G\T Y OF
PISMO BEACH CITY COUNCIL STAFF REPORT
A�syo Bt Agenda Item #12.13
Meeting Date: March 4, 2025
TITLE:
Introduction (First Reading) of Animal Control Regulations Ordinance; Introduction (First Reading) of 2025 Omnibus Municipal Code Cleanup Ordinance RECOMMENDATION:
1. Introduce an Ordinance adopting by reference Title 9: Animals of the San Luis Obispo County Code, and reserving certain local animal control regulations as set forth in Title 6: Animals of the City of Pismo Beach Municipal Code; and
2. Introduce an Ordinance implementing changes to various provisions of the Pismo Beach Municipal Code, including Chapters 1.24, 2.04, 3.06, 3.08, 5.16, 5.22, 5.24,
5.28. 12.16, 12.32, and 12.36.
DISCUSSION:
Animal Control Regulations Ordinance
The City contracts with the County of San Luis Obispo for the provision of animal control services within the city. In addition, the City has adopted and enforces select local animal control regulations, including dog leash requirements and permits for goatkeeping. Prior to this arrangement with the County, the City had enacted its own animal control regulations, and those regulations were left on the books after the service contract was effectuated. In the interest of eliminating regulatory conflicts and better-allowing the County to provide services, staff recommends that the City adopt the County's animal control regulations by reference and remove the defunct local provisions from the City code.
Summary of Proposed Animal Control Ordinance
The ordinance provided as Attachment 1 includes the following components:
1. Adoption of County animal control regulations (San Luis Obispo County Code Title 9) by reference. This will allow County officials, and City officials if needed, to enforce the County's general animal control regulations within Pismo Beach, per the City's contract with the County. Repeal of the City's animal control regulations (Pismo Beach Municipal Code Title 6) will eliminate complications and remove long-defunct regulations from the City's code.
2. Carve-out of Local Regulations. The City will reserve select local code provisions for local enforcement, by reinstating only those portions of the existing Title 6 that will need to continue to be enforced by the City, including:
• Dog leash laws.
• Prohibition of dogs on the pier, with the exception of service dogs.
Council Agenda 3-4-2025 12.13-1
• Goatkeeping permit regulations.
• Other miscellaneous animal control regulations that, for example, prohibit dangerous carnivorous animals, and require the management of noise and odor concerns in general.
• Prohibition on feeding birds in the creek and Cypress Street bridge area.
3. Penalties. In order for County or City animal control regulations to be enforced and prosecuted by the City, penalty provisions must be stated explicitly in the City's code, rather than adopted by reference. Violation of animal control regulations will be an infraction for a first offense, and a misdemeanor for a second offense with six months, subject to City Attorney review.
Procedure
Applicable Government Code provisions require an idiosyncratic noticing and adoption process for ordinances that adopt other regulations by reference. If the City Council acts to introduce this ordinance as recommended, the second reading is required to be calendared as a Public Hearing, with a full two weeks' public noticing period. In addition, a copy of the adopted code (SLOCC Title 9) must be on file in the Clerk's office throughout the noticing period, and on file in the office of the enforcement agency (the City Police Department) throughout the effective lifetime of the ordinance.
Omnibus Ordinance
The City Clerk and City Attorney maintain a running list of municipal code provisions that are known to be outdated or obsolete, or to contain typographical errors. In the interest of efficient use of staff time and financial resources, these minor, typically non-substantive changes are gathered into an omnibus ordinance along with other amendments not warranting stand-alone ordinances, and presented to Council no more than once a year.
Proposed changes for 2025, accumulated since the last omnibus ordinance was adopted in mid-2021, are summarized below and fully set forth in the draft ordinance provided as Attachment 2. For context, the City's complete Municipal Code is available online at pismobeach.org/municode. Further information, including strike-and-underscore exhibits of the proposed changes, may also be requested from the City Clerk's Office.
Summary of Proposed Changes
• Chapter 1.24 -Administrative Code Enforcement.
Largely non-substantive cleanup of terminology, numbering, and minor reorganization, to match contemporary (e.g. technological) practices and eliminate internal inconsistencies. In particular, this change will resolve an internal inconsistency regarding whether an appellant must appear at their appeal hearing in order for the matter to be carried. In addition, this revision will allow the hearing officer ten rather than two days to deliver their notice of decision, and clarifies that appeals must be filed by 5:00 p.m. on the tenth day following the date of citation.
Council Agenda 3-4-2025 12.113-2
• Section 2.04.280 - Mayor and Council Emergency Succession.
Codifies emergency succession protocols for the Mayor and Council Members to assure continuity of government in the event a majority of the Council is absent or incapacitated, in accordance with the updated Emergency Operations Plan adopted in late 2024. If this ordinance is introduced, Resolution R-2020-022, which set forth the prior emergency succession scheme and matched the old Emergency Operations Plan, will need to be rescinded concurrent with the second reading of the ordinance.
• Section 2.08.050 B. - City Manager Powers and Duties.
Updates the titles of the Department Head positions supervised by the City Manager, to remove City Clerk, add the Assistant City Manager, and update the title of the Public Works Director. This revision matches actual practice and does not result in a functional change.
• Section 2.08.100 - City Manager Succession.
Updates the City Manager's official successors in the event or absence or incapacity, reflecting the relatively new position title of Assistant City Manager as the first successor. This revision matches actual practice and does not result in a functional change.
• Chapter 2.18 (formerly 2.42) -Advisory Body Member Qualifications.
Renames and relocates this chapter, which establishes the prohibition on felons serving on City advisory bodies, to a more germane location next to Planning Commission regulations in the code. This change eliminates the requirement that the position be filled "immediately," in the event the Council desires to allow a vacancy to remain unfilled for any reason. This revision will also memorialize the fact that additional advisory body service qualifications, such as residency or technical background, depending on the body, shall be set by Council resolution. • Section 3.06.005 - Electronic Submittal of Claims.
Formally codifies the practice of allowing liability claims to be submitted electronically. Brings the City into compliance with Government Code Section 915(a)(3) as amended by Senate Bill 1473. This revision matches actual practice and does not result in a functional change.
• Section 3.06.010 - Exempt Claims.
Clarifies that in general, the City's claims code (Chapter 3.06) governs the types of claims that are exempt from Government Code provisions pertaining to liability claims. This revision matches actual practice and does not result in a functional change.
• Section 3.06.035 - Class Actions.
Pursuant to the California Supreme Court's decision in McWilliams v. City of Long Beach, which held in part that cities cannot prohibit the filing of class action lawsuits, a provision of the City's code prohibiting class actions will be repealed.
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• Chapter 3.08- Purchasing.
Removes references to specific, outdated dollar-amount thresholds for purchasing authority and procurements; and instead states that such thresholds will be established by resolution of the City Council from time to time (i.e. in the form of the Purchasing Policy). In addition, this change will modernize references to bidding procedures that are now undertaken entirely electronically. • Chapter 5.16- Cardroom Licensing.
Removes provisions for licensing of card rooms, of which none currently exist in the city, and enacts a prohibition on card rooms instead. References to card room licensing will also be removed from Chapter 5.04.
• Section 5.22.050(C) - Vacation Rental Noticing.
Removes the requirement that proprietors of licensed Vacation Rentals send an annual notice to properties in the proximity regarding the existence of the Vacation Rental.
• Section 5.24.170— Fees and Penalties for False Alarms.
Provides that fees for false alarms generated by privately-owned alarm systems will be set by resolution of the City Council, in the same manner as other fees, and sets forth the structure for assessment of penalties upon unpaid invoices. • Chapter 5.28 - Solicitors and Peddlers.
Removes the current limitation on the definitions of "soliciting" and "peddling" to activities occurring on residential premises, to provide greater enforcement ability (i.e. in commercial areas) and eliminate internal inconsistencies. This change will also clarify the evening hours during which peddling and soliciting are prohibited outright.
• Section 12.16.070 - Logo Use for Special Events.
Allows the City Manager to authorize use of official City insignia for special events where the City is a sponsor, as well as for any other occasions where the City might want to give authorization. Prior code vested the authority in the Tourism and Events Director and was limited to events where the City had provided sponsorship consideration. This change will also strengthen the code language around unauthorized use of City insignia.
• Chapter 12.32 - Encroachments
Clarifies that a project requiring an Encroachment Agreement for a durable encroachment in the City's right-of-way must start by applying for an Encroachment Permit. In general, this change will better-define, and draw a clearer distinction between, Encroachment Permits and Encroachment Agreements. • Chapter 12.36 - Pavement Cuts.
Revises the definition of "Completion Date" so that roadways that are a part of multi-year paving projects aren't under moratorium (i.e. a prohibition on cutting into Council Agenda 3-4-2025 12.134
newly-laid pavement) until 5 years from the completion of the entire paving project, which sometimes spans multiple years. In addition, the meaning of an "excavation waiver" will be clarified to indicate that the waiver constitutes authorization to cut into a street that is currently under moratorium due to extenuating circumstances, but does not constitute a reprieve from the other requirements of the Chapter. • Various - "Public Works Director/City Engineer" Title.
Splits a number of existing references to the combined job title Public Works Director/City Engineer, as no employee currently holds said title. References will be changed to Public Works Director, retaining the flexibility for a designee such as the City Engineer to perform the duties when appropriate.
Alternatives
1. Introduce the ordinance(s) with revisions.
2. Introduce the ordinance(s); conduct first reading(s) in full.
3. Decline to introduce the ordinance(s); provide direction to staff.
Conclusion and Recommendation
Staff recommends that the Council introduce 1) an ordinance (Attachment 1) adopting San Luis Obispo County animal control regulations by reference; and 2) an omnibus ordinance (Attachment 2) effecting the cleanup of sections throughout the municipal code.
If the Council acts to introduce the ordinance(s) as recommended, both will be returned for second reading and adoption at the March 18, 2024 meeting. In accordance with Government Code requirements for ordinances that adopt other codes by reference, the March 18, 2024 proceedings will be scheduled as a public hearing.
FISCAL IMPACT:
There is no anticipated fiscal impact from this request or from any of the code changes proposed herein. If adopted, the codification of this ordinance will be absorbed by the adopted City Clerk Division budget.
ATTACHMENTS:
1. Draft animal control regulations ordinance
2. Draft omnibus ordinance
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 3-4-2025 12.13-5
Attachment 1
ORDINANCE NO. 0-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADOPTING BY REFERENCE TITLE 9: ANIMALS OF THE SAN LUIS
OBISPO COUNTY CODE, AND RESERVING CERTAIN LOCAL ANIMAL CONTROL REGULATIONS AS SET FORTH IN TITLE 6: ANIMALS OF THE CITY OF PISMO
BEACH MUNICIPAL CODE
WHEREAS, Government Code Sections 50022.2 through 50022.9 provide that a local agency may adopt by reference the codes of another local agency, specifically including cities that wish to adopt county codes by reference, provided specified requirements are met; and
WHEREAS, the City of Pismo Beach contracts with the County of San Luis Obispo, California for animal control services, and uniformity between the two agencies' animal control regulations will ensure ease of administration and enforcement of the codes; and WHEREAS, the City of Pismo Beach desires to retain local provisions specific to Pismo Beach, including existing dog leash laws and regulations for goat-keeping permits.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Title 6 of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:
Title 6 ANIMALS
Chapter 6.02 COUNTY ANIMAL CONTROL REGULATIONS
6.02.020 County animal control regulations adopted by reference.
A. Title 9: Animals of the San Luis Obispo County Code is hereby adopted into the Municipal Code of the City of Pismo Beach by reference and incorporated as though fully set forth herein.
B. In accordance with Section 50022.6 of the Government Code of the State of California, at least one copy of Title 9: Animals of the San Luis Obispo County Code shall be kept in the office of the City's enforcement officer for as long as this ordinance remains in effect.
Council Agenda 3-4-2025 12.13-6
Attachment 1
Chapter 6.04 CITY ANIMAL CONTROL REGULATIONS
6.04.020 City animal control regulations.
Notwithstanding the provisions of Section 6.02.020, the City hereby reserves the local animal control regulations set forth in this chapter.
6.04.040 Definitions.
For the purposes of this chapter:
"City" shall mean the City of Pismo Beach.
"Household pet" shall mean any animal normally kept for purposes of companionship or amusement, as opposed to commercial purposes or for hobby breeding. Household pets include, but are not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.
6.04.060 Animal raising.
With the exception of goats, the raising or keeping of animals is allowed without a land use permit, subject to the standards of this section.
A. General standards.
1. Household pets. Household pets are generally exempt from this Chapter, except that standards for cleanliness, restraint, and noise, and other requirements set forth in this Subsection A. shall apply to the keeping of animals considered to be household pets. Further, prohibited animals described in Subsection B. shall not be considered household pets under any circumstances.
2. Maintenance. Corrals, pens, feed areas, paddocks, stables, and permanently fenced pasture are to be maintained free from litter, garbage and the accumulation of manure.
3. Animal restraint and shelter. No person shall permit any animal to be or remain during the nighttime secured by a stake or any other manner other than by enclosing such animal in a pen, corral, or barn sufficient and adequate to restrain such animal.
4. Overall animal density. Unless a larger number is allowed through development plan approval, the maximum number of animals allowed on a single site is the cumulative total of any two (2) animal densities set by Subsection C. of this section.
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Attachment 1
5. Noise and other nuisances. No animal shall be kept which is noisy, dangerous, or in some way prevents the full use and enjoyment of neighboring properties.
B. The intentional raising or keeping of the following animals is prohibited in the city:
1. Bees.
2. Hogs, pigs, and swine of any description.
3. Animals of the Mustelidae family, including but not limited to mink and ferrets, and any other carnivorous animals of similar size at maturity.
4. Turkeys.
5. Lions, tigers, poisonous snakes, alligators, and other typically wild animals able or likely to inflict serious physical injury or property damage.
C. The intentional raising or keeping of the following animals is permitted under the following conditions:
1. Birds. Facilities for the raising of ten (10) or fewer domestic birds or birds intended for sale in pet shops as a home occupation, excluding poultry or game fowl, are allowed with no minimum site area.
Domestic birds are defined as canaries, parrots, and other birds which are small and tame.
2. Cattle and horses.
a. Minimum site area. One (1) acre;
b. Animal density. Maximum number of animals allowed is one (1) per acre;
C. Setbacks. Corrals and other animal enclosures shall be located at least one hundred (100) feet from any residence other than that of the animal owner.
3. Game, fowl, poultry, and rabbits, including other non-carnivorous animals of similar size, but not including turkeys.
a. Limitations. Except on parcels of two (2) acres or larger, where all adjoining parcels are of equivalent size or larger, no Council Agenda 3-4-2025 12.13-8
Attachment 1
male fowl or poultry may be kept or raised in any residential zone;
b. Minimum site area. two thousand five hundred (2,500) square feet;
C. Enclosure required. All game fowl, poultry, and rabbits shall be contained in covered coops or pens, and not allowed to run free of a site;
d. Animal density. The number of game fowl and poultry is limited to a ratio of one (1) mature animal per two thousand (2,000) square feet of lot area. The maximum number of animals is twenty-five (25);
e. Setbacks. Animal enclosures shall be located a minimum of twenty-five (25) feet from any residence on an adjoining lot, and seventy-five (75) feet if more than five (5) game fowl or poultry are kept.
4. Sheep.
a. Minimum site area. One (1) acre;
b. Animal density. The number of animals allowed is four (4) per acre;
C. Setbacks. Animal enclosures shall be located a minimum of fifty (50) feet from any residence on an adjoining lot.
5. Goats. With approval of a permit by the community development director, goats may be kept or raised on private property subject to the following requirements:
a. Minimum site area. The minimum lot size required for the keeping of goats is nine thousand square (9,000) feet;
b. Animal density.
Number of Goats Minimum Lot Area Required
2 9,000 sq. ft. - 13,999 sq. ft.
3 14,000 sq. ft. - 18,999 sq. ft.
4 Greater than 19,000 sq. ft.
No more than four (4) goats shall be allowed on any lot within the city;
Council Agenda 3-4-2025 12.13-9
Attachment 1
C. A permit for keeping or raising goats shall only be granted upon a showing by the applicant that appropriate provisions have been made for sanitation, care, caging, and odor control appropriate for the breed of goat for which the permit is requested;
d. Setbacks. All accessory structures used for the purpose of housing or keeping animals shall be set back a distance of at least ten (10) feet from a property line;
e. No accessory building, structure or pen shall occupy any portion of a front yard or side yard on a street.
f. Permit conditions. In addition to the general standards found in this section and any conditions of permit approval deemed necessary by the community development director, the following conditions shall apply to all permits for keeping and raising goats on private property:
i. No goat(s) shall be allowed to devegetate an area so as to cause erosion;
ii. Should goat feces accumulate and create an odor problem, the feces shall be immediately cleaned up
from the site;
iii. Goats shall be kept at least twenty-five (25) feet (measured in a horizontal distance) from any open water drainage system;
iv. No permit shall be issued if another permit is in force within two hundred (200) feet of any property boundary;
V. The guardian/owner of the goats or person in charge
shall agree to hold the city harmless from all liability and costs in the event of any damage, injury, or accident caused by such goats, whether unintentional,
intentional, and/or negligent.
g. Review. Approval is granted for a one (1) year trial period and the keeping or raising of goats on the subject property shall be reviewed by the city's animal control officer, community development director or their designee after the one (1) year Council Agenda 3-4-2025 12.13-10
Attachment 1
trial period to determine if the permit allowing goats should be continued, further conditioned, or revoked;
h. Notice. Owners and tenants of properties within three hundred (300) feet of a site for which an application for permit to keep or raise goats has been submitted shall be notified by mail at least ten (10) days before community development director consideration of the permit request;
i. Appeal. In case an applicant or any other person is not satisfied with the action of the community development director on a permit decision, the person may appeal the decision in writing within ten (10) days to the city council, subject to payment of an appeal fee which may be established by the city council. An appeal must be filed with the city clerk in writing within ten (10) days of the applicant being notified in writing of the community development director's decision. If notice of the community development director's decision is mailed, the applicant must file an appeal within fifteen (15) days from the date of mailing of the decision. The city clerk shall set the matter for hearing before the city council within forty-five (45) days of receiving the written appeal. The city council shall deny the appeal and affirm the decision of the community development director unless it finds the community development director abused the director's discretion by being arbitrary and capricious or the decision otherwise violates the law. If the city council grants the appeal and overrules the decision of the community development director, it shall make written findings and determinations supporting its decision based upon the testimony and documents presented to it at the hearing, and shall adopt its written findings and determination within fourteen days (14) of the close of the hearing on the matter;
j. Weed abatement exempt. The short-term use of goats for weed abatement purposes does not require permit approval and is not subject to the conditions listed above.
D. Nonconforming keeping of animals.
The keeping of types or numbers of animals not allowed by Section
6.04.060 of this Code may be continued provided that:
1. The number of animals existing on the effective date of Ordinance 0-335 which originally enacted this title, to wit, April 25, 1984, is not to be increased except as provided in Section 6.04.060; Council Agenda 3-4-2025 12.B-11
Attachment 1
2. New offspring of existing animals may be retained on-site until weaned, after which the new animals are to be removed;
3. Deceased or relocated animals are not to be replaced;
4. Public Nuisances. Though this section provides for the keeping of animals that are not in conformity with this section, such use may be declared a public nuisance by the city council and abated as provided in the municipal code, where the use is found by the city council to be dangerous or to prevent the full use and enjoyment of neighboring properties.
6.04.080 Dog leash law.
A. Any person owning and/or possessing a dog must keep the animal on a leash not exceeding six (6) feet in length. Further, the leash must be held by a person capable of controlling such dog.
B. Exceptions. A dog can be unleashed under any of the following circumstances:
1. When the dog is on private property of the owner or of another who has consented and is either:
a. Contained on the enclosed property of the owner or of another who has consented; or
b. Is under control of a person who is in the presence of the dog; or
2. When the dog is assisting a peace officer who is engaged in law enforcement duties; or
3. When the dog is in designated parks, as specified in a resolution of the city council.
6.04.100 Dogs prohibited on pier; exceptions.
A. Except as provided in Subsection B. of this Section, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be on the city pier.
B. The prohibition set forth in Subsection A. shall not apply to any dog meeting the definition of a service dog under the Americans with Disabilities Act of Council Agenda 3-4-2025 12.113-12
Attachment 1
1990 (ADA), when such dog is accompanying a disabled person requiring the assistance of such dog; or when such dog is receiving training by a person licensed to train guide dogs.
6.04.120 Law enforcement canines.
Dogs used by or under the authority of the police department or other law enforcement agency for law enforcement purposes shall be exempt from all restrictions and prohibitions contained in this title.
6.04.140 Feeding of birds adjacent to Pismo Creek and on Cypress Street Bridge—Prohibited.
A. On the Cypress Street Bridge, or within one hundred (100) feet of the bank of Pismo Creek, it is unlawful to:
1. Feed any pigeon, seagull, or any other bird;
2. Disperse any food material or other matter edible by pigeons, seagulls, or and other any bird so as to make such material or matter available to pigeons, seagulls, or other birds for ingestion; or
3. Permit any food or other matter edible by pigeons, seagulls, or any other bird to remain on the ground after dispersing or dropping the same.
B. The provisions of this section shall not apply to any public officer or public employee in the performance of the officer's duties.
Chapter 6.06 Conflicts and Penalties
6.06.020 Conflicts.
In the event the locally reserved animal control regulations set forth in Chapter
6.04 are found to conflict with provisions of the San Luis Obispo County Code as adopted by reference by Chapter 6.02, the locally reserved regulations shall control.
6.06.040 Penalties.
A. Notwithstanding anything to the contrary San Luis Obispo County Code Title 9, a violation of any provision of this Title shall constitute an infraction for the first offense. Any subsequent violation occurring within six (6) months after the first violation shall constitute a misdemeanor.
Council Agenda 3-4-2025 12.13-13
Attachment 1
B. At the discretion of the city attorney, any violation identified as a misdemeanor in this title may be prosecuted as an infraction.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30t") day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this t" day of 2025, on motion of Council Member seconded by Council Member and on the following roll call vote, to wit:
AYES:
NOES:
Council Agenda 3-4-2025 12.113-14
Attachment 1
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this t" day of ) 2025, on motion of Council Member seconded by Council Member and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
David M. Fleishman, City Attorney
Ani
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2025-XXX, titled XXXX, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days Council Agenda 3-4-2025 12.13-15
Attachment 1
of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this '" day of , 2025. Witness my hand and official seal.
Erica Inderlied, City Clerk
Council Agenda 3-4-2025 12.13-16
Attachment 2
ORDINANCE NO. 0-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA IMPLEMENTING VARIOUS CHANGES TO THE CITY OF PISMO BEACH MUNICIPAL CODE, INCLUDING CHAPTERS 1.24, 2.04, 3.06, 3.08, 5.16,
5.22, 5.24, 5.28. 12.16, 12.32, and 12.36
WHEREAS, it is necessary and desirable to periodically implement omnibus corrections to outdated and inadvertently erroneous components of the City's Municipal Code; and WHEREAS, the City further seeks to implement certain other code provisions that will improve its ability to enhance the welfare of city residents and visitors.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Chapter 1.24 of the Pismo Beach Municipal Code is hereby revised to read in its entirety as follows:
Chapter 1.24 ADMINISTRATIVE CODE ENFORCEMENT PROCEDURE
1.24.010 Purpose—Adoption of administrative guidelines.
The purpose of this chapter is to enable the city to impose and collect civil administrative fines in conjunction with the enforcement of provisions of this code.
Notwithstanding the provisions herein, the city has, and shall continue to employ, the philosophy of voluntary compliance when seeking compliance with this code.
Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of this code and the corrective action necessary to correct a violation of this code.
1.24.020 Applicability.
A. Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the Pismo Beach Municipal Code, including but not limited to all construction and property maintenance codes adopted by reference and amended pursuant to Title 15 of this Code, subject to administrative fines.
Council Agenda 3-4-2025 12.13-17
Attachment 2
B. Administrative authority. This chapter establishes the procedures for the imposition, enforcement, collection, and review of civil administrative fines pursuant to Section 53069.4 of the California Government Code.
C. Remedies not exclusive. The use of the administrative enforcement remedies provided by this chapter is solely at the city's discretion. By adopting this chapter, the city does not intend to limit its discretion to choose the use of any other remedy, civil or criminal, or other administrative procedures, for the abatement of such violations that the city may select in a particular case, including procedures for the imposition of civil or criminal penalties.
D. Strict liability of the owner. Because serious code violations may impact public health, welfare, and safety and the adequacy and safety of housing, this chapter is intended to impose strict civil liability upon the owners of real property (or the owner of a business where the violation is caused by or relates to the operation of a business) for all violations of the Pismo Beach Municipal Code which may occur in the city of Pismo Beach regardless of the existence of specific or general intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) to violate the code.
1.24.030 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
A. "Code violation" means any violation of the Pismo Beach Municipal Code.
B. "Director" means the department head, or designee as approved by the City Manager, responsible for enforcing the municipal code with respect to the Director's department.
C. "Enforcement officer" means those city employees designated by the director and all peace officers providing law enforcement services in the city of Pismo Beach.
D. "Hearing officer" means the person designated to serve as the hearing officer for administrative hearings. The hearing officer shall be a city department head, or designee, from a city department other than the department that issued the administrative citation. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of notice of administrative citation fines upheld by the hearing officer.
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E. "Issued" means giving, mailing, or posting a notice of administrative citation to a person where "issuance" is deemed to have occurred on the earlier of the date when a notice of administrative citation is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property where a property related code violation is occurring.
F. "Notice of administrative citation" means an official city Municipal Code violation notice issued to a person(s) notifying them that they are in violation of the Pismo Beach Municipal Code with respect to certain real property or the operation of a certain business. In the case of an initial notice, if the violation has not been corrected by a specified date, a civil administrative fine will be imposed. Subsequent notices regarding the same type of violation, within any twelve (12) month period, may be cause for imposing additional administrative fines without warning.
G. "Person" means any of the following:
1. An individual who causes a code violation to occur.
2. An individual who maintains or allows a code violation to continue, by their action or failure to act in a lawful manner.
3. An individual whose agent, employee, or independent contractor causes a code violation by its action or failure to act in a lawful manner.
4. An individual who is an owner of real property where a property related code violation occurs.
5. An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises.
For purposes of this subsection "person" includes a natural person or a legal entity including but not limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legally rebuttable presumption that the record owner of a parcel as listed on the county's latest equalized property tax assessment rolls is the person responsible for a code violation on such parcel. In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a parcel shall be presumed responsible for code violations relating to the operation of the business on that parcel.
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1.24.040 Authority to enforce administrative remedies.
A. Limitations. Nothing in this chapter shall be construed or interpreted as providing a code enforcement officer designated by the director with the authority to enforce any provision of the California Penal Code, the California Vehicle Code or any other statute that is specifically required to be enforced solely by the city's law enforcement agency.
B. Persons to retain exclusive authority. Nothing in this chapter shall limit or otherwise restrict any employee, agent or official of the city from exercising any exclusive authority to enforce any law or regulation as provided by any applicable statute, regulation, or policy.
C Right to inspect. Enforcement officers are authorized to inspect all real property and other premises to ascertain whether such real property and other premises are in full compliance with the provisions of this Code and/or applicable statutes, codes and regulations. All such inspections shall be conducted in such a manner as to be consistent with this code, all state and federal law, and the constitutions of the United States and the State of California.
1.24.050 Maintaining public nuisances prohibited.
Pursuant to the authority of Section 38771 of the California Government Code, any continuing violation of the Pismo Beach Municipal Code constitutes a public nuisance. Therefore, any person owning or having possession of any real property in the City of Pismo Beach who is in violation of any provision of the Pismo Beach Municipal Code may be determined to be maintaining a public nuisance; provided, however, that it shall not be the intent of the city that this chapter preempt any private nuisance right of action or any and all other legal remedies available to private parties to abate such nuisances.
1.24.060 Abatement of unlawful conditions—Administrative citation.
A. Inspections. Whenever an enforcement officer charged with the enforcement of any provision of this code inspects a property and determines that conditions constituting a violation of the Municipal Code exist thereon, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
B. Development review conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or Council Agenda 3-4-2025 12.113-20
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other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued an administrative citation.
C. Notice of administrative citation issuance. The enforcement officer shall generally issue a notice of administrative citation to the owner or owners of the real property upon which the violation exists as the person presumed under this chapter to be responsible for the violation, or to any other person deemed responsible for the violation. A person to whom a notice of administrative citation is issued shall be liable for and shall pay to the city the administrative fine or fines described in the notice of administrative citation when due pursuant to the provision of this chapter. Each administrative citation shall contain the following information:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The section of this code violated and a brief description of the violation;
4. The amount of the fine for the code violation;
5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
7. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the city office from which a request for hearing form to appeal the administrative citation may be obtained;
8. The name and signature of the citing enforcement officer.
D. Continuing violations. Each day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. A notice of administrative citation may charge a violation for one or more days on which a violation exists and for violation of one or more applicable code sections. Pursuant to Section 53069.4(a)(2)(A) of the Government Code, a person responsible for a continuing violation shall be given not less than two (2) calendar days to correct or otherwise remedy a continuing violation before a subsequent citation may be issued.
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E. Prior violations. The city may take into consideration the fact that a person has been previously issued a notice of administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person, and such notice of administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses within the city.
F. Service of notice. The notice of administrative citation and any amended notice of administrative citation shall be served as provided in Section
1.24.150 of this Code.
1.24.070 Extensions of time.
If the director receives a request from any person required to comply with a notice of administrative citation, the director may grant an extension of any fine due date or abatement deadline if the director determines that such an extension of time will not create or perpetuate imminent danger to the public health and safety. The director shall have the authority to place reasonable conditions on such an extension.
1.24.080 Amount of fines.
A. Amount of fine. The amounts of the fines for code violations imposed pursuant to an administrative citation shall be set forth in a schedule of fines established by resolution of the city council and shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 36900 of the California Government Code. In the event no fine is specified in the schedule of fines authorized by this section, the maximum fines shall be those set forth in Section 36900 of the California Government Code.
B. Repeat violations. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person.
C. Late payment charges. Any person who fails to pay to the city any fine imposed pursuant to an administrative citation on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.
1.24.090 Payment of fines.
A. Due date. The fine shall be paid to the city within thirty (30) days from the date of the issuance of the administrative citation, or, in the event of an appeal, as determined by the hearing administrator.
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B. Refunds. Any administrative citation fine paid pursuant to Section 1.24.080 A. of this Code shall be refunded if it is determined by the hearing administrator, 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.
C. Further violations. Payment of an administrative citation fine shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. The issuance of a notice of administrative citation or the payment of a fine does not preclude the city from taking any other enforcement or legal action regarding a code violation that is not corrected, including issuing additional notices of administrative citation or the initiation of criminal or civil proceedings.
1.24.100 Appeal of notice of administrative citation.
A. Appeal to hearing administrator. Any person aggrieved by the action of the enforcement officer in issuing a notice of administrative citation pursuant to the provisions of this chapter may appeal such notice to the hearing administrator. If no appeal is filed within ten (10) business days of the date of issuance of the notice of administrative citation, the order of the enforcement officer shall be deemed final.
B. Corrections. Revocation of the notice of administrative citation by the hearing officer or voluntary abatement of the nuisance either on or prior to the notice of administrative citation due date, and any authorized extensions thereto, shall cause the case to be closed.
C. Citation appeals. To appeal a notice of administrative citation, the person receiving the notice (the "appellant") shall file a signed written request complying with this chapter. An appellant may appeal the notice of administrative citation by denying that a violation occurred, by alleging that a violation was corrected within the required correction period or, if applicable, by establishing that the appellant was not the owner of the real property or the owner of the business at the time the violation should have been corrected.
D. Receipt of an appeal. To be effective, the citation appeal must be received by the city clerk, or designee, not later than 5:00 p.m. ten (10) business days after the date the notice of administrative citation was issued. Where an appeal is submitted by mail, the appeal shall be deemed filed on the date actually received by the city clerk. Failure by the appellant to timely request an appeal shall be deemed a waiver of the right to appeal. The appellant shall be responsible for ensuring timely receipt of the appeal by the city clerk, regardless of the method of transmission of the appeal.
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1.24.110 Hearing procedures.
A. Time and place of hearings. Hearings shall be conducted by a hearing administrator on the date, time and place specified by the city not less than ten (10) days and not more than twenty days (20) from the date the appeal request is received. As soon as practicable after scheduling the hearing, the hearing administrator or city clerk shall prepare a notice of administrative citation appeal hearing, which shall be in substantially the following form:
"You are hereby notified that a hearing will be held before the Administrative Hearing Officer at on the day of , to hear your appeal of the administrative citation issued or otherwise served upon you.
You must appear at the hearing, or obtain a continuance in accordance with Municipal Code Section 1.24.110(F), otherwise your appeal will be deemed abandoned. You may be, but need not be, represented by an attorney. You may testify at the hearing and present any relevant evidence prior to and/or at the hearing."
The notice of administrative citation appeal shall be served by mail or personal service as provided in Section 1.24.150 of this Code.
B. Appeal records. The city clerk or designee shall ensure that the pertinent notice of administrative citation, together with the enforcement officer's evidence file if requested by the hearing administrator, is delivered to the hearing administrator in sufficient time prior to the appeal hearing. Before the hearing, the city clerk shall also make available to the appellant a copy of any information concerning the notice of administrative citation which will be provided to the hearing administrator.
C. Presentation of evidence. At the hearing, the appellant shall be given the opportunity to testify and to present evidence relevant to the code violation specified in the notice of administrative citation.
D. Use of reports as evidence. The notice of administrative citation and any other reports prepared by the enforcement officer or the director concerning a code violation or attempted correction of a code violation that are provided to the hearing administrator shall be accepted by the hearing administrator as prima facie evidence of the code violation and the facts stated in such documents.
E. Witnesses and additional evidence. Neither the enforcement officer nor any other representative of the city shall be required to attend the appeal hearing, nor shall the hearing administrator require that there be submitted any evidence, other than the notice of administrative citation, that may exist among the public records of the city with respect to the violation. However, Council Agenda 3-4-2025 12.113-24
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any such appearance or submission may be made at the discretion of the director.
F. Continuances. The hearing administrator may continue an appeal hearing if a request is made showing good cause by the appellant or the director.
All continuance requests shall either: (1) be made in person at the hearing by the appellant or appellant's representative if the appellant is physically unable to attend; or (2) be made by a written request received from the director or the appellant prior to the hearing. If the continuance is granted, a new hearing date shall be set within thirty (30) days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present the appeal request(s) shall be deemed abandoned in accordance with subsection H. of this section.
G. Rules of evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The hearing administrator does not have the authority to issue a subpoena.
H. Failure to appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection F. of this section, shall constitute an abandonment of the appeal.
1.24.120 Hearing administrator's decision.
A. Notice of decision. After considering all the evidence and testimony submitted at an appeal hearing, the hearing administrator shall issue a notice of decision within ten (10) days to either uphold or revoke the notice of administrative citation, based upon a conclusion of whether a violation occurred. Within one (1) business day subsequent to the hearing administrator's issuance of the notice of decision, the notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. Any failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision by the hearing administrator. The hearing administrator may reduce or cancel the amount of any administrative fine or revoke the notice of administrative citation in unusual cases when extenuating circumstances make doing so appropriate and in the interest of justice. The decision of the hearing administrator shall be final.
B. Payment of fine after appeal decision. The filing of an appeal shall suspend any fine assessed in the notice of administrative citation. In the event that the notice of administrative citation is revoked, the fine shall also be revoked. In the event that the notice of administrative citation is upheld, a new compliance deadline and fine due date shall be established by the hearing administrator and indicated on the notice of decision for the appeal.
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1.24.130 Right to judicial review.
A. Applicability of Section 53069.4 of the California Government Code. The appellant may seek judicial review of the hearing administrator's decision by filing a further appeal with the San Luis Obispo County Superior Court, Limited Civil Division, within twenty (20) calendar days after the service of the notice of decision, in accordance with the provisions of Section 53069.4 of the California Government Code. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon the hearing administrator for the City of Pismo Beach. The appellant must pay to the Superior Court the appropriate court filing fee when the appeal is filed.
B. Failure to exhaust administrative appeal. No judicial review is permitted from a decision where the appellant is deemed to have abandoned the contest of the notice of administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the hearing administrator.
C. Forwarding of records to Superior Court. Within fifteen (15) days of the Court's request, the city attorney or the city attorney's designee shall forward to the Superior Court the pertinent notice of administrative citation documents for any case appealed to that court. If the Superior Court revokes any notice of administrative citation or otherwise finds in favor of the appellant, the city will refund to the appellant the Superior Court filing fee paid by the appellant as required by Section 53069.4(b)(2) of the California Government Code .
1.24.140 Collection of unpaid fines.
A. City remedies. The city, at its discretion, may pursue any and all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines imposed pursuant to this chapter.
1. Remedies cumulative. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines owed by a person under this chapter have been collected.
2. Refusal to issue permits. A city department may refuse to accept an application for a city permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any city permit, license, or other city approval pertaining to the property that is the subject of a notice of administrative citation and an unpaid administrative fine.
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3. Suspension of issued permits. Notwithstanding any other provision of the code, any permit, license, or any type of land use approval issued by the city to a person who has unpaid administrative fines totaling five hundred dollars ($500) or more which remain delinquent for thirty (30) days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective ten (10) days after the date the notice of the suspension is placed by the issuing department in the United States mail, postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The person may request an appeal/or review hearing pursuant to the specific permit, license, or other city approval procedures or ordinance if such a request is filed before the ten-day period ends.
4. Criminal remedies. The city attorney, at their discretion, may also issue a criminal citation or complaint (infraction or misdemeanor) to any person for a code violation when the applicable fine has not been paid.
B. Violations constitute a public nuisance. The director may pursue the remedies described in this section whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for an administrative fine or to otherwise abate the violation or sanction the property owner. To compel code compliance, the city may also seek to collect assessed fines by means of a nuisance abatement lien or special assessment against the property where a property related violation occurred in accordance with the procedures in Sections 38773.1 and 38773.5 of the California Government Code.
C. Lien conditions. To recover any delinquent administrative fines as a lien or special assessment on real property, the following conditions must be met:
1. The director must submit to and receive approval from the city council for a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; and
2. The total amount of the delinquent fine against the property owner must be delinquent for sixty days or more.
D. Lien collections. The director is authorized to take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following:
1. Request the county recorder to record a notice of any lien or special assessment certified by resolution of the city council.
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2. Request the county tax collector on behalf of the city to collect any special assessments certified by resolution of the city council.
E. Notice of lien collection procedures. All notices of administrative citation shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this chapter. This notice shall satisfy the notice requirements of Sections 38773.1 and 38773.5 of the California Government Code when a notice of administrative citation is served on the person. In addition, the director shall by first class mail send notice stating the date, time, and location of the meeting to each property owner at least ten days before the city council considers the resolution to certify the amounts of the liens and special assessments. The lien or special assessment shall be imposed on the date the notice of administrative citation for the code violation is issued to the responsible person and shall become effective upon the recording of a notice of lien or special assessment by the county recorder.
F. Contesting certification of a lien. A person may contest the amount or the validity of any lien or special assessment for a civil fine at the public hearing when the city council considers the resolution to certify the liens or assessments. Such contests shall be limited to the issue of the amount or validity of the lien or assessment and may not consider whether the underlying code violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment.
G. Satisfaction of lien. When payment in full is received by the city for outstanding penalties and costs, the director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the city's lien.
1.24.150 Notices.
A Service. Except as otherwise required by applicable law, all notices required to be given by this chapter, including, but not limited to, administrative citations, notice of hearings and the hearing administrator's decision shall be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage paid, addressed to such person to be notified at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Except for notices of appeal pursuant to Section 1.24.100(D) of this Code, service by mail shall be deemed to have been completed at the time of deposit in the United States mail. Where real property is involved, written notices shall be Council Agenda 3-4-2025 12.13-28
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mailed to the property owner(s) at the address shown on the last equalized county assessment roll.
B. Unsuccessful service of notice. Where personal service or service by mail upon the property owner is unsuccessful, the city shall cause all of the following to occur:
1. A copy of the noticed material shall be conspicuously posted at the real property which is the subject of the citation, abatement or compliance order;
2. A copy of the notice, as appropriate, shall be published at least three (3) consecutive days in a newspaper of general circulation in the city.
A copy of the notice shall be published at least five (5) days prior to the date of any public hearing or proceeding related to the notice.
C. Validity. Failure to receive any notice specified in this chapter shall not affect the validity of proceedings conducted hereunder.
SECTION 3.
A new Section 2.04.280 of the Pismo Beach Municipal Code is hereby added to read as follows:
2.04.280 Mayor and City Council Member Interim Succession.
A. Mayoral Succession. In the event the Mayor of the city is unable, for any period of time, to perform the duties of office due to absence, incapacity, or death:
1. The following officers of the city shall succeed the Mayor, respectively, in responsibility for performance of the Mayor's duties, until such time that either 1) the Mayor returns to duty or 2) a Mayor is elected or appointed in accordance with the laws of the state of California, whichever occurs first.
a. First successor: Mayor Pro Tempore
b. Second successor: City Council Member (longest-serving) C. Third successor: City Council Member (second-longest serving)
d. Fourth successor: City Council Member (third-longest serving)
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e. Fifth successor: Planning Commission Chair
f. Sixth successor: Planning Commission Vice-Chair
g. Seventh successor: Another official appointed in accordance with the provisions of Section 8644 of the California Government Code.
2. This interim officer shall be designated the "Acting Mayor," with the exception of the Mayor Pro Tempore, who shall retain that title.
B. City Council Member Succession. In the event a quorum or other necessary majority of the Members of the City Council, inclusive of the Mayor and Mayor Pro Tempore, are unable, for any period of time, to perform the duties of office due to absence, incapacity, or death:
1. The following officers of the city shall succeed the Council Member(s), respectively, in responsibility for performance of the duties of the Council Member(s), until such time that either 1) a quorum or other necessary majority of the City Council returns to duty or 2) a sufficient number of Council Member(s) are elected or appointed in accordance with the laws of the state of California, whichever occurs first.
a. First successor: Planning Commission Chair
b. Second successor: Planning Commission Vice-Chair C. Third successor: Planning Commissioner (longest-serving) d. Fourth successor: Planning Commissioner (second longest- serving)
e. Fifth successor: Planning Commissioner (third longest- serving)
f. Sixth successor: Another official appointed in accordance with the provisions of Section 8644 of the California Government Code.
2. This interim officer shall be designated the "Acting Council Member."
3. Only the minimum number of interim officers necessary to restore a quorum or other necessary majority of the City Council shall be appointed.
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C. In the event two or more serving City Council Members or Planning Commissioners are of equal tenure, succession for the purposes of subsection A. and subsection B. above, respectively, shall be determined either by mutual agreement among the equally tenured members, or if no mutual agreement can be reached, by a coin toss or other randomized method to be determined and performed by the City Clerk or designee.
D. The acting officials designated in accordance with this section shall exercise all powers and carry out all duties of the office held on an acting basis, except as may otherwise be prescribed by the laws of the city or the state of California.
E. Any official performing the duties of Mayor or City Council Member on an acting basis shall not be eligible to receive the salary and benefits available to those formally elected or appointed to the position.
F. Nothing in this section shall be construed as attempting to supersede, abridge, or expand the powers and duties of acting public officials in any manner that conflicts with city, state, or federal law.
SECTION X.
Section 2.08.050 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:
2.08.050 Powers and duties.
B. Personnel and Organization. In the City Manager's duties as personnel officer, to appoint competent, qualified officers and employees to the administrative service and department head employees (which terms together are inclusive of all positions excepting the city attorney) and to dismiss, suspend, and discipline such officers and employees in accordance with such policies as may from time to time be set forth by the council, provided, however, the power to appoint or terminate department head employees, including but not limited to the assistant city manager, city treasurer/administrative services director, chief of police, fire chief, community development director, and public works director, shall only be effective upon confirmation by the council; to transfer employees from one department to another, consistent with the policies of the council; to recommend to the council such reorganization of officers, departments or divisions as may be indicated in the interest of efficient, effective, and economical conduct of the city's business, and to effect such reorganization when authorized by appropriate ordinance, resolution or motion of the council;
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SECTION 4.
Section 2.08.100 of the Pismo Beach Municipal Code is hereby revised to read as follows:
2.08.100 Absence and succession.
A. In order to provide for the performance of the city manager's duties during a temporary absence or disability, the city manager shall designate in writing a qualified officer of the city to so act, to be known as the "acting city manager." In the event of failure or inability of the city manager to make such designation, the following officers of the city shall succeed the city manager, respectively, in responsibility for performance of the city manager's duties, until such time that either 1) the city manager returns to duty or 2) the city council has appointed another acting, interim, or permanent city manager, whichever occurs first.
1. First successor: Assistant City Manager/Management Services Director
2. Second successor: Police Chief
3. Third successor: Public Works Director
4. Fourth successor: Community Development Director
5. Fifth successor: Administrative Services Director
6. Sixth successor: Tourism and Events Director
B. The acting or interim city manager designated in accordance with this section to act during the absence or disability of the city manager shall exercise all powers and carry out all duties of the city manager, excepting that no officer or employee of the city shall be appointed, removed, promoted, demoted, suspended, or otherwise disciplined by the acting city manager without the prior approval of the city council.
SECTION 5.
Chapter 2.24 of the Pismo Beach Municipal Code is hereby renumbered, renamed, and revised to read as follows:
Chapter 2.18 QUALIFICATIONS FOR ADVISORY BODY SERVICE
2.18.010 Automatic disqualification.
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Any person convicted of a felony shall be ineligible to serve on any board or commission of the city. In the event that a member of a board or commission is convicted of a felony, or such prior conviction is discovered, during the member's term of office, the conviction shall serve to terminate the member's appointment to the board or commission and the vacancy may be filled either immediately or during the next routine recruitment for the position, at the council's discretion.
2.18.020 Additional qualifications.
In addition to required qualifications for City Planning Commissioners set forth in Section 2.20.020 of this Code, qualifications for service on the Planning Commission and other appointed City advisory bodies shall be as established from time to time by resolution of the City Council.
SECTION 6.
A new Section 3.06.005 of the Pismo Beach Municipal Code is hereby added to read as follows:
3.06.005 Electronic submittal of claims.
Pursuant to Section 915(a)(3) of the California Government Code, a claim, any amendment thereto, or an application for leave to present a late claim, may be submitted electronically. Such claim may be submitted via an electronic form published on the internet or via email, provided that the submittal complies with all other applicable laws governing the submittal of such a claim, and must contain an electronic facsimile of the signature of the claimant or claimant's representative, where such signature is required by law.
SECTION 7.
Section 3.06.010 of the Pismo Beach Municipal Code is hereby revised to read as follows:
3.06.010 Claims in general.
Pursuant to the authority granted the city by Section 935 of the California Government Code, all claims against the city for money or damages which are excepted from the claims presentation requirement of Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code (to wit, those claims enumerated in Section 905 of the California Government Code), and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this chapter.
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SECTION 8.
Section 3.06.035 Class Actions of the Pismo Beach Municipal Code is hereby repealed.
SECTION 9.
The first paragraph of Section 3.08.030 of the Pismo Beach Municipal Code is hereby revised to read as follows:
3.08.030 Purchasing officer—Duties.
There is created the position of purchasing officer. The purchasing officer shall be the city manager and/or designee. The purchasing officer has general supervision of the purchasing division. The duties of purchasing officer may be combined with those of any other office or position. The purchasing officer shall:
SECTION 10.
Section 3.08.070 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:
B. When the amount involved is less than a specific cost threshold defined in the city's purchasing policies as amended from time to time; or SECTION 11.
Section 3.08.080 of the Pismo Beach Municipal Code is hereby revised to read as follows:
A purchase of supplies and equipment may be made only by purchase order, except for purchases of less than a specific cost threshold defined in the city's purchasing policies as amended from time to time. A purchase order may not be issued until the purchasing officer first approves it.
SECTION 12.
Section 3.08.100 of the Pismo Beach Municipal Code is hereby revised to read as follows:
3.08.100 Formal contract procedure.
Except as provided in Section 3.08.070 or 3.08.115 of this chapter, the purchase of supplies and equipment of an estimated value greater than a specific cost threshold defined in the city's purchasing policies as amended from time to time shall be by written contract with the lowest responsible bidder after following this procedure:
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A. Notice Inviting Bids. The purchasing officer shall prepare a notice inviting bids. The notice shall include a general description of the article to be purchased, shall state where bid blanks and specifications may be secured, the time and place for opening bids and the security required, if any.
1. Published Notice. The notice inviting bids shall be published and/or posted at times and locations to be determined by the purchasing officer, in a manner meeting or exceeding minimum requirements under law.
2. Bidders' List. The purchasing officer shall also solicit sealed bids from responsible prospective suppliers, whose names are on the bidders' list or who have made written requests that their names be added to it.
B. Bidder's Security. When the purchasing officer considers it necessary, the purchasing officer shall prescribe bidder's security and a statement of the security shall be included in the notice of inviting bids. Each bidder is entitled to a return of the bid security. However, a successful bidder forfeits its bid security if the bidder refuses or fails to execute the contract within ten (10) days after the notice of award of contract is mailed. If the successful bidder fails or refuses to execute the contract, the council may award it to the next lowest responsible bidder or readvertise. If the council awards the contract to the next lowest bidder, the city shall apply the amount of the lowest bidder's security to the contract price difference between the lowest bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder. If the council rejects all bids and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.
C. Bid Opening Procedures. The purchasing officer shall determine the manner of bid submittal and the manner of bid opening, with said information provided in the public bid notice. The purchasing officer shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for as long as the records are retained in accordance with the city's records retention policies.
D. Rejection of Bids. In its discretion, the council may reject all bids presented and readvertise for bids.
E. Award of Contracts. The council shall award the contract to the lowest responsible bidder.
F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not Council Agenda 3-4-2025 12.13-35
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permit the delay of readvertising for bids, the council may accept the one it chooses or accept the lowest bid made after negotiation with the tie bidders at the time of the bid opening.
G. Performance Bonds. The council may require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the city.
SECTION 13.
Section 3.08.110 of the Pismo Beach Municipal Code is hereby revised to read as follows:
3.08.110 Open market procedure.
If the estimated value of the purchase of supplies or equipment is less than a specific cost threshold defined in the city's purchasing policies as amended from time to time, the purchasing officer may dispense with bidding procedure. If the estimated value of the purchase is above said threshold but below the threshold requiring city council approval, the purchasing officer shall make the purchase in the open market under the following procedure:
A. Minimum Number of Bids. The purchasing officer shall obtain at least three (3) bids and shall make the purchase from the lowest responsible bidder.
B. Notice Inviting Bids. The purchasing officer shall solicit bids by public notice published and/or posted at times and locations to be determined by the purchasing officer, in a manner meeting or exceeding minimum requirements under law, as well as any other means of solicitation deemed appropriate.
C. Written Bids. The purchasing officer shall determine the manner of bid submittal and the manner of bid opening, with said information provided in the public bid notice. The purchasing officer shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for as long as the records are retained in accordance with the city's records retention policies.
SECTION 14.
Section 3.08.115 of the Pismo Beach Municipal Code is hereby revised to read as follows:
Notwithstanding anything to the contrary in this chapter, in the event of an emergency declared by an appropriate authority as described in Chapter 2.32, Emergency Services of this Code, the city manager/director of emergency services is authorized to approve without solicitation of bids purchases, leases, or other Council Agenda 3-4-2025 12.113-36
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contracts for goods or services up to a value defined in the city's purchasing policies as amended from time to time.
SECTION 15.
Section 3.08.135 C. of the Pismo Beach Municipal Code is hereby revised to read as follows:
C. Notice Inviting Bids. When a public works construction project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be published and/or posted at times and locations to be determined by the purchasing officer, in a manner meeting or exceeding minimum requirements under law, and in a manner that guarantees transmittal to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection B. of this section, and to all construction trade journals as specified by the California Uniform Public Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the public works director; provided however:
1. If there is no list of qualified contractors maintained by the purchasing officer for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.
2. If the producer or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
SECTION 16.
Section 3.08.140, Violation — Penalty of the Pismo Beach Municipal Code is hereby repealed.
SECTION 17.
Section 5.04.340 of the Pismo Beach Municipal Code is hereby revised as follows:
5.04.340 License applications for amusement devices.
All applications for any occupational mechanical amusement device license required by this chapter shall be made in writing and upon such form as may be prescribed by the council. No such license as is referred to in this chapter shall be issued except upon order of the council. The council may limit the number of such Council Agenda 3-4-2025 12.113-37
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licenses issued to such number as in its judgment shall be for the best interests of the public peace, safety and welfare.
SECTION 18.
Chapter 5.16 of the Pismo Beach Municipal Code is hereby repealed and replaced by the following:
Chapter 5.16 CARD GAMES AND ROOMS
5.16.010 Definitions.
For the purposes of this chapter:
"Controlled game" shall have the same meaning as in Section 337j of the California Penal Code, as amended from time to time.
"Card room" means any building or structure, or any portion of a building or structure or any premises or place, wherein controlled games are conducted. The term "card room" is synonymous with the term "gambling establishment" as used in the Gambling Control Act (commencing at Section 19800 of the California Business and Professions Code).
5.16.020 Prohibition.
Controlled games and card rooms are prohibited throughout the city.
SECTION 19.
Section 5.22.050 C. of the Pismo Beach Municipal Code, relating to annual noticing for vacation rental permits, is hereby repealed, and subsequent subsections relettered accordingly.
SECTION 20.
Section 5.24.170 of the Pismo Beach Municipal Code is hereby revised to read as follows:
5.24.170 Fees and Penalties for false alarms.
A. After any false alarm caused by any malfunction of an alarm system, the permitholder for the system or other person responsible for maintaining the system shall cause the alarm system to be repaired so as to eliminate the cause of the malfunction before the system is reactivated.
B. Every holder of an alarm system for which a permit has been issued pursuant to this chapter, or where no such permit has been issued, the Council Agenda 3-4-2025 12.113-38
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owner, lessee, or other person responsible for maintaining the alarm system, shall be assessed a false alarm fee to reimburse the city for the cost of the police or fire department personnel and equipment deployed in response to a false alarm, in such amounts as established and amended from time to time by resolution of the city council.
C. False alarm fees are due and payable upon receipt of an invoice therefor from the city. Any such fee is delinquent if unpaid thirty (30) days after the date of the invoice. Any fee that becomes delinquent shall be subject to a monetary penalty as follows:
1. Thirty-one (31) days after the date of invoice, a penalty of ten percent (10%) of the fee shall be added, plus, commencing each month thereafter, an additional penalty of ten percent (10%) of the original fee shall be added, up to a maximum penalty amount not to exceed fifty percent (50%) of the original invoiced amount.
2. Failure to pay any invoice, with all accrued penalties, within ninety (90)days of the date of the invoice shall authorize the city to suspend or revoke the alarm permit subject to the procedures set forth in Section 5.24.200 of this Code and the appeal procedures set forth in Section 5.24.220 of this Code.
3. The city shall be authorized to utilize any and all legal means available to collect a past due invoice, including accrued penalties, and the same shall be deemed to be a debt on a written contract. In the event the city is required to institute any legal action to recover such costs, it shall be entitled to recover its reasonable attorney's fees and all other costs of collection.
D. After any false alarm in excess of six in any twelve (12) month period, the chief of police may notify the permitholder of the alarm system of the police department's intention to suspend future law enforcement responses to subsequent alarms at the property using the system until the holder has offered satisfactory evidence of proof of correction of the system and has paid all false alarm fees and penalties duly assessed under this section.
SECTION 21.
Sections 5.24.200 through 5.24.220 of the Pismo Beach Municipal Code are hereby revised to read as follows:
5.24.200 Procedures for suspension or revocation.
A. The police chief and/or the fire chief in the case of a suspension, revocation or disconnection under Section 5.24.170, Section 5.24.180 or Section Council Agenda 3-4-2025 12.13-39
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5.24.190 of this Code, shall serve the permittee with a written order of such decision, which shall state the reasons therefor. The order shall be effective immediately if personally served, or forty-eight hours after same has been deposited with the United States Postal Service.
B. Immediately upon such order becoming effective, neither the police department nor the fire department shall respond to any alarm from such suspended system, and the permittee shall discontinue the use of such system and cease all operations conducted under the authority of any permit issued pursuant to this chapter.
5.24.210 Revocation.
Any suspension under this chapter shall become a revocation after the order of suspension becomes effective unless the permittee files an appeal of the order of suspension in the manner set forth in Section 5.24.220 of this Code.
5.24.220 Appeal procedure.
Any person aggrieved by a decision with reference to the approval or denial of an application for a permit or renewal of such permit, the suspension or revocation of a permit, or the assessment of a false alarm fee or penalty shall have the right of appeal. An appeal must be submitted within fifteen (15) days after notice of the decision or order of suspension or within fifteen (15) days after the date of the invoice for a false alarm fee by filing with the finance office a letter of appeal briefly stating therein the basis for such appeal and where notice can be mailed to the appellant, together with a non-refundable filing and processing fee in a sum established by resolution of the city council.
SECTION 22.
Section 5.28.020 of the Pismo Beach Municipal Code is hereby revised to read as follows:
5.28.020 Definitions.
Unless the context otherwise requires, the following definitions apply in this chapter:
"Fixed place of business" means a fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruits or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.
"Itinerant vendor" means any person who sets up a temporary stand or place or uses a portable cart or motor vehicle as defined in the California Vehicle Code for Council Agenda 3-4-2025 12.113-40
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the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. Itinerant vendor does not include a merchant having a fixed place of business within the city, or his employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor. "Peddler" means any person who goes upon the premises of any property in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
"Person" means any person, firm, corporation, association, club, society, or other organization.
"Selling or sales"wherever these terms are used herein, "buying" and "purchasing" shall be deemed included.
"Solicitor" means any person who goes upon the premises of any property in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.
SECTION 23.
Section 5.28.060 of the Pismo Beach Municipal Code is hereby revised to read as follows:
5.28.060 Prohibited acts and restrictions.
A. Prohibited soliciting or peddling. No person may solicit or peddle in the city:
1. Without a required business license or exemption certificate if exempt pursuant to Section 5.28.040 of this Code.
2. On any street, sidewalk or parkway within the Pier Zone, as defined in Section 12.20.185 of this Code.
3. During the 6:00 p.m. one day and 8:00 a.m. the following day.
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B. It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether licensed or unlicensed, to enter upon any property in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a nonilluminated flat sign of not more than one square foot bearing the words "No Solicitors", or words of similar import.
SECTION 24.
Section 10.04.020 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:
B. In the exercise of the power to regulate and control traffic upon and the movement and standing of vehicles, bicycles, scooters, and any other device propelled by human power and/or mechanical power upon the streets of the city, the director of public works or designee is authorized to establish temporary no-parking zones for public and private construction projects, and close parking areas for construction purposes, and issue permits to do the same, whereby any of the above-listed devices will not be permitted to stand or park in such zones or places for specific periods of time. All such zones or places shall be plainly marked by paint and/or posted by signs establishing such prohibition.
SECTION 25.
Section 12.16.070 of the Pismo Beach Municipal Code is hereby revised to read as follows:
12.16.070 Use of city logo or name.
A. In conjunction with an approved special event permit, the city manager or designee may approve, by explicit written authorization, the use of city insignia, as defined in Section 1.06.020 of this Code, or the words "City of Pismo Beach," or any similar combination or facsimile thereof that reasonably would imply an official endorsement of the event by the city, in conjunction with the approved event.
B. Any authorized use of the city name, city logo, or other official city insignia in conjunction with a special event shall comply with any further permit conditions issued by city staff, and otherwise comply with the provisions of Chapter 1.06 of this Code, applicable policy resolutions adopted from time to time by the city council, and companion administrative policies adopted from time to time by the city manager. Unauthorized use of City Insignia is subject to prosecution under Sections 1.06.050 and 1.20.010 of this Code.
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SECTION 26.
Section 10.10.010 B. of the Pismo Beach Municipal Code is hereby revised to read as follows:
B. The director of public works or designee shall cause parking meters to be installed and maintained within the paid parking zone and provide signage indicating the time limits and rate of fees for parking within the paid parking zone as authorized by city council resolution.
SECTION 27.
Sections 12.32.010 through 12.32.020 of the Pismo Beach Municipal Code are hereby revised to read as follows:
12.32.010 Findings.
The council finds and declares the following: (1) the uncontrolled encroachment into the public right-of-way creates potential physical dangers to the traveling public and the numerous pedestrians who use the public rights-of-way in the city; and (2) limited, controlled encroachment and access into the public right-of-way should not be unreasonably or absolutely denied. The council concludes that reasonable accommodation can be satisfactorily achieved through this chapter of the city's municipal code which provides for special accommodations for encroachments into the right-of-way for any purpose deemed necessary or desirable and otherwise complying with state, city, and other applicable laws and regulations.
12.32.015 Definitions.
As used in this chapter:
"Director" means the public works director of the city of Pismo Beach, or designee. "Encroachment" includes any encroachment or excavation in, under, on, or over any road or other public place, including any highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right-of-way or any other public place in the city whether or not currently improved.
"Encroachment Agreement" means an agreement between the City and the property owner that is required for permanent structures in the public right-of-way, upon approval of the City Council and is recorded with the County Recorder's Office memorializing the encroachment and the property owner's responsibilities for the encroachment.
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"Encroachment Permit" means a permit allowing temporary work in, or use of, the public right-of-way by a third party.
"Newsracks" shall have the same meaning as set forth in Section 12.10.020. "Permanent structure" includes, but is not limited to the following: fences, walls, or other structures that are designed to remain in place for a long period of time. "Personal property" includes, but is not limited to the following: construction materials, trash dumpsters, portable toilets, furnishings, produce, merchandise, store boxes, store substances or materials, signs, or any other object or implement of any class, kind or character.
"Public right-of-way" means any road or other public place, including any highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right- of-way or any other public place in the city whether or not currently improved. "Retail food establishment" means any fixed facility in which food or drink is offered or prepared primarily for immediate consumption.
"Sidewalk cafe" means any group of tables and chairs, and its authorized decorative and accessory devices, situated and maintained in whole or in part on the public sidewalk or other rights-of-way for use in connection with the consumption of food and beverages sold to the public from or in an adjoining indoor retail food establishment.
12.32.020 Encroachment restrictions.
A. It is unlawful for any person to make any encroachment into the public right- of-way without first being issued an encroachment permit, as provided in this chapter.
B. No person shall leave, place or cause to be placed, any personal property upon any sidewalk, gutter, alley, or street within the city without first obtaining an encroachment permit authorizing the same. This section shall not be construed to prohibit parking of bicycles and vehicles where otherwise allowed.
C. No person shall construct any permanent structures upon any public sidewalk, gutter, alley, or street within the city without first obtaining an encroachment permit and preparation and filing of an encroachment agreement authorizing the same.
Council Agenda 3-4-2025 123-44
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SECTION 28.
Sections 12.32.030 B. through 12.32.030 D. of the Pismo Beach Municipal Code are hereby revised to read as follows:
B. Approval/conditional approval. Upon receiving an application to encroach upon the public right-of-way, the director shall either issue, conditionally issue, or deny it. If the application is approved, or conditionally approved, the director shall cause the deposit, if any, to be paid into the city treasury and/or such surety bond, if any, to be deposited with the finance director, and shall issue a written permit authorizing the encroachment. The permit shall include all of the conditions required by this code and any conditions set by the director. In the event that application is denied, any deposit made or bond submitted in connection therewith shall be forthwith returned to the applicant. If the application is for a permanent structure and is approved, or conditionally approved, the preparation and filing of an encroachment agreement shall be completed prior to the encroachment.
C. Fee. A fee for encroachment permits may be established by resolution of the city council and shall be paid to the city at the time of application for issuance or renewal of any encroachment permit. Public utility companies operating under franchise agreement with the city may pay annually for permit fees or provide a deposit in advance of the estimated volume of permit applications subject to an agreement approved by the director.
D. Length of time valid. Encroachment permits shall be issued for a specific length of time, which shall not exceed a reasonable time necessary as determined by the director. In the absence of any prior agreement to the contrary, no cause shall be necessary to be shown or proven for the city council to modify, revise, or revoke any encroachment permit or deny an original or renewal request.
SECTION 29.
Sections 12.32.120 through 12.32.130 of the Pismo Beach Municipal Code are hereby revised to read as follows:
12.32.120 Permittee's liability.
Each permittee is solely responsible for any damage or liability occurring by reason of anything done or omitted to be done by the permittee or permittee's agent, employee, servant, or subcontractor; and each permittee shall indemnify and hold harmless the city, its officers, agents, employees, or servants from any and all loss and liability, including cost of defense and attorney fees, resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter. The permittee shall maintain Council Agenda 3-4-2025 12.113-45
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an insurance policy, naming the city as additionally insured and in an amount as established by the city. The insurance policy shall state that the carrier shall notify the city thirty (30) days prior to canceling the policy for any reason. Encroachments built to approved city standards shall not require insurance coverage following satisfactory completion of the improvement as determined by the director and acceptance by the city, with the exception of permanent encroachments. Insurance for minor construction encroachments and other encroachments may be waived by the director.
12.32.130 Special encroachment concerns.
A. Any encroachment which will limit the amount of sidewalk available for pedestrians shall further be reviewed to meet concerns for pedestrian safety and to ensure adequate area for pedestrian passage. In residential areas a minimum of four (4) feet of sidewalk shall be clear for pedestrian passage unless waived by the director. In areas with sidewalks subject to high pedestrian activity as determined by the director, the width of the sidewalk which may be blocked by an encroachment shall be as determined by the director.
B. Encroachments shall not be physically in contact with street furniture or street trees.
C. Encroachments shall not restrict pedestrian access to parked vehicles, to buses in bus loading zones, or to access points of abutting property.
D. Encroachments shall not be allowed which in the opinion of the director constitute a hazard to vehicles or pedestrians.
E. All encroachments which provide a public service such as vending machines shall have plainly posted on their face the name and phone number of the party responsible for maintenance and operation. Newsracks that encroach upon public property shall comply with Chapter 12.10 of this Code.
SECTION 30.
Section 12.32.150 of the Pismo Beach Municipal Code is hereby revised to read as follows:
12.32.150 Newsracks.
A. The director may approve issuance of an encroachment permit for newsracks permitted pursuant to Chapter 12.10 of this Code.
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B. Placement of newsracks on the Pier and on lateral piers, boardwalks, and promenades along the beach where access for pedestrians and emergency vehicles is limited to the termini of these structures or to limited-access stairs to the beach and where there is unsheltered exposure to wind and weather constitutes an unreasonable interference to the flow of pedestrians and emergency response vehicles, constituting a significant risk to the health and safety of the public. Placement of newsracks on the Pier and on lateral piers, boardwalks and promenades along the beach is, therefore, prohibited.
SECTION 31.
Sections 12.36.020 through 12.36.040 of the Pismo Beach Municipal Code are hereby revised to read as follows:
12.36.020 Definitions.
The following definitions are applicable within this chapter:
"Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other city-owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the city for public use.
"Excavate" or "excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Chapter 12.32 of this Code. "Public works director" means the public works director or designee. "Permit" means written authorization from the public works director to excavate, encroach upon, or obstruct a public right-of-way.
"Roadway" means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the city for vehicular, pedestrian, or equestrian travel. "Completion date" means the date the notice of completion was adopted by the city council for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements for a private development, this date shall be the date the notice of completion for the development was adopted by the city council; for public improvements for which a notice of completion was not adopted by the city council, this date shall be the actual date of completion of the work. For roadway resurfacing projects spanning more than Council Agenda 3-4-2025 12.113-47
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one calendar year, this date shall be the actual date that work was completed for the entirety of a given roadway, as determined by the public works director.
12.36.030 Moratorium, exceptions.
A. Except as set forth in subsection B. of this section or Section 12.36.040 of this Code, permission to excavate in roadways shall not be granted for five (5) years after the completion date of roadway construction or maintenance, including but not limited to an overlay, chip seal, slurry seal coatings, micro paving, or other maintenance of the roadway surface. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced roadways.
B. Exceptions to the above moratorium in the form of an excavation waiver as described in Section 12.36.040 of this Code may be permitted in the following situations at the discretion of the public works director:
1. Emergencies which endanger life, property or public health and safety.
2. Interruption of essential utility service.
3. Work that is mandated by city, state, or federal legislation.
4. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.
5. Other situations deemed by the public works director to be in the best interest of the general public.
12.36.040 Excavation waiver.
A. To excavate within a roadway within five (5) years of the completion date, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the public works director. The request must include:
1. The location of the excavation.
2. Description of the work to be performed.
3. A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced.
4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.
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5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.
B. In the event the waiver is granted under subsection A., any excavation in the roadway shall be repaired with full-lane paving on the street as follows:
1. Overlaid or reconstructed roadway: All lanes that are affected shall be ground down one-and-a-half (1.5) inches and paved with one- and-a-half (1.5) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the public works director.
Some roadways may require rubberized asphalt or other materials.
2. Slurry sealed, chip sealed, or micro-surfaced streets: All lanes that are affected shall be resurfaced to the satisfaction of the public works director with a treatment similar to what was previously utilized.
3. For trenches perpendicular to the curb face, the trench shall be resurfaced for the entire trench width plus ten (10) feet on each side of the trench (i.e. twenty (20) feet plus the width of the trench) along the entire length of the impacted lane or lanes. For trenches parallel to the curb face, the entire lane shall be resurfaced along the entire length of the trench plus ten (10) feet on each end (i.e. twenty (20) feet plus the length of the trench).
4. Exception: Full-lane width restoration shall not be required during a curb and gutter restoration in which the city has exempted the contractor from removing and replacing the required eighteen (18) inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt.
C. Exceptions to Subsection B. may be permitted at the discretion of the public works director to repair existing utilities, not associated with a construction project in the following cases:
1. Emergencies which endanger life, property or public health and safety.
2. Interruption of essential utility service.
3. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.
4. Other situations deemed by the public works director to be in the best interest of the general public.
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SECTION 32.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 33.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 34.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 35.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 4th day of March, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this t" day of 2025, on motion of Council Member seconded by Council Member and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2025-XXX, titled AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA IMPLEMENTING
VARIOUS CHANGES TO THE CITY OF PISMO BEACH MUNICIPAL CODE, INCLUDING CHAPTERS 1.24, 2.04, 3.06, 3.08, 5.16, 5.22, 5.24, 5.28. 12.16, 12.32, and
12.36, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this t" day of 2025. Witness my hand and official seal.
Erica Inderlied, City Clerk
Council Agenda 3-4-2025 12.13-51