont Municipal Code to read in its entirety as follows: Page 8 of 18 CHAPTER 17.15 PROHIBITION OR, ALTERNATIVELY, REGULATION OF MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES Sections: 17.15.010 17.15.020 17.15.030 17.15.040 17.15.050 Purpose Definition Medical Cannabis Cooperatives and Collectives Prohibited Violation and Enforcement Medical Cannabis Dispensary Regulations 17.15.010 Purpose. It is the purpose and intent of this Chapter to preclude the opening, establishment and operation of Medical Cannabis Cooperatives and Collectives in the City, unless otherwise provided in this Chapter. 17.15.020 Definition. "Medical Cannabis Dispensary" "Medical Cannabis Cooperative" or "Collective" or "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where medical cannabis is made available to, distributed by, or distributed to, one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code section 11362.5 et seq., as amended. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 and 11362.775 et seq.. 17.15.030 Medical Cannabis Cooperatives and Collectives Prohibited. A. Medical Cannabis Cooperative or Collective is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a Medical Cannabis Cooperative or Collective within the City. Page 9 of 18 B. The establishment, maintenance or operation of a Medical Cannabis Cooperative or Collective within the City is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available legal remedies including, but not limited to, declaratory relief and civil injunctions. 17.15.040 Violation and Enforcement. The establishment, maintenance or operation of a Medical Cannabis Cooperative or Collective in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of Title 17 (Zoning) or Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or Beaumont Municipal Code, including but not limited to Chapter 1.17 and Chapter 8.32. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized under the law. 17.15.050 Medical Cannabis Dispensary Regulations. A. Application. The purpose of this Section is to regulate medical cannabis dispensaries in the event a final decision of the California Court of Appeal or the California Supreme Court determines that a municipality, such as the City of Beaumont, may not completely ban medical cannabis dispensaries from all zones within its jurisdiction. This Section 17.15.050 shall have no force or effect until such time as the prohibition enacted pursuant to Sections 17.15.010 through 17.15.040 of this Chapter is rendered void as a matter of law, as determined by a Court of competent jurisdiction. B. Purpose and Intent. This Section 17.15.050 provides standards for Medical Cannabis Dispensaries, as defined herein. It is the purpose and intent of this Section to regulate medical cannabis dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. It is neither the intent nor effect of this Section to condone or legitimize the use of cannabis. Prior to submitting an application for a Conditional Use Permit, the applicant shall be approved through the qualifying process established by the City Council. In the qualifying process, the items submitted shall include but not be limited to: a resume of experience, proof of assets available, prior Code violations, type of organization, business plan, staffing plan, security plan, and any applicable fees. The Conditional Use Permit application may be submitted concurrently with the permit application to the Police Department as required by Chapter 5.63. C. Definitions. "Cannabis/marijuana" means all parts of the Cannabis plant; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or resin. It does not include the mature stalks of the plant, fiber produced from the Page 10 of 18 stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis clone" means a rooted cutting from a cannabis plant not to exceed 10 inches in height. "Cannabis cloning" means the process of using a root cutting from a cannabis plant to grow a genetically identical cannabis plant. "Collective" means a business, farm, etc., jointly owned and operated by the members of a group that facilitates the collaborative efforts of patients and caregiver members - including the allocation of costs and revenues. "Drug paraphernalia" shall have the same definition as California Health and Safety Code section 11362.5, and as may be amended. "Identification card" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Medical Cannabis Dispensary" means any facility or location, whether fixed or mobile, where medical cannabis is made available to, distributed by, or distributed to, one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code section 11362.5 et seq., as amended. "Medical Cannabis Cultivation" means the growing of cannabis for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq. For the purposes of this Section, the care of clones exceeding 10 inches in height is considered cultivation. "Medical Services (Land Use)" means the facilities that provide personal health services, ranging from prevention to diagnosis, treatment and rehabilitation, by physicians, dentists, nurses, and other health professional personnel, as well as medical testing and analysis services and care facilities (does not include Medical Cannabis Dispensaries). "Person with an identification card" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Primary caregiver" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. Page 11 of 18 "Qualified patient" shall have the same definition as California Health and Safety Code section 11362.5 et seq., and as may be amended. "Serious medical condition" shall have the same definition as California Health and Safety Code section 11362.7 et seq. "Statutory Cooperatives" must file articles of incorporation with the state and conduct its business for the mutual benefit of its members (Corp. Code, ' ' 12201, 12300) and register as a corporation under the Corporations or Food and Agricultural Code. (Id. at ' 12311 (b).) The earnings and savings of the business must be used for the general welfare of its members or equitably distributed to members in the form of cash, property, credits, or services. "Written recommendation" shall have the same definition as California Health and Safety Code section 11362.7 et seq. and as may be amended. D. Conditional Use Permit Required. A Conditional Use Permit shall be required for Medical Cannabis Dispensaries. There shall be no more than two (2) valid Conditional Use Permits initially permitted, and no more than one (1) valid Conditional Use Permit per every 25,000 population of the City of Beaumont above 50,000. The population shall be according to the most recent poll by the California State Department of Finance. A Medical Cannabis Dispensary shall not be increased in size (i.e., size, floor area) without prior approval amending the existing Conditional Use Permit. The Conditional Use Permit submittal shall be in compliance with BMC Section 17.02.100. E. Zoning Restrictions. Medical Cannabis Dispensaries shall be conditionally permitted only within the following Zoning Districts, subject to approval of a Conditional Use Permit: "C -G" (General Commercial) "C -C" (Community Commercial) "M" (Manufacturing) F. Separation Standards. 1. No person, whether an owner, principal, agent, clerk, or employee either for himself/herself or any other person, or an officer of a corporation shall place, maintain, own, or operate a Medical Cannabis Dispensary in the following locations: a. within 300 feet of a residentially zoned property or religious institution; b. within 500 feet of a transitional housing facility; and c. within 600 feet of any other Medical Cannabis Dispensary, school (K-12), park, library, child care facility, community Page 12of18 center that is attended by minors, adult related use, on -sale bar with general alcohol. 2. The distance between a Medical Cannabis Dispensary and the above -listed uses shall be measured along the path of travel from the front door of the Dispensary to the front door of the building or structure, or portion of the building or structure, in which the above - listed uses occur or are located. In addition to this measurement, no Medical Cannabis Dispensary shall be located within 300 feet of the above -listed uses as measured in a straight line from the front door of the Dispensary to the nearest property line of the other use. G. Security Standards. Dispensaries shall provide for security as follows: 1. The entrance into a Dispensary building shall be locked at all times with entry strictly controlled; e.g., a "buzz -in" electronic/mechanical entry system is highly encouraged. A viewer shall be installed in the door that allows maximum angle of view of the exterior entrance; 2. Prior to operation of the Dispensary, a video surveillance system, with at least a seven-day continuous recording capability and approved by the Police Department, shall be installed and archived for at least 30 days. The video surveillance system shall cover the exterior of the premises, including parking areas and all entrances to the building; 3. The operator of the Dispensary shall provide an on-site, Police Department -approved and permitted, State -licensed, uniformed security guard during hours of operation; 4. A Dispensary shall provide the Planning Department and the Police Department with the name, phone number, e-mail address, and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the use. The Dispensary shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the City. This number shall be available to the public upon request; 5. Prior to operation of the Dispensary, the location shall have a centrally -monitored alarm system subject to the approval of the Beaumont Police Department; 6. Interior building lighting, exterior building lighting, and parking area lighting shall comply with the Beaumont Municipal Code (BMC) and must be of sufficient foot-candles and color rendition to allow the ready identification of any individual committing a crime on site at a distance of no less than 30 feet (a distance that should allow a person reasonable reaction time upon recognition of a viable threat); 7. The Beaumont Building and Planning Departments, the Beaumont Fire Department, and the Beaumont Police Department may Page 13 of 18 inspect every Dispensary without prior notice during hours of operation to ensure compliance with the provisions of the BMC and are authorized to enforce the provisions of the BMC. Patient records shall remain confidential in compliance with state law; and 8. A Police and Fire Department lock box shall be installed at the entrance to each facility. A key for the business shall be placed in the lock box for Police and Fire Department personnel to use in case of an emergency. H. Operational Standards. 1. No cannabis shall be smoked, ingested or otherwise consumed on or within 300 feet of the premises; 2. Edible cannabis products shall comply with the following standards and shall be in compliance with the California Food, Drug and Cosmetic regulations: a. No edible cannabis products requiring refrigeration or hot - holding shall be manufactured for sale or distribution at a Cannabis Dispensary, due to the potential for foodborne illness. b. Baked medicinal products (e.g. brownies, bars, cookies, cakes), tinctures and other non -refrigerated items are acceptable for manufacture and distribution at Cannabis Dispensaries. c. Preparation of edibles may only be completed in a commercial kitchen inspected by and in compliance with the regulations of the County Environmental Health Department. d. All items shall be individually wrapped at the original point of preparation. Labeling shall include a warning if nuts or other known allergens are used, and must include the total weight (in grams and/or ounces) of cannabis in the package or the weight equivalent of dried cannabis used to manufacture the product. If more than one dose unit is in a package, each unit must be individually labeled. A warning that the item is a medication and not a food must be distinctly and clearly legible on the front of the package and on each unit if more than one unit is contained in the package. The package label must have a warning clearly legible emphasizing that the product is to be kept away from children. The label must also state that the product contains medical cannabis. e. Any edible cannabis product that is made to resemble a typical food product (e.g. brownie, cake) must be packaged in an opaque (non -see-through) package. Packaging that makes the product attractive to children or imitates candy is prohibited. f. Individuals conducting the manufacturing or sale of products shall thoroughly wash their hands before commencing production and before handling the finished product. Page 14 of 18 g. In order to reduce the likelihood of foodborne disease transmission, individuals who are suffering from symptoms associated with acute gastrointestinal illness or are known to be infected with a communicable disease that is transmissible through foodstuffs are prohibited from preparing edible cannabis products until they are free of such illness or disease, or are incapable of transmitting the illness or disease through foodstuffs. Anyone who has sores or cuts on their hands shall use gloves when handling edible products. h. Edible cannabis products for sale or distribution in a Cannabis Dispensary shall have been prepared by a member of that Cannabis Dispensary. No non-member edible cannabis products are allowed for sale or distribution at a Cannabis Dispensary. A business entity that produces edible cannabis products and sells them to a dispensary is prohibited, as a business entity cannot be a member of a Dispensary. 3. A Dispensary shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. Consumption of alcoholic beverages on the grounds of the Dispensary, both interior and exterior, shall be prohibited; 4. A Dispensary shall have an approved air filtration system to filter odors from the facility, ensuring off-site odors shall not result. No cannabis odors shall be evident outside the facility; 5. No medical personnel shall be permitted onsite for the purposes of providing written or verbal recommendations stating the need for the use of medical cannabis to customers of the facility; 6. Minors: a. It shall be unlawful for any permittee, operator, or other person in charge of any Dispensary to employ any person who is not at least eighteen (18) years of age; b. Persons under the age of eighteen (18) shall not be allowed on the premises of a Dispensary unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or guardian; and c. The entrance to a Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are prohibited from entering the premises unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or guardian. 7. The hours of operation shall be limited to between 9:00 a.m. and 6:00 p.m.; 8. There shall be no display or sales of drug paraphernalia as defined in California Health and Safety Code section 11362.5; Page 15 of 18 9. Cultivation of cannabis shall not be conducted within a Medical Cannabis Dispensary; 10. No product shall be visible from the exterior of the building; 11. AH product is to be locked and secured at all times; 12. The storage or sale of cultivation products (i.e. fertilizers, germicides, plant feed, lighting, irrigation supplies, etc.) is prohibited; and 13. The retail sale of medical cannabis clones may be permitted provided that no cultivation of the clones takes place at the Dispensary. I. Signs and Notices. 1. The building entrance to a Medical Cannabis Dispensary shall be clearly and legibly posted with the building address (building number) and with a notice indicating that smoking, ingesting or consuming cannabis on the premises or within 300 feet of the Dispensary is prohibited; 2. A sign shall be posted in a conspicuous location inside the Dispensary advising "The diversion of cannabis for non-medical purposes is a violation of State law. The use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. Loitering at the location of a medical cannabis dispensary is prohibited by California Penal Code Section 647(h)."; 3. A "No Smoking" sign shall be posted in a conspicuous location inside the Dispensary, clearly visible for all patrons to see; and 4. No signs other than the address and those required herein shall be permitted on the exterior of the building, with the exception of one identification sign, a maximum of ten -inch tall block letters with no graphics, as permitted by the Planning Commission. Section 4. Repeal of BMC Chapter 5.62 Upon the effective date of this Zoning Ordinance, Chapter 5.62, entitled "Medical Cannabis Dispensaries" is hereby repealed. Section 5. California Environmental Quality Act Findings Upon independent review and consideration of the information contained in the Staff Report and the Notice of Exemption for this Zoning Ordinance, the City Council hereby finds and determines that the this Zoning Ordinance does not have the potential for causing a significant effect on the environment. Accordingly, the City Council finds and determines that this Zoning Ordinance is exempt from California Environmental Quality Act ("CEQA", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment and thereby the City Council approves and adopt the Notice of Exemption. The City Council further directs Staff to file the Notice of Exemption, as authorized by law. Page 16 of 18 Section 6. Severabilitv Should any provision, section, paragraph, sentence or word of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Beaumont by a court of competent jurisdiction, such decisions shall not affect the validity or effectiveness of remaining portions of this Ordinance. Section 7. Effective Date of the Ordinance In accordance with California Government Code §36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption. Section 8. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law. MOVED AND PASSED upon first reading this March 1, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, and Castaldo NOES: Council Member Gall ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 15th day of March, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, and Castaldo NOES: Council Member Gall ABSTAIN: None ABSENT: None By Mayor Page 17 of 18 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont Planning Commission will conduct a public hearing on Tuesday, February 8, 2011 and the Beaumont City Council will conduct a public hearing on March 1, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 987: An Ordinance of the City Council of the City of Beaumont Adding Chapter 17.15 to Title 17 (Zoning) of the Beaumont Municipal Code to Prohibit the Establishment and the Operation of Medical Cannabis Cooperatives and Collectives in the City; or, in the Event a Ban is Held Unlawful by the Judiciary, to Regulate the Establishment of Cooperatives and Collectives The purpose of this Ordinance is to enact a complete and total prohibition of medical cannabis dispensaries in the City of Beaumont or, in the event that a ban is held unlawful by a final decision of a California Court of Appeal or by the California Supreme Court, to regulate medical cannabis dispensaries in a manner to mitigate potential health, safety and welfare impacts that medical cannabis dispensaries may have on surrounding properties and persons, consistent with and in conformance with the California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the "Compassionate Use Act of 1996" and the "Medical Marijuana Program." Therefore, if a final decision of the California Court of Appeal or the California Supreme Court determines that a municipality, such as the City of Beaumont, may not ban medical cannabis dispensaries from all zones within its jurisdiction, then Beaumont Municipal Code Section 17.15.050 shall become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City consistent with and in conformance with the provisions of the Compassionate Use Act and the Medical Marijuana Program. Date: January 25, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on January 28, 2011 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 987-38055 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 28, 2011 Executed on: 01/28/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont Planning Commission will conduct a public hearing on Tuesday, February 8, 2011, and the Beaumont City Council will conduct a public hearing on March 1, 2011, at approtdmately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 987: An Ordinance of the City Council of the City of Beaumont Adding Chapter 17.15 to Title 17 (Zoning) of the Beaumont Municipal Code to Prohibit the Establishment and the Operation of Medical Cannabis Cooperatives and Collectives in the City; or, in the Event a Ban is Held Unlawful by the Judiciary, to Regulate the Establishment of Cooperatives and Cotiedives The purpose of this Ordinance Is to enact a complete and total prohibition of medical cannabis dispensaries in the City of Beaumont or, in the event that a ban is held unlawful by a final derision of a California Court of Appeal or by the California Supreme Court, to regulate medical cannabis dispensaries in a manner to mitigate potential health, safely and welfare impacts that medical cannabis dispensaries may have on surrounding properties and persons, consistent with and in conformance with the Califomia Health and Safety Code Section 11362.5 through Section 11362.83, indusive, commonly referred to as the 'Compassionate Use Act of 1996" and the "Medical Marijuana Program.' Therefore, if a final decision of the California Court of Appeal or the California Supreme Court detemknes that a municipality, such as the City of Beaumont, may not ban medical cannabis dispensaries from ag zones within its jurisdiction, then Beaumont Municipal Code Section 17.15.050 shall become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City consistent with and in conformance with the provisions of the Compassionate Use Act and the Medical Marijuana Program. Date: January 25, 2011 •s• Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 38055 01/28, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 987-42242 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 25, 2011 Executed on: 03/25/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council wit/ conducted a public hearing on Tuesday, March 1, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordnance No. 987: An Ordinance of the City Camcit of the City of Beaumont Adding Chapter 17.15 to Title 17 (Zoning) of the Beaumont Municipal Code to Prohibit the Establishment and the Operation of Medical Cannabis Cooperatives and Collectives in the City: or, in the Event a Ban is Held Unlawful by the Judiciary, to Regulate the Establishment of Cooperatives and Collectives The purpose of this Ordinance is to enact a complete and total prohbition of medical cannabis dispensaries in the City of Beaumont or, in the event that a ban is held unlawful by a final decision of a California Court of Appeal or by the California Supreme Court, to regulate medical cannabis dispensaries in a manner to mitigate potential health, safety and welfare impacts that medical cannabis dispensaries may have on surrounding properties and persons, consistent with and in conformance with the California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly maonly referred to as the 'Compassionate Use Act of 1996" and the "Medical Marijuana Program.' Therefore, if a final decision of the California Court of Appeal or the California Supreme Coot determines that a municipality, such as the City of Beaumont, may not ban medical cannabis dispensaries from all zones within its jurisdiction, then Beaumont Municipal Code Section 17.15.050 shall become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City consistent with and in conformance with the provisions of the Compassionate Use Act and the Medical Marijuana Program. Ordinance No. 991 was adopted at its second reading on Mach 15, 2011 by the following vote: AYES: Mayor De Forge, Council Members Bag, Castaldo, and Fox. NOES: Council Member Gall ABSTAIN: None ABSENT: None Date: March 21, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish The nRecord Gazette No. 42242 03/25, 2011 ORDINANCE NO. 988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDED CHAPTER 2.30 OF THE BEAUMONT MUNICIPAL CODE ENTITLED, ESTABLISHING THE "BOARD OF ADMINISTRATIVE APPEALS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 2.30, entitled "Board of Administrative Appeals", is hereby added to the Beaumont Municipal Code as specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of February, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this lst day of March, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Mayor Pro Tem Berg, Council Members Castaldo, Gall, Fox NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cle CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 988 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 15, 2011, and was duly adopted upon a second reading on March 1, 2011, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Deputy City Clerk 2 Sections: Section 2.30.010 Section 2.30.020 Section 2.30.030 Section 2.30.040 Section 2.30.050 CHAPTER 2.30 BOARD OF ADMINISTRATIVE APPEALS Creation of Board Appointment and Qualifications of Board Members Term and Tenure of Members Powers and Duties Rules and Regulations Section 2.30.010 Creation of Board There is hereby created a Board of Administrative Appeals, sometimes referred to in this Chapter as the "Board." The Board shall consist of at least one panel of three members, but not more than three panels of three members each. Section 2.30.020 Appointment and Qualifications of Board Members The City Council shall appoint the members of the Board. Board members shall be at least 18 years of age, and may be residents, or owners or employees of businesses, of the City. Section 2.30.030 Term and Tenure of Members All members of the Board shall be appointed for a term of two years and shall serve at the pleasure of the City Manager and City Council. Members shall serve without compensation. Section 2.30.040 Powers and Duties It shall be the duty of the Board of Administrative Appeals to conduct administrative hearings on written appeals made pursuant to the Beaumont Municipal Code, including appeals pertaining to Administrative Code Enforcement (BMC Chapter 1.17), Animal Control Hearings (BMC Chapter 6.22), Nuisances (BMC Chapter 8.32), and Mobilehome Park Rent Stabilization (BMC Chapter 13.21). Section 2.30.050 Rules and Regulations The Board shall adopt such rules and regulations as are needed to govern its own procedures; provided, however, that the Board shall comply with the Hearing Procedures that may be specified by the applicable appeal provisions of the Beaumont Municipal Code. 1 CITY OF BEAuMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 15, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 988: An Ordinance of the City Council of the City of Beaumont, California„ Adding Chapter 2.30 of the Beaumont Municipal Code Entitled, Establishing the "Board of Administrative Appeals" The purpose of this ordinance is to establish the Board of Administrative Appeals to conduct administrative hearings on written appeals made pursuant to the Beaumont Municipal Code, including appeals pertaining to Administrative Code Enforcement (BMC Chapter 1.17), Animal Control Hearings (BMC Chapter 6.22), Nuisances (BMC Chapter 8.32), and Mobilehome Park Rent Stabilization (BMC Chapter 13.21). Date: January 25, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on February 4, 2011 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 CITY OF BEAuMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 15, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 988: An Ordinance of the City Council of the City of Beaumont, California„ Adding Chapter 2.30 of the Beaumont Municipal Code Entitled, Establishing the "Board of Administrative Appeals" The purpose of this ordinance is to establish the Board of Administrative Appeals to conduct administrative hearings on written appeals made pursuant to the Beaumont Municipal Code, including appeals pertaining to Administrative Code Enforcement (BMC Chapter 1.17), Animal Control Hearings (BMC Chapter 6.22), Nuisances (BMC Chapter 8.32), and Mobilehome Park Rent Stabilization (BMC Chapter 13.21). Date: January 25, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on February 4, 2011 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 988 - 38150 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 4, 2011 Executed on: 02/04/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 15, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 988: An Ordinance of the City Council of the City of Beaumont, California„ Adding Chapter 2.30 of the Beaumont Municipal Code Entitled, Establishing the'Board of Administrative Appeals' The purpose of this ordinance is to establish the Board of Administrative Appeals to conduct administrative hearings on written appeals made pursuant to the Beaumont Municipal Code, including appeals pertaining to Administrative Code Enforcement (BMC Chapter 1.17), Animal Control Hearings (BMC Chapter 6.22), Nuisances (BMC Chapter 8.32), and Mobilehome Park Rent Stabilization (BMC Chapter 13.21). Date: January 25, 2011 -s- Shelby Hanvey Deputy City Cleric Publish The Record Gazette No. 38150 02104, 2011 ORDINANCE NO. 989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.130 "SIXTH STREET OVERLAY" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.130, entitled "Sixth Street Overlay", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of February, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, and Castaldo. NOES: Council Member Gall. ABSTAIN: None ABSENT: Council Member Fox. MOVED, PASSED AND ADOPTED this 1St day of March, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Fox. NOES: Council Member Gall ABSTAIN: None ABSENT: None ATTEST: Cq J L Deputy City Cle CITY OF BEAUMONT By --)(5,2,—: •'X Brian De Forg�,fi�I�ayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 989 duly introduced at a regular meeting of the City Council of the City of Beaumont held on February 15, 2011, and was duly adopted upon a second reading on March 1, 2011, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 Deputy City Clerk Exhibit "A" The Sixth Street Overlay applies to areas with a base underlying zoning of C -G (Commercial General), located on either side of Sixth Street between California Avenue and Highland Springs Avenue. This overlay provides for the development of mixed uses (residential and/or commercial), with a required minimum lot area of one-fifth (1/5) of an acre, within the area included in this Zone District. For all mixed use projects (combination of residential and commercial), fifty (50) percent of the lot area shall be devoted to housing, at a permitted density range of 20-24 units per acre. Live/work units shall be permitted and encouraged on both sides of the north -south avenues north of Fifth Street between California Avenue and Michigan Avenue. A. Sixth Street Overlay Zone, Permitted Uses. The uses permitted for this Overlay Zone are indicated in Table 17.03-4. B. Sixth Street Overlay Zone, Conditional Uses. The uses conditionally permitted for this Overlay Zone are indicated in Table 17.03-4. C. Sixth Street Overlay Zone, Development Standards . The Development Standards for this Overlay Zone shall be the those applicable to the underlying Zoning, with regard to commercial projects, and shall be determined through plot plan review for mixed use projects. D. Sixth Street Overlay Zone, Off -Street Parking. Automobile parking shall be provided as specified in Section 17.05. E. Sixth Street Overlay Zone, Landscaping. Landscaping shall be provided as specified in Section 17.06. F. Sixth Street Overlay Zone, Signs. Signage shall be governed by Section 17.07. 3 THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance Amendments I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 12-21-10 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Dec. 21, 2010 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 10500797 PO #: Agency #• Ad Copy: LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN that the City of Beaumont Planning Commission and City Council will conduct public hearings to consider the matter described below. The Planning Commission's hearing on this matter will be held at 6:00 p.m. on Tuesday, January 11, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California. The Planning Commission will make a recommendation to the City Council on this matter. The City Council's hearing on this matter will be held at 6:00 p.m. on Tuesday, February 15, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont California. The following amendments to the Municipal Code are proposed in order to bring it in conformance with the recently adopted General Plan Housing Element Update. An Ordinance of the City Council of the City of Beau- mont, California that will amend Section 17.03.130 rela- tive to 'Sixth Street Overlay' of the Beaumont Municipal Code. An Ordinance of the City Council of the City of Beau- mont, California that will amend Section 17.03.130 rela- tive to "Urban Village Specific Plan Overlay" of the Beaumont Municipal Code. The adoption of a NegativeDeclaration 10 -ND -08 pur- suant to the California Environmental Quality Act was previously considered with the General Plan Housing Element Update and remains valid for use under these modifications; based upon the finding that the project will not have a significant impact upon the environment. The applicant for this project is the City of Beaumont. On public hearings items the public may present testi- mony to the Planning Commission and/or City Council either in person or by mail. Written comments will be accepted until the night of the hearing. Chris Tracy Associate Planner 12/21 Dated: December 16, 2010 ORDINANCE NO. 990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.130 "URBAN VILLAGE SPECIFIC PLAN OVERLAY" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.130, entitled "Urban Village Specific Plan Overlay", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of February, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor De Forge, Council Members Berg, and Castaldo. Council Member Gall None Council Member Fox MOVED, PASSED AND ADOPTED this 1St day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor De Forge, Mayor Pro Tem Berg, Council Member Castaldo and Fox Council Member Gall None None CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 6 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 4 -1 , 2011, and was duly adopted upon a second reading on --2,..)— ) , 2011, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 Deputy City Cle Exhibit "A" Urban Village Specific Plan Overlay applies to a specific area of the City situated between the I- 10 and the SR -60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated. These uses include a regional commercial center, higher density residential development, and abundant open space and recreational amenities. In conjunction with policies and programs outlined in the Housing Element, a minimum of 90 acres within the Specific Plan area shall be reserved for housing development with a minimum density of 20 units per acre, and a minimum of 21 acres shall be reserved for housing development with a density range of 12-20 units per acre. This area will be developed in phases as development proceeds within the larger West Beaumont Planning Area. A specific plan of land use will be required before any new development can take place within the area designated with the Urban Village Specific Plan Overlay. 3 LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN thatthe City of Beaumont Planning Commission and City Council will conduct public hearings to consider the matter described below. The Planning Commission's hearing on this matter will be held at 6:00 p.m. on Tuesday, January 11, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California. The Planning Commission will make a recommendation to the City Council on this matter. The City Council's hearing on this matter will be held at 6:00 p.m. on Tuesday, February 15, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California. The following amendments to the Municipal Code are proposed in order to bring it in conformance with the recently adopted General Plan Housing Element Update. An Ordinanceof the City Council of the City of Beau- mont, California that will amend Section 17.03.130 rela- tive to "Sixth Street Overlay" of the Beaumont Municipal Code. An Ordinance of the City Council of the City of Beau- mont, California that will amend Section 17.03.130 rela- tive to "Urban Village Specific Plan Overlay" of the Beaumont Municipal Code. The to adoption of Environmen al De claration Acct 8 was previously considered with the General Plan Housing Element Update and remains valid for use under these modifications; based upon the finding that the project will not have a significant impact upon the environment. The applicant for this project is the City of Beaumont. On public hearings items the public may present testi- mony to the Planning Commission and/or City Council either in person or by mail. Written comments will be accepted until the night of the hearing. Chris Tracy Associate Planner 12/21 Dated: December 16, 2010 Ad Copy: THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P.) Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: Ordinance Amendments I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized repre- sentative of THE PRESS -ENTERPRISE, a newspa- per of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673 and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any sup- plement thereof on the following dates, to wit: 12-21-10 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Dec. 21, 2010 At: Riverside, California BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT CA 92223 Ad #: 10500797 PO #: Agency #• ORDINANCE NO. 991 AN ORDINANCE AMENDING TITLE 5 OF THE BEAUMONT MUNICIPAL CODE BY ADDING CHAPTER 5.63 REGARDING MEDICAL CANNABIS DISPENSARIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, AS FOLLOWS: Section 1. Amendment of Code Chapter 5.63, Medical Cannabis Dispensaries, is hereby added to the Beaumont Municipal Code and shall read, as follows: CHAPTER 5.63 MEDICAL CANNABIS DISPENSARIES Sections: 5.63.010 Ordinance Title 5.63.015 Effective Date 5.63.020 Purpose and Application 5.63.030 Definitions 5.63.040 Medical Cannabis Dispensary Permit Required 5.63.050 Application for Medical Cannabis Dispensary Permit 5.63.060 Investigation 5.63.070 Grounds for Denial of Medical Cannabis Dispensary Permit 5.63.080 Limitation on Number of Medical Cannabis Dispensary Permits 5.63.090 Appeal from Denial of Medical Cannabis Dispensary Permit 5.63.100 Term and Expiration of Medical Cannabis Dispensary Permits 5.63.110 Renewal of Medical Cannabis Dispensary Permit 5.63.120 Suspension and Revocation of Medical Cannabis Dispensary Permits 5.63.130 Procedure for Revocation or Suspension of Medical Cannabis Dispensary Permits 5.63.140 No Application for Medical Cannabis Dispensary Permit Following Revocation 5.63.150 Employee Work Permit Required 5.63.160 Appeal from Denial of Employee Work Permit 5.63.170 Expiration of Employee Work Permits 5.63.180 Renewal of Employee Work Permits 5.63.190 Investigations -Updating 5.63.200 Failure to Obtain New Employee Work Permit 5.63.210 Suspension or Revocation of Employee Work Permit 5.63.220 Audit/Reporting Required 5.63.230 Access to Records and Facilities Page 1 of 20 5.63.240 Violations and Penalties 5.63.250 Sign Required for Complaints 5.63.260 Storage of Cash Overnight 5.63.270 Testing 5.63.280 Acceptable Method of Cannabis Distribution/Prohibition on Wholesale Operations and Deliveries 5.63.290 Dispensary Closures During Authorized Hours 5.63.300 Minors Prohibited 5.63.310 Administrative Guidelines 5.63.320 Business License Tax 5.63.010 Ordinance Title. This Chapter shall be known as the "Medical Cannabis Permit, Audit and Reporting Ordinance." 5.63.015 Effective Date. This Chapter shall not become effective, and shall have no force or effect, until such time as a final decision of the California Court of Appeal or the California Supreme Court determines that a City may not ban medical cannabis dispensaries from all zones within its jurisdiction. In such event, then this Chapter shall immediately become effective without further notice or hearing and shall regulate medical cannabis dispensaries in the City of Beaumont consistent with and in conformance with the provisions of State law. 5.63.020 Purpose and Application. The purpose of this Chapter is to require an annual permit to establish and operate medical cannabis dispensaries within the City; to enforce rules consistent with the Compassionate Use Act and the Medical Marijuana Program Act, which rules will provide for the health, safety and welfare of the public; to require work permits for all employees; to establish standards for the issuance of said permits; to establish rules and regulations under which such permits shall remain in force, be suspended or revoked; and providing penalties for violations thereof. The provisions of this Chapter are in addition to the Business License required to conduct business and the Conditional Use Permit and other land use regulations found in Title 17. 5.63.030 Definitions. For the purposes of this Chapter, certain words and phrases used herein are defined as follows: "Administrative expenses" means and includes, but is not be limited to: 1. The costs associated with any hearings before a Hearing Officer. 2. City's personnel costs, direct and indirect, incurred in enforcing this Chapter and in preparing for, participating in or conducting any hearings subject to this Chapter, including but not limited to attorneys' fees. Page 2 of 20 3. The cost incurred by the City in documenting the violations of this code, including but not limited to, the actual expense and costs of the City responding to the violation(s); investigating and enforcing statutory crimes related to the violation, including, but not limited to, court appearances; conducting inspections; attending hearings; and preparing notices, administrative citations, and orders. "Applicant" means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a dispensary. "Employee" means every operator, employee, volunteer, or other person who proposes to work and/or assist in any way in the operation of a dispensary, including security, regardless of whether that person receives compensation. "Medical cannabis dispensary" (also referred to as a "cannabis business" or "dispensary") means any facility or location, whether collective or cooperative, where medical cannabis (also known as medical marijuana) is made available to, distributed by, or distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver in accordance with California Health and Safety Code Sections 11362.5, et seq. "Permittee" means the person (1) to whom a permit is issued and (2) who is identified in California Health and Safety Code Section 11362.7, subsections (c), (d), (e) or (f). "Person" person means any individual, partnership, co -partnership, firm, association, collective, cooperative, joint stock company, corporation, limited liability partnership or company, or combination of the above, in whatever form or character. 5.63.040 Medical Cannabis Dispensary Permit Required. It is unlawful for any person, firm or corporation to establish or operate a medical cannabis dispensary without first having obtained a written permit from the City. Prior to issuance the applicant must pay all applicable fees, in the amounts as may be fixed and established from time to time by resolution of the City Council. Page 3 of 20 5.63.050 Application for Medical Cannabis Dispensary Permit. A. An applicant for a Medical Cannabis Dispensary Permit (also referred to herein as an "Operator's Permit") shall submit an application to the City, said application shall be under oath, and shall include, in addition to information as may be deemed necessary by the City Manager (or designee—all references to the City Manager shall mean and include the designee), the true names and addresses of all owners, officers, and employees. The past criminal record, if any, of the owners, officers, and employees associated with the business shall be shown on such application. Concurrent with the filing of the application, the City shall obtain fingerprints and photographs of the owners, officers, and employees associated with the business, including any available criminal arrest and conviction information. B. The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the City Council. Thereafter, if an Operator's Permit is granted, the permittee shall pay an annual fee in an amount as may be fixed and established by City Council resolution. C. The applicant must submit a signed statement to the City Manager to the effect that the applicant understands and agrees that any business or activity conducted or operated under any permit issued under such application shall be operated in full conformity with all the laws of the State of California and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any permit therefore subject to immediate suspension or revocation. D. Any applicant hereunder is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive an Operator's Permit is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, approving or disapproving any application. A waiver of any claims for damages against the City or its agent resulting therefrom shall be presumed upon the filing of an application. E. If the applicant is an individual, the application shall include the residence and business address and personal history record of such applicant, specifically including any criminal arrest and conviction record, and business and employment history for the ten (10) year period immediately preceding the date of the application. F. If the applicant is other than an individual, the application shall include the name, residence and business address, and personal history record of each of the officers, directors, copartners or stockholders, specifically including any criminal arrest and conviction record (a plea of nolo contendre shall be considered a guilty plea for purposes of this Chapter), and business and employment history for the ten (10) year period immediately preceding the date of application. Page 4 of 20 G. Each permit applicant shall be responsible for providing complete and accurate information and for signing the permit application. Applications for employee permits which do not accompany the application for an Operator's Permit shall be completed before the employee is scheduled to begin work. H. The applicant shall submit a complete security plan for the establishment, which shall be subject to the approval of the Chief of Police or his/her designee (all references to the Chief of Police shall mean and include his/her designee). The Chief of Police may impose additional security and safety conditions upon receipt of detailed plans. I. The applicant shall submit written documentation stating that the property owner of the facility is fully aware of the property's intended use. Documentation is to include the name, address, and contact telephone number for the property owner. J. An application for an Operator's Permit shall be deemed complete when the City receives the last submission of information or materials required in compliance with this Chapter, including the information necessary to conduct a background check. Upon notification that an application is incomplete, the applicant shall be granted an extension of ten (10) calendar days from the date of notification to submit all materials required to complete the application. If the application remains incomplete in excess of ten (10) calendar days following notification, the application shall be deemed withdrawn and a new application submittal shall be required. K. The applicant shall provide a statement to the City Manager that the applicant will hold harmless, indemnify, and defend the City against claims and litigation arising from the issuance of the Operator's Permit, including any claims and litigation arising from the establishment, operation, or ownership of the medical cannabis dispensary. 5.63.060 Investigation. A. Upon receipt of a complete application for an Operator's Permit, the Chief of Police shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant. Such matters may include, but are not limited to, the following: 1. Identity, character and background of the applicant; 2. A detailed interior floor plan of buildings and a detailed site plan depicting parking, traffic movement and aesthetics; 3. Compliance with the City's General Plan, zoning, security and environmental requirements; and 4. Type and degree of security personnel and facilities to be provided. Page 5 of 20 B. In the event a complete application for an Operator's Permit is presented to the Chief of Police, and the fees required have been paid, and the investigations and reports required under the provisions of this Chapter have been duly completed, the Chief of Police shall consider such application. The Chief of Police shall, at minimum, consider whether issuance of the Permit and subsequent operation will be detrimental to the public health, safety and welfare of the citizens of Beaumont. C. Within sixty (60) days of completing the investigation, the application for Operator's Permit shall be approved, conditionally approved, or denied. The Chief of Police may impose such conditions, restrictions or require revisions to the Permit as are necessary to comply with this Chapter and the Administrative Guidelines adopted by the City Manager. Written notice of the decision of the Chief of Police shall be mailed to the applicant by regular U.S. Mail. 5.63.070 Grounds for Denial of Medical Cannabis Dispensary Permit. A. The Chief of Police may deny an Operator's Permit for any of the following reasons, without being limited thereto, or for any other reason consistent with the provisions of this Chapter: 1. Conviction, (a plea of nolo contendre shall be considered a guilty plea for purposes of this Chapter), of any crime of violence, any crime involving narcotics, fraud, gambling, loan sharking, bookmaking, theft, moral turpitude, or any crime involving evasion of taxes, or any other crime of moral turpitude indicating a lack of business integrity or business honesty, whether committed in the State of California or elsewhere, whether denominated as a felony or as a misdemeanor and notwithstanding the passage of time since the conviction; 2. Failure of the proposed activity to be operated in compliance with State or City law or regulation; 3. The applicant, or any principal thereof, having been identified by any law enforcement agency, legislative body or crime commission as a member of, or an associate of, organized criminal elements; 4. Making any false statement in the application or as to any other information presented as part of the application process; 5. Evidence of a current or prior unlawful or nuisance -creating operation as a permittee in this or another jurisdiction; 6. Applicant is presently under indictment or the subject of a criminal complaint for any of the crimes described in subsection (A)(1) of this section; Page 6 of 20 7. Making or causing to be made any statement in an application or document provided to the City in connection with an application, which statement was at the time and in the light of the circumstances under which it was made, knowingly false or misleading; 8. Failure of any person named in the application when summoned by the Chief of Police to appear and testify and provide additional information at such time and place as the Chief of Police may specify; 9. Inadequate security plan; 10. Proposed location in an area not authorized by Title 17 of the Beaumont Municipal Code, and a Conditional Use Permit for the dispensary at the proposed location had not been obtained from the Planning Commission or the City Council within a reasonable time after application, or had been revoked; 11. If any person listed on the application as an owner, officer, board member, operator, or on-site general manager has been involved in any prior operation of an unpermitted dispensary, collective or cooperative, or has in any manner dispensed or transferred cannabis within the City without first obtaining a permit from the City. 5.63.080 Limitation on Number of Medical Cannabis Dispensary Permits. At no time shall there be in existence within the City more active Operator's Permits than are allowed by this Code. At no time shall there be more than two (2) dispensaries in operation within the City. The location of each dispensary shall be established through the land use approval process, and governed by the provisions of Title 17 of this Code. Each Operator's Permit granted pursuant to this Chapter, and all privileges attendant thereto, shall be subject to the requirements of Title 17 of this Code. 5.63.090 Appeal from Denial of Medical Cannabis Dispensary Permit. The decision of the Chief of Police to deny an application for an Operator's Permit may be appealed to the City Manager. Notice of such appeal, in writing stating the grounds for such appeal, and admitting and denying those determinations of the Chief of Police included in the notice of denial, shall be filed with the City Manager within ten (10) days after the denial of said Permit. Upon failure to file such notice within the 10 -day period, the action of the Chief of Police in denying such Permit shall be final and conclusive. If the notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in the City Manager's sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to an Administrative Hearing Officer to conduct the hearing. Page 7 of 20 5.63.100 Term and Expiration of Medical Cannabis Dispensary Permits. Operator's Permits issued pursuant to this Chapter shall be and remain valid until the earlier of expiration of the permit term of one (1) year, or suspension or revocation by the Chief of Police or City Manager as provided in this Chapter, or voluntary surrender in writing by the permittee. In the event of surrender, suspension, revocation or expiration, no permit fee, or any portion thereof, shall be refunded. 5.63.110 Renewal of Medical Cannabis Dispensary Permit. A. The holder of an Operator's Permit issued pursuant to the provisions of this Chapter may renew the Permit annually in accordance with the following procedures: 1. An application for renewal shall be filed with the City no later than sixty (60) days before the anniversary date of the permit; 2. If the application for renewal is not filed within the time specified by subsection (A)(1) of this section, the permittee may thereafter file a written application for renewal of the Permit, but in that event, the permittee shall pay a daily penalty fee, as established by resolution of the City Council; 3. If the application for renewal is more than thirty (30) days late, the Operator's Permit shall be deemed forfeited, which will have the same effect as being revoked, and the dispensary may not operate unless and until a new Operator's Permit has been obtained; 4. The application for renewal shall be accompanied by the full amount of the required renewal fee as may be established from time to time by resolution of the City Council; and 5. The permittee shall file with the Chief of Police an affidavit, executed under penalty of perjury, containing the following information: a. Any change in ownership of the operator; b. The full, true and correct names and addresses of each and every employee; and c. If no changes have occurred from the previous renewal, permittee shall so certify and attest. B. Failure to make full payment of annual fees or required taxes, or failure to file or filing any false statement in any affidavit and/or certification and attestation as is required by this section are grounds for denial of a renewal of the Operator's Permit. Page 8 of 20 C. All applicants and employees shall have their background and criminal history investigations updated annually. The fee to cover the cost of such investigations shall be paid at the time of submission of the application for renewal of the permit in an amount as may be established from time to time by resolution of the City Council. No renewal of an Operator's Permit shall be approved unless and until the requirements of this subsection C of Section 5.63.110 have been met. 5.63.120 Suspension and Revocation of Medical Cannabis Dispensary Permits. A. All permits authorized and issued under the provisions of this Chapter may be subject to: 1. Immediate suspension without prior notice or hearing by the Chief of Police if the Chief of Police finds that: a. A permittee, or any agent or employee thereof with the knowledge of such permittee, has violated, or permitted, allowed or caused the violation of any provision of this Chapter, any regulation issued pursuant to this Chapter, any condition of approval imposed upon the issuance of the Operator's Permit, or any State law or regulation relating to the operation; or b. Based on ascertainable facts, the operation aggravates the crime problems of the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety or welfare of the City. 2. Suspension or revocation by the Chief of Police after not less than five (5) days' written notice to the permittee and after testimony has been taken from the permittee and/or any other interested person, if the Chief of Police finds that: a. A permittee or any agent or employee thereof, with the knowledge of the permittee, has violated or permitted, allowed or caused the violation of any provisions of this Chapter, any regulation issued pursuant thereto, any condition of approval imposed upon the issuance of the permit, or any State law or regulation relating to the operation; or b. A permittee has failed to pay, when due and payable, any of the fees or taxes required within ten (10) days after written notice of any such failure; or c. A permittee has made any fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process; or Page 9 of 20 d. A permittee knowingly commits any act which would have constituted grounds for denial of an application for a permit; or e. The permittee has knowingly continued to employ in any cannabis business any individual whom any court has found guilty of any of the crimes which would have constituted grounds for denial of an application for a work permit for the employee; or f. The permittee has been convicted of a crime enumerated in Section 5.63.070. A conviction is suitable grounds for revocation or suspension of the permit, prior to the exhaustion of the permittee's appellate rights. B. In the event of a violation described in subsections (A)(2)(a) through (f) of this section, a civil penalty, not to exceed $1,000.00 per day for each violation, may be imposed on the permittee in lieu of suspension or revocation. The permittee may be required to pay all administrative expenses. In the event the violation is for non-payment of fees, the civil penalty shall amount to five (5) percent of the unpaid fees plus one and one-half percent per month accrued daily after the first thirty (30) days. Imposition of such civil penalties shall be in accordance with the administrative adjudication procedures established in the Beaumont Municipal Code, Chapter 1.17. Each day the violation(s) continue shall be deemed a new violation subject to additional citations, penalties, and fines. 5.63.130 Procedure for Revocation or Suspension of Medical Cannabis Dispensary Permits. A. In the event the Chief of Police determines that a permit issued pursuant to the terms of this Chapter shall be suspended or revoked, the Chief of Police shall issue a notice of decision which shall state the grounds upon which the suspension or revocation or other penalty is based. The notice shall be in writing and addressed to the permittee and the building owner at the addresses of record. B. Unless the permittee files a written notice of appeal with the City Manager within ten (10) calendar days from the date of mailing of the notice of decision, the decision shall become final. The notice of appeal shall state all of the grounds of appeal and shall admit or deny the determination in the notice of decision. Failure to timely file the written appeal shall constitute a waiver of such person's right to the administrative appeal to the hearing officer. C. The City Manager shall select a hearing officer who shall schedule and conduct the hearing in accordance with procedures specified in regulations to be promulgated by the City Manager. Page 10 of 20 D. The appeal procedures and costs shall be in accordance with the administrative adjudication procedures established in the Beaumont Municipal Code. E. In the event a permittee files an appeal pursuant to this section, the effective date of the decision shall be stayed pending determination by the hearing officer. The determination of the hearing officer shall be final. 5.63.140 No Application for Medical Cannabis Dispensary Permit Following Revocation. In the event that an Operator's Permit is revoked, each permittee, or principal of the permittee, that held the revoked Operator's Permit shall not be eligible to apply for or be issued a new Operator's Permit, until one year has passed from the date of revocation. 5.63.150 Employee Work Permit Required. A. It is unlawful for a permittee to employ any person who is not the holder of a valid work permit and registration/I.D. card issued by the City. All employees must obtain a work permit. No registration/LD. card will be issued without such person having first been fingerprinted and photographed by the Beaumont Police Department. B. Applications for an employee work permit shall be completed and submitted under oath to the City, together with the appropriate fees as may be established from time to time by the City Council, before the employee is scheduled to begin work. Applications for work permits shall be reviewed subject to the procedures to be adopted by the City Manager and implemented by the Chief of Police. An application may be granted, conditional approved, or denied by the Chief of Police. The Chief of Police shall deny an application for any relevant cause denoted in subsection (G) of this section. Concurrent with the filing of the application, the City shall obtain fingerprints of the applicant. An applicant for an employee work permit shall authorize the City to obtain any available criminal arrest and conviction record information relating to the applicant and shall further authorize the updating of that information on an annual basis if a work permit is issued. C. Every employee granted a work permit shall be issued a registration/I.D. card by the City, which must be prominently displayed at all times the employee is at the premises on the employee's outermost garment at approximately chest height. Such identification card shall be in good and readable condition and a replacement card shall be issued by the Chief of Police upon payment of a fee established by resolution of the City Council. D. It shall be the responsibility and duty of the City Manager to establish the necessary procedures to implement and administer the provisions of this section. The information received by the City pursuant to the provisions of this section shall be treated as confidential to the extent permitted by law. Page 1 1 of 20 E. The application fees provided for in this section are for regulation and reimbursement to the City for the costs of investigating and processing the applications, as provided for in this section. Each application for a permit under this section shall be accompanied by an application fee, payable to the City, in the amount as may be established from time to time by resolution of the City Council, which fee shall be retained by the City for the payment of the costs of the investigation of the applicant. The fees set forth in this subsection shall be the property of, and be retained by, the City, whether the employee work permit is granted or denied. F. It shall be a condition of any permittee to inform the City of any change in the employment status of a registered employee within five (5) days of the effective date of the change in employment status. A change in employment status includes termination, leave of absence, promotion or any other change in position or title. G. It is unlawful for any employee to work in a dispensary without possessing a valid work permit issued by the City. Applications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be necessary to determine whether the applicant is a proper person to be employed. A work permit shall be issued only to persons 18 years of age or older. Every operator, employee, volunteer, or others who proposes to work and/or assist in any way in the operation, including security shall be considered an employee of the Dispensary. The Chief of Police may deny the application for an employee work permit if the Chief of Police makes anyone of the following determinations: 1. The applicant has been convicted of any felony; 2. The applicant has been convicted of any misdemeanor involving drug related offenses, dishonesty or moral turpitude within the ten (10) year period immediately preceding the submission of the application; 3. The applicant has been convicted of any offense involving the violation of the California Health and Safety Code; 4. The applicant has been convicted of any offense specified in Sections 266(1), 315, 316, 318 or subdivision (a) or (b) of Section 647 of the California Penal Code, or as those sections may subsequently be amended; 5. The applicant has been convicted of any offense involving the use of force or violence upon the person of another; 6. The applicant has made one or more false statements in the application; 7. The applicant has failed to comply with one or more provisions of this Chapter, or of this code, or other laws or regulations applicable to the premises; Page 12 of 20 8. The issuance of the proposed work permit would violate an applicable provision of this Chapter; or 9. The applicant is associated with criminal profiteering activity or organized crime, as defined in California Business and Professions Code Section 19859(e) and California Penal Code Section 186.2, or as those sections may subsequently be amended. 5.63.160 Appeal from Denial of Employee Work Permit. A. Whenever the City shall deny an application for an employee work permit, the City shall notify the applicant/work permit holder in writing by either personal delivery or by first class mail addressed to the applicant/work permit holder at the address listed in the respective application, or at any more recent address furnished to the City by the applicant/work permit holder. The notice shall state that the application has been denied or that the employee work permit has been suspended or revoked and the grounds for the action. The notice shall further state that the applicant or work permit holder shall have the right to appeal the action to the City Manager by filing a notice of appeal with the City Manager no later than ten (10) calendar days from the date of the notice of denial. B. A notice of any appeal must be filed with the City Manager not later than ten (10) calendar days from the date of notice of denial, suspension or revocation of the application or employee work permit. If a notice of appeal is timely filed, accompanied by payment of an appeal fee in the amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in the City Manager's sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to the administrative hearing officer to conduct the hearing in accordance with the provisions of Chapter 1.17 of this code. 5.63.170 Expiration of Employee Work Permits. An employee work permit shall be valid, unless suspended or revoked, for a period of one (1) year from date of issuance. The fee shall not be returned in the event that such work permit is refused, revoked or suspended as herein provided. Said work permit shall be valid even though the holder of said permit may change his place of employment within the City. 5.63.180 Renewal of Employee Work Permits. Any person who holds a valid employee work permit may obtain a new permit for the succeeding year by applying for said new employee work permit during the month preceding the expiration date of the current permit. Cost for said new permit, which shall include the cost of a new identification card, shall be an amount as fixed and established from time to time by resolution of the City Council. Page 13 of 20 5.63.190 Investigations -Updating. All employees shall have their background and criminal history investigations updated annually. The fee to cover the cost of such investigations shall be paid at the time of submission of the application for renewal of the permit in an amount as may be established from time to time by resolution of the City Council. 5.63.200 Failure to Obtain New Employee Work Permit. If the holder of an employee work permit fails to timely renew said permit, the permit shall cease to be valid and he or she must make application for a new permit, if desired, as provided above. In addition to any administrative proceedings, it shall be an infraction to engage in any type of employment activity with a dispensary without a valid employee permit. 5.63.210 Suspension or Revocation of Employee Work Permit. A. If an employee violates, permits, allows or causes the violation of any provisions of this Chapter, the Chief of Police shall have the right to revoke or suspend any employee work permit issued hereunder and to take possession of such permit. Any of the grounds upon which the Chief of Police may be required to refuse to issue an initial employee work permit shall also constitute grounds for such revocation or suspension. B. Suspension or revocation of an employee work permit shall be made only after a hearing granted to the holder of such permit before the Chief of Police, after ten (10) days notice to said permit holder, setting forth the grounds of the complaint against him or her and stating the time and place where such hearing will be held. The action of the Chief of Police in this respect shall be subject to an appeal to the City Manager in accordance with the provisions of Section 5.63.160(B). Notice of such appeal shall be filed with the City Manager within ten (10) calendar days after the revocation or suspension. Upon failure to file such notice within the ten day period, the action of the Chief of Police in revoking or suspending the work permit shall be final and conclusive. 5.63.220 Audit/Reporting Required. A. Each Operator's Permit permittee shall file quarterly (or in such other interval as determined by the City Manager and stated in Administrative Guidelines adopted pursuant to this Chapter) with the City a statement, under oath, showing the true and correct amount of gross revenue derived from the cannabis business in the preceding applicable time period. At the option of the City, the City may require payment of gross revenue tax revenues through electronic transfer on a more frequent basis. Such statement shall be accompanied by the payment of the correct amount of gross revenue license tax due and owing. A signed certification shall be attached to the statement. B. At the end of each permittee's fiscal year, the City shall employ, at permittee's expense, a recognized firm of certified public accountants as approved by the City to conduct an audit of permittee's financial records in accordance with generally -accepted auditing standards and any additional specifications for audit as identified in the Administrative Guidelines as may be promulgated by the City Manager. Page 14 of 20 C. The audit shall conclude with the expression of the auditor's opinion on the financial statements of the permittee's operations in accordance with generally accepted accounting principles, and in compliance with the mandate of California Health and Safety Code Section 11362.765 subdivision (a). The auditor shall express a separate opinion on the permittee's gross revenues and related permit fees paid to the City for the period then ended. Additionally, the permittee shall provide the City with an annual update of the evaluation of its internal accounting and administrative controls. Such audit report shall be filed with the City Finance Director no later than ninety (90) days after the permittee's fiscal year end. In the event that such evaluation discloses material weaknesses or reportable conditions, including but not limited to qualified or adverse auditor's opinions, or discrepancies or deficiencies in the permittee's system of internal accounting and administrative controls, the permittee shall submit a program to the City Manager within thirty (30) days of such evaluation outlining permittee's program and target dates to correct such weaknesses or conditions. The program and target dates shall be subject to approval, modification or denial in the sole discretion of the City Manager, and, in the event of modification or denial, the permittee shall submit within fourteen (14) days of receipt of the City Manager's modification or denial, a revised program and target dates to correct such weaknesses or conditions. Such revised program and target dates shall be subject to approval or modification in the sole discretion of the City Manager, and in the event of modification, the permittee shall conform with the modified requirements of the program. Failure to correct the weaknesses or conditions within the time periods specified in the approved or modified program shall be grounds for suspension and/or revocation of the permit. All reports or evaluations submitted hereunder shall be confidential and shall not be available for public inspection. D. Any failure or refusal of any such permittee to make any statement as required within the time required, or to pay such sums due as gross revenue license tax when the same are due and payable in accordance with the provisions of this Chapter, shall be and constitute full and sufficient grounds for the revocation or suspension of the permits issued pursuant to this Chapter in the sole discretion of the Chief of Police. 5.63.230 Access to Records and Facilities. A. Notwithstanding the audit requirements specified in Section 5.63.220 of this Chapter, and in compliance with all state and federal privacy laws, the permittee shall allow the Chief of Police or a designee unrestricted access to all books, records, facilities, and all audio and video tapes pertaining to the facilities. Any information obtained pursuant to this section or any statement filed by the permittee shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provisions of this Chapter. It shall be the duty of the Chief of Police to preserve and keep such statements so that the contents thereof shall not become known except to the persons charged by law with the administration of the provisions of this Chapter or pursuant to the order of any court of competent jurisdiction. Page 15 of 20 B. Any failure or refusal of any permittee to make and file any statement within the time required, or to permit inspection of such books, records, accounts and reports of such permittee in accordance with the provisions of this Chapter shall be full and sufficient grounds for the revocation or suspension of the permit in the sale discretion of the Chief of Police. C. A cannabis business shall maintain records at the location accurately and truthfully documenting: 1. The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; 2. The full name, address, and telephone number(s) of all members who are engaged in the management of the business and the exact nature of each member's participation in the management of the business; 3. The full name, address, and telephone number(s) of all patient members to whom the business provides cannabis, a copy of a government -issued identification card for all patient members, and a copy of every attending physician's or doctor's recommendation or patient identification card; 4. The full name, address, and telephone number(s) of all primary caregiver members to whom the business provides cannabis and a copy of every written designation(s) by the primary caregiver's qualified patient(s) or the primary caregiver's identification card; 5. All receipts of the business, including but not limited to all contributions, reimbursements and compensation, whether in cash or in kind, and all expenditures incurred by the business for the cultivation of cannabis; 6. An inventory record documenting the dates, amounts, and content testing results of all cannabis cultivated by business, including the amounts of cannabis stored at the location at any given time; 7. A log documenting each transfer of cannabis reflecting the amount transferred, the date transferred, and the full name of the member to whom it was transferred; 8. A log documenting each transfer of cannabis in any form reflecting the amount transferred, the date delivered, and the full name of the member whom transferred it to the dispensary; 9. Name, address and medical license numbers of all physicians who have given a cannabis recommendation to a qualified patient. Page 16 of 20 Each holder of an Operator's Permit shall verify the validity of the doctor making a cannabis recommendation. This verification shall be made by (1) interne with the State of California's Medical Board of California Physician License Lookup System, and (2) telephoning each doctor to verify the cannabis recommendation. D. These records shall be maintained by the business for a period of five years and shall be made available by the business to the Police Department upon request, except the private patient records shall be made available by the business to the Police Department only pursuant to a properly executed search warrant, or court order. In addition to all other formats that the business may maintain, these records shall be stored by the business at the location in a printed format. Any loss, damage or destruction of the records shall be reported to the Police Department within twenty-four (24) hours of the loss, destruction or damage. E. In addition to the keeping of a permanent record as herein provided, every Dispensary shall likewise be required to deliver to the Chief of Police, via electronic format and written format, a quarterly written report which shall include all records described in Section 5.63.230(C). Said quarterly reports shall be received by the Chief of Police or his designee no later than the first of every January, April, July, and October. Said records shall include all transactions up to ten (10) days prior to the required submission date. If the first day of any quarter falls on a non -City business day then the report shall be delivered the first City business day thereafter. 5.63.240 Violations and Penalties. It is unlawful for any permittee, employee or other person to violate any of the rules or regulations set forth in this Chapter. Any violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established or promulgated pursuant to this Chapter may be charged as a misdemeanor or an infraction. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter is hereby declared a public nuisance and may be summarily abated by the City. 5.63.250 Sign Required for Complaints. A sign shall be posted at the entrance to the dispensary location containing the name and functioning telephone number of a 24-hour on-call member who is engaged in the management of the Dispensary and who shall receive, log, and respond to complaints and other inquires. 5.63.260 Storage of Cash Overnight. Dispensaries shall obtain the services of a licensed armored vehicle service and arrange for daily pick-ups. 5.63.270 Testing A. Testing of Medical Marijuana. Dispensaries shall use an independent and certified laboratory to analyze a representative sample from each separately procured batch of dried medical marijuana and a representative sample of each separately procured batch of edible marijuana for pesticides and any other regulated contaminants pursuant to established local, state, and federal regulatory and statutory standards at levels of sensitivity established for the food and drug supply before providing the medical marijuana to its members. Any medical marijuana from which the representative sample analysis tested positive for a pesticide or other Page 17 of 20 contaminant at a level which exceeds the local, state, or federal regulatory or statutory standard for the food and drug supply shall not be provided to members and shall be destroyed forthwith. Any medical marijuana provided to members shall be properly labeled in strict compliance with state and local laws. B. Testing Log. Dispensaries shall maintain and publicly display a written log at the location documenting the date, type, and amount of marijuana tested; the name of the laboratory where the marijuana was tested; the laboratory report containing the results of the testing, including the name and level of the substance detected; and the disposition of the marijuana from which the contaminated sample was obtained, including the amount of marijuana and the date and manner of disposition. 5.63.280 Acceptable Method of Cannabis Distribution/Prohibition on Wholesale Operations and Deliveries. A. Dispensaries shall not dispense or distribute, sell, transfer or in any other way provide cannabis other than by direct, face-to-face, in person transaction with a patient or caregiver at the permitted facility. B. Cannabis shall not be provided by any other means of delivery. 5.63.290 Dispensary Closures During Authorized Hours. Dispensaries shall not close during authorized operating hours, either on a temporary or ongoing basis. Any temporary or ongoing closures, except for those necessary during an emergency situation, shall be pre - approved by the City Manager. Failure to gain approval from the City Manager prior to closure shall be grounds for revocation of the Operator's Permit pursuant to Section 5.63.120. 5.63.300 Minors Prohibited. A. The presence of minors, under the age of eighteen years, on the premises of a dispensary is strictly prohibited unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian. B. No permittee shall cause, permit or allow, either by act or by failure to act, the violation of subsection A of this section. Any violation of subsection A of this section shall subject the permittee of the dispensary where the violation occurred to the immediate revocation of the Operator's Permit pursuant to Section 5.63.120(A)(1 )(a) of this Chapter. 5.63.310 Administrative Guidelines. The City Manager may establish and amend Administrative Guidelines, as needed to administer this Chapter, implement the permit application and selection processes, introduce additional application requirements not inconsistent with the requirements of this Chapter, and to impose appropriate and beneficial conditions of permit approval. The Administrative Guidelines shall have the force of law, and shall be enforceable in the same manner and to the same extent as the provisions of this Chapter. Page 18 of 20 5.63.320 Business License Tax contrary, all cannabis dispensaries shall pay or at a designated higher rate, if adopted, organization. Notwithstanding any provision to the an annual business license tax at the retail sales rate based on gross receipts, even if it is a non-profit Section 2. Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 3. Effective Date This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. MOVED AND PASSED upon first reading this 1St day of March, 2011, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall None None None MOVED, PASSED AND ADOPTED this 15th day of March, 2011, upon second reading by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall None None None Deputy City Cl CITY OF BEAUMONT By .14 Mayor Page 19 of 20 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 991 duly introduced at a regular meeting of the City Council of the City of Beaumont held on March 1, 2011, and was duly adopted upon a second reading on March 15, 2011, by the roll call votes indicated therein. (SEAL) By Deputy City Cler Page 20 of 20 CITY OF BEAUMONT Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, March 1, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 991: An Ordinance of the City Council of the City of Beaumont Amending Title 5 of the Beaumont Municipal Code by Adding Chapter 5.63 Regarding Medical Cannabis Dispensaries. Ordinance No. 991 was adopted at its second reading on March 15, 2011 by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: None Date: March 21, 2011 Shelby Hanvey Administrative Services Manager Published: One time only no later than March 25, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 991 - 39691 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 18, 2011 Executed on: 02/18/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 1, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 991: An Ordinance of the City Council of the City of Beaumont Amending Tide 5 of the Beaumont Municipal Code by Adding Chapter 5.63 Regarding Medical Cannabis Dispensaries, The purpose of this ordinance is to require an annual permit to establish and operate medical cannabis dispensaries in the City of Beaumont in the event the ban on dispensaries is overtumed in a court of law. Date: February 15, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 39691 02118, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 991 - 39691 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. 1 am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 18, 2011 Executed on: 02/18/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 1, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 991: An Ordinance of the City Council of the City of Beaumont Amending Title 5 of the Beaumont Municipal Code by Adding Chapter 5.63 Regarding Medical Cannabis Dispensaries, The purpose of this ordinance is to require an annual pemrit to establish and operate medical cannabis dispensaries in the City of Beaumont in the event the ban on dispensaries is overtumed in a court of law. Date: February 15, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 39691 02/18,2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 991-42250 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit March 25, 2011 Executed on: 03/25/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, March 1, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 991: An Ordinance of the City Council of the City of Beaumont Amending Title 5 of the Beaumont Municipal Code by Adding Chapter 5.63 Regarding Medical Cannabis Dispensaries. Ordinance No. 991 was adopted at its second reading on March 15, 2011 by the following vote: AYES: Mayor De Forge, Conrail Members Berg, Castaldo, Fox, and Gall. NOES: None ABSTAIN: None ABSENT None Date: March 21, 2011 s Shelby Hanvey Administrative Services Manager Publish The Record Gazette No. 42250 03/25, 2011 gtJ ORDINANCE NO. 992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING SECTION 5.26 "SOLICITATION" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Ordinance 660, codified as Chapter 5.26, entitled "Solicitation", is hereby repealed in its entirety. Section 2: Ordinance 919, codified as Chapter 5.64, is hereby amended in its entirety to read as set forth on Exhibit "A", attached hereto. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of April, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 3rd day of May, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: Deputy City Clerk CITY OF BEAUMONT 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 992 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 6, 2011 and was duly adopted upon a second reading on c; - , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Deputy City Clerk 2 Chapter 5.64 COMMERCIAL PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS Sections: 5.64.010 Definitions. 5.64.020 Applicability of Chapter. 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. 5.64.050 Permit Procedures. 5.64.060 Issuance of Permit. 5.64.070 Denial of Permit. 5.64.080 Revocation of Permit. 5.64.090 Police Chiefs Power to Order Cessation of Business. 5.64.100 Appeal of Permit Denial, Revocation or Suspension. 5.64.110 Peddler, Solicitor or Itinerant Merchant Permittee Responsibility. 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. 5.64.130 Conditions of Peddler, Solicitor or Itinerant Merchant Permit. 5.64.140 Hours of Operation. 5.64.150 ID Display Requirements. 5.64.160 Garbage Disposal. 5.64.170 Noise Requirements. 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. 5.64.190 Interstate Commerce. 5.64.200 Violations—Penalties. 5.64.210 Seizure of Goods. 5.64.220 Procedure for Release of Perishable Goods. 5.64.010 Definitions. Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. "Itinerant merchant" means any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. "Mobile unit" means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. "Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. "Peddler," for purposes of this Chapter, means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit. "Peddling" means the act of being a peddler. "Permittee" means the holder of a peddler or itinerant merchant permit. "Person" means any natural person, corporation, association, co -partnership, or any other organization however organized. "Solicitor," for purposes of this Chapter, means any person who, for commercial purposes or causes, travels either by foot, motor vehicle, mobile unit or any other type of conveyance, from place to place taking or attempting to take orders for the sale of goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not. (Ord. No. 919, § 1,8-21-07) 5.64.020 Applicability of Chapter. A. Exemptions. 1. There shall be exempted from the prohibitions of this Chapter the activities of solicitors and peddlers selling and soliciting sales of newspapers from sidewalks abutting on public streets, except that no such solicitor or peddler shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, twenty -foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers. Notwithstanding any of the foregoing, a peddler or solicitor may not sell or solicit sales of newspapers in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic. 2. Peddlers, solicitors and itinerant merchants shall be exempt from the provisions of this Chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the City. 3. Garage or yard sales on private property shall be exempt from the provisions of this Chapter, except that the provisions of Section 5.08.11 0 shall apply to any such activities. B. Compliance by Existing Licensees. The provisions of this Chapter shall apply to any and all currently -permitted and/or licensed commercial peddlers, solicitors, and itinerant merchants by the City, who shall apply for, and obtain a permit in accordance with the provisions of this Chapter within ninety (90) days of its effective date. (Ord. No. 919, § 1,8-21-07) 5.64.030 Peddling and Soliciting on Certain Premises Prohibited. No peddler or solicitor nor any person pretending to be a peddler or solicitor, whether otherwise regulated by this Chapter or not, shall ring the bell or knock at any building whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a peddler or solicitor has an appointment with the occupants of such building. (Ord. No. 919, § 1,8-21-07) 5.64.040 Peddler, Solicitor and Itinerant Merchant Permit Required. It shall be unlawful for a person to engage in the business or activities of peddler, solicitor or itinerant merchant within the City except pursuant to and in strict compliance with a valid permit issued by the chief of police or his designee as provided in this Chapter. It shall be unlawful for any peddler, solicitor or itinerant merchant permittee to allow or tolerate any person who does not also have a peddler, solicitor or itinerant merchant permit to work for or under the direction of, or on behalf of, or as an agent of the permittee. The requirements for a permit under this Chapter shall be in addition to requirements of Title 5 of this Code relating to business licenses. (Ord. No. 919, § 1,8- 21-07) 5.64.050 Permit Procedures. A. Permit -Application. Every application for a peddler, solicitor or itinerant merchant permit under this Chapter shall be made on a form provided by the chief of police or his designee, and shall contain the following information: 1. Name, mailing address, home address, and telephone number of applicant. 2. Presentation of a California driver's license, if any, or other photographic identification issued by a state or United States federal agency establishing the applicant's age as eighteen (18) or older. 3. Two (2) recent portrait photographs that clearly and accurately depict the applicant's current facial features. 4. The name under which the peddler, solicitor or itinerant merchant business or activity will be conducted, the address and telephone number of such business, and the name of the business owner. 5. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity. 6. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the license plate state and number for any motor vehicle. 7. The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this Chapter, and if so, the circumstances of such suspension, revocation or conviction. 8. The applicant's consent to a fingerprint check by the chief of police or his designee. 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten (10) years, and the nature of each such offense and the punishment or penalty assessed therefor. 10. A health permit, if required by the County of Riverside, issued by the County Health Department. 11. Evidence of motor vehicle insurance. 12. A permit fee in an amount established by the City Council. B. Permit -Term. Any peddler, solicitor or itinerant merchant permit issued pursuant to this Chapter shall be valid for a period of one (1) year from the date of issuance. (Ord. No. 919, § 1, 8-21-07) 5.64.060 Issuance of Permit. The chief of police or his designee shall grant the peddler, solicitor or itinerant merchant permit within ten (10) days after receiving the completed application if he or she finds that all of the following requirements have been met: A. The required fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one (I) year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. (Ord. No. 919, § 1,8-21-07) 5.64.070 Denial of Permit. If the chief of police or his designee finds that all the requirements of Section 5.64.060 have not been met, he or she shall deny the application for the peddler, solicitor or itinerant merchant permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8-21-07) 5.64.080 Revocation of Permit. Any peddler, solicitor or itinerant merchant permit may be revoked by the chief of police for good cause shown including but not limited to any of the following reasons: A. Falsification of any information supplied by the permittee upon which issuance of the permit was based. B. Failure of the permittee or any employees or agents of the permittee to comply with the regulations set forth in this Chapter. C. The permittee's conviction at any time of any offense involving moral turpitude or dishonesty, including but not limited to any of the following: I. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531,532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler, solicitor or itinerant merchant business or activity. D. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permittee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. (Ord. No. 919, § 1,8-21-07) 5.64.090 Police Chiefs Power to Order Cessation of Business. Notwithstanding anything in this Chapter to the contrary, the chief of police shall have the authority to order the immediate cessation of peddling, soliciting or itinerant merchant activities upon revocation of a permit under this section if he or she deems it reasonably necessary for the preservation of the public health, safety or welfare. Prior to an action to require the immediate cessation of any such business, or within twenty-four (24) hours following such action, the chief of police shall issue a written notice to the permittee setting forth in detail the basis for such action. (Ord. No. 919, § 1,8-21-07) 5.64.100 Appeal of Permit Denial, Revocation or Suspension. A. Any applicant for a peddler, solicitor or itinerant merchant permit, or a permittee, shall have the right to appeal from a decision by the chief of police to deny a permit application or to revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the City Manager or by an administrative hearing officer designated by or at the request of the City Manager, upon not less than fifteen (15) days' written notice to the appellant. The City Manager or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the City Manager or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the City Manager or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section I094.6(b), with a copy submitted to the city clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. Except as provided in Section 5.64.090, if a timely appeal is filed, any revocation shall be stayed pending the decision of the City Manager. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (I) year following such final action. (Ord. No. 919, § 1,8-21-07) 5.64.110 Peddler, Solicitor or Itinerant Merchant Permittee Responsibility. The act or omission of any peddler, solicitor or itinerant merchant permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this Chapter to be the act or omission of the peddler, solicitor or itinerant merchant permittee regulated by this Chapter. (Ord. No. 919, § 1,8-21-07) 5.64.120 Peddling or Soliciting From Fixed Location Prohibited. It shall be unlawful for any person to operate a peddler, solicitor or itinerant merchant business from a fixed location in or on any public street, sidewalk, parking lot, right-of-way, city plaza, or other public property unless permitted in accordance with this Chapter. (Ord. No. 919, § 1,8-21-07) 5.64.130 Conditions of Peddler, Solicitor or Itinerant Merchant Permit. A. Each peddler, solicitor or itinerant merchant permit issued by the chief of police or his designee shall be subject to the terms and conditions set forth in this Chapter, and any additional conditions deemed reasonably necessary by the chief of police for the protection of the public health, safety or welfare. B. The provisions of this Chapter shall constitute operating regulations conditioning each and every permit hereunder. It shall be unlawful for any person to engage in a peddler, solicitor or itinerant merchant business or activity in violation of these provisions. C. Notwithstanding anything in this Chapter to the contrary, no peddler, solicitor or itinerant merchant shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley or sidewalk, or which would unreasonably obstruct vehicular sight distances. (Ord. No. 919, § 1,8-21-07) 5.64.140 Hours of Operation. No person shall engage in a peddler, solicitor or itinerant merchant business or activity upon any private place, or any street, sidewalk, right-of-way, or other public place in the City between the hours of nine p.m. (9:00 p.m.) or one-half (1/2) hour after sunset, whichever comes first, and eight a.m. (8:00 a.m.) of the following day. (Ord. No. 919, § 1, 8-21-07) 5.64.150 ID Display Requirements. A. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the chief of police or his designee, containing such information, including a suitable photograph, as the chief of police or his designee may require. The ID card shall be worn on the person's outermost garment, with the picture facing outward. B. Each person who is engaged in a peddler, solicitor or itinerant merchant business or activity shall, at all times while so engaged, have affixed in a conspicuous place on each motor vehicle or mobile unit being used in such business or activity, an identifying placard or other identifying emblem, to be provided by the chief of police or his designee. (Ord. No. 919, § 1, 8-21-07) 5.64.160 Garbage Disposal. No peddler, solicitor or itinerant merchant shall discard or deposit, or cause or allow to be discarded or deposited by any customer or person solicited, any garbage, sewage or any other waste materials or products onto any public or private property or into any public or private storm drain system. AH motor vehicles and mobile units being used in a peddler, solicitor or itinerant merchant business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit. (Ord. No. 919, § I, 8-21-07) 5.64.170 Noise Requirements. Any person engaged in a peddler, solicitor or itinerant merchant business shall comply with all applicable noise regulations. (Ord. No. 919, § 1,8-21-07) 5.64.180 Parking and Stopping Restrictions -Motor Vehicle -Based and Mobile Unit Peddlers, Solicitors and Itinerant Merchants. A. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to: 1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting said business, at any place on a public street, sidewalk, parking lot, right-of-way, or other public place, or within five hundred (500) feet thereof, for a total period of time exceeding fifteen (15) minutes within any two-hour period. 2. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right-of-way, or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property. B. It shall be unlawful for any motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant to conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street. C. No motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within two hundred (200) feet of another motor vehicle -based or mobile unit peddler, solicitor or itinerant merchant who has already stopped to conduct business. (Ord. No. 919, § 1,8-21-07) 5.64.190 Interstate Commerce. None of the fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler, solicitor or itinerant merchant to place an undue burden on interstate commerce, he or she may apply to the City Manager, before or up to six (6) months following payment of the fee, for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the City Manager to determine the extent of the burden on interstate commerce. The decision of the City Manager may be appealed to the City Council. (Ord. No. 919, § 1, 8-21-07) 5.64.200 Violation—Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. 5.64.210 Seizure of Goods. Upon the citation or arrest of any person for violation of Section 5.64.040 of this Chapter, the City may seize and impound all perishable and nonperishable goods in the possession of the unlicensed peddler, solicitor or itinerant merchant. "Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for sale. "Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers. (Ord. No. 919, § I, 8-21-07) 5.64.220 Procedure for Release of Perishable Goods. A. Following citation or arrest pursuant to Section 5.64.040 of this Chapter, the unlicensed peddler, solicitor or itinerant merchant shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. B. The City shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the peddler, solicitor or itinerant merchant arrested or cited, in order to provide that owner with an opportunity to retrieve the goods within twenty-four (24) hours. The rightful owner, as set forth in the declaration described in subsection A. of this section, must present valid identification to the City before the City will release any seized goods. C. If the unlicensed peddler, solicitor or itinerant merchant claims to be the rightful owner of the seized perishable goods, such peddler, solicitor or itinerant merchant must present valid identification to the City, and must sign the declaration described in subsection A. of this section declaring himself or herself to be the rightful owner. In such case, the City shall provide such peddler, solicitor or itinerant merchant the opportunity to either: 1. Contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods within twenty-four (24) hours; or 2. Sign a release allowing the City to immediately dispose of or donate any seized perishable goods if the goods cannot be picked up within twenty-four (24) hours. D. Prior to releasing, disposing or donating any perishable goods seized pursuant to Section 5.64.210 of this Chapter, the City shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. E. Any perishable goods not retrieved within twenty-four (24) hours shall be immediately donated or discarded by the City, with no liability to the City for such action. F. Nothing contained in this Chapter shall limit the authority of the City to cite the owner of the seized goods for violations of this Code. G. The police chief may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this section. (Ord. No. 919, § 1,8-21-07) Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 992 State of California County of Riverside SS. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 4, 2011 Executed on: 03/04/2011 At Banning , CA t ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a pudic hearing on Tuesday, March 15, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 992 An Ordinance of the City Council of the City of Beaumont, California that wit amend Chapter 5.26 'Solicitation' of the Beaumont Municipal Code. The purpose of this amendment is to update Title 5.26 'Solicitation' to deify and simplify solicitation procedures within the City of Beaumont. Date: March 1, 2011 Chris Tracy Associate Plainer Publish The Record Gazette No. 40502 03/04, 2011 ORDINANCE NO. 993 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING A ZONE CHANGE TO CHANGE THE ZONING FOR A 0.14 ACRE AREA OF LAND FROM R -SF (RESIDENTIAL SINGLE- FAMILY) TO CG (COMMERCIAL GENERAL) (11-RZ-01) LOCATION: 630 CALIFORNIA AVENUE (418-083-007) WHEREAS, the City of Beaumont initiated a change of the zoning for a 0.14 acre area of land, which is described in Exhibit "A" which is attached hereto; and WHEREAS, the zoning designation for the subject site at the present time is R -SF (Residential Single -Family); and WHEREAS, the proposed rezoning action would establish a zoning designation of CG (Commercial General), and would facilitate the development of the site consistent with the standards and guidelines contained in the CG zone / City of Beaumont Municipal Code; and WHEREAS, the proposed change is consistent and compatible with existing zoning designations adjoin and in the vicinity of the subject area; WHEREAS, this zone change implements a General Plan Amendment adopted on the same date to designate this site for commercial development; WHEREAS, the Beaumont Planning Commission conducted a duly noticed public hearing on February 8, 2011; and WHEREAS, the Beaumont City Council conducted a duly noticed public hearing on March 1, 2011; and WHEREAS, the Environmental Impact Report prepared for the General Plan Update, Certified in March of 2007, adequately addressed considerations and prospective impacts relative to the changes of this designation, and complies with the requirements of the California Environmental Quality Act. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Official Zoning Map of the City of Beaumont is hereby amended to designate the subject property described in attached Exhibit "A" for the following zoning designation on Exhibit "A" SECTION 2: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in a newspaper of general circulation, printed and published in the City of Beaumont, in a manner prescribed by law for the publishing of ordinances of the said City. ORDINANCE NO. 991 vote: MOVED, PASSED AND APPROVED this 1st day of March, 2011, upon the following AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None vote: MOVED, PASSED AND ADOPTED this 15th day of March, 2011, upon the following AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None Mayor of the ' ty o Beaumont Attest: Deputy City Cler,. City of Bea 0 ont ORDINANCE NO. 991 SEV(N7 0 , °, , ® d 6>' /40' f ® 4 6i 8 • /O 45 tl LEGAL DESCRIPTION EXHIBIT "A" YT' 0 /6.' i6 ]. 06` 06' 45 tl 25 . 4 A. 120• O r .25 f 0.4' O w 13- n 8 /2 7 24 a Z /B 9 Ari /4 I,i° I ,ao j �• / 4 /4 a H' .76' R' AY 0.' YT' 0 1 m® i6 ]. 06` 06' 06' 25 . 4 A. 120• 6 r .25 f 0.4' O w 13- n 8 /2 ~$5 24 122 21I 20 6. 118 17 Ari /4 I,i° I j j i— - - .76' R' AY 0.' :6 :. O liiu 4-11-40 �T. APN PAGE 418-080 x °-Il.1 /6a• 1 m® 25 124 I 4 ca 120• 6 t • 8 O w 13- n 8 /2 S p x °-Il.1 I°I 1 m® 25 124 I 23 122 I 120• 6 j A5 i /4 (�� 13- n 8 � () • j � I r•T ORDINANCE NO. 991 LEGAL DESCRIPTION EXHIBIT "A" LOT 12 BLK 82 MB 006/016 SB AMENDED MAP Ci of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 www.ci.beaumont.ca.us Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont Planninjz Commission and City Council will conduct public hearings with respect to the matters described below. The Planninj' Commission's public hearing will be held on Tuesday, February 8, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223. The City Council's public hearing on this matter will be held at 6:00 p.m. on Tuesday, March 1, 2011 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): General Plan Amendment No. 11 -GPA -01, and Rezone 11-RZ-01 (Ordinance No. )., Rocky's Pawn Shop located at 100 E. 6th Street would like to expand their use to the property behind the retail store located at 630 California Avenue (APN 418-083-007) which would require a General Plan Amendment to amend the land use designation from Single Family Residential to General Commercial and a Re -zone to change the zoning designation from R -SF (Residential -Single Family) to CG (Commercial General). This process is being done to bring the property into compliance with the Beaumont Municipal Code and allow the pawn shop to expand to this property. For further information visit the City of Beaumont Document Center on the City's website at www.ci.beaumont.ca.us. Staff reports are made available to the public four (4) days prior to the public hearing. The applicant for this project is Rocky Dilucchio. Date: January 27, 2011 arsinski Community Development Analyst Published: One time only no later than January 29, 2011 ORDINANCE NO. 994 AN ORDINANCE OF OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 8.12.023 OF THE BEAUMONT CICODE RE: "UNAUTHORIZED DISPOSAL --PROHIBITED" BE IT ORDAINED BY THE CITY COUNCCILL OF HECITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNI A AS Section 1: Section 8.12.023 of Chapter 8.12 of theBeaumont Municipal Code, entitled "Unauthorized Disposal—Prohibited" is hereby added to y "Section 8.12.023 Unauthorized Disposal—Prohibited other No person property or deposit any debris, trash, or other personal property upon any person's in any other person's trash bin or can without that person's permission. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of April, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Berg MOVED, PASSED AND ADOPTED this 19th day of April, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: By Deputy City Clerk Brian De Forge ayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 995 duly introduced at a regular meeting of the City Council of the City of Beaumont h caelll otes indicated theron April 5, 2011, e nd was duly adopted upon a second reading on April 19, 2011 by the roll CITY OF BEAUMONT By (SEAL) Deputy City Cler 2 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 5, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 994: An Ordinance of the City Council of the City of Beaumont, California Adding Section 8.12.023 of the Beaumont Municipal Code RE: "Unauthorized Disposal — Prohibited" Date: March 21, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on March 25, 2011 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 994-42253 State of California ) County of Riverside ) SS. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 25, 2011 Executed on: 03/25/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 5, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 994: An Ordinance of the City Counal of the City of Beaumont, California Adding Section 8.12.023 of the Beaumont Municipal Code RE: "Unauthorized Disposal - Prohibited" Date: March 21, 2011 -ss- Shelby Harney Deputy City Clerk Publish The Record Gazette No. 42253 03125, 2011 ORDINANCE NO. 995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.16.030 OF CHAPTER 1.16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "VIOLATION—INFRACTION—PENALTY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 1.16.030 of Chapter 1.16 of the Beaumont Municipal Code, entitled "Violation—Infraction—Penalty" is hereby amended in its entirety to read as follows: "Section 1.16.030 Violation—Infraction—Administrative Fine—Penalty A. Except as provided in subsection B below and in cases where a different punishment is prescribed by any Ordinance of the City, any person subject to code enforcement by administrative citation or convicted of an infraction for violating an Ordinance of the City, is punishable by: i. A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $200.00 for a second violation of the same Ordinance within one year; iii. A fine not exceeding $500.00 for each additional violation of the same Ordinance within one year of the first violation. The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. B. Notwithstanding any other provision of law, a violation of a City building and safety code provision is punishable by: i. A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $500.00 for a second violation of the same provision within one year; iii. A fine not exceeding $1,000.00 for each additional violation of the same provision within one year of the first violation." The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. 1 Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 5th day of April, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Berg MOVED, PASSED AND ADOPTED this 19th day of April, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cler By BRIAN DE FOR , ayor 2 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 995 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 5, 2011 and was duly adopted upon a second reading on April 19, 2011, by the roll call votes indicated therein. CITY OF BEAUMONT By Deputy City Clerk (SEAL) 3 Chapter 1.16 GENERAL PENALTY Sections: 1.16.010 Violation -Misdemeanor -When. 1.16.020 Violation -Misdemeanor -Penalty. 1.16.030 Violation -Infraction -Penalty. 1.16.040 Separate Offense. 1.16.010 Violation -Misdemeanor -When. Any person violating any of the provisions ling to comply with any of the mandatory requirements of the ordinances of the City, shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance. (Ord. No. 828, § I, 4-2-02) 1.16.020 Violation -Misdemeanor -Penalty. Except in cases where a different punishment is prescribed by any ordinance of the City any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six months or by both such fine and imprisonment. (Ord. No. 828, § 1, 4-2-02) 1.16.030 Violation—Infraction— Administrative Fine—Penalty. A. Except as provided in subsection B below and in cases where a different punishment is prescribed by any Ordinance of the City, any person subject to code enforcement by administrative citation or convicted of an infraction for violating an Ordinance of the City, is punishable by: i. A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $200.00 for a second violation of the same Ordinance within one year; iii. A fine not exceeding $500.00 for each additional violation of the same Ordinance within one year of the first violation. The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. B. Notwithstanding any other provision of law, a violation of a City building and safety code provision is punishable by: i. A fine not exceeding $100.00 for a first violation; ii. A fine not exceeding $500.00 for a second violation of the same provision within one year; iii. A fine not exceeding $1,000.00 for each additional violation of the same provision within one year of the first violation. The fourth violation and every violation of the same Ordinance within one year may thereafter be charged as a misdemeanor. 1.16.040 Separate Offense. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. No. 828, § 1, 4-2-02) Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 995-42254 State of California County of Riverside ) SS. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 25, 2011 Executed on: 03/25//2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. ✓!/� . _ .411".. _...r�"'7► Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 5, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.18.030 OF CHAPTER 1.16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "VIOLATION—INFRACTION—PENALTY" Date: March 21, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 42254 03/25, 2011 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 5, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 1.16.030 OF CHAPTER 1.16 OF "VIOLATION IN RACTION E BEAUMONT MUNICIPAL CODE ENTITLED PENALTY" Date: March 21, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on March 25, 2011 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 ORDINANCE NO. 996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 15 OF THE BEAUMONT MUNICIPAL CODE RE: BUILDINGS AND CONSTRUCTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Municipal Code Sections 15.03, 15.04, 15.08 and 15.20 are hereby repealed, Section 2: Municipal Code Sections 15.03, 15.04, 15.08, 15.15, 15.20 and 15.22 are hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 19th day of April, 2011 by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: ABSTAIN: ABSENT: MOVED, PASSED AND ADOPTED this reading by the following roll call vote: 3rd day of May , 2011, upon second AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: 7 r Deputy City Clerk CITY OF BEAUMONT 1 Title 15 BUILDINGS AND CONSTRUCTION Chapters: 15.03 Administration 15.04 Building Code 15.08 Building Fees 15.10 California Elevator Safety Construction Code 15.11 California Historical Building Code 15.12 Electrical Code 15.13 California Existing Building Code 15.15 California Residential Code 15.16 Plumbing Code 15.17 Mechanical Code 15.19 Energy Code 15.20 Fire Code 15.22 California Green Building Code 15.24 Floodplain Management 15.28 Moving Buildings 15.32 General Plan Revision Fees 15.36 Basic Service Facility Fees 15.38 Building Inspector 15.40 Permit Streamlining 15.42 Earthquake Hazard Reduction in Existing Unreinforced 15.44 Building Occupancy Placards Sections: 15.03.010 15.03.015 15.03.020 Chapter 15.03 ADMINISTRATION Adoption of Chapter I, Division II Scope and Administration Department of Building and Safety Amendments to Chapter I, Division II Scope and Administration 15.03.010 Adoption of Chapter I, Division II Scope and Administration Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volume 1, Chapter 1 "Administration," including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. This administrative chapter shall apply to all codes listed in this title. 15.03.015 Department of Building and Safety The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The building official shall be appointed by the City Manager. With the concurrence of the City Manager, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers delegated by the building official. 15.03.020 Duties and Powers of Building Official The building official is authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 15.03.025 Amendments to Chapter I, Division II Scope and Administration The Administrative code is amended in part as follows: 101.4 Deleted in its entirety 105.3.2 Time limit of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 90 days upon request by the applicant. The extension shall be requested in writing and justifiable cause demonstrated showing that circumstances beyond the control of the applicant which has prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 109, Fees is amended to read as follows: 109.1.1 Plan Review Fees When submittal documents are required by Section 109.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official. 109.4 Work commencing before permit issuance Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 109.4.1 Investigation fee An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the minimum fee as defined in Section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 109.6 Fee Refunds The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit or which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 109.7 Re -inspections A re -inspection fee may be assessed for each inspection or re -inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re- inspection. Re -inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re -inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re -inspection fee in accordance with the fee schedule adopted by the jurisdiction. In instances where re -inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 110 Inspections is amended to read as follows: 110.3.5 Lathe and gypsum board inspections The exception is deleted in its entirety. Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption of California Building Code 15.04.020 Amendments to the California Building Code 15.04.030 Violation—Penalty 15.04.010 Adoption of California Building Code. Except as otherwise provided in this Chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volumes 1 and 2, including, Appendix C, Group U -"Agricultural Buildings", Appendix F "Rodent Proofing", Appendix I "Patio Covers", and Appendix J "Grading", is hereby adopted by this reference as the Code for the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City providing for the issuance of permits and collection of fees therefore; and each and all of the amendments to such Building Code as may hereafter be adopted by the State of California shall be made a part of this Chapter without further action by the City Council. 15.04.020 Amendments to the California Building Code. The Building Code is amended in part as follows: Chapter 18:SOILS AND FOUNDATIONS, Section 1801.1 is amended to add: "Where relevant to grading, drainage and soil investigation, `Building Official' shall also mean and include City Engineer/Director of Public Works or his/her designee." Appendix "J" GRADING, Section J103.1 is amended by adding: "Wherever the word `Building Official' is used, it shall also mean and include City Engineer/Director of Public Works or his/her designee." Section J109.4 is amended to read: "Drainage across property lines. All graded lots shall drain to the street or publicly maintained facility. Cross lot drainage may be allowed at the sole discretion of the City Engineer/Director of Public Works. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained onsite or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by the installation of nonerosive down drains or other devices acceptable to the City Engineer." Section J110 -Erosion Control – first paragraph is amended to read: "General. The faces of cut and fill slopes and graded surfaces shall be prepared and maintained to control erosion. This control shall be permitted to consist of effective planting and other practicable means." 15.04.030 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Building Code is an infraction. Sections: 15.08.010 15.08.020 Chapter 15.08 BUILDING FEES Permit Issuance Fees Additional Fee 15.08.010 Permit Issuance Fees. The following fees, the amount of which shall be established from time -to -time by action of the City Council, shall be collected prior to the issuance of a permit: A. Plan Check Fees and Deposits. B. Permit Fees. C. Re -inspection Fees. 15.08.020 Additional Fee. In addition to the permit fees, the following fee is to be collected prior to the issuance of a permit: Strong Motion Instrumentation Program (SMIP), 0.007 percent per thousand dollars of valuation with a minimum of fifty cents for each permit. (S.B. 1374 Chapter 1152 ALQUIST). Chapter 15.10 ELEVATOR SAFETY CONSTRUCTION CODE Sections: 15.10.010 Adoption of California Elevator Safety Construction Code 15.10.020 Violation --Penalty 15.10.010 Adoption of California Elevator Safety Construction Code. Except as otherwise provided in this Chapter, the California Elevator Safety Construction Code, Title 24, California Code of Regulations, Part 7, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Elevator Safety Construction Code. 15.10.020 Violation—Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Elevator Safety Construction Code is an infraction. Chapter 15.11 HISTORICAL BUILDING CODE Sections: 15.11.010 Adoption of California Historical Building Code 15.11.020 Violation—Penalty 15.11.010 Adoption of California Historical Building Code. Except as otherwise provided in this Chapter, the California Historical Building Code, Title 24, California Code of Regulations, Part 8, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Historical Building Code. 15.11.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Historical Building Code is an infraction. Chapter 15.12 ELECTRICAL CODE Sections: 15.12.010 Adoption of California Electrical Code 15.12.020 Violation—Penalty 15.12.010 Adoption of California Electrical Code. Except as otherwise provided in this Chapter, the California Electrical Code, Title 24, California Code of Regulations, Part 3, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Electrical Code. 15.12.020 Violation—Penalty. A. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Electrical Code is an infraction. B. It shall be a violation of this Chapter, punishable as an infraction, for any person, firm or corporation to make connection from a source of electrical energy to an installation for which a permit is required, unless such person, firm or corporation has obtained a certificate of approval from the building inspector that such wiring devices, appliances or equipment are in conformity with all the requirements of this code. Chapter 15.13 CALIFORNIA EXISTING BUILDING CODE Sections: 15.13.010 Adoption of California Existing Building Code 15.13.020 Violation—Penalty 15.13.010 Adoption of California Existing Building Code. Except as otherwise provided in this Chapter, the California Existing Building Code, Title 24, California Code of Regulations, Part 10, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Existing Building Code. 15.13.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Existing Building Code is an infraction. Sections: 15.15.010 15.15.020 Chapter 15.15 RESIDENTIAL CODE Adoption of the California Residential Code Violation – Penalty 15.15.010 Adoption of the California Residential Code. Except as otherwise provided in this Chapter, the California Residential Code, Title 24 California Code of Regulations, Part 2.5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Residential Code. 15.15.020 Violation -Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Residential Code is an infraction. Chapter 15.16 PLUMBING CODE Sections: 15.16.010 Adoption of California Plumbing Code 15.16.020 Violation—Penalty 15.16.010 Adoption of California Plumbing Code. Except as otherwise provided in this Chapter, the California Plumbing Code, Title 24, California Code of Regulations, Part 5, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Plumbing Code of the City. 15.16.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Plumbing Code is an infraction. Chapter 15.17 MECHANICAL CODE Sections: 15.17.010 Adoption of California Mechanical Code 15.17.020 Violation—Penalty 15.17.010 Adoption of California Mechanical Code. Except as otherwise provided in this Chapter, the California Mechanical Code, Title 24, California Code of Regulations, Part 4, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Mechanical Code of the City. 15.17.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Mechanical Code is an infraction. Chapter 15.19 ENERGY CODE Sections: 15. 19.010 Adoption of California Energy Code 15.19.020 Violation—Penalty 15.19.010 Adoption of California Energy Code. Except as otherwise provided in this Chapter, the California Energy Code, Title 24, California Code of Regulations, Part 6, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Energy Code. 15.17.020 Violation—Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Energy Code is an infraction. Chapter 15.20 FIRE CODE Sections: 15.20.010 Adoption of California Fire Code 15.20.010 Adoption of Riverside County Ordinance 787.6 adopted by the Riverside County Board of Supervisors on February 15, 2011, entitled "AN ORDINANCE OF THE COUNTY OF RIVERSIDE ADOPTING THE 2010 CALIFORNIA FIRE CODE AND 2010 CALIFORNIA BUILDING STANDARDS CODE IN THEIR ENTIRETY FOR 1) REGULATING AND GOVERNING THE SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS (ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES) AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE COUNTY OF RIVERSIDE, AND 2) PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREOF." Including any and all amendments thereto that may hereafter be made and adopted by Riverside County, is hereby adopted as the City Fire Code. 15.20.020 Violation- Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Fire Code is an infraction. Chapter 15.22 GREEN BUILDING CODE Sections: 15.22.010 Adoption of California Green Building Code 15.22.020 Violation -Penalty 15.22.010 Adoption of California Green Building Code. Except as otherwise provided in this Chapter, the California Green Building Code, Title 24, California Code of Regulations, Part 11, including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Green Building Code. 15.22.020 Violation- Penalty. Violation of the provisions of this Chapter or failure to comply with any of the requirements of the Green Building Code is an infraction. CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 19, 2011, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 996 An Ordinance of the City Council of the City of Beaumont, California amending Chapter 15 of the Beaumont Municipal Code Entitled "Buildings and Construction" The purpose and intent of this Ordinance is to amend Chapter 15 of the Beaumont Municipal Code, `Buildings and Construction". A summary of recent changes by the California Building Standards Commission include: • Adoption of Part 2.5, California Residential Code • Adoption of Part 11, California Green Building Standards Code • Moved Administration portion from rear of code Appendix chapter 1, to front of code Division II Scope and Administration with some renumbering of code sections. This revision of Chapter 15 will incorporate these changes, and transfer previous local amendments into the appropriate sections. Date: 04/19/2011 Name: Laura Parmenter Title: Customer Service Coordinator Publish one time only in the Record Gazette on April 8, 2011. City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 ent By: RECORD GAZETTE - BANNING; 9518492437; Jun -1-11 12:45PM; Page 2/3 AdManqerPro - Mediaspan Mc...dia Software http ://74.100.228.218:8 090/AM PWe biOrderPrice ;,j session' ... LEGAL ADS "NON CITY Or DEALIMONT/LEGALS 550 EAST 6TH STREFT MEDIASPAN SEAUHONT, CA 92223 AOTAIONG Paul Reminders Ad... OTHER Graphlei Library Logout Oroar *00044174 Fully PutlIshed, Fully Invoiced Customer *0000248; , Miss Uner Order e00044274 Surety (swt) (caw) (taverner) Show: * CS01.1.0Fi:L'.7.77,7310 * Ad Cost Preview Cost AdDiStMentS Tex Net Payments 0.00 Amount Due 68,73 05er-llefinerf Cost 65.63 3.10 68.71 User-Deflned Cost . . 0.00 Receipts and Job Tickets pownload Rebeet powidoed lob "%Ka To Mune ;LEGAL ADS To Address (9.4sit Rettrot) Copyright 0 ZOOS meCIOSPlin meet* Software. All rocihrs reserved, LEGAL MQTICE NaT CE IS HEREBY GIVEN, thel 1110 Beal/MOft1 City 05unill will Owl:WC d. public hewing on Tuesday, Apra 1& 2011. al my 61)0 6E0 pin. in MOM 5 at the Beaumont Civic Cert. ter, 550 E 13th Street, Beaumont, California 92223. to receive teatirsdhy and commOnta from 68 ir tereslett beeche regarding the %Ang Metter(s): Car- din rocs Ito. - AnO' Of the toy coun- cil of the Clty et Beau- mont. California wound- ing Chapter f of the aelument effinielpei Coo* &tailed "Building• Ina Cenetroction" Tt outdate inteti Itits Ctofiarxe el 'to emend Chapter 18of the Beate mint MUnieIdal Code, "WIldingS kind•' Cionstrua lion" A summtly at recent changes by the Calttania Building Standards Corn - mission AdoptIcn cf Part 25, GaIIOmI ROO dares.; Code.' ActcpTion or Part II, Calftdria Green sulking Siwalik Code Moved AdmInairation pop San tram rear 01 code Op - pendia Marta 3.10 fool or corn Olvalori ir Scope and Administration with eon* renumPaing cl, dale sea tiara. Trio tenalan Crispier 13 W411,1notrnorole these cnenon, and tens* previoue Iccei arsendrnente Into the apprafirttie sea tithe. Delo O4/182011. Laura ammonite Nano Laura Parmenier Tills: Customer E6rV100 coon:meta Publish The Record Gaza* No. 44174 0408, 2011 Ch.ltflt Hur11.. 1 of 1 6/1/11 12:17 PM Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 2ND READING ORD. NO. 996-46602 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 20, 2011 Executed on: 05/20/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL ADVERTISEMENT NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, May 3, 2011, at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 996 - An Ordinance of the City Council of the City of Beaumont, Califomia Amending Chapter 15 of the Beaumont Municipal Code Entitled "Buildings and Construction"It is the purpose and intent of Ordinance #996 to amend Chapter 15 of the Beaumont Municipal Code "Buildings and Construction". The city is required to adopt and implement the codes which are published by the International Code Council as Califomia Code of Regulations Title 24 Parts 1-12, known collectively as the California Building Codes. Ordinance #990 was adopted at its second reading on May 3, 2011 by the following vote: AYES: Mayor De Forge, Mayor Pro Tem Berg, Council Members Castaldo, and Council Member Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox Name: -s- Christina Bowser Title: Code Compliance Officer Dated: May 11, 2011 Publish The Record Gazette No. 46602 05/20, 2011 ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTIONS 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 AND 13.12.020 OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code are each hereby amended in their entirety to read as follows: "Section Violation—Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 3rd day of Nay the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox ,2011,by MOVED, PASSED AND ADOPTED this 17th day of May reading by the following roll call vote: , 2011, upon second AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: City Clerk CITY OF BEAUMONT By CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 997 duly introduced at a regular meeting of the City Council of the City of Beaumont held on May 3 , 2011, and was duly adopted upon a second reading on May 17 , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) KAREN THOMPSON, City Clerk 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 997-44356 State of California ) County of Riverside ) ss. 1 am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 22, 2011 Executed on: 04/22/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 03, 2011, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 997 -An Ordinance of the City Council of the City of Beaumont, Califomia amending sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.58, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code It is the purpose and intent of this Ordinance that a uniform penalty provision applicable to all Onfinances in the BMC's be enacted so that violations of any such Ordinance would result in a penalty fashioned pursuant to the general penalty provision of Section 1.16.030. Date: 04/12/11. •s- Christina Bowser Name: Christina Bowser Title: Code Enforcement Officer Publish The Record Gazette No. 44356 04/22, 2011 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 03, 2011, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the following matter(s): Ordinance No. 997 An Ordinance of the City Council of the City of Beaumont, California amending sections 8.08.130, 8.28.020, 8.32.520, 8.36.140, 8.46.050, 8.50.100.5B, 9.02.090, 9.04.040, 9.10.050, 9.12.060, 9.22.050, 9.30.030, 9.32.050, 9.36.060, 12.16.120, 12.24.030, 12.28.040, 13.04.160, 13.08.650 and 13.12.020 of the Beaumont Municipal Code It is the purpose and intent of this Ordinance that a uniform penalty provision applicable to all Ordinances in the BMC's be enacted so that violations of any such Ordinance would result in a penalty fashioned pursuant to the general penalty provision of Section 1.16.030. Date: 04/12/11 Name: Christina Bowser Title: Code Enforcement Officer Publish one time only in the Record Gazette on April 22, 2011. ORDINANCE NO. 998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 17.13.040 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "PROHIBITION ON REAPPLICATION AFTER REVOCATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 17.13.040 of Chapter 17.13 is hereby added to read as follows: "17.13.040 Prohibition on Reapplication after Revocation. In the event the special use permit is revoked pursuant to Section 17.13.030, no new application for the same or similar permit shall be accepted within one year of the date of revocation." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of June , 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 19thday of July , 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Casaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTESTf Pat SHELBY HANVEYY eputy City lerk CITY OF BEAUMONT By BRIAN DEFORG - ayor 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 998 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 6/21/11 ,, and was duly adopted upon a second reading on 7/19/ , 2011, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) SHELBY HANVEY,Y, eputy City C 2 rrk Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 998 - 48095 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 3, 2011 Executed on: 06/03/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, June 21, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 998 An Ordinance of the City Council of the City of Beaumont, Califomia adding Sections 17.13.040 of the Beaumont Municipal Code Entitled "Prohibition on Reapplication After Revocation". The purpose of this amendment is to add Section 17.13.040 to Title 17.13 "Unlicensed Group limes" which prohibits reapplication for one year oiler a Speciai Use Permit is revoked. Date: June 1,2011 Rebecca Deming Assistant Director of Planning Publish The Record Gazette No. 48095 06/03,2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 999 - 50560 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 8, 2011 Executed on: 07/08/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council wit conduct a public hearing on Tuesday, July 19, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 2.08.100 OF THE BEAUMONT MUNICIPAL CODE RE: "CITY COUNCIL --SALARIES" Date: June 28, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on July 8, 2011 Publish The Record Gazette No. 50560 07/08, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1000 State of California County of Riverside ) ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 8, 2011 Executed on: 07/08/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Aiy-imko Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, July 19, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s):Ordinance No. 1000 An Ordinance of the City Council of the City of Beaumont Califomia amending Sections 17.07.070.A.12 of the Beaumont Municipal Code Entitled 'Flags". The purpose of this amendment is to amend Section 17.07.070A.12 "Flags" which regulates Flag pole height, quantities and flag sizes for commercial, industrial, agricultural, and residential properties. Date: June 30, 2011 Rebecca Deming Assistant Director of PlanningPublished: One time only no later than July 8, 2011 Publish The Record Gazette No. 50756 07/08, 2011 ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 2.08.100 OF THE BEAUMONT MUNICIPAL CODE RE: "CITY COUNCIL—SALARIES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 2.08.100 of Chapter 2.08 of the Beaumont Municipal Code, entitled "City Council—Salaries" is hereby amended in its entirety to read as follows: "Section 2.08.100 City Council—Salaries "Each member of the City Council shall receive a salary per month consistent with California Government Code Section 36516 , to be paid at the same time and in the same manner as salaries are paid to other officers and employees of the City. The salary may be increased by ordinance or by an amendment thereto, in an amount of up to 5% for each calendar year from the operative date of the last salary adjustment in effect when the ordinance or amendment is enacted." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 19th day of July, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: 'Council Member Fox MOVED, PASSED AND ADOPTED this 16th day of August, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATTE T: 111110 Deputy City Clem By CITY OF BEAUMONT BRIAN DEFORG ayor 1 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, July 19, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 2.08.100 OF THE BEAUMONT MUNICIPAL CODE RE: "CITY COUNCIL—SALARIES" Date: June 28, 2011 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on July 8, 2011 ORDINANCE NO. 1000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.07.070.A.12 OF THE BEAUMONT MUNICIPAL CODE RE: "FLAGS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Subsection A.12 of Section 17.07.070 of Chapter 17.07 of the Beaumont Municipal Code, entitled "Flags", is hereby amended in its entirety to read as follows: "12. Flags. Flags on commercial, industrial, or agricultural properties: a. maximum number of flags for property less than one (1) acre: three (3); maximum height of flag poles: thirty (30) feet; maximum area of each flag: sixty (60) square feet (measured one side only). b. maximum number of flags for property one (1) acre or larger: six (6); maximum height of flag poles: thirty (30) feet; maximum area of each flag: sixty (60) square feet (measured one side only) c. Flags on residential properties less than 3/4 acre: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: twenty (20) feet; maximum area of each flag: Forty (40) square feet (measured one side only) No flags displaying commercial messages, images or symbols may be displayed in residential zones. d. Flags on residential properties 3/ acre or larger: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: thirty (30) feet; maximum area of each flag: Forty (40) square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 19th day of July, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 16th day of August, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: ABSENT: None None AT T: Deputy City Cler, 1 12. Flags. Flags on commercial, industrial or agricultural properties: a. maximum number of flags for property Tess than one (1) acre: three (3); maximum height of flag poles: thirty (30) feet; maximum area of each flag: arty tweSixty (6042) square feet (measured one side only). b. maximum number of flags for property more than one (1) acre: six (6); maximum height of flag poles: thirty (30) feet; maximum area of each flag: €arty-two-Sixtv(6042) square feet (measured one side only). c. Flags on residential properties less than 3/ acre: maximum number of flags: three (3); maximum number of flag poles: one (1); maximum height of flag poles: twenty (20) feet; maximum area of each flag: Forty (40) square feet (measured one side only) No flags displaying commercial messages, images or symbols may be displayed in residential zones. d. Flags on residential properties 3/ acre or larger: maximum number of flags: three (3); maximum number of flag _poles: one (1)s maximum height of flag poles: thirty (30) feet; maximum area of each flag: Forty (40) square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones.Flags on residential displayed in residential zones. ORDINANCE NO. 1001 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DETERMINING IT WILL IMPLEMENT PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BEAUMONT WHEREAS, the Beaumont Redevelopment Agency ("Agency") is a redevelopment agency in the City of Beaumont organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and is authorized to transact business and exercise powers of a redevelopment agency; and WHEREAS, the City Council of the City of Beaumont adopted Ordinance No. 741 which approved and adopted the Redevelopment Plan for the City of Beaumont ("Redevelopment Plan") covering certain properties within the Redevelopment Project Area (the "Project Area"); and WHEREAS, the Agency is engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the CRL; and WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure and support affordable housing in the Project Area; and WHEREAS, the Agency intends to continue to implement a variety of redevelopment projects and programs to eliminate blight and support affordable housing; and WHEREAS, AB X1 26 ("AB 26") was signed by the Governor of California on June, 29, 2011, adding Part 1.8 and Part 1.85 to Division 24 of the CRL suspending most redevelopment agency activities and prohibiting redevelopment agencies from incurring indebtedness or entering into or modifying contracts. On October 1, 2011, AB 26 will dissolve all existing redevelopment agencies and designate successor agencies and impose numerous requirements on the successor agencies pursuant to the provisions of Part 1.85. WHEREAS, AB X1 27 ("AB 27") was signed by the Governor of California on June 29, 2011, adding Part 1.9 to the Division 24 of the CRL. Part 1.9 establishes a program whereby a redevelopment agency will, notwithstanding the provisions of Part 1.8 and Part 1.85, can be authorized to continue to exist and operate under CRL by allowing cities to make annual payments to the county auditor -controller, who shall allocate the payments into a Special District Allocation Fund for allocation to specified special districts and into the county Educational Revenue Augmentation Fund for allocation to educational entities. WHEREAS, the City has received the State Department of Finance 2011-2012 determination in accordance with Part 1.9 establishing the one-time payment amount of $1,199,986 and annual payments thereafter of approximately $285,000; and 1 WHEREAS, the City must, by November 1, 2011, notify the county auditor -controller, the State Controller and the Department of Finance that it will implement the provisions of Part 1.9 and make annual payments under Part 1.9 if it wishes to continue to operate the Agency. WHEREAS, pursuant to the provisions of Part 1.9, the city shall pay one-half of the total fiscal year payment on or before January 15 of each year and shall pay the remaining one-half of the payment on or before May 15 of each year. WHEREAS, the City desires to continue to operate the Agency and carry out the provisions of CRL. WHEREAS, the dissolution of the Agency would be detrimental to the health, safety and economic well-being of the residents of the City and cause irreparable harm to the community because, among other reasons, the redevelopment activities and projects funded by the Agency are highly significant and of enduring benefit to the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The Recitals set forth above are true and correct and are a substantive part of this Ordinance. Section 2. This Ordinance is adopted in accordance with Health and Safety Code Section 34193. Section 3. The City Council hereby determines and declares that it shall implement Part 1.9, as Part 1.9 exists on the date of adoption of this Ordinance, and does not intend to incur an indebtedness or liability within the meaning of any constitutional or statutory debt limitation or restriction to implement said provision. Section 4. All actions under or pursuant to this Ordinance, including the making of payments is made under protest. Neither the adoption of this Ordinance nor the performance of actions under or pursuant to this Ordinance is intended by the City or Agency to waive any right either may have to challenge the legality of all or any portion of AB 26 or AB 27 through administrative or judicial proceedings, or to appeal or otherwise contest the payments for any year. Any payments hereunder are intended to be made without prejudice to the City's right to seek to recover reimbursement of such payments, plus interest, should the requirement of making such payments be stayed, enjoined, repealed or held unconstitutional or unenforceable through a final determination by any court of competent jurisdiction. This Ordinance shall be null and void and of no further force and effect in the event that AB 26 or AB 27 are repealed or held unconstitutional or unenforceable by any court of competent jurisdiction. Section 5. The City Manager, or the City Manager's designee, is hereby authorized and directed to notify the Auditor -Controller, the State Controller, and the Department of Finance, on or before November 1, 2011, that the City will implement the provisions of Part 1.9 with such notification to be accompanied by a certified copy of this Ordinance. Section 6. This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq. and has determined that this Ordinance is not a "project" for purposes of CEQA. 2 Section 7. The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance, or a summary thereof, in accordance with law. Section S. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency. Section 9. The City Clerk is hereby directed to file a Notice of Exemption with the County Clerk pursuant to Section 15062 of the Guidelines within five days of the adoption of this Ordinance. Section 10. The officers and staff of the City are herby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Ordinance and any such actions previously taken by such officers are hereby ratified and confirmed. Section 11. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof had been deleted. Section 12. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 16th day of August, 2011, by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 6th day of September, 2011, upon second reading by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTE Deputy City Clerk CITY OF BEAUMONT By BRIAN De FORG ay.r 3 IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No. 52971 Notice City of Beaumont Ordinance No, 1001 STATE OF CALIFORNIA County of Riverside } SS I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Weekly Record Gazette a newspaper of general circulation, printed and published weekly in the City of Ban- ning, County of Riverside and which newspaper has been adjudged a newspa- per of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966. Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates -to -wit. 08/05 all in the year 2011. I certify (or declare) under penalty of per- jur t t the foregoing is true and correct. signature Date 08/05/11 at Riverside, California. his space for County Clerk's Filing Stamp mal Advertisement-- - - NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public heating on Tuesday, August 16, 2011 at approxi- mately 6:00` p.m. in the Room '5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 1001 An -Uncodi- fied Ordinance of the City Council of the City of Beau- mont, Califomia to deter- mining it will comply with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Divi- sion 24 of the California Health and Safety Code in order to permit the contin- ued existence and opera- tion of the Redevelopment Agency of the City of Beau- mont The purpose of this Ordinance is so that the Agency may continue to ex- ist and carry out the provi- sions of the Redevelopment Law notwithstanding the provisions of Part 1.8 and Part 1.85. The City Council may determine and declare -that it shall comply with the requirements and obliga- tions contained in Part 1.9, as Part 1.9 exists on the date of adoption of this Or- dinance. In adopting this Ordinance or agreeing to comply with the provisions of Part 1.9, the City does not intend to incur an in- debtedness or liability within the meaning of any constitutional or statutory debt limitation or restriction. Date: August 1, 2011 Rebecca Deming Assistant Director of Plan- ning Publish The Record Gazette No. 52971 08105, 2011 •c4 Asey Q` q q "r'~ >a 1111 0 DEPARTMENT OF N,- F I N A N C E OFFICE OF THE DIRECTOR July 29, 2011 EDMUND G. BROWN JR. • GOVERNOR STATE CAPITOL ■ Room 1145 ■ SACRAMENTO CA • 95514-499B ■ WWW.00r.CA.GOV TO ALL COUNTY AUDITOR -CONTROLLERS, REDEVELOPMENT AGENCIES, AND THEIR LEGISLATIVE BODIES: Assembly Bill 26, First Extraordinary Session (Chapter 5, Statutes of 2011), terminates redevelopment agencies (RDAs) effective October 1, 2011, and replaces them with successor agencies that are tasked with retiring existing RDA debt and winding down existing RDA projects. Assembly Bill 27, First Extraordinary Session (Chapter 6, Statutes of 2011) states RDAs shall be exempt from the termination provisions of Assembly Bill 26 provided they choose to participate in the Voluntary Alternative Redevelopment Program (VARP) that Assembly Bill 27 creates. For an RDA to participate in the VARP, the city or county that sponsors the RDA must remit a payment to the county auditor -controller for deposit in the county's Educational Revenue Augmentation Fund (ERAF). Each city's or county's remittance on behalf of the RDAs they sponsor must be calculated by the California Department of Finance (Finance) based on information reported in the 2008-09 Community Redevelopment Agencies Annual Report compiled by the State Controller's Office. Each city's or county's payment on behalf of an RDA is calculated based on a formula that considers the RDA's proportionate share of statewide gross and net tax increment revenues. If a city or county chooses to allow an RDA to participate in the VARP, the city or county may enter into a mutual agreement with the RDA whereby the RDA would transfer a portion of its tax increment to the city or county. In accordance with AB 27. the remittance amount for each RDA is enclosed with this letter and the calculations of the amounts have been posted on Finance's website. The information may be found in a Zink titled "Assembly Bills 26 and 27°, which is listed under the "Featured Links" section of the main webpage. AB 27 allows cities and counties to appeal an RDA's remittance amount on two bases. These are (1) if the information in the 2008-09 State Controller's Office report was in error, or (2) if the amount of tax increment needed by the RDA to pay for tax allocation bonds and interest payments has increased by 10 percent or more over the percentage that was calculated for purposes of the 2008-09 State Controller's Office report. If a city or county wishes for one or more of its RDAs to participate in the VARP in 2011-12, they must do the following: • Enact an ordinance of participation and submit notice of having adopted that ordinance to Finance by November 1, 2011. Notices of ordinance adoption should be e-mailed to -2 - the address found under the 'Assembly Bills 26 and 27" link on Finance's website. You need not send Finance a copy of the actual ordinance. However, you should indicate in your e-mail those RDAs to which the ordinance applies. Cities or counties that do not adopt the ordinance of participation by October 1, 2011, but which do intend to adopt such an ordinance, must additionally adopt a non-binding resolution of intent and submit notice of having adopted that resolution to Finance by October 1, 2011. Notices of resolution adoption should be e-mailed to the address found under the "Assembly Bills 26 and 27" Zink on Finance's website. You need not send Finance a copy of the actual resolution. However, you should indicate in your e-mail those RDAs to which the resolution applies. Again, please note the non-binding resolution of intent need only be adopted in cases where (1) the city or county intends to adopt an ordinance of participation, and (2) the ordinance of participation has not been adopted by October 1, 2011. • Remit one-half of the calculated remittance amount for each participating RDA to the county auditor -controller no later than January 15, 2012, and remit the other half no later than May 15, 2012. As previously noted, AB 27 allows cities and counties to appeal remittance amounts based on two specific criteria. Cities or counties wishing to appeal an RDA remittance amount should complete the appeals form which may be found on Finance's website under the "Assembly Bills 26 and 27" Zink. One form should be submitted for each RDA whose remittance is being appealed. Appeals must be received by Finance no later than August 15, 2011. Please send your appeals) to the e-mail address listed under the "Assembly Bills 26 and 27" link on Finance's website. Please note the calculated remittance amounts on Finance's website are only for the 2011-12 fiscal year. In order for an RDA to continue participating in the VARP in future fiscal years, cities or counties will annually need to submit additional remittances for deposit in the county Educational Revenue Augmentation Fund. These remittances will be calculated by your county auditor -controller. If you have any questions regarding these matters, please contact the Local Govemment Unit of the Department of Finance at (916) 445-1546 or send an inquiry or information regarding participation in the AB 27 program or appeals to to the e-mail address listed under the "Assembly Bills 26 and 27" link on Finance's website. ANA MATOSANTOS Director By: RO R. RE Chief Deputy Director Attachment Agency Name Community Remittances Under AB 27 xl, 2011 2011-12 Remittance Amount in dollars Beaumont Redevelopment Agency 1,199,986 ORDINANCE NO. 1002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT RENUMBERING SECTION 17.15 OF TITLE 17 OF THE BEAUMONT MUNICIPAL CODE ENITILED "SINGLE ROOM OCCUPANCY FACILITIES" TO SECTION 17.16 Section 1: Section 17.15 of the Beaumont Municipal Code "Single Room Occupancy Facilities" is hereby renumber as Chapter 17.16 "Single Room Occupancy Facilities". Section 2: This Ordinance shall take effect as provided by law. MOVED, PASSED, AND APPROVED this 16th Day of August, 2011 by the following Vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED, AND ADOPTED this 6th Day of September, 2011 by the following Vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox Mayor De Forg ORDINANCE NO. 1003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 17.11.100 OF THE BEAUMONT MUNICIPAL CODE RE: "SWIMMING POOL, SPA AND SIMILAR" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 17.11.100 of Chapter 17.11 of the Beaumont Municipal Code, entitled "Swimming Pool, SPA and Similar", is hereby amended in its entirety to read as follows: "17.11.100 Swimming Pool, Spa and Similar. This Section indicates the requirements applicable to Swimming Pools, Spas and Similar. A. Adoption of the California Building Code. The California Building Code, current Edition, as Published by the International Conference of Building Officials, is hereby adopted and made a part of this chapter by reference. B. Requirements. 1. Private swimming pools and their mechanical equipment for the use of the occupants of the premises and their nonpaying guests shall be located not closer than five (5) feet to any property line or dwelling; 2. All other swimming pools shall be located not nearer than ten (10) feet from any property line or building. 3. Walls. A masonry wall or other sound reducing material as approved by the Planning Director shall be erected on three (3) sides of the mechanical equipment facing neighboring properties to a height of not less than 18 inches taller than the equipment." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 4thclay of Oct, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Fox, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Castaldo MOVED, PASSED AND ADOPTED this lstday of Nov , 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: ABSENT: None None Deputy City Clerk Mayor 1 City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 www.ci.beaumont.ca.us Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1003 An Ordinance of the City Council of the City of Beaumont, California amending Section 17.11.100 of the Beaumont Municipal Code Entitled "Swimming Pool, Spa and Similar". The purpose of this amendment is to amend Section 17.11.100 "Swimming Pool, Spa and Similar" which indicates the requirements applicable to Swimming Pools, Spas and Similar and will update the section to be in conformance with the current edition California Building Code. Date: September 15, 2011 Z__ i ,sda\ Rebecca Deming Director of Planning Published: One time only no later than September 23, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1003-55790 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a +�,:vspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has `ween published in each regular and entire issue of said newspaper and net in any supplement thereof on the following dates, to -wit: September 23, 2011 Executed on: 09/23/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and corree,'. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s). Ordinance No. 1003 An Ordinance of the City Council of the City of Beaumont, California amending Section 17.11.100 of the Beaumont Municipal Code Entitled "Swimming Pool, Spa ?nd Similar". The purpose of this amendment is to amend Sectio.:; 17.11.100 "Swimming Pool, Spa and Similar" which indicates the requirements applicable to Swimming Pools, Spas and Similar and will update the section to be in conformance with the current edition California wilding Code. Date: September 15, 2011 Rebecca Deming Director of Planning Publish The Record Gazette No. 55790 09/23, 2011 ORDINANCE NO. 1004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 6.05 TO THE BEAUMONT MUNICIPAL CODE RE: THE DISPOSAL OF DOG AND HORSE FECES ON PUBLIC AND PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6.05, entitled "DISPOSAL OF DOG AND HORSE FECES ON PUBLIC AND PRIVATE PROPERTY" is hereby added to the Beaumont Municipal Code to read as specifically set forth in Exhibit "A", which exhibit is attached hereto and made a part hereof. Section 2. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 4th day of October, 2011, by the following vote: AYES: Mayor De Forge, Council Members Berg, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: Council Member Castaldo MOVED, PASSED AND ADOPTED this 1st day of November, 2011, upon second reading by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall. NOES: None ABSTAIN: None ABSENT: None BRIAN De ' GE, Mayor Sections: 6.05.010 6.05.020 6.05.030 6.05.040 CHAPTER 6.05 DISPOSAL OF DOG AND HORSE FECES ON PUBLIC AND PRIVATE PROPERTY Duty to Dispose of Dog and Horse Feces on Public and Private Property Method of Disposal Exemptions Penalty for Violation 6.05.010 Duty to Dispose of Dog and Horse Feces on Public and Private Property. It shall be unlawful for any person owning or having control or custody of any dog and/or horse: A. To permit or allow the dog and/or horse to defecate upon public property including, but not limited to, any sidewalk, street, park, public right-of-way or other public area within the City unless the owner or the person having control or custody of the dog and/or horse immediately removes the feces and properly disposes the container of the feces in a sanitary manner; or B. To permit or allow the dog and/or horse to defecate upon private property neither owned nor occupied by said person unless the owner or the person having control or custody of the animal immediately removes the feces and properly disposes the container of the feces in a sanitary manner; or C. To allow a dog or horse on public or private property without carrying at all times a suitable container or instrument for the removal and disposal of feces. (Ord. 1004, 11.2.2011) 6.05.020 Method of Disposal. Any person owning or having control or custody of a dog and/or horse shall have on or near his or her person a tool or device, such as a plastic bag, or any other disposal vessel that can be used to fully clean up and contain the feces, without exposing the feces to said person or the public, until it can be disposed of in a trash can or other appropriate receptacle. Such a tool, device or other disposable vessel shall be produced and shown to anyone authorized to enforce this Chapter, upon request. (Ord. 1004, 11.2.2011) 6.05.030 Exemptions. Disabled persons accompanied by service dogs and persons using service dogs engaged in emergency and rescue operations, are exempt from the requirements of this Chapter, as are persons using horses while performing public safety functions and operations. 1 6.05.040 Penalty for Violation. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. (Ord. 1004, 11.2.2011) 2 City of Beaumont 550 E. 6th street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@ci.beaunuont.ca.us www, ci. beaumon t. ca. us LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 12.34 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "DISPOSAL OF CANINE FECES ON PUBLIC AND PRIVATE PROPERTY". It is the purpose and intent of this Ordinance to add Chapter 12.34 to prohibit the owner or person in control of any dog, to allow the dog to defecate on any public, or private property not owned by the owner or person in control of the dog, without immediately collecting and properly disposing of the feces in an appropriate container maintained in their possession. Date: September 20, 2011 Shelby Hanvey Deputy City Cle Publish one time only in the Record Gazette on September 23, 2011 ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 6.10 AND 6.12 OF THE BEAUMONT MUNICIPAL CODE RE: POTENTIALLY DANGEROUS DOGS AND VICIOUS ANIMALS THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6.10, entitled "POTENTIALLY DANGEROUS DOGS" is hereby amended to the Beaumont Municipal Code to read as specifically set forth in Exhibit "A", which exhibit is attached hereto and made a part hereof. Section 2. Chapter 6.12, entitled "VICIOUS ANIMALS" is hereby amended to the Beaumont Municipal Code to read specifically set forth in exhibit "B", which exhibit is attached hereto and made a part hereof. Section 3. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. MOVED AND PASSED upon first reading this 4th day of October, 2011, by the following vote: AYES: Mayor De Forge, Council Members Berg, Fox and Gall NOES: None ABSTAIN: None ABSENT: Council Member Castaldo MOVED, PASSED AND ADOPTED this 1st day of November, 2011, upon second reading by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ST: Deputy City Cler 6.10.040 Pre -Hearing Seizure and Impoundment of Doq. If upon investigation it is determined by the Animal Services Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Services Officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City of Beaumont where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous. (Ord. 1005, 10.18.11) 6.10.050 When A Dog May Not Be Declared Potentially Dangerous. No dog may be declared potentially dangerous if the following conditions exist: a. If any injury or damage is sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. b. If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. If an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. d. If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. 1005, 10.18.11) Chapter 6.10 Potentially Dangerous Dogs Sections: 6.10.010 Definitions 6.10.020 Applicability 6.10.030 Procedure for Declaring a Dog Potentially Dangerous 6.10.040 Pre -Hearing Seizure and Impoundment of Dog 6.10.050 When a Dog May Not Be Declared Potentially Dangerous 6.10.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings: a. —Potentially Dangerous Dog❑ means any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior thirty six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in subparagraph B below. (3) Any dog which, when unprovoked, on two separate occasions within the prior thirty six month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. b. —Severe Injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (Ord. 960, 10/20/09; Section 1) 6.10.020 Applicability. This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians; or any dogs while utilized by any police department or any law enforcement officer in the performance of police work. (Ord. 960, 10/20/09; Section 1) 6.10.030 Procedure for Declaring a Dog Potentially Dangerous. a. If the Animal Services Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, the Officer shall prepare and serve a —Notice of Hearing- on the owner or keeper of such dog. b. The —Notice of Hearing shall be served on the owner or keeper of the dog, by personal service or by first-class mail with return receipt requested. c. Any and all complaints received from a member of the public which serves as an evidentiary basis for the Animal services officer's finding of probable cause shall be signed by the complainant and served concurrently with the Notice of Hearing. d. The hearing shall be held pursuant to Chapter 6.22 of this Title. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous and may make such orders as are necessary to protect the public health, safety and welfare. (Ord. 960, 10/20/09; Section 1) 6.10.040 Pre -Hearing Seizure and Impoundment of Dog. If upon investigation it is determined by the Animal Services Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Services Officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City of Beaumont where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous. (Ord. 960, 10/20/09; Section 1) 6.10.050 When A Dog May Not Be Declared Potentially Dangerous. No dog may be declared potentially dangerous if the following conditions exist: o If anti iniu int nr 'Aomono is au iefainnrl h i o nercnn %eihn of thick time of flick inii en/ nr rhmane IA/9c keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. b. If the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. c. If an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. d. If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. Chapter 6.12 VICIOUS ANIMALS Sections: 6.12.010 Purpose 6.12.015 Vicious Dog Defined 6.12.020 Inspection 6.12.030 Animals at Large 6.12.040 Temporary Impoundment or Confinement 6.12.050 Hearing Procedures 6.12.060 Dangerous Animals -Disposition 6.12.070 Transfer and Training of Dangerous Animals 6.12.080 Enforcement and Penalties 6.12.090 Exemptions 6.12.010 Purpose. The keeping of an animal defined as vicious shall be declared a public nuisance and shall be abated in accordance with the provisions of this Chapter. The procedure for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City Titles or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code Section 3062.5. Further, this Chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is vicious. (Ord. 1005, 10.18.11) 6.12.015 Vicious dog Defined. "Vicious dog" means any of the following: A. Any dog seized under Section 599aa of the Penal Code and upon sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code. B. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. C. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code. D. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code. (Ord. 1005, 10.18.11) 6.12.020 Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter, or whenever an Animal Services Officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or other applicable law, an Animal Services Officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Animal Services Officer by this Code or other applicable law; provided that: A. If such property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. B. If such property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the Animal Services Officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. C. Notwithstanding the foregoing, if an Animal Services Officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he/she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he/she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection. D. No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in Subsection C of this Section, to permit any Animal Services Officer to make any inspection provided by Subsection C of this Section. Any person violating this Section may be charged with a misdemeanor. (Ord. 960, 10/20/09; Section 1) 6.12.030 Animals at Large. A. A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty as provided in Subsection B of Section 6.12.080 of this Chapter if such animal bites, attacks or causes injury to any human being or other animal. B. Any person who convicted of violating Subsection A of this Section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three (3) years after the date of conviction. (Ord. 960, 10/20/09; Section 1) 6.12.040 Temporary Impoundment or Confinement. A. The Animal Services Officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending: 1. Any court proceeding; or 2. A hearing to be held pursuant to Chapter 6.22 of this Title. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be vicious. B. Failure to surrender to the Animal Services Officer upon demand an animal which is subject to being impounded pursuant to this Section shall be penalized as provided in Subsection B of Section 6.12.080. C. An animal impounded pursuant to the authority of this Section shall be returned to the owner as provided by Section 6.12.060 of this Chapter, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 6.12.050 of this Chapter to declare the animal a vicious animal has not been served on the owner or custodian within fifteen (15) working days after the impoundment. D. In lieu of impounding and if not contrary to public safety, the Animal Services Officer may permit the animal to be confined at the owner's expense in an Animal Services Officer - approved kennel or veterinary facility or at the owner's residence provided the owner: 1 Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the Animal Services Officer; and 2. Shall make the animal available for observation and inspection by the Animal Services Officer or members of law enforcement or their authorized representatives. The Animal Services Officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. E. The Animal Services Officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement. F. If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. (Ord. 1005, 10.18.11) 6.12.050 Hearing Procedures. A. Petition. If the animal services officer has investigated and determined that there exists probable cause to believe that an animal is vicious, the Animal Services Officer shall petition the Chief of Police for a hearing for the purpose of determining whether the animal should be declared vicious. The hearing shall be conducted pursuant to the provisions of Chapter 6.22 of this Title. B. Determinations of Vicious Animals -Evidence. In making a determination that an animal is or is not vicious, evidence of the following shall be considered: 1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal; 2. The nature and extent of injuries inflicted and the number of victims involved; 3. The place where the bite, attack or injury occurred; 4. The presence or absence of any provocation for the bite, attack or injury; 5. The extent to which property has been damaged or destroyed; 6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting; 7. Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals; 8. Whether the animal can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the animal had been maintained or cared for by its owner; 10. Any other relevant evidence concerning the maintenance or care of the animal; and; 11. Any other relevant evidence regarding the ability of the owner or the animal services officer, to protect the public safety in the future if the animal is permitted to remain in the City. C. Vicious Animal Declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is vicious and may make other orders authorized by this Chapter and other law. (Ord. 1005, 10.18.11) 6.12.060 Dangerous Animals -Disposition. A. The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be vicious, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner: 1. Registration. To immediately register the animal that is found to be vicious with the animal services officer, to comply with the animal services officers requirements for vicious animals (including, but not limited to, requiring the animal to wear a visible, vicious animal tag), and to keep such animal properly vaccinated at all times. The owner shall pay a fee to keep or maintain one vicious animal for a twelve-month term and an additional fee for each additional vicious animal. The fee shall be paid for each twelve-month term. Should the animal die in any four (4) month term, the owner shall notify the animal services officer of the death within two (2) working days of the death. The owner shall provide proof of the death to the satisfaction of the animal services officer. The amount of the fees shall be established from time -to -time by resolution of the City Council. 2. Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal services officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the side of the pen or the sides of the pen must be embedded in the ground no Tess than two (2) feet. All structures erected to house an animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a cleaned sanitary condition. 3. Confinement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure. 4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal services officer. 5. Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless thirty days written notice is first given to the Animal Services Officer and the City Clerk's office. 6. Notification. To immediately inform any City, county, postmaster and utility company meter reader and anyone -else that lawfully comes onto the property, of the animal's dangerousness and to inform the animal services officer and/or the hearing officer if the animal is moved to another location inside or outside the City limits as provided in Section 6.06.150 of this Chapter. 7. Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three (3) inches high. 8. Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this Section, "tattoo" shall be defined as any permanent numbering of an animal by means of indelible or permanent ink. 9. Inspection. To consent and agree to the entry upon the premises to any Animal Services Officer for the purpose of inspecting the animal and/or premises. 10. Payment of Costs. To make reasonable payment of one-half of the costs incurred by the City and the Animal Services Officer in the hearing process, not to exceed one thousand dollars ($1,000.00). 11. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public. The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in Section 6.12.070 of this Chapter. B. No vicious animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure. C. If, following the hearing, the subject animal is found to be vicious and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, Section 6.12.080(A), which authorizes the hearing officer to order an animal destroyed for violation of this Chapter or failure to meet a condition imposed by the hearing officer. D. Any decisions made by the hearing officer shall be final. E. If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be vicious, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. F. If such an unlicensed animal has not been determined to be vicious, it shall be returned to the owner, -subject to the issuance of a citation for failure to obtain a license. A non - vicious stray animal will be handled as any other stray animal. G. In such cases where an impounded licensed animal is found to be vicious, the animal may be released subject to the conditions set forth in Subsection A of this Section. (Ord. 1005, 10.18.11) 6.12.070 Transfer and Training of Vicious Animals. A. Sale or Transfer within City. No person shall sell, transfer or in any other way dispose of an animal deemed vicious under this Chapter to any person within the City, including, but not limited to, temporary housing in privately -owned and commercial kennels unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal. B. Sale or Transfer Outside City. The owner of an animal that has been deemed vicious under this Chapter may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the hearing officer and the Animal Services Officer of the proposed sale or transfer. Such notice shall be given not less than fifteen (15) days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the Animal Services Officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the Animal Services Officer. C. Sale or Transfer Into City. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal services officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the City. Should such person fail to comply with the Animal Services Officer's order, the Animal Services Officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this Chapter. D. Fight Training and Animal Abuse Prohibited. It is unlawful to use, train, keep, harbor, own or in any way possess or transport through the City an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to: 1. The use or possession of treadmills for fight training; 2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions; 3. The use of weights on the animal for fight training; 4. The use of other animals for blood sport training; 5. Any other activity, the primary purpose of which is the training of animals for animal fight exhibitions. It is further unlawful for anyone to knowingly abuse any animal within the City limits. E. Rewards. Subject to the budgetary and fiscal provisions of this Code, the City is authorized to offer rewards not exceeding two hundred fifty dollars ($250.00) to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The City Council may authorize said rewards by resolution upon the request of the City Manager, Animal Services Officer or the Mayor. (Ord. 1005, 10.18.11) 6.12.080 Enforcement and Penalties. A. Failure to Comply. It is unlawful for the owner of an animal deemed vicious under this Chapter to fail to comply with the requirements and conditions set forth in this Chapter. Any animal found to be the subject of a violation of this Chapter or of any condition imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the destruction of the animal. No such animal however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen (14) days from the date of the notice: 1. The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this Chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 6.12.060 of this Chapter; or 2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after (14) fourteen days from the date of such notice, the owner has not complied with the provisions of Subdivisions 1 or 2 of this Subsection, the hearing officer may, without further notice or process, have the animal destroyed. B. Violation -Penalties. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Sections 1.17.100 et seq., or shall be guilty of an infraction pursuant to Beaumont Municipal Code Section 1.06.010. In either case, the amount of the fine shall be in the appropriate amount set forth in Section 1.06.030 of this Code. Each such violation shall be deemed a separate offense as specified in Beaumont Municipal Code Section 1.06.010. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation C. Ownership of Vicious Animals. The owner of an animal determined to be vicious under this Chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to Section 6.12.070 of this Chapter that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare. D. Enforcement. Any provision of this Chapter may be enforced by the Police Department, Fire Department, the animal services officer or any authorized designee of the City Manager. Complaints of any violations of this Chapter which are subject to penalties under this Section may be presented to the District Attorney's office or to the City Attorney for prosecution. E. Nuisance Abatement Lien. The costs of abating a public nuisance pursuant to the provisions of this Chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1. F. Penalties and Remedies Cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue anyone or more of the penalties or remedies provided for herein or at law or in equity. (Ord. 1005, 10.18.11) 6.12.090 Exemptions. The provisions contained in this Chapter shall not apply to: A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work; B. Any animal shelter owned, operated or maintained by the animal services officer; or C. Any humane society shelter, animal control facility or veterinarian (Ord. 960, 10/20/09; Section 1) City of Beaumont 550 E. 6th Street Beaumont, CA 92223 (951) 769-8520 FAX (951) 769-8526 Entail: cityhallOci.beaumont.ca.iis WWW.CI.beaumoilt.ca.ns LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance 1005 An Ordinance of the City Council of the City of Beaumont, California amending Chapter 6.10 and 6.12 of the Beaumont Municipal Code Entitled "Potentially Dangerous Dogs" and "Vicious Animals" It is the purpose and intent of this Ordinance to amend Chapter 6.10 and 6.12 of the Beaumont Municipal Code to be consistent with the California Food and Agricultural Code as it relates to potentially dangerous dogs and vicious animals. Date: September 20, 2011 Shelby Hanvey Deputy City Cle Publish one time only in the Record Gazette on September 23, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE # 1005 -56096 -ANIMALS State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. 1 am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to -wit: September 23, 2(01 Executed on: 09/23/2`'11 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. ./Zt. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will ionduct a public hearing on Tuesday, October 4, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance 1005 An Ordinance of the City Council of the City of Beaumont, California amending Chapter 6.10 and 6.12 of the Beaumont Municipal Code Entitled 'Potentially Dangerous Dogs' and 'Vicious Animals' It is the purpose and intent of this Ordinance 10 amend Chapter 6.10 and 6.12 of the Beaumont Municipal Code to be consistent with the California Food and Agn' tturat Code as it relates to potentially dangerous dogs and vicious animals. Date: September 20, 2011 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 56096 09/23, 2011 1 ORDINANCE NO. 1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 10.08.075 TO CHAPTER 10.08 OF THE BEAUMONT MUNICIPAL CODE PROHIBITING CAMPING OR SLEEPING IN MOTOR VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 10.08.075, entitled "Camping or Sleeping in Motor Vehicles Prohibited", is hereby added to Chapter 10.08 "Parking" of the Beaumont Municipal Code to read as follows: "10.08.075 Camping or Sleeping in Motor Vehicles Prohibited. It shall be unlawful for any person to camp or sleep in any motor vehicle in any public place in the City between the hours of 9:00 p.m. of one day and 9:00 a.m. of the next day." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 4th day of October, 2011, by the following vote: AYES: Mayor De Forge, Council Members Berg, Fox and Gall NOES: None ABSTAIN: None ABSENT: Council Member Castaldo MOVED, PASSED AND ADOPTED this 1st day of November, 2011, upon second reading by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATT ST: Deputy City Cle 1 /g4VP Brian De Forg-.(Mayor Record Gazette 218 N. Murray St. Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) No. 56186 Notice Ordinance of the City of Beaumont Prohibiting Camping or Sleeping in Motor Vehicles State of California ) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 09/23, all in the year 2011. Executed on: 09/23/2011 At Banning, CA 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. This space reserved for Clerk's Stamp LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tutasday, October 4, 2011 at approxi- mately 6:00 p.m. in room 5 at the Beaumont Civic Cen- ter, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing matter(s): Ordinance No. 1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAU- MONT, CALIFORNIA ADD- ING SECTION 10.08.075 TO CHAPTER 10.08 OF THE BEAUMONT MUNICI- PAL CODE PROHIBITING CAMPING OR SLEEPING IN MOTOR VEHICLES It is the purpose and intent of this Ordinance to add Sec- tion 10.08.075 to Chapter 10.08, prohibiting camping or sleeping in any vehicle in a public place in the City between the hours of 9:00 PM and 9:00 AM the follow- ing day. Date: September 21, 2011 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 56186 09/23, 2011 ORDINANCE NO. 1007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING TABLE 17.03-3 AND TABLE 17.03-4 OF CHAPTER 17 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "ZONING" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Table 17.03-3, entitled "Permitted Land Uses for Base Zone Districts", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Table 17.03-4, entitled "Permitted Land Uses for Overlay Zone Districts", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "B", which Exhibit is attached hereto and made a part hereof. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of December, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Member Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 20th day of December, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Member Berg, Castaldo, and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall ATTEST: Deputy City Cle CITY OF BEAUMONT By Brian De Forge, yor 1 EXHIBIT "A" 17.03.120 Permitted Uses for Base Zone Districts. The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03-3. Table 17.03-3 Permitted Land Uses For Base Zone Districts RC PF RR RSF RMF CG CC M Administrative Professional Services Administrative/Professional Offices N N N N N P P P Advertising Agencies N P N N N P P C Architectural/Engineering/Design Services N P N N N P P C Attorney/Legal Services N P N N N P P C Business Management Services N P N N N P P C Government Offices P P P P P P P P Travel Agencies N P N N N P P C Agricultural Uses Animal Keeping (Commercial Use) N N P C N C C C Animal Keeping (Accessory Use) N A A A A C C C Animal Rescue Facilities N N P C N N N C Apiaries N N P C N N N N Aviaries N N P N N N N C Catteries N N P C N C C C Commercial Growing Establishments N N P N N N N C Dairies N N P N N N N N Kennels (all Classes) N N P C N C C C Produce Stands N N P N N N N N Stables N N P N N N N N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts continued) Land Use RC PF RR RSF RMF CG CC _ M Alcohol Service and Sales Bars or Cocktail Lounges C N N N N C C C Liquor Stores N N N N N C C N Restaurants with Alcoholic Beverage Sales C N N N N C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) N N N N N P P C Automobile Parking Facilities N N N N N P P P Automobile Rental Agencies N N N N N P P P Automobile Repair Facilities N N N N N P P P Automobile Towing and/or Wrecking Facilities N N N N N N N C Body and Paint Shops N N N N N C C C Car Wash N N N N N C C C Gas/Service Stations C N N N N C C C Limousine Services N N N N N P P P Towing Services With Indoor Vehicle Service N N N N N C C C Towing Services With Outdoor Vehicle Storage N N N N N N N C Truck/Trailer Rentals N N N N N C C P Communications Facilities Cellular Communication Facilities C N N N N C C C Cellular - Stealth C N N N N C C C Cellular - Non -Stealth N N N N N C C C Radio and Television Broadcasting Studios N N N N N N P P Recording and Sound Studios N N N N N N P P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Satellite Dishes (Non -Private) N N N N N P P P Satellite Dishes (Private Use) N N P P P N N C Ham Radio Antennae (Private Use) N N P P P P P P Daycare Facilities Commercial Day Care Facilities N N N N N P P C Educational Establishments Elementary, Junior, and High Schools/Public N P P P P N N N Elementary, Junior, and High Schools/Private N p P P P N N N Vocational and Trade Schools N P P P P C C N Food and Beverage Sales Bakeries N N N N N P P P Catering Establishments N N N N N P P P Convenience Markets N N N N N P P P Grocery Stores/Supermarkets N N N N N P P N Grocery Store, Alcohol Sales N N N N N C C N General Merchandise and Trade Antique Sales N N N N N P P A Appliance Sales N N N N N P P C Art Galleries and Supplies N N N N N P P N Beauty Supplies N N N N N P P N Books and Magazines N N N N N P P N Building Materials N N N N N C P P Building Materials with outdoor sales/storage N N N N N C C P Camera and Photographic Supplies N N N N N P P N Candy Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Cigar/Cigarette Shops N N N N N C C N Clothing Stores N N N N N P P N Department Stores N N N N N P P N Discount Stores N N N N N P P N Electronic Equipment Sales N N N N N P P C Equipment Sales and Rentals N N N N N C C P Florists N N N N N P P N Freight Forwarding Services N N N N N P P P Furniture and Home Furnishings N N N N N P P N Garden Supply N N N N N P P N Gifts, Crafts, and Novelties N N N N N P P N Guns and Ammunition N N N N N P P C Hardware Stores N N N N N P P N Hobby, Toy and Game Stores N N N N N P P N Indoor Swap Meets N N N N N N C C Jewelry Sales and Repair N N N N N P P N Leather Goods N N N N N P P N Luggage Sales N N N N N P P N Office Equipment, Furniture, and Supplies N N N N N P P C Pet Sales and Supplies N N N N N P P C Records, Tapes, and Videos N N N N N P P N Retail, Other Specialty N N N N N P P N Sporting Goods and Equipment N N N N N P P N Surplus Stores N N N N N P P C Thrift and Second-Hand Stores N N N N N C C N Variety Stores N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Wholesale Establishments N N N N N P P C Lodging Bed and Breakfast Facilities C N N N N P P N Emergency Shelters N N N N N P C C Hotels and Motels C N N N N P P C Residence Inns C N N N N P P N Single-Room Occupant (SRO) Facilities N N N N N C C N Trailer Parks and Campsites N N N N C N N N Transitional Housing N N N N C C C N Manufacturing and Industrial Apparel/Textile Products N N N N N N N P Assembly Plants N N N N N N N P Bottling Plants N N N N N N N P Bulk Postal Service Facilities N N N N N N N P Chemicals N N N N N N N P Contract Construction Services N N N N N N N P Data Services N N N N N N N P Exterminating Services N N N N N C C P Feed and Fuel Yards N N N N N N N P Food and Kindred Products N N N N N N N P Furniture N N N N N N N P Lumber/Wood Products N N N N N N N P Moving and Storage Establishments N N N N N N N P Metal Salvage Yards N N N N N N N P Paper Products N N N N N N N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Petroleum -Related Materials N N N N N N N C Primary Metal Industries (Electroplating) N N N N N N N C Printing/Publishing N N N N N N N P Professional/Scientific/Electronic Products N N N N N N N P Research Services and Laboratories N N N N N N N P Retail Sales of Products Manufactured or Stored On -Site N N N N N N N P Sandblasting and Beadblasting N N N N N C, A C, A C Taxidermy N N N N N N N C Medical/Health Care Ambulance Services N N N N N P P P Animal HospitalsNeterinaries N N N N N P P P Clinics N N N N N P P C Convalescent Homes N N C C C P P N Chemical Dependency Clinics N N N N C C N N Hospitals N N N N N P P N Medical/Dental Offices N N N N N P P N Pharmacies N N N N N P P N Pharmacies, with drive-through N N N N N C C N Personal Services Banking, Credit Unions, Financial Services N N N N N P P N Barbers and Beauty Parlors N N N N N P P N Cemeteries N C C C C C C C Check Cashing Services N N N N N P P N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) _ Land Use RC PF RR RSF RMF CG CC M Commercial Pet Grooming Services N N N N N P P C Dry Cleaners N N N N N P P N Funeral Parlors, Mortuaries N N N N N C C C Laundries, Laundromats N N N N N P P C Locksmith and Key Shops N N N N N P P P Pawnbrokers N N N N N C C N Photocopying and Photo Developing Services N N N N N P P P Photography Studios N N N N N P P N Shoe Repair Shops N N N N N P P C Tailors N N N N N P P C Tattoo/Body Piercing Services N N N N N C C N Public and Quasi-Public Uses Community Recreation Centers P P N N N N N N Cultural Facilities P P N N N N N N Libraries P P N N N C C N Museums P P N N N C C N Parks P P N N N N N N Public Safety Facilities N P N N N P P P Senior Citizen Activity Centers N P N N N P P N Recreation and Entertainment Adult-Oriented Businesses N N N N N N N C Amusement Parks N N C N N C C C Athletic Fields N P P P P N N N Batting Cages N N N N N C C C Billiard and Pool Halls N N N N N C C N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Bowling Alleys N N N N N P P N Dance Studios N N N N N P P N Golf Driving Ranges C N N N N N C C Health Clubs and Gymnasiums N N N N N C C C Miniature Golf Courses N N C N N C C N Off -Road Mini-Bike and Motorcross Courses C N C N N N C C Public Auditorium/Auditoriums N P N N N P P N Shooting Range (Indoor) N N N N N N N C Skating Rinks N N N N N N C C Video Arcades N N N N N C C N Recycling Collection Facilities N N N N N C C C Processing Facilities N N N N N C C C Religious Institutions Churches N C C C C C, A* C, A* C Monasteries, Convents, or Similar Religious Use N N C C C C C C Repair Services Electrical and Household Appliances Repair N N N N N P P P Furniture Refinishing N N N N N P P P Furniture Reupholstering N N N N N C C P Lawnmower Repair/Sales Shops N N N N N P P p Machine Shops N N N N N C C P Welding Shops N N N N N C, A C, A P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Residential Uses Accessory Guest Houses N N P P P N N N Accessory Rental Units ("Granny Flats") N N P P P N N N Boarding or Rooming Houses N N_ C C C _ N N N Caretaker's Unit N N P N P P* N C Congregate Care Facilities N N N N C C C N Day Care Centers, Small Family- 1 to 8 Children N N P P P N N N Day Care Centers, Large Family-7 to 14 Children N N C C C C N N Duplexes N N N N P N N N Group or Community Care Facilities - 6 or fewer persons) N N P P P N N N Group or Community Care Facilities - 7 or more persons) N N C C C N N N Home Occupation Businesses N N P P P N N N Mobile Home Parks N N N N C N N N Mobile Home or Manufactured Housing Units Single Lot N N P P P N N N Multiple -Family, Apartment & Condominiums N N N N P P* N N Planned Residential Developments N N P P P N N N Senior Housing Developments N N P P P C N N Single -Family Dwellings N N P P P N N N Restaurant Delicatessens N N N N N P P P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use *Only allowed for Properties on Sixth Street Table 17.03-3 Permitted Land Uses For Base Zone Districts (continued) Land Use RC PF RR RSF RMF CG CC M Fast -Food Restaurants - Without Drive- Thru N N N N N P P N Fast -Food Restaurants - With Drive-Thru N N N N N C C N Sit -Down Restaurants C N N N N P P N Sit Down Restaurant with live Entertainment C N N N N C C N Restaurant, serving alcohol C N N N N C C N Service Organizations Philanthropic and Charitable Institutions N N N N N P P C Service Organizations N N N N N P P C Temporary Uses Street/Craft Fairs and Farmers' Markets N C N N N C C N Temporary Structures (Subdivision sales Office) C N P P P P P P Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days C C C C C C C C Outdoor Displays N N N N N C C C Parking Lot Sales N C N N N C C C Amusement Enterprises N C N N N C C C Transportation Facilities Bus Passenger Terminals N N N N N C C C Charter Bus Companies N N N N N C C C Motor Vehicle Transportation (Taxi/Shuttle) N N N N N C C C Truck Stops and Terminals N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Table 17.03-3 Permitted Land Uses For Base Zone Districts ` continued) Land Use RC PF RR RSF RMF CG CC M Utilities Public Utility/Service Structures N P N N N N N P Sewage Disposal Facilities/Waste Transfer N P N N N N N P Utility Company Offices N N N N N P P P Water Storage, Distribution, and Collection Facilities N P N N N N N N Public Storage Facilities N N N N N C C C N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use EXHIBIT "B" 17.03.150 Permitted Uses for Overlay Zone Districts. The permitted uses for the Beaumont Avenue, 6th Street, and Urban Village Overlay Zones are listed in Table 17.03-4. Table 17.03-4 Permitted Land Uses For Overlay Zone Districts 6th St Overlay Beaumont Ave. Overlay Urban Village Overlay Administrative Professional Services Administrative/Professional Offices P P P Advertising Agencies P P P Architectural/Engineering/Design Services P P P Attorney/Legal Services P P P Business Management Services P P P Government Offices P P P Travel Agencies P P P Alcohol Service and Sales Bars or Cocktail Lounges C C C Liquor Stores C C C Restaurants with Alcoholic Beverage Sales C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) P N C Automobile Parking Facilities P C N Automobile Rental Agencies P C N Automobile Repair Facilities C N N Body and Paint Shops C N N Car Wash C N C Gas/Service Stations C N C Limousine Services P C N N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6th St Overlay Beaumont Ave. Overlay Urban Village Overlay Towing Services - With Indoor Vehicle Service C N N Truck/Trailer Rentals C N N Communications Facilities Cellular Communication Facilities (stealth) C C C Radio and Television Broadcasting Studios P C P Recording and Sound Studios P C P Satellite Dishes (Non -Private) P P P Satellite Dishes (Private Use) P P P Ham Radio Antennae (Private Use) P P P Daycare Facilities Commercial Day Care Facilities C C C Educational Establishments Elementary, Junior, and High Schools/Public p P P Elementary, Junior, and High Schools/Private P P P Vocational and Trade Schools P P p Food and Beverage Sales Bakeries P P P Catering Establishments P P P Convenience Markets P P P Grocery Stores/Supermarkets P N P General Merchandise and Trade Appliances P P P Art Galleries and Supplies P P P Beauty Supplies P P P Books and Magazines P P P Building Materials P N N N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) to 6 St Overlay Beaumont Ave. Overlay Urban Village Overlay Building Materials with outdoor sales/storage C N N Camera and Photographic Supplies P P P Candy Stores P P P Cigar/Cigarette Shops C C C Clothing Stores P C P Department Stores P C P Discount Stores P N P Electronic Equipment P C P Equipment Sales and Rentals (indoor) C N N Florists P P P Freight Forwarding Services P N P Furniture and Home Furnishings P N P Garden Supply P C P Gifts, Crafts, and Novelties P P P Guns and Ammunition P P P Hardware Stores P C P Hobby, Toy and Game Stores P P P Indoor Swap Meets C N N Jewelry Sales and Repair P P P Leather Goods P C P Luggage Sales P C P Office Equipment, Furniture, and Supplies P N P Pet Sales and Supplies P P P Records, Tapes, and Videos P P P Retail, Other Specialty P P P N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6th St Overlay Beaumont Ave. Overlay Urban Village Overlay Sporting Goods and Equipment P C P Surplus Stores C N N Thrift and Second-Hand Stores C N N Variety Stores C N C Wholesale Establishments P N P Lodging Bed and Breakfast Facilities P C P Hotels and Motels P N P ~Residence Inns P N P Single-Room Occupant (SRO) Facilities C C N Transitional Housing C C N Medical/Health Care Ambulance Services C C N Animal Hospitals/Veterinaries P N P Clinics P P P Convalescent Homes C C C Chemical Dependency Clinics C N C Hospitals C N C Medical/Dental Offices P P P Pharmacies P N P Pharmacies, with drive-through P N P Personal Services Banking, Credit Unions, Financial Services P P P Barbers and Beauty Parlors P P P Cemeteries N N N Check Cashing Services P N N Commercial Pet Grooming Services P P P N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6th St Overlay Beaumont Ave. Overlay Urban Village Overlay Dry Cleaners P P P Funeral Parlors, Mortuaries P C P Laundries, Laundromats P P P Locksmith and Key Shops P P P Pawnbrokers C N N Photocopying and Photo Developing Services P P P Photography Studios P P P Shoe Repair Shops P P P Tailors P P P Tattoo/Body Piercing Services C N C Public and Quasi-Public Uses Community Recreation Centers P P P Cultural Facilities P P P Libraries P P P Museums P P P Parks P P P Public Safety Facilities P P P Senior Citizen Activity Centers P P P Recreation and Entertainment Amusement Parks C N P Athletic Fields N N P Batting Cages C N P Billiard and Pool Halls C C C Bowling Alleys P N P Dance Halls and Studios P N P Golf Driving Ranges N N C N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6t" St Beaumont AveOverlay Overlay Urban Village Overlay Health Clubs and Gymnasiums C N C Miniature Golf Courses C N P Public Auditorium/Auditoriums P N P Skating Rinks C N P Video Arcades C N C Religious Institutions Churches C, A* C, A* C, A* Monasteries, Convents, or Similar Religious Quarters C C C Repair Services Electrical and Household Appliances Repair P N N Furniture Refinishing P N N Furniture Reupholstering' P N N Lawnmower Repair/Sales Shops'- P N N Machine Shops'' C N N Welding Shops'. C N N Residential Uses Accessory Guest Houses P C P Accessory Rental Units ("Granny Flats") P C P Boarding or Rooming Houses P C P Caretaker's Unit P C P Congregate Care Facilities P C P Day Care Centers, Small Family -1 to 8 Children P P P Day Care Centers, Large Family -7 to 14 Children C C C Duplexes P N P N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings 1. uses are permitted in the western portion of the 6th Street Overlay. Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6th St Overlay Beaumont Ave. Overlay Urban Village Overlay Group or Community Care Facilities -6 or fewer persons) P P P Group or Community Care Facilities -7 or more persons) C C C Home Occupation Businesses P P C Mobile Home Parks N N N Mobile Home or Manufactured Housing Units Single Lot C N P Multiple -Family, Apartments & Condominiums P N P Planned Residential Developments P N P Senior Housing Developments P C P Single -Family Dwellings P C P Restaurant Delicatessens P P P Fast -Food Restaurants - Without Drive-Thru P A P Fast -Food Restaurants - With Drive-Thru P N P Sit -Down Restaurants P P P Sit Down restaurant with live Entertainment C C C Restaurants that serve alcohol C C C Service Organizations Philanthropic and Charitable Institutions P P P Service Organizations P P p Temporary Uses Street/Craft Fairs and Farmers' Markets P P P Temporary Structures Such as Subdivision Sales Offices P P P N = Not Permitted P = Permitted C = Conditionally Permitted Table 17.03-4 Permitted Land Uses For Overlay Zone Districts (continued) 6th St Overlay Beaumont Ave. Overlay Urban Village Overlay Seasonal Outdoor Sales (<30 days) P P P Outdoor Displays P P P Parking Lot Sales P P P Amusement Enterprises P C P Transportation Facilities Bus Passenger Terminals P N P Charter Bus Companies C N C Motor Vehicle Transportation (Taxi/Shuttle) P N N Truck Stops and Terminals C N N N = Not Permitted P = Permitted C = Conditionally Permitted Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCDE NO. 1007-62160 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 30, 2011 Executed on: 12/30/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, December 6, 2011 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1007 -Amending Table 17.03-3 "Permitted Land Uses for Base Zone Districts" and Table 17.03-4 PPermitted Land Uses for Overlay Zone District? within Chapter 17, 'Zoning' to permit additional land uses throughout the City of Beaumont. The purpose of these amendments is to allow for additional permitted land uses, which would generally be acceptable in the proposed locations throughout the City. Ordinance No. 1009 was adopted at Its second reading on December 20, 2011 by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall Date: December 22, 2011 Rebecca Deming Director of Planning Publish The Record Gazette No. 62160 12/30, 2011 ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 5.32 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "BINGO" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 5.32, entitled "Bingo", is hereby amended in its entirety to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of December, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 20th day of December, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall CITY OF BEAUMONT By Brian De Forge;%Mayor 1 Chapter 5.32 BINGO Sections: 5.32.010 Short Title. 5.32.020 Authority for Enactment 5.32.030 Definitions 5.32.040 Bingo Games Authorized; Remote Caller Bingo Authorized 5.32.050 California Penal Code Section 326.3 Incorporated 5.32.060 California Penal Code Section 326.4 Incorporated 5.32.070 California Penal Code Section 326.5 Incorporated 5.32.080 License Required 5.32.090 Application for License 5.32.100 Contents of Licenses 5.32.110 License Fee 5.32.120 Duration of License 5.32.130 Investigation by Police 5.32.140 Change in Facts Must Be Reported 5.32.150 Posting of License and Rules 5.32.160 Hours and Days of Operation 5.32.170 Operation and Staffing of Games 5.32.180 Proceeds From Games 5.32.190 Inspection of Premises 5.32.200 License Revocation 5.32.210 Appeal 5.32.220 Audit and Accounting Requirements 5.32.230 Civil Remedies and Criminal Penalties 5.32.010 Ordinance." Short Title. This Chapter may be cited as the "City of Beaumont Bingo 5.32.020 Authority for Enactment. This Chapter is enacted pursuant to Article IV, Section 19 of the California Constitution as implemented by Sections 326.3 and 326.4 and 326.5 of the California Penal Code. 5.32.030 Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and give this Chapter its most reasonable application: A. "Bingo" has the same meaning set forth in Penal Code Section 326.5(o) as it now exists or may hereafter be amended. B. "Calendar week" means Monday through Sunday. 1 C. "City Manager" means the City Manager of the City of Beaumont or his or her designee. D. "Commission" means the California Gambling Control Commission. E. "Conduct," "operate," and "staff' all mean persons directly involved in the conduct of a bingo game and include, but are not limited to, calling numbers, distributing cards, and the awarding of prizes. F. "Licensee organization" means an organization to which the City Manager has issued a license to conduct bingo games under this Chapter. G. "Premises" means real property within the City on which bingo games are or may be licensed under this Chapter and that are: (i) owned or leased by an organization, or property the use of which is donated to the organization, and (ii) which is used by that organization for an office or for performance of the purposes for which the organization is organized. Premises need not be used or leased exclusively by, or donated exclusively to, a licensee organization. H. "Remote caller bingo game" has the meaning set forth in Penal Code Section 326.3(u) as it now exists or may hereafter be amended. 1. "Security personnel" means one or more persons exclusively employed to protect persons and property at bingo games. 5.32.040 Bingo Games Authorized; Remote Caller Bingo Authorized. A. Nothing in this Chapter shall prohibit the holding of any bingo games in compliance with the requirements of this Chapter by organizations exempted from payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701(1) and 23701w, and of the Revenue and Taxation Code, or by a mobile home park association of a mobile home park that is situated in the City, senior citizens organizations, and school districts; provided that the organization conducting the game shall have been incorporated or in existence for three years or more, the operation of bingo is not the primary purpose for which the organization was organized, the organization conducting the game is licensed pursuant to subdivision (1) of Section 326.5, the receipts of such games are used solely for charitable purposes, and the organization conducting the game determines the disbursement of the net receipts of the game. B. Bingo games for charitable purposes are authorized by Section 19, Article IV of the California Constitution, and Penal Code Sections 326.3, 326.4, and 326.5, and in accordance with the provisions of this Chapter. Eligible organizations may apply for a license to conduct bingo games in the City under the provisions of Penal Code Section 326.5, and in the case of remote caller bingo, Sections 326.3 and 326.4, and the provisions of this Chapter. 2 C. Remote caller bingo games for charitable purposes are authorized by Section 19, Article IV of the California Constitution, and Penal Code Sections 326.3 and 326.4. Remote caller bingo games shall be conducted in accordance with Penal Code Sections 326.3 and 326.4 and this Chapter and not otherwise, and only by organizations exempted from payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701 k, 23701(1) and 23701w, and of the Revenue and Taxation Code, or by a mobile home park association of a mobile home park that is situated in the City, senior citizens organizations, and charitable organization affiliated with school districts; provided that: 1. The organization conducting the game shall have been incorporated or in existence for three years or more, 2. The operation of bingo is not the primary purpose for which the organization was organized, 3. The receipts of such games are used solely for charitable purposes, 4. The organization conducting the game determines the disbursement of the net receipts of the game, and 5. The organization has a City -issued license to conduct bingo games. 5.32.050 California Penal Code Section 326.3 Incorporated. The provisions of Penal Code Section 326.3 are incorporated herein by this reference and apply along with provisions of this Chapter to control remote caller bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.3, Section 326.3 shall control. 5.32.060 California Penal Code Section 326.4 Incorporated. The provisions of Penal Code Section 326.4 are incorporated herein by this reference and apply along with provisions of this Chapter to control remote caller bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.4, Section 326.4 shall control. 5.32.070 California Penal Code Section 326.5 Incorporated. Notwithstanding the provisions of Penal Code Section 326.5(a), the provisions of Penal Code Section 326.5 are incorporated herein by this reference and apply along with provisions of this Chapter to control bingo games authorized by this Chapter. In the event of any conflict between the provisions of this Chapter and Penal Code Section 326.5, the more restrictive provision shall control. 5.32.080 License Required. No person or organization may conduct or allow another to conduct bingo games in the City without first obtaining a license from the City to do so. 3 5.32.090 Application for License. A. Applications for a license to conduct bingo games in the City shall be in writing on a form provided by the City, accompanied by a nonrefundable filing fee, as set out in Section 5.32.110 of this Chapter, and shall contain the following information: 1. Evidence that the applicant is an eligible organization under Section 5.32.040 of this Chapter; 2. The legal name of the applicant organization and the address of record of the agent upon whom legal notice may be served; 3. The mailing address of the applicant organization; 4. The names, and addresses and signature of the presiding officer and at least one other officer of the applicant organization; 5. The mailing and street addresses of the premises on which bingo games will be conducted, together with the occupancy load of the room or rooms in which bingo will be played provided by the fire code in effect in the City when the application is made; 6. The proposed day or days of the week and hours during which the applicant organization proposes to conduct bingo games; [7. Reserved.] 8. A statement setting forth the character, location and extent of the charitable work of the applicant organization; 9. A statement of the charitable use to which the proceeds of bingo games will be put; 10. A statement that the applicant intends or does not intend to conduct remote caller bingo games; 11. In the event the applicant does not intend to conduct remote caller bingo games, the applicant organization shall submit the names of organization members and security personnel who will operate and staff the bingo games to the Chief of Police for purposes of conducting a background investigation regarding such persons. This requirement may be waived upon presentation, by any person who will operate and staff the bingo games, of a recent background investigation conducted by a law enforcement agency such that it is deemed satisfactory to the Chief of Police. The cost of conducting these investigations shall be imposed upon the applicant organization in an amount not to exceed the actual costs of conducting the background investigation pursuant to Penal Code Section 326.5(I)(2), and in accordance with Section 5.32.110(A) of this Chapter. Results of required background investigations shall be attached to and submitted with the application for a bingo license other than for a remote caller bingo license; 12. If the applicant does intend to conduct remote caller bingo games, the Commission shall regulate remote caller bingo, including, but not limited to, licensure of staff members and the operation of games. The U.S. Department of Justice shall conduct any necessary background investigations and costs of such investigations shall be paid and accounted for in accordance with Business and 4 Professions Code Section 19867, all pursuant to Penal Code Section 326.3(q)(1) and (2); 13. The following documentation shall be attached to an application for a license for remote caller bingo as follows: (a) A certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the bank and corporation tax pursuant to Section 23701(d) of the Revenue and Taxation Code; (b) Other evidence as the City Manager determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile home park situated in the City; 14. If applicable, a statement that the applicant agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code Section 326.3 and 326.4 and this Chapter, as they may be amended from time to time, and understands that the City Manager may revoke the bingo game license for a violation of any such provision; 15. Such other information as may be required by the City Manager; 16. A license shall not be issued until the City Manager has verified the facts stated in the application and determined that the applicant is qualified. B. Any license for remote caller bingo issued pursuant to this Chapter shall be subject to the conditions contained in Penal Code Sections 326.3 and 326.4. C. All applications for a bingo license shall be signed under penalty of perjury by a person or persons with authority to bind the applicant organization. 5.32.100 Contents of licenses. Upon determining that an applicant is qualified to conduct bingo games in the City, the City Manager shall issue a license stating: A. The name and legal nature of the organization to which the license is issued; B. The address of the premises on which bingo games may be conducted; C. The capacity of the room or rooms in which bingo games may be conducted; D. The date the license expires; E. The City -issued license number; 5 F. Any rules for the conduct of bingo games imposed pursuant to state law; and G. Such other related information as may be necessary or desirable for the enforcement of this Chapter. 5.32.110 License Fee. A. Except as provided in subdivision (B), each initial application for an organization and any renewal request related to a bingo license shall be accompanied by a fee in an amount determined from time -to -time by resolution of the City Council. An additional fee for law enforcement and public safety costs incurred by the City that are directly related to bingo activities may be imposed and shall be collected monthly by the City; however, the fee shall not exceed the actual costs incurred in providing the service. If the applicant for a license is denied or the renewal thereof is denied, one-half of the fee shall be refunded to the applicant. B. Each initial application and any renewal request for a remote caller bingo license shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the City Council from time to time. 5.32.120 Duration of License. A license issued pursuant to this Chapter shall be valid for one (1) year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to offer bingo for play. The City expressly reserves the right to amend or repeal this Chapter at any time by resolution. If this Chapter is repealed, all licenses issued pursuant to this Chapter shall cease to be effective for any purpose on the effective date of the repealing resolution. 5.32.130 Investigation by Police. Upon the filing of an application for a license for the conduct of traditional bingo games, other than remote caller bingo, the City Manager shall forward the application to the Chief of Police for study and investigation. The Chief of Police shall investigate all persons listed on the application in accordance with Section 5.32.090(A)(11) of this Chapter. No person may operate or staff a bingo game who has been convicted of embezzlement, theft, fraud or gambling. Based on the study and investigation, the Chief of Police shall recommend to the City Manager either denial or approval of the license application. 5.32.140 Change in Facts Must be Reported. A. A licensee organization shall immediately report to the City Manager any change in the information provided on an application for a license under this Chapter. 6 B. Prior to conducting remote caller bingo games, a licensee organization shall supplement its license application by providing the City with a statement that the licensee organization agrees to conduct remote caller bingo games in strict accordance with the provisions of Penal Code Sections 326.3 and 326.4 and this Chapter, as they may be amended from time to time, and understands that the City Manager may revoke the bingo game license for a violation of any such provision. 5.32.150 Posting of License and Rules. At all times during which bingo is played, the licensee organization shall post conspicuously at the public entrance to the room or rooms in which bingo is played: the licensee organization license, any rules and regulations established by the City Manager for the conduct of bingo games under the license, and the licensee organization's rules of bingo operation. The posted rules shall be legible and accessible to all players. 5.32.160 Hours and Days of Operation. A. Except as provided in subsection (B) of this section, traditional bingo games shall be conducted between noon and midnight for a maximum of six hours per day and no more than two days per calendar week by any licensee organization or on any one premises whether or not more than one organization is licensed to conduct bingo games on those premises. B. Remote caller bingo games shall not be conducted by any licensee organization on more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter. 5.32.170 Operation and Staffing of Games. A. Remote caller bingo and traditional bingo shall be operated and staffed in accordance with state law. B. All persons who operate or staff bingo games shall wear an identification insignia or badge on the outside of their clothing, no less than two and one-half by three and one-half inches in size, bearing the name of the licensee organization and the name and any title of the staff member. 5.32.180 Proceeds From Games. A. Proceeds from bingo games shall be administered in accordance with state law. 7 B. If the monthly gross receipts from traditional bingo games of an organization exceed five thousand dollars, a minimum percentage of the proceeds shall be used only for charitable purposes not relating to the conducting of bingo games and the balance shall be used for prizes, rental of property, overhead, administrative expenses, and payment of license fees. The amount of proceeds used for rental of property, overhead, and administrative expenses is subject to the limitations specified in Penal Code Section 326.5(k)(2). 5.32.190 Inspection of Premises. A. No person shall interfere with, prevent or refuse to permit a duly authorized representative of the City Manager, the fire department or any peace officer to inspect any place in which bingo games or remote caller bingo games are conducted in the City, whether or not bingo games or remote caller bingo games are being conducted at the time of the inspection. B. Failure to allow, or interference with, an inspection constitutes a violation and shall be grounds for revocation of a license or denial of a bingo application or license. 5.32.200 License Revocation. A. Whenever it shall be shown or whenever the City Manager has knowledge that a licensee, or agent thereof, has violated any of the provisions of this Chapter or state law, the City Manager shall immediately suspend the license and give the organization written notice, ("Notice of Suspension") by registered mail to the address of record of the agent upon whom legal notice may be served, of the suspension and a brief statement of the reasons therefor. B. Upon receipt of the notice of suspension, the organization shall cease from conducting any bingo game or remote caller bingo game, and the failure to do so shall constitute a separate and further violation of this Chapter. 5.32.210 Appeal. A. In the event of any finding or decision of the City Manager which is adverse to the application of an organization for a license or renewal thereof under this Chapter, or if a license is suspended or revoked, the organization may appeal to the City's Board of Appeals, or the City Council if there is no Board, provided, that such appeal is filed with the City Clerk within fifteen calendar days from the date of the finding or decision of the City Manager. The City Manager shall notify the organization of this right to appeal, and such notice shall accompany each and every adverse finding and decision of the City Manager. The finding or decision and the notice of this right to appeal shall be mailed by registered mail, to the organization at the address that appears on the application for a license or renewal thereof. B. Failure of the City Manager to receive a timely request for an appeal constitutes a waiver of the right to contest the finding or decision. Unless a timely appeal is filed, a finding or decision of the City Manager becomes final and no longer subject to appeal. 8 C. Within thirty calendar days of the filing date of an appeal, the Board of Appeals (or City Council) shall conduct a hearing on the appeal. The City shall give the appellant at least five calendar days' mailed notice of the date, time, and location of the hearing at the address(es) specified on the appeal. The failure of any appellant to receive a properly addressed notice of hearing shall not invalidate any action or proceeding by the City pursuant to this Chapter. D. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. Within ten calendar days after conclusion of the hearing, the Board of Appeals (or City Council) shall render its decision. The decision of the Board (or City Council) shall be a final decision. E. The failure of any appellant to appear at the hearing without such cause as the Board (or City Council) may deem sufficient to justify a continuance shall constitute a default and the finding or decision of the City Manager shall thereupon be final and no longer subject to appeal. 5.32.220 Audit and Accounting Requirements. A. Prior to July 31 and prior to January 31 of each year, a licensee organization shall, at its own expense, submit to the City Manager a report of gross revenues, expenses and other information reasonably required by the City Manager to enforce this Chapter. A licensee organization shall annually submit to the City Manager a copy of its federal tax return not later than sixty calendar days after that return is filed with the Internal Revenue Service. B. A licensee organization shall maintain complete and accurate records of income received from, and prizes and other expenses disbursed in connection with, the operation and staffing of bingo games. C. The City Manager may at any time demand a complete and detailed accounting of the records required under subsection (B) of this section and any other data or information pertaining to the operation of bingo games maintained by a licensed organization. The City Manager may subject that accounting and such data and information to, an agreed-upon procedures examination, audit, and/or any other accounting review which may extend to, without limitation: (i) proceeds from the operation of bingo games, (ii) an accounting of the number of players and number of games played over a designated period, (iii) an inspection of bingo cards, funds, equipment or any other records or documentation in connection with the operation of games over a designated period. Such detailed accounting or further data or information shall be provided at the expense of the licensee organization if, in the sole discretion of the City Manager, such detailed accounting or further data or information is necessary for the enforcement of this Chapter. 9 D. In the event a licensee organization fails to render an accounting or provide information pursuant to the provisions of this Section within sixty calendar days of the City Manager's request, the City Manager may suspend that organization's license until the requested accounting or information is provided. 5.32.230 this Chapter: Civil Remedies and Criminal Penalties. In the event of a violation of A. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17.200 et seq. or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16.010. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030. Each such violation shall be deemed a separate offense as specified in Section 1.16.040; or B. The City Attorney may bring an action to enjoin a violation of this Chapter; or C. A violation of any provision of this Chapter may be prosecuted as a misdemeanor punishable under Section 1.24.110 of this code or pursuant to applicable state law; or D. If a violation of Penal Code Section 326.3(d) or Section 326.5(b) is filed by a prosecutorial agency, then such violation shall be punishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund of the City. 10 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1008 -BINGO -59496 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: November 11, 2011 Executed on: 11/11/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, December 6,2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1008 Amending Chapter 5.32 of the Beaumont Municipal Code Entitled "BINGO" It is the purpose and intent of this Ordinance to add Chapter 5.32 to the Beaumont Municipal Code which would make the game of bingo lawful under the terms and conditions of this chapter. Date: November 22, 2011 Shelby Hanve Deputy City Clerk Publish The Record Gazette No. 59496 11/11, 2011 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1008-62159 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 30, 2011 Executed on: 12/30/2011 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conducted a public hearing on Tuesday, December 6, 2011 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No.1008AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING CHAPTER 5.32 OF THE BEAUMONT MUNICIPAL CODE ENTITLED BINGO" It is the purpose and intent of this Ordinance to add Chapter 5.32 to the Beaumont Municipal Code which would make the game of bingo lawful under the terms and conditions of this chapter.Ordinance No. 1008 was adopted at its second reading on December 20, 2011 by the following vote: AYES: Mayor De Forge, Council Members Berg, Castaklo, and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall Date: December 22, 2011 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 62159 12/30, 2011 ORDINANCE NO. 1009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 17.17 "PAROLEE/PROBATIONER HOME" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.17, entitled "Parolee/Probationer Home", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 6th day of December, 2011, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 20th day of December, 2011, upon second reading by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, and Fox NOES: None ABSTAIN: None ABSENT: Council Member Gall Deputy City C'r Brian De Forge, 1 Exhibit A Chapter 17.17 Parolee/Probationer Home 17.17.010 Applicability and Conditional Use Permit Requirements 17.17.020 Development regulations 17.17.020 Conditional Use Permit Findings. 17.17.030 Special Noticing Requirements 17.17.040 Public Nuisance 17.17.050 Nonconforming Use 17.17.060 Amortization 17.17.070 Definitions 17.17.010 Applicability and Conditional Use Permit Requirements. A Conditional Use Permit, pursuant to Chapter 17.02.100 of this Zoning Code, is required for the establishment of any parolee/probationer home. 17.17.020 Development regulations. Parolee/probationer home shall comply with the development, locational and all other applicable regulations of the Zoning District in which the use is proposed to locate. In addition, the parolee/probationer home shall comply with all of the following locational and operational standards: 1. Locational Requirements. When a Conditional Use Permit for a parolee/probationer home is requested, the parolee/probationer home shall be located: a. A minimum of 660 feet away from any existing or proposed school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility, or other similar uses, as reasonably determined by the Planning Director. The distance between the parolee/probationer home and school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use shall be measured from the closest exterior wall of the parolee/probationer home and the nearest property line included within the school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use, along a straight line extended between the two points, without regard to intervening structures; and b. A minimum of 1,320 feet away from an existing parolee/probationer home or other similar use. The distance between parolee/probationer homes shall be measured from the closest exterior wall of one parolee/probationer home and the nearest property line included within the other parolee/probationer home, along a straight line extended between the two points, without regard to intervening structures. For the purposes of the locational requirements set forth in this subsection, "other similar use" or an "existing parolee/probationer home" shall also include any residential structure or unit, including any hotel or motel, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses at least two parolees/probationers, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, including alcohol and/or drug-free residential recovery home, community care facility, residential care facility and other such facilities. 2. Operational Requirements. Parolee/probationer homes shall comply with the following operational requirements: a. Each parolee/probationer home shall be limited to a maximum number of six (6) parolees or probationers, and each bedroom in the house/home may not exceed two parolees or probationers. b. Multiple -family dwellings or apartments with less than 25 units shall be limited to one parolee/probationer home. c. Multiple -family dwellings or apartments with 25 or more units shall be limited to two parolee/probationer homes. d. Notwithstanding the definition of parolee/probationer home in Section 17.17.070 or any other provision of the City of Beaumont Zoning Code or the City of Beaumont Municipal Code, hotels and/or motels with 14 rooms or less cannot provide transient lodging services or accommodations to more than three parolees during any 28 consecutive day period regardless of any length of their respective stays; and hotels and/or motels with 15 rooms or more cannot provide transient lodging services or accommodation to more than five parolees during any 28 consecutive day period regardless of the length of their respective stays. e. As determined by the Chief of Police or his/her designee, the property owner or a designated on-site manager must live full-time on the site of the parolee/probationer home, and the name and phone number of this individual shall be provided to the Chief of Police or his/her designee. f. The Police Department shall be provided with a weekly update of the names of all parolees/ probationers living at the parolee/probationer home. The updates required by this section may be in any of the following forms: in writing via electronic mail or facsimile. g. Any owner/operator of an Parolee/ Probationer Home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the Parolee/ Probationer Home until this information has been provided and the subject has been approved by the Chief of Police or his/ her designee; 17.17.020 Conditional Use Permit Findings. An application for a Conditional Use Permit for parolee/probationer home may be approved and/or modified, in whole or in part, only if the findings in Section 17.02.100 of this Zoning Code are first made. Additionally, in evaluating each request for approval of a Conditional Use Permit for a parolee/probationer home, particular attention shall be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses) and to ensuring that the proposed use will not result in harm to the health, safety or general welfare of the surrounding neighborhood or substantial adverse impacts on adjoining properties or land uses. 17.17.030 Special Noticing Requirements. In addition to the notice and hearing requirements required for Conditional Use Permits, all property owners within 1,000 feet of the proposed parolee/probationer home, as measured from the subject property lines, shall be notified of the proposed Conditional Use Permit. 17.17.040 Public Nuisance. The establishment, maintenance or operation of a parolee/probationer home in violation of the regulations of this section or in violation of the conditions of approval of an approved conditional use permit is declared to be a public nuisance and may be abated by the City pursuant to applicable provision of the City of Beaumont Municipal Code, City of Beaumont Zoning Ordinance or any available legal remedies, including but not limited to civil injunctions. 17.17.050 Nonconforming Use. Any parolee/probationer home lawfully existing prior to the effective date of the ordinance codified in this section is a legal nonconforming use, subject to applicable nonconforming use regulations of Chapter 17.08 of the City of Beaumont Zoning Ordinance. 17.17.060 Amortization. 1. Any parolee/probationer home regulated under provisions of this section which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring one year from the effective date of the ordinance codified in this section. 2. Amortization—Notice. The Community Development Department shall provide written notice to the property owner or operator at least 120 days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or owner of the parolee/probationer home for an extension of the amortization period shall not be denied on the grounds that it is untimely. 3. Amortization—Application for Extension. a. The property owner may file an application with the Community Development Department for an extension of the amortization period. The applicant must state: i. Whether a previous extension has been requested and granted, as well as the date of the previous request; and ii. The efforts that will be made to conform by the conclusion of the extended period. b. The property owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council. c. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Community Development Director determines that good cause exists for the late filing of the application. 4. Amortization—Decision to Grant or Deny Extension. a. The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period. b. In rendering its decision, the Planning Commission shall determine whether the parolee/probationer home has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted. c. The Planning Commission shall consider the following factors in making its determination: i. The parolee/probationer homeowner's financial investment in the renting out rooms, units, homes to parolee/probationers; ii. The present actual and depreciated value of business improvements; iii.The applicable Internal Revenue Service depreciation schedules; iv. The remaining useful life of the rental improvements; v. The remaining lease terms, if any; vi. The cost of relocating the parolee/probationer home to a site conforming to the provisions of this chapter, if applicable; vii. The ability of the parolee/probationer home and/or owner to change the use to a conforming use; and viii. The secondary effects of the parolee/probationer home adult business on the health, safety and welfare of surrounding community, residential dwellings, businesses and/or uses if the parolee/probationer home is permitted to extend the amortization period. d. The Planning Commission's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant. 5. Amortization -Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within 15 days after the written decision of the Planning Commission in accordance with the provisions of Sections 17.02.060 of this Zoning Ordinance. 6. Amortization—Public Nuisance. The City Council declares to be a public nuisance any parcel where a parolee/probationer home is operating and where the amortization period as a legal nonconforming use has expired and (a) no application for an extension is on file or has been granted, or (b) no application for parolee/probationer home Conditional Use Permit is on file or has been granted. 17.17.060 Definitions 1. Parolee/Probationer: An individual as follows: A. Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or B. Who is serving a period of supervised community custody as defined by State Penal Code 3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or C. An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or 4. An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision. Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 62168 Notice - Ordinance No. 1009 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/30, 2011 Executed on 12/30, 2011 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. _AdYar1;„ent NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public healing on Tuesday, December 6, 2011 at ap- proximately 6:00 p.m. in the Room 5 at the 'Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons're- garding the adoption of the following matter(s): Ordi- nance No. 1009 An Ordi- nance of the City Council of the City of Beaumont, Cali- fornia adding Sections 17.16 10 the Beaumont Mu- nicipal Code Entitled "Pa- rolee/Probationer Home". The purpose of this amend- ment is to add Section 17.16 "Parolee/Probationer Home" which regulates the Conditional Use Permitre- quirements for operating a Parolee/Probationer Home including the development standards required. Ordi- nance No. 1009 was adopted at its second read- ing on December 20, 2011 by the following vote: AYES: Mayor De Forge, Members Berg Cas ox "..�'.. NOES: this statement becomes Public Record upon filing. -s- John Paul Frey. This statement was filed with the County Clerk of Riverside County on Dec. 13, 2011. Publish The Record Gazette No: 62180 1V30,2011 01/06,13, 20, 2012 ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 13.24 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "STORM WATER AND URBAN RUNOFF MANAGEMENT" AND REPEALING ORDINANCE NO. 763 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 13.24, entitled STORM WATER AND URBAN RUNOFF MANAGEMENT, is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: Ordinance No. 763 is hereby repealed. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this l7thday of January , 2012, by the following roll call vote: AYES: Mayor De Forge, Council Members Berg, Castaldo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 7th day of February , 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Cle CITY OF BEAUMONT By 1 Sections: 13.24.010 13.24.020 13.24.030 13.24.040 13.24.050 13.24.060 13.24.070 13.24.080 13.24.090 CHAPTER 13.24 STORM WATER AND URBAN RUNOFF MANAGEMENT Definitions Responsibility for Administration Non -Storm Water Discharges Regulation of Illicit Connections Prohibited Discharges Inspections Notification of Spills Enforcement Separate offense 13.24.010 Definitions. The following words and phrases shall, for purposes of this Chapter, are defined as follows: A. "Best Management Practices" (BMPs) means any activities, practices, procedures, programs, prohibitions or any other measures designed to prevent or reduce the discharges of pollutants directly or indirectly into waters of the United States. BMPs shall include, but are not limited to, those measures specified in the California Storm Water Best Management Practices Handbook for the Municipal, Industrial, Commercial and Construction Activities, as they may be amended from time -to -time, and such measures as may be mandated by the City Engineer. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage or recyclable materials storage areas. B. "City" mean the City of Beaumont. C. "Clean Water Act" means the Federal Water Pollution Control Act, amended in 1977 as the Clean Water Act, and amended in 1987 to establish new controls on industrial and municipal storm water discharges, and any and all subsequent amendments thereto. D. "Discharge" means any release, spill, leak, disposal, flow, escape, leaching (including subsurface migration or deposition of groundwater) dumping or discarding of any liquid, semi-liquid, condensate, vapors or solid substances, or combination thereof. E. "Illegal Discharge" means any discharge to the storm drain system that is not composed entirely of Storm Water Runoff except Discharges made pursuant to a National Pollutant Discharge Elimination System (NPDES) Permit or as otherwise authorized by the Santa Ana Regional Water Quality Control Board. 1 F. "Illegal Connection" means any physical connection to a storm drain system which has not been permitted by the City, the Riverside County Flood Control and Water Conservation District, or other appropriate public agency. G. "National Pollutant Discharge Elimination System (NPDES) Permit" means a storm water discharge permit issued by the Santa Ana Regional Water Quality Control Board or the State Water Resources Control Board pursuant to the Clean Water Act, including an MS4 Permit. H. "Municipal NPDES Permit" means the area -wide NPDES Permit issued to a governmental agency or agencies for the discharge of storm water to a storm water system. I. "Non -Storm Water Discharge" means any Discharge to storm water system that is not entirely composed of storm water. J. "Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights and duties. K. "Pollutant" means the following liquid, solid or semi liquid, vapors or combinations thereof: 1. Artificial materials, chips, residues, pieces of natural or man made materials such as floatable plastics, wood, paper and metal shavings; 2. Household wastes such as trash, paper, plastics, lawn clippings and yard wastes, animal fecal materials, pesticides, fertilizers, herbicides, used oil and other fluids from vehicles and other machinery such as lawn mowers; 3. Metals, such as cadmium, lead, iron, zinc, copper, silver, nickel, chromium and non-metals, such as phosphorus and arsenic; 4. Petroleum hydrocarbons (such as fuels, lubricants, coolants, surfactants, waste oils, solvents and greases); 5. Excessive eroded soils, sediments and other particulate materials; 6. Animal wastes (such as discharges from confined animal facilities, kennels, pens and recreational facilities, including, stables, pet zoos, show facilities or polo fields); 2 7. Substances having characteristics with a pH of less than 6.5 or greater than 8.5 or unusual turbidity, color or excessive levels of fecal coliform, fecal streptococcus or enterococcus; 8. Waste materials and wastewater generated from construction sites and by construction activities (such as painting, staining, use of sealants, glues, limes, excessive pesticides, fertilizers or herbicides, use of wood preservatives and solvents, disturbance of asbestos fibers, paint flakes or stucco pigments , application of oils, lubricants, hydraulic, radiator or battery fluids, construction equipment washing, concrete pouring and cleanup wash water or use of concrete detergents; steam cleaning or sand blasting residues; use of chemical degreasing or diluting agents ; and chlorinated potable water line flushing); 9. Materials causing an increase in biochemical oxygen demand (BOD), chemical oxygen demand (COD) or total organic carbon compounds (TOC); 10. Materials which contain base neutral/or acid extractable organic compounds; 11. Those pollutants defined in Title 33 U.S.0 Section 1362 (6) of the Federal Clean Water Act; 12. A material stored for reuse or future recovery but discharged off-site is construed as a waste; 13. Any other constituent or material that may adversely affect the beneficial uses of receiving waters, flora, fauna of the State, as determined by an appropriate regulatory agency. Pollutant does not include uncontaminated storm water, runoff, potable water or recycled water generated and used in a lawful manner. L. "Premises" means any building, lot, parcel of land, land or portion of land whether improved or unimproved. M. "Regional Board" means the Santa Ana Regional Water Quality Control Board. Board. N. "State Board" means the California State Water Resources Control 3 0. "Storm Drain System" means any facility within the City of Beaumont by which storm water may be conveyed to waters of the United States which includes, but is not limited to, roads, streets, curbs, gutters, alleys, catch basins, natural or artificial channels, ditches, inlets, conduits, storm drains or other drainage structures. P. "Storm Water" or "storm water runoff' means surface runoff and drainage associated with rainwater or other precipitation events. (Ord. 1010, 02.07.12) 13.24.020 Responsibility for Administration. This Chapter shall be administered for the City by the City Engineer/ the Director of Public Works and the City Attorney. (Ord. 1010, 02.07.12) 13.24.030 Non -Storm Water Discharges. No person shall discharge or cause or permit to be discharged any Non -Storm Water Discharge to areas where it will or may enter any storm drain system, except: (a) Discharges covered by an NPDES permit, or for which an approval has been issued by, the Regional Board or the State Board; (b) Discharges from potable water flushing and other potable water resources where chlorine in detectable concentration is not present and either the Regional Board or the State Board has issued approval as a deminimus discharge; (c) Discharges from fire fighting and fire hydrant testing and flushing as long as no detectable chlorine is present; (d) Discharges from landscape irrigation, lawn watering and other irrigation activities; (e) Diverted stream flows; (f) Rising ground waters and natural springs; (g) Uncontaminated ground water infiltration (as defined in 40 CFR 35. 2005 (20) and uncontaminated pumped ground water; (h) Passive foundation drains; (i) Air conditioning condensate; (j) Water from crawl space pumps; (k) Passive footing drains; 4 Discharges from individual residential vehicle washing; Flows from riparian habitats and wetlands; Dechlorinated swimming pool discharges; Street and side walk washing and runoff; (p) Waters not otherwise containing wastes as wastes are defined in the California Water Code Section 13050 (d); and (q) Other discharges specifically authorized and permitted by the Regional Board, as described in the MS4 permit issued to the City as a co -permittee. (Ord. 1010, 02.07.12) 13/4.040 Regulation of Illicit Connections. No person shall construct, use, maintain, operate, facilitate or permit the existence of any illegal connection to the Storm Water System on any premises owned, controlled or operated by such Person. (Ord. 1010, 02.07.12) 13.24.050 Prohibited Discharges. Except as otherwise permitted under this Chapter, no Person shall Discharge any liquid, semi-solid or solid substance, or combination, thereof, that is not composed entirely of Storm Water, and which contains any pollutant, to: (a) the Storm System / Storm Water Drain; (b) any upstream flow which is tributory to the Storm System; (c) any ground water, stream, creek, wash or dry weather arroyo, wetlands areas or marshes. (Ord. 1010, 02.07.12) 13.24.060 Inspections. The City Manager or City Engineer, or designee of either, may, on 24-hour oral or written notice, unless exigent circumstances justify a shorter time period, enter upon and inspect any private Premises for the purpose of verifying compliance with the terms and conditions of this Chapter, Such inspections may include, but are not limited to: (a) Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject Premises; 5 (b) Identifying points of Discharge of all wastewater, processed water systems and Pollutants; (c) Establishing location of all points of Discharge from the Premises, whether by surface runoff or through the Storm System; (d) Identifying the natural slope of the Premises, including drainage patterns and man-made conveyance systems; (e) Locating any illegal Connection or any Discharge prohibited by this Chapter or the Clean Water Act or the State Permit(s); (f) Investigating the condition of any legal nonconforming connection; (g) Conducting routine inspections to verify compliance with this Ordinance terms and conditions; (h) Installing any necessary sampling devices to conduct sampling or metering operations. During all inspections as provided herein, the city staff or its agents may take any samples deemed necessary to aid in pursuit of the inquiry or in the recordation of the activities on-site. (Ord. 1010, 02.07.12) 13.24.070 Notification of Spills. All Persons in charge of the Premises are responsible for training on-site personnel to identify, and to notify the City of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge to the storm system. The Person in charge shall promptly implement an emergency response to contain and, clean up such releases in a timely manner. (Ord. 1010, 02.07.12) 13.24.080 Enforcement. A. Any violation of this Chapter is a misdemeanor and shall be punishable by either a fine of up to $1,000 or six months in the County Jail or both. B. As a part of any sentence or other penalty imposed or the award of any damage, the Court may also order that restitution be paid to the City or any injured person by any person violating this Chapter, or, in the case of a violator who is a minor , by the minor's parent or lawfully designated guardian or custodian. Restitution may include the amount of any reward. 6 C. Any Person violating the provisions of this Chapter shall reimburse the City for any and all costs incurred in responding to, investigating, assessing, monitoring, treating, removing, or remediating any Pollutant to Storm System; rectifying any illegal Connection; or remediating any violation of this Chapter. Such costs to be paid to the City include all inspections, administrative expenses and all legal expenses, including costs and attorneys' fees. The costs to be recovered shall be recoverable from any and all Persons creating, causing or committing or maintaining the violation of this Chapter, or participating in the same. D. In the event any violation of this Chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or the City Engineer, or the Building Official, or any authorized agent thereof, may enter upon the Premises from which the suspected violation emanates. The entry to the premises affected by the alleged violation will be without notice to or consent from the owner/operator/ occupant of the Premises. An imminent danger shall include but is not limited to exigent circumstances created by the Discharge of Pollutants, where such Discharge presents significant and immediate threat to the public health or safety, or the environment. The determination of imminent danger condition will be solely determined by the City Manager, City Engineer or their designees. E. Violations of this Chapter may further be deemed to be public nuisance which may be abated by administrative citation, administrative abatement or civil or criminal action in accordance with the terms and provisions of this Code and State law. F. All costs and fees incurred by the City as result of any violation of this Chapter which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject Premises from which the nuisance emanated and a personal obligation against the owner, in accordance with the Government Code Sections 38773.1 and 38773.6. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 38773.1. The City Attorney is authorized to collect abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the County Assessor of a special assessment against the Premises in accordance with the conditions and requirements of the Government Code section 3877.5. G. Any Person acting in violation of this Chapter may also be acting in violation of the Clean Water Act or the California Porter Cologne Act (California Water Code Sections 13000 et seq.) and the regulations hereunder, and other laws and regulations, and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief. 7 H. The City Attorney is authorized to file in a court of competent jurisdiction a civil action seeking an injunction against any violation or threatened or continuing violation of the Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the City for all costs incurred in enforcing this Chapter, including costs of inspection, investigation, monitoring, treatment, abatement, cleanup, removal or remediation under taken by or at the expense of the City, and may include all legal expenses and fees and any and all costs incurred relating to the restoration, cleanup or remediation of the environment. I. The City has the right to order to cease and desist violations of the Code including requiring cessation of operation in situations of imminent danger. J. The City may utilize any and all other remedies as otherwise provided by law. (Ord. 1010, 02.07.12) 13.24.090 Separate Offense. A Person shall be deemed guilty of a separate offense for each day and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted. (Ord. 1010, 02.07.12) 8 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1010 - 62236 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 6, 2012 Executed on: 01/06/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN, that the Beaumont City Council will hold a public hearing on January 17, 2012 at approximately 6:00 p.m. in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s). Ordinance No. 1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CIN OF BEAUMONT, CALIFORNIA ADDING CHAPTER 13.24 TO THE BEAUMONT MUNICIPAL CODE ENTITLED 'STORM WATER AND URBAN RUNOFF MANAGEMENT' AND REPEALING ORDINANCE NO. 763 The purpose of this new Chapter is to regulate the discharge of storm water from residential, industrial and commercial properties within the City of Beaumont. The proposed Ordinance is intended to implement federal, state, county laws, regulations statutes required by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency applicable to non- point source discharges of storm water. The Ordinance will add Chapter 13.24 to the Beaumont Municipal Code in compliance with certain requirements of the State Water Resources Control Board and the Regional Board MS 4 Permit Requirements issued to the Riverside County Flood Control and Conservation District and Cities within the Riverside County on January 29, 2010. Date December 22, 2011 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 62236 01/06, 2012 Ordinance No. 1011 An Uncodified Ordinance of the City Council of the City of Beaumont Establishing Speed Limits On Certain Streets in the City of Beaumont The City Council of the City of Beaumont, California, does ordain as follows: WHEREAS, in accordance with California Vehicle Code Section 40802, the Manual of Uniform Traffic Control Devices, and California Supplement published by Caltrans, Engineering and Traffic Surveys must be performed before the use of radar or other electronic devices for enforcement is authorized; and WHEREAS, the City in the fall of 2011 conducted and completed a traffic engineering study and speed survey on the street segments identified in the Section 1 attached hereto; and WHEREAS, the results of the engineering and speed surveys conform to the requirements of the Vehicle Code, the Manual of Uniform Traffic Control Devices, and California Supplement published by Caltrans; and WHEREAS, the City's police officers have successfully completed a radar operator course, approved and certified by the Commission on Peace Officer Standards and Training, of not less than twenty four (24) hours on the use of police traffic radar; and WHEREAS, a radar, laser, or other electronic device used to measure the speed of a vehicle meets the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility; and WHEREAS, the Public Works Director has concluded and recommends that the speed limits set forth in Section 1 attached hereto are justified. Section 1 — Adoption of Speed Limits The Following speed limits on the Street indicated below within the City of Beaumont are hereby established (see "New Speed Limit"): Road Identification Roadway Segment Speed Limit Before New Speed Limit First Street Viele Avenue to California Avenue 40 40 First Street California Avenue to Pennsylvania Avenue 40 40 First Street Pennsylvania Ave. to Highland Springs Avenue 45 45 Second Street Highland Springs Avenue to Commerce Way 35 35 Fourth Street City Limits to Viele Avenue 40 40 Fourth Street Viele Avenue to California Avenue 25 25 Sixth Street 1-10 Exit Ramp to American Avenue 30 30 Sixth Street American Avenue to Highland Springs Avenue 40 35 Eighth Street Pennsylvania Avenue to Xenia Avenue 30 30 Eighth Street Xenia Avenue to Highland Springs Avenue 30 35 Beaumont Ave. Fifth Street to Eleventh Street 30 30 Beaumont Ave. Eleventh Street to Oak Valley Parkway 40 40 _ Beaumont Ave. Oak Valley Parkway to Brookside Avenue 45 40 Brookside Avenue City Limits near 1-10 and Union Street 55 50 Brookside Avenue Union Street to Highland Springs Avenue 40 40 California Avenue Sixth Street to South City Limits 35 40 Champions Drive Desert Lawn Drive to Cherry Valley Boulevard 45 40 Cherry Avenue Oak Valley Parkway to Brookside Avenue 35 35 Cherry Valley Blvd Champions Drive to North City Limits 45 45 Cougar Way Beaumont Avenue to Cherry Avenue 35 35 Elm Avenue Eighth Street to Oak Valley Parkway 30 30 Golf Club Drive Oak Valley Pkwy to Solera Gate 40 35 Highland Springs Ave Oak Valley Parkway to Brookside Avenue 50 50 Highland Springs Ave Eighth Street to Oak Valley Parkway 50 50 Road Identification Roadway Segment Speed Limit Before New Speed Limit Highland Springs Ave First Street to Eighth Street 30 35 Highland Springs Ave Crooked to First Street 35 35 Valley Parkway Western City Boundary to 1-10 Freeway 55 50 _Oak Oak Valley Parkway 1-10 Freeway to Beaumont Avenue 45 45 _ Oak Valley Parkway Beaumont Avenue to Cherry Avenue 35 35 Oak Valley Parkway Cherry Avenue to Highland Springs Avenue 40 35 Oak View Drive Oak Valley Parkway to Iris Street 45 45 Oak View Drive Iris Street to Brookside Avenue 45 45 Palm Avenue Sixth Street to Oak Valley Parkway 30 30 Palm Avenue Oak Valley Parkway to Cougar Way 40 40 Palmer Avenue Oak Valley Parkway to Trevino Trace 35 35 Pennsylvania Avenue First Street to Sixth Street 35 35 Pennsylvania Avenue Sixth Street to Oak Valley Parkway 30 30 Potrero Boulevard Highland Springs Avenue to Manzanita Parkway 45 45 Ring Ranch Road Elm Avenue to Windbound Avenue 35 35 Seneca Springs Pkwy Potrero Boulevard to Manzanita Parkway 40 40 Starlight Avenue Highland Springs Avenue to Oak Valley Parkway 40 35 Fairway Drive Oak View Drive to Solera Gate NP 35 Section 2: Compliance with Law Ordinance 1011 is enacted and Section 1 demonstrates the speed limits on certain street segments determined by an Engineering and Traffic Survey to be reasonable and most appropriate to facilitate the orderly and safe movement of traffic. The Public Works Director is hereby directed to provide notification to the public through the appropriate official traffic control devices in accordance with the California Vehicle Code. Section 3: Erection of Signs The Public Works Department is hereby authorized and directed to install and/or upgrade any or all immediately -appropriate signs giving notice of said speed limits. Section 4: Publication of Ordinance: Effective Date This Ordinance shall take effect thirty (30) days after the date of adoption and prior to the expiration of fifteen (15) days from passage thereof shall be published by the City Clerk at least once in a local newspaper of general circulation, published and circulated in the City of Beaumont, and thenceforth and thereafter the same shall be in full force and effect. MOVED AND PASSED upon first reading this 7th day of February 2012, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Gall None None None MOVED, PASSED AND ADOPTED this 2lstday of FebruaT32012, upon second reading by the following roll call vote: AYES: NOES: None ABSTAIN: None ABSENT: None Mayor Berg, Council Members Castaldo, De Forge, Fox, Gall Roger Berg, Mayor Speed Summary for 2012 Speed Zone Recertification Remarks - if reduction from nearest 5mph increment of 85th % speed is recommended Lack of continuous sidewalks; Designated Class 2 bike route I Lack of continuous sidewalks, Designated Class 2 bike route Higher than Average Collision Rate; Designated Class 2 bike route / shared golf cart Lack of continuous sidewalks Lack of sidewalks; high pedestrian activity Higher than Average Collision Rate; High pedestrian activity Lack ofcanatuotts sidewaks; Designated pass 2 bike route' Higher that average coNision rate Lack of sidewalks; high pedestrian activity; Higher than average collision rate • .90 Higher than Average Collision Rate; High pedestrian activity High pedestrian activity; multiple resdiential driveways' 22 X � Lack of continuous sidewalks; Higher than average collision rate Designated Class 2 bike route and constrained design soeed Lack of continuous sidewalks; Higher than average collision rate Lack of sidewalks; constrained design speed .. � a Collision Rate Compared to State -Wide Average 8 m m Above 0 ma Below 2‹— ' Above Below .$ Above 1 Above I Below g.d m Y K d ao E .E• U 4.28 1.39 o 0 m O 4.71 I 5.84 OLT Ep ,4 A R eti 2.74 r 3.05 2.10 '5=- .0 f ry 0 8 p O N p O p 8 W OO R a 8 a qp O' m O m 8 p W N p C m ,, : 2 of p O m p O a {y °a d U ^ m } a '1R m Y m ry m m q a. M N Y ',`°'V ry m . ' m 9 m V m V c a ':',b' y m m < m m CV m 01 .1Q m a ea, a'.. m 4 m m m: 1 1 i' < e < v a m m a- m a m a a a v a e m E L m 1 e e v m 40 rym 30 m 30 40 O a d x ax 6.. m a m m -5 j 0!11_ v < v m O a ry o, C a O, 0 M O a , a m m 6:. a Limits of Segment Viele Ave. to California Ave. California Ave. to Pennsylvania Ave. Pennsylvania Ave. to Highland Springs Ave. Highland Springs Ave. to Commerce Wy. City Limits to Viele Ave. Viele Ave. to California Ave. 1-10 Exit Ramp to American Ave. IArtier ea# Ave. to Highland Springs Ave. Pennsylvania Ave. to Xenia Ave. yy., Q'.. Fifth St. to Eleventh St. Eleventh St. to Oak Valley Pkwy. o R pry. Vii.: Oesert.LawO Dr to Cherry Valley Blvd. Oak Valley Pkwy. To Brookside Ave. Champions Dr. to North City Limits Beaumont Ave. to Cherry Ave. Eighth St. to Oak Valley Pkwy. W M First Street II L.T.it Second Street Fourth Street Fourth Street Sixth Street Sixth Street Eighth Street ,` 2 ' Beaumont Avenue Beaumont Avenue Beaumont Avenue... E Cherry Avenue Cherry Valley Boulevard Cougar Way I Elm Avenue .n N m a v- . , W m .. .-+ .. 4 .a. .. ti .. W m O Remarks - if reduction from nearest 5mph increment of 85th % speed is recommended Designated Class 2 bike route; 50 mph speed zone for NBT in City of Banning 35mph speed zone for NBT in Bantling; Higher than average cbtllSIOn,rate= Designated class 2 bike route;35 mph speed zone for NBT in the City of Banning Higher than Average Collision Rate; Designated Class 2 . bike route Lack of continuous sidewalks; Designated Class 2 bike .. route. . .,.. gn S S 8 A Isom a44 05 OUOZ needs udm sc tuaaefPV'aanoa aifjq; ssep pateufirsacj High pedestrian activity; multiple resdiential driveways I Designated Class 2 bike route Designated Class 2 bike route Lack of sidewalks; Designated Class 2 once route; Higher than average collision rate Lack of continuous sidewalks; High pedestrian activity I Designated Class 2 bike route ; adjacent 2S mpn s,eedzone to the easr C U U m Below Average Below w ; g1 1 O Below Below Above o 0 0 0 ge m 1 ',n `o E E U o '. a F, '..-i, Ci CO m v 1 2.70 n n 0 o '. r3 , > Q-• I'I 25 o a a n : ro. -, m e m e m a ry m e ao n . o 1.4ri .ti 8 8 8 S$ 8 8 N 8 m i 8 8 8 4 8 8 G L' m m .. N g 'I v V m,.. Y m vi a vmi s a mi 4,. veai m q m m ry m m v m m m ry q m q m aq m m as F1 m e m m 4 a m °� m o a m m m m m e e m m � m 42 a i N m .n m a �i m e v o a m m a o m a v v g g N K 0 50 1 m m N d m M O 45 m 40 M m 30 O m o m 0 23. j g YN1 0 m m O m o C e M o M m M O m o 1 Z Limits of Segment Oak Valley Pkwy. To Brookside Ave. Eighth St. to Oak Valley Pkwy. I` FirstSt. to EightlSt: Crooked Creek to First St. CRYLimits to 1-10 1-10 to Beaumont Ave. Beaumont Ave. to Cherry Ave. z . S 2 a Oak Valley Pkwy. To Iris St. Iris St. to Brookside Ave. Sixth St. to Oak Valley Pkwy. Oak Valley Pkwy. To Cougar Wy. Oak Valley Pkwy. To Trevino Tr. First St. to Sixth St. Sixth St. to Oak Valley Pkwy. Highland Springs Ave. to Manzanita Park Rd. Elm Ave. to Winbound Ave. Potrero Blvd. to Manzanita Park Rd. 2 Q m � m x m Um; 0 u n 1 N Highland Springs Avenue Highland Springs Avenue S Highland Springs Avenue Y' 0ce Oak Valley Parkway Oak Valley Parkway 1' Oak View Drive Oak View Drive Palm Avenue Palm Avenue Palmer Avenue Pennsylvania Avenue Pennsylvania Avenue Potrero Boulevard Ring Ranch Road Seneca Springs Pkwy. N N N ry N N N m N m m m m m m m m m m o ORDINANCE NO. 1012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 6.04.080 OF THE BEAUMONT MUNICIPAL CODE RE: "ANNOYING OR BARKING DOGS CONSTITUTES A NUISANCE" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 6.04.080 of Chapter 6.04 of the Beaumont Municipal Code, entitled "Annoying or Barking Dogs Constitutes a Nuisance" is hereby amended in its entirety to read as follows: "Section 6.04.080 Barking Dog Noise. It shall be unlawful for any person to permit any dog or dogs under his or her charge, care, custody or control to emit any excessive noise after an Enforcement Officer has issued a written notice advising the owner or custodian of the alleged noise and the procedures as set forth below have been followed. For purposes of this section, the term "excessive noise" shall mean noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one or more persons occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. The noise must be continuously audible for ten (10) minutes or intermittently audible for thirty (30) minutes within a three (3) hour period. However, the provisions of this section shall not apply to any commercial animal establishment permitted by zoning law where located. Enforcement of the provisions of this section shall be as follows: A. First Complaint. 1. Upon receiving a written complaint involving a whining, barking, howling, or similar dog noise, the Enforcement Officer shall issue a written notice to the owner or person having charge, care, or custody (hereinafter in this Section referred to as the owner) of the dog or dogs advising that person of the noise complaint and requesting immediate abatement of any excessive noise. 2. Complaints to the Enforcement Officer must include the name, address and telephone number of the complainant(s) as well as the address of the dog owner and a description of the noise. B. Second Complaint. If, within 15 days from the issuance of the written notice pursuant to (a) above, a second complaint is received from the complainant along with a written complaint from an additional complainant residing in a separate residence within reasonable proximity to the dog(s), the Enforcement Officer shall, by written notice, require the complainant or complainants and the owner of the dog or dogs to appear at a meeting by the Enforcement Officer to discuss possible ways and means to resolve the problem. The Enforcement Officer may proceed with a meeting based on a second complaint from only one complainant if the Officer determines that the noise affects that complainant. If the problem remains unresolved, the owner shall be deemed to have violated the provisions of this Section, and in the discretion of the Enforcement Officer, the Enforcement Officer may: 1 1. Seize and impound the dog(s) if the Enforcement Officer has reasonable grounds to believe that prompt action is required to protect the health or safety of the animal(s) or the health and safety of others and provide the owner with an opportunity for a post -seizure hearing as provided in Section 6.08.050; or 2. Where the need for immediate seizure is not present, the Enforcement Officer shall provide the owner with an opportunity for a hearing prior to any seizure in accordance with the provisions of Section 6.08.060, or 3. Issue to the owner an Administrative Citation pursuant to Sections 1.17.200 et seq., or an Infraction Citation pursuant to Section 1.16.010. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of the Beaumont Municipal Code. Each violation shall be deemed a separate offense as specified in Section 1.16.040." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 7th day of February , 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 21st day of February , 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None ATTE Deputy City Clerk CITY OF BEAUMONT By Roger Berg, Mayor 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) BARKING DOGS NOTICE State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 27, 2012 Executed on: 01/27/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 7, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No.1012 An Ordinance of the City Council of the City of Beaumont, California amending Section 6.04.080 to the Beaumont Municipal Code Entitled 'Annoying or Barking Dogs Constitutes a Nuisance It is the purpose and intent of this Ordinance to amend Section 6.04.080 to the Beaumont Municipal Code which would create an enforceable provision for annoying or barking dogs to adhere to, as well as preserve the public health, safety and welfare. Date: January 24, 2012 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 63854 1/27, 2012 City of Beaumont 550 E. 6th Street Beaumont, LA 92223 (951) 769-8520 FAX (951) 769-8526 Email: cityhall@ci.beaumont.ca.us www.ci.beauuiont.ca.►is LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 7, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1012 An Ordinance of the City Council of the City of Beaumont, California amending Section 6.04.080 to the Beaumont Municipal Code Entitled "Annoying or Barking Dogs Constitutes a Nuisance" It is the purpose and intent of this Ordinance to amend Section 6.04.080 to the Beaumont Municipal Code which would create an enforceable provision for annoying or barking dogs to adhere to, as well as preserve the public health, safety and welfare. Date: January 24, 2012 Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on January 27, 2012 60,1 ct2,60 ail- is n: Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 66693 Notice - Barking Dogs State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 03/16, 2012 Executed on 03/16, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. LEGAL NOTICE --- NOTICE IS HEREBY GIVEN, that the Beaumont City Council will introduedtd the following ordinance and conducted a public hearing on Tuesday, February 7, 2012 at approximately 6:00 p.m. in room 5 at the Beau- mont Civic Center, 550 E. 6th Street, Beaumont, Cali- fornia 92223, to receive tes- timony and comments from all interested persons re- garding the adoption. The second reading and adop- tion took place at the regu- lar meeting of February 21, 2012. Ordinance. No. 1012 An Ordinance of the City Council of the City of Beau- mont, :California amending Section 6.04.080 to the Beaumont.Municipal Code Entitled "Annoying or Bark- intpDogs Constitutes a Nui- sance" It It the purpose and intent of this Ordinance to amend Section 6.04.080 to the Beaumont Municipal Code which would create an enforceable provision for annoying or barking dogs to adhere to, as well as pre- serve the public health,. safety and welfare. This or- dinance shall take effect thirty (30) day from the date of adoption. MOVED, PASSED, and ADOPTED this 21st` day of February, 2012 by the following vote: AYES: Mayor Berg, .Coun- cil Members Castaldo, De Forge, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: None Date: March 14, 2012 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 6064- 03/18, 2042 669 03/18.2012 `' ORDINANCE NO. 1013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 9.38 TO THE BEAUMONT MUNICIPAL CODE TO INCLUDE RESIDENCY REQUIREMENTS FOR SEX REGISTRANTS. WHEREAS, ON November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, "The Sexual Predator Punishment and Control Act: Jessica's Law," so as to better protect Californians, and the children of this State in particular, from sex offenders; and WHEREAS, among other items, Proposition 83 enacts new subsection (b) of Penal Code Section 3003.5 which make it unlawful for any registered sex offender to reside within 2000 feet of any public or private school, or any park where children regularly gather; and WHEREAS, in addition, proposition 83 specifies in new subsection (c) of Penal Code Section 3003.5 that municipal jurisdictions may enact local ordinances that further restrict the residency of such persons; and WHEREAS, the City Council of the City of Beaumont has determined that the factors set forth in Section 2 of Proposition 83, including the high recidivism rate of sex offenders and the frequency with which they prey on victims under the age of 18, make it incumbent upon the City of Beaumont to enact such additional restrictions as well as to control other behavior by sex offenders which increases the potential for their victimization of children; and WHEREAS, the residency restriction implemented by Proposition 83, together with the possibility for additional residency restrictions which may be implemented by cities near Beaumont, could cause an increase in the number of registered sex offenders who would establish residency in Beaumont in the absence of additional restrictions within the City; and WHEREAS, an ordinance establishing residency restrictions for registered sex offenders within the City of Beaumont is required for the immediate preservation of the public peace, health, or safety, NOW, THEREFORE, the City Council of the City of Beaumont does hereby ordain as follows: Section No. 1: Chapter 9.38 is hereby added to the Beaumont Municipal Code to read as set forth on Exhibit "A", which Exhibit is attached hereto and made a part hereof. 1 Section No. 2: Notwithstanding any provision of this ordinance to the contrary, any Sex Offender legally occupying any residence within the City of Beaumont prior to the effective date of this ordinance may continue to occupy such residence and shall not be deemed in violation of Beaumont Municipal Code Chapter 9.38 by reason of such occupancy. Should such Sex Offender move after the effective date of this ordinance, the provisions of Beaumont Municipal Code Chapter 9.38 shall apply. Section No. 3: The Beaumont Police Department is directed to send a copy of this ordinance to each Sex Offender who on the effective date of this ordinance is living within the City of Beaumont. MOVED AND PASSED upon first reading this 6th day of March , 2012, by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 20th day of March , 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Clerk CITY OF BEAUMONT By ROGER BERG, Mayor 2 EXHIBIT A CHAPTER 9.38 RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS Sections: 9.38.010 9.38.020 9.38.030 9.38.040 9.38.050 9.38.060 9.38.070 9.38.080 9.38.090 9.38.100 9.38.110 9.38.120 9.38.130 9.38.140 9.38.150 9.38.160 9.38.170 9.38.180 9.38.190 9.38.200 9.38.210 9.38.220 Definitions. Prohibited Residency in a Residential Exclusion Zone. Prohibited Visit to Parks. Prohibited Residency - Single Family Lots. Prohibited Residency - Duplex Lots. Prohibited Residency - Multi -Family Lots. Prohibited Residency - Hotel/ Motel/ Inn Rooms. Prohibited Residency - Hotel/Motel/Inn Permanent Resident. Prohibited Residency - Mobile Home. Responsible Party - Mobile Home Park Permanent Resident. Responsible Party Violation - Single Family Lots. Responsible Party Violation - Duplex Lots. Responsible Party Violation - Multi -Family Lots. Responsible Party Violation – Hotel/ Motel/Inn. Responsible Party Violation – Hotel/Motel/Inn Permanent Resident. Responsible Party Violation – Mobile Home. Responsible Party Violation – Mobile Home Park Permanent Resident. Offenses Constituting Nuisances. Prohibition Against Loitering. Nuisances; Recovery Of Abatement Expenses. Violation—Penalty. Application of Chapter to Sex Offenders: Effective Date. 9.38.010 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. "Child" or "Children" shall mean any person(s) under the age of 18 years of age. B. "Child Care Center" shall mean any City -owned or City -operated, or any State of California, Department of Social Services licensed facility, that provides non- medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis, including but not limited to a family day care home, infant center, preschool, extended -day care facility, or school-age child care center. Child care centers shall include those in, or within 2,000 linear feet of, the jurisdictional boundaries of the City of Beaumont. C. "Duplex Lot" shall mean a lot designed for permanent residency and containing two dwelling units whether attached or detached. D. "Hotel Lot" or "Motel Lot" shall mean a lot on which there is located a commercial land use for the rental of six or more guest rooms or suites for primarily temporary residency for a period of not more than 30 consecutive days. E. "Inn Lot" shall mean a lot on which there is located a commercial land use for the rental of five or fewer guest rooms or suites primarily for temporary residency for a period of not more than 30 consecutive days. F. "Mobile Home" shall be considered to be a dwelling and shall mean a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobile home includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile home, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of the Civil Code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. Mobile home does not include a trailer or other recreational vehicle located in a recreational vehicle park. G. "Mobile Home Park" shall mean a residential land use where two or more Mobile Home sites are rented, or held out for rent, to accommodate Mobile Homes designed for permanent residency, with such homes not affixed to a permanent foundation. H. "Multi -family Lot" shall mean a lot designed for permanent residency and containing three or more dwelling units whether attached or detached. This includes a lot containing apartment houses and condominiums, but does not include hotels, motels, or inns. I. "Owner's Authorized Agent" shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or the manager, lessee, agent, servant, office or employee authorized to act for the owner of a property. J. "Park" shall include those areas used as public parks where children regularly gather. Parks shall include those in, or within and inside of 2,000 linear feet of the jurisdictional boundaries of the City of Beaumont. K. "Playground" shall include those areas used within businesses where children regularly gather. Playgrounds shall include those in, or within and inside of 2,000 linear feet of the jurisdictional boundaries of the City of Beaumont. 2 L. "Permanent Resident" shall mean any person who, as of a given date, obtained the right to occupy a dwelling on a lot, including, but not limited to, a Single family lot, multi -family lot, duplex lot, mobile home park, hotel lot, motel lot, or inn lot for more than 30 consecutive days. M. "Property Owner" as applied to buildings and land shall mean the owner of record of any parcel of real property as designated on the county assessor's tax roll, or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, tenant, tenant in common, or joint tenant, of the whole or part of such a building or land. N. "Residential Exclusion Zone" shall include those areas located within 2,000 linear feet of the closest property line of a lot containing a child care center, school, playground or park. A lot shall be considered to be within a Residential Exclusion Zone if its property line closest to a child care center, school, playground or park falls within the 2,000 linear feet distance. In the case of a hotel lot, motel lot or inn lot, the Residential Exclusion Zone shall be calculated using the closest property line of the Hotel Lot, Motel Lot or Inn Lot, and not the room in which the Sex Offender resides. In the case of a mobile home park, the Residential Exclusion Zone shall be calculated using the closest property line of the rented space in which the mobile home is sited, and not the closest property line of the mobile home park. O. "Responsible Party" shall mean the property owner and/or owner's authorized agent. P. "School" means any public or private school with one or more grades K through 12, located in, or within 2,000 linear feet of, the jurisdictional boundaries of the City of Beaumont. Q. "Sex Offender" means any person for whom registration is required pursuant to California Penal Code Section 290, regardless of whether that person is on parole or probation, and shall include violent sexual predators as defined under the California Penal Code. R. "Single Family Lot" shall mean a lot designed for permanent residency and containing one dwelling unit. S. "Temporary Resident" means any person who, as of a given date, obtained the right to occupy a dwelling on a lot, including, but not limited to, a single family lot, multi -family lot, duplex lot, mobile home park, a hotel lot, motel lot or inn lot for 30 days or less. (Ord. 1013, March 20, 2012) 3 9.38.020 Prohibited Residency in a Residential Exclusion Zone. No Sex Offender shall be a permanent or temporary resident in a Residential Exclusion Zone. (Ord. 1013, March 20, 2012) 9.38.030 Prohibited Visit to Parks. No Sex Offender shall visit or use any park within the City. (Ord. 1013, March 20, 2012) 9.38.040 Prohibited Residency - Single Family Lots. No Sex Offender shall be a permanent or temporary resident in a single family lot already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.050 Prohibited Residency - Duplex Lots. No Sex Offender shall be a permanent or temporary resident in a duplex lot already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.060 Prohibited Residency - Multi -Family Lots. No Sex Offender shall be a permanent or temporary resident in a multi -family lot already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.070 Prohibited Residency - Hotel/ Motel/ Inn Rooms. No Sex Offender shall be a permanent or temporary resident in a guest room of a hotel, motel, or inn already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.080 Prohibited Residency - Hotel/Motel/Inn Permanent Resident No Sex Offender shall be a permanent resident in any guest room of a hotel, motel, or inn wherein a separate and distinct guest room is already occupied by a Sex Offender as a permanent resident. (Ord. 1013, March 20, 2012) 9.38.090 Prohibited Residency - Mobile Home. No Sex Offender shall be a temporary or permanent resident in any mobile home sited in and upon a rented space located within a mobile home park wherein the mobile home is already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.100 Responsible Party - Mobile Home Park Permanent Resident. No Sex Offender shall be a permanent resident in any mobile home cited in and upon a rented space located within a mobile home park wherein any other mobile home sited in and upon a rented space located within the same mobile home park is already occupied by a Sex Offender as a permanent resident, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 4 9.38.110 Responsible Party Violation - Single Family Lots. No Responsible Party shall knowingly rent a dwelling unit in a single family lot to, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.120 Responsible Party Violation - Duplex Lots. No Responsible Party shall knowingly rent a dwelling unit in a duplex lot to, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.130 Responsible Party Violation - Multi -Family Lots. No Responsible Party shall knowingly rent a dwelling unit in a multi -family lot to, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.140 Responsible Party Violation — Hotel/ Motel/Inn. No Responsible Party shall knowingly rent a guest room in a hotel, motel, or inn, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender, unless those persons are legally related by blood, marriage, or adoption. (Ord. 1013, March 20, 2012) 9.38.150 Responsible Party Violation — Hotel/Motel/Inn Permanent Resident. No Responsible Party shall knowingly rent more than one guest room in a hotel, motel, or inn to, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender as a permanent resident. (Ord. 1013, March 20, 2012) 9.38.160 Responsible Party Violation — Mobile Home. No Responsible Party shall knowingly rent a space for the location and placement of a mobile home, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.170 Responsible Party Violation — Mobile Home Park Permanent Resident. No Responsible Party shall knowingly rent more than one mobile home in a mobile home park to, or allow occupancy as a permanent or temporary resident by, more than one Sex Offender in the mobile home park as a permanent resident, unless those persons are legally related by blood, marriage or adoption. (Ord. 1013, March 20, 2012) 9.38.180 Offenses Constituting Nuisances. Any single family lot, duplex lot, multi -family lot, mobile home, mobile home park, hotel lot, motel lot or inn lot operated or maintained in a manner inconsistent with the occupancy requirements of this chapter, or the restrictions of penal code section 3003.5, is declared to be unlawful and is defined as and declared to be public nuisances per as injurious to the public health, safety, and welfare. (Ord. 1013, March 20, 2012) 5 9.38.190 Prohibition Against Loitering. It is unlawful for any Sex Offender to loiter within two thousand (2000) feet of any child care center, park, playground or school within the City. (Ord. 1013, March 20, 2012) 9.38.200 Nuisances; Recovery Of Abatement Expenses. In any action or proceeding to enforce the provisions of this chapter, the prevailing party will be entitled to recovery of all costs, attorney's fees and expenses, to the extent provided for in Chapter 8.32 of this Code. (Ord. 1013, March 20, 2012) 9.38.210 Violation—Penalty. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. (Ord. 1013, March 20, 2012) 9.38.220 Application of Chapter to Sex Offenders: Effective Date. Notwithstanding anything to the contrary contained herein, this chapter shall apply to all Sex Offenders who locate within the City of Beaumont after the effective date of the ordinance creating this chapter, and to all Responsible Parties who allow occupancy by a Sex Offender within the City of Beaumont after the effective date of the ordinance creating this Chapter. Nothing in this Chapter is intended to limit the obligations of a Sex Offender to comply with the requirements of state law including, but not limited to, California Penal Code Section 3003.5. (Ord. 1013, March 20, 2012) 6 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 6, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 9.38 TO THE BEAUMONT MUNICIPAL CODE TO INCLUDE RESIDENCY REQUIREMENTS FOR SEX REGISTRANTS. The intent of the ordinance is to implement residency restrictions and exclusionary zones for Registered Sex Offenders moving into our community in order to more effectively protect children, and strengthen the current sex offender laws and the prosecution of sex offenders. Date: February 14, 2012 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on February 24, 2012 AGENDA ITEM To: Mayor and City Council Members From: Frank Coe, Chief of Police By: George Walter, Police Sergeant Approval: ,4a Zyteuseats, eery * pre Agenda Date: March 6, 2012 Subject: Ordinance No. 1013 - Residency Restrictions for Registered Sex Offenders Summary: Staff is requesting that the City Council approve a Beaumont Municipal Code that will impose residency restrictions on convicted sex offenders moving into our community and exclusionary zones for all convicted sex offenders in certain areas within our community. Background: In November of 2006 Proposition 83, known as "Jessica's Law" took effect. Proposition 83 enacts a new subsection (b) of California Penal Code Section 3003.5, which makes it unlawful for any registered sex offender to reside within 2000 feet of any public or private school, or any park where children regularly gather, and in addition Proposition 83 specifies in subsection (c) of Penal Code Section 3003.5 that municipal jurisdictions may enact local ordinances that further restrict the residency of such persons. Currently, there are no laws prohibiting convicted sex offenders from residing with 2000 feet of any public or private school, or any park where children regularly gather unless the offender is on active probation or parole. Each municipal jurisdiction must enact a local ordinance detailing residency restrictions and exclusion zones within the community, per subsection (c) of Penal Code Section 3003.5. Fiscal Impact: The fiscal impact is funded in our current operating budget. Enforcement is done at the time a convicted sex offender registers with the Beaumont Police Department, and during compliance checks. Recommendation: Staff recommends that the City Council Hold a Public Hearing and Approve the first reading of proposed residency restrictions and exclusionary zones of the Registered Sex Offenders' Ordinance No. 1013, Chapter 9.38 of the Beaumont Municipal Code. Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1013-65109 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 24, 2012 Executed on: 02/24/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 6, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 9.38 TO THE BEAUMONT MUNICIPAL CODE TO INCLUDE RESIDENCY REQUIREMENTS FOR SEX REGISTRANTS. The intent of the ordinance is to implement residency restrictions and exclusionary zones for Registered Sex Offenders moving into our community in order to more effectively protect children, and strengthen the current sex offender laws and the prosecution of sex offenders.Date: February 14, 2012 -ss- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 65109 02/24,2012 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1013-67372 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 30, 2012 Executed on: 03/30/2012 At Banning , CA 1 ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, March 6, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Cmc Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of Ordinance No. 1013. This ordinance was adopted at the regular City Council Meeting of March 20, 2012. Ordinance No. 1013 An Ordinance of the City Council of the City of Beaumont Adding Chapter 9.38 to the Beaumont Municipal Code to Include Residency Requirements for Sex Registrants The intent of the ordinance is to implement residency restrictions and exclusionary zones for Registered Sex Offenders moving into our community in order to more effectively protect children, and strengthen the current sex offender laws and the prosecution of sex offenders. MOVED, PASSED, and ADOPTED this 20th day of March, 2012 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None Date: March 27, 2012 -ss- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 67372 03/30, 2012 ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 8.50 "OUTDOOR LIGHTING" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 8.50, entitled "Outdoor Lighting", is hereby amended to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 17th day of April, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 1st day of May, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox ATT Deputy City Cler Roger Berg, Mayor 1 Exihibit A Chapter 8.50 OUTDOOR LIGHTING Sections: 8.50.010 Purpose and Intent. 8.50.020 Definitions 8.50.030 Establishment of Lighting Zones. 8.50.030.1 The Residential Lighting Zone. 8.50.030.2 The Commercial/industrial Lighting Zone. 8.50.030.3 The Special Use Lighting Zone. 8.50.040 Prohibited Lighting. 8.50.050 Exempt Lighting. 8.50.060 Lighting in the Residential Lighting Zone. 8.50.060.1 Generally. 8.50.060.2 Maximum Wattage and Shielding. 8.50.060.3 Height Limit. 8.50.060.4 Total Lamp Power Limit. 8.50.060.5 Nonconforming Lighting. 8.50.070 Lighting in the Commercial/Industrial Zone. 8.50.070.1 Generally. 8.50.070.2 Maximum Wattage and Shielding. 8.50.070.3 Height Limit. 8.50.070.4 Total Lamp Power Limit. 8.50.070.5 Lighting Curfew 8.50.070.6 Nonconforming Lighting. 8.50.080 Special Use Zone. 8.50.080.1 Generally. 8.50.080.2 Conditional Use Permit Required. 8.50.080.3 Lighting Curfew. 8.50.085 Parks and Trails Lighting Specifications. 8.50.085.1 Generally. 8.50.085.2 Trails. 8.50.085.3 Parks. 8.50.090 Street Lighting Specifications. 8.50.090.1 Generally. 8.50.090.2 Lamps. 8.50.090.3 Luminaries. 8.50.090.4 Poles. 8.50.090.5 Pole Bases. 8.50.090.6 Wiring to Pole. 8.50.090.7 The Main Wiring. 8.50.090.8 The Circuitry and Voltage Drop. 8.50.090.9 The Meter Pedestal and Point of Contact. 8.50.090.10 Layout of Poles. 8.50.090.11 Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods. 8.50.090.12 Special Decorative Fixtures. 8.50.090.13 Placement at Intersections. 8.50.090.14 Location of Poles. 8.50.090.15 Substitutions. 8.50.090.16 Street Light Curfew. 8.50.090.17 The Street Types and Layout Requirements 8.50.090.18 Plans. 8.50.090.19 Inspection. 8.50.090.20 Monthly 0 & M Charges. 8.50.100 Administration and Enforcement. 8.50.100.1 Generally. 8.50.100.2 Lighting Plan. 8.50.100.3 Appeal. 8.50.100.4 Variance for Non -Conforming Lighting. 8.50.100.5 Violations and Penalties. 8.50.010 Purpose and Intent. It is the purpose and intent of this Chapter to establish regulation and standards which will reduce Tight pollution generated by residential, commercial and industrial lighting fixtures and devices, minimize light pollution which has a detrimental effect on the environment and the enjoyment of the night sky, reduce and minimize lighting and lighting practices which cause unnecessary illumination of adjacent properties, correct problems of glare and light trespass, and reduce energy use. 8.50.020 Definitions. As used in this Chapter, the following words and phrases shall have the meanings set forth below: "Glare" light that causes visual discomfort or disability, or loss of visual performance. "Light fixture" means a complete lighting unit consisting of a Tamp or lamps, the lamp holder, reflector, lens, diffuser, ballast and/or other components and accessories, together with parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Sometimes referred to as a "luminaire". "Light pollution" means any artificial light emitted into the atmosphere, either directly or indirectly by reflection that impacts astronomical research and the enjoyment of the night sky by reflection off of airborne dust, water vapor and other atmospheric particulates. "Light trespass:" means any artificial light or glare from a light fixture onto neighboring property that interferes with viewing of the night sky, or eliminates the ability to have darkness on the adjacent property, or shines into neighboring windows, properties or structures. Quantitative measurement of light trespass shall be made with a standard yardstick having a length of three (3) feet and a width of 1.5 inches. The yardstick shall be placed at the complainant's property line nearest the light source. The Planning Director or his or her designee shall then determine if a shadow is cast by the light source onto a plain white paper. The Tight source, yardstick and shadow must be in alignment. Measurements shall not be taken when there is a moon in the night sky. "Nuisance lighting" means and includes, but is not limited to, glare, sky glow, light pollution and light trespass. "Shielded" a Tight fixture having a housing or optics that prevents a direct view of the light source from normal viewing angles. Types of shielding include: i. "Fully shielded" a lighting fixture shielded or constructed so that light rays are only emitted at angles below a horizontal plane passing through the lowest point of the fixture from which it is emitted. Sometimes referred to as a "full -cutoff fixture; ii. "Shielded" a light fixture emitting Tess than two percent (2%) of its light above the horizontal plane; iii. "Partly shielded" a light fixture emitting less than ten percent (10%) of its light above the horizontal plane. Sometimes referred to as a "semi -cutoff fixture; iv. "Unshielded" a light fixture that emits ten percent (10%) or more of its light above the horizontal plane. "Sky glow" the brightening of the night sky attributable to man-made sources of light. "Temporary lighting" lighting installed with temporary wiring and operated for less than sixty (60) days in any calendar year. Temporary lighting includes "string lighting", which is any type of lighting and utilizes more than one lamp or bulb connected by a continuous wire and not exceeding 1.5 watts per bulb. Temporary lighting does not include flashing lamps or bulbs unless they are temporary holiday decorations. 8.50.030 Establishment of Lighting Zones. There is hereby established three Lighting Zones within the City of Beaumont for the purpose of regulating and establishing standards for the reasonable use of outdoor lighting, the area of which zones are defined on the basis of land use: 8.50.030.1 The Residential Lighting Zone: shall consist of all areas of the City zoned exclusively for residential uses; 8.50.030.2 The Commercial Industrial Lighting Zone: shall consist of all areas of the City zoned exclusively for commercial and industrial uses; 8.50.030.3 The Special Use Lighting Zone: shall consist of specific land uses which require accurate color rendition, as more specifically provided for in Section 8.50.080, below. 8.50.040 Prohibited Lighting. The following lighting systems are prohibited in all Lighting Zones, except by special event permit or Conditional Use Permit: aerial lasers, "search light" style lights, mercury vapor lights, flashing lights (unless they are temporary "holiday decorations" as provided for in Section 8.50.050.3 below), low-pressure sodium fixtures, lighting fixtures mounted in such a way as to illuminate a wall, building facade, roof or awning, or aimed only towards a property line, or which interferes with the safe operation of a motor vehicle as determined by the Police Chief or City Engineer, and billboard lighting that is pointed up. 8.50.050 Exempt Lighting. The following outdoor lighting fixtures are exempt from this Chapter: 8.50.050.1 Fossil fuel (e.g., gas) lamps; 8.50.050.2 Neon; 8.50.050.3 Temporary holiday decorations; 8.50.050.4 Flag lighting of 150 watts or Tess; 8.50.050.5 Emergency lighting; 8.50.050.6 Internally illuminated signs that have dark backgrounds (opaque or colored) and light lettering (white or colored lighter than the background) so as to minimize glare; 8.50.050.7 Motion detector lighting fixtures, provided (a) that there is no light trespass, (b) the fixtures are mounted within five (5) feet of an entrance or exit door or alcove of a structure, (c) installed no more than eight (8) feet above the ground, (d) illuminated with a maximum of two (2) light bulbs of no more than seventy-five (75) watts each, (e) maximum time the Tight is on after being triggered is ten (10) minutes, and (f) light cannot be trigger from more than 30 feet away; 8.50.050.8 Exposed string outdoor lighting, provided (a) that they consist exclusively of a white light with a clear bulb, and (b) the installation of such lights shall be limited to the lighting of living landscape features (shrubs and trees) in outside dining areas or within the parking areas of a commercial center or plaza. 8.50.060 Lighting in the Residential Lighting Zone. 8.50.060.1 Generally. All outdoor lighting fixtures shall be installed and operated in conformance with this Chapter, and the California Building Code. The following standards are applicable to all outdoor lighting within the Residential Lighting Zone. 8.50.060.2 Maximum lumens and Shielding. All outdoor lighting shall comply with the following Tamp lumen limits and shielding requirements: a. Fully shielded: 2,250 lumens (or equivalent) maximum; b. Shielded: 825 lumens (or equivalent) maximum; c. Partly shielded: none permitted; d. Unshielded: low voltage (twenty-four (24) volts or less) landscaping lighting only; e. Prohibition against adjustable light fixture mounts: outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that low voltage landscaping lighting may use flexible or adjustable mounting systems. 8.50.060.3 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of forty percent (40%) of the horizontal distance of the light pole from the property line, up to a maximum of sixteen (16) feet high, whichever is lower; except that lighting attached to single family residences shall not exceed the height of the roof eave. 8.50.060.4 Total Lamp Power Limit. This subsection applies to all outdoor lighting, whether attached to a building, poles or other structures. The maximum allowable lighting limit per lot in the Residential Lighting Zone shall be determined by multiplying the area (square footage) of the lot by 0.03, the allowable lamp wattage per square foot of lot area. 8.50.060.5 Nonconforming Lighting. All outdoor light fixtures existing and legally installed prior to the effective date of this Chapter shall be deemed non -conforming and are exempt from the requirements of this Chapter except that non -conforming lighting fixtures shall not be structurally altered, reconstructed or replaced so as to extend their useful life. In the event that any non- conforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shall be made to conform to the requirements of this Chapter. Additionally, should it be determined that a non -conforming Tight fixture results in light trespass, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense Tight source, removed or a combination thereof, to eliminate light trespass. Alternatively, a variance may be applied for. 8.50.070 Lighting in the Commercial/Industrial Zone. 8.50.070.1 Generally. All outdoor lighting fixtures shall be installed and operated in conformance with this Chapter, and the Uniform Building and Electrical Codes. The following standards are applicable to all outdoor lighting within the Commercial/Industrial Zone: 8.50.070.2 Maximum Wattage and Shielding. All outdoor lighting shall comply with the following lamp lumen limits and shielding requirements: a. Fully shielded: 6,750 lumens (or equivalent) maximum; b. Shielded: 1,500 lumens (or equivalent) maximum; c. Partly shielded: 825 lumens (or equivalent) maximum; d. Unshielded: low voltage (twenty-four (24) volts or less) landscape and ornamental lighting; e. Prohibition against adjustable light fixture mounts: outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that landscape and ornamental lighting may use flexible or adjustable mounting systems. 8.50.070.3 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of forty (40%) of the horizontal distance of the light pole from the property line, up to a maximum of twenty (20) feet high, whichever is lower; except that lighting attached to single story building shall not exceed the height of the roof eave. Poles shall be appropriately scaled for small buildings and lots. Fixtures shall be in scale with the proposed height. 8.50.070.4 Total Lamp Power Limit. This subsection applies to all outdoor lighting, whether attached to a building, poles or other structures. The maximum allowable lighting limit per parcel in the Commercial/Industrial Zone shall be determined by multiplying the area (square footage) of the parcel by 0.05, the allowable lamp wattage per square foot of parcel area. Project scale may require closer spacing and lower wattage. 8.50.070.5 Lighting Curfew. Outdoor lighting systems in the Commercial/Industrial Zone shall be turned off or reduced in lighting by at least fifty percent (50%) beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with controls for photocell on and timer off. Exceptions to the lighting curfew are as follows: a. When there is only one (I) conforming lighting fixture for the parcel; or b. When a law or regulation requires lighting for steps and stairs; or c. When, in the opinion of the Planning Director, reduced lighting levels at a given location will cause unacceptable increased risk and design levels must be maintained. 8.50.070.6 Nonconforming Lighting. All outdoor light fixtures existing and legally installed prior to the effective date of this Chapter shall be deemed non -conforming and are exempt from the requirements of this Chapter except that non -conforming lighting fixtures shall not be structurally altered, reconstructed or replaced so as to extend their useful life. In the event that any non -conforming lighting fixture is structurally altered, reconstructed or replaced, such fixture shall be made to conform to the requirements of this Chapter. Additionally, should it be determined that a non -conforming light fixture results in light trespass, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass. Alternatively, a variance may be applied for. 8.50.080 Special Use Zone. 8.50.080.1 Generally. The Special Use Zone shall consist of specific land uses where the use of the space or area requires colors to be rendered as accurately as possible. Such uses may include, but are not limited to: a. Automobile sales lots; b. Outdoor recreation facilities (e.g. tennis courts, driving ranges, ball fields); c. Outdoor advertising displays; d. Service stations; g. Industrial areas were higher pole heights are required to avoid interference with vehicle operations; 8.50.080.2 Conditional Use Permit Required. A Conditional Use Permit ("CUP") for outdoor lighting in a Special Use Zone shall be applied for and obtained from the Planning Director, upon written application therefore and the payment of an administrative fee. To obtain a CUP, applicants shall demonstrate that the proposed lighting installation: a. Is not within the Residential Lighting Zone; b. Utilizes fully -shielded, side shielded and internally -shielded light fixtures to the maximum extent practicable; c. Includes measures to mitigate light trespass and artificial sky glow. 8.50.080.3 Lighting Curfew. Outdoor lighting systems in the Commercial/Industrial Zone shall be turned off or reduced in lighting by at least fifty percent (50%) beginning at 10:00 p.m. or close of business, whichever is later, until dawn or the start of business, whichever is sooner. The reduction shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting level. Lighting shall be equipped with controls for photocell on and timer off. 8.50.085 Parks and Trails Lighting Specifications. 8.50.085.1 Generally. The following specifications shall apply to all public and private sidewalks, pedestrian trails, bicycle paths, and equestrian trails (collectively, "trails"), and public parks. 8.50.085.2 Trails. Overhead lighting shall be placed on poles not more than sixteen (16) feet in height, illuminating only the trail itself plus an additional area of not more than five (5) feet in width on either side of the trail, with a total Tamp power limit of 0.040 watts per square foot. 8.50.085.3 Parks. Overhead lighting in parks shall be placed on poles not more than sixteen (16) feet in height, with a total lamp power of 0.020 watts per square foot. 8.50.090 Street Lighting Specifications. 8.50.090.1 Generally. The following specifications apply to all street lighting in the City, on all public and private roadways. The City has adopted the Southern California Edison (SCE) rate standards; scheduled rates LS -3 and LS -2. The City will accept the option of re- lamping. This rate schedule is for collector roads, arterial roads and highways. LS -3 is a metered system with a special rate. It may be combined with the sprinkler controller meter pedestal, in most cases. The in -tract streetlights on residential roads will be LS -2, fed from the nearest Point of Contact with SCE. The developer of each tract map or parcel map will pay the City to install the street lighting system. The street lighting system will be wholly-owned and installed by the City. The LS -3 systems shall consist of a two-inch conduit from the SCE source to a meter pedestal to the lights per approved layouts. All work performed shall be by a Licensed Electrical Contractor. All inspections shall be by the City of Beaumont. 8.50.090.2 Lamps. All street lighting lamps will be deluxe high-pressure sodium, clear, and have a mogul base. The watts and lumens are as follows: 70 -watt is 6,400 lumens, 100 -watt is 9,500 lumens, 150 -watt is 16,000 lumens, 200 -watt is 22,000 lumens, 250 - watt is 30,000 lumens, and 400 -watt is 51,000 lumens. All lamps are to have a rated life of 24,000 plus hours. All lamps are to be universal burning position. 8.50.090.3 Luminaries. The specified and test brand is General Electric, style M -250R2 for 70- to 200 -watt, and style M-400 for 250- to 400 -watt fixtures. The photometric layout is type MC3, full cutoff with 0 degrees of light above 90 degrees. The specific photometric layout for 70 -watt fixture is #7292. The specific photometric layouts for the 100- and I50 -watt are #9168. The specific photometric layouts for the 200- and 250 -watt fixtures #1045, #1006 and #7305. All light fixtures to have flat glass lenses. All fixtures to have a quad tap ballast and a twist lock photocell socket. All fixtures will get a twist lock photocell oriented to the north, or if necessary away from any other Tight sources. Layouts are based on a .81 Tight Toss factor. All fixtures are to be wired 240 -volt. 8.50.090.4 Poles. All poles will be octagonal concrete tapered poles with a natural rock finish. The color for all perimeter streets will be "black and white (gray)". On interior streets the builder can select the street light color or use the basic City color of "black and white (gray)". Each pole will have an access door in the base to facilitate wiring. The Type A is a 70 -watt and will be installed on a twenty -three-foot pole, with a six-foot arm upswept three (3) feet for a luminaire mounting height of twenty-six (26) feet. The Type D is a 100 -watt and will be mounted on a twenty -five-foot pole with a twelve -arm upswept five (5) feet for a luminaire mounting height of thirty (30) feet. The Type C -I and Type C-2 will have either one (I) or two (2) luminaries with 150-, 200-, 250-, and 400 -watt fixtures and will be mounted on a thirty -one -foot pole with a twelve -arm upswept five (5) feet for a luminaire mounting height of thirty-six (36) feet. All arms are to be hot dipped galvanized steel or aluminum with a rain cap. Colored arms may be baked powder coating. Arms will have a two-inch mounting pipe for the luminaire. Poles must have a minimum eighty (80) miles per hour wind factor and sustain a 1.3 gust factor. The approved manufacturer is Ameron, Inc. The twenty -three-foot pole number is Ameron #ICI -23. The twenty- five -foot pole number is Ameron #ICI -25. The thirty -one -foot pole number is Ameron #ICI -31. All poles will be identified on the pole label with the letters "BMT" to signify they are part of the City of Beaumont street lighting system. Type B pole is a specially approved custom pole and has a specific luminaire. 8.50.090.5 Pole Bases. All poles will have a thirty -inch round or square in -ground base with a depth of forty-eight (48) inches from top of curb, and a minimum forty-two (42) inches of concrete base depth. There will be four (4) one -inch anchor bolts thirty-six (36) inches long with a four -inch turn. Washers will be installed above and below the one -inch pole - mounting flange. Anchor bolts, washers and nuts will all be hot dipped galvanized steel per pole manufacturer specifications. All pole bases will be "capped" with a removable 18" wide by 24" deep by 31h -inch thick concrete cap, either poured separate from the sidewalk or deep scored for easy removal. All poles are to be placed behind the curb with a center of pole measurement of eighteen (18) inches from the face of curb to the center of pole. In projects with a "rolled" curb or a "wedge" curb streetlights may be placed behind the sidewalk if necessary. Concrete for pole bases shall be a public works design mix with test strength of 3250 PSI. 8.50.090.6 Wiring to Pole. Wiring to pole will be two (2) #12 THWN stranded (one (I) red and one (I) black) ran down through pole, in one -inch schedule 40 PVC underground to an eleven (II) inches wide by seventeen (17) inches long by twelve -inch deep concrete hand hole with concrete cover marked "street lights" behind the sidewalk or next to the pole, in the sidewalk. All pull boxes shall have locks for the covers. Install a #6 copper wire through the one -inch PVC and ground below the top washer on one of the pole flanges with one -inch threaded nuts. In the same box provide 2 Fusetron GEB-Il-Il fuse holders with five (5) amp 250 -volt midget fuses on the power conductors (black and red). All fuse holders shall be taped with a fifty percent (50%) overlay, and a minimum of three (3) layers. Two (2) coatings of "scotch coat" shall be applied to all taped connections, for waterproofing. At the luminaire leave twelve (12) inches of slack wire as a service loop. All wire shall be copper. 8.50.090.7 The Main Wiring. System shall be one -inch schedule 40 PVC run behind the curb, or shall be trenched with a minimum depth of eighteen (18) inches, in the parkway and twenty-four (24) inches under any street, or be four (4) inches below four (4) inches of concrete. At all times there must be a one -inch separation between the installed conduit and the concrete above it. On regular curb installations, with cut out or depressed driveway approaches, conduits run behind the curb must not be installed in the approach pour. Concrete pull boxes sized eleven (II) inches by seventeen (17) inches by twelve (12) inches will be placed behind the sidewalk at each pole and placed in long runs at a distance of three hundred (300) feet. The same pull boxes will be used for street crossings and branch wiring terminations. A pull box must be installed on at least one side of each street crossing, and all street crossing shall be run at a ninety -degree angle with the main flow of the street. All Main wiring between the street lights, and the meter will be one (I) #8 THWN Black, one (I) #8 THWN Red, and one (1) #8 THWN Green. Midblock lights are fed by one (1) #8 THWN Blue, and one (I) #8 THWN Yellow, in the same conduit. All terminations and splices will have epoxy seal packs installed on each connection in the pull boxes. All terminations will be made up with 3M brand Blue wire nuts. Ground wires do not require epoxy seal packs. All wire shall be copper. When wire nuts are used in the luminaire installation they must be securely taped. All wiring shall be #8 to three (3) or more poles. When wiring under the LS -2 system with two (2) poles or less the wire shall be #12 to the hand holes and to the Point of Contact. Use approved fuse holders at Point of Contact with SCE. 8.50.090.8 The Circuitry and Voltage Drop. On the wire, shall not exceed five percent (5%) to the last light on the run or in any circumstance. The #8 THWN wire will have a breaker rated at fifty (50) amps and be a two -pole rated breaker. If a large number of lights are fed off one (1) pedestal and it is necessary to run two (2) radial circuits, install a second fifty - amp two -pole breaker to feed the second set of lights. The main switching of all lights will be the photocell at each light. Wire must be oversized to allow for voltage drop, use #6 THWN or #4 THWN when necessary. Circuit designs are about three thousand (3,000) plus feet for #8 THWN wire, and may extend to over four thousand (4,000) feet depending on connected load. 8.50.090.9 The Meter Pedestal and Point of Contact. The meter pedestal will be an enclosed "traffic signal" type. It will be rated 120/240 - one (1) phase three -wire, and have four (4) jaws. The minimum amperage will be one hundred (100). The maximum AIC rating is 10,000 AIC. If the number of lights on one (I) circuit exceeds the capacity of the breaker, add a second one. If the number of lights exceeds a load of 100 amps, use a 200 -amp meter with the same specifications. The meter pedestal will be fed from the nearest SCE pull box with three-inch schedule 40 PVC, verify location with the area SCE planner. If there is a landscape sprinkler clock, which controls solenoids only, no booster pumps, it may be added to the street Tight meter pedestal. This saves the need for two (2) different meters. All meter pedestals require three (3) one -inch PVC ninety -degree stub outs for future wiring of lighting or sprinkler timing clocks. The meter pedestal is only required with LS -3 street lights. Under LS -2 the Point of Contact is the nearest available SCE power, a hand hole, transformer pad or other junction point. When required the SCE meter coordination, SCE Service application, SCE fees, City of Beaumont electrical permit and the City of Beaumont service account setup is the responsibility of the Contractor. The Point of Contact for the LS -2 street lights shall be interconnected with SCE with two-inch schedule 40 PVC, with twenty -four -inch radius sweeps, thirty (30) inches of cover, and a 3h6 -inch pull rope. Fuses shall be installed in the Point of Contact pull box, SCE will provide #2 wire to the first hand hole. A 5/8 -inch copper -clad ground rod will be installed in the Point of Contact hand hole and the #8 ground wire will clamped to the rod with a "football or acorn style" ground clamp. 8.50.090.10 Layout of Poles. Will be based on the following street width design: A. 36, 40 and 44 foot streets. These are Local/Collector Streets, will be 70 watt or 100 watt luminaire, the standard is 100 watt. 70 watt will be used on interior streets of tracts at intersections, knuckles and cul-de-sacs. 1. For RESIDENTIAL streets the only lights to be installed are at intersections, knuckles,cul-de-sacs, or bends where other street lights are not visible. The lights will not be metered they will be served under the LS -2 standard of SCE. They will be served from the nearest Point of Contact, a hand hole, transformer pad or other approved junction point. A 70 - watt fixture is to be installed on a Type A twenty -three-foot pole with a mounting height of twenty-six feet. The arm is to be six (6) feet long. No mid -block lights on these size streets will be installed, except as described in Item # 10 below, around parks, schools and public meeting places. When installed the minimum average foot-candles on the lanes of travel will not be less than .37 foot-candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .06. The maximum spacing for the 100 -watt is two hundred forty (240) feet with a stagger or straight spacing, and uses the Type D pole. The maximum spacing for the 70 -watt fixture is one hundred ninety (190) feet with a stagger or straight spacing. See diagrams 9.A.IA and 9.A.IB for photometric layouts. Refer to pole standard I, Type A, and pole standard 2, Type D. 2. For COMMERCIAL streets only 200 -watt fixtures and poles can be used. The minimum average foot-candles on the lanes of travel will not be less than .84 foot-candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .16. The maximum spacing will be two hundred twenty (220) feet with stagger or straight spacing. See diagram 9.A.2 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. B. 56 and 64 foot streets. These are Divided Collector or Secondary Highways, will be 200- and 250 -watt luminaire. 1. For RESIDENTIAL streets the minimum average foot-candles on the lanes of travel will not be less than .66 foot-candles. The average divided by the minimum will be in a ratio of 4:1. The minimum foot-candles will be .16. The maximum spacing will be two hundred forty (240) feet with a straight or stagger spacing. Use a 200 -watt luminaire. See diagram 9.6.1 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.12 foot-candles. The average divided by the minimum will be in a ratio of 4: 1. The minimum foot-candles will be .28. The maximum spacing will be two hundred (200) feet with a stagger or straight spacing. Use a 250 -watt luminaire. See diagram 9.B.2 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. C. 76 foot and wider streets. These are Major or Arterial Highway or urban alternate streets, will be 250- and 400 -watt luminaire. 1. For RESIDENTIAL streets the minimum average foot-candles on the lanes of travel will not be less than .84 foot-candles. The average divided by the minimum will be at a ratio of 3: I. The minimum foot-candles will be .28. The maximum spacing will be two hundred (200) feet with a stagger or straight spacing. Use a 200 -watt luminaire. See diagram 9.C.1 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot-candles. The average divided by the minimum will be at a ratio of 3: 1. The minimum foot-candles will be 040. The maximum spacing will be one hundred eighty (180) feet with a stagger or straight spacing. Use a 250 -watt luminaire. See diagram 9.C.2 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 3. If the street has a raised median, the preferred placement of the luminaries is doubled up on the poles mounted in the median. This is the most economical and best layout. This would be when a developer is responsible for the whole street width improvement. 4. If the street has a painted median, the placement of the luminaries is on the sides of the streets, not in the painted median. This is when the developer is responsible for one-half (1/2) the street improvement and the other half is a different developer's responsibility. 8.50.090.11 Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods. Will include but are not limited to intersections, marked crosswalks, cul-de- sacs, knuckles, areas around parks, schools and public meeting places. The layout will be twenty -six-foot poles with 70 -watt luminaries spaced at one hundred ninety (190) feet, straight or stagger spacing, with all mid -block lights installed. The minimum average foot-candles are .37 foot-candles on all lanes of traffic. The average divided by the minimum will be at a ratio of 6: I. The minimum foot-candles shall not be less than .06 foot-candles. 8.50.090.12 Special Decorative Fixtures. Will follow the same foot-candle requirements and must be separately calculated for the proper spacing. Due to our dark sky policy, the City of Beaumont Public Works Director or his or her designee must approve all substitutions to prevent any lighting above ninety (90) degrees. All decorative shall be called Type B. 8.50.090.13 Placement at Intersections. The poles are to be installed at the back of curb radius, not ever in a radii of the corner. All poles shall be five (5) feet from a driveway approach, fire hydrant, traffic light, crossing signals, or any street signage or safety marker. 8.50.090.14 Location of Poles. Poles are to be placed at or as near as possible to property lines on all residential streets. 8.50.090.15 Substitutions. All specifications are subject to "or equal" substitutions, and must be approved in advance by the City of Beaumont Public Works Director or his or her designee. 8.50.090.16 Street Light Curfew. All mid -block lights on fifty-six-, sixty-four- and seventy -six-foot roads will be turned off by a electronic time clock at the meter pedestal. The time clock will be rated 30 amps and have a 30- amp two -pole breaker installed to feed the time clock. The specified clock model is # ETI04C lntermatic or equal. All lights will still have a photocell and the time clock will control the operation of the photocell. Two (2) extra #8 wires will be pulled in these conduits (1-#8 THWN Blue, and 1-#8 THWN Yellow). No deviation from the color code will EVER be allowed. 8.50.090.17 The Street Types and Layout Requirements are as follows: MINIMUM AVERAGE HORIZONTAL FOOT CANDLES Types of Street Width of Street Commercial Residential Major or Arterial Highway or Urban Alternate 76 Feet and Wider 1.3 fc (3: I) Ratio 0.84 fc (3: I) Ratio Divided Collector Street or Secondary Highway 56 and 64 Feet 1.2 fc (4: I) Ratio 0.66 fc (4: I) Ratio Local and Collector Streets 36, 40 and 44 Feet 0.84 fc (6: I) Ratio 0.37 fc (6: I) Ratio Note 1: Ratio is overall average foot-candles divided by the minimum foot-candles. Note 2: Special layout on the Local and Collector Streets for residential applications. See #9 A.I and # 10 above for more information. 8.50.090.18 Plans. All standards are subject to substitution of brand name for an approved equal. These specifications are a guideline. Street improvement plans must be submitted to the City of Beaumont Public Works Department. The conduit routing, meter pedestals, pole height, and luminaire wattage will be clearly marked on one set. The City will prepare an estimate for the entire street lighting system and include a plan check and inspection fee to the developer. The developer will then provide the preliminary SCE plans to the Public Works Department, which will be compared and marked for SCE as to the location of LS -2 street lights. The final set of mylar street light plans will be prepared by the City and signed by the City Engineer. One (I) set of regular paper plans will be returned to the developer and the mylar set kept by the City as a record copy. Approximately six (6) weeks or longer before the streetlights are needed all fees from the City's estimate shall be paid, in full to the City. The streetlights will not be ordered or any work scheduled until all fees are received. At the completion of the project or phase a Reconciliation of Fees will be prepared and any unused monies will be returned to the developer, likewise any additional charges will be assessed, if necessary. The developer is responsible to pay the fees timely. No release of bonds will occur until all fees are paid. 8.50.090.19 Inspection. The developer shall provide the Cityinspector with an onsite signed set of plans for inspection purposes. All sites shall have "Dig Alert" called forty-eight (48) hours prior to excavation and encroachment permits from the City when necessary. 8.50.090.20 Monthly 0 & M Charges. On all private street systems the City will charge the owner or Home Owners Association for the street lighting usage based on the SCE LS -I rates. These charges will be monthly and will include an energy charge, a service charge and a maintenance charge. 8.50.100 Administration and Enforcement. 8.50.100.1 Generally. The Planning Director or his or her designee shall administer and enforce the provisions of this Chapter. Any person who wishes to appeal any order, decision or determination made by the Planning Director or his or her designee shall do so in accordance with this Chapter. From time -to -time the Planning Director or his or her designee may recommend, and the City Council may adopt by resolution, as deemed necessary, appropriate fees, rules and regulations to implement the provisions of this Chapter. Such rules and regulations shall have the force of law and failure to comply shall be considered a violation of this Chapter. Such rules and regulations shall be implemented with the intent of minimizing light pollution, glare and trespass, and reducing energy use. 8.50.100.2 Lighting Plan. Outdoor lighting plans shall be submitted, accompanied by application, review and inspection fees, to the Planning Director or his or her designee for all commercial, industrial, institutional and residential development for review. The Planning Director or his or her designee shall determine whether the plans comply with the applicable provisions of this Chapter, and shall be approved if in compliance, except that applications for outdoor lighting in the Special Use Zone may be subject to review and approval of a Conditional Use Permit by the Planning Commission. 8.50.100.3 Appeal. An applicant may appeal the determination of the Planning Director or his or her designee within fifteen (15) days to the Planning Commission.. The applicant may appeal the Planning Commission's decision to deny or conditionally -approve a CUP within fifteen (15) days thereafter to the City Council, and the City Council's determination shall be final and conclusive for all proposes. 8.50.100.4 Variance for Non-Conforminq Lighting. In the event the Planning Director or his or her designee determines that a non -conforming lighting fixtures results in light trespass, the responsible party shall shield, filter, redirect or replace the Tight with a less intense light source, or remove the light to eliminate the light trespass. Corrective action shall be taken within ten (10) days after the determination. The Planning Director or his or her designee may grant additional time (not to exceed ninety (90) days) to remedy the light trespass for hardship ("hardship" shall mean that there is a degree of difficulty in accessibility to the fixture, financial difficulty or cost of correcting the Tight trespass). A variance may be granted only if the following findings supported by substantial evidence can be made: a. There are special circumstances or conditions applying to the land, building or outdoor light fixture(s) for which the variance is sought, which circumstances or conditions are peculiar to such land, building or outdoor light fixtures and do not generally apply to the land, buildings or outdoor Tight fixtures in the neighborhood; and b. The granting of a variance will generally be in harmony with the intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The Planning Director shall make a determination of the variance request and notify the applicant in writing of his/her decision. The Planning Director's determination may be appealed by any person to the Planning Commission within fifteen (15) days of the decision. Alternatively, the Planning Director may forward the request to the Planning Commission because of the degree of light trespass, the cost of correction or other similar issues. 8.50.100.5 Violations and Penalties. It shall be unlawful for any person to install, erect, construct, operate, enlarge, alter, replace, move, improve or convert any outdoor lighting fixtures or structure, or cause the same to be done, contrary to or in violation of any provision of this Chapter. a. Any person who violates the provisions of this Chapter shall first receive a correction notice for the first violation in any given calendar year. The notice shall specify the nature of the offense, the date of occurrence and the required correction. b. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCOUTDOOR LIGHTING -67853 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 6, 2012 Executed on: 04/06/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, April 17, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California amending Section 8.50 of the Beaumont Municipal Code Entitled "Outdoor Lighting". The purpose of this amendment is to amend Section 8.50 "Outdoor Lighting" which indicates the requirements applicable to all Outdoor Lighting. Date: April 3, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 67853 04/06. 2012 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 69503 Notice - Ordinance No. 1014 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/04, 2012 Executed on 05/04, 2012 At Banning, CA 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council -conducted a public hearing on Tuesday, April 17, 2012 at approxi- mately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 993, to receive testi- mony and comments from all interested . persons re- garding the adoption of the following matter(s): Ordi- nance No. 1-014 An Ordi- nance of the City Council of the City of Beaumont, Cali- fomia amending Section 8.50 of the Beaumont Mu- nicipal Code Entitled "Out- door Lighting". The purpose of this amendment is to amend Section 8.50 "Out- door Lighting" which indi- cates the requirements ap- plicable to _ MI Outdoor Lighting. Ordinance No. 1014 was adopted at its second reading on May 1, 2012 by tt)e following vote: AYES: Mayor Berg, Domi- cil Member De Forge, Castaido and GaH' NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: May 2-2012 Rebecca Director of Publish. Gazette ; No. 69503 05X)4, 2012 ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ESTABLISHING THE AMOUNT OF COMPENSATION RECEIVED BY MEMBERS OF THE CITY COUNCIL WHEREAS, Section 2.08.100 of the Beaumont Municipal Code authorizes the City Council to increase the salary of its members by 5%; and WHEREAS, the City Council's salary is presently $400.00 per month. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT ORDAINS AS FOLLOWS: Section 1: Each City Council member shall receive a salary of $420.00 per month commencing November 9, 2012. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 20th day of March ., 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 3rd day of April , 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By ROGER BERG, Mayor 1 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1015-65936 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 9, 2012 Executed on: 03/09/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 20, 2012, at approximately 6:00 p.m. in room 5 at the Beaumont CMc Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ESTABLISHING THE AMOUNT OF COMPENSATION RECEIVED BY MEMBERS OF THE CITY COUNCIL Date: February 28, 2012 Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 65936 03/09, 2012 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 20, 2012, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ESTABLISHING THE AMOUNT OF COMPENSATION RECEIVED BY MEMBERS OF THE CITY COUNCIL Date: February 28, 2012 Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on March 9, 2012 ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 17.03.95 "COMMERCIAL, LIGHT MANUFACTURING ZONE (C -M)," AMENDING CHAPTER 17.03.020 "ESTABLISHMENT OF ZONE DISTRICT," AMENDING CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONE DISTRICTS," AND AMENDING THE OFFICIAL ZONING MAP WITHIN TITLE 17 "ZONING" OF THE BEAUMONT MUNICIPAL CODE (12-RZ-01) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.020, entitled "Establishment of Zones", is hereby amended in the Beaumont Municipal Code to read as: 17.03.020 Establishment of Zone Districts. For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the corporate boundaries of the City of Beaumont: Recreation/Conservation Zone (R -C Zone) Residential, Rural Zone (R -R Zone) Residential, Single Family Zone (R -SF Zone) Residential, Multiple -family Zone (R -MF) Commercial, General Zone (C -G Zone) Commercial, General Zone (C -M Zone) Community Commercial Zone (C -C Zone) Manufacturing Zone (M Zone) Public Facilities Zone (P -F Zone) Overlay Zones (0 Zone) Specific Plan (SP Zone) Section 2: Chapter 17.03.95, entitled "Commercial, Light Manufacturing Zone (C -M Zone)", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 3: Chapter 17.03.120, entitled "Permitted Uses for Base Zone Districts", is hereby added to the Beaumont Municipal Code to read as more specifically provided for in Exhibit "B", which Exhibit is attached hereto and made a part hereof. 1 Section 4: The revised Zoning Map, attached hereto as Exhibit "C", is hereby adopted as the Official Zoning Map of the City of Beaumont. Section 5: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this ist day of May following roll call vote: AYES: Mayor Berg, Council Members Castaldo, and De Forge NOES: Council Member Gall ABSTAIN: None ABSENT: Council Member Fox , 2012, by the MOVED, PASSED AND ADOPTED this 15th day of May , 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, and De Forge NOES: Council Member Gall ABSTAIN: None ABSENT: Council Member Fox ATT: /,....... Deputy City Cler 11 Roger Berg, Mayor 2 Exhibit A 17.03.095 Commercial, Light Manufacturing Zone (C -M Zone).The Commercial, Light Manufacturing Zone (C -M Zone) is intended to permit development that provides for a range of commercial service, retail and Tight manufacturing land uses. This Zone is also intended to serve as one of the base zones for the Overlay Zone Districts that are also provided for in the City's General Plan and this title. A. Commercial, Light Manufacturing Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Commercial, Light Manufacturing Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a Conditional Use Permit. C. Commercial, Light Manufacturing Zone, Development Standards. The following standards shall apply to the Commercial, Light Manufacturing Zone (CG Zone): 1 Lot Area and Dimension. Lots sizes for the Commercial, Light Manufacturing Zone (C -M Zone) shall not be less than ten -thousand (10,000) square feet with an average lot depth of one -hundred (100) feet and a minimum average lot width of one -hundred (100) feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Commercial, Light Manufacturing Zone (C -M Zone) a. Front Yard Setbacks. The minimum front yard setback is twenty-five (25) feet. A minimum of fifty (50) feet should be provided if the parking is provided in the front of the business. b. Rear Yard Setbacks. No setback is required when the parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum rear yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. c. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is twenty (20) feet plus an additional two (2) feet for every foot where a building exceeds thirty-five (35) feet in height. 3. Lot Area Requirements. The area occupied by all structures shall not exceed fifty (50) percent of the lot area and the maximum permitted floor area ratio is 1.0. 4. Bui/ding Height. In the Commercial, Light Manufacturing Zone (C -M Zone), the maximum height of any building shall not exceed fifty (50) feet. D. Commercial, Light Manufacturing Zone, Off street Parking. Automobile storage space shall be provided as indicated herein in Section 17.05. E. Commercial, Light Manufacturing Zone, Landscaping. The provisions of Chapter 17.06 shall apply. F. Commercial, Light Manufacturing Zone, Signs. The provisions of Chapter 17.07 shall apply. Exhibit B 17.03.120 Permitted Uses for Base Zone Districts. The permitted uses for the Base Zone Districts (identified herein in Section 17.03.40 through 17.03.110) are listed in Table 17.03-3. Administrative/Professional Offices Advertising Agencies N N N P N N N N N N P P P P P C P P Architectural/Engineering/Design Services N P N N N P 1 P C P Attorney/Legal Services N P N N N P P C P Business Management Services N P N N N P P C P Government Offices P P P P P P P P P Travel Agencies N P N N N P P C P Agricultural Uses Animal Keeping (Commercial Use) N N P C N C C C C Animal Keeping (Accessory Use) N A A A A C C C C Animal Rescue Facilities N N P C N N N C C Apiaries N N P C N N N N N Aviaries N N P N N N N C N Catteries N N P C N C C C C Commercial Growing Establishments N N P N N N N C C Dairies N N P N N N N N N Kennels (all Classes) N N P C N C C C C Produce Stands N N P N N N N N N Stables N N P N N N N N N N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Per at + i i� SQ$ IF I" s O► �! > 6 # � � ,� "Tv� .fes ry'//i� zq `'"?�.sl�L�,r� y q .. y�''' `4 �`' a7 IV ® 7 C ",. Ac"', NN N N C CC C Bars or Cocktail Lounges Liquor Stores N NN F N N C CNC Restaurants with Alcoholic Beverage Sales C NN N:r. N C CCC c Automobile, Motorcycle, and Marine Craft Sales (New and Used) NNN N N P PCP Automobile Parking Facilities NNN N N P PPP Automobile Rental Agencies NNN N N P PPP Automobile Repair Facilities NNN N N P PPP Automobile Towing and/or Wrecking Facilities NNN N N N NCN Body and Paint Shops NNN N N C CC C Car Wash NNN N N C CC C Gas/Service Stations CNN N N C CC C Limousine Services NNN N N P PPP Towing Services With Indoor Vehicle Service NNN N N C CC C Towing Services With Outdoor Vehicle Storage NNN N N N NC N Truck/Trailer Rentals N N N N N C C P C or imufications facilities.. Cellular Communication Facilities CNN N N C CC C Cellular - Stealth CNN N N C CC C - Non -Stealth NNN N N C CC C _Cellular Radio and Television Broadcasting Studios NNN N N N PPP Recording and Sound Studios NNN N N N PPP N = Not Permitted P = Permitted C = Conditionally Permitte A = Permitted as an Accessory Use N = Not Permitted P = Permitted C = Conditionally Permitte A = Permitted as an Accessory Use N N N N N P P P P Satellite Dishes (Non-Private) Satellite Dishes (Private Use) NNP P P N NCC Ham Radio Antennae (Private Use) NN P P P P PPP ni,a€ �' .. �.. i' � �, s... �'. .. Si",.a`�� 1rn o , S a t-. � i .Y+^,'r� ., `'g"t ,b-•*?.. J_ 4t'� ���.�y. ��. E�<. . 2 , t.,. � .:�... � a fi .,!i?'' •_, ...- -� . ,� Commercial Da Care Facilities NNN N N P PCC =-.1� sem,+ _,„. . .> « Elementary, Junior, and High Schools/Public NPP P P N NNN Elementary, Junior, and High Schools/Private _ NPP P P N NNN Vocational and Trade Schools NPP P P C CNN fold veragees Bakeries NNN N N P PPP Catering Establishments NNN N N P PPP Convenience Markets NNN N N P PPP Grocery Stores/Supermarkets NNN N N P PNC Grocery Store, Alcohol Sales NNN N N C CNC General Merchandise and Trade Antique Sales NNN N N P PAP Appliance Sales NNN N N P PCP Art Galleries and Supplies NNN N N P PNP Beauty Supplies NNN N N P PNP Books and Magazines NNN N N P PNP Building Materials NN N N N C PPP Building Materials with outdoor sales/storage NNN N N C CPC Camera and Photographic Supplies NN N N N P PNP Candy Stores NNN N N P PNP N = Not Permitted P = Permitted C = Conditionally Permitte A = Permitted as an Accessory Use "P.a 1 , x .. Cigar/Cigarette Shops N N N N N C C N C Clothing Stores NNN N N P PNP Department Stores NNN N N P PNP Discount Stores NNN N N P PNP Electronic Equipment Sales NNN N N P PCP Equipment Sales and Rentals NNN N N C CPC Florists NNN N N P PNP Freight Forwarding Services NNN N N P PPP Furniture and Home Furnishings NNN N N P PNP Garden Supply NNN N N P PNP Gifts, Crafts, and Novelties NNN N N P PNP Guns and Ammunition NNN N N P PCP Hardware Stores NNN N N P PNP Hobby, Toy and Game Stores NNN N N P PNP Indoor Swap Meets NNN N N N CCC Jewelry Sales and Repair NNN N N P PNP Leather Goods NNN N N P PNP Luggage Sales NNN N N P PNP Office Equipment, Furniture, and Supplies NNN N N P PCP Pet Sales and Supplies NNN N N P PCP Records, Tapes, and Videos NNN N N P PNP Retail, Other Specialty NNN N N P PNP Sporting Goods and Equipment NNN N N P PNP Surplus Stores NNN N N P PCP Thrift and Second-Hand Stores NNN N N C CNC Variety Stores NNN N N P PN P N = Not Permitted P = Permitted C = Conditionally A = Permitted as an Accessory Use Permitted errnitted Lend se has` �� a � � d) Wholesale Establishments NNN N N P PCC Bed and Breakfast Facilities CNN N N P PNC Emergency Shelters NNN N N P CC C Hotels and Motels CNN N N P PCC Residence Inns CNN N N P PNC Single-Room Occupant (SRO) Facilities NNN N N C CNC Trailer Parks and Campsites NNN N C N NNN Transitional Housing NNN N C C CNC Manufacturing and industrial :. Apparel/Textile Products NNN N N N NPC Assembly Plants NNN N N N NPC Bottling Plants NNN N N N NPC Bulk Postal Service Facilities NNN N N N NPC Chemicals NNN N N N NPC Contract Construction Services NNN N N N NPC Data Services NNN N N N NPC Exterminating Services NNN N N C CPC Feed and Fuel Yards NNN N N N NPN Food and Kindred Products NNN N N N NPC Furniture NNN N N N NPC Lumber/Wood Products NNN N N N NPC Moving and Storage Establishments NNN N N N NPC Metal Salvage Yards NNN N N N NPN Paper Products NNN N N N NPC N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use y cryriac)f� �,r�" x g NNN .d N ,�- N N NCN Petroleum-Related Materials Primary Metal Industries (Electroplating) NNN N N N N CC Printing/Publishing NNN N N N N PC Professional/Scientific/Electronic Products NNN N N N N PC Research Services and Laboratories NNN N N N NPC Retail Sales of Products Manufactured or Stored On-Site NNN N N N NPC Sandblasting and Beadblasting NNN N N A' A' C C,A Taxidermy N NN N N N N CC 1VIa it-al/Health Care Ambulance Services NNN N N P PPP Animal Hospitals/Veterinaries NNN N N P PPP Clinics NNN N N P PCP Convalescent Homes N NC C C P PNP Chemical Dependency Clinics NNN N C C NNC Hospitals NNN N N P PNP Medical/Dental Offices NNN N N P PNP Pharmacies NNN N N P PNP Pharmacies, with drive-through N NN N N C CNC #�cs�onall services Banking, Credit Unions, Financial Services NNN N N P PNP Barbers and Beauty Parlors NNN N N P PNP Cemeteries N CC C C C C CC Check Cashing Services NNN N N P PNP N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use ¢ 'Lz )F 8 ����,�4t��' NNN ��'i'/'a �-+(rA A N �.0 N P PCP y„ 't1 ei i r ` f 6 p, 'k 'ki, .st �i..� Commercial Pet Grooming Services Dry Cleaners NNN N N P PNP Funeral Parlors, Mortuaries NNN N N C CC C Laundries, Laundromats NNN N N P PCP Locksmith and Key Shops NNN N N P PPP Pawnbrokers NNN N N C CNC Photocopying and Photo Developing Services NNN N N P PPP Photography Studios NNN N N P PNP Shoe Repair Shops NNN N N P PCP Tailors NNN N N P PCP Tattoo/Body Piercing Services NNN N N C CNC Public and Quasi-Public Uses Community Recreation Centers PP N N N N NNN Cultural Facilities PP N N N N NNN Libraries PPN N N C CNC Museums PP N N N C CNC Parks PP N N N N NNN Public Safety Facilities NPN N N P PPP Senior Citizen Activity Centers N P N N N P PNP Recreation an ntertainment Adult-Oriented Businesses NNN N N N NCN Amusement Parks NNC N N C CC C Athletic Fields NP P P P N NNN Batting Cages NNN N N C CC C Billiard and Pool Halls NNN N N C CNC N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use �%3aua'a° � .:r^' "¢ � � •- .. Y "fli d � fi '� ; t ��} �4 ice' �. ��`� •`'%, �.'�k �^'t��+5'4'x. +� �, ,,a2=``:+`'G�ym �&�r.;x�' 'F 3� e`y`.:a 3'.t'kz;fiA t�+��'y�r+ ��'�--L -. Bowling Alleys N N N N N P P N P Dance Studios N N N N N P P N P Golf Driving Ranges C N N N N N C C C Health Clubs and Gymnasiums N N N N N C C C C Miniature Golf Courses N N C N N C C N C Off -Road Mini -Bike and Motorcross Courses C N C N N N C C C Public Auditorium/Auditoriums N P N N N P P N P Shooting Range (Indoor) N N N N N N N C N Skating Rinks N N N N N N C C C Video Arcades N N N N N C C N C Recycling Collection Facilities N N N N N C C C C Processing Facilities N N N N N C C C C Religious institutions Churches N C C C C C, A* C, A* C C Monasteries, Convents, or Similar Religious Use N N C C C C C C C tetair Services Electrical and Household Appliances Repair N N N N N P P P P Furniture Refinishing N N N N N P P P P Furniture Reupholstering N N N N N C C P P Lawnmower Repair/Sales Shops N N N N N P P P P Machine Shops N N N N N C C P C Welding Shops N N N N N C, A C, A P C,A N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings s r u Accessory Guest Houses NNP P P N NNN Accessory Rental Units ("Granny Flats") NNP P P N NNN Boarding or Rooming Houses NNC C C N NNN Caretaker's Unit NNP N P P* N C C Congregate Care Facilities NNN N C C CNC Day Care Centers, Small Family- 1 to 8 Children NNP P P N NNN Day Care Centers, Large Family -7 to 14 Children NNC C C C NNN Duplexes NNN N P N NNN Group or Community Care Facilities - 6 or fewer persons) NNP P P N NNN Group or Community Care Facilities - 7 or more persons) NNC C C N NNN Home Occupation Businesses NNP P P N NNN Mobile Home Parks NNN N C N NNN Mobile Home or Manufactured Housing Units Single Lot N N P P P N NNN Multiple -Family, Apartment & Condominiums NNN N P P* N N N Planned Residential Developments NNP P P N NNN Senior Housing Developments NNP P P C NNN Single -Family Dwellings NNP P P N NNNDelicatessens NN N N N P PPP N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use *Only allowed for Properties on Sixth Street Fast -Food Restaurants - Without Drive-Thru N N N N N P P N P Fast -Food Restaurants - With Drive-Thru NNN N N C CNC Sit -Down Restaurants CN N N N P PNP Sit Down Restaurant with live Entertainment CNN N N C CNC Restaurant, serving alcohol CNN N N C CNC Philanthropic and Charitable Institutions N N N N N P PCP Service Organizations N N N N N P PCPta Street/Craft Fairs and Farmers' Markets NCN N N C CNC Temporary Structures (Subdivision sales Office) CNP P P P PPP Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days CCC C C C CCC Outdoor Displays NNN N N C CCC Parking Lot Sales NCN N N C CCC Amusement Enterprises NCN N N C CCC Transportation Facilities Bus Passenger Terminals NNN N N C CCC Charter Bus Companies NNN N N C CCC Motor Vehicle Transportation (Taxi/Shuttle) NNN N N C CC C Truck Stops and Terminals NNN N N C CCC N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Public Utility/Service Structures NPN N N N NPC Sewage Disposal Facilities/Waste Transfer NPN N N N NP C Utility Company Offices NNN N N P PPP Water Storage, Distribution, and Collection Facilities NP N N N N NNN Public Storage Facilities NNN N N C CCC N = Not Permitted P = Permitted A = Permitted as C = Conditionally Permitted an Accessory Use JII PROPOSED 6TH STREET ZONING CHANGE 1111111 NMI 1111111 MO 3AV VIIONOVW 3AV aiion3 DAV VINiOdI1VO 1111111 11111 111111! 1111111_ , 3AV 0113 - - 3M If1N1VM Ell 3M 3AIlO 1 - v rn A111111 PF) PUBLIC FACILITIES z O N • LL J W • 0 K p Z Q Z N a _ z ¢ z U • ui W G u U O W a (A d 4 K N 1 hibits\6 Street ReZone\6 Street ReZone.mxd Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1016-66846 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 23, 2012 Executed cn: 03/23/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont Planning Commission and City Council will conduct public hearings with respect to the matter described below. The Planning Commission's public hearing will be held on Tuesday, April 10, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223. The City Councils public hearing on this matter will be held at 6:00 p.m. on Tuesday, May 1, 2012 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No.1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIAADDING CHAPTER 17.03.95 "COMMERCIAL, LIGHT MANUFACTURING ZONE (C -M),• AMENDING CHAPTER 17.03.020 ESTABLISHMENT OF ZONE DISTRICT," AMENDING CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONE DISTRICTS; AND AMENDING THE OFFICIAL ZONING MAP WITHIN TITLE 17 'ZONING" OF THE BEAUMONT MUNICIPAL CODE. (12-RZ-01) The purpose of these amendments is to re -zone parcels (27.09 acres) on Sixth Street west of Edgar Avenue from Commercial General to Commercial Light Manufacturing Zone. The exact list of parcels and map are available for view at the City of Beaumont. This proposed action was initiated by the City of Beaumont at the request of property owners within the area described. Date: March 14, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 66846 03123, 2012 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1016-70300 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 25, 2012 Executed on: 05/25/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, May 1, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIAADDING CHAPTER 17.03.95 "COMMERCIAL, LIGHT MANUFACTURING ZONE (C -M)," AMENDING CHAPTER 17.03.020 ESTABLISHMENT OF ZONE DISTRICT,' AMENDING CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONE DISTRICTS," AND AMENDING THE OFFICIAL ZONING MAP WITHIN TITLE 17 "ZONING" OF THE BEAUMONT MUNICIPAL CODE. (12-RZ-01) The purpose of these amendments is to re -zone parcels (27.09 acres) on Sixth Street west of Edgar Avenue from Commercial General to Commercial Light Manufacturing Zone. The exact list of panels and map are available for view at the City of Beaumont. This proposed action was initiated by the City of Beaumont at the request of property owners within the area described. Ordinance No. 1016 was adopted at its second reading on May 15, 2012 by the following vote: AYES: Mayor Berg, Council Members Castaldo, and De Forge NOES: Council Member Gall ABSTAIN: ABSENT: Council Member Fox Date: May 16, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 70300 05/25, 2012 ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.060D "GUEST UNITS" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Subsection D of Chapter 17.03.060 of the Beaumont Municipal Code, entitled "Guest Units", is hereby amended in its entirety to read as follows: "D. Second Units. Second Units, both guest and rental shall not exceed 50% of the floor area of the main unit or 1,200 square feet whichever is less. The height of the second unit shall not exceed the height of the main unit. In addition all second units must be connected to sewer and shall be provided with individual sewer connections. Second units shall be detached from the main unit by a minimum distance of ten (10) feet and shall have a minimum distance of fifteen (15) feet from the rear property line. The second unit shall be located in such a fashion so that it is concealed from public view and shall have matching colors and materials as the main unit. All second units that are rental units must provide a minimum of two (2) parking spaces." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 3rd day of April, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 17th day of April, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City CIk Roger Berg, Mayor 1 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1017-66851 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 23, 2012 Executed on: 03/23/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, April 3, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Cmc Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from at interested persons regarding the adoption of the following matter(s): Ordinance No. 1017 An Ordinance of the City Coundl of the City of Beaumont, California amending Section 17.03.060D of the Beaumont Municipal Code Entitled 'Guest Units'. The purpose of this amendment is to amend Section 17.03.060 "Guest Units' which indicates the requirements applicable to second units. Date: March 14, 2014 Rebecca Deming Director of Planning Publish The Record Gazette No. 66851 03/23, 2012 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 68595 Notice - Ordinance No. 1017 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 04/20, 2012 Executed on 04/20, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature enal Advertisement NOTICE IS HEREBY jisyEN that_ "City--Z'otrncil conducted a public hearing on Tuesday, April 3, 2012 at approxi- mately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 1017 An Ordi- nance of the City Council of the City of Beaumont, Cali- fornia amending Section 17.03.0600 of the Beau- mont Municipal Code Enti- tled "Guest Units". The pur- pose of this amendment is to amend Section 17.03.060 "Guest Units" which indicates the require- ments applicable to second units. Ordinance No. 1017 was adopted at its second reading on April 17, 2012 by the following vote: AYES: Mayor Berg, Coun- cil Member De Forge, Castaldo, Fox and Gall NOES: None ABSTAIN: None ABSENT: Nene D e: April 17, 2012 Rebecca Deming Director of Planning Published:. One time only no later than April 20, 2012 Publish The Record Gazette No. 68595 04/20.2012 ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF BEAUMONT REPEALING CHAPTER 5.63 "MEDICAL CANNABIS DISPENSARIES" AND CHAPTER 17.15 "PROHIBITION OR, ALTERNATIVELY, REGULATION OF MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES" OF THE BEAUMONT MUNICIPAL CODE AND ESTABLISHING A 45 -DAY MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS WHEREAS, the City Council has adopted a General Plan Land Use Element which describes objectives, policies and programs delineating the types of development desired during the life of the General Plan; and WHEREAS, the General Plan Land Use Element requires the City Council to protect and maintain the character of residential neighborhoods, but the Element is uncertain in that it does not contain standards for the establishment of medical marijuana collectives and cooperatives and their potential effects on residential neighborhoods; WHEREAS, the City's Zoning Ordinance is an implementation measure of the General Plan which provides zoning criteria intended to carry out the policies and programs of the General Plan; and WHEREAS, the City Council enacted Ordinance No. 987 prohibiting or, alternatively, regulating medical marijuana cooperatives or collectives, which Ordinance was codified as Chapter 17.15 of the Beaumont Municipal Code and, pursuant to Ordinance No. 991, codified as Chapter 5.63, the Council enacted regulations governing the establishment and operation of medical marijuana dispensaries; and WHEREAS, since the enactment of Ordinance Nos. 987 and 991, many lawsuits between various California cities and dispensary owners and operators have resulted in a number of published opinions of various California Courts of Appeal, often contradictory; and WHEREAS, the California Supreme Court is presently reviewing several of these opinions with the expectation that it will finally resolve the contradictions in the law relative to the establishment and operation of medical marijuana dispensaries; and WHEREAS, the most recent decision of our California Courts of Appeal, City of Lake Forest v. Evergreen Holistic Collective (2012) Cal.App.4th held, among other things, that medical marijuana dispensaries must be allowed to operate within cities and counties provided that they comply with an extensive list of specific criteria, including criteria that the only "dispensing" permitted is that which occurs at the site of a cultivation of marijuana for medicinal 1 purposes, only to members of the non -profit -collective or cooperative that operates the cultivation; and WHEREAS, the establishment of medical marijuana dispensaries, if they are to be established at all, must be established with appropriate rules and regulations in order to mitigate negative secondary effects such an increase in crime in the areas immediately surrounding such establishments; and WHEREAS, for the benefit of lawful collectives and cooperatives, and residents alike, it is critical that appropriate regulations to implement the General Plan Land Use Element objectives and policies be incorporated within the City's zoning ordinance; and WHEREAS, in order to allow time for the City to consider and study possible enactment of the implementing regulations it is necessary to repeal the prohibition on medical marijuana dispensaries and the regulations enacted coincident thereto, and to impose a moratorium on the receipt, review and approval of medical marijuana collectives and cooperatives that may be in conflict with the development standards and implementing regulations the City intends to consider within a reasonable time; and WHEREAS, Government Code Section 65858 allows the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that City Council and the Planning Commission intends to study within a reasonable time; and WHEREAS, the adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3), because there is no possibility that such adoption may have a significant effect on the environment and because such adoption involves only feasibility and planning studies for possible future adoption of an ordinance that has not yet been prepared or adopted. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Findings. The City Council finds and determines as follows: a. The foregoing recitals are incorporated herein by this reference and are each relied upon independently by the Council for adoption of this urgency ordinance; and b. The adoption of this Ordinance is exempt from the application of the California Environmental Quality Act; and c. The City Council is obligated to protect the character of residential neighborhoods and to promote and encourage commercial economic diversity under its General Plan Land Use Element; and 2 d. The City Council cannot ensure that the City's objectives and policies will be implemented properly without specific development standards in place; and e. There exists a current and immediate threat to the public health, safety and welfare and California Government Code Section 65858 authorizes the Council to adopt as an urgency measure an interim ordinance prohibiting any uses which may be conflict with the contemplated revisions to the General Plan and Zoning Ordinance implementing regulations and development standards that the City is considering or intends to study within a reasonable time; and f. There is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and welfare with a less burdensome or restrictive effect; and g. In order to ensure the effective implementation of the City's land use objectives and policies, a temporary moratorium on approval of medical marijuana collectives and cooperatives is necessary. Section 2. Imposition of Moratorium. a. From and after the date of this Ordinance, no permit or any other entitlement for use including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of a medical marijuana collective or cooperative for a period of 45 days. b. For purposes of this Ordinance, "medical marijuana cooperative or collective" means and includes any facility or location where a primary care giver or qualified patient intends to make available, sell, transmit, give, provide or otherwise dispense medical marijuana to two or more of the following: a qualified patient, or a person with an identification card, or a primary caregiver as those terms are defined in the California Health and Safety Code, at Sections 11362.5 and 11362.7 et seq.. c. For purposes of this Ordinance, a "medical marijuana cooperative or collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law: i. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; ii. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; iii. A residential care facility permitted under Division 2 of the Health and Safety Code; 3 iv. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; v. A hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, so long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.7 et seq.. Section 3. Effective Date and Term. This Ordinance shall take effective immediately upon its execution by the Mayor and Certification by the City Clerk, and shall be in effect for a period of 45 days, up to and including June 15, , 2012, unless repealed, amended or extended by further action by the City Council as provided in Government Code Section 65858. Section 4. Expiration. Ten days prior to the expiration of this interim Ordinance or any extensions thereof, the City Council shall issue a written report describing the measures taken to alleviate the threat to public health, safety and welfare that lead to the adoption of this Ordinance. Section 5. Publication. Published as required by law. MOVED AND PASSED upon first reading this 17th day of April , 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, Deforge, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 1st day of May , 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Gall. NOES: None ABSTAIN: None ABSENT: Council Member Fox CITY OF BEAUMONT By ROGER BERG, Mayor 4 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1018 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 4/17 , 2012, and was duly adopted upon a second reading on 5/1 , 2012, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 5 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1018 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 6, 2012 Executed on: 04/06/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, April 17, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s):ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF BEAUMONT REPEALING CHAPTER 5.63 'MEDICAL CANNABIS DISPENSARIES' AND CHAPTER 17.15 PROHIBITION OR, ALTERNATIVELY, REGULATION OF MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES' OF THE BEAUMONT MUNICIPAL CODE AND ESTABLISHING A 45 -DAY MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS Date: April 2, 2012 Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on April 6, 2012. Publish The Record Gazette No. 67616 04/06, 2012 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1018 State of California County of Riverside ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 11, 2012 Executed on: 05/11/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, April 17, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter)s): ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF BEAUMONT REPEALING CHAPTER 5.63 "MEDICAL. CANNABIS DISPENSARIES" AND CHAPTER 17.15 "PROHIBITION OR, ALTERNATIVELY, REGULATION OF MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES" OF THE BEAUMONT MUNICIPAL CODE AND ESTABLISHING A 45 -DAY MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS The second reading was held on May 1, 2012 and was adopted by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT Council Member Fox Date: May 3, 2012 Shelby Hanvey Administrative Services Manager Publish The Record Gagette No. 69562 05/11, 2012 ORDINANCE NO. 1019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 9.03.0201, 9.03.050B and 9.03.170B OF 9.03 "REGULATION OF SPECIAL EVENTS" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Subsection I of Chapter 9.03.020 of the Beaumont Municipal Code, is hereby amended in its entirety to read as follows: I. "Special event" means any temporary event, as further described herein, not exceeding thirty days whether indoors or outdoors, or on improved or unimproved public or private property, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted thereon. "Special event" shall also refer to any activity that may result in the closure of any public streets, or any activities which may temporarily require the installation of materials or devices using building, electrical, mechanical, plumbing, flammable or similar materials. "Special events" may include, but are not limited to, short-term events such as any show, circus, concert, festival, carnival, dance open to the public, exhibition, lecture, auction, rave, boxing match, wrestling match, walk-a-thon, marathon run, cycling event, sporting event, permitted film production event, farmers' market, pumpkin patch, car wash, outdoor sales, including, but not limited to, vehicle sales, or any combination thereof which members of the public are invited for free or admitted for a fee. All "special events" shall be classified under one of the following categories: Section 2: Subsection B of Chapter 9.03.050 of the Beaumont Municipal Code, is hereby amended in its entirety to read as follows: B. Only one special event permit may be obtained every three months for any particular event site or for the same person, persons or organization. Requested for additional events may be approved by the special events committee. This subsection, however, shall not apply to an event involving an exercise of free speech rights. Section 3: Subsection B of Chapter 9.03.170 of the Beaumont Municipal Code, is hereby amended in its entirety to read as follows: B. If the administrative authority determines that a particular use, event or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the City or its officers, agents and employees, the administrative authority may give a written waiver of the insurance requirements of this section. Provided, however, a carwash shall not be required to provide insurance. 1 Section 4: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 1st day of May, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 15th day of May, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox 1 Roger Berg, Mayor 2 City of Beaumont 550 East Sixth Street Beaumont, Ca 92223 Phone: (951)769-8520 Fax: (951)769-8526 SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT APPLICANT (Organization Conducting Event) ORGANIZATION: ADDRESS: CITY/STATE: ZIP: TEL: ( YES NO FAX: ( EMAIL: Is this a non-profit organization? If yes, provide tax identification number Can members of the general public join this organization? EVENT CONTACTS PRIMARY'S NAME: EMAIL: ADDRESS: CITY/STATE: ZIP: DAY TEL: ( ) ALTERNATE TEL: ( ) FAX: ALTERNATE CONTACT: EMAIL: ADDRESS: CITY/STATE: ZIP: DAY TEL: () ALTERNATE TEL: ( ) FOR THE OFFICE OF CULTURAL AFFAIRS COORDINATED EVENTS ONLY: Website: FAX: Public Information Contact Name: Public Information Contact Phone#: ( ) GENERAL EVENT INFORMATION EVENT NAME: TYPE: (Parade, Festival, Run, Ceremony, ect.): LOCATION: Check and complete all applicable lines On the Downtown Parade Route (STREET) In the Downtown Festival Site ( STREET) In a City park................Name of Park(s): On a Paseo or Plaza Name of Paseo or Plaza(s): On a City street Name of street(s): On private property Event location address: Assessor's parcel number(s) of event location: BEGIN SETUP: Date: Time of Day: am/pm Indicate when you will take possession of the event site to begin event setuF ACTUAL EVENT DAY/DATE(S): TIME OF DAY: Est. Daily Attendance (Start) am/pm (End) am/pm (Start) am/pm (End) am/pm (Start) am/pm (End) am/pm Number of attendees by age: Youth (under 18): Adult: Total attendance: Number of attendees present during the most crowded period of event: FINAL CLEANUP: Date: Time of Day: am/pm Indicate when the event site will be completely cleaned & reopened for normal use City Office Use Only: Page -1 of 4 SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT EVENT DESCRIPTION YES NO Was this event held last year? If yes, where Attendance? Is this a Charitable fundraiser? If yes, for what cause? Is there an attandance fee? Fee per person: $ Fee collected in advance? Is this event open to the public? Will there be any areas within the event that will be tor private use only? (Example:VIP area, ect. MANDATORY ATTACHMENTS: Required to be submitted with every application. Reference page ii for instructions. EVENT NARRATIVE: Please provide a description of the event theme, purpose,schedule of activities, entertainment, food, beverages (including alcohol), cleanup plan, ect SITE DIAGRAM: For activities on public and private property: a detailed drawing depicting the proposed latout, including the location of booths, tables, stages, fences, dumpsters, signage, portable toilets and all other event equipment. For any activity on private property: diagram must also show all marked parking spaces, adjacent streets, residential units, and indicate the linear feet from the event boundary to streets and residences ROUTE MAP: For parades, runs, walks and races on public streets or sidewalks: a map of the proposed route, route, start and finish points, direction of movement and proposed street closures including the specific lane(s) requirin closure. SPECIFIC EVENT INFORMATION YES NO Will my equipment be used on the event site? (Examples: fence, tent, canopy, table, chair, stage, trash container, dumpster, booth, amplified sound system, musical instruments, carnival ride, parade float, portable toilet, ect.) Will the event require the closure of any public street or traffic lane? Will there be any food and/or beverages prepared, sold or served at the event? Will there be sales of any kind? Will there be any activity connected to the event? (Examples: live animal display, parachute jump) Do you require any City services? (Examples: traffic control, tow zone, street barricades, electrical power, ect.) If you answered NO to all of the questions in this section, you have completed this application. Sign the Declaration below, attach the Mandatroy Site Diagram or Route Map and submit your application. If you answered YES to ANY of the questions in this section, please complete the remainder of this application. DECLARATION As the authorized representative of the applicant, I hereby declare that: 1. The information contained in this application and attachment(s) is true, complete and to the best of my knowledge 2. Applicant agrees to defend, indemnify and hold harmless City, its officers, agents and employees from and against an, and all claims, demands, causes of action, or liabilities incurred by City, its officers, agents, or employees, arising from Applicant's acts or omissions under this Agreement or any act of omission of the Applicant's permission or invitation oI Applicant, except as may arise from the negligence or willful misconduct of City, its officers, agents, contractors, or employees. In any action or claim against City in which Applicant is defending City, City shall have the right to approve legal counsel providing City's defense and such approval shall not be reasonably withheld 3. Applicant has received and understands the information contained in the Special Events Guidelines and will adhere tc required arrangements listed within these Guidelines 4. Applicant will pay for actual costs of any City services provided for your event within 30 days from receipt of City invoice 5. No copyrighted musical or visual arts composition shall be performed or played, weather amplified, televised, in the form of a mechanical recording or personal rendition, or otherwise in connection with any use of City property, unless th Applicant shall have first obtained all approvals and paid any license fee or other fee required by the copyright owner Without limitation of any other provision, Applicant's indemnification of City as set forth in a permit or authorization tc conduct an event, shalt include indemnifying and saving City harmless from and against any and all liability or responsibility whatsoever for any infringement of an/or other violation of the right of any such copyright owner under an copyright law. 6. Applicant will provide access to the City's Special Event recycling service provider at a level of service established by th Director of Environmental Services or his/her designee if the following conditions are met: the event occurs on a City stree or on a City -owned site, facility or public park and has an average daily attendance of at least 1,000 persons Signature Date Print Name Title Business Name Tel ( ) Email For Private Property Event, a letter from the property owner (or an agent authorized by the owner) must be included with this application. The letter should be on company letterhead acknowledging their approval of the event, knowledge of the date, time and activities scheduled to take place. Contact information (address, email and phone) for this individual should be included in the letter. Page -2 of 4 SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT ADDITIONAL EVENT INFORMATION Equipment / Source of Power YES No 1. Will the event be fenced? ....... Do you want the City to provide fencing? YES: NO: 2. Will there be parade floats? 3. Will ther be a tent or conopy? If yes, date being erected: Size(s): 4. Will amplified sound equipment be used? 5. Will electrical power be used...Do you want the City to provide electrical power?Yes:NO:_ 6. Will a generator be used? 7. Will there be a stage? If yes, date being set up: Removal date: 8. Will heaters be used? If yes, indicate heater type: 9. Will there be booths? If yes, complete the following information: # of sales booths: # of non -sales booths: Total booths: Booth setup date: Setup time: Booth removal date: Removal time: Vendor arrival date: Arrival: 10. Total tables that will be set up (outside of booths): Food and Beverage YES NO 11. Will alcohol be sold or served? If yes, Beer? Wine? Other? 12. Will there be food preparation? 13. Will there be cooking booths? 14. Indicate all cooking methods: Electrical appliance: Liquid fuel device: Wood/Charcoal BBQ: Deep Fryer: Sales YES NO 15. Will any items be sold? 16. Will vehicles be sold? 17. Are you requesting a Vendor Zone?Applicable to Downtown events only - this controls vendor carts around your event. Traffic and Parking Control YES NO 18. Wit you require a "No Parking" tow zone? 19. Will you require a traffic control officer? 20. Are you requesting that any public street or traffic lane be closed for your event' Miscellaneous Activities YES NO 21. Will ther be a circus or carnival? 22. Will there be fireworks/pyrotechnics? 23. Will there be aircraft or a parachute jump? 24. Will there be live animals? 25. Will there be items that produce extra trash/litter ((flyers, box lunches, ect.)? Describe: 26. Will there be any other type of activity not listed here? Describe: Additional information describing above responses: Page -3 of 4 SPECIAL EVENT PERMIT APPLICATION - CITY OF BEAUMONT APPROVAL 1. Community service Date: Comments: 2. Police (Chief of Designee) Date: Comments: 3. Fire Date: Comments: 4. Planning Date: Comments: Page -4 of 4 June 7, 2011 To: Rebecca Deming Assistant Director of V'lanning a Fr: Jim Gregg Risk Mana Re: Special Events Insurance Requirements Special events can include a variety of situations including but not limited to the use of City space for parties and other events or events occurring at the local park. MEMORANDUM REQUIREMENTS The Special Events Sponsor shall procure and maintain for the duration of the event insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Special Events Sponsor's operation and use of the premises. The cost of such insurance shall be borne by the Special Events Sponsor. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage. 2. Workers' Compensation insurance as required by the State of California and Employers' Liability insurance (for Special Events Sponsors with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments if any. Minimum Limits of Insurance Special Events Sponsor shall maintain limits no less than: 1. General Liability: S1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2, Workers' Compensation As required by the State of California 3. Employers" Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. 4. Property Insurance: Full replacement cost with no coinsurance penalty provision. 1 Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Special Events Sponsor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations. claim administration and defense expenses. Other Insurance Provisions The General Liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City of Beaumont, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership. maintenance or use of that part of the premises leased to the Special Events Sponsor. 2. The Special Events Sponsor's insurance coverage shall be primary insurance as respects the City of Beaumont, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Special Events Sponsor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days prior written notice has been provided to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated. V'erification of Coverage Special Events Sponsor shall furnish the City with endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that Insurer to bind coverage on its behalf All endorsements are to be received and approved by the City before the special events permit becomes effective. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to the City's forms, the Special Events Sponsor's insurer may provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Coverage shall be equal to that provided to the first named insured. Any limitations on coverage applicable only to the City shall not be acceptable. 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORD.REG.SPECIAL EVENTS -67854 State of California County of Riverside ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 6, 2012 Executed on: 04/06/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. J1 Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, April 17, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California amending Chapter 9.03.0201 and 9.03.0506 of 9.03 'REGULATION OF SPECIAL EVENTS' of The Beaumont Municipal Code The purpose of this amendment is to amend Section 9.03 "Special Events' which indicates the requirements applicable to all special events. This Ordinance limits the amount of Special Events applicable to any person or properly. Date: April 3, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 67854 04/06, 2012 ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTIONS 6.02.005k, 6.16.040d, AND 17.09.030c OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Sections 6.02.005 k, 6.16.040 d, and 17.09.030 c of the Beaumont Municipal Code are each hereby amended in their entirety to read as follows: 6.02.005k - Cattery refers to any building, structure, enclosure or premises whereupon, or within which, five (5) or more cats, four (4) months of age or older, are kept or maintained. 6.16.040d - For an animal rescuer maintaining five (5) or more cats, a cattery license is required; and the minimum land requirement shall be one acre. 17.09.030c - Dogs and Cats. Domesticated dogs and cats are limited to a maximum for four (4) dogs and four (4) cats over the age of four (4) months for each developed residential lot consistent with Title 6. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 15th day of May following roll call vote: , 2012, by the AYES: Mayor Berg, Council Members Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 5th day of June , 2012, upon second reading by the following roll call vote: AYES: Mayor Pro Tem Castaldo, Council Members De Forge, Fox, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Berg ATT Deputy City Cler CITY OF BEAUMONT -7-j-3.-/ ROGER BERG, Mayor Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) AMEND. SECTION 6.02.005K-69248 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 4, 2012 Executed on: 05/04/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 15, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1020 An Ordinance of the City Council of the City of Beaumont, California amending Sections 6.02.005k, 6.16.040d, and 17.09.030c of the Beaumont Municipal Code It is the purpose and intent of this Ordinance to amend Sections 6.02.005k, 6.16.040d, and 17.09.030c of the Beaumont Municipal Code which would restrict the number of permitted cats from 9 to 4 before a Cattery License would be required to reduce over population and preserve the health and sanitation of the public. Date: April 30, 2012 Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on May 4, 2012 Publish The Record Gazette No. 69248 05/04, 2012 AGENDA ITEM To: Mayor and City Council Members From: Frank Coe, Chief of Police By: Sean Thuilliez, Police Commander 141414 Zifidaf.€44, 7idal9ec /i9 �i� Agenda Date: May 15, 2012 (.�' Subject: ORDINANCE 1020, AMENDING SECTIONS 6.02.005k, 6.16.040d, AND 17.09.030c OF THE BEAUMONT MUNICIPAL CODE. Background/ Summary: Staff is proposing to reduce the number of cats a resident may possess before they would need a cattery license. The ordinance currently permits nine (9) cats for each residence before a cattery license is required. Staff is proposing the reduction in permitted cats to reduce over population and to better preserve health and sanitation. Staff is proposing an amnesty period for residents who currently own between five (5) and nine (9) nine cats to register their cats with the City which will allow them to keep the animal for the duration of its life. The amnesty period would extend from the approval of the first reading of this ordinance through thirty (30) days upon adoption by the City. The ordinance would prohibit any additional cats until the resident had less than four (4). Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the police department's current operating budget. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance No. 1020, amending Sections 6.02.005k, 6.16.040d, and 17.09.030c of the Beaumont Municipal Code. 5/29/12 ORDINANCE NO. 1021 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA EXTENDING FOR 10 MONTHS 15 DAYS THE TERMS AND CONDITIONS OF ORDINANCE NO. 1018, DECLARING A MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS WHEREAS, there have been many significant lawsuits filed in various Califomia counties, testing the limits of the Compassionate Use Act of 1996; and WHEREAS, the Califomia Supreme Court is presently reviewing several of these cases and its expected that the Court will finally resolve the contradictions in the law relative to the establishment and operation of medical marijuana dispensaries; and WHEREAS, the City Council enacted Ordinance No. 1018 establishing a 45 -day moratorium on the approval of applications to cultivate and distribute medical marijuana within the City of Beaumont; and WHEREAS, the moratorium is scheduled to expire on June 15, 2012; and WHEREAS, the City Council has the option of extending the moratorium an additional 10 months and 15 days in accordance with the provisions of Govemment Code Section 65858; and WHEREAS, the extension of the moratorium will provide additional time for the promulgation of uniform rules and regulations applicable to all cities and counties within the State of Califomia, including the City of Beaumont; and WHEREAS, the City Council intends this moratorium extension to take effect immediately upon its adoption in accordance with Govemment Code Section 36934. NOW, THEREFORE, the City Council of the City of Beaumont does hereby ordain as follows: Section 1: The City Council adopts the recitals set forth above as legislative findings of the threat to public health, safety and the general welfare. The City Council further finds and declares that there is a need to extend the moratorium, subject to the findings and conditions contained in this Ordinance. If the cultivation and distribution of medical marijuana is allowed to be established without appropriate regulation, such operations could potentially have an adverse effect on public health, safety and the general welfare. Moreover, there is substantial confusion conceming the implementation of the Compassionate Use Act of 1996, and the California Supreme Court is presently considering the issuance of legal guidance that is expected to resolve the legal uncertainties conceming medical marijuana dispensaries. Therefore, based upon the foregoing, the City Council does hereby declare that it is necessary to extend the moratorium established by Ordinance No. 1018 in order to protect the public health, safety and general welfare until the Planning Commission can consider, and the City Council can adopt, regulations concerning the cultivation and distribution of medical marijuana. Section 2: The City Council hereby finds, determines and declares that the following conditions exist which require the extension of the moratorium established under Ordinance No. 1018: a. Numerous other cities in California have adopted ordinances prohibiting or heavily regulating the cultivation and distribution of marijuana, and because a significant portion of the Southern Califomia region has prohibited or heavily regulated such cultivation and distribution, there is a substantially likelihood that such establishments will seek to locate in the City of Beaumont; b. Medical marijuana facilities are currently attempting to locate and operate in many cities of the State without the benefit of uniform statewide regulation, or even local regulation; c. The City currently does not have standards relating to the regulation of the location, operation and concentration of medical marijuana facilities and imposing other reasonable time, place and manner restrictions; d. Absent the adoption of this Ordinance, the establishment and operation of medical marijuana facilities in the City of Beaumont would result in negative and harmful secondary effects other cites have experienced; e. As a result of legal conflicts concerning medical marijuana facilities, coupled with the potential and harmful secondary effects associated with such facilities and the potential threat such effects would pose to the public health, safety and general welfare, as well as the potential zoning conflicts that would be created by unauthorized medical marijuana facilities, it is necessary to extend the moratorium pending resolution of the legal conflicts, completion of the City's study of the potential impacts of medical marijuana facilities and the development of possible amendments to the City's Municipal Code. Section 3: Because the unregulated establishment of medical marijuana facilities poses a potential and substantial threat to the public health, safety and general welfare of the community and undermines the benefits of the City's General Plan and Zoning Ordinance because the City lacks standards regulating medical marijuana facilities, it is necessary to enact this Ordinance as an urgency measure to become effective immediately upon its adoption. Section 4: The City Council finds that, in accordance with the terms and provisions of Section 65858 of the Govemment Code, and following notice given in the time and manner required by law, it held a public hearing on the extension of Ordinance No. 1018. After hearing all applicable evidence, the City Council finds that the conditions and findings cited in Ordinance No. 1018 continue to exist and that further studies by City staff and hearings by the Planning Commission are necessary in order to regulate the establishment of medical marijuana facilities in the City. Section 5: The City Council, therefore, hereby declares an extension to the existing moratorium and ordains that Ordinance No. 1018 be extended for an additional term of 10 months and 15 days. 2 Section 6: The moratorium established herein shall apply to the acceptance, processing or issuance of any zoning permit, use permit, building permit, occupancy permit, business license or other entitlement for the establishment and operation of medical marijuana facilities established for the collective cultivation and/or distribution of medical marijuana in any residential or non-residential zone. Section 7: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and the extension of the moratorium hereby, may have a significant effect on the environment, because the moratorium will impose greater limitations on development within the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from the California Environmental Quality Act pursuant to Title 14, Section 15061(b)(3) of the Califomia Code of Regulations. Section 8: 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 or invalid or ineffective by any court of competent jurisdiction, such holding shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase irrespective of the fact that any one or more of them may be declared unconstitutional or invalid or ineffective. vote: PASSED, APPROVED AND ADOPTED this 5th day of June, 2012, by the following AYES: Mayor Pro Tem Castaldo, Council Member De Forge, Fox, and Gall NOES: None ABSTAIN: None ABSENT: Mayor Berg ATTEST: SHEL : HANVEY, L• eputy City'Clerk -6.„-------, ROGER BERG, Mayor CERTIFICATION I hereby certify that the foregoing Urgency Ordinance No. 1021 was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of = -aumont held on June 5, 2012. (SEAL) SHELBY HANVE V l eputy Ci ' Clerk a A 3 Printed at: 9:52 am on: Thursday, May 24, 2012 Ad #: 0000810266 Order Taker. Kristin Gribbin enterprisemedia Classified Advertising Receipt 3450 Fourteenth St Riverside, CA 92501-3878 (800) 514-7253 (951) 684-1200 (951) 368-9006 Fax Date Payment # Type Payment Information Card Holder Account Information Phone #: (951) 769-8520 Name: BEAUMONT, CITY OF / LEGAI Address: 550 E SIXTH ST , BEAUMONT, CA 92223 USA Account# 100141940 Client: Placed By: Shelby Hanvey Fax #: (951) 769-8526 Ad Information Classification: EN CLS Legals Publication: PE.com, Press Enterprise Start Date: Stop Date: Insertions: 05/28/2012 05/28/2012 1 print / 1 online Rate code: LGL PE City Legal Ad type: CLS 10 Liner Size: 2.0 X 34 Li Bill Size: Amount Due: $74.80 Ad Copy: Exp. Approval Gross price: Net price: Total Payments: Amount Due: Total Payments: CITY OF BEAUMONT LEGAL NOTICE NOTICE 15 HEREBY GIVEN, that the Beaumont City Council will conduct o publk hearing on Tuesday, June 5, 2012 at approximately 6:00 p.m. In mom 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all Interested persons regarding the adoption of the following matter(s): Ordinance Na 1121 An Urgency Ordinance of the City Coendl of the Clly of Bement, California, Extending fer 1 • Malts 15 days the Teras and Conditions of Ordinance No. Ilia, De- claring rclaring a Moratortan on the Approval el the Cdledte Culttidlan and/or Dlstr6,Nae of Medical Magoon within the CIIV to Allow the Cby Candi tine to Steely and Consider Enochnent of Developmad Standards (Gewernmeet Cade 65(158) Date:: May 23, 2012 -ss- Shelby Hanvey Deputy City Clerk P2Oublish one time only In the Press Enterprise Mayes Amount $74.80 $74.80 $0.00 $74.80 Page 1 of 1 THE PRESS -ENTERPRISE 3450 Fourteenth Street Riverside, CA 92501-3878 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P) Publication(s): Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: / ORD NO. 1021 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, and under date of August 25, 1995, Case Number 267864; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 05/28/2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: May 29, 2012 At: Riverside, California L.) BEAUMONT, CITY OF / LEGAL 550 E SIXTH ST BEAUMONT, CA 92223 Ad Number: 0000810266-01 P.O. Number: ORD NO. 1021 Ad Copy: CITY OF BEAUMONT LEGAL NOTICE NOTICE 15 HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, June 5. 2012 at approximately 6:00 p.m, in room 5 at the Beaumont Civic 92223, toreceivetestimony E. 6th Street, and comments from all interested persons regarding the adoption of the following rnotter(s): Ordinance No. 1021 An Urgency Ordinance of the City Council of the City of Beaumont, California, Extending for 10 Months 15 days the Terms and Conditions of Ordinance No. 1018, De- claring a Moratorium on the Approval of the Collective Cultivation andior Distribution of Medical Marijuana within the City to Allow the City Council time to Study and Consider Enactment of Development Standards (Government Code 65858) Dote: May 23, 2012 -ss- Shelby Hanve Publish one time only in the Press Enterprise DfMaity y 28 2012528 ORDINANCE NO. 1022 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 17C OF COMMUNITY FACILITIES DISTRICT NO. 93-1 WHEREAS, the City Council of the City of Beaumont (respectively, the "City Council" and the "City") duly adopted Resolutions establishing "City of Beaumont Community Facilities District No. 93-1" (the "CFD"), including separate improvement areas, and authorizing the levy of special taxes to pay for services and for certain public facilities for the Community Facilities District under and pursuant to the terms and provisions of the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Code"); and WHEREAS, on May 15, 2012, the City Council adopted Resolution No. 2012-23 stating its intention to annex and establish Improvement Area No. 17C of the CFD ("Improvement Area No. 17C" or the "Improvement Area") to fmance a portion of the cost of providing street maintenance and sweeping, parkway and median landscaping maintenance, street lighting and traffic signal operations and maintenance, storm water facility operation and maintenance, open space and multipurpose trails maintenance within easements, public rights-of- way, green belts and open space, storm drain, water quality and flood control facilities that are in addition to those provided in the territory prior to the formation of the Improvement Area (the "Services"), and to fmance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities"); and WHEREAS, on May 15, 2012, the Council also adopted Resolution No. 2012-27 stating its intention and the necessity to incur bonded indebtedness in the amount of not to exceed $20,000,000 for Improvement Area No. 17C to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to establish the Improvement Area, to levy the Special Tax, to establish an appropriations limit and to incur bonded indebtedness in the amount not to exceed $20,000,000 for the Improvement Area; and WHEREAS, on July 3, 2012 the City Council held a duly noticed public hearing as required by law relative to the determination to proceed with the establishment of the Improvement Area, the rate and method of apportionment and manner of collection of the special tax to be levied within the Improvement Area to pay for the Services and for the Facilities, including the special tax to be levied within the Improvement Area to pay the principal and interest on the proposed bonded indebtedness of the Improvement Area, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and 1022 - BMT 17C Ordinance No vocb WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the establishment of the Improvement Area, the levy of the Special Tax and the incurring of bonded indebtedness by the Improvement Area were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2012-31, which determined the validity of prior proceedings and called an election within the Improvement Area for July 3, 2012, on the proposition of levying a special tax, setting an appropriations limit and establishing the Improvement Area; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006-32, which called an election within the Improvement Area for July 3, 2012, on the proposition of incurring bonded indebtedness in an amount not to exceed $20,000,000; and WHEREAS, on July 3, 2012, an election was held within the Improvement Area in which the qualified electors approved by more than two-thirds vote the proposition of levying a special tax, setting an appropriations limit, and incurring bonded indebtedness; THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Services Special Tax") is levied within the boundaries of the Improvement Area pursuant to the Rate and Method of Apportionment of Special Tax (the "Rate and Method") set forth in Exhibit "A" attached hereto and incorporated by reference, in an amount necessary to pay all of the costs of providing the Services, periodic costs, and costs of the tax levy and collection, and all other costs related thereto. SECTION 2. A special tax (the "Special Tax") is levied within the boundaries of the Improvement Area pursuant to the formulas set forth in the Rate and Method in an amount necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. SECTION 3. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in the Rate and Method. SECTION 4. All of the collections of the Services Special Tax and Special Tax shall be used as provided for in the Act and Resolution No. 2012-31 of the City Council (Resolution of Formation). SECTION 5. The above authorized Services Special Tax and the Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency provided for ad valorem taxes; provided, however, that the CFD may collect the Services Special Tax and the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. 2 1022 - BMT17C Ordinance No xxxb SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the text of this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the City Council Members voting for and against the ordinance. SECTION 7. This ordinance relating to the levy of the Services Special Tax and the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. 3 1022 - BMTI7C Ordinance No xxxb MOVED AND PASSED upon first reading this 3rd day of July, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Gall. NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 21 s tday of August, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall. NOES: None ABSTAIN: None ABSENT: 3done 1 4 Mayor of the City of Bea ont 1022 - BMT 17C Ordinance No xxxb EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 17C (TOURNAMENT HILLS) OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF T1[E CITY OF BEAUMONT A Special Tax as hereinafter defined shall be levied on and collected in Improvement Area No. 17C ("IA No. 17C") of Community Facilities District No. 93-1 of the City of Beaumont ("CFD No. 93- 1") each Fiscal Year, in an amount determined by the City Council of the City of Beaumont through the application of the appropriate Special Tax for "Developed Property," "Final Map Property," and "Undeveloped Property," as described below. All of the real property in IA No. 17C of CFD No. 93-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable fmal map, parcel map, condominium plan, or other recorded County parcel map. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City to carry out the administration of IA No. 17C of CFD No. 93-1 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of IA No. 17C, and costs otherwise incurred in order to carry out the authorized purposes of IA No. 17C. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 93-1. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from A-1 1022 - BMT17C Ordinance No xxxb banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for Facilities have been pledged. "Building Permit" means a permit for new construction for a residential dwelling or non-residential structure. For purposes of this defmition, "Building Permit" shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 93-1" means Community Facilities District No. 93-1 established by the City under the Act. "City" means the City of Beaumont. "City Council" means the City Council of the City, acting as the Legislative Body of CFD No. 93-1, or its designee. "Consumer Price Index" means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles -Riverside -Orange County area. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels that: (i) were issued Building Permits on or before June 1s1 preceding the Fiscal Year in which the Special Tax is being levied, and (ii) were created on or before the January 1' preceding the Fiscal Year in which the Special Tax is being levied, and that each such Assessor's Parcel is associated with a Lot, as reasonably determined by the City. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Tax as determined in Section J. "Facilities and Fee Credit Agreement" means that certain Facilities and Fee Credit Agreement by and among the City, CFD No. 93-1, and Pardee Homes relating to IA No. 17C. "Final Map" means a subdivision of property evidenced by the recordation of a fmal map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to Califomia Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision. "Final Map Property" means all Assessor's Parcels: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit was not issued prior to the June 1'` preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. A-2 1022 - BMT17C Ordinance No mod, "Improvement Area No. 17C" or "IA No. 17C" means Improvement Area No. 17C as boundary map of CFD No. 93-1. "Lot" means an individual legal lot created by a Final Map, identified by an Assessor's for which a Building Permit could be issued. "Maximum Special Tax" means the Maximum Special Tax for Facilities and Maximum Services. depicted on the Parcel Number Special Tax for "Maximum Special Tax for Facilities" means the maximum Special Tax, determined in accordance with Section C that can be levied by CFD No. 93-1 in any Fiscal Year on any Assessor's Parcel. "Maximum Special Tax for Services" means the maximum Special Tax, determined in accordance with Section C that can be levied by CFD No. 93-1 in any Fiscal Year on any Assessor's Parcel. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit was issued for any type of non-residential use. "Operating Fund" means a fund that shall be maintained for IA No. 17C of CFD No. 93-1 for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Service Area, and the Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that (i) the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels and (ii) the ratio of the actual Special Tax for Services levy to the applicable Maximum Special Tax for Services is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) the actual Special Tax for Facilities levy less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential dwelling units. "Service Area" means the landscape parkways, neighborhood park, easements and green belts within the boundaries of IA No. 17C and the City of Beaumont, and IA No. 17C's fair share of storm drain and flood control facilities. "Special Tax" means Special Tax for Facilities and Special Tax for Services. A-3 1022 - BMT17C Ordinance No xxxb "Special Tax for Facilities" means any of the special taxes authorized to be levied by CFD No. 93-1 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax for Services" means any of the special taxes authorized to be levied by CFD No. 93-1 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement" means Special Tax Requirement for Facilities and Special Tax Requirement for Services. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year for IA No. 17C to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) the amount for reasonably anticipated Special tax for Facilities delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal year and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by IA No. 17C provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Final Map Property or Undeveloped Property. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for IA No. 17C equal to (i) the budgeted costs of the maintenance, repair and replacement of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in IA No. 17C for the previous Fiscal Year, less (iv) the Operating Fund Balance. "Taxable Property" means all Assessor's Parcels within CFD No. 93-1 which are not Exempt Property. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property or Final Map Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2011-2012, each Assessor's Parcel within IA No. 17C shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Final Map Property or Undeveloped Property. Lastly, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non Residential Property. SECTION C MAXIMUM SPECIAL TAXES 1. Developed Property a. The Maximum Special Tax for Facilities for each Assessor's Parcel of Residential Property that is classified as Developed Property in any Fiscal Year, shall be the amount determined by the greater of (i) the application of the Assigned Special Tax for Facilities in Table 1 or (ii) the application of the Backup Special Tax for Facilities. The Maximum Special Tax for Facilities for each Assessor's Parcel of Non -Residential Property that is classified as Developed Property in any Fiscal Year shall be the Assigned Special Tax for Facilities in Table 1 of Section D. A-4 1022 - BMT17C Ordinance No xxxb b. Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table 1 and the Assigned Special Tax for Facilities on Final Map Property and Undeveloped Property set forth in Section D.2 may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council and in effect as of the date the Resolution of Formation to establish IA No. 17C is adopted by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in the Goals and Policies or if requested in writing by the property owner in accordance with the Facilities and Fee Credit Agreement, the Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying Table 1) to the amount necessary to satisfy the City's objective, or such property owner's written request pursuant to the Facilities and Fee Credit Agreement, with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Final Map Property and Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Attachment No. 1. c. The Maximum Special Tax for Services for each Assessor's Parcel of Residential Property that is classified as Developed Property for Fiscal Year 2011-2012 shall be $303.28 per dwelling unit. The Maximum Special Tax for Services for each Assessor's Parcel of Non - Residential Property that is classified as Developed Property for Fiscal Year 2011-2012 shall be $1,886 per Acre. On each July 1, commencing July 1, 2012, the Maximum Special Tax for Services for the prior Fiscal Year shall be adjusted by an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year. 2. Final Map Property a. The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Final Map Property shall be the Assigned Special Tax for Facilities in Section D. b. The Maximum Special Tax for Services for each Assessor's Parcel classified as Final Map Property in Fiscal Year 2011-2012 shall be $1,886 per Acre. On each July 1, commencing July 1, 2012, the Maximum Special Tax for Services for the prior Fiscal Year shall be adjusted by an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year. 3. Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Undeveloped Property shall be the Assigned Special Tax for Facilities in Section D. A-5 1022 - BMT17C Ordinance No xxxb SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for any Fiscal Year shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX RATES FOR FACILITIES FOR DEVELOPED PROPERTY Land Use Type Building Square Footage Assigned Special Tax for Facilities for Fiscal Year 2011-2012 Residential Property Less than 1,900 $1,875 per dwelling unit Residential Property 1,901-2,099 $1,971 per dwelling unit Residential Property 2,100-2,299 $2,181 per dwelling unit Residential Property 2,300-2,499 $2,216 per dwelling unit Residential Property 2,500-2,699 $2,251 per dwelling unit Residential Property Greater than 2,700 $2,321 per dwelling unit Non -Residential _ N/A $12,897 per acre 2. Final Map Property and Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Final Map Property and Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities for an Assessor's Parcel classified as Final Map Property or Undeveloped Property for Fiscal Year 2011-2012 shall be $12,897 per acre. 3. Increase in the Assigned Special Tax for Facilities On each July 1, commencing on July 1, 2012, the Assigned Special Tax for Facilities for each Assessor's Parcel of Developed Property, Final Map Property, and Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP SPECIAL TAXES FOR FACILITIES Each Fiscal Year, each Assessor's Parcel of Developed Property classified as Residential Property shall be subject to a Backup Special Tax for Facilities. In each Fiscal Year, the Backup Special Tax for Facilities rate for Developed Property classified as Residential Property within a Final Map shall be the rate per Lot calculated according to the following formula: B= RxA L A-6 1022 - BMT17C Ordinance No xxxb The terms above have the following meanings: B = Backup Special Tax for Facilities per Lot in each Fiscal Year R = Maximum Special Tax for Facilities rate per Acre for Undeveloped Property for the applicable Fiscal Year A = Acreage of Developed Property classified or to be classified as Residential Property in such Final Map. L = Lots in the Final Map which are classified or to be classified as Residential Property. Each July 1, commencing on July 1, 2012, the Backup Special Tax for each Assessor's Parcel shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Notwithstanding the foregoing, if all or any portion of the Final Map(s) described in the preceding paragraph is subsequently changed or modified, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property classified or to be classified as Residential Property in such Final Map area that is changed or modified shall be a rate per square foot of Acreage calculated as follows: 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified Final Map area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Developed Property classified or to be classified as Residential Property which is ultimately expected to exist in such changed or modified Final Map area, as reasonably determined by the City. 3. The result of paragraph 2 above shall be divided by 43,560. The result is the Backup Special Tax for Facilities per square foot of Acreage which shall be applicable to Assessor's Parcels of Developed Property classified as Residential Property in such changed or modified Final Map area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES AND THE SPECIAL TAX FOR SERVICES 1. Commencing Fiscal Year 2011-2012 and for each subsequent Fiscal Year, the City Council shall levy a Special Tax for Facilities on all Taxable Property within IA No. 17C until the amount of Special Tax for Facilities equals the Special Tax Requirement for Facilities in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table 1 as needed to satisfy the Special Tax Requirement for Facilities. A-7 1022 - BMT17C Ordinance No xxxb Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Undeveloped Property pursuant to Section J, at up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then for each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property classified as Undeveloped Property pursuant to Section J at up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. 2. Commencing Fiscal Year 2011-2012 and for each subsequent Fiscal Year, the City Council shall levy a Special Tax for Services on all Taxable Property within IA No. 17C until the amount of Special Tax for Services equals the Special Tax Requirement for Services in accordance with the following steps: Step One: The Maximum Special Tax for Services shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for Services as needed to satisfy the Special Tax Requirement for Services. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Maximum Special Tax for Services shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Maximum Special Tax for Services applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Services. Under no circumstances will the Special Tax for Facilities or the Special Tax for Services levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within CFD No. 93-1 by more than ten (10) percent of the Special Tax that would be levied in that Fiscal Year, if there were no delinquencies, pursuant to California Government Code Section 53321(d), as in effect on the date of formation of CFD No. 93-1. A-8 1022 - BMT17C Ordinance No xxxb SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following definitions apply to this Section G: "CFD Public Facilities" means $6,300,000 expressed in 2012 dollars, which shall increase by the Construction Inflation Index on January 1, 2013, and on each January 1 thereafter, or such lower number as (i) shall be determined by the City as sufficient to provide the public facilities under the authorized bonding program for CFD No. 93-1, or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 93-1. "Construction Inflation Index" means the annual percentage change in the Engineering News -Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News - Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued bonds issued and secured by the levy of Special Tax for Facilities which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding bonds to be redeemed at a later date with the proceeds of prior prepayments of the Maximum Special Tax for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, an Assessor's Parcel of Final Map Property or Undeveloped Property for which a Building Permit has been issued or an Assessor's Parcel of Undeveloped Property that is classified as Undeveloped Property pursuant to Section J may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 93-1 in calculating the proper amount of a prepayment. Within 15 days of receipt of such non-refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor's Parcel. A-9 1022 - BMT17C Ordinance No xxxb The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance plus Administrative Fee less Reserve Fund Credit equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For Assessor's Parcels of Developed Property, compute the Assigned Special Taxes for Facilities and the Backup Special Taxes for Facilities applicable to the Assessor's Parcel. For Assessor's Parcels of Final Map Property or Undeveloped Property, excluding any Undeveloped Property pursuant to Section J, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities applicable to the Assessor's Parcel as though it was already designated as Developed Property based upon the Building Permit issued or to be issued for that Assessor's Parcel. For Assessor's Parcels classified as Undeveloped Property pursuant to Section J, compute the Assigned Special Tax for Facilities. 2. For each Assessor's Parcel of Developed Property, Final Map Property, Undeveloped Property, or Undeveloped Property pursuant to Section J to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by Outstanding Bonds. The product shall be the "Bond Redemption Amount." 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium." 5. Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2 (a) or 2 (b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). A-10 1022 - BMT17C Ordinance No xxxb 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds. 8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds. 9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance." 10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than O. 12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit. With respect to the Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 93-1 that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a Building Permit has been issued and will be A-11 1022 - BMT17C Ordinance No xxxb classified as Developed Property in the next Fiscal Year, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP = ((PG — A) x F) + A The terms above have the following meanings: PP = the Partial Prepayment Amount. PG = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A = the Administrative Fee calculated according to Section G.10. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the records of CFD No. 93-1 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation, to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities for shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessors' Parcels subject to the Special Tax for Facilities. If any delinquent Special Tax for Facilities remain uncollected prior to or after all Bonds are retired, the Special Tax for Facilities may be levied to the extent necessary to reimburse CFD No. 93-1 for uncollected Special Tax for Facilities associated with the levy of such Special Taxes for Facilities, but not later than the 2056-2057 Fiscal Year. The Special Tax for Services shall be levied as long as it is needed to meet the Special Tax Requirement for Services, as determined at the sole discretion of the City Council. SECTION J EXEMPTIONS The City shall classify as Exempt Property (i) Assessor's Parcels owned by the State of California, Federal or other local governments, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels used exclusively by a homeowner's association, or (iv) Assessor's Parcels with public A-12 1022 - BMT17C Ordinance No 'iamb Attachment No. 1 CITY OF BEAUMONT AND CFD NO. 93-1 IMPROVEMENT AREA NO. 17C CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment of Special Tax (the "RMA"), the City of Beaumont (the "City") and Community Facilities District No. 93-1 Improvement Area No. 17C of the City of Beaumont ("CFD No. 93-1 IA No. 17C") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property and Undeveloped Property: (a) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within CFD No. 93-1 IA No. 17C shall be modified as follows: [insert Table 1 showing effective change to special tax rates and/or insert change to special tax rates for Undeveloped Property] 2. Table 1 may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 93-1 IA No. 17C the City shall cause an amended Notice of Special Tax Lien to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Beaumont and CFD No. 93-1 IA No. 17C, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF BEAUMONT By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 93-1 IMPROVEMENT AREA NO. 17C OF THE CITY OF BEAUMONT By: Date: A-14 1022 - BMT17C Ordinance No xxxb PUBLIC REPORT FOR IMPROVEMENT AREA NO. 17C OF COMMUNITY FACILITIES DISTRICT NO. 93-1 OF THE CITY OF BEAUMONT Prepared for: CITY OF BEAUMONT 550 East Sixth Street Beaumont, California 92223 Submitted by: McFarlin & Anderson LLP Urban Logic Consultants City of Beaumont June 27, 2012 TABLE OF CONTENTS Section Page I. INTRODUCTION 3 II. PROJECT DESCRIPTION 3 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES AND SERVICES 4 A. Description of Proposed Public Improvements and Services 4 B. Estimated Cost of Proposed Public Improvements 5 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES 5 A. Projected Bond Sales 5 B. Incidental Bond Issuance Expenses 5 C. Expenses for the Annual Levy of Special Taxes 6 V. SUMMARY OF THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX 6 VI. DESCRIPTION OF BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 8 EXHIBITS Exhibit A Exhibit B Exhibit C Rate and Method of Apportionment Description of Facilities and Services Assessor's Parcel Numbers (APN) I. INTRODUCTION WHEREAS, the City Council of the City of Beaumont did, pursuant to the provisions of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly ordered the filing of a written "Report" with the legislative body of the proposed community facilities district. This community facilities district being Community Facilities District No. 93-1 Improvement Area No. 17C of the City of Beaumont ("CFD 93-1 IA 17C"); and WHEREAS, on May 15, 2012 Resolution No. 2012-23 which sets forth the Resolution of Intention to Establish Community Facilities District No. 93-1 Improvement Area No. 17C of the City of Beaumont and to Authorize the Levy of Special Taxes therein ordering the Report did direct that said Report generally contain the following: 1. A description by type of the public facilities, fees, and services proposed to be financed (the "Facilities" and the "Services"), which will be required to adequately meet the needs of CFD No. 93-1 IA 17C; 2. An estimate of the fair and reasonable cost of the Facilities for CFD No. 93-1 IA 17C, including the cost of acquisition of lands, right-of-way and easements, fees, and physical facilities required in conjunction therewith, and incidental expenses in connection with said financing, including the costs of bond financing and all other related expenses as provided in Section 53345.3 of the Act. NOW, THEREFORE, the appointed Special Tax Consultant, was directed to prepare the Report pursuant to the provisions of the Act, and do hereby submit this Report to the City Council of the City of Beaumont. II. PROJECT DESCRIPTION The purpose of CFD No. 93-1 IA 17C is to (i) finance the acquisition, purchase, modification, expansion, improvement, rehabilitation, lease and/or construction of certain public facilities and connection and capacity fees which benefit the property proposed for development; pay for approved services; and (iii) pay incidental expenses incurred in connection therewith. Public Facilities that may be financed by CFD No. 93-1 IA 17C are described in Section III A below. CFD No. 93-1 IA 17C is generally located westerly of Interstate 10 and Desert Lawn Drive, north of Oak Valley Parkway, and south of Champions Parkway, in the City of Beaumont. The current designated Assessor's Parcel Number (APN) for CFD No. 93-1 IA 17C, as shown on Exhibit A, includes: Property Description (APN) 400-580-024 through 400-580-049 400-590-021 through 400-590-051 400-610-001 through 400-610-037 400-620-001 through 400-620-046 400-630-001 through 400-630-070 400-630-076 through 400-630-078 CFD No. 93-1 IA 17C will ultimately consist of 216 single family homes with a minimum of 36.52 acres to be taxable under the Rate and Method of Apportionment for CFD 93-1 IA 17C, attached herein as Exhibit C. CFD Public Report for CFD 93-1 Improvement Area 17C June15, 2012 Page 3 of 8 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES A. Description of Proposed Public Improvements and Services A community facilities district may provide for the purchase, construction, expansion or rehabilitation of any real or tangible property, including public facilities and infrastructure improvements, with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring within the community facilities district. In addition, a community facilities district may pay in full all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the community facilities district. Authorized public facilities and services to be financed by CFD No. 93-1 IA 17C, as shown on Exhibit B, include the following: Facilities: Critical Facilities. Transportation facilities, domestic water facilities, recycled water facilities, sewer transmission and treatment facilities, traffic signals and street lighting facilities, public safety, public works and administrative facilities, watershed management and storm drain facilities, regional park, open space and trail facilities, and appurtenances, including studies, utilities, facility fees, plans and permits, and planning, engineering and environmental reports and in connection therewith. Joint Facilities. San Timoteo sewer system and appurtenant facilities, including studies, utilities, facility fees, plans and peuiiits, and planning, engineering and environmental reports in connection therewith. Individual Facilities. Transportation facilities, domestic water facilities, recycled water facilities, sewer transmission and treatment facilities, traffic signals and street lighting facilities, public safety, public works and administrative facilities, watershed management and storm drain facilities, community parks and multipurpose trails and appurtenant facilities, including studies, utilities, facility fees, plans and permits, and planning, engineering and environmental reports and in connection therewith. Services: Services shall include those services necessary for street maintenance and sweeping, parkway and median landscaping maintenance, street lighting and traffic signal operations and maintenance, stormwater facility operation and maintenance, open space and multipurpose trails maintenance within easements, public rights -of way, green belts and open space, for the benefit of Improvement Area No. 17C and the City, to the extent authorized by the Mello -Roos Community Facilities Act of 1982, as amended. Costs and Incidentals: The costs and expenses authorized to be levied pursuant to the proceedings shall be limited to those directly incurred in providing the Facilities and Services, as such terms are defined above, CFD Public Report for CFD 93-1 Improvement Area 17C Junel5, 2012 Page 4 of 8 including those necessary to authorize, levy and administer the special tax such as special tax consultants, City administrative charges and legal costs; and the cost of debt obligations pursuant to Section 53345.3 of the Act, including the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; bond discount fees; capitalized interest, and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, appraiser, market absorption consultant, financial advisor, trustee or fiscal agent, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit and other credit enhancement costs, and printing costs. The preceding facilities and services which the legislative body creating CFD No. 93-1 IA 17C are authorized to own, construct, finance, or maintain, are required, in part, to adequately meet the needs of CFD No. 93-1 IA 17C. The facilities described herein are those currently, in whole or part, expected to be financed and maintained by CFD No. 93-1 IA 17C. The Special Taxes required to pay for the construction or acquisition, and maintenance of said facilities and payment of said fees and services will be apportioned as described in the Rate and Method of Apportionment of the Special Tax for CFD No. 93-1 IA 17C. Public facilities proposed to be financed are more specifically described in Exhibit B, attached herein. B. Estimated Cost of Proposed Public Facilities and Fees The costs listed in the following Table 1 are estimates only. Actual costs may differ from those estimated below. Table 1 Community Facilities District No. 93-1 IA 17C Estimate Cost for Proposed Public Facilities Description of Improvement Estimated Cost Critical Facilities: Joint Facilities: Individual Facilities Total Estimated Costs of Facilities and Fees Debt Service Reserve Fund Capitalized Interest Fund Underwriter's Discount Incidental Expenses Total Costs of Financing and Formation Bond Contingency Grand Total Costs $ 15,191,201 $ 2,180,924 $ 1,080,000 $ 18,452,125 $ 136,900 $ 684,500 $ 376,475 $ 350,000 $ 1,547,875 $ 20,000,000 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES A. Projected Bond Sales The maximum authorized bonded indebtedness for CFD No. 93-1 IA 17C is $20,000,000. B. Incidental Bond Issuance Expenses CFD Public Report for CFD 93-1 Improvement Area 17C June15, 2012 Page 5 of 8 Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds due and payable within two years of the issuance of the bonds; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, appraiser, market absorption consultant, trustee, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. C. Expenses for the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, fees, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the community facilities district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district; any other expenses incidental to the construction, completion, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 93-1 IA 17C may vary, it is anticipated that the amount of special taxes which can be collected will be sufficient to fund at least $25,000 in annual administrative expenses. V. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX All of the property located within CFD No. 93-1 IA 17C, unless exempted by law or by the adopted Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary facilities, fees and services for CFD No. 93-1 IA 17C. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. Exhibit A presents the Rate and Method of Apportionment for CFD No. 93-1 IA 17C, to be adopted as a part of the Resolution of Formation. The Rate and Method of Apportionment provides information to allow each property owner within CFD No. 93-1 IA 17C to estimate the maximum annual Special Tax to be paid, including a procedure for any subsequent reduction of Special Tax Rates prior to the issuance of Bonds. Changes in the Description of Facilities and Services The Description of Facilities and Services, Services Section has not been amended since the Resolution of Intention. In order to establish the Assigned Special Tax rates for Facilities, Services, and the Backup Special Tax rate, and as set forth in the Rate and Method of Apportionment for CFD No. CFD Public Report for CFD 93-1 Improvement Area 17C June1 S, 2012 Page 6 of 8 93-1 IA 17C, the City of Beaumont has relied on information regarding absorption, land -use types, net taxable acreage, and taxable property provided to it by others and has not independently verified such data and disclaims responsibility for the impact of inaccurate data, if any, on the Rate and Method of Apportionment for CFD No. 93-1 IA 17C, including the inability to meet the financial obligations of CFD No. 93-1 IA 17C. The approved Special Tax rates for CFD No. 93-1 IA 17C are as follows: TABLE 2 ASSIGNED SPECIAL TAX RATES FOR FACILITIES FOR DEVELOPED PROPERTY Land Use Type Building Square Footage Assigned Special Tax for Facilities for Fiscal Year 2011-2012 Residential Property Less than 1,900 $1,875 per dwelling unit Residential Property 1,901-2,099 $1,971 per dwelling unit Residential Property 2,100-2,299 $2,181 per dwelling unit Residential Property 2,300-2,499 $2,216 per dwelling unit Residential Property 2,500-2,699 $2,251 per dwelling unit Residential Property Greater than 2,700 $2,321 per dwelling unit Non -Residential N/A $12,897 per acre On each July 1, commencing on July 1, 2012, the Assigned Special Tax for Facilities for each Assessor's Parcel shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Backup Special Taxes for Facilities: Each Fiscal Year, each Assessor's Parcel of Developed Property classified as Residential Property shall be subject to a Backup Special Tax for Facilities. In each Fiscal Year, the Backup Special Tax for Facilities rate for Developed Property classified as Residential Property within a Final Map shall be the rate per Lot calculated according to the formula presented in the Exhibit C Rate and Method of Apportionment. Each July 1, commencing on July 1, 2012, the Backup Special Tax for each Assessor's Parcel shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. Special Tax for Services: In addition, a Special Tax for Services shall be levied. The Maximum Special Tax for Services for each Assessor's Parcel of Residential Property that is classified as Developed Property for Fiscal Year 2011-2012 shall be $303.28 per dwelling unit. The Maximum Special Tax for Services for each Assessor's Parcel of Non -Residential Property that is classified as Developed Property for Fiscal Year 2011-2012 shall be $1,886 per Acre. On each July 1, commencing July 1, 2012, the Maximum Special Tax for Services for the prior Fiscal Year shall be adjusted by an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year. Prepayment: The Special Tax for Facilities may be prepaid in part or in total as presented in Exhibit A, Rate and Method of Apportionment. CFD Public Report for CFD 93-1 Improvement Area 17C June1 S, 2012 Page 7 of 8 VI. BOUNDARIES FOR COMMUNITY FACILITIES DISTRICT NO. 93-1 IA 17C The boundaries of CFD No. 93-1 IA 17C include all land on which the Special Taxes may be levied. The Council approved the Amended Map No. 20, Proposed Boundary Map of Community Facilities District No. 93-1 as a part of the Resolution of Intention. A map of the area included within CFD No. 93-1 IA 17C, is on file in City Clerk's Office and is made by reference herein. It was recorded in the Office of the Riverside County Recorder of the County of Riverside, State of California, on June 21, 2012 as Instrument No. 2012-0288026, Book No. 75 of Maps of Assessment and Community Facilities at Page 62, in compliance with Section 3110, et seq., of the Streets and Highways Code of the State of California and the Act. Respectfully Submitted. City of Beaumont CFD Public Report for CFD 93-1 Improvement Area 17C June15, 2012 Page 8 of 8 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 71878 Notice — No. 17C -Resolution No. 2012-23 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 06/22, 2012 Executed on 06/22, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature by the npds- errsent nu - l0. the Im- td: the xouncu of r,ont lre- cil ani " ) acting as §l � atid!t body$ of theommun -facilities District,�has declared its.in- itetntion o ,) -annex certain rrr escnbed in Ezj - R to the R esolution,as area a;pecial =tax k'ax") 4parsy- ant t{ Rate,and Method of- poph®nment„of Spl taxfor;.ftnprovem nit Area NO i 7C ttfe pate and rtionment") r public fa- cil ens and eervipQs",for the Cpmiriun *10,0 tieoves = Dis- tnct, -arid (iiii)� ,pran appropriations )�.for,.the Ir 1p;catam nt Pire Infur- Ceranlet adr bis e ier- eteto. n a CeguuEed e ,the ov penf ..ate -Oft 9. fte. Fa- ntal efeto taie� tri i e lso pon (tat e atm = d •Method of Apportionment for the imprra9eh1ertt A1ee Cotrmlu- lm! #a 1Iities ` District Boun Oes. Boundaries of the territory;-incluicted in the lmpr Arnent ,Area,.and. the Coma' a l actlities Dis- trict more Oatia ularly descry - a ani hewn -Ex- hibti10 .the e%?lution atidin that certain ap en- ititl w reridedf M p ;N° o. 21 � £Coni unity Facilities O fifnnct N x. 931, City of i eaumont ounty ot:River- side Stateof 'C lif di'hia" filed Tor red0rdation n May 31;12012; .inthe offic t e CCounty ty :014'99:1°14,1415 tate the oun of `Californias copy '-of which is avtiilabie8tie City ,Offices_ sate end Method of,4114-, nii1,40 of Special Ya>E e rate, method of ' r ionment anci manner= ection of such prgpo col, tax for the .v enr Area are set tiiilh iiri iibit C' to Reactitfti®r 1®F— .201243. Exhibit C prt vtriecs sufficient 1.•i fo a low h mild- owner or •reside?Ct"tiitithiri the lrnve proment ►tea ;tp . esti- mate the maxirearatemount that such-pereerv-S illl-have to paylforthe fiaoilfiesa as authorized 'therein, Copies of ttte�ftate_ and sMetthod.of Aeee tfoninent for the 1'm- proverhent Area *wail- able at t City =Offices. Public .Ijeaneg-Sate,; July 3,----012 »frrne - 6:Of3- P.M 'City' Ci unci] Ghaml a ,Q ast' £i3xth Stmt Beau. nt, alifornia the houC-of Coun'cfl 550 -•: Beaum 92223; or ter a's. th heafd� "+afifor�iia p thereaf r-trray be ilf tfity. iS er,the r vement ida lent etail to allow each", land- ener` r resident Within the fproitel-neit=-Area._to esti- Ate thew ihnukyamount et-:suchperson will Jyav`- pay for the Facies a uthonzedlherein off theRate'and Method +'�Ypportonmeht "for thr Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 71878 Notice — No. 17C -Resolution No. 2012-23 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 06/22, 2012 Executed on 06/22, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. 2012 .M.Plece hambe4550 tree( Bea3u l our fd6- ^ity Council 5o EiPtFfIR avail; ffices te;s;July 6:00 Council ;sixth aliform 0=112;`fat ,,an -the Members, Street, hernia 9,3 _off areal ter as Sea ay be -heard, a public ling will be helr3 At h =the City Council olieff1 `insider the annexation ,ot,' tovement Resolution t+Jo ; .2012>28. Exhibit C.proeidessitficieht detail to a11ow „each` .land. owner;or resident within.,tte Improvement `Area to esti.- mate~'the maximum amount that:Oct person' will have to.„pay,sfor,the Facilities ,as authorized4there_in. Copies of the Rate and Method of Apportionment for the .Im- provement Area are: avail- ablee''a tiae City offices. Public He rw„Date: July 3, 2012 , %Tune: 6:00 •P Ivlrt�taee amity r (3ouncil Chamib`ers -0' Eat Sixth Strut; Beaurnont, California 92,3Qn July, 3,-,20,42, ,;tat the VOr., of 600 M in the City, : ou hatnbe s, 550 East Sixth Street, 13e0,0111,,27,:1- 2 ear ort ,2 : „- : FC forma 9 -2; or ass n t reaf- r hea n .fie hetear.,, public 'sauna will be held at ,-wh hi the `City Council' shalt ;consider the annexationi? t'.,-.n[3,G0 hent or ° i e f” life re�iered voted=, Or srz (6 Istered vet er ' -which Jar, : is gra _ ink;within the Imra :or—by (he c' s o o e half (2 ,orfmore thie area ,of land in included wit ie q. th lrnprovement d uc rotepts are t"o re- duce {#e protests tb less Shan analor F ho further proceedings shat rider- respeet tto; the it rfrom the (op, of -the City fbltiwing the ng `.described ity ouncil'de- ' "authorize the r- of the._ Facilities ro a es to ie p. pas vy: a special tax within the fmptojernentArea, the CityCouncil shall then sub- mit'1hie proceedings,' to the qualified electorswithin the .boundaries of the Tri - merit Area. $f at least twelve '112) -.persons,. who need not neycessaralytpe the same twelve (12) persons, •have bpeo regf$ier.e&?to vote yrithin . the bolrgaries of the Improvement Area for,..e cfh 01 0. '• . - ). days preceding the close of the public -hearing the lute shall be byregistered- mot- ers of the feiprovement Area wiitfr each. voter having one (t) vote Otherwise, the vote shall be a maited ballot election, consistent with Section 53327.55'01 the Act,--bythe• landowners 'of the improvement x.Area -who are the owners of �record,at the. close of the public -hear ing, with each }1 BoWner having . one: (1) Note for each acre or portions of an acre of land owned within the improvement Area. The number.-pf=votes.tg-.be voted by a partirlar land- owner ,shall be specified, on the' balld Itirq ,• < © stat ner copy o esolution. • No 2012-23, aitciudrng the par- cels included n -.Abe ; Im- provemeet Area =attached thereto as ,Exhibit X, the Descnpt (in of Service's,' and Facilities attached thereto as', Exhibit B and4he Rate and(;Method of •,ftppor n• ment of Special Tax.for the improvement Area attached thereto•asMC-xhibit C, h been posted n th icei5t' the `City'Cle`rk a atfeil ablefor--revieb by-tny'.inter ested persons ?.x}. DAT-ED.-Jurte14;-20412 /sI Karen Tl K ren Tho . v Cit nipty Clerkpn Oitl' of BeatiffiPt 4' 1'ibli'sti The R0.0hr azette o.11878 0612201;: Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 71879 Notice — BMT No. 17C -Incur Bonded State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 06/22, 2012 Executed on 06/22, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. A/LL Signature HEREBY hearing e pity o rii of Gurtmont the public onded t amn ty Mll- too, n rove - Be umoe The arap._ set tforre 'ab -st pro emgnt r as. ast`e mat - a �e Q011q.l, u- .223 ,t k�Ro the y 0s r . uracil . of it o :. ont(the gyp: h s,; heaeidfore esofution .1N,19 2 , slating .the Coun- nase in o . Atip ?ropei 11 ..; useful I�o 1pnr ueel, trastru�cture' other govern lies„ b Bary to ane it rea ed demands pl: � F i bn the City -as; a res ur t- i lues��: of y Berl the e e;r r - on, expan- itat�op pt er- r et ngible estimated iv�gars or n ti, c in- sd ,m,,:and mcili- velr pment�ar re - ha' ecurringh,.within the ?proposed Improvement Area (the "Facilities )r -and- WHEREAS, in order 10 ,1- t y- nance the ,°Facilities it is necessar Incur bled indebtedne9,9441t.'arrlo�ent not+to exced 24 i,Qo,QQ9 the repayments of whigh pis JR -be be se u , by Ssp jal tars levied, in,:cc C9anee with S' ot1On a34Q et meq: of theAct: alt pro within :the � Jm verrtent - Areak it#rdr th ese properties r �esem taxation pov 41-.M4:41-0qrMt -tip�# Mbit C ,oto-. -F E. Vie; 0willir s< fi>- f:;de 4944 . equipment ,,the or an ;ar!aotval-, carrymfgroutrth purpesef.th con - end s and FD for the Record Gazette 218N Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 71879 Notice — BMT No. 17C -Incur Bonded State of Calffornia) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 06/22, 2012 Executed on 06/22, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature '0 Mef t. includ . ` the fi- s=associ- nce1O1 1;other Tice per- pursu- to $2©,O0Q interest' e ,12 icer stacti ra t the mom" m ted by, tiew bppds.are typed The tgr .ftlhe s of be deter pursuant,, io a resoly #sa oft .,Coetrrcit tautth uch term rse lu4 icy.' e,� #r40,fi„giribRriag° ""-ebY- to ds e regrenci- tsy ntttaexCeed at.'axmum nOt- , cess u nnijr or JxcesisPf 41e Permit= time :the asp Ibt e son ,her, s pia tk Ie, at 10i At 1 anti anti cludi Jane Improv PAW - [74.19i The.; bon of orhia .atimony. e trove,. s, in- s "mkt prxopospd yap- te tion. cur he r -R v8:`?rat tCer. k' tom he Clerk is (tedtppubitah,a of -.this; resolution, 9i oetf en ]Neth oe The end a copy ,of tl Nptrce o; n £Hearing by first-class .- ail ,postage d -repai4„ toy -eh regist* pci .voter and to each Ind - owner within; the, proposed Irnprovernent Area,. ,-as shown on the last egad 1',rzed -assessment < rroil Section 10 Eff t ,his Res u - tion shall ,take effect unme- 1 Mately Pon it ,,adoption. f PASS1=D AND ADOPTED this 15th day ,of fulaY 2012,4CI' YCo NCIL ©F THE.CI Y OFA EAII- MONT Tie, forego is a summary of,.f3esolu�on No. 2Q12 , ~and , not` in - I ten t to, e,4d dotes- not, I contain,�It .off, the informa- tion.seforth in,tthat4 Iu- teon. eference is ere y made to they tltfct -of; the -Resolution,-itself tiidhs,_is available for publi enegec- tlon-at the ofe ojkthQCity Clerk Due 4,0 echgduling 300srderatrons . th . public ,wrings :fes astat lrsh- T of the Impr re!ttent 3Arearlan he.t tg in- cbur,:' m ije,, epees PO for rr than genally ORDINANCE NO. 1023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ESTABLISHING THE SALT MITIGATION FACILITY DEVELOPMENT IMPACT MITIGATION FEE PROGRAM WHEREAS, California State law, including Sections 66007, 66483 an 84 of the Government Code authorize the establishment of an area of benefit and thetip4 - ction of development impact fees for the purpose of defraying the costs of public facilities, i provements and amenities related to new development, including recycled water facilities WHEREAS, the City Council of the City of Bea undertake the construction of certain major infrastructure facilities Facilities (the "Improvements") as described in the City of Be Fee Study (the "Study") attached hereto as Exhibit "A" and WHEREAS, in the Study, the City of B of population and land uses and the associated increys thereby and facilities required in reasonable pro impacts of future growth; and WHEREAS, the Study c established herein would generate re Improvements; and "'has determined to as the Salt Mitigation t Salt Mitigation Facility ont has analyzed the future growth salt in wastewater effluent generated n to the future growth to mitigate the d that the development impact mitigation fees sufficient to design, permit and construct the WHEREAS, t s a correlation between growth and the need for the Improvements, and the developent impact mitigation fee established hereunder will fund the Improvements that are reOrdd by future growth and development; and Improvements Financing Pr determine and col WH S, the City Council has determined to undertake the construction of the o junction with City of Beaumont's Comprehensive Public Facilities including Community Facilities District No. 93-1 ("CFD No. 93-1") and has ance a portion of the costs of the Improvements from fees required to be paid provided in and authorized by California law; and WHEREAS, pursuant to law, the City Council of the City of Beaumont has d this Ordinance (the "Ordinance") in order to impose the fee as development occurs on land which is benefitted by construction of the Improvements in order to defray a portion of the actual or estimated cost of constructing the Improvements, other than property included within CFD No. 93-1, which finances, funds or constructs facilities equivalent to its share of such costs through CFD No. 93-1; and WHEREAS, the public interest, convenience and necessity require, and this City Council intends to order the design, permitting, acquisition and construction of the Improvements, related appurtenances and rights-of-way, and the imposition and collection of said fee to defray the costs thereof; and WHEREAS, a public meeting and a public hearing was held, pursuant to notice as herein provided, for the purpose of establishing the estimated costs of the Improvemerltd the method of allocation of said costs and fee apportionment; and WHEREAS, at least 10 days prior to the meeting on the proposed eye opment impact fees, the Director of Public Works made available to the public, d it waling the amount of costs or estimated costs required to provide the facilities for whicijee i fee is levied and the revenue sources anticipated to provide the facilities; NOW THEREFORE, THE CITY COUNCI,' THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Coun it ds and determines that new development in the City of Beaumont increases the de for salt mitigation facilities thereby requiring the installation and upgrade of the Improv •. in order to protect the public health, safety and welfare; and that such development sys . pay its fair share of the cost for such Improvements. Section 2. Purpose. T the assessing and collecting of fees at t system, herein referred to as the "Salt Section 3. Ordinance, they shall have the i ose of this Ordinance is to make provision for e of development or connection to the City sewer ation Facility Fee," to be collected by the City. ons. Whenever the following words are used in this owing meaning: a.,.ci)truction" means, without limitation, design, acquisition of right-of- way, administratio f E6nstruction contracts and actual construction and such other items as may be authoriz laws of the State of California. "Dwelling Unit" means a building or portion thereof or a mobile home space o a�bile home or manufactured house designed primarily for residential occupancy. The "dwelling" shall not include hotels or motels. c. "Equivalent Dwelling Unit" means one Non -Residential Unit, one Dwelling Unit or one Mobile Home Space. d. "Improvements" means site improvements, total dissolved solids reduction facilities, brine volume reduction facilities, discharge facilities, rights-of-way, appurtenances, contingencies, permits and professional services as further described in the Study and which the Study contains reasonable estimates of the total costs of the Improvements. e. "Mobile Home Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. f. "Non -Residential Unit" means each gross acre (or fraction thereof) of retail, commercial and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels. A Non -Residential Unit is equal to 10.00 Dwelling Unfit g. "Salt Impact Mitigation Facility Fund" means the fund s dished pursuant to the terms of this Ordinance (the "Fund"). Section 4. Payment of Fees Required. Fees for suc' .ose shall be imposed upon new construction within the City and shall be imposed a '� ce of a building permit, final building inspection or certificate of occupancy, whi occurs first or as otherwise determined by the City Council; provided, however, th ees for Improvements may be collected at the time an application for sewer service is e' ed by the City. The City Council may also impose the Salt Impact Mitigation Facility . a condition of filing a final map or issuing a permit for development with respect to a ion of land which is benefitted by the acquisition and construction of the Improvement the purpose of defraying the actual or estimated costs of the Improvements, so long as s c es are collected for Improvements to be paid for from the Salt Impact Mitigation Fa' t Fund (described below) and for which moneys are being appropriated and for whiciity has adopted a proposed construction schedule or plan prior to the issuance of a `uiiig permit, final inspection or issuance of the certificate of occupancy, or if the fees are hfiburse the City for expenditures which will have been previously made as authorized b tions 66007, 66483 and 66484 of the California Government Code. Section 5. Ft _ '$e proposed fee to be imposed upon construction of all non- residential units, dwelling unand mobile home spaces per equivalent dwelling unit is $1,683.69 as set forth i} x4 iibit "A." Notwithstanding anything herein to the contrary, the alate each year until paid by an amount equal to the cumulative the Building Cost Index of the Engineering News Record Index nearest the effective date of this Ordinance. amount of the fee s percentage increas published for th n any fee is not fully paid (or required to be paid), the City may require the propert of r, or Lessee if the Lessee's interest appears of record, to execute a contract to pay the f - • harge, or applicable portion thereof, within the time required by Section 4 hereof, as se in Section 66007 of the Government Code. Section 6. Estimated Costs. The estimate of the total costs of the acquisition and construction of the Improvements, as contained in the Study is $60,227,400 and the City Council of the City of Beaumont hereby finds and determines that, of said amount, approximately $38,374,742 shall be paid through the imposition and collection of fees pursuant to the Ordinance. Section 7. Improvements Are In Addition To Existing Facilities. The Improvements are in addition to existing facilities at the time of adoption of the Ordinance. The Improvements are in addition to, or reconstruction of, existing facilities serving the City at the time of adoption of the Ordinance. Section 8. Council Review of Improvements. The City Council of the City of Beaumont hereby declares that it has reviewed the Improvements described in the Study ataad hereto as Exhibit "A." Section 9. Subdivision Requires Construction of the Improveme .he City Council of the City of Beaumont hereby finds that subdivision and developmen �f roperty within the City will require construction of the Improvements and the fees ar E y apportioned within such areas on the need for such facilities created by the proposed s Ts; ion and development of property within City. Section 10. Apportionment of Costs. Subject t ie blic meeting and public hearing process, the City Council of the City of Beaumont her • 4 termines that the fair method of apportionment of the costs of the Improvements , n% at the method of apportionment of the fee shall be as set forth in Exhibit "A" hereto base. • equivalent dwelling units. The fee for facilities as to any property proposed for subdivisi • n' • evelopment does not exceed the pro rata share of the amount of the total estimated cost � . 1 facilities within such area which would be assessable on such property if such costs were• .rtioned uniformly on a per -acre basis. The method of apportionment will not provide for�l�B r fees on land which abuts the proposed C Improvements. The City Council of theeaumont hereby finds and determines that the fees are fairly apportioned on the basis • eed for such Improvements created by the proposed subdivision and developme •roperty within the City. The City Council further finds and determines that there is onable and proportionate relationship between (i) the fees' use and the types of deve t projects on which the fees will be imposed and (ii) the need for the Improvements anc types of development projects on which the fees will be imposed. Sect paid to the City • `' Fund. Mone �'• acquisitioi the City o cons ■ fa. VDeposit of Fees; Restriction on Expenditure of Fees. Fees shall be eamont and shall be deposited into the Salt Impact Mitigation Facility osited into such fund shall be expended solely for the construction, o mbursement for construction of the applicable Improvements or to reimburse aumont for the cost of engineering and administrative services to design and he Improvements. The fees shall not be expended to reimburse the costs of existing construction. Section 12. City Is Not Obligated to Advance Available Funds. In its sole discretion, the City Council of the City of Beaumont may advance moneys from its general fund, from moneys made available by CFD No. 93-1 or any sewer or water fund to pay the costs of constructing the Improvements and may reimburse the general fund, CFD No. 93-1 or the sewer or water fund for such advances from fees deposited in the applicable Facilities Fund. Section 13. City May Incur Interest Bearing Indebtedness. In its sole discretion, the City Council of the City of Beaumont may incur interest bearing indebtedness for the construction of the Improvements; provided that the sole security provided by the City for repayment of such indebtedness shall be moneys in the applicable Fund. Section 14. Agreement for Reimbursement. If the proposed Improvements are installed by any owner of property, the City may credit the fee or enter into an agreement vont , such property owner to reimburse the property owner, pursuant to Section 66486 of the Government Code. Section 15. Calculation of Fee. The calculation of any fee re�'ret� io be paid under the provisions of this Ordinance shall be based upon the fee schedule i ' j ' t at the time of actual payment. Section 16. Exemptions. The following types of4l�pment shall not be required to pay the Salt Mitigation Facility Fee: � a. The replacement of existing development, p . that the replacement occurs within 3 years of the date of destruction, contain same number of equivalent dwelling units and does not add more than 1,0,Q0 ' square footage; and b. The rehabilitation or remodelingting development that does not add more than 1,000 square feet to the existing r tl!"re. Section 17. Appeals. ition to any statutorily -authorized protest procedure, any person aggrieved by tli�_ hputation of fees pursuant to this Ordinance shall have the right to appeal the comp to the City Council by filing a written notice of appeal no later than fifteen (15) days e date of the computation. Written notice shall be filed with the City Clerk and state th bjections of the person filing the notice. The City Clerk shall set the matter for hearin . tl% next regular City Council meeting at least twenty-one (21) days after the date the appe filed. The City Clerk shall give notice of the time and place of the hearing before the Cy •uncil to all interested parties. The decision of the City Council shall be final. ("'� Vevction 18. CEQA. The fees adopted hereunder are exempt from the Califo a 1i Gironmental Quality Act, Public Resources Code, Section 21080 (b) for the reason that s are imposed for the purpose of purchasing materials and for obtaining funds ne to maintain service within existing service areas. Section 19. Public Meeting. August 21, 2012, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will hold a public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting relating to the matters set forth herein. Section 20. Public Hearing. August 21, 2012, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will consider and finally determine the Improvements, the estimated costs of the Improvements, and the method of allocation and apportionment of costs of the Improvements and all other matters set forth in this Ordinance. Section 21. Notice of Adoption of Ordinance. The City Clerk of the C. Beaumont is hereby directed to publish this Ordinance once within fifteen (15) days fo g its adoption in a newspaper of general circulation published in the City of Beaumont; 11Nv.} ed that in lieu of publication of the entire text of the Ordinance, the City Clerk may pre � e'and publish a summary of the Ordinance with the names of those City Council members for and against the Ordinance. The City Clerk shall post a certified copy of the fu of the adopted Ordinance in the office of the City Clerk. Section 22. Expiration of the Fee. The Facility Public Facilities are completed and all debt service related to s and satisfied. Section 23. an a Severability. If clause, section y y sen �ct on or part of this Ordinance. or any fee imposed upon any person or is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or ity shall affect only such sentence, clause, section or part of this Ordinance, and shall ngafe t or impair any of the remaining provisions, sentences, clauses, sections or other parts rdinance, or its effect on other persons or entities. It is declared to be the intention k City Council that this would have been adopted had such unconstitutional, illegal, ori sentence, clause, section or part of this Ordinance had not been included herein; or c person or entity been expressly exempted from the application of this Ordinance. 'Jo end, the provisions of this Ordinance are severable. all expire when the blic improvements are paid Section 2tffective Date. This Ordinance shall be in full force and effect 60 days from and after it ion on September 4, 2012. ,�O MOVED. PASSED AND APPROVED this day of , 2012 by the following vote: AYES: NOES: ABSTAIN: ABSENT: MOVED. PASSED AND ADOPTED this day of , 2012 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: .?, 9 Deputy City ClerkeSy 4c)OSS CERTIFICATION T ore oin is certified to be a true copyof Ordinance No. g g 1023 duly introduced at a regu • eting of the City Council held on , 2012 and duly adopted upon the seeading on , 2012 by the roll call votes indicated therein. / Mayor of the City of Beaumont (SEAL) Deputy City Clerk, City of Beaumont EXHIBIT A FEE STUDY INCLUDING DESCRIPTION OF IMPROVEMENTS AND METHOD OF APPORTIONMENT OF FEE Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 74877 Notice - City of Beaumont - Ordinance No. 1023 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/10, 2012 Executed on 08/10, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, August 21, 2012 at 6:00 p.m. in Room 5 at the Beaumont Civic Center, 550 E. 6th<Street. Beau- mont, � '52223, to receive end com- interested persotthe adoption of the fol olvliv matter.Ordinance o Req g`Paf nt pt De- velopment Impact Fees for Salt Mitigation Facilities It is the purpose and intent of this Ordinance to establish a development impact miti- gation fee of $1,683.69 for each new home and equivalent commercial or industrial unit built or con- necting to the sanitary sewer system in the City of Beaumont. The fee will be used to mitigate the im- pacts of future development on the City's sewer system. Date: August 10, 2012 /s/ Shelby Hanvey Deputy G Clerk Publish Th Record Gazette ': x , No. 74877 08/10, 2012 ORDINANCE NO. 1024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ESTABLISHING THE FOURTH STREET EXTENSION MITIGATION FEE PROGRAM WHEREAS, California State law, including Sections 66007, 66483 and 66484 of the Government Code authorize the establishment of an area of benefit and the collection of development impact fees for the purpose of defraying the costs of public facilities, improvements and amenities related to new development, including transportation facilities; and WHEREAS, the City Council of the City of Beaumont has determined to undertake the construction of certain major infrastructure known as the Fourth Street Extension Project as more particularly described herein (the "Improvements"); and WHEREAS, the Forth Street Extension Project is the subject of that certain study entitled "City of Beaumont Fourth Street Extension Facility Mitigation Fee Study" (attached hereto as Exhibit "A"; hereafter referred to as the "Study") for the area of benefit which contains an estimate of the total costs of constructing the transportation facilities and a map of such benefiting area showing its boundaries and the location of facilities; and WHEREAS, in the Study, the City of Beaumont has analyzed the growth of population and land uses and the increase in demands for transportation facilities generated thereby and the transportation facilities required in reasonable proportion to the growth; and WHEREAS, the Study concluded that the development impact mitigation fees established herein would generate revenues sufficient to design, permit and construct transportation facilities as identified in the study; and WHEREAS, there is a correlation between growth and the need for additional transportation facilities, and the development impact mitigation fees established hereunder will fund the Improvements that are required by the additional new development; and WHEREAS, the City Council has determined to undertake the construction of the Improvements in conjunction with City of Beaumont Community Facilities District No. 93-1 ("CFD No. 93-1") and has determined to finance a portion of the costs of the Improvements from fees required to be paid and collected as provided in and authorized by California law; and WHEREAS, pursuant to law, the City Council of the City of Beaumont enacts this Ordinance (the "Ordinance") in order to impose certain fees as development occurs on certain land which is benefitted by construction of the Improvements in order to defray a portion of the actual or estimated cost of constructing the Improvements other than property included within CFD No. 93-1, which finances, funds or constructs facilities equivalent to its share of such costs through CFD No. 93-1; and WHEREAS, the public interest, convenience and necessity require, and this City Council intends to order the design, permitting, acquisition and construction of the Improvements, related appurtenances and rights-of-way, and the imposition and collection of said fees to defray the costs thereof; and WHEREAS, a public meeting and a public hearing was held, pursuant to notice as herein provided, for the purpose of establishing the boundaries of the territory more particularly identified on the Area of Benefit map in Exhibit "A" hereto (the "Area of Benefit") of the Improvements, the estimated costs of the Improvements and the method of allocation of said costs to the Area of Benefit and fee apportionment; and WHEREAS, at least 10 days prior to the meeting on the proposed development impact fees, the Director of Public Works made available to the public, data indicating the amount of costs or estimated costs required to provide the facilities for which each fee is levied and the revenue sources anticipated to provide the facilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new development in the City of Beaumont increases the demand for transportation facilities thereby requiring the installation and upgrade of transportation facilities in order to protect the public health, safety and welfare; and that such development should pay its fair share of such improvements. Section 2. Purpose. The purpose of this Ordinance is to make provision for the establishment of an area of benefit and the assessing and collecting of fees at the time of development, herein referred to as the "Fourth Street Extension Area of Benefit Fee" to be collected by the City. Section 3. Definitions. Whenever the following words are used in this Ordinance, they shall have the following meaning: a. "Construction" means, without limitation, design, acquisition of right-of- way, administration of construction contracts and actual construction and such other items as may be authorized by laws of the State of California. b. "Dwelling Unit" means a building or portion thereof or a mobile home space or a mobile home or manufactured house designed primarily for residential occupancy. The term "dwelling" shall not include hotels or motels. c. "Equivalent Dwelling Unit" means one Non -Residential Unit, one Dwelling Unit or one Mobile Home Space. d. "Improvements" means transportation facilities, rights-of-way, appurtenances, permits and professional services as further described in the Study for the area delineated in a map showing the boundaries of the area of benefit and the location of such improvements and which the Study contains reasonable estimates of the total costs of the Improvements. e. "Mobile Home Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. f. "Non -Residential Unit" means each gross acre (or fraction thereof) of retail, commercial and industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels. A Non -Residential Unit is equal to 17.16 Dwelling Units. g. "Transportation Facility Fund" means the fund established pursuant to the terms of this Ordinance (the "Fund"). Section 4. Payment of Fees Required. Fees for such purpose shall be imposed upon new construction within the Area of Benefit and shall be imposed at issuance of a building permit, final building inspection or certificate of occupancy, whichever occurs first or as otherwise determined by the City Council; provided, however, that the fees for Improvements may be collected at the time an application for sewer service is received by the City. The City Council may also impose the Fourth Street Extension Area Benefit Fee as a condition of filing a final map or issuing a permit for development with respect to any portion of land which is benefitted by the acquisition and construction of the Improvements for the purpose of defraying the actual or estimated costs of the Improvements, so long as such fees are collected for Improvements to be paid for from the Transportation Facility Fund (described below) and for which moneys are being appropriated and for which the City has adopted a proposed construction schedule or Project prior to the issuance of a building permit, final inspection or issuance of the certificate of occupancy, or if the fees are to reimburse the City for expenditures which will have been previously made as authorized by Sections 66007, 66483 and 66484 of the California Government Code. Section 5. Map. The City Council hereby determines that the proposed boundaries of the Area of Benefit is as described in the Study attached hereto as Exhibit "A." The Map showing the general nature, location and extent of the proposed Improvements and showing the boundaries of the territory containing the lands proposed to be charged with fees to pay the costs and expenses of the proposed Improvements, (the "Map of the Area of Benefit") is hereby approved and adopted in the form attached hereto and made a part hereof as Exhibit "A." Section 6. Filing of Map. The original Map of the Area of Benefit and one copy thereof shall be filed in the office of the City Clerk available at City Hall. Section 7. Governing for Details. The Map indicates by boundary line the extent of the territory included in the Area of Benefit and shall govern for all details as to the extent of such area, reference to such Map being hereby made for particulars. Section 8. Certification of Adoption. A Certificate evidencing the date and adoption of this Ordinance shall be endorsed on the original Map of the Area of Benefit and on at least one copy thereof. Section 9. Fee. The proposed fee to be imposed upon construction of all non- residential units, dwelling units and mobile home spaces per equivalent dwelling unit within the Area of Benefit is $497.46 as set forth in Exhibit "A." Notwithstanding anything herein to the contrary, the amount of the fee shall escalate each year until paid by an amount equal to the cumulative percentage increases in the Building Cost Index of the Engineering News Record Index published for the month nearest the effective date of this Ordinance. If any fee is not fully paid (or required to be paid), the City may require the property owner, or Lessee if the Lessee's interest appears of record, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time required by Section 4 hereof, as set forth in Section 66007 of the Government Code. Section 10. Estimated Costs. The estimate of the costs of the acquisition and construction of the Improvements, as contained in the Project and the Study is $7,890,344 and the City Council of the City of Beaumont hereby finds and determines that, of said amount, approximately $7,890,344 shall be paid through the imposition and collection of fees pursuant to the Ordinance. Section 11. Improvements Are In Addition To Existing Facilities. The Improvements are in addition to existing facilities serving the Area of Benefit at the time of adoption of the Ordinance and the Project. The Improvements are in addition to, or reconstruction of, existing facilities serving the Area of Benefit at the time of adoption of the Ordinance. Section 12. Council Review of Improvements. The City Council of the City of Beaumont hereby declares that it has reviewed the Study presented to the meeting and attached hereto as Exhibit "A." Section 13. Subdivision Requires Construction of the Improvements. The City Council of the City of Beaumont hereby finds that subdivision and development of property within the Benefit Area will require construction of the Improvements and the fees are fairly apportioned within such areas on the need for such facilities created by the proposed subdivision and development of property within such areas. Section 14. Apportionment of Costs. Subject to the public meeting and public hearing process, the City Council of the City of Beaumont hereby determines that the fair method of apportionment of the costs of the Improvements to the Area of Benefit and that the method of apportionment of the fee shall be as set forth in Exhibit "A" hereto based on equivalent dwelling units. The fee for facilities as to any property proposed for subdivision or development does not exceed the pro rata share of the amount of the total estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per -acre basis. The method of apportionment will not provide for higher fees on land which abuts the proposed Improvements, except where the abutting property is provided direct usable access to the facility. The City Council of the City of Beaumont hereby finds and determines that the fees are fairly apportioned within the Area of Benefit on the basis of the need for such Improvements created by the proposed subdivision and development of property within the Area of Benefit. The City Council further finds and determines that there is a reasonable and proportionate relationship between (i) the fees' use and the types of development projects on which the fees will be imposed and (ii) the need for the Improvements and the types of development projects on which the fees will be imposed. Section 15. Deposit of Fees; Restriction on Expenditure of Fees. Fees for such purposes shall be paid to the City of Beaumont and shall be deposited into the Transportation Facility Fund. Moneys deposited into such fund shall be expended solely for the construction, acquisition or reimbursement for construction of the applicable Improvements serving the Area of Benefit or to reimburse the City of Beaumont for the cost of engineering and administrative services to form the Area of Benefit and to design and construct the Improvements. The payment of fees shall not be required unless the Improvements are in addition to, or a reconstruction of, any existing major infrastructure serving the Area of Benefit at the time of adoption of the Area of Benefit. The fees shall not be expended to reimburse the costs of existing facilities construction. Section 16. City Is Not Obligated to Advance Available Funds. In its sole discretion, the City Council of the City of Beaumont may advance moneys from its general fund, from moneys made available by the Beaumont Redevelopment Agency, CFD No. 93-1 or any sewer or water fund to pay the costs of constructing the Improvements and may reimburse the general fund, the Agency, CFD No. 93-1 or the sewer or water fund for such advances from fees deposited in the applicable Facilities Fund for the Area of Benefit. Section 17. City May Incur Interest Bearing Indebtedness. In its sole discretion, the City Council of the City of Beaumont may incur, or cooperate with the Agency with respect to the Agency incurring, interest bearing indebtedness for the construction of the Improvements; provided that the sole security provided by the City for repayment of such indebtedness shall be moneys in the applicable Fund. Section 18. Agreement for Reimbursement. If the proposed Improvements are installed by any owner of property within the Area of Benefit, the City may credit the fee or enter into an agreement with such property owner to reimburse the property owner, pursuant to Section 66486 of the Government Code. Section 19. Calculation of Fee. The calculation of any fee required to be paid under the provisions of this Ordinance shall be based upon the fee schedule in effect at the time of actual payment. Section 20. Exemptions. The following types of development shall not be required to pay the Fourth Street Extension Area Benefit Fee: a. The replacement of existing development, provided that the replacement occurs within 3 years of the date of destruction, contains the same number of equivalent dwelling units and does not add more than 1,000 new square feet; and b. The rehabilitation or remodeling of existing development that does not add more than 1,000 square feet to the existing structure. Section 21. Appeals. In addition to any statutorily -authorized protest procedure, any person aggrieved by the computation of fees pursuant to this Ordinance shall have the right to appeal the computation to the City Council by filing a written notice of appeal no later than fifteen (15) days from the date of the computation. Written notice shall be filed with the City Clerk and state the objections of the person filing the notice. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least twenty-one (21) days after the date the appeal was filed. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties. The decision of the City Council shall be final. Section 22. CEQA. The fees adopted hereunder are exempt from the California Environmental Quality Act, Public Resources Code, Section 21080 (b) for the reason that the fees are imposed for the purpose of purchasing materials and for obtaining funds necessary to maintain service within existing service areas. Section 23. Public Meeting. August 21, 2012, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will hold a public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting relating to the matters set forth herein. Section 24. Public Hearing. August 21, 2012, at the hour of 6:00 p.m., in the City Council Chambers, 550 East Sixth Street, Beaumont, California, be, and the same are hereby appointed and fixed as the time and place when and where the City Council of the City of Beaumont will consider and finally determine the boundaries of the Area of Benefit, the Improvements, the estimated costs of the Improvements, and the method of allocation and apportionment of costs of the Improvements to the Area of Benefit and all other matters set forth in this Ordinance. Section 25. Notice of Adoption of Ordinance. The City Clerk of the City of Beaumont is hereby directed to publish this Ordinance once within fifteen (15) days following its adoption in a newspaper of general circulation published in the City of Beaumont; provided, that in lieu of publication of the entire text of the Ordinance, the City Clerk may prepare and publish a summary of the Ordinance with the names of those City Council members voting for and against the Ordinance. The City Clerk shall post a certified copy of the full text of the adopted Ordinance in the office of the City Clerk. EXHIBIT A FEE STUDY INCLUDING DESCRIPTION OF IMPROVEMENTS, METHOD OF APPORTIONMENT OF FEE AND MAP OF IMPROVEMENTS AND AREA OF BENEFIT City of Beaumont Fourth Street Extension Facility Mitigation Fee Study Prepared for: Beaumont City Council Roger Berg, Mayor David Castaldo, Mayor Pro Tem Brian De Forge Council Member Jeff Fox, Council Member Nancy Gall, Council Member Prepared by: Public Works Department Community and Economic Development Department August 21, 2012 I. Introduction and Purpose of the Study The purpose of this study is to estimate and apportion the total cost to design and construct certain transportation facilities which are needed to support the logical and orderly development of the City of Beaumont in accordance with the General Plan. The study will be used to establish a transportation facility fee known as the Fourth Street Extension Area of Benefit Fee to fund the design, permitting and construction for the Fourth Street Extension Project which is necessary to serve future development in a 3,816 acre area located along the State Route 60 corridor. The report provides an estimate of costs for those facilities along with a calculation of transportation facility fees to be levied on a "fair share" basis in accordance with Government Code Section 6600, et. seq., based upon measurable units of expected future land uses which are expected to impact transportation facilities in Beaumont. Currently, there are approximately 3,816 acres of mostly vacant land within the proposed Area of Benefit which are located within the City and its Sphere of Influence and are planned for future development. As new development occurs in the proposed Area of Benefit, a need for the road improvements will be generated by new residents and businesses to accommodate the future land uses. Specifically, all the property within the Area of Benefit require the extension of Fourth Street from the existing terminus at Nadine Place to Jack Rabbit Trail, along with a segment of Potrero Boulevard between Fourth Street and the future Potrero Boulevard/SR 60 Interchange in order to provide primary and secondary access needed before the properties can develop. The purpose of this study is to estimate the cost of the street improvements and to apportion the costs based on an estimate of equivalent dwelling units planned within the Area of Benefit. An estimate of the number of EDU's listed by assessor parcels is included in the study along with a map showing the proposed Area of Benefit. The proposed road improvements consist of a 40' wide improved road in a 50' wide graded section. Road facilities or component portions thereof may be constructed by the City using the proposed Area of Benefit transportation fees pursuant to the City of Beaumont's Comprehensive Public Facilities Financing Program which relies upon public financing districts to construct facilities or directly by developers to mitigate impacts of specific development projects pursuant to conditions of approval for those projects and the General Plan. It is appropriate therefore to periodically amend the transportation facility fee to reasonably apportion the cost of transportation facilities included in this study on a fair share basis among future developments and to facilitate the issuance of fee credits and reimbursements when those facilities are otherwise constructed or funded directly by developers or through the City Program. The facilities to funded by the transportation facility fee, the City Program or developers are listed below and are depicted on the exhibits included this study. The proposed Fourth Street Extension facilities are identified in the Preliminary Engineer's Cost Estimate, or as may be otherwise approved by the City Council to fund equal facilities having an equivalent benefit. Facilities to be funded by the transportation facility fee are listed below together with their estimated cost. 1 Transportation Facility Estimated Cost < Fourth Street Extension $ 3,808,125 < Potrero Boulevard $ 1,277,000 < Utilities, Fees and Permits $ 2,042,451 < Construction Contingency $ 762,769 Total $ 7,890,344 A preliminary estimate of the cost to design, permit and construct the facilities to be funded by the transportation facility fee is provided in the Appendix of this study. The estimated costs are based upon recent unit costs for similar projects which have been publicly bid in the City using prevailing wages. Where no such recent costs were available, estimates were prepared by the City Public Works Director using RS Means unit cost data adjusted for the local area. All costs for facilities should be adjusted for inflation on a regular basis by the City Council in accordance with the Engineering News Record construction cost index for the Los Angeles area. II. Transportation Facility Fee Calculation This section of the study provides an estimate of how much future development will benefit from each of the facilities based on "equivalent dwelling units" or EDUs. The study provides a reasonable measure of the number of new EDU's that will be developed on the undeveloped vacant land in the Area of Benefit that will benefit from the facilities once they are constructed. Each facility to be funded and constructed for the benefit of undeveloped land is depicted respectively in the Area of Benefit map included in this study. The study and fee is based upon the total estimated cost of the facilities divided by the number of EDU's that will benefit from and will be responsible to pay the cost of designing and constructing the planned transportation facilities as part of the City Program. In order to establish a reasonable estimate of the number of EDUs different types of land uses will generate, the study establishes the relative demands of residential, commercial and industrial land uses on the future transportation facilities. The average demand placed on the transportation facilities by a single dwelling unit with an average population of 3.2 persons per unit is used as the baseline of measurement for other land uses. In the case of transportation facilities it is assumed, based upon generally accepted traffic generation data utilized by the City as part of the City Program which established that a single dwelling unit generates 9.5 Average Daily Trips per Day (ADT) and the average industrial and commercial use generates 163.02 ADT per acre of development. Therefore, each acre of industrial or commercial development will generate an average of 17.16 EDU's of demand for transportation facilities (163.02/9.5), unless specific traffic study data was available for specific projects. A listing of the EDU factors used in this study is provided below. 2 Land Use Residential Dwelling Unit Industrial/Commercial Acre Transport EDUs 1.00 17.61 In order to estimate the number of new EDUs to be developed in the future, the study uses a listing of the number of EDU's in major projects and an estimate of residential, industrial and commercial EDU's which may develop on remaining undeveloped parcels within the Area of Benefit. The list of projects and undeveloped areas along with the estimated number of EDUs each project and area will generate is shown on the table in the Appendix of this study. Where a specific project could not be identified for undeveloped land, an estimate of acreage and EDUs was made by generic land uses reasonably expected to be developed in each area based on past development patterns in the City and the current General Plan land use designation. Developed parcels with existing land uses, and parcels owned by public agencies were not included in the calculation of EDUs and are exempt from the fee as long as the existing land use remains on the property. A. Transportation Facility Fee Calculation For the purposes of this study, the total number of EDUs to be developed is estimated to be 15,861. The total cost of transportation facilities funded by the fee and fair share contribution generated by the City Program is estimated to be $7,890,344. The proposed transportation facility fee is calculated by dividing the estimated cost of the planned facilities by the number of EDUs which will benefit from or use the facility. EDU assumptions for schools which may be developed in place of residential, commercial or industrial land uses are listed in the Fee Schedule below. All non-residential EDUs may be determined by using the generic EDU factor of 17.16 EDUs per acre or by a site and project specific calculation of EDUs made at the time of development as approved by the Planning Director. The total number of estimated EDUs, the Fair Share Cost of facilities and the proposed facility fee for each generic land use are summarized on the Fee Schedule below. The transportation facility fee will be levied by the Building Department prior to the issuance of building permits for all new development or expansion of existing development. All expansions of industrial and commercial development less than or equal to 1,000 square feet will be exempt from the transportation facility fee. FEE SCHEDULE EDUs Fair Share Cost Fee per EDU* 15,861 $7,890,344 $497.46 *Equivalent Dwelling Unit Factors Residential Dwelling Unit Industrial or Commercial Acre Elementary School Middle School High School Open Space and Agriculture Transportation EDU 1.00 17.16 86.70 159.50 429.60 0.00 3 APPENDIX Preliminary Engineer's Cost Estimate EDU Summary and Facility Fee Summary Area of Benefit Boundary Map City of Beaumont Fourth Street Extension Preliminary Engineer's Cost Estimate Facility/Description Units Unit Cost Estimated Cost Fourth Street Extension Move-in/Clear and Grub/EA 1 $20,000.00 $20,000 Grading CY 277,778 $2.00 $555,556 6"AC/8"Class II AB/SF (40'150') 500,000 $4.25 $2,125,000 6" Curb and Gutter/AC Dike/LF 25,000 $8.50 $212,500 Drainage Allowance/EA 1 $950,000.00 $950,000 Erosion Control/SF 125,000 $1.00 $125,000 Street Lights/EA 63 $4,450.00 $278,125 Street Signs/EA 20 $250.00 $5,000 Striping/LF 37,500 $3.00 $112,500 Subtotal $3,808,125 Potrero Boulevard Grading CY 71,111 $2.00 $142,222 6"AC/8"Class II AB/SF (76'/100') 128,000 $4.25 $544,000 6" AC Dike/LF 6,400 $7.50 $48,000 Drainage Allowance/EA 1 $550,000.00 $550,000 Erosion Control/SF 32,000 $1.00 $32,000 Street Lights/EA 16 $4,450.00 $71,200 Street Signs/EA 12 $250.00 $3,000 Striping/LF 9,600 $3.00 $28,800 Subtotal $1,277,000 Subtotal Construction $5,085,125 Utilities, Fees and Permits Plan Check and Inspection Fees Caltrans/SCE Encroachment Permits Wetlands 404-1603/NPDES Planning, Environmental & Project Management Civil & Geotechnical Engineering Construction Management Subtotal 15% Construction Contingency Project Total $254,256 $250,000 $750,000 $177,979 $381,384 $228,831 $2,042,451 $762,769 $7,890,344 City of Beaumont Fourth Street Extension Area of Benefit Fee Summary Future Land Uses EDU's Total Cost Fee per EDU Industrial, Commercial and Residential 15,861 $7,890,344 $497.46 CITY OF BEAUMONT 4TH STREET EXTENSION AREA OF BENEFIT APN AND ACREAGE SUMMARY EDU GROUP APN ACREAGE OWNER EDU GROUP A 421-170-005 46.32 MISSION VIEJO CO SPECIFIC PLAN 102.86 SHEA HOMES 422-060-022 80.00 MISSION VIEJO CO SPECIFIC PLAN 177.66 422-170-008 24.00 MISSION VIEJO CO SPECIFIC PLAN 53.30 422-060-010 21.00 MISSION VIEJO CO SPECIFIC PLAN 46.64 422-060-005 6.57 MISSION VIEJO CO SPECIFIC PLAN 14.59 422-060-017 24.00 MISSION VIEJO CO SPECIFIC PLAN 53.30 422-060-009 19.00 MISSION VIEJO CO SPECIFIC PLAN 42.19 422-060-002 193.54 MISSION VIEJO CO SPECIFIC PLAN 429.80 422-060-021 83.96 MISSION VIEJO CO SPECIFIC PLAN 186.45 422-060-016 41.97 MISSION VIEJO CO SPECIFIC PLAN 93.20 SUB TOTAL 540.36 1,200.00 GROUP B 414-100-027 27.30 SUNCAL HEARTLAND SPECIFIC PLAN 140.32 HEARTLAND 414-100-009 NA COUNTY OF RIVERSIDE SPECIFIC PLAN EXEMPT 414-110-036 14.77 SUNCAL HEARTLAND SPECIFIC PLAN 75.92 414-110-037 23.78 SUNCAL HEARTLAND SPECIFIC PLAN 122.23 414-100-029 31.29 SUNCAL HEARTLAND SPECIFIC PLAN 160.83 414-110-040 55.51 SUNCAL HEARTLAND SPECIFIC PLAN 285.32 414-100-026 53.59 SUNCAL HEARTLAND SPECIFIC PLAN 275.45 414-110-038 23.52 SUNCAL HEARTLAND SPECIFIC PLAN 120.89 414-110-033 34.84 SUNCAL HEARTLAND SPECIFIC PLAN 179.07 414-110-043 27.04 SUNCAL HEARTLAND SPECIFIC PLAN 138.98 414-110-039 42.27 SUNCAL HEARTLAND SPECIFIC PLAN 217.26 414-110-042 67.07 SUNCAL HEARTLAND SPECIFIC PLAN 344.73 SUB TOTAL 400.98 2,061.00 GROUP C 414-130-011 0.89 KUNZ & CO. SPECIFIC PLAN 8.44 MOUNTAIN BRIDGE 414-130-012 13.61 R W ENGH & ASSOC. ENGH RALPH AND ENGH RYAN SPECIFIC PLAN 129.00 414-090-013 NA CITY OF BEAUMONT SPECIFIC PLAN NA 414-120-025 22.20 CATHAY BANK SPECIFIC PLAN 210.41 414-120-035 100.05 CATHAY BANK SPECIFIC PLAN 948.27 414-120-034 12.65 CATHAY BANK SPECIFIC PLAN 119.90 414-120-031 1.77 CATHAY BANK SPECIFIC PLAN 16.78 414-120-030 46.00 CATHAY BANK SPECIFIC PLAN 435.99 414-120-028 27.72 CATHAY BANK SPECIFIC PLAN 262.73 414-120-033 13.22 CATHAY BANK SPECIFIC PLAN 125.30 414-120-032 14.38 CATHAY BANK SPECIFIC PLAN 136.29 414-120-029 1.02 CATHAY BANK SPECIFIC PLAN 9.67 414-090-025 48.38 CATHAY BANK SPECIFIC PLAN 458.54 414-090-026 1.46 CATHAY BANK SPECIFIC PLAN 13.84 414-120-026 27.96 CATHAY BANK SPECIFIC PLAN 265.00 414-120-027 32.18 CATHAY BANK SPECIFIC PLAN 305.00 414-090-024 10.43 CATHAY BANK SPECIFIC PLAN 98.86 SUB TOTAL 373.92 3,544.00 GROUP D 414-120-016 5.00 SULLIVAN JOHN, SULLIVAN NANCY & BEAUMONT RE HOLDINGS COMMERCIAL _ 85.80 WESTERN KNOLLS 414-120-006 4.66 ERLAND GARY COMMERCIAL 79.97 414-120-009 4.47 WESTERN SLOPE MINERAL CO COMMERCIAL 76.71 414-120-015 6.90 SURRINCON DEV. COMMERCIAL DEVELOPED 414-120-019 7.12 SCHMIDT ROBERT JOHN & SCHMIDT MURIEL L. COMMERCIAL DEVELOPED 414-120-020 2.72 RINKER EUGENE A. & RINKER BEVERLY K. COMMERCIAL DEVELOPED 414-120-018 0.27 DIMILO TONY COMMERCIAL 4.63 SUB TOTAL 31.14 247.10 GROUP E 421-020-001 163.83 JACK RABBIT TRAIL INV, AZEREN KENT & DAMAA JABRE SPECIFIC PLAN 468.18 HIDDEN CANYON 421-020-006 36.33 JACK RABBIT TRAIL INV, AZEREN KENT & DAMAA JABRE SPECIFIC PLAN 103.82 SUB TOTAL 200.16 572.00 GROUP F 421-020-003 34.78 ASM BEAUMONT INV COMMERCIAL 596.82 POTRERO COMMERCIAL 421-020-008 11.50 HALL CARMEN & HALL C. COMMERCIAL 197.34 421-020-004 40.00 RICKER DAVID COMMERCIAL 686.40 421-020-007 25.03 JACK RABBIT TRAIL INV, AZEREN KENT & DAMAA JABRE COMMERCIAL 429.51 SUB TOTAL 111.31 1,910.08 GROUP G 421-190-006 20.00 PRESERVE SPECIFIC PLAN 52.57 THE PRESERVE 421-100-002 43.86 PRESERVE SPECIFIC PLAN 115.29 421-190-004 128.00 PRESERVE SPECIFIC PLAN 336.46 421-070-006 20.70 PRESERVE SPECIFIC PLAN 54.41 421-190-011 18.50 PRESERVE SPECIFIC PLAN 48.63 421-190-005 20.00 PRESERVE SPECIFIC PLAN 52.57 421-070-001 92.73 PRESERVE SPECIFIC PLAN 243.75 421-100-010 22.58 PRESERVE SPECIFIC PLAN 59.35 421-100-005 45.15 PRESERVE SPECIFIC PLAN 118.68 421-080-002 630.00 PRESERVE SPECIFIC PLAN 1,656.01 421-070-005 34.58 PRESERVE SPECIFIC PLAN 90.90 421-190-003 160.00 PRESERVE SPECIFIC PLAN 420.57 421-070-004 46.28 PRESERVE SPECIFIC PLAN 121.65 421-070-007 39.48 PRESERVE SPECIFIC PLAN 103.78 421-190-002 120.00 PRESERVE SPECIFIC PLAN 315.43 421-060-004 0.51 PORTRERO 40 SPECIFIC PLAN 1.34 421-060-003 153.94 PORTRERO 40 SPECIFIC PLAN 404.64 421-100-016 20.65 PIONEER TENNESSEE SPECIFIC PLAN 54.28 421-070-003 46.65 CAMPBELL ROBIN C. SPECIFIC PLAN 122.62 421-100-007 1.30 BRAY JACQUI OPAL JENSEN SPECIFIC PLAN 3.42 421-100-004 43.86 OLSEN JAMES & OLSEN SANDRA SPECIFIC PLAN 115.29 421-100-021 0.82 COUSSOULIS ARIANTHI & COUSSOULIS ANGELA SPECIFIC PLAN 2.16 421-100-020 22.68 SUNCAL BEAUMONT HEIGHTS SPECIFIC PLAN 59.62 421-100-017 10.32 NICOLA DARRELL SPECIFIC PLAN 27.13 421-100-019 11.82 MISHPEACH SPECIFIC PLAN 31.07 421-100-001 41.29 ATC TOWER CORP SPECIFIC PLAN 108.53 421-100-015 10.32 SCHAFFNER DOROTHY V. SPECIFIC PLAN 27.13 421-100-022 24.09 BAKER MAJORIE SPECIFIC PLAN 63.32 421-100-023 1.96 BAKER MAJORIE SPECIFIC PLAN 5.15 421-100-006 13.35 BAKER MAJORIE SPECIFIC PLAN 35.09 421-080-004 NA COUNTY OF RIVERSIDE SPECIFIC PLAN EXEMPT SUB TOTAL 1,845.42 4,850.84 GROUP H 417-020-070 30.91 DOWLING FRANCIS M. INDUSTRIAL 92.73 SUB TOTAL 30.91 92.73 GROUP I 417-020-072 31.39 CT BEAUMONT PARTNERS SPECIFIC PLAN 121.26 _ SUB TOTAL 31.39 121.26 GROUP J 421-060-007 156.03 HIGH DESERT PARTNERS SPECIFIC PLAN 960.54 WINCO 421-060-006 1.28 HIGH DESERT PARTNERS SPECIFIC PLAN 21.96 421-060-008 NA COUNTY OF RIVERSIDE SPECIFIC PLAN EXEMPT SUB TOTAL 157.31 982.50 GROUP K 421-070-012 0.22 SCK POULTRY RANCHES INDUSTRIAL 0.66 421-070-008 47.42 SCK POULTRY RANCHES INDUSTRIAL 142.26 SCK POULTRY RANCHES 421-070-011 45.62 SCK POULTRY RANCHES INDUSTRIAL 136.86 SUB TOTAL,93.26 - 279.78 TOTAL 3,816.16 _ 15,861.30 0 • r114l 0 ed X 2.1 rd „CI CI) ta O C ' w V 0 w a 0 8 ® ® ® ® ® ® 8 8 0 0- -1•,z oaj� 0w tz el -ha CD1.40 M G w • t rd - u0 0 4 WO To: Through: From: Date: Subject: STAFF REPORT Mayor and Council jlMembers City Manager Agenda No. 3. b Economic Development Department October 2, 2012 Ordinance 1024 - Establishing the Fourth Street Extension Area Benefit Fee EXECUTIVE SUMMARY: • Establishes an Area of Benefit Fee of $497.46 per EDU to fund the 4th Street Extension Project • Projects extends 4th Street to the West and connects with Potrero Blvd. • Estimated costs for the project $7,890,344 • Only applies to properties within the Area of Benefit Boundary • Allows for a Development Agreement to provide developer fee credits if they build more than their fair share of the Facility • City Council Voted 4-1 to Approve the Ordinance at its first reading RECOMMENDATION: • Staff recommends that the City Council ADOPT the Ordinance at its second reading. This item was approved at its first reading on September 18, 2012. The Original staff report has been attached for your review. Recommendation: Staff recommends City Council: 1. ADOPT the Ordinance 1024, APPROVE the Project Progress Report and AUTHORIZE the Mayor to execute the Project Progress Report. Respectively submitted; CITY OF BEAUMONT Kyle Warsinski Community Development Analyst CITY OF BEAUMONT PROJECT PROGRESS REPORT CAPITAL IMPROVEMENT PLAN Source of Fourth Street Area of Benefit Fee Funds: Project Name: Fourth Street Extension Contract TBD and per existing agreements. Date: Contractors: TBD and per existing agreements. Const. Budget: $7,890,344 A&E Budget: $2,042,451 Work Completed During Report Period: Prepared fee Subcontractors: As per approved CIP. Project Start Date: January 2012 Report Period: August 2012 study and ordinance. Problems or Delays During Report Period: No problems of delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Approve Ordinance and Authorize the City Manager to expend funds to implement the Ordinance including the design and permitting requirements necessary to construct the Fourth Street Extension. Authorized by: —a— is Mayor's Signature Date of City Council Approval Friday, Aupuat 10,2002 Record Gazette 11wa.tece dytazeltemet■`pl)ge 27 NOTICE OF APPLICATION FOR CHANGE M OWNERSHIP Data of .Fig Application: .fry 8, 2012 To Wham M May Concern: The Name(s) 01 the Applicant(s) Is/ere: RODRIGO VELASCO-ROMO, KARIJA LEY 2AVANA The applicants heal otoe. are appyig b 4440 Daprliw* d *Whole Beverage Con- trol to set a*o11o9c beim ages at: 3505 W RAMSEY ST, BANNING, CA 922203507 Type of 1- cense(s) 80*0(6) applied tit: 41 - a Sea Mrd Vl - Eating Neo* Publish The Record Gazette No.73645 AMEND 08(10, 201E 0720, 2012 — LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont Cy Clash MI conduct a plbic hearing on Tuesday, August 21. 2012 at 6.00 p.m. in Roam 5 at the Beane* Chic Center, 550'E. 6th 8re, Beau - mora, Callomn 92229 to retie m testimony aaacaR manta '*00 +Remind means regarding the adoption of the blowing nate: O*i*ae No. 1023 Requiring Payment of De- velopment o-velopmwm Impact Fee. for Sat Ntlpaia Faced* h is the pewee and Hut of this Ordence to *soden 0 darenpnat impact mtl- geso0 fee of $1,083.88 for list.. new home and 0 4vdant commercial or industrial unit bulla con- necting itn ng to to sanitary sewer system in to Cay el Beaune*. The fee wit be teed -to mitigate 8e im- pacts of ince development on the City's sewer system. Dat: August 10.2012 /s/ Sheiby Havey Deny City Cert Publish Tim Record Gaze* No. 74877 0x10, 2012 LEGAL NOTICE NOTICE IS HEREBY GIVEN, that to Beaumont City Council vr0 induct a public hearing on Tuesday. August 21, 2012 a-0*.- p.m. :In Rat* 8.4. 86� Beaune* Civic Center. 550 E. 8N Saes, Beau- mont. Ceillorm mrua. es receive *Sealy and 0614600' 010108 from. *8-eaereed penmen repenting the adoption of to 0800lg mangy Ordinance No. 1024 Requiring Payment of De- velopment Impact Free for the Fourth Street Edmubn Project It is the /*pose and iter of Ids O*nase to establish a dmveepme* impact 40690501 tee ° $467.48 fo each ave hilae and equivalent maned* or hd.atral unit butt in Fonts Sliest Extension Area1401001410001(0001010,011 to longation Fre Sbty o fla at to (21y Of Beane*, 550 E. Sixth Shea Beer - most OA.92223..,The fee vet he used to mitigate the mon Mem* 4leeae devebp- the Oats hanspor- 84500�system wN Area of Benefit. Infildhd/SIIaEYNrw Vis'.. Deputy Cay Clone Publish The Resold Gazette No. 74871 06/10,2012 Ficimous auS*ESS NAME STATEMENT FLE R-2012-06730 The lolomdrg person(s) is (ere) doing 4060* as: WISDOM PRESS,. 1281 Kahane' Ct. Beaimom, CA 922238599, Warne.. Trine Gamin Tutor. 1281 Katherine p., Beau- mont eatmus, CA 92298. This bane* is conducted by n0vnua. Registrant began buenss under the fictitious bane* naine(6) lead above on 9/102007.) de - ole out al the idomuesn in the abase** 119,400* correct N meeker/ who datlaros as bw, Horn* ten which la or she knows b beadle is pay da ant. (BSP Code 17930.) 1 am also swam the all the information in kis state - 'vent beco ec Plble Re- ed upon afr9. -a Tress Gaynell Tuner. This Mae- merit- uta..fl11* ed r -9e County Clerk of Riveted. County on 06/032012. No - boy Tura Fictitious Busi- ness Name Statement e• Mae five years Iran to dao It was Red in the Moe of me Cally Clerk A new Reims Wetness Nom Statement mal be fled be- fore Mat line. The fang uf this statement does not It- self self *dote to um in this state of a 8886s business name in urns!on d to ngR of aster oder led - era, see a common law lame Section 14411, e Seq.. 86P Code). Publish The Record Gazelle No. 74754 08/10, 17. 24, 31, 2012 FICTRIOUS BUSINESS NAME STATEMENT FILE R-2012-07844 The kllowi g pereon(s) is (am) doing huskies. as: JOYCES UNIQUE Han, 1454 E BN SL. Beaumont, CA 92221, Riverside. byes Lynn Gimlet*, 9987 Jane- than onatort Ave, Chary Valley, MOWS r Reymars hes not yet be- gan b mem bweea6 ,nee t0 G*m000 nerne(e) 81ed above. I deans that al the Hummaion in the shamed is true and e- re*. (A registrant who Oe- dema as 5118 Honneton Mich he or she knows to be etas is pay of a airy. (88P Cone. 17810.) I am also aware that al the into, motion in this statement be- comes Public Record upon Rig. -s- Joyce Gemara*. The statement was tad rat to County perk of Riverside County on 07/102022. Meow 11* Robbie But/flees Name Statement aspires hen years 11,00 to date It ver Bed in the office of to Cony perk. A naw Fs0- lions Business Name Bade - mem mast he Red before a,n lime- The Wing of 11® statement does not Its* dN)ea ataof a 0 d *Mims of the rights n vlo06on of tli- me,d ander nater Mi- me, Stag or OpMel1 (*0 (eve Semon 14411, Et Seg, BAP Code). 0.86 The Raoul Gazeta No.74396 08/03, 10, 17, 24, 2012 FICTRIOus ousbE38 NAME STATEMENT RLE R-2012-07924 The following person(s) is (ere) dog business as: 48 FIAT DISPATCH, 14120 Apache Trac, Cabinet, OA 92230, Riverside. Mesal HOwad Chem, 14120 Apache Tran, 0ebemn. CA 92230. 716 bus* is conducted by: Weide* Registrant hes not yet be- gun o-tun to transact business &Meow names) listed bove.) 400te esetet all to *toneaen in this statement Is hats and or- rect. (A registrant Mo M- emos as true. Hormabn which he or she news b be heels gully of a crew. (BSP Caw 17930.) I an leo aware that M t0 Wm - mitten ekes elle eeti0 comet n.ad upon g. -os- This Howard 14 Chavez. Tis statement was Sled nth the Cony Clerk of Ramada Canty on 07712/2012 Notice: The Fetidores Buunlese Naw Reenter* spires Bre years from to rite a was Rat in to office of the County pink A new Rea time Sane* Nam Sade - mat mus be fled before tat lime.. me E ° this is statementdoe - not 8000 aAowize the use in Nis sada of a a*6m19 baba* nems n vio0bn of the right of another ender ed - eel, state or common law (son Section 14411, Et sen-. HSP code). Publish The Raonc Gazelle No. 74695 OW10, 17, 24, 31, 2012 RGITTIOUS BUSINESS NAME STATEMENT FILE R-2012'6072 The (Wowing person(s) .04 (am) doing bu96.06 ea HAIR WE NE' 267 P Ilii 1tTA 92**Af118691 Lynn Kranz- Maio Lewis CL, Cherry Vapey, CA 92223. The bane*- a conducted 9 - 4*0*. Ragman ono. bony,* under to Mama busies* nee(s) bad above on Jay 1, 2012. 1 declare that a1 the HmraBo in the statement is hue and e- re*. )A registrant who de- clares as Ina, nlamsOoo Which he or she knows to be hies its guilty of a see. (BAP Code 19900.) 1 am also aware that a the Ho- matnn in this shame* be- comes- Public Reoad upon Big: Sed L Kra* This statement was Red ww1 to Cowry Clerk 05 /Marke County on 07/182012. Notice: ibis Fictitious Business Name Statement expires five Rad wahthe County Clerk t,.. ewes* ead al the hdorrne years from the date It was of Riverside ' Couty on 8a 0. kis statement be- Tded in the offs* of to 07/122012. New: This canes 9 P.86 Rage upon County Clerk. A naw Fick Fictitious Busbeea Nerve Mrg g (*Now W- doalfesi nelalre &eYtl.. Stemewa's aketr.--lee Melee, Preece* This mem must be RaebeFilia yaws hem the date l was stidemga wit Bed with the that are. The fang of des Ree an the atfce el the County Clerk d Rive** statement don not heel Courtly perk A new RCF County on 07/182012 No. menthe the use in is oma Beam. Name Stela - taw:. This Famfioha Bust - stale of a act ioue Badness rani mut be Nad Wore re64 Mama Salsas* at- tune In v6aeSn of the that fma The fig of oat Ens ave yaws horn to rights of anger under ed- statement does not heel dee was Ned in to *Nice et* sue or omaen lar arteria to 0,e in tis d the County perk A new (see Section 14411, 51 stab of a 1FJIhas business Fallow Business Nara Seq., IPubkih Th* Code) )rd name n violation d ha Me Stamm* abe Rit ed n data of antler under fed tae tat lime. The Seng of Gazette era, stale or common haysae statement does not it - No. 73780 (see Section. 14411, Et sell authorize 0.0 use nab 0720, 27 a 0808, 10, 2012 Set., 88P Code). stela of a hctltlme buses= Publish The Recall tame in *WSW of Me Garet* rights at snow wider *d- eo. 73885 sal stale or common law 0720, 278080)3,10, 2012 (ave Section 14411, Et Sea, BSP Code). Fetish The Record Graeae No. 73779 07120, 278 080)3, 10, 2012 FICTTSBUSINESS NAME E STTATEMENT FILE R-2012-07846 The blowing pereais) is (ere) long business a RhpMRDS 1 200 0 tE1 REPA.R. 931 2 d St.,, Ca.r1*a, CA 82320, 7Nsr- side Reined Dean lathe - ton, 931 and SI., Ca6rw0 CA 92320. This beams a caromed by Individual. Regi*ap fir rub yet be- gun to sawed beefless under the fictitious name(s) Reed above. I declare that al to information in tis statement is eve and cor- rect. U regatta* who de- cant* as aha, rk wndh ha Or -.stir, b' be lab* Is pay of a mine. (S&P Code 17990.) I an also awes that all to infor- mation nthis statement be- comes Pubic Renard upon Rag. s- Rico* MRkbn. Thin slime* was filed vM the Caney Owl, et Riverside Cotey on 07/122012 Nabs*: The Fictitious Business Name Shame* emirs- be yews from the -date 6 ata fled in to alba of the Clay Clerk. A. new Ficti- tious Dueness Nene State- ment mile be gad bane that Wm. The Nag ot this stamen! dove nit seat authorize to um n this state d a N 000, bane* name in violation . of the rights of another under ed - era, stab or Common Mc (son Section 14411, El Seq., IMP Code). Publish The Rao* Gazeta No. 73868 0720, 27808/03, 10.2012 FICTITIOUS BUSINESS NANESTATEBtENT .. - The- (ere) doing business WALL CFIINE8E RESTAU- RANT, 383 E. 69. SL; Berman, CA 92221, Rv- eskle. Ka Nang Ku, 6312 1/2 le. Matra Mae., R Mat, CA 91732 This business is ond4wd try Individual. Recant has not yet been b easel Minato under the Nebo* 0rs(s) Med above. I de - dant Vial el ne nlomation -n h* debase* a hue and cared. (A moaned who declares * bis; Inform - Don which m or mews to be Yeas da aims. (BSP -Cade 1'7830.11 em also aware Natel to Hornauon n Na Blae- mer becomes Pubic Re- told Leon Ming. -s- Xu Ila hong. This statement was FHCtrtpUS BUSINESS NAME STATEMENT FRE R•2012-07993 11e foaming pe soils) Is (ale) doing nine* ere: JUSTICE SANDBLAST- ING, 1279 shape -Aver, Beamed, CA 92223-1705, Raaeide. Jeff Wayne A* time, 1279 Menlo Ave., Beamot, CA 92223. This beams is waned by ndddua. Regis** began Minas under gee Scan* business nme(s)' listed abaft on,1_IJrySdOtZl.cR._ see t arson 6adlamedon - n is statement a nit and ower. (A registrant who declares as am lama - mon Mach he ao*y of b be fake s pry ofke a mee. (BSP Code -17930J 1 am akin scan t6 all the 6tae9Yeh in ice data mea bower Rb6a Re- eve upon lig. w Jet Wayne ,halos. 110 sea merit use Ned Ah ea Cony park of Rama* Cagy on 00092012 M- ae: Ts Maio* 81211- nese t6t-nese Name Salaam e, - pees ave yeas hon the date it was Sled 71 to office of to Cagy lank A new F5190* Business Rene Sataru*t mal be Wed be- fore o-fore tad lie. The ling of the atone* does not II - self authorize to u00 in this state of a owoas business. name n violation d the acids of another under %b era, slate or common law (son Section 14411, El Seg., BSP Code). Publish The Nand Gem* itek4, FICT1T1OUS BUSs4ESS NAME STATEMENT FILE R-2012-08066 The blowing pampa) a (son) take business as: OAK VALLEY CHEVRON, 886Oak V*By Parkway, 8saumn*. CA 92223, Riv- erside. B & M 08 Land Inc., 888 Oak Vo840y Park- way. Beaumont CA 92229, CA. This buds* Is mat ducted by Corporation. Registrant began business under the fol ilio s business name(s) lied above on August 1 declare Nal as the 1040.0 won in this state- ment is sura and Cares. (A negaha0 who decants as true, 08080aMach he or she rows to he ase Is play of a crime. (BSP Coes 17930.) L am also FICTTT10U5 BUSINESS NAME STATEENE FSE R-201206293 The tole** person(s) is (ate) doing bteiees *1 THE ALLEY BARBER & HAIR STYLING MAI, 5668 W. Ramey, Deming, CA 92220, Raasde. Na - gas Yolanda Cascades, 04711.+Gegyan- This.. Mi- ning, arnng, CA 92220. This busi- ness uaFn6* b conducted by Indi- vidual. Registrant h* not yet been to transact busi- ness weer to 886 names) reed above. I de- dive o-Give that al to intones/ion In this eaten** is 401true6 are conk* (*my*a8 who 'declare se aa8 Monne Bon Mich he or she Shoes to be Me a gully da crime. (B88 Cada 17930.) I a0 also alae 0W all t0 HamaYa, in is eras mat become Public Re- mispamin%s-Maga da 00.0 s. This state- ment was Rod with. M 0101603 Cel of Riva6ae Cagy on 07202012 No- tice: otine: Tho Fictitious Busi- ness Name Statement sec- pine o-pile nit years from Ma Mel was Ned in Be office of the Cony Cede A new ragtime Menem Naw Statement must belled be- fore 801 ere. The Tag of this seamed cpm not it - set authorise to tat in this sae of a Natos Menem mine Nvelattlon 91, t-- O theakari*tl rce rNat, era mats or common ere (Bee Sembn 14411, Et Seq., BAP Code). Gazelle No. bis Recent No. 74878 MAO, 17, 24, 31, 2012 FICTITIOUS BUSINESS HALE STATEMENT RLE R-2012.06001 The knlbing personas) is (are) doing business as: N2KID2 PRESCHOOL. AND CHID CARE 1008 Or8Vood prat*, Banning, CA 92220, Rivesde. Te- tany Dae) Nasi.lodom, 1008 Driftwood Cade, Ban- ning. CA 92220. The bus/ nem is *twisted by: Yhch Mud. Rogesat has no yet begun to basad busi- ness ossness aiderto -*Koos* eg) 86.14 a1W*. 1 dv- d*e tat all era Home6on nhis statement issue and sorted. (A mashes who declares as b,e nterne- 8on which he or she Iwows to We table is pity of a 0,000. (BSP Code 17930.) I am also awae that a to information in hie Moe m** becomes Pubic R... cad upon 1mg. -0- Tway Nash -Jordon. its state- ment was' Ned with the Cony Clerk of Riverside Casey on 07/122012. No- tice TN. Ratous Susi netts Name Statement ex- pires five yeas from the date M was Red in the °hoe of the Cary Clwk. A new Pelmas Business Norte Statement mast be fled be-. tae Sha tee. The fang of this statement apes not g- ear *Vadat die neenthis seam of a Wakes business nano In v)niat 0,. of the rights of anther oda fad - mat stale or common law (see Section 14411, El See. B6P Code). Publish The Record Graeae No. 73911 • 07/27 8 0003. 10.17.2042 FICTITIOUS BUSINESS NAME STATEMENT FILE R-2012-07980 The foaming person(s) is (am) doing business ess es' LEYVA & ASSOCIATES, 4468 W. Gilman St.. Ban. ming. CA 92220. Riverside: P.O. Box F.O., Beaumont, CA 92223. Ralph L0yva, 4488 W. Gilman 5L, Ban- ning, CA 92220. This boat- man is conduced by: ma- vbua. Regceag began business under the Maas baseless name(s) ead above on 06//82007 i de - that as the Herniation in Ne statement is true and correct. (A negatron we declass as tun, 1.040m08 I60 shish he or she knows b be nese is gusty of a ane. (B*P Cade 17930.) 1 am also awes that as the intimation in this stae- mem becomes Public Re - coon torah Rug. s- Rapp negro. This staenent won Red with to County Clerk of .Riverside County on 07/12/2012. Nohow This Fictitious Suave* Naw Statement expires five years tom the dale 8 was Red in the office of the Gamy Cerk A new Flea- bane abtau fastness Nemo 13te1e- mem ,est be Med'tefent Mt lime- The filing of this statement does not itself acme* 8a *e in this blab of a Ntame 4sbess nab in violation 01 t0 dols d another hander ed- aat sada Or ormnon ew (tat Section 14411. 51 Sag, BOP Gado). Publish The Med 06* No. 73672 0720, 27808/03, 10, 2012 F(CTRIOUS BUSINESS NAME STATEMENT RLE 9-2012-00093 The Mewing peed(*) is (are) doing business as: A HOMEOWNERS SOLD - 11044, 300 S. Highland Ave., gab 60-252 Ban- ning, CA 92220. Riverside. John Edward WesNdh*r, 300 S. Rohl** Ave, Supe OC -252, Banning. CA Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE # 1024 -78144 -4TH ST. State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: October 12, 2012 Executed on: 10/12/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, October 2, 2012 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter: Ordinance No. 1024 Establishing the Fourth Street Extension Area Benefit Fee It is the purpose and Intent of this Ordinance to establish a development impact mitigation fee of $497.46 for each new home and equivalent commercial or industrial unit built in Fourth Street Extension Area of Benefit as shown in the Mitigation Fee Study on file at the City of Beaumont, 550 E. Sixth Street, Beaumont, CA 92223. The fee will be used to mitigate the impacts of future development on the City's transportation system within the Area of Benefit. Ordinance No. 1024 was adopted at its second reading on October 2, 2012 by the following vote: AYES: Mayor Berg, Council Member Fox, Castaldo, and DeForge NOES: Council Member Gall ABSTAIN: None ABSENT: None Date: October 8, 2012 Kyle Warsinski Community Development Analyst Publish The Record Gazette No. 78144 10/12, 2012 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 74871 Notice - City of Beaumont - Ordinance No. 1024 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/10, 2012 Executed on 08/10, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature EES NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, August 21, 2012 at 6:00 p.m. in Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beau- mont, California 92223, to ive testimony and- ments-from persons g e adoption of the following matter: Ordinance No. 1024 Requiring Payment- of De- velopment Impact Fees for the Fourth Street Extension Project It is the purpose and intent of this Ordinance to establish a development impact mitigation fee of $497.46 for each new home and equivalent commercial or industrial unit built in Fourth Street Extension Area of Benefit as shown in the Mitigation Fee Study on file at,fhe City of Beaumont, 550 0.Axth.Street, B au- mont, Ck 12223. The' fee will be used to mitigate the impacts of futuredd p rnent on the City's transpor- tation system within the Area ofenefit. Date: August 10, 2012 /s/ Shelby Hanvey Deputy City Clerk Publish The Record Gaz ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.03.120 "PERMITTED USES FOR BASE ZONES," AMENDING CHAPTER 17.03.150 "PERMITTED USES FOR OVERLAY ZONE DISTRICTS," AND AMENDING CHAPTER 17.14.030 "DEFINITIONS (A THROUGH Z)," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.03.120, entitled "Permitted Uses for Base Zones", Table 17.03-3 Churches and Monasteries, convents, or similar religious use, is hereby amended to the Beaumont Municipal Code to read as: Permitted Land Uses and Use Religious Institutions Churches RC N PF C C RSF st C F> C P CC' P C Ci P Monasteries, Convents, or Similar Religious Use N C C C C P P C P Section 2: Chapter 17.03.150, entitled "Permitted Uses for Overlay Zone Districts", Tabie17.03-4 Churches and Monasteries, convents, or similar religious is hereby amended to the Beaumont Municipal Code to read as: Ta Permitted Land Uses ver ay Religious Institutions Services Churches P P P Monasteries, Convents, or Similar Religious Use P P P Section 3: Chapter 17.14.030, entitled "Definitions (A through Z)", Church is hereby amended to the Beaumont Municipal Code to read as: "Church A facility used for religious worship and incidental religious education and/or activities, including a parsonage which shall be a maximum of 1,200 square feet or 50% of the assembly hall whichever is less. Setbacks and parking shall meet the residential single family 1 requirements. This definition does not include private schools as defined in this section on the Zoning Ordinance" Section 4: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 21st day of August, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Gall NOES: None ABSTAIN: None ABSENT: Council Member Fox MOVED, PASSED AND ADOPTED this 18th day of September, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATT, `T: Deputy City Cle Roger Berg, Mayor 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORD. AMENDING TABLE 17.03-3 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general cfrculaticn as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: July 20, 2012 Executed on: 07/20/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the City Council wtll conduct public hearings with respect to the matter described below. The City Coundrs pubic heating on this matter will be held at 6:00 p.m. on Tuesday, August 7, 2012 in the Council Chambers at Beaumont City Hall, 550 East Sixth Street, Beaumont, California to receive testimony and comments from all interested persons regarding the adoption of the fotowing matter(s): An Ordinance Amending Table 17.03-3 'Permitted Land Uses for Base Zone Districts,' Table 17.03-4 'Permitted Land Uses for Overlay Zone Districts,' and 17.14.030 "Definitions' within Chapter 17, 'Zoning' to amend the requirements for Churches and Monasteries, convents, or singer religious use throughout the City of Beaumont The purpose of these amendments is to change the requirements for Churches and other religious uses. Date: July 11, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 73550 07/20, 2012 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORD. AMEND. TABLE17.03-3-77051 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 28, 2012 Executed on: 09/28/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, August 7, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street Beaumont, Caltiamia 92223, to receive testimony and comments from all Interested persons regarding the adoption of the following matter(s): An Ordinance Amending Table 17.03-3 "Permitted Land Uses for Base Zone Districts,' Table 17.03-4 °Permitted Land Uses for Overlay Zone Districts," and 17.14.030 'Definition" within Chapter 17, "Zoning" to amend the requirements for Churches and Monasteries, convents, or similar religious use throughout the City of Beaumont. The purpose of these amendments is to change the requirements for Churches and other religious uses. Ordinance No, 1025 was adopted at its second reading on September 18, 2012 by the following vote: AYES: Mayor Berg, Council Members De Forge, Castalo, Fox, and Gall NOES: None ABSTAIN: None ABSENT: None Date: September 19, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 77051 09/28, 2012 ORDINANCE NO. 1026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING CHAPTER 5.40 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "FORTUNE TELLING" WHEREAS, on November 12, 1968, the City Council approved Ordinance 396, prohibiting Fortune telling and similar practices in the City of Beaumont; and WHEREAS, the California Supreme Court ruled that "Fortune Telling" is protected speech under the Constitution, subject to reasonable regulations. NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Chapter 5.40 of the Beaumont Municipal Code is hereby amended in its entirety to read as more specifically set forth on Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2. Effective Date. This ordinance shall take effect on the 31St day following its adoption. MOVED. PASSED AND APPROVED this 18th day of September, 2012 by the following vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Gall, and Fox NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 2nd day of October, 2012, upon the following vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Gall, and Fox NOES: None ABSTAIN: None ABSENT: None ATTEST: DEPUTY CIT LERK 4 ---e---- Roger Berg, Mayor property by such means; or to describe, expound or resolve any matter pertaining to business, finance, romance, bereavement, or good or bad fortune, by means, or pretending, assuming or undertaking to do any of the above mentioned things or to aid or assist any other person in so doing; or to make, sell or give away charms, potions, talismans or magic articles, or anything purporting to be such. B. "Fortune Teller" shall mean any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or other means whatsoever the practice of fortune telling and/or occult arts, and shall include any person who advertises as a "psychic" or "spiritual reader" or "spiritual counselor" for the purpose of the practice of fortune telling and/or the occult arts; C. "Fortune Telling Establishment" shall mean the premises, location or place advertised for or purported to be used for the practice of fortune telling and/or occult arts. (Ord. 1026, 10/2012) 5.40.030 Permit Required A. No person, association, partnership or corporation shall conduct, operate or advertise for an establishment in which the practice of fortune telling and occult arts is carried on for pay, compensation or gratuity without obtaining and maintaining in effect a permit as required in this Chapter. 1. No Permittee hereunder shall employ any person who practices fortune telling and/or occult arts, or who offers to or solicits to perform fortune telling and occult arts, or who holds himself/herself out to be a fortune teller if said person does not hold a current, unrevoked permit as required by this Chapter. 2. No permit shall be issued to any person who is not eighteen years of age or older. (Ord. 1026, 10/2012) 5.40.040 Exemptions This Chapter shall not apply to: A. Any person who conducts or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant from any bona fide church or set of religious principles that is recognized by all churches of like faith; provided further, that the fees, gratuities, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of said church or religious association; E. The Social Security number and a California Driver's License or California Identification Card number or other satisfactory government -issued identification number of the applicant; F. The applicant's height, weight, hair and eye color, and all distinguishing marks, scars or tattoos; G. Business, occupation or employment history of the applicant for a period of five years preceding the date of application; H. The name or names under which the applicant proposes to conduct said activity or practice and the business address of the premises where such practice is to be carried on in connection with a similar or other kind of business; I. The name or names, both true or fictitious, and addresses of any and all persons, associations, partnerships or corporations holding an interest or involvement in said interest or involvement; J. A statement of any and all criminal convictions, except minor traffic offenses not designated as a felony, including the nature thereof, where they occurred and the sentence therefore; K. A list of fortune telling or similar licenses currently or previously held by the applicant and whether any such license had been revoked or suspended and the reason therefore; L. A list of at least three character references unrelated to the applicant by blood or marriage, and known to the applicant for at least five years. The list shall include true and fictitious names and current addresses and telephone numbers of said character references; M. Any additional information as needed by the Chief of Police to complete the investigation. (Ord. 1026, 10/2012) 5.40.070 Approval by the Chief of Police A. At the time the application is filed, the applicant shall pay the fee charged by Department of Justice for fingerprint processing and the permit fee for processing the application and investigation. The Chief of Police or his/her authorized representative, shall conduct and complete an investigation of the statements made in the application and the background of the applicant. Upon completion of the investigation, the Chief of Police may approve or deny the application. The endorsement "approved" shall constitute a permit for the applicant upon payment of the business tax to the City as required by BMC. B. In the event of such refusal (denial of permit), a copy of the application with reasons shall be sent to the applicant by means of certified mail. The applicant shall have seven calendar days from receipt of the City's certified letter to appeal the decision. In the event the certified letter is returned to the city unsigned, the appeal period shall be deemed to be fourteen (14) calendar days from postmark. (Ord. 1026, 10/2012) 5.40.120 Records Every person, association, partnership or corporation operating a fortune telling establishment under a permit as herein provided shall keep accurate business records. Said records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the fortune telling establishment. Failure to keep and maintain said records as provided in this section shall be grounds for suspension or revocation. (Ord. 1026, 10/2012) 5.40.130 Hearing and appeal A. Prior to the revocation and suspension of any permit issued pursuant to the provisions of this chapter, a hearing shall be held by the Chief of Police. Written notice of the grounds for the hearing as well as its time and place shall be mailed to the permittee seven days in advance of the hearing. Within twenty-four hours after the conclusion of the hearing the Chief of Police shall mail written notice to the permittee of his decision. B. The decision of the Chief of Police may be appealed to the City Council in accordance with the provisions of Section 5.40.130. (Ord. 1026, 10/2012) 5.40.140 Appeal to the City Council An appeal may be taken to the city council by any person aggrieved by an order of the Chief of Police concerning the denial, suspension or revocation of a permit. The right of appeal is subject to the conditions and procedures set forth in this section: A. Procedures - Time Limitations. An appeal to the city council shall be made by filing a petition in triplicate with the city clerk not later than fourteen (14) days from the decision of the Chief of Police or the mailing thereof, whichever is later. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition, the city clerk shall immediately forward a copy to the Chief of Police and within ten days following the filing of appeal the petition shall be placed on the agenda of the City Council. If the City Council will not have held a meeting within the aforesaid ten- day period, then the petition shall be received by the City Council at its next regularly scheduled meeting. Upon receipt of the petition, the City Council shall set the matter for hearing and give the appellant notice of a time and place for the hearing. The notice shall be given in person or by mail not later than ten days prior to the hearing. The hearing shall be held not later than thirty days following receipt of the petition by the City Council. B. Action by City Council. In considering and ruling upon the appeal of the petitioner, the City Council shall judge the merits of the appeal based upon those grounds set forth in Sections 5.40.090 and 05.40.130 of this chapter. The Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 76299 Notice City of Beaumont Amending Chapter 5.40 - "Fortune Telling" State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 09/07, 2012 Executed on 09/07, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on -,Tuesday, September 18, 2012 at ap- proximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. ' 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): AN OR- DINANCE OF THE CITY COUNCIL OF . THE CITY OF BEAUMONt AMEND- ING CHAPTER 5.40 TO THE BEAUMONT MUNICI- PAL CODE ENTITLED "FORTUNE TELLING" The purpose of this Ordinance is for the Agency to estab- lish rules, regulations, an application and review process to permit "Fortune Telling" in the City of Beau- mont. Date: September 4, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 76299 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) AMENDING CHAPTER 5.40-77145 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: October 12, 2012 Executed on: 10/12/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, October 2, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING CHAPTER 5.40 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "FORTUNE TELLING" The purpose of this Ordinance is for the Agency to establish rules, regulations, an application and review process to permit "Fortune Telling' in the City of Beaumont. This Ordinance was adopted at Its second reading on October 2, 2012 by the following vote: AYES: Mayor Berg, Council Member Fox, Castaldo, DeForge and Gall NOES: None ABSTAIN: None ABSENT: None Date: October 8, 2012 Kyle Warsinski Community Development Analyst Publish The Record Gazette No. 78145 10/12, 2012 Agenda Item No. STAFF REPORT To: Honorable Mayor and Council Members From: Community and Economic Development Department Date: September 18, 2012 Subject: An Ordinance of the City of Beaumont Amending Chapter 5.40 of the Beaumont Municipal Code entitled "Fortune Telling" to allow and regulate Fortune Telling Businesses EXECUTIVE SUMMARY: • Amends BMC Chapter 5.40 "Fortune Telling" to allow with proposed regulations the Business of Fortune Telling in Commercial Zone districts. • Currently Fortune Telling is prohibited in the City and the Code needs to be updated due to a CA Supreme Court ruling. • Allows for a application process for these types of businesses to apply in Commercial zones that would accommodate the use RECOMMENDATION: • Staff recommends that the City Council review the proposed Ordinance and APPROVE the Ordinance at its first reading. Background and Analysis: Staff has been contacted by an interested business owner that would like to relocate their existing Fortune Telling business to the City of Beaumont. The current code section relating to Fortune Telling was approved in 1968 and prohibits this type of use Citywide. The proposed Ordinance would amend Chapter 5.40 "Fortune Telling" to create a Fortune Telling Permit application and approval process for this type of business, allowing the use in Commercial Zone districts. The intent of the prohibition was to limit potential negative impacts from these types of uses on customers. In 1985 the California Supreme Court ruled the business operation of Fortune Telling was not commercial speech and therefore it is protected speech under the First Amendment. The Court Ruling stated it would be unconstitutional for a City to prohibit the business of "Fortune Telling." The ruling also stated a City could allow the operation with regulations as each deems appropriate. With regard to the mitigation of potential negative impacts related to certain uses, Staff believes this can be accomplished and managed through a Fortune Telling Permit Application process, which includes fingerprinting through the Department of Justice. During this process the Chief of Police or his/her authorized representative shall conduct and complete an investigation of the statements made in the application and the background of the applicant. Upon completion of the investigation, the Chief of Police may approve or deny the application. The Fortune Telling permit approval allows the City to inspect the premises and business records to monitor the subject use and to initiate proceedings for revocation of the permit if the rules of the Beaumont Municipal Code, Building code or Fire Code are violated. RECOMMENDATION: Staff recommends that the City Council: 1. Hold a Public Hearing 2. APPROVE the Ordinance at its first reading, amending Chapter 5.40 "Fortune Telling" of the Beaumont Municipal Code in its entirety. Very truly yours; CITY OF BEAUMONT yle Warsinski Community Development Analyst ORDINANCE NO.1027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA REPEALING SECTION 1.16.050 ET SEQ. OF CHAPTER 1.16 OF THE BEAUMONT MUNICIPAL CODE ENTITLED "ADMINISTRATIVE FINES AND PENALTIES" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS: Section 1: Repeal Beaumont Municipal Code Section 1.16.050, including subsections 1.16.050.1 through 1.16.050.6 inclusive, which Section is entitled "Administrative Fines and Penalties", is hereby repealed in its entirety. Section 2: Effective Date This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 2nd day of October, 2012, by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 16th day of October, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox and Gall NOES: None ABSTAIN: None ABSENT: None ATTA1 416 Deputy City Cler ir By ROGER BERG, Mayor 1 The foregoing is certified to be a true copy of Ordinance No. 1027 duly introduced at a regular meeting of the City Council of the City of Beaumont held on October 2, 2012, and was duly adopted upon a second reading on October 16, 2012, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 2 Shelby Hanvey, eputy Ci Clerk CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 2, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California Repealing Section 1.16.050 ET SEQ. of Chapter 1.16 of the Beaumont Municipal Code Entitled "Administrative Fines and Penalties" Date: September 17, 2012 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette September 21, 2012 STAFF REPORT TO: City Council FROM: City Attorney DATE: October 2, 2012 010V SUBJECT: Ordinance repealing Section 1.16.050 from the Beaumont Municipal Code BACKGROUND: Section 1.16.050 of the Beaumont Municipal Code and Chapter 1.17 are very similar and redundant, but the latter is more detailed and useful. Our Code Enforcement Officers find that the two procedures create confusion and recommend that Section 1.16.050 et. seq. be removed from the Code, leaving one detailed procedure to follow. RECOMMENDATION: Therefore, staff recommends that the Ordinance be adopted as presented. Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 78802 Notice City of Beaumont Ordinance # 1027 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 10/26, 2012 Executed on 10/26, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. LEGAL NOTICE NOTICE IS HEREBY GGIVElyAICouncil, that the Beconducted aumonta PIC hireling on Tuesday, ractober 2 2912 -et pptoi i- mateIy 6:00 p.m. In room 5 at the Beaumont Civic Cen- ter, 550 E. 6th Street,. CalIfornia ; teireeeive testirrwny the adoption of the ing matter(s): Ordinance No. 1027 An of the Gh Council of the aty of Beaumont, CaBforrNt R. peatng Section 1.16.050 ET SEQ. oft he r 1.16 of the Beaumont M Code Entitled "Adm nistra- tive Fmes and Penalties" Ordinance No. 1027 was adopted at its second read - by tlta` only, ,at the Co regular *City : Council Meet- ing of October 16, 2012 by the following vote: AYES: Maybe Berg, Count Members Caemkfo, - oe Forge, Fox, Gall NOES: None ABSTAIN: None Absent: None Detre: October 22, 2012 -ss- St>Biby Hanvey Depu -CitY Clerk Publish only In the Record. Gazette October 26, 2012 Publish The Record Gazette No. 788°2'6, 2162 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, October 2, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1027 An Ordinance of the City Council of the City of Beaumont, California Repealing Section 1.16.050 ET SEQ. of Chapter 1.16 of the Beaumont Municipal Code Entitled "Administrative Fines and Penalties" Ordinance No. 1027 was adopted at its second reading, by title only, at the regular City Council Meeting of October 16, 2012 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, Gall NOES: None ABSTAIN: None Absent: None Date: October 22, 2012 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette October 26, 2012 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) REPEALING-FINESPENALTIES-77000 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general _ circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 21, 2012 Executed on: 09/21/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, October 2, 2012 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California Repealing Section 1.16.050 ET SEQ. of Chapter 1.16 of the Beaumont Municipal Code Entitled "Administrative Fines and Penalties" Date: September 17, 2012 -ss- Shelby Hanvey Deputy City Clerk Publish The Record Gazette No. 77000 09/21, 2012 ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.09.050 "DEVELOPMENT STANDARDS FOR PENS, STABLES, AND OTHER ANIMAL KEEPING USES," AND AMENDING CHAPTER 17.09.030.B "SMALL ANIMALS," OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 17.09.050, entitled "Development Standards for Pens, Stables, and Other Animal Keeping Uses", is hereby amended to the Beaumont Municipal Code to read as: 17.09.050 Development Standards for Pens, Stables, and Other Animal Keepincl Uses. Accessory structures and other improvements related to the keeping of animals must conform to the following development standards. A. Horse Stables. Horse stables are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The stable shall be located at least fifty (50) feet from any street and not Tess than fifty (50) feet from any lot line. B. Riding Ring and Dresage Ring. Other equestrian improvements are restricted to those lots that have a total land area of more than one (1) acre. Such uses shall be located at least one hundred and fifty (150) feet from any street and not less than fifty (150) feet from any lot line unless a standards modification is approved. C. Enclosures for Other Large Animals. Pens and enclosures for other large animals identified under Section 17.09.30.A are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The pen or enclosure shall be located at least Fifty (50) feet from any street and not Tess than fifty (50) feet from any lot line. D. Pig Pens. Pig(s) shall be confined in a pen or other enclosure. If the pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor. Pens and enclosures for pigs are permitted only on lots containing a residential unit that has a minimum area of twenty thousand (20,000) square feet. The pig pen shall be located at least fifty (50) feet from any street and not less than fifty (50) feet from any lot line unless a standards modification is approved. ble 17.09-2.. Development Standards for Stables, Pens, and Enclosure Equestrian Stables tback Fra Street 50 feet Setback from Adjacent Property 50 feet 20,000 square feet Equestrian Rings 50 feet 150 feet One (1) acre Sheep and Goat Pens 50 feet 50 feet 20,000 square feet Pig Pens 50 feet 50 feet 20,000 square feet Cattle 50 feet 50 feet 15,000 square feet 1 E. Enclosures for Small Animals. Any pen, coop, or enclosure for the keeping of domestic animals identified under Section 17.09.30.8 shall be located at least one hundred (100) feet from any street and not less than fifty (50) feet from any lot line. F. Modifications. Requests for modifications from the setback requirements of this Section shall be submitted to the Planning Director for consideration. Section 2: Chapter 17.09.030.B, entitled "Small Animals", is hereby amended to the Beaumont Municipal Code to read as: Small Animals. Small animals permitted in all residential zones shall include birds, chickens, peafowl, duck and other fowl, monkeys, rabbits and similar species which do not constitute a public nuisance. Other similar small animals that in the opinion of the Planning Director are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are permitted. Such animals shall be kept or maintained at a place where the keeping of domestic animals is permitted and shall be maintained in full compliance with Riverside County Health Department regulations. The number of small animals is limited to no more than ten (10) per household. No more that 4 birds, chickens, or other fowl shall be permitted per section 6.02.0160. Section 3: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 4th day of December, 2012, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 18th day of December, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None ATTE Deputy City Cler Roger Berg, Mayor 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE -80215 -WATTAGE -PENS State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: November 16, 2012 Executed on: 11/16/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public heating on Tuesday, December 4, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Cardomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, Califomia amending Section 8.50.70.2 'Maximum Wattage and shielding' and 8.50.090.10A.1 'Layout of Poles' of the Beaumont Municipal Code Entitled "Outdoor Lighting". The purpose of this amendment is to amend Section 8.50 "Outdoor Lighting" which indicates the requirements applicable to all Outdoor Lighting. An Ordinance of the City Council of the City of Beaumont, California amending Section 17.09.050 "Development Standards For Pens, Stables, and Other Animal Keeping uses," Amending Chapter 17.09.030.6 "Small Animals," and Amending Chapter 17.09.030.0 'Dogs and Cats," of the Beaumont Municipal Code Entitled 'Animal Keeping". The purpose of this amendment is to amend Section 17.08 "Animal Keeping' which indicates the requirements applicable to Animal Keeping in all zones. Date: November 12, 2012 Rebecca Deming Director of Planning Publishn The Record Gazette No. 80215 11/16, 2012 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 82021 Notice - Beaumont Ordinance No. 1028 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/28, 2012 Executed on 12/28, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday, December 4, 2612 proximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califor- nia 92223, to receive testi- mony anti comments from all interested - persons re- garding the adoption of the following matter(s); Ord- nance- No. 1028 An . Ordi- nance of the Cay Oouncif of the City of Beaumont, Cali- fornia : `amending Section 17 .050 "Dereitopment Standards For Pens, Sta- bles, and Other Animal Keeping uses" and Arr ing -Chapter 17.09.030,E "Small Animals," of the Beaumont Municipal Code Entitled "Animal Keeping". The purpose of this amend- ment is to amend Section 17.08 "Animal Keeping" which indicates the require- ments applicable to Animal Keeping inall zones. Ord- nance No. 1028 was adopted at its second read- ing on'December 16, "2012 by the following vote: AYES: Mayor Berg, Coun- cil Members Castaldo, De Forge, Fox and Knight NOES: None ABSTAIN: None ABSENT: None .- Date: December 20, 2012 Rebecca Deming Director of Planning Publish The Record Gazette Not 82021 12/28,;201-2 ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 8.50.070.2 "MAXIMUM WATTAGE AND SHIELDING," SECTION 8.50.090.10 "LAYOUT OF POLES," SECTION 8.50.090.11 "LAYOUT OF POLES AT PEDESTRIAN CONFLICT AREAS FOR RESIDENTIAL NEIGHBORHOODS" AND ADDING CHAPTER 8.50.095 "DIAGRAMS AND EXHIBITS" WITHIN CHAPTER 8.50 "OUTDOOR LIGHTING" OF THE BEAUMONT MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 17.50.070.2, entitled "Maximum Wattage and Shielding", is hereby amended to the Beaumont Municipal Code to read as: 8.50.070.2 Maximum Lumen and Shielding. All outdoor lighting shall comply with the following lamp lumen limits and shielding requirements: a. Fully shielded: 60,000 lumens (or equivalent) maximum; b. Shielded: 1,500 lumens (or equivalent) maximum; c. Partly shielded: 825 lumens (or equivalent) maximum; d. Unshielded: low voltage (twenty-four (24) volts or less) landscape and ornamental lighting; e. Prohibition against adjustable light fixture mounts: outdoor lighting fixtures shall be permanently installed so as to maintain the shielding requirements, except that landscape and ornamental lighting may use flexible or adjustable mounting systems. Section 2: Section 8.50.090.10, entitled "Layout of Poles", is hereby amended to the Beaumont Municipal Code to read as: 8.50.090.10 Layout of Poles. Will be based on the following street width design: A. 36, 40 and 44 foot streets. These are Local/Collector Streets, will be 70 watt or 100 watt luminaire, the standard is 100 watt. 70 watt will be used on interior streets of tracts at intersections, knuckles and cul-de-sacs. 1 1. For RESIDENTIAL streets the only lights to be installed are at intersections, knuckles, cul-de-sacs, or bends where other street lights are not visible. A midblock light shall permitted in areas in which the block is longer than 1,000 feet. The lights will not be metered; they will be served under the LS -2 standard of SCE. They will be served from the nearest Point of Contact, a hand hole, transformer pad or other approved junction point. A 70 -watt fixture is to be installed on a Type A twenty -three-foot pole with a mounting height of twenty-six feet. The arm is to be six (6) feet long. When installed the minimum average foot-candles on the lanes of travel will not be less than .37 foot- candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .06. See diagrams 9.A.1A for photometric layouts. Refer to pole standard 1, Type A. Additional lighting may be permitted per Section 8.50.090.11 for pedestrian conflict areas such as around parks, schools and public meeting places. 2. For COMMERCIAL streets only 200 -watt fixtures and poles can be used. The minimum average foot-candles on the lanes of travel will not be less than .84 foot- candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .16. The maximum spacing will be two hundred twenty (220) feet with stagger or straight spacing. See diagram 9.A.2 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 3. For RURAL streets the only lights to be installed are at intersections, knuckles, cul-de-sacs, bends, or other conflict areas as determined necessary by the Director of Planning. The lights will not be metered; they will be served under the LS -2 standard of SCE. They will be served from the nearest Point of Contact, a hand hole, transformer pad or other approved junction point. A 70 -watt fixture is to be installed on a Type A twenty -three-foot pole with a mounting height of twenty-six feet. The arm is to be six (6) feet long. When installed the minimum average foot-candles on the lanes of travel will not be less than .37 foot-candles. The average divided by the minimum will be in a ratio of 6:1. The minimum foot-candles will be .06. See diagrams 9.A.1A for photometric layouts. Refer to pole standard 1, Type A. B. 56 and 64 foot streets. These are Divided Collector or Secondary Highways, will be 200- and 250 -watt luminaire. 1. For RESIDENTIAL streets the minimum average foot-candles on the lanes of travel will not be less than .66 foot-candles. The average divided by the minimum will be in a ratio of 4:1. The minimum foot-candles will be .16. The maximum spacing will be two hundred forty (240) feet with a straight or stagger spacing. Use a 200 -watt luminaire. See diagram 9.B.I for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.12 foot-candles. The average divided by the minimum will be in a ratio of 4: 1. The minimum foot-candles will be .28. The maximum spacing will be two hundred (200) feet with a stagger or straight spacing. Use a 250 -watt luminaire. See diagram 9.B.2 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 2 3. For RURAL streets the only lights to be installed are at intersections, knuckles, cul-de-sacs, bends, or other conflict areas as determined necessary by the Director of Planning. When installed the minimum average foot-candles on the lanes of travel will not be less than 1.12 foot-candles. The average divided by the minimum will be in a ratio of 4: 1. The minimum foot-candles will be .28. Use a 250 -watt luminaire. Refer to pole standard 3, Type C -I or Type C-2. C. 76 foot and wider streets. These are Major or Arterial Highway or urban alternate streets, will be 250- and 400 -watt luminaire. 1. For RESIDENTIAL streets the minimum average foot-candles on the lanes of travel will not be less than .84 foot-candles. The average divided by the minimum will be at a ratio of 3: I. The minimum foot-candles will be .28. The maximum spacing will be two hundred (200) feet with a stagger or straight spacing. Use a 200 -watt luminaire. See diagram 9.C.1 for photometric layouts. Refer to pole standard 3, Type C -I or Type C-2. 2. For COMMERCIAL streets the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot-candles. The average divided by the minimum will be at a ratio of 3: 1. The minimum foot-candles will be .40. The maximum spacing will be one hundred eighty (180) feet with a stagger or straight spacing. Use a 250 -watt luminaire. See diagram 9.C.2 for photometric layouts. Refer to pole standard 3, Type C- 1 or Type C-2. 3. If the street has a raised median, the preferred placement of the luminaries is doubled up on the poles mounted in the median. This is the most economical and best layout. This would be when a developer is responsible for the whole street width improvement. 4. If the street has a painted median, the placement of the luminaries is on the sides of the streets, not in the painted median. This is when the developer is responsible for one-half (1/2) the street improvement and the other half is a different developer's responsibility. 5. For RURAL streets the only lights to be installed are at intersections, knuckles, cul-de-sacs, bends, or other conflict areas as determined necessary by the Director of Planning. When installed the minimum average foot-candles on the lanes of travel will not be less than 1.3 foot-candles. The average divided by the minimum will be at a ratio of 3: 1. The minimum foot-candles will be .40. Use a 250 -watt luminaire. Refer to pole standard 3, Type C -I or Type C-2. Section 3: Section 8.50.090.11, entitled "Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods", is hereby amended to the Beaumont Municipal Code to read as: 3 8.50.090.11 Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods. Will include but are not limited to intersections, marked crosswalks, cul-de-sacs, knuckles, areas around parks, schools and public meeting places. Where Type A poles are required, the layout will be twenty -six-foot poles with 70 -watt luminaries spaced at one hundred ninety (190) feet, straight or stagger spacing, with all mid -block lights installed. The minimum average foot-candles are .37 foot- candles on all lanes of traffic. The average divided by the minimum will be at a ratio of 6: 1. The minimum foot-candles shall not be less than .06 foot-candles. When required foot candles cannot be meet due to wider streets a Type D (100 -watt) pole shall be allowed with a maximum spacing of two hundred forty (240) feet with a stagger or straight spacing. See diagrams 9.A.1 B for photometric layouts. Refer to pole standard 2, Type D. Section 4: Section 8.50.095, entitled "Diagrams and Exhibits", is hereby added to the Beaumont Municipal Code to read as: 8.50.095 Diagrams and Exhibits. All Diagrams and Exhibits referenced in this chapter shall be kept on file in the Office of the Director of Planning. Section 5: This Ordinance shall take effect as provided by law. MOVED, PASSED, and APROVED upon first reading this 4th day of December, 2012, by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 18th day of December, 2012, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None Deputy City CI Roger Berg, Mayor 10 4 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE -80215 -WATTAGE -PENS State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit; November 16, 2012 Executed on: 11/16/2012 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council will conduct a public hearing on Tuesday, December 4, 2012 at approximately 6:00 p.m. in the Room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont, California amending Section 8.50.70.2 "Maximum Wattage and shielding" and 8.50.090.10.A.1 "Layout of Poles" of the Beaumont Municipal Code Entitled "Outdoor Lighting". The purpose of this amendment is to amend Section 8.50 "Outdoor Lighting" which indicates the requirements applicable to all Outdoor Lighting. An Ordinance of the City Council of the City of Beaumont, Califomia amending Section 17.09.050 "Development Standards For Pens, Stables, and Other Animal Keeping uses," Amending Chapter 17.09.030.8 "Small Animals," and Amending Chapter 17.09.030.0 "Dogs and Cats," of the Beaumont Municipal Code Entitled "Animal Keeping". The purpose of this amendment is to amend Section 17.08 "Animal Keeping" which indicates the requirements applicable to Animal Keeping in all zones. Date: November 12, 2012 Rebecca Deming Director of Planning Publishn The Record Gazette No, 80215 11/16, 2012 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 82022 Notice - Beaumont Ordinance No. 1029 State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/28, 2012 Executed on 12/28, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature Legal Advertisement NOTICE IS HEREBY GIVEN that the Beaumont City Council conducted a public hearing on Tuesday,. December 4, 2012 at ap- proximately 6:00 p.m. in the ,,Room 5 at the Beaumont Civic Center, 550 E. "8th Street, Beaumont, Califor- nia 92223, to receive testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): Ordi- nance No. 1029 An Ordi- nance of the City Council of the City of Beaumont, Cali- fornia amending Chapter 8.50.70.2 "Maximum Watt- age and Shielding. " Chap- ter 8.50.090.10 "Layout of Poles," Chapter 8.50.090.11 "Layout of Poles at Pedestrian Conflict Areas for Residential Neighborhoods' and Add- ing Chapter 8.50.95 "Dia- grams and Exhibits of the Beaumont Municipal Code Entitled ."Outdoor Lighting". The purpose of this amend- ment is to amend Seolon 8.50 "Outdoor E,gtg" which indicates the noire - manta applicable to all Out- doer- ut- itighljpg. Ordinance 'o second r on Decem- ber 48, 2012 by the follow - AYES; Mailior BEIM, Members Cam, ;De Forge, Fox and Knight NOES: None ABSTAIN: None ABSENT: None Date: December 20, 2012 Rebecca Deming Director of Planning Publish The Record Gazette No. 820P_2 12/28-.20t2 Ordinance No. 1 0 3 0 An Uncodified Ordinance of the City Council of the City of Beaumont Establishing Speed Limits On Certain Streets in the City of Beaumont The City Council of the City of Beaumont, California, does ordain as follows: WHEREAS, in accordance with California Vehicle Code Section 40802, the Manual of Uniform Traffic Control Devices, and California Supplement published by Caltrans, Engineering and Traffic Surveys must be performed before the use of radar or other electronic devices for enforcement is authorized; and WHEREAS, the City in the fall of 2012 conducted and completed a new traffic engineering study and speed survey on two street segments identified in the Section 1 attached hereto; and WHEREAS, the results of the engineering and speed surveys conform to the requirements of the Vehicle Code, the Manual of Uniform Traffic Control Devices, and California Supplement published by Caltrans; and WHEREAS, the City's police officers have successfully completed a radar operator course, approved and certified by the Commission on Peace Officer Standards and Training, of not less than twenty four (24) hours on the use of police traffic radar; and WHEREAS, a radar, laser, or other electronic device used to measure the speed of a vehicle meets the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility; and WHEREAS, the Public Works Director has concluded and recommends that the speed limits set forth in Section 1 attached hereto are justified. Section 1— Adoption of Speed Limits The Following speed limits on the Street indicated below within the City of Beaumont are hereby established (see "New Speed Limit"): Road Identification Roadway Segment Speed Limit Before New Speed Limit Desert Lawn Drive Oak Valley Parkway to Champions Drive (N/SB) NP 45 Brookside Avenue Desert Lawn Drive to Union Street (E/WB) 50 45 Brookside Avenue Union Street to Beaumont Avenue (E/WB) 40 40 Brookside Avenue Beaumont Ave to Highland Springs Ave (E/WB) 40 40 Section 2: Compliance with Law Ordinance 1030 is enacted and Section 1 demonstrates the speed limits on certain street segments determined by an Engineering and Traffic Survey to be reasonable and most appropriate to facilitate the orderly and safe movement of traffic. The Public Works Director is hereby directed to provide notification to the public through the appropriate official traffic control devices in accordance with the California Vehicle Code. Section 3: Erection of Signs The Public Works Department is hereby authorized and directed to install and/or upgrade any or all immediately -appropriate signs giving notice of said speed limits. Section 4: Publication of Ordinance: Effective Date This Ordinance shall take effect thirty (30) days after the date of adoption and prior to the expiration of fifteen (15) days from passage thereof shall be published by the City Clerk at least once in a local newspaper of general circulation, published and circulated in the City of Beaumont, and thenceforth and thereafter the same shall be in full force and effect. MOVED AND PASSED upon first reading this 15th day of January, 2013, by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 5th day of February, 2013, upon second reading by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None ATT `T: 1 Deputy City Cler oger Berg, Mayor Speed Summary for 2012 Speed Zone Recertification Remarks - if reduction from nearest 5mph increment of 85th % speed is recommended Lack of continuous sidewalks; Designated Class 2 bike route Lack of continuous sidewalks; Designated Class 2 bike route Higher than Average Collision Rate; Designated Class 2 bike route / shared golf cart Lack of continuous sidewalks Lack of sidewalks; high pedestrian activity Higher than Average Collision Rate; High pedestrian activity Lack of continuous sidewalks; Designated Class 2 bike route; Higher than average collision rate Lack of sidewalks; high pedestrian activity; Higher than average collision rate Lack of sidewalks; high pedestrian activity; Higher than Average Collision Rate; High pedestrian activity High pedestrian activity; multiple resdiential driveways Higher than Average Collision Rate Lack of continuous shoulders / sidewalks; Frequent bicycle traffic Lack of continuous shoulders / sidewalks;school-age pedestrians Lack of continuous shoulders / sidewalks Higher than Average Collision Rate Lack of continuous sidewalks; Designated Class 2 bike route; Higher than average collision rate Lack of continuous sidewalks; Higher than average collision rate Designated Class 2 bike route and constrained design q speed I Lack of continuous sidewalks; Higher than average collision rate ILack of sidewalks; constrained design speed Collision Rate Compared 10 State -Wide Average Above } ) Above ! ! Above Above Above Below Above - ! Above - 2 ! ! Above Above Above 2 I Above 2 2 2 \\{ § , , 8.65 —, ,2. 4.03 , , , 5.84 - r°,, , , 2.36 , 7',, 1.12 3.05 , , /, /( ; § co-, \ m L:2 § § 7,',` § / § : ; ; 1, L,2 ; ',•,,; » m : / § 2 , 2 § ) § ) § K \ § § 2 § | 7 2 § / K § § § (73 ! / 2 / / \ § ) k \ \ \ \ \ } \ / / k \ } \ } j \ {{ F.',. ;7, , , , , , r , , , , - - , , , m ! @ ,T, ){ a ; 4' « ; 2 % q % 4' ,1,! ; a :P.! 4' @ ■ m ; 4' m > Recommended Speed 40 35 30 40 40 35 Limits of Segment Posted Speed Limit .7 ; 4' @ '4 LAa ; @ a @ a 4'a ■ e @ 4'r '4'@ ! a > Viele Ave. to California Ave. } Zi Pennsylvania Ave. to Highland Springs Ave. I Highland Springs Ave. to Commerce Wy. City Limits to Viele Ave. Viele Ave. to California Ave. '.i 1-10 Exit Ramp to American Ave. American Ave. to Highland Springs Ave. Pennsylvania Ave. to Xenia Ave. 7 Xenia Ave. to Highland Springs Ave. Fifth St. to Eleventh St. Eleventh St. to Oak Valley Pkwy. Oak Valley Pkwy. To Brookside Ave. Desert Lawn Drive to Union Street', Union Street to Beaumont Avenue Beaumont Avenue to Highland Springs Blvd. Sixth St. to South City Limits Desert Lawn Dr to Cherry Valley Blvd. Oak Valley Pkwy. To Brookside Ave. Champions Dr. to North City Limits Beaumont Ave. to Cherry Ave. 1 Oak Valley Parkway to Champions Drive Eighth St. to Oak Valley Pkwy. Oak View Drive to Oak Valley Golf Club Gated Entrance / First Street First Street 1 Second Street Fourth Street Fourth Street Sixth Street Sixth Street Eighth Street Eighth Street Beaumont Avenue Beaumont Avenue Beaumont Avenue Brookside Avenue Brookside Avenue Brookside Avenue California Ave. Champions Drive Cherry Avenue Cherry Valley Boulevard Cougar Way Desert Lawn Drive Elm Avenue Fairway Drive Remarks - if reduction from nearest 5mph increment of 85th % speed is recommended Designated Class 2 bike route; 50 mph speed zone for NBT in Citv of Banning 35 mph speed zone for NBT in Banning; Higher than average collision rate Designated class 2 bike route;35 mph speed zone for NBT in the City of Banning Higher than Average Collision Rate; Designated Class 2 bike route Lack of continuous sidewalks; Designated Class 2 bike route Lack of continuous sidewalks; Designated Class 2 bike route; Higher than average collision rate Designated class 2 bike route;Adjacent 35 mph speed zone to the west High pedestrian activity; multiple resdiential driveways I Designated Class 2 bike route Designated Class 2 bike route Lack of sidewalks; Designated Class 2 bike route; Higher than average collision rate 9 'o `o `o Designated Class 2 bike route ; adjacent 25 mph I soeedzone to the easr Designated Class 2 bike route Collision Rate Compared to State -Wide Average 0 m Average Above m 0 c ¢ I Below Above 0 m Below 0 m Below 0 m Below Above Below Below Below 0 m 0 m m y.Y _ 2i' m o� 'E o E U v01 O vat '. m v01 .� 6.26 W .rv. Mt .-a. N G b O 1D ! O O C yy (0 ry N G 0 G pppp O na'1 o:: - a a v r 74 ry m n o t t. 8 e 8 m 8 m 3 8 w 8 n 0 m 8 or a ry 8 p m a ry g g g m S m e I U am m m , v1 w ry ti v1 ,. .. ,n .. ry .. .m. .. ry .. ry a Nm,n r"r3 am mq au Mn :`ti, 4 m9 m mry mm 4m me 9 °m 11 . vv mm ma m m v a a m m m m a m m m a I 5 y v"i v1 m a in v+ a e a < m m o a m a a v m Recommended Speed o 2 m 351 501 45 35 m v 45 m o m m m I 45 m v m E "Z. O O m m 2 v m O e a m O m m M e m v O Limits of Segment Oak Valley Pkwy. To Brookside Ave. Eighth St. to Oak Valley Pkwy. First St. to Eighth 5t. Crooked Creek to First St. CityLimits tot -10 1-10 to Beaumont Ave. Beaumont Ave. to Cherry Ave. Cherry Ave. to Highland Springs Ave. Oak Valley Pkwy. To Iris St. Iris St. to Brookside Ave. Sixth St. to Oak Valley Pkwy. Oak Valley Pkwy. To Cougar Wy. Oak Valley Pkwy. To Trevino Tr. First St. to Sixth St. Sixth St. to Oak Valley Pkwy. Highland Springs Ave. to Manzanita Park Rd. Elm Ave. to Winbound Ave. Potrero Blvd. to Manzanita Park Rd. Highland Springs Ave. to Oak Valley Pkwy. Highland Springs Avenue Highland Springs Avenue Highland Springs Avenue Highland Springs Avenue Oak Valley Parkway Oak Valley Parkway Oak Valley Parkway Oak Valley Parkway Oak View Drive Oak View Drive Palm Avenue Palm Avenue Palmer Avenue Pennsylvania Avenue Pennsylvania Avenue Potrero Boulevard Ring Ranch Road Seneca Springs Pkwy. Starlight Avenue 4 4 ry 4 4 2 m m m m 4 2 m m m 4 4 4 4 Record Gazette 218 N. Murray St Banning, CA 92220 951-849-4586 Proof of Publication (2015.5 C.C.P.) 82032 Notice - Beaumont Speed Limits on Certain Streets State of California) County of Riverside) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/28, 2012 Executed on 12/28, 2012 At Banning, CA I certify (or declare) under penalty of perjury that the foregoing is true and correct. raiv Signature Legal Advertisement NOTICE IS HEREBY GIVEN; that the Beaumont City Council will conduct a public hearing on Tuesday,. January 15, 2012 at ap- proximately 6:00 p.m. in the room 5 at the -Beaumont Civic Center, 550 E..6th Street, Beaumont, Califor- nia 92223, to receive -testi- mony and comments from all interested persons re- garding the adoption of the following matter(s): An Or- dinance of the City Council of the City of Beaumont Es- tablishing Speed Limits On Certain Streets in the City_ of Beaumont It, is, the pur- pose and intent of this Ordi- nance to review and adjust speed limits on Brookside Avenue and Desert Lawn Drive throughout the City In accordance with State and local laws. The Ordinance will revise potentially haz- ardous speed zone areas and Improve public safety on local streets by accom- modating the orderly move- ment of people and goods throughout the City. Date: December 20, 2012. Rebecca Deming Director of Planning Publish The Record Gazette No.82032 12/28, 201.2 Agenda Item No. 3 • I STAFF REPORT To: Honorable Mayor and City Council Members From: Community and Economic Development Department Date: January 15, 2013 Subject: Adoption of additional roadway segments for Speed Limit Ordinance to Include Brookside Avenue and Desert Lawn Drive Background: Speed Limit Ordinance No. 1011 was adopted last year to replace former Ordinance No. 901 (adopted 2009) but omitted two segments, Brookside Avenue and Desert Lawn Drive. These segments have since been surveyed and added to a new Ordinance in conformance to State & local laws. All other provisions of last year Ordinance No 1011 will remain in effected as adopted last year. The new Speed Surveys indicate that No Changes are needed for 3 of the 4 sub -segments surveyed. Whereas, only one sub -segment on Brookside Avenue will require a minor Speed Limit Reductions. Note: the Desert Lawn Drive segment had not been previously surveyed by the City due to its recent realignment status. No Changes: The following segments surveyed do not require a change in their posted speed limit sign: • Brookside Avenue (Beaumont Ave. to Highland Springs Blvd. - East/Westbound) • Brookside Avenue (Union Street to Beaumont Ave. - East/Westbound) • Desert Lawn Drive (Oak Valley Drive to Champions Drive - North/Southbound) Speed Limit Reductions: Based on the criteria established by the City's Traffic Engineer and Beaumont Police Department for normal driving conditions, one segment surveyed requires a 5 mph reduction to its posted speed limit sign: • Brookside Avenue (Desert Lawn Drive to Union Street East/Westbound) Legal Requirements: In accordance with California Vehicle Code Sections 22357 and 22358, local municipalities have the power to increase or decrease speed limits for local thoroughfares. To this end, Traffic Surveys must be performed every seven years when radar or other electronic devices are utilized for speed limit enforcement (pursuant to the California Vehicle Code Section 40802, the California Supplement published by Caltrans, and provisions from the Manual of Uniform Traffic Control Devices). Moreover since the northern half of Brookside Avenue is located within the County of Riverside, the City has shared the survey results with the County to enlist their support to ensure uniformity between speed zone areas over the entire roadway corridor in order to avoid speed limit confusion between the City and County jurisdictions. Recommendations: Staff recommends that City Council: 1. Hold a Public Hearing 2. Receive and file the Speed Survey 3. Approve the attached Ordinance at its first reading Respectfully Submitted Rebecca Deming Director of Planning Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 84350 - ORDINANCE NO. 1030 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: February 15, 2013 Executed on: 02/15/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Legal Advertisement NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, January 15, 2013 at approximately 6:00 p.m. in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1030- An Ordinance of the City Council of the City of Beaumont Establishing Speed Limits On Certain Streets in the City of Beaumont 0 is the purpose and intent of this Ordinance to review and adjust speed limits on Brookside Avenue and Desert Lawn Drive throughout the City In accordance with State and local laws. The Ordinance will revise potentially hazardous speed zone areas and improve public safety on local streets by accommodating the orderly movement of people and goods throughout the City. Ordinance No. 1030 was adopted at its second reading on February 6, 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Knight NOES: None ABSTAIN: None ABSENT: None Date: February 11, 2013 Rebecca Deming Director of Planning Published in The Record Gazette No. 84350 02/15, 2013 ORDINANCE NO. 1 011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING A NEW CHAPTER 9.40 "PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND OTHER SYNTHETIC DRUGS" TO TITLE 9 OF THE BEAUMONT MUNICIPAL CODE PROHIBITING THE DISTRIBUTION AND SALE OF CERTAIN INTOXICATING CHEMICAL COMPOUNDS KNOWN AS SYNTHETIC DRUGS WHEREAS, the City Council of the City of Beaumont is committed to protecting the public health, safety, and welfare of the community, and to meet these goals it is necessary for the City Council to adopt measures, from time to time, to meet threats to the public health, safety, and welfare; and WHEREAS, California State Law, through the recently enacted Health & Safety Code Sections 11357.5 and 11375.5, prohibits the sale or any other distribution of certain synthetic drugs often marketed as "bath salts" and/or "incense" in response to increased incidents, particularly among adolescents, resulting from the use of these drugs; and WHEREAS, to avoid the threat to public health, safety, and welfare that would occur if these intoxicating synthetic chemical compounds were permitted in the City and to ensure the City complies with California State Law, the City finds that it is necessary to declare that an individual or business which possesses, provides, distributes or sells Synthetic Drugs as defined herein is a threat to public health, safety and welfare and, as such, is subject to the City's administrative, criminal and civil enforcement procedures (set forth in Chapter 1.16 and 1.17 of the Beaumont Municipal Code) and, in the case of a business, revocation of a business license (pursuant to Chapter 5.04 of the Beaumont Municipal Code); and WHEREAS, the adoption of this chapter is consistent with Federal Law and Section 11375.5 of the Health and Safety Code of the State of California, as amended. THE CITY COUNCIL OF THE CITY OF BEAUMONT ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The City Council finds as follows: (a) Synthetic Drugs are extremely dangerous and are gaining popularity at an alarming rate among high school and college aged individuals, as well as among parolees and probationers. These drugs are widely available in stores throughout the City, despite the State of California's attempt to ban such drugs under Health & Safety Code sections 11357.5 (banning synthetic cannabinoid compounds), 11375.5 (banning synthetic stimulant compounds and derivatives) and 11401 (banning "analogs" of controlled substances) (collectively "State Synthetic Drug Laws") and the Federal Government's attempt to ban such drugs under the Controlled Substances Act (the "CSA") (21 USC §§ 81 et seq.). The City Council further finds that virtually every community in California has recognized the danger of Synthetic Drugs which have been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. (b) While State Synthetic Drug Laws and the CSA prohibit certain compounds that are used to create synthetic drugs, they are not comprehensive enough to eliminate the distribution and sale of all Synthetic Drugs in the City. Specifically, the Council finds that the makers of Synthetic Drugs continually alter the composition of the compounds in their products so as to not come under the purview of State Synthetic Drug Laws" the CSA and other laws and regulations attempting to prohibit the sale of Synthetic Drugs. In fact, products which plainly are being marketed for use as Synthetic Drugs are now being packaged with advertisements stating that the product does not contain the compounds specifically banned by State Synthetic Drug Laws. Thus, the City Council finds that in order implement an effective measure prohibiting the distribution and sale of Synthetic Drugs, it is necessary to look at all factors related to the sales and marketing of Synthetic Drugs. These factors will help City officials determine whether a product that does not come under the purview of State Synthetic Drug Laws or the CSA is nevertheless a Synthetic Drug because it is intended for recreational drug use. (c) While the question of whether a given product is being distributed or sold for use as a recreational drug must be determined on a case-by-case basis, the City Council finds that the following evidentiary factors are helpful in determining whether a given product is in fact a Synthetic Drug: (1) Marketing: Synthetic Drugs are rarely, if ever, suitable for their marketed uses. For example, a Synthetic Drug in the form of a powder might be marketed as "glass cleaner," even though the powder cannot reasonably be used to clean glass. (2) Sales Location: Synthetic Drugs are typically sold in liquor stores, smoke shops and gas stations, yet Synthetic Drugs are marketed as products that are not typically sold by these businesses. For example, Synthetic Drugs are often marketed as bath salts, spice, incense, potpourri, skin treatments, cleaning products and plant food; however, these types of products are typically not sold in liquor stores, smoke shops or gas stations. (3) Warning Labels: Synthetic Drugs often use warning labels such as: "not for human consumption" and "not for purchase by minors." Bona fide bath salts, incense, cleaning products and the like do not typically bear such labels. Of particular relevance are labels that indicate a given product does not contain chemical compounds banned by State Synthetic Drug Laws, which bona fide bath salts, incense, cleaning products and the like would not have any reason to advertise. (4) Price: Synthetic Drugs are typically more expensive than products that are used for the Synthetic Drug's marketed use. For example, a Synthetic Drug marketed as "glass cleaner" might be priced at $50.00 for an eighth of an ounce, while bona fide glass cleaner is priced at approximately $5.00 for 26 ounces. (5) Similarity to Illicit Street Drugs: Synthetic Drugs often resemble illicit street drugs and/or use brand names and packaging that are designed to make the product appear similar to illicit street drugs. For example, many Synthetic Drugs are sold as white powders packaged in vials (resembling cocaine) or dyed green to appear similar to marijuana. Additionally, brand names are often similar to street slang for illicit drugs and have no relation to the products that are purportedly being sold. These brand names are always changing, but include "Eight Ballz," "Spice," "Black Mamba," "K-2," "Puff," "Sugar Sticks," "Green Buddha," "Diable Botanical Incense," "Scooby Snax Potpourri," "Grape Ape Herbal Incense," "Aurora Incense," "Three Monkey Incense," "Mr. and Mrs. Marley," "Cloud 9 Incense," and a group of Synthetic Drugs marketed as from "The Spice Guy." (d) An effective way to prevent and abate the health, safety and welfare concerns that exist as a result of the marketing, distribution and sale of Synthetic Drugs in manners that brazenly seek to circumvent State and Federal Law is through the enforcement of the City's administrative, criminal and civil enforcement procedures (set forth in Chapter 1.16 and 1.17of the Beaumont Municipal Code) and through the revocation of a business license (pursuant to Chapter 5.04 of the Beaumont Municipal Code). Because the chemical composition of Synthetic Drugs is constantly evolving, it is necessary to look at the circumstances surrounding the marketing (including price), distribution or sale of any given product to determine if the product is being provided, distributed or sold as a recreational drug. This ordinance shall not apply to any activity already regulated by Health and Safety Code Sections 11357.5, 11375.5, 11401, the CSA or any other applicable State or Federal law or regulation. Section 3. The City Council of the City of Beaumont hereby adds Chapter 9.40 to Title 9 of the Beaumont Municipal Code to read in its entirety as set forth in Exhibit A attached. Section 4. If any provision of this ordinance or the application thereof to any persons or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 5. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect thirty (30) days after its final passage. MOVED, AND PASSED, THIS 5th DAY OF Feb , 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED, and ADOPTED THIS 1 9th DAY OF Feb , 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None Mayor of the City of Beaumont EXHIBIT A PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND OTHER SYNTHETIC DRUGS SECTIONS: 9.40.010 Purpose and Intent 9.40.020 Definitions 9.40.030 Provision, Sale and/or Distribution of Synthetic Drugs Prohibited 9.40.040 Provision, Sale and/or Distribution of Substances Claimed or Represented to be Synthetic Drugs Prohibited 9.40.050 Possession of Synthetic Drugs Prohibited 9.40.060 Public Nuisance 9.40.070 Summary Abatement 9.40.080 Revocation of Business License 9.40.090 Penalties 9.40.100 Seizure of Evidence 9.40.110 Exclusions 9.40.120 Severability 9.40.010 Purpose and Intent. Recreational use of Psychoactive Bath Salts, Psychoactive Herbal Incense and similar products commonly known as "Synthetic Drugs" has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death. While State and Federal laws and regulations prohibit some Synthetic Drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the purview of these laws and regulations. The purpose and intent of this Chapter is to provide the City with reasonable measures to address the dangers to the community posed by Synthetic Drugs that are not regulated by State or Federal Law. 9.40.020 Definitions. A. "Business" such term, used alone, shall be held and construed to mean and include "business," "profession," "trade," "calling," "occupation," "show," "exhibition," or "game," and all kinds of calling carried on for profit or livelihood. B. "Consume," "consuming" or "consumption" shall mean to ingest, inhale, inject, smoke or snort (insufflate). C. "Distribute", "distributing" or "distribution" shall mean to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not. D. "Person" shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization. E. "Possess," "possessing" or "possession" shall mean to have for consumption, distribution or sale in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority and/or power be exercised solely or jointly with others. F. "Provide," "providing" or "provision" shall mean offering to distribute, to distribute, offering to sell or sell a product or substance to any person. G. "Psychoactive Bath Salts" shall mean any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term "Psychoactive Bath Salts" includes without limitation: (1) products that elicit psychoactive or psychotropic stimulant effects and contain any of the following intoxicating chemical compounds: (a) cathinone (2-amino-1-phenyl-1-propanone), 4-methylmethcathinone (2- methylam ino-1-(4-methylphenyl)propan-1-one),4-methoxymethcathinone(1- 4methoxyphenyl)-2-(methylamino)propan-1-one),MDPV methylenedioxypyrovalerone), MDMA (3,4-methylenedioxy- Nmethylamphetamine), methylone (3,4-methylenedioxy-N-methylcathinone), methcathinone (2 (methylamino)-1-phenyl-propan-1-one), flephedrone (4fluoromethcathinone), 3 -FMC (3 fluoromethcathinone ), ethcathinone (2ethylamino- 1-phenyl-propan-1-one), butylone (J3-keto- Nmethylbenzodioxolylbutanamine), o -PPP (o pyrrolidinopropiophenone), MPPP (4'-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'- methylenedioxy-apyrrolidinopropiophenone),\ o -PVP (1-phenyl-2-(1- pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-y1-2-pyrrolidin-1- ylpentan-1-one); (b) any derivative of the above listed intoxicating chemical compounds; (c) any synthetic substance and its isomers with a chemical structure similar to the above listed compounds; (d) any chemical alteration of the above listed intoxicating chemical compounds; or (e) any other substantially similar chemical structure or compound; and (2) products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names, including but not limited to: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning. The term "Psychoactive Bath Salts" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health & Safety Code §§ 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health & Safety Code §§ 11053-11058), regulated by one of the UCSA's Synthetic Drug Laws (Health & Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 USC §§ 81 et seq.) or approved by the Food and Drug Administration ("FDA"). H. "Psychoactive Herbal Incense" shall mean any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term "Psychoactive Herbal Incense" includes without limitation: (1) products that elicit psychoactive or psychotropic euphoric effects and contain any of the following intoxicating chemical compounds: (a) cannabicyclohexanol (2-[(1 R,3S)-3-hydroxycyclohexyl]- 5-(2-methylnonan-2- yl)phenol), JWH-018 (naphthalen-1-y1-(1-pentylindol-3y1)methanone), JWH- 073 (naphthalen-1-y1-(1-butylindol-3-yl)methanone), JWH200((1-(2- morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone), HU -210 ((6aR,10aR)- 9-(Hydroxymethyl)- 6,6 -dimethyl- 3-(2-methyloctan-2-yI)-((6a,7, 10,10a-tetrahydrobenzo [c]chromen- 1-01), CP 47,497 (2-[(1R,3S)- 3hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol) CP 47,497 (2-[(1 R,3S)- 3hydroxycyclohexyl]- 5-(2-methyloctan-2-yl}phenol) or AM -2201 (1- [(5fluoropentyl}-1 H-indol-3-y1]-(naphthalen-1-y1)methanone); (b) any derivative of the above listed intoxicating chemical compounds; (c) any synthetic substance and its isomers with a chemical structure similar to the above listed intoxicating chemical compounds; (d) any chemical alteration of the above listed intoxicating chemical compounds; or (e) any other substantially similar chemical structure or compound; and (2) products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, PotPourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed and Black Mamba. The term "Psychoactive Herbal Incense" shall not include any product, substance, material, compound, mixture, or preparation that is specifically excepted by the UCSA (Health & Safety Code §§ 11000 et seq.), listed in one of the UCSA's schedules of controlled substances (Health & Safety Code §§ 11053-11058), regulated by one of the USCA's Synthetic Drug Laws (Health & Safety Code §§ 11357.5, 11375.5 and 11401), regulated by the CSA (21 USC §§ 81 et seq.) or approved by the FDA. I. "Psychoactive or psychotropic stimulant effects" shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines. J. "Psychoactive or psychotropic euphoric effects" shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cannabis. K. "Sell," "selling" or "sale" shall mean to furnish, exchange, transfer, deliver or supply for monetary gain. L. "Synthetic Drug" shall include Psychoactive Bath Salts and Psychoactive Herbal Incense, as those terms are defined hereinabove. 9.40.030 Provision, Sale and/or Distribution of Synthetic Drugs Prohibited. (a) It is unlawful for any person to provide, distribute or sell any Synthetic Drug within the City of Beaumont. (b) Merely disclaiming a Synthetic Drug as "not safe for human consumption" will not avoid the application of this Section. 9.40.040 Provision, Sale and/or Distribution of Substances Claimed or Represented to be Synthetic Drugs Prohibited. (a) It is unlawful for any person to claim or represent that a product that person is providing, distributing or selling is a Synthetic Drug within the City of Beaumont. (b) To determine if a person is claiming or representing that a product is a Synthetic Drug, the enforcing officer may consider any of the following evidentiary factors: (1) The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as "glass cleaner"); (2) The business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product's marketed use (such as a liquor store selling "plant food"); (3) The product contains a warning label that is not typically present on products that are used for that product's marketed use (such as "not for human consumption," "not for purchase by minors," or "does not contain chemicals banned by section 11357.5"); (4) The product is significantly more expensive than products that are used for that product's marketed use (such as a half of a gram of a substance marketed as "glass cleaner" costing $50.00); (5) The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or (6) The products name or packaging uses images or slang referencing an illicit street drug (such as "Eight BaIlz" or "Green Buddha"). (c) Merely disclaiming a substance claimed or represented to be a Synthetic Drug as "not safe for human consumption" will not avoid the application of this Section. 9.40.050 Possession of Synthetic Drugs Prohibited. It is unlawful for any person to possess any Synthetic Drug within the City of Beaumont. 9.40.060 Public Nuisance. (a) It is a public nuisance for any person to provide, distribute or sell any Synthetic Drug within the City of Beaumont. (b) It is a public nuisance for any person to allow the provision, distribution or sale of any Synthetic Drug on property owned, controlled or managed by such person within the City of Beaumont. (c) It is a public nuisance for any person to provide, distribute or sell any substance claimed or represented to be a Synthetic Drug within the City of Beaumont. (d) It is a public nuisance for any person to allow the provision, distribution or sale of any substance claimed or represented to be a Synthetic Drug on property owned, controlled or managed by such person within the City of Beaumont. (e) To determine if a person is claiming or representing that a substance or product is a Synthetic Drug, the enforcing officer may consider any of the evidentiary factors set forth in Section 9.1 00.040(b) of this Chapter. 9.40.070 Summary Abatement. Because the use of Synthetic Drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any violation of this Chapter presents a grave and imminent danger not only to the person consuming the Synthetic Drug, but also to the public at Targe. If the Code Enforcement Officer, based on the facts then known. determines that a violation of this Chapter presents an imminent danger or hazard or is imminently injurious to the public health or safety, then that violation is punishable by the summary abatement procedures set forth in Chapter 8.32 of this Code. 9.40.080 Revocation of Business License. No person holding a validly issued City business license and owning or operating a business in the City may use that business to provide, distribute or sell any Synthetic Drug or any substance claimed or represented to be a Synthetic Drug. A violation of this Section by the holder of a validly issued City business license, shall constitute grounds for modification, suspension and/or revocation of said license in accordance with the procedures set forth in Chapter 5.04 of this Municipal Code. 9.40.090 Penalties. In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both. (c) Separate Offense. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person and he shall be punishable accordingly. (d) Civil Remedies Available; Remedies Cumulative. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive. (e) Administrative Citation. In lieu of issuing a criminal citation, the City may issue an administrative citation pursuant to Chapter 1.17 of this Municipal Code, to any person responsible for committing, causing or maintaining a violation of this Chapter. Nothing in this Section shall preclude the City from also issuing a citation upon the occurrence of the same offense on a separate day. (f) Additional Penalties; Costs of Abatement. Nothing in this Chapter shall preclude the City from pursuing the remedies made applicable hereto elsewhere in this Municipal Code or under State law, including but not limited to, as applicable, denial or revocation of certificates of occupancy and injunctive relief. In any administrative or criminal proceeding involving the abatement of a public nuisance, the City shall also be entitled to recover its full reasonable costs of abatement, including, but not limited to, investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of such cost by the City. (g) Public Nuisance Remedies. The prevailing party in any proceeding associated with the abatement of a public nuisance as provided herein, shall be entitled to recovery of attorneys' fees incurred in any such proceeding, where the City has elected, at the initiation of that individual action or proceeding to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. 9.40.100 Seizure of Evidence. Any product(s) or substance(s) possessed, provided, distributed or sold in violation of any provision of this Chapter shall be seized by the enforcing officers and removed and stored in accordance with law. 9. 40.110 Exclusions. (a) This Chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the Federal Food and Drug Administration or which are specifically permitted by California law, including without limitation, intoxicating chemical compounds that are specifically excepted by the California Uniform Controlled Substances Act (Health & Safety Code § 11000 et seq.). chemical compounds that are specifically excepted by the California Uniform Controlled Substances Act (Health & Safety Code § 11000 et seq.). (b) This Chapter shall not apply to drugs or substances which are prohibited by State or Federal law, including without limitation, California Health and Safety Code Sections 11357.5, 11375.5, 11401 and the Federal Controlled Substances Act. (c) This Chapter shall not be deemed to prescribe any act which is positively permitted, prohibited or preempted by any State or Federal law or regulation. 9.40.120 Severabilitv. If any subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have passed this Chapter and each and every subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) SYNTHETIC DRUGS - 83111 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: January 25, 2013 Executed on: 01/25/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 5, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont Adding Chapter 9.40 to Title 9 (Public Peace, Morals & Welfare) of the Beaumont Municipal Code to Prohibit the possesslon distribution and sale of certain intoxicating chemical compounds known as synthetic drugs. The purpose of this Ordinance is to make the distribution, possession, use, or purchase of psychoactive bath salts and psychoactive herbal Incense and other synthetic drugs either a criminal or civil enforcement action, in the City of Beaumont. These products contain dangerous chemical compounds that are designed to mimic the psychotropic effects of illegal stimulants and hallucinogens, such as LSD, cocaine, methamphetamine and marijuana. This Ordinance allows for immediate action at the local level. Date: January 10, 2013 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on January 25, 2013 Published in The Record Gazette No. 83111 01/25, 2013 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1031 - 84758 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: March 1, 2013 Executed on: 03/01/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conducted a public hearing on Tuesday, February 5, 2013, at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s):Ordinance No. 1031 - An Ordinance of the City Council of the City of Beaumont Adding Chapter 9.40 to Title 9 (Public Peace, Morals & Welfare) of the Beaumont Municipal Code to Prohibit the possession distribution and sale of certain intoxicating chemical compounds known as synthetic drugs.The purpose of this Ordinance is to make the distribution, possession, use, or purchase of psychoactive bath salts and psychoactive herbal incense and other synthetic drugs either a criminal or civil enforcement action, in the City of Beaumont. These products contain dangerous chemical compounds that are designed to mimic the psychotropic effects of illegal stimulants and hallucinogens, such as LSD, cocaine, methamphetamine and marijuana. This Ordinance allows for immediate action at the local level. Ordinance No. 1031 was adopted at its second reading on February 19, 2013 by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox and Knight NOES: None ABSTAIN: None ABSENT: None Date: February 21, 2013 -ss- Shelby Hanvey Shelby Hanvey Deputy City Clerk Published in The Record Gazette No. 84758 03/01, 2013 ( V / AGENDA ITEM � �•� • To: Mayor and City Council From: Frank Coe, Chief of Police By: Joshua Ellsworth, Sergeant Approval: Alan Kapanicas, City Manager Agenda Date: February 5, 2013 Subject: Ordinance Prohibiting the Sale and Distribution of Certain Intoxicating Chemical Compounds Known as Synthetic Drugs Background/ Summary: Before the City Council is an ordinance that would make the distribution, possession, use, or purchase of psychoactive bath salts and psychoactive herbal incense and other synthetic drugs either a criminal or civil enforcement action. This ordinance would give code compliance and law enforcement another tool to reduce the availability and use of these dangerous drugs. Psychoactive bath salt, commonly marketed as "bath salts" and psychoactive herbal incense commonly marketed as "spice" or "K2", are becoming increasingly popular with teenagers and young adults as an illegal alternative to marijuana and other drugs. These products contain dangerous chemical compounds that are designed to mimic the psychotropic effects of illegal stimulants and hallucinogens, such as LSD, cocaine, methamphetamine and marijuana. Manufactures of these products are exploiting a loop hole in the Federal Controlled Substances Act by manipulating the chemical compounds of these products to technically remain legal. Health effects of these substances have been reported to include cardiac arrest, seizures, extreme anxiety/agitation, violent behavior, extreme paranoia, delusional thinking, visual and auditory hallucinations, suicidal thoughts, increased blood pressure and heart rate, renal and kidney failure and death. The U.S. Drug Enforcement Agency has used its emergency powers to name three of the chemical compounds as Schedule 1 controlled substances to control the manufacturing of these so-called "bath salts." Last year, the legislature passed and the governor signed AB 486 and SB 420, banning the sale of "bath salts" and "spice," but not the possession of these substances. Notwithstanding these efforts, a gap remains in the law governing both these products. The loop hole arises from the naming of specific substances, leaving the potential for the manufacturers of these products to manipulate the chemical ingredients in a way that could avoid criminal prosecution. This new compound has the same or similar psychoactive effects of the banned compound. The ordinance before the City Council allows for immediate action at the local level. In September of last year, Beaumont Police Officers made contact with each of the businesses located in the City of Beaumont that stereotypically sell synthetic drugs (Smoke Shops, Liquor Stores, Markets, etc). Each of the businesses were provided literature explaining the California Health and Safety Code (H&S 11375.5 and 11357.5) information prohibiting the sales of synthetic drugs. Officers identified three locations within the City of Beaumont that were selling "spice". Each of these businesses removed the product from their shelf. Fiscal Impact: Any fiscal impact related to the enforcement of this ordinance will be absorbed into the police department's current operating budget. Recommendation: Staff recommends that the City Council hold a Public Hearing and approve the first reading of Ordinance adding Chapter 9.40 to the Beaumont Municipal Code. CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, February 5, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont Adding Chapter 9.40 to Title 9 (Public Peace, Morals & Welfare) of the Beaumont Municipal Code to Prohibit the possession distribution and sale of certain intoxicating chemical compounds known as synthetic drugs. The purpose of this Ordinance is to make the distribution, possession, use, or purchase of psychoactive bath salts and psychoactive herbal incense and other synthetic drugs either a criminal or civil enforcement action, in the City of Beaumont. These products contain dangerous chemical compounds that are designed to mimic the psychotropic effects of illegal stimulants and hallucinogens, such as LSD, cocaine, methamphetamine and marijuana. This Ordinance allows for immediate action at the local level. Date: January 10, 2013 -ss- Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on January 25, 2013 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 Sent By: RECORD GAZETTE - BANNING; 9518492437; MED1ASPAN crr OF BEAUMONT 550 E. 6TH STREET BEAUMONT CA 92223 (951)769.6520 May -7-13 13:29; Page 3/4 41.110 eA.nww Munger ADTAKING lend Reminders Ad... OTHER Graphks tlersry Loosen Customer #00004836 , Claws Liner Order *0001475. Summary Email Receipt sant to shanvsyalbeaumontcares.com. "'alti! (Ca4ct) St ttl'fyll. Show: 4 tsg11!4t .. Ad Cost Preview Cost Adjustments Tex Net Payments Amount Due User -Defined Cost user -penned Coat "' 0.00 Receipts and )ob Tickets Ilasakiad.ascalat Dow,Otoad 12114 et 79.75 0.00 0.00 79.75 0.00 79.75 Te risme :Smity Hanvey To Address ganveyQbNWnontseres.som CopyI19nt O 1{lQ7r m,dleSpan Midk. Screwa,e. All el9hp reserved. LEGAL NOT CE NOTICE IS HERESY GIVEN. that the B eaumarit Cavy CCuhcll veil concluded a public hearingon TUaB- day, February s, 2013, at enema/bele/ 600 p;m. In room 5 .51 Me 15e1tu1Cr>t Civic Darter, 560 E: 2h strael. 13eauma 1t: Calder. nig 92223, to receive Aeon - maty and COMMereCtran ail interested 'peters it• garding the •adcptian d the rdtoatng metter(a):Q I- nanba No 1031 • An Ordi- nance d clic. Qity ceunda c the City d t leauman Add Ing Chapter *40 to'tttie 9 (Public Peace, MCrds 8 Weans) d the Beeuma1t MUnldpal' Code to PrChiblt the pcsaaseton dletritation and sate of otilietn *va- cating chetniaail caripotxas known as eyrkhelic drugB.The purpaae d this Ordinance R td matte the diatllbUtion, Z (01561. 1, use, or pUrch re 01 • pay ohoagUve bath galls • aha psyalaadilda ttert+ill:; .It} cense and Ober synthetic drugs eRher a criminal Cir oMI entoroement 'action, In Ma elt a eesum ,t. These prnducte Mitten aangerax• dental cam? pounds lila tie assignee to mimic -the payohd<raelc 01. tech; d• illegal. Bllmyants and heJ ugnOgens, such •BB L5D COG6i110, metttarn- pheieff.mh: end' man)narsi, This eithimiltis•leeks .rd.. Immediate a tith at Oa to cel :level. Crams* Na. 1031 vas adopted at Ng second • rentehg CO Felbru• ary 19, 7013 by meiotic* ing vde: AYES: Mayor Elerg, Coun- cil ounda Mambas cantedo, Da Fo;9e, Poi and Knight NOES: NO* • ABSTAIN: Norm A't NT:.Ncrm Date: Fen 21, 2013 •55. Shelby Marney Shelby Hammy Deputy. CttY oast Published in The Record gazette No. tY47se 03,01, 2013 Sent By: RECORD GAZETTE - BANNING; 9518492437; Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1031- 84758 State of California ) County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the pr indpal clerk of the printerand publisher of Record Gazette, a newspaper published In the English language In the' City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as dented by the laws of the state of CaNfOmla by Me Superior Court of the County of Riverside, under the date October 14.1986, Case No. 54737, That the notice, of which the annexed is a copy, has been published in each regular and entire issue of aaid newspaper and not In any supplement thereof on the following dates, to -wit: March 1, 2013 Executed on: 03/01/2013 At Banning ,CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature May -7-13 13:29; Page 4/4 NOAL NOTICE TErs HEREBY GIVEN, battle Basumord Cy Carndl a! c1»uarded a publb haft on Tuesday, Rim 6, 2013, atapptadmaley 600 p.m. In roe* Sat the Buprprd CMc Cnkr, 630 E Ib SbMt, Baiamonl Ctlbm* 92223, b nosh, Ratboons and oammanls from 49lrarasted paracM regarding bo adop hon tithe blowing marr(aprolnanaa No. 1031 An oidbunoa of the GBComma old* Clyol Beam* May) Chaplsr9Aea Title (PuhpcPeaae, Montt d rialtsnr) of the Baanorrtfhaltipat Cods b Rohn Be poawselon d*blbrabn snot sats as cosh bbrdadap Mamba 9opa&aa known M syntieie drape.The owes. Mao anima* Is to mike thedsbbrtlon, poawsbrr, use, orwrcnwof pgdwac9, bit tab and mamba harlot bow* and alba aynAa9edude altar odmIrddor*Al anNrcnerd odor, InIna Clfg of BaaumaL Than pada* comb dowers cerntadaansoerdabat are dupedbmatotopsydabapbdo* oflegal slanulinb end hobctxga li, udo as LSD, chains, nelbrphderAue and mrgwtw. This Ondbanar slows br aionatA baanbn at Ce boat amt. Wha m No. 1031 ant adopted at h* wort mann on February 19, 2913 bi the Mating mix AYES: Mayor Barg, Counc9 Mmnbsrs Caepddo, De Forge, Fox and Knight NOES:'Nona ABSTIW:Nona'' ABSENT, Nona Ode February 21,2013 is- Shelby Nanny 8hlbyHammy Den* or Clerk PublMhed 1n The Raoord Carina No. 94769 03/01, 2013 4/3/13 ORDINANCE NO. 1032 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT EXTENDING FOR 12 MONTHS THE TERMS AND CONDITIONS OF ORDINANCE NO. 1021, DECLARING A MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS WHEREAS, there have been many significant lawsuits filed in various California counties, testing the limits of the Compassionate Use Act of 1996; and WHEREAS, the California Supreme Court is presently reviewing several of these cases and it is expected that the Court will finally resolve the contradictions in the law relative to the establishment and operation of medical marijuana dispensaries; and WHEREAS, the City Council enacted Ordinance No. 1018 establishing a 45 -day moratorium on the approval of applications to cultivate and distribute medical marijuana within the City of Beaumont; and WHEREAS, the City Council enacted Ordinance No. 1021 extending the moratorium an additional 10 months and 15 days; and WHEREAS, the moratorium is scheduled to expire on June 1, 2013; and WHEREAS, the City Council has the option of extending the moratorium an additional 12 months in accordance with the provisions of Government Code Section 65858; and WHEREAS, the extension of the moratorium will provide additional time for the Supreme Court to issue a final ruling and promulgation of uniform rules and regulations applicable to all cities and counties within the State of California, including the City of Beaumont; and WHEREAS, the City Council intends this moratorium extension to take effect immediately upon its adoption in accordance with Government Code Section 36934. NOW, THEREFORE, the City Council of the City of Beaumont does hereby ordain as follows: Section 1: The City Council adopts the recitals set forth above as legislative findings of the threat to public health, safety and the general welfare. The City Council further finds and declares that there is a need to extend the moratorium, subject to the findings and conditions contained in this Ordinance. If the cultivation and distribution of medical marijuana is allowed to be established without appropriate regulation, such operations could potentially have an adverse effect on public health, safety and the general welfare. Moreover, there is substantial confusion concerning the implementation of the Compassionate Use Act of 1996, and the California Supreme Court is presently considering the issuance of legal guidance that is expected to resolve the legal uncertainties concerning medical marijuana dispensaries. Therefore, based upon the foregoing, the City Council does hereby declare that it is necessary to extend the moratorium established by Ordinance Nos. 1018 and 1021 in order to protect the public health, safety and general welfare until the Planning Commission can consider, and the City Council can adopt, regulations concerning the cultivation and distribution of medical marijuana. Section 2: The City Council hereby finds, determines and declares that the following conditions exist which require the extension of the moratorium established under Ordinance No. 1018: a. Numerous other cities in California have adopted ordinances prohibiting or heavily regulating the cultivation and distribution of marijuana, and because a significant portion of the Southern California region has prohibited or heavily regulated such cultivation and distribution, there is a substantially likelihood that such establishments will seek to locate in the City of Beaumont; b. Medical marijuana facilities are currently attempting to locate and operate in many cities of the State without the benefit of uniform statewide regulation, or even local regulation; c. The City currently does not have standards relating to the regulation of the location, operation and concentration of medical marijuana facilities and imposing other reasonable time, place and manner restrictions; d. Absent the adoption of this Ordinance, the establishment and operation of medical marijuana facilities in the City of Beaumont would result in negative and harmful secondary effects other cites have experienced; e. As a result of legal conflicts concerning medical marijuana facilities, coupled with the potential and harmful secondary effects associated with such facilities and the potential threat such effects would pose to the public health, safety and general welfare, as well as the potential zoning conflicts that would be created by unauthorized medical marijuana facilities, it is necessary to extend the moratorium pending resolution of the legal conflicts, completion of the City's study of the potential impacts of medical marijuana facilities and the development of possible amendments to the City's Municipal Code. Section 3: Because the unregulated establishment of medical marijuana facilities poses a potential and substantial threat to the public health, safety and general welfare of the community and undermines the benefits of the City's General Plan and Zoning Ordinance because the City lacks standards regulating medical marijuana facilities, it is necessary to enact this Ordinance as an urgency measure to become effective immediately upon its adoption. Section 4: The City Council finds that, in accordance with the terms and provisions of Section 65858 of the Government Code, and following notice given in the time and manner required by law, it held a public hearing on the extension of Ordinance Nos. 1018 and 1021. After hearing all applicable evidence, the City Council finds that the conditions and findings cited in Ordinance Nos. 1018 and 1021 continue to exist and that further studies by City staff and hearings by the Planning Commission are necessary in order to regulate the establishment of medical marijuana facilities in the City. Section 5: The City Council, therefore, hereby declares an extension to the existing moratorium and ordains that the moratorium be extended for an additional term of 12 months. 2 Section 6: The moratorium established issuance of any zoning permit, use permit, building or other entitlement for the establishment and established for the collective cultivation and/or residential or non-residential zone. herein shall apply to the processing and permit, occupancy permit, business license operation of medical marijuana facilities distribution of medical marijuana in any Section 7: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and the extension of the moratorium hereby, may have a significant effect on the environment, because the moratorium will impose greater limitations on development within the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from the California Environmental Quality Act pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Section 8: 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 or invalid or ineffective by any court of competent jurisdiction, such holding shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase irrespective of the fact that any one or more of them may be declared unconstitutional or invalid or ineffective. PASSED, APPROVED AND ADOPTED this 21th day of May, 2013, by the following vote: AYES: Mayor Berg, Council Members De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Castaldo ATTEST: Deput City Cle CITY OF BEAUMONT By .Z: ----- ROGER BERG, Mayor CERTIFICATION 3 I hereby certify that the foregoing Urgency Ordinance No. 1032 was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Beaumont held on May 21, 2013. CITY OF BEAUMONT By (SEAL) Depu y ity Clerk 4 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) URGENCY - MEDICAL MARI.-88177 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 10, 2013 Executed on: 05/10/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 21, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the totowing matter(s): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT EXTENDING FOR 12 MONTHS THE TERMS AND CONDITIONS OF ORDINANCE NO. 1021, DECLARING A MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS Date: April 9, 2013 Shelby Hanvey Deputy City Clerk Published in The Record Gazette No.88177 05/10, 2013 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 21, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT EXTENDING FOR 12 MONTHS THE TERMS AND CONDITIONS OF ORDINANCE NO. 1021, DECLARING A MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS Date: April 9, 2013 Shelby Hanvey Deputy City Clerk Publish one time only in the Record Gazette on May 10, 2013 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 4/3/13 ORDINANCE NO. 1032 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT EXTENDING FOR 12 MONTHS THE TERMS AND CONDITIONS OF ORDINANCE NO. 1021, DECLARING A MORATORIUM ON THE APPROVAL OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVES AND COOPERATIVES WITHIN THE CITY OF BEAUMONT TO ALLOW THE CITY COUNCIL TIME TO STUDY AND CONSIDER ENACTMENT OF DEVELOPMENT STANDARDS AND DEFINITIONS WHEREAS, there have been many significant lawsuits filed in various California counties, testing the limits of the Compassionate Use Act of 1996; and WHEREAS, the California Supreme Court is presently reviewing several of these cases and it is expected that the Court will finally resolve the contradictions in the law relative to the establishment and operation of medical marijuana dispensaries; and WHEREAS, the City Council enacted Ordinance No. 1018 establishing a 45 -day moratorium on the approval of applications to cultivate and distribute medical marijuana within the City of Beaumont; and WHEREAS, the City Council enacted Ordinance No. 1021 extending the moratorium an additional 10 months and 15 days; and WHEREAS, the moratorium is scheduled to expire on June 1, 2013; and WHEREAS, the City Council has the option of extending the moratorium an additional 12 months in accordance with the provisions of Government Code Section 65858; and WHEREAS, the extension of the moratorium will provide additional time for the Supreme Court to issue a final ruling and promulgation of uniform rules and regulations applicable to all cities and counties within the State of California, including the City of Beaumont; and WHEREAS, the City Council intends this moratorium extension to take effect immediately upon its adoption in accordance with Government Code Section 36934. NOW, THEREFORE, the City Council of the City of Beaumont does hereby ordain as follows: Section 1: The City Council adopts the recitals set forth above as legislative findings of the threat to public health, safety and the general welfare. The City Council further finds and declares that there is a need to extend the moratorium, subject to the findings and conditions contained in this Ordinance. If the cultivation and distribution of medical marijuana is allowed to be established without appropriate regulation, such operations could potentially have an adverse effect on public health, safety and the general welfare. Moreover, there is substantial confusion concerning the implementation of the Compassionate Use Act of 1996, and the California Supreme Court is presently considering the issuance of legal guidance that is expected to resolve the legal uncertainties concerning medical marijuana dispensaries. Therefore, based upon the foregoing, the City Council does hereby declare that it is necessary to extend the moratorium established by Ordinance Nos. 1018 and 1021 in order to protect the public health, safety and general welfare until the Planning Commission can consider, and the City Council can adopt, regulations concerning the cultivation and distribution of medical marijuana. Section 2: The City Council hereby finds, determines and declares that the following conditions exist which require the extension of the moratorium established under Ordinance No. 1018: a. Numerous other cities in California have adopted ordinances prohibiting or heavily regulating the cultivation and distribution of marijuana, and because a significant portion of the Southern California region has prohibited or heavily regulated such cultivation and distribution, there is a substantially likelihood that such establishments will seek to locate in the City of Beaumont; b. Medical marijuana facilities are currently attempting to locate and operate in many cities of the State without the benefit of uniform statewide regulation, or even local regulation; c. The City currently does not have standards relating to the regulation of the location, operation and concentration of medical marijuana facilities and imposing other reasonable time, place and manner restrictions; d. Absent the adoption of this Ordinance, the establishment and operation of medical marijuana facilities in the City of Beaumont would result in negative and harmful secondary effects other cites have experienced; e. As a result of legal conflicts concerning medical marijuana facilities, coupled with the potential and harmful secondary effects associated with such facilities and the potential threat such effects would pose to the public health, safety and general welfare, as well as the potential zoning conflicts that would be created by unauthorized medical marijuana facilities, it is necessary to extend the moratorium pending resolution of the legal conflicts, completion of the City's study of the potential impacts of medical marijuana facilities and the development of possible amendments to the City's Municipal Code. Section 3: Because the unregulated establishment of medical marijuana facilities poses a potential and substantial threat to the public health, safety and general welfare of the community and undermines the benefits of the City's General Plan and Zoning Ordinance because the City lacks standards regulating medical marijuana facilities, it is necessary to enact this Ordinance as an urgency measure to become effective immediately upon its adoption. Section 4: The City Council finds that, in accordance with the terms and provisions of Section 65858 of the Government Code, and following notice given in the time and manner required by law, it held a public hearing on the extension of Ordinance Nos. 1018 and 1021. After hearing all applicable evidence, the City Council finds that the conditions and findings cited in Ordinance Nos. 1018 and 1021 continue to exist and that further studies by City staff and hearings by the Planning Commission are necessary in order to regulate the establishment of medical marijuana facilities in the City. Section 5: The City Council, therefore, hereby declares an extension to the existing moratorium and ordains that the moratorium be extended for an additional term of 12 months. 2 Section 6: The moratorium established herein shall apply to the processing and issuance of any zoning permit, use permit, building permit, occupancy permit, business license or other entitlement for the establishment and operation of medical marijuana facilities established for the collective cultivation and/or distribution of medical marijuana in any residential or non-residential zone. Section 7: The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and the extension of the moratorium hereby, may have a significant effect on the environment, because the moratorium will impose greater limitations on development within the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from the California Environmental Quality Act pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. Section 8: 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 or invalid or ineffective by any court of competent jurisdiction, such holding shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase irrespective of the fact that any one or more of them may be declared unconstitutional or invalid or ineffective. PASSED, APPROVED AND ADOPTED this 7th day of May, 2013, by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox ATTEST: SHE a HANV ' , Deputy Cit Clerk CITY OF BEAUMONT By ROGER BERG, Mayor CERTIFICATION 3 1 hereby certify that the foregoing Urgency Ordinance No. 1032 was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Beaumont held on May 7, 2013. CITY OF BEAUMONT By (SEAL) SHELBY HANVEY, eputy City CI 4 05/9/2013 ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING CHAPTER 5.62 TO TITLE 5 OF THE BEAUMONT MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT AND THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES, COOPERATIVES AND COLLECTIVES IN THE CITY THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. Purpose The purpose of this Ordinance is to enact a complete and total prohibition of medical marijuana dispensaries, cooperatives and collectives in the City of Beaumont. Section 2. Findings (1) On May 21, 2013, at a duly -noticed public hearing, held in accordance with the Government Code and the City's Municipal Code, the City Council heard and considered all testimony and arguments, written and oral, of all persons desiring to be heard, and the City Council considered all facts relating to this Ordinance. (2) On November 5, 1996, the voters of the State of California approved Proposition 215, which enacted the Compassionate Use Act of 1996, codified at California Health and Safety Code § 11362.5 ("the Act" or "the Compassionate Use Act"). The Act decriminalizes otherwise unlawful possession and cultivation of marijuana for certain medical purposes under certain limited and specified circumstances. (3) Despite voter approval of the Compassionate Use Act, various problems and uncertainties in the Act impeded the ability of law enforcement to interpret and enforce the law, and hindered persons eligible to use marijuana for medical purposes from doing so, while many persons took advantage of the Act to use marijuana for recreational and not medicinal purposes. (4) In 2003, the California Legislature enacted Senate Bill 420, effective January 1, 2004, adding Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and Safety Code § 11362.7, et seq. ("the Program" or "the Medical Marijuana Program"). The Medical Marijuana Program created a state -approved voluntary medical marijuana identification card program and provided for certain additional immunities from state marijuana laws. The Medical Marijuana Program also authorized cities and other local governing bodies to adopt and enforce rules and regulations consistent with the Program. (5) While the Medical Marijuana Program was intended to clarify the scope of the Act, neither the Federal nor the State government has to date implemented a specific plan "to provide for the safe and affordable distribution of cannabis to all patients in medical need of cannabis," leaving unanswered numerous questions as to how the Compassionate Use Act and Medical Marijuana Program should be implemented, particularly in regard to the distribution of medical marijuana through facilities commonly referred to as medical marijuana dispensaries. Page 1 of 10 05/9/2013 (6) The chief purposes of the Compassionate Use Act are: (a) to allow Californians to obtain and use marijuana in the medical treatment of illnesses for which it provides appropriate relief, as recommended by a physician, and (b) to ensure that qualified patients and their primary caregivers who obtain and use marijuana for medicinal purposes upon recommendation of a physician are not subject to criminal prosecution or sanction. As such, the primary intention of the Compassionate Use Act was to allow seriously ill Californians to use marijuana for medicinal purposes without facing criminal penalties otherwise imposed under the State law, and not to legalize marijuana for recreational use, legitimize illegal drug use or fuel the market for the illegal drug sales. (7) The Compassionate Use Act is limited in scope, in that it only provides a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. The scope of the Medical Marijuana Program is also limited in that it establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering or distributing marijuana. (8) Since the passage of the Compassionate Use Act, the Medical Marijuana Program appears not to have facilitated its stated goals but instead the predominant use of marijuana has been for recreational and not -medicinal purposes. As the report issued by California Chiefs Association on September 2009, entitled "California Chiefs Association Position Paper on Decriminalizing Marijuana" states, "[i]t has become clear, despite the claims of use by critically ill people, that only about 2% of those using crude Marijuana for medicine are critically ill. The vast majority of those using crude Marijuana as medicine are young and are using the substance to be under the influence of THC [tetrahydrocannabinol] and have no critical medical condition." California Chiefs Association's Position Paper on Decriminalizing Marijuana (dated September, 2009). (9) Facilities purportedly dispensing marijuana for medicinal purposes are commonly referred to or known as a medical marijuana dispensary, medical marijuana cooperative, or medical marijuana collective. However, these terms are not defined anywhere in the Compassionate Use Act nor Medical Marijuana Program. Significantly, nothing in the Act or the Program specifically authorizes the operation and the establishment of medical marijuana dispensing facilities, whether fixed or mobile. (10) Further, neither the Compassionate Use Act nor the Medical Marijuana Program require or impose an affirmative duty or mandate upon local governments, such as the City of Beaumont, to allow, authorize or sanction the establishment and the operation and establishment of facilities dispensing medical marijuana within its respective jurisdictions. Moreover, the Compassionate Use Act did not create a constitutional right to obtain marijuana. (11) Health and Safety Code § 11362.765 specifically prohibits the cultivation or distribution of medical marijuana for profit. (12) Notably, the Act does not abrogate the City's powers to regulate for public health, safety and welfare. Health and Safety Code § 11362.5(b)(2) provides that the Act does not supersede any legislation intended to prohibit conduct that endangers others. And, Health and Safety Code § 11352.83 authorizes cities and counties to adopt and enforce rules and regulations consistent with the Medical Marijuana Program. Page 2 of 10 05/9/2013 (13) On August 25, 2008, Edmund G. Brown, the California Attorney General, issued "Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use" ("the Guidelines") pursuant to Health and Safety Code §11362.81(d), which authorizes the Attorney General to "develop and adopt appropriate guidelines to ensure the security and non -diversion of marijuana grown for medical use by patients qualified under" the Compassionate Use Act. Nothing in the Guidelines imposes an affirmative mandate or duty upon local governments, such as Beaumont, to allow, sanction or permit the establishment or the operation of facilities dispensing medical marijuana within their jurisdictional limits. (14) In adopting this Ordinance, the City Council takes legislative notice of the following cases that it finds to be relevant to its actions: People v. Mentch (2008) 45 Ca1.4th 274 [regarding the California Supreme Court's analysis of the limited application and scope of the Act and the Program, and its holding that a "primary caregiver" status requires a specified showing of consistently providing care, independent of any assistance in taking medical marijuana, at or before the time of assuming the responsibility of assisting with medical marijuana]; People ex rel. Lungren v. Peron (1997) 59 Cal.App.4th 1383 [the California Court of Appeal recognizing the limited scope of the Act and the Program, and holding that filling out a form that designates a commercial enterprise as the qualified patient's "primary caregiver" is insufficient to establish a caregiver status]; Ross v. RagingWire Telecommunications, Inc. (2008) 42 Ca1.4th 920 [California Supreme Court holding that an employee may be terminated for the use of medical marijuana]; Claremont v. Kruse (2009) 177 Cal.App.4th 1153 [California Court of Appeal holding that neither the Act nor the Program expressly or impliedly preempt local exercise of land use and zoning police powers]; People v. Mower (2002) 28 Ca1.4th 457 [California Supreme . Court holding that the defenses accorded by the Act are limited to "patients and primary caregivers" for the possession and cultivation of marijuana only]; People v. Urziceanu (2005) 132 Cal.App.4th 747 [California Court of Appeal noting that courts consistently have rejected attempts to broaden the scope of the Act and the Program and recognizing that the Act did not create a constitutional right to obtain marijuana]; People v. Hochanadel (2009) 176 Cal.App.4th 1997, California Court of Appeal concluding that the storefront dispensary did not operate within the Act and the Program]; City of Lake Forest v. Moen et al. (Case No. 30-2009-0029887-CU-MC-CJC) [trial court granting Lake Forest's preliminary injunction and finding that (a) a city's power to enact land use or zoning laws, and a city's enforcement of existing local laws is not preempted by the Compassionate Use Act and Medical Marijuana Program; and (b) under Government Code Section 37100, Lake Forest could not have promulgated local regulations allowing the use, sale or distribution of marijuana because marijuana remains an illegal drug under the Federal Controlled Substances Act]. (15) On May 6, 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center upholding the right of cities and counties to absolutely ban facilities that distribute medical marijuana. (16) Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq. and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision. Further, the Federal Controlled Substances Act, 21 U.S.C. § 841, makes it unlawful for any person to cultivate, manufacture, distribute or Page 3 of 10 05/9/2013 dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes. (17) The City Council, in adopting this Ordinance, takes legislative notice of the following federal cases: United States v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483 [finding that there is no medical necessity defense or exemption for the possession of medical marijuana under the federal Controlled Substances Act]; Gonzalez v. Raich (2005) 545 U.S. 1 [holding that under the Commerce Clause of U.S. Constitution, the Congress can prohibit the manufacture, cultivation, distribution and possession of marijuana pursuant to the Federal Controlled Substances Act, even as such prohibitions apply to marijuana manufactured, cultivated, distributed or possessed under the auspices of the Act] and James v. City of Costa Mesa et al. (Case No. SACV 10-402 AG (MLGx)) [District Court ruling denying plaintiffs' preliminary injunction and finding that medical marijuana users are not qualified individuals under the Americans with Disabilities Act because marijuana remains an illegal drug under the Federal Controlled Substances Act]. (18) The City Council, in adopting this Ordinance, takes further legislative notice of the existence and content of the following reports concerning the negative secondary effects and adverse impacts of facilities dispensing medical marijuana: "California Police Chief's Association Position Paper on Decriminalizing Marijuana" (September 2009); "White Paper on Marijuana Dispensaries" issued by California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009); "City Attorney's Report to the San Diego City Council Committee on Public Safety and Neighborhood Services on Medical Marijuana" (dated July 24, 2009); "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, July through September 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, April to June 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, January to March 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association, September to December 2007; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Chiefs of Police Association; "White Paper Medical Marijuana: History and Current Complications", issued by Riverside County District Attorney's Office, September 2006. (19) In adopting this Ordinance, the City Council also takes notice of the existence and contents of the various newspaper articles concerning negative secondary effects and adverse impacts of facilities dispensing medical marijuana. The City Council finds that these reports are relevant to the problems addressed by the City of Beaumont in enacting this Ordinance to preserve and safeguard public health, safety and welfare by protecting against the negative secondary effects and adverse impacts of facilities dispensing medical marijuana, and more specifically finds that these reports provide convincing evidence that: (A) There is substantial evidence that other California cities that have permitted the establishment and operation of facilities for the purpose of dispensing medical marijuana have experienced negative secondary effects and adverse impacts, including an increase in crimes of marijuana and narcotics distribution and use; an increase in other criminal activities in the vicinity of these facilities, such as Page 4 of 10 05/9/2013 robbery of patients as they go in or leave the dispensaries, increased instances of DUIs and street dealings of illegal drugs; burglary of facilities dispensing medical marijuana; increase in violent crimes, such as armed robberies and murders; Toss of trade for other commercial businesses located near these facilities; organized crime involvement in the ownership and operation of marijuana dispensaries; money laundering and firearm violations; physicians making recommendations for questionable or potentially questionable cases of qualified use of medical marijuana; unjustified and fictitious physician recommendations; street dealers in the vicinity of dispensaries offering marijuana at a lower price to arriving patrons; smoking of marijuana in public; increased noise and pedestrian traffic. (B) In light of the negative secondary effects and adverse impacts, described above, the City Council finds that operation of facilities dispensing medical marijuana will burden and strain the City's law enforcement resources, in that law enforcement assistance would often be required to address and respond to various identified criminal activities. (C) California communities, including those in Riverside County, have also experienced the operation of facilities dispensing medical marijuana as negatively affecting minors. For example, medical marijuana dispensaries advertise to high school students by leaving fliers on cars in the students' parking lot and offering discounts on marijuana products; medical marijuana shops target healthy kids as young as 14 years of age through street contacts, suggesting that students obtain medical marijuana cards; high school students are reportedly obtaining physician recommendations to use marijuana for such conditions as sleeplessness and stress; minors are obtaining medical marijuana cards or a physician's recommendation for recreational and non -medicinal purposes. The City Council recognizes the possible harmful effects on children and minors exposed to the negative secondary effects and adverse impacts of facilities dispensing medical marijuana and recognizes the need to adopt this Ordinance, which will minimize and/or eliminate such exposure. The City Council further recognizes that the threat to minors, children and students in the Beaumont community is even more significant because Beaumont is a small, family- oriented community and any nonconforming medical marijuana cooperatives and collectives will be located in close proximity to public and private schools, as well as youth oriented establishments. (D) California communities, including those located in Riverside County, have reported that the majority of facilities dispensing medical marijuana, purportedly as "cooperatives" or "collectives", are operating in violation and contrary to the Act and the Program, in that these marijuana dispensing facilities are large money -making enterprises and are generally operating for profit; are engaging in the "sate" of marijuana, instead of distributing or making marijuana available to qualified persons. (E) In addition to the illegal operations of these money -making entities that sell marijuana, California communities have reported concerns over the quality of marijuana, in that certain chemicals including pesticides and insecticides, have been discovered in the marijuana. Recently, testing of certain "medical marijuana" distributed through a dispensary in Los Angeles County revealed high Page 5 of 10 05/9/2013 levels of Bifenthrin, a known form of pesticide or insecticide. Most marijuana dispensaries do not test the marijuana for dangerous and poisonous substances, nor are warning labels generally attached. Additionally, the Sheriff's Department has reported an incident involving an allergic reaction by an individual ingesting a food product containing marijuana at one of the marijuana dispensaries operating in a nearby city. The unmonitored, untested and unlabeled distribution of marijuana poses serious health and safety concerns. (F) These reports and experiences from other California cities and counties establish by convincing evidence that facilities dispensing and distributing medical marijuana negatively impact the health, safety and welfare of the community because of the secondary negative effects and adverse impacts described in Subparagraphs (A) - (E), above. (G) Relying on the foregoing, the City Council also finds that facilities dispensing and distributing medical marijuana may lead to the detrimental secondary effects and adverse impacts specifically described in Subparagraphs (A) -(F), above. The City bases this conclusion on the experiences of California communities, including those in Riverside County, which the City Council has a reasonable basis to believe reflect the experiences of its own community. (20) Moreover, persons in the City of Beaumont that may be in need of medical marijuana have access to facilities dispensing marijuana in neighboring cities within Riverside County, and a short car ride away including, but not limited to, the City of Palm Springs. (21) Pursuant to the City's police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the Beaumont Municipal Code, the City Council has the power to regulate permissible land uses throughout the City and to enact regulations for the preservation of public health, safety and welfare of its residents and community. And, pursuant to Government Code § 38771 the City also has the power through its City Council to declare actions and activities that constitute a public nuisance. (22) The City Council finds that neither the Act nor the Program preempt the City's exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety and welfare, such as this Zoning Ordinance prohibiting the establishment and operation of medical marijuana cooperatives and collectives within the City. (23) The City Council finds that the public health, safety and general welfare of the City and its residents necessitates and requires the adoption of this Ordinance, prohibiting the establishment and operation of stationary and mobile medical marijuana cooperatives and collectives, in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing medical marijuana, as more specifically described in Paragraph 20, above; (b) preserve and safeguard the minors, children and students in the community from the deleterious impacts of medical marijuana facilities; and (c) preserve the City's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the City's law enforcement resources. The City Council further finds that due to the negative secondary effects and adverse impacts of facilities dispensing medical marijuana, the establishment and the operation of these facilities will negatively Page 6 of 10 05/9/2013 impact residential uses and neighborhoods of the City, in that Beaumont is a small, family-oriented, residential community. (24) This Ordinance is consistent with the City of Beaumont General Plan and Zoning Ordinance in that the General Plan and Zoning Ordinance, their objectives, policies and goals, do not permit or contemplate the establishment or operation of medical marijuana cooperatives, collectives or similar facilities that engage solely in dispensing of marijuana for medicinal purposes. Section 3. Amendment of Title 5 of Beaumont Municipal Code Chapter 5.62, entitled "Prohibition of Medical Marijuana Dispensaries, Cooperatives and Collectives" is hereby added to Title 5 of Beaumont Municipal Code to read in its entirety as follows: MOVED AND PASSED upon first reading this 21st day of May, 2013, by the following roll call vote: AYES: Mayor Berg, Council Members De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: Mayor Pro Tem Castaldo MOVED AND PASSED upon first reading this 4th day of June, 2013, by the following roll call vote: AYES: Mayor Berg., Council Members Castaldo, De Forge, Fox, & Knight NOES: None ABSTAIN: None ABSENT: None ATTEST: �k Clerk .1(—.�� it re'. CITY OF BEAUMONT By Page 7 of 10 05/9/2013 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1033 duly introduced at a regular meeting of the City Council of the City of Beaumont held on May 21, 2013, and was duly adopted upon a second reading on June 4, 2013, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By City C erk Page 8 of 10 05/9/2013 CHAPTER 5.62 PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES, COOPERATIVES AND COLLECTIVES Sections: 5.62.010 Purpose 5.62.020 Definition 5.62.030 Medical Marijuana Dispensaries, Cooperatives and Collectives Prohibited 5.62.040 Violation and Enforcement 5.62.010 Purpose. It is the purpose and intent of this Chapter to preclude the opening, establishment and operation of Medical Marijuana Dispensaries, Cooperatives and Collectives in the City of Beaumont. 5.62.020 Definition. "Medical Marijuana Dispensary" "Medical Marijuana Cooperative" or "Collective" or "Medical Cannabis Dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to, one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code section 11362.5 et seq., as amended. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 and 11362.775 et seq.. 5.62.030 Medical Marijuana Dispensaries, Cooperatives and Collectives Prohibited. A. Medical Marijuana Dispensary, Cooperative or Collective is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a Medical Marijuana Dispensary, Cooperative or Collective within the City. B. The establishment, maintenance or operation of a Medical Marijuana Dispensary, Cooperative or Collective within the City is declared to be a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available legal remedies including, but not limited to, declaratory relief and civil injunctions. Page 9 of 10 05/9/2013 5.62.040 Violation and Enforcement. The establishment, maintenance or operation of a Medical Marijuana Dispensary, Cooperative or Collective in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized under the law. Section 4. California Environmental Quality Act Findings Upon independent review and consideration of the information contained in the Staff Report, the City Council hereby finds and determines that the this Ordinance does not have the potential for causing a significant effect on the environment. Accordingly, the City Council finds and determines that this Ordinance is exempt from California Environmental Quality Act ("CEQA", Public Resources Code § 21000 et seq.) pursuant to the general rule in Section 15061(b)(3) of the CEQA Guidelines (Chapter 3, of Title 14, of the California Code of Regulations) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Section 5. Severabilit Should any provision, section, paragraph, sentence or word of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Beaumont by a court of competent jurisdiction, such decisions shall not affect the validity or effectiveness of remaining portions of this Ordinance. Section 6. Effective Date of the Ordinance In accordance with California Government Code §36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption. Section 7. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law. Page 10 of 10 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) ORDINANCE NO. 1033 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: May 10, 2013 Executed on: 05/10/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, May 21, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1033 - An Ordinance of the City CouncII of the City of Beaumont, California adopting Chapter 5.62 "Prohibit the Establishment of Medical Medivana Dispensaries In the City of Beaumont'. The People of the State of California enacted Proposition 215, the Compassionate Use Act of 1996 to allow the medical use of marijuana for certain persons. The Act does not require or provide for the opening of businesses commonly known as Medical Marijuana Dispensaries. Nolwithstandi g this passage of this Act, the distribution and use of marijuana is prohibited by the Controlled Substances Act, 21 U.S.0 Section 841. It is a violation of Federal Law to possess or distribute marijuana even if it is for medical purposes. Pursuant to these provisions, this Ordinance has been prepared to prohibit Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. Dated: May 7, 2013 Shelby Hanvey Administrative Services Manager Published in The Record Gazette No.88483 05110, 2013 ORDINANCE NO. 1 0 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 8.32.007 TO CHAPTER 8.32 "NUISANCES" AUTHORIZING SUMMARY ABATEMENT POWER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Section 8.32.007, entitled "Summary Abatement Power" is hereby added to Chapter 8.32 "Nuisances" of the Beaumont Municipal Code to read as follows: "8.32.007 Summary Abatement Power. Whenever this Code or any provision of law authorizes the City Manager or any other City code enforcement officer to declare a public nuisance, the City Manager or designee shall be consulted for approval to summarily abate by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety because of the existence of a dangerous condition or imminent threat to life, safety or health, on public or private property. Summary abatement actions shall not be subject to the notice and hearing requirements of this Chapter, and a City code enforcement officer, with City Manager approval, shall not be prohibited from summary abatement actions after initiation of due process proceedings pursuant to this Chapter if immediate action at any time becomes necessary to preserve or protect the public health or safety. Summary abatement shall be limited to those actions which are reasonably necessary to immediately remove a threat. In the event a public nuisance is summarily abated, the City Manager or other code enforcement officer may keep an account of the cost of abatement and bill the property owner therefor. If the bill is not timely paid, the officer may proceed to obtain a special assessment and lien against the owner's property in accordance with the procedures set forth in this Chapter." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 2nd day of Apri 1 , 201 3, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, Fox, and Knight NOES: None ABSTAIN: None ABSENT: None 1 MOVED, PASSED AND ADOPTED this 7th day of May second reading by the following roll call vote: , 201 3, upon AYES: Mayor Berg, Council Members Castaldo, De Forge, & .Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox ATT T: Deputy City Clerk CITY OF BEAUMONT By Roger Berg, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1 0 3 4 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 4 / 2 20 13and was duly adopted upon a second reading on 5 /7 , 2013, by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) Shelby Hanvey, IV.uty City $rerk 2 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 19, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 8.32.007 TO CHAPTER 8.32 "NUISANCES" AUTHORIZING SUMMARY ABATEMENT POWER This Ordinance will authorize the City Manager or any other City code enforcement officer to declare a public nuisance, the nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety because of the existence of a dangerous condition or imminent threat to life, safety or health, on public or private property. Date: March 4, 2013 Marcedes McFayden Police Service Analyst Publish one time only in the Record Gazette on March 8, 2013. City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 LCWIL NU! P -it NOTICE IS HEREBY GIVEN, that the Beaumont City Council Will conduct a public hearing on Tuesday, March 19, 2013 at approxi- mately 600 p.m. in room 5 at the Beaumcnt Civic Cen- ter, 550 E. eth Street, Ebaumont, California S2223, to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing matter(s): AN ORDI- NANCE OF THE CITY COUNCIL CF THE CITY OF BEAUMONT, CALI- FCRNIA ADDING SEC- T ION 8.32.007 TO CHAP- TER 8.32 "NUISANCES' AUTHORIZING SUMMARY ABATEMENT POWER This Ordinance will authorize the City Manager or any other City code enforcement cffi- cer to declare a public nui- sance, the nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to preserve ar protect the public health cr safety because of the exis- tence of a dangerous condi- tion or imminent threat to life, safety cr health, on public or private property. Date: March 4, 2013 Marcedes McFayden Police Service Analyst Publish in The Record Gazette No. 85379 03.08, 2013 ORDINANCE NO. 1 0 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 6.10.030 OF CHAPTER 6.10 RE: PROCEDURE FOR DECLARING A DOG POTENTIALLY DANGEROUS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Beaumont Municipal Code Section 6.10.030, entitled "Procedure For Declaring A Dog Potentially Dangerous" is hereby amended in its entirety read as follows: "6.10.030 Procedure For Declaring A Dog Potentially Dangerous. a. If the Animal Services Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, the Officer shall prepare and serve a Notice of Hearing on the owner or keeper of such dog. b. The Notice of Hearing shall be served on the owner or keeper of the dog, by personal service or by first-class mail with return receipt requested. c. Any and all complaints received from a member of the public which serves as an evidentiary basis for the Animal Services Officer's finding of probable cause shall be signed by the complainant and served concurrently with the Notice of Hearing. d. The hearing shall be held pursuant to Chapter 6.22 of this Title. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous and may make such orders as are necessary to protect the public health, safety and welfare. Such orders may include, but are not limited to, those conditions set forth in Section 6.12.070 of this Code." Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 2nd day of April , 20 1,3 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mayor Berg, Council Members Castaldo, De Forge, Fox & Knight None None None 1 MOVED, PASSED AND ADOPTED this 7th day of May , 20 1 3 upon second reading by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox ATT T: CITY OF BEAUMONT By Deputy City Cle Roger Berg, Mayor CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1 035 duly introduced at a regular meeting of the City Council of the City of Beaumont held on April 2 201 3, and was duly adopted upon a second reading on May 7 , 2013 by the roll call votes indicated therein. CITY OF BEAUMON By (SEAL) Shelby Hanvey, 2 eputy Cit Clerk LCLifiL I \ILA IL,C NOT ICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 19, 2013 at approxi- mately 600 p.m. in room 5 at the Beaumcrit Civic Cen- ter, 550 E. 6th Street, Beaumont, California 9223, to receive testimony and comments from all in- terested persons regarding the adoption of the follow- ing matter(s): AN ORDI- NANCE OF THE CITY COUNCIL CF THE CITY OF BEAUMONT, CA LI- FCRNIA AMENDING SEC- TION 6.10.030 OF CHAP- TER 610 RE: PROCE- DURE FOR DECLARING A DOG POTENTIALLY DAN- GEROUS It is the purpcse and intent of this Ordinance to amend Title 6 of the Beaumont Municipal Code which provides for the regu- lation of animals, including, but not limited to, licersing, neutering, possessing and controlling animals. This Ordinance will establish the procedures for declaring a dog as "potentially danger- ous". This Ordinance also further clarifies and pro- vides directions an the hearing prccess for declar- ing a dog "Potentially Dan- gerous" and what require- ments can be imposed far enforcement far the vicia- tion of such regulations. Date: March 4, 2013 Marcedes McFayden Police Servi� Analyst Published in The Record Gazette No. 85408 03,06, 2013 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, March 19, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING SECTION 6.10.030 OF CHAPTER 6.10 RE: PROCEDURE FOR DECLARING A DOG POTENTIALLY DANGEROUS It is the purpose and intent of this Ordinance to amend Title 6 of the Beaumont Municipal Code which provides for the regulation of animals, including, but not limited to, licensing, neutering, possessing and controlling animals. This Ordinance will establish the procedures for declaring a dog as "potentially dangerous". This Ordinance also further clarifies and provides directions on the hearing process for declaring a dog "Potentially Dangerous" and what requirements can be imposed for enforcement for the violation of such regulations. Date: March 4, 2013 Marcedes McFayden Police Service Analyst Publish one time only in the Record Gazette on March 8, 2013. City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING SECTION 8.42 TO CHAPTER 8 OF THE BEAUMONT MUNICIPAL CODE: SMOKING IN PUBLIC PARKS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Beaumont Municipal Code Section 8.42, entitled "Smoking in Public Parks" is hereby added as follows: Sections: 8.42.010 Definitions 8.42.020 Prohibition 8.42.030 Designation of Smoking Areas 8.42.040 Violation—Penalty 8.42.050 Severability 8.42.010 Definitions A. "Public Park" shall mean any park open to the public located within the City of Beaumont, and includes all sidewalks and parking lots located within or on the perimeter of a public park. B. "Smoke" means the gases, particles, or vapors released into the air as a result of the combustion, electrical ignition, or vaporization of a tobacco product, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the tobacco product. "Smoke" includes but is not limited to tobacco smoke, electronic cigarette vapors, and marijuana smoke. C. "Smoking" means engaging in an act that generates smoke. "Smoking" includes inhaling, exhaling, burning, lighting, possessing, holding, or carrying any lighted cigar, lighted cigarette of any type, lighted pipe, lighted hookah pipe; or operating electronic cigarette, or any other smoke inhalation device of any kind. "Smoking" includes smoking marijuana for medical purposes. 8.42.020 Prohibition No person shall engage in smoking within any public park, except in designated smoking areas. 8.42.030 Designation of Smoking Areas Persons conducting special events authorized and permitted by the City within a public park may designate a smoking area, provided it is located so as to minimize the effect of smoking on nonsmokers and adjacent nonsmoking areas and appropriate receptacles for the disposal of cigarettes and cigars are provided. 1 8.42.040 Violation -Penalty In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17 or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be the appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six (6) months in jail, or both". Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 18th day of June, 2013, by the following roll call vote: AYES: Mayor Berg, Council Member Castaldo, De Forge, Fox, Knight NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 2nd day of July, 2013, upon second reading by the following roll call vote: AYES: Mayor Berg. Council Member Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox AT Deputy City Cler CITY OF BEAUMONT By --75ir'`..---- Roger Berg, Mayor 2 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 1036 duly introduced at a regular meeting of the City Council of the City of Beaumont held on June 18, 2013, and was duly adopted upon a second reading on July 2, 2013, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By 3 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) SMOKING ORD. 89548 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 7, 2013 Executed on: 06/07/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council will conduct a public hearing on Tuesday, June 18, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): An Ordinance of the City Council of the City of Beaumont Adding Chapter 9.40 toTitle 9 (Public Peace, Morals & Welfare) of theBeaumont Municipal Code to prohibit smoking in public spaces The purpose of this Ordinance is to prohibit the smoking of tobacco products in public parks within the City of Beaumont. This would include any tobacco product from being smoked or chewed within a designated distance from any playground or sandbox area in a public park. This Ordinance would also mirror current state statutes regarding smoking in public places. Signs would be mandated in public spaces where smoking is prohibited, and such signs will be described in the adopted Ordinance. Date: May 28, 2013 -ss- Josh Ellsworth Sergeant Publish one time only in the Record Gazette on June 7, 2013 Published in The Record Gazette No. 89548 06/07/2013 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) 92272 - ORDINANCE NO. 1036 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: August 2, 2013 Executed on: 08/02/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature City of Beaumont LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, June 18, 2013 at approximately 6:00 p.m. in room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, Califomia 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 1036 An Ordinance of the City Council of the City of Beaumont Adding Chapter 8.42 to Title 8 the Beaumont Municipal Code to prohibit smoking in public spaces. The purpose of this Ordinance is to prohibit the smoking of tobacco products in public parks within the City of Beaumont. This would include any tobacco product from being smoked or chewed within a designated distance from any playground or sandbox area in a public park. This Ordinance would also mirror current state statutes regarding smoking in public places. Signs would be mandated in public spaces where smoking is prohibited, and such signs will be described in the adopted Ordinance. Ordinance No. 1036 was adopted at its second reading on the 2nd day of July by the following vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: Council Member Fox Date: July 29, 2013 Shelby Hanvey Deputy City Clerk Published in The Record Gazette No. 92272 08/02,2013 ORDINANCE NO. 1037 AN URGENCY ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING THE BEAUMONT MUNICIPAL CODE ADDING CHAPTER 5.70 TO PROHIBIT MOBILE MARIJUANA DISPENSARIES NECESSARY FOR PRESERVING PUBLIC PEACE, HEALTH, AND SAFETY The City Council of the City of Beaumont does ordain as follows: Section 1. Findings. In enacting this Ordinance, the City Council finds and takes legislative notice as follows: 1. In 1970, Congress enacted the Controlled Substances Act (21 U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import, manufacture, distribute, possess, or use marijuana for any purpose in the United States and further provides criminal penalties for marijuana use; and 2. The Compassionate Use Act ("CUA"), codified at California Health and Safety ("H&S") Code Section 11362.5, was approved by California voters in 1996 and legalized the use of marijuana for specific medical purposes; and 3. California courts have held that the CUA creates a limited exception for criminal liability for seriously ill persons who are in need of medical marijuana for specified medicinal purposes and who obtain and use medical marijuana under limited, specified circumstances; and 4. In 2003 the State of California adopted SB 420, the Medical Marijuana Program ("MMP"), codified at California Health and Safety ("H&S") Code Section 11362.7, which clarifies the scope of the Compassionate Use Act and allows local jurisdictions to adopt and enforce rules consistent with SB 420; and 5. The CUA expressly anticipates the enactment of additional local legislation. It provides: "Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes." (H&S Code Section 11362.5.) The MMP similarly anticipates local regulation, providing: "Nothing in this article shall prevent a city ... from adopting and enforcing ... local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective ... civil and criminal enforcement of local ordinances; [and] ... other laws consistent with this article (H&S Code 11362.83.); and 6. The California Supreme Court has established that neither the CUA or MMP preempt local regulation in the case of City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and 1 7. The exact number of delivery services operating in California is unclear, since the state does not keep a registry of mobile medical marijuana distributors. In June of 2013, at least 8 services within 7 miles of Beaumont advertised direct delivery of marijuana on "Weedmaps.com", an internet commercial listing service; and 8. An increase in mobile dispensaries has been found to coincide with successful enforcement actions involving storefront dispensaries. In other parts of the state, shuttered businesses turned to delivery services instead. There is reason to expect the same in the City of Beaumont, particularly in light of the City's ban on dispensaries being recently upheld by the California Supreme Court and the City's willingness to cooperate with federal law enforcement operations; and 9. An Inland Empire lawyer who describes himself as one who represents "California dispensary clients battling local government roadblocks" has been advising his marijuana dispensary clients to change their business model as a result of the California Supreme Court decision so that marijuana is distributed from a mobile source. This lawyer has consistently represented dispensaries operating in the County of Riverside; and 10. Mobile dispensaries have been associated with criminal activity. Delivery drivers, for example, are targets of armed robbers who seek cash and drugs. As a result, many of the drivers reportedly carry weapons or have armed guards as protection. Examples of such criminal activity reported in the media include the following: a. In March of 2013, a West Covina deliveryman was reportedly robbed after making a delivery. The deliveryman told police that he was approached by two subjects in ninja costumes who chased him with batons. He was scared and dropped a bag with some marijuana and money, which was taken by the suspects. b. In February of 2013, a Temecula deliveryman was reportedly robbed of cash outside of a Denny's restaurant, which led to a vehicular chase that continued until the robbers' vehicle eventually crashed on a freeway on ramp. c. In January of 2013, marijuana deliverymen in Imperial Beach were reportedly robbed after being stopped by assailants (one with a brandished semi-automatic handgun) after making a stop. d. In January of 2013, a deliveryman was reportedly robbed of three ounces of marijuana while making a delivery outside a Carl's Jr. restaurant in Riverside, and he told police that the suspect may have had a gun. e. In May of 2012, a 23 -year-old deliverywoman in La Mesa was reportedly shot in the face with a pellet gun. After running away, the assailants carjacked her vehicle. 2 f. In August of 2011, a medical marijuana deliveryman was reportedly robbed of $20,000 worth of his marijuana (approximately 9 pounds) and a cellular phone in Fullerton. The driver suffered a head cut during the crime. g. In June of 2011, a marijuana delivery from a Los Angeles mobile dispensary turned deadly in Orange County when four individuals reportedly ambushed the mobile dispensary driver and his armed security guard and tried to rob them. One of the suspects approached the delivery vehicle and confronted the driver and a struggle ensued. A second suspect armed with a handgun, approached the security guard, who fired at the suspect hitting him multiple times. h. In April of 2011, a customer reportedly made arrangements for a medical marijuana deliveryman to meet him in a Safeway parking lot in Salinas. The deliveryman had about $1,000 in cash and 1.5 pounds of marijuana. As the deliveryman began weighing the order, he looked up and saw a silver handgun in his face. The customer stole money and marijuana. The judge sentenced the customer to five years in state prison. In May of 2010, a college student who delivers medical marijuana door-to-door was reportedly robbed at gunpoint in Richmond. The assailants took $1,000 in cash and a pound of marijuana; and 11. Concerns about non-medical marijuana use in connection with medical marijuana distribution operations have been recognized by federal and state courts. One example is People v. Leal, 210 Cal.App.4th 829 (2012): "Not surprisingly, it seems that the enhanced protection from arrest has proven irresistible to those illegally trafficking marijuana, for if there is even rough accuracy in the anecdotal estimate by the arresting detective in this case - that nearly 90 percent of those arrested for marijuana sales possess either a CUA recommendation or a card - then there is obviously widespread abuse of the CUA and the MMP identification card scheme by illicit sellers of marijuana. Ninety percent far exceeds the proportion of legitimate medical marijuana users one would expect to find in the populace at large. For this and other reasons, it is impossible for us not to recognize that many citizens, judges undoubtedly among them, believe the CUA has become a charade enabling the use of marijuana much more commonly for recreational than for genuine medical uses. "; and 12. Despite the Compassionate Use Act and the Medical Marijuana Program, the United States Attorneys in California have all taken action to enforce the federal Controlled Substances Act against marijuana dispensaries, and have issued letters stating that California cities and officials face possible criminal prosecution for enabling dispensaries to violation federal law; and 3 13. The California Constitution grants cities the power to make and enforce all ordinances and regulations with respect to municipal affairs. Article XI, Section 7 of the California Constitution provides a city may make and enforce within its limits all police, sanitary and other ordinances and regulations not in conflict with general laws; and 14. The City of Beaumont, by and through its City Council, has and may exercise all powers necessary to ensure the general welfare of its inhabitants; and 15. There exists a current and immediate threat to public health, safety and welfare in the absence of the City adopting an ordinance prohibiting establishment, operation or use of mobile marijuana dispensaries; and 16. It is the purpose and intent of this Ordinance prohibiting all mobile marijuana dispensaries to promote health, safety, morals, and general welfare of the residents and businesses within the City; and 17. The failure to prohibit mobile marijuana dispensaries or medical marijuana dispensaries will expose the City to costs related to regulation, enforcement, and the negative secondary effects of dispensaries including an increase in violent crime. Section 2. The City Council has determined that there is a high likelihood that mobile marijuana dispensaries will immediately flourish in the City without the adoption of this Ordinance. The City Council finds that this Ordinance is necessary as an emergency measure for preserving the public peace, health, or safety. Section 3. Chapter 5.70 is hereby added to the Beaumont Municipal Code as more fully set forth on Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference. Section 4. This Ordinance is not a project within the meaning of Section 15378 of the State CEQA (California Environmental Quality Act) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. In the event that this Ordinance is found to be project under CEQA, it is subject to the CEQA exemption contained in CEQA Guideline section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 5. This Ordinance is adopted as an urgency measure pursuant to Section 36937 of the Government Code. This Ordinance is necessary as an emergency measure for preserving the public peace, health, and safety of the City and its residents. Section 6. Pursuant to Section 36937 of the Government Code, this Urgency Ordinance shall become effective immediately upon adoption. Section 7. The City Clerk shall certify to the adoption of this Ordinance and cause publication once in a newspaper of general circulation. 4 MOVED AND PASSED upon this 2nd day of July, 2013, by the following roll call vote: AYES: Mayor Berg, Council Members Castaldo, De Forge, and Knight NOES: None ABSTAIN: None ABSENT: None CITY OF BEAUMONT By GER BERG, Mayo CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. Ib 7 duly introduced at a regular meeting of the City Council of the City of Beaumont held on July 2, 2013, and was duly adopted by the roll call votes indicated therein. CITY OF BEAUMONT By (SEAL) SHELBY HANVEY,lieputy Citylerk 5 CHAPTER 5.70 MOBILE MARIJUANA DISPENSARIES Sections: 5.70.010 Definitions. 5.70.020 Mobile Marijuana Dispensaries Prohibited. 5.70.030 Marijuana Delivery Prohibited. 5.70.040 Excluded Operations. 5.70.050 Public Nuisance Declared. 5.70.060 Violations. 5.70.010 Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: "Mobile Marijuana Dispensary" means any clinic, cooperative, club, business or group which transports or delivers, or arranges the transportation or delivery, of medical marijuana to a Person. "Person" means any person, firm, corporation, association, club, society, or other organization. The term Person shall include any owner, manager, proprietor, employee, volunteer or salesperson. "Operation" means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of a Mobile Marijuana Dispensary. 5.70.020 Mobile Mariivana Dispensaries Prohibited. Mobile Marijuana Dispensaries are prohibited in the City of Beaumont. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation of any Mobile Marijuana Dispensary within the City. 5.70.030 Marijuana Delivery Prohibited. (a) No Person shall deliver marijuana to any location within the City from a Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or engage in any Operation for this purpose. (b) No Person shall deliver any marijuana -infused product such as tinctures, baked goods or other consumable products, to any location within the City from a Mobile Marijuana Dispensary, regardless of where the Mobile Marijuana Dispensary is located, or engage in any Operation for this purpose. 1 5.70.040 Public Nuisance Declared. Operation of any Mobile Marijuana Dispensary within the City in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies. 5.70.050 Violations. Violations of this Chapter may be enforced in accordance with the provisions of Chapter 1.17 of this Code. Notwithstanding any other provision of the Code, a violation of this Chapter is not subject to criminal penalties. 2 Record Gazette 218 N. Murray St. Proof of Publication (2015.5 C.C.P.) MOBILE MARIJUANA- 90151 State of California County of Riverside ) ss. I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of general circulation as defined by the laws of the state of Califomia by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737. That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: June 21,2013 Executed on: 06/21/2013 At Banning , CA I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct. Signature CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a pubic hearing on Tuesday, July 2, 2013 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN URGENCY ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING THE BEAUMONT MUNICIPAL CODE ADDING CHAPTER 5.70 TO PROHIBIT MOBILE MARIJUANA DISPENSARIES NECESSARY FOR PRESERVING PUBLIC PEACE, HEALTH, AND SAFETY Date: June 5, 2013 Shelby Hanvey Administrative Service Manger Publish one time only in the Record Gazette on June 21, 2013 Published in The Record Gazette No. 90151 06/21, 2013 CITY OF BEAUMONT LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council conducted a public hearing on Tuesday, July 2, 2013 in the room 5 at the Beaumont Civic Center, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): AN URGENCY ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA, AMENDING THE BEAUMONT MUNICIPAL CODE ADDING CHAPTER 5.70 TO PROHIBIT MOBILE MARIJUANA DISPENSARIES NECESSARY FOR PRESERVING PUBLIC PEACE, HEALTH, AND SAFETY Date: June 5, 2013 Shelby Hanvey Administrative Service Manger Publish one time only in the Record Gazette on June 21, 2013 City of Beaumont • 550 E. 6th Street • Beaumont • CA • 92223 • (951) 769-8520 b MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: URGENCY ORDINANCE AMENDING THE BEAUMONT MUNICIPAL CODE TO ,(� ADD CHAPTER 5.70 PROHIBITING THE OPERATION OF MOBILE MARIJUANA " DISPENSARIES IN THE CITY DATE: JULY 16, 2013 ISSUE: Adopt an Urgency Ordinance to add Chapter 5.70 to the Beaumont Municipal Code prohibiting the establishment and operation of mobile marijuana operations in the City. RECOMMENDATION: That the City Council introduce and adopt the attached urgency ordinance to be effective immediately. BACKGROUND: State and Federal Law In 1996, the voters of California approved by initiative "The Compassionate Use Act of 1996" ("CUA"). The purpose of the CUA was to allow seriously ill Californians to obtain and use medical marijuana under certain specified circumstances. In 2003, the Legislature approved the Medical Marijuana Program Act ("MMP"), which provided additional statutory guidance for those involved with medical marijuana use and also authorized cities to enact rules and regulations with regard to medical marijuana consistent with California law. Despite the passage of the CUA, the United States Supreme Court in United States v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483, held that the Federal Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and that no medical necessity exceptions exist to those prohibitions. City's Ban on Storefront Dispensaries Within all zoning districts in the City of Beaumont, marijuana distribution facilities are specifically prohibited and constitute a prohibited use under the Beaumont Municipal Code. (BMC Ch. 5.62.) On May 6, 2013, the California Supreme Court ruled that the California Constitution grants cities and counties broad power to determine the permitted uses of land within their borders; that the CUA and the MMP state or imply no purpose to restrict that power; and that local bans do not conflict with these statutes, because the statutes do no more than exempt certain activities from the state's criminal and nuisance laws. City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., 56 Cal. 4th 729 (2013). Memorandum Page 2 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: URGENCY ORDINANCE AMENDING THE BEAUMONT MUNICIPAL CODE TO ADD CHAPTER 5.70 PROHIBITING THE OPERATION OF MOBILE MARIJUANA DISPENSARIES IN THE CITY DATE: JULY 16, 2013 Mobile Marijuana Dispensaries Several California cities and counties that have permitted the establishment of medical marijuana dispensaries have experienced serious adverse impacts associated with and resulting from such facilities and dispensaries. According to these communities, news stories widely reported, and medical marijuana advocates, medical marijuana facilities and dispensaries have resulted in and/or caused an increase in crime, including murders, burglaries, armed robberies, violence, illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana dispensaries. An unregulated industry of marijuana delivery services is circumventing the City's ban on storefront dispensaries and bringing marijuana directly to people's homes, offices and more unconventional locations. In many of these operations, business operators use runners to make deliveries of marijuana in a manner that is outside the guidelines of the CUA and MMP. These new couriers advertise in newspapers and on the internet, and they advertise a wide range of strains and other products, such as brownies and cookies laced with THC, the active ingredient in marijuana. Essentially, these courier operations appear to be efforts to bypass the ordinances that have been set up by cities and counties. The exact number of delivery services operating in California is unclear, since the state does not keep a registry of medical marijuana distributors. In June of 2013, at least 8 mobile services between Yucaipa and Beaumont (3 of which are in Beaumont) advertised direct delivery of marijuana to patients on "Weedmaps.com", an internet commercial listing service. An increase in mobile dispensaries has been found to coincide with successful enforcement actions involving storefront dispensaries. According to a February 26, 2013 article in the San Diego Union Tribune, many mobile dispensaries sprouted up after federal authorities targeted storefront operations in San Diego and Imperial Counties. According to a DEA Special Agent, many of the shuttered businesses turned to delivery services instead. There is reason to expect the same in the City of Beaumont, particularly in light of the City's ban on dispensaries and the City's willingness to cooperate with federal law enforcement operations. An Inland Empire lawyer who describes himself as one who represents "Califomia dispensary clients battling local government roadblocks" has been advising his marijuana dispensary clients to change their business model as a result of the California Supreme Court decision so that marijuana is distributed from a mobile source. This lawyer has consistently represented dispensaries operating in the County of Riverside. Memorandum Page 3 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: URGENCY ORDINANCE AMENDING THE BEAUMONT MUNICIPAL CODE TO ADD CHAPTER 5.70 PROHIBITING THE OPERATION OF MOBILE MARIJUANA DISPENSARIES IN THE CITY DATE: JULY 16, 2013 Mobile dispensaries have been associated with criminal activity. Delivery drivers, for example, are targets of armed robbers who seek cash and drugs. As a result, many of the drivers reportedly carry weapons or have armed guards as protection. Examples of such criminal activity reported in the media include the following: • In March of 2013, a West Covina deliveryman was reportedly robbed after making a delivery. The deliveryman told police that he was approached by two subjects in ninja costumes who chased him with batons. He was scared and dropped a bag with some marijuana and money, which was taken by the suspects. • In February of 2013, a Temecula deliveryman was reportedly robbed of cash outside of a Denny's restaurant, which led to a vehicular chase that continued until the robbers' vehicle eventually crashed on a freeway on ramp. • In January of 2013, marijuana deliverymen in Imperial Beach were reportedly robbed after being stopped by assailants (one with a brandished semi-automatic handgun) after making a stop. • In January of 2013, a deliveryman in Riverside was reportedly robbed of three ounces of marijuana while making a delivery outside a Carl's Jr. restaurant, and he told police that the suspect may have had a gun. • In May of 2012, a 23 -year-old deliverywoman in La Mesa was reportedly shot in the face with a pellet gun. After running away, the assailants carjacked her vehicle. • In August of 2011, a medical marijuana deliveryman was reportedly robbed of $20,000 worth of his marijuana (approximately 9 pounds) and a cellular phone in Fullerton. The driver suffered a head cut. • In June of 2011, a marijuana delivery from a Los Angeles mobile dispensary turned deadly in Orange County when four individuals reportedly ambushed the mobile dispensary driver and his armed security guard and tried to rob them. One of the suspects approached the delivery vehicle and confronted the driver and a struggle ensued. A second suspect armed with a handgun, approached the security guard, who fired at the suspect hitting him multiple times. • In April of 2011, a customer reportedly made arrangements for a medical marijuana deliveryman to meet him in a Safeway parking lot in Salinas. The deliveryman had about Memorandum Page 4 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: URGENCY ORDINANCE AMENDING THE BEAUMONT MUNICIPAL CODE TO ADD CHAPTER 5.70 PROHIBITING THE OPERATION OF MOBILE MARIJUANA DISPENSARIES IN THE CITY DATE: JULY 16, 2013 $1,000 in cash and 1.5 pounds of marijuana. As the deliveryman began weighing the order, he looked up and saw a silver handgun in his face. The customer stole money and marijuana. The judge sentenced the customer to five years in state prison. • In May of 2010, a college student who delivers medical marijuana door-to-door was reportedly robbed at gunpoint in Richmond. The assailants took $1,000 in cash and a pound of marijuana. It is reasonable to conclude that similar adverse impacts on the public health, safety and welfare will likely if not certainly occur in the City of Beaumont if the City fails to take quick and decisive action. The City Attorney's Office is of the opinion that the introduction and adoption of this ordinance is an urgent matter necessary for preserving public peace, health and safety. Government Code Section 36937 permits the City Council to adopt this ordinance as an urgency measure for the reasons set forth in the attached ordinance and for it to be immediately effective. FISCAL IMPACT It is not anticipated that the proposed ordinance will have any adverse fiscal impact upon the City. Prepared by: Joseph S. Aklufi, City Attorney Attachment: Proposed Ordinance