Seal Beach City Council
December 12, 2022

The model codes (or “uniform codes”) the City of Seal Beach (City) adopts for Building, Residential, Electrical, Mechanical and Plumbing Codes are periodically published in new and updated editions. The California Building Standards Commission (CBSC) adopts and amends each of these Codes to create the California Building, Residential, Fire, Electrical, Mechanical, and Plumbing Codes.

California cities may, and generally do, adopt these model codes as the official building codes. State law sets the process for adopting these model codes with local amendments, if necessary. This helps California builders and the public to know that the rules for construction are relatively stable across the State. The 2022 California Codes were published on July 1, 2022 and will become effective on January 1, 2023. The City must have the codes adopted and in effect by that date.

California’s model building codes are published by the following three entities:
▪ International Code Council (ICC) publishes Parts 1, 2 (includes 8 and 10),

2.5, 6, 9, 11 and 12 of Title 24, the Administrative, Building with Historical and Existing Buildings, Residential, Energy, Fire, Green and Referenced Standards Codes.
▪ International Association of Plumbing and Mechanical Officials (IAPMO) publish Parts 4 and 5 of Title 24, the California Mechanical and Plumbing Codes.
▪ BNi Building News publishes Part 3 of Title 24, the California Electrical Code.

California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code, is a compilation of three types of building criteria from three different origins:
▪ Building standards that have been adopted by State agencies without change from building standards contained in national model codes; ▪ Building standards that have been adopted and adapted from the national model code standards to meet California conditions; and ▪ Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.

The national model code standards adopted into Title 24 apply to all occupancies in California except for modifications adopted by State agencies and local governing bodies. California Building Standards Law refers to the portion of State law within Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901. The provisions of Part 2.5 govern the work of the California Building Standards Commission, and how the building standards are to be adopted and published. It also mandates that California Building Standards Code, in Title 24 of the California Code of Regulations, applies to all building occupancies throughout the state.

While State law requires local governments enforce Title 24 of the California Code of Regulations as local standards, the law also allows local government to enact

local requirements, often called local amendments, to Title 24. These local amendments must be based on specified local climatic, geological, or topographical conditions. When a local jurisdiction enacts local amendments, a copy of the local amendment along with an express finding that such amendment(s) is reasonably necessary because of local climatic, geological, or topographical conditions, must be filed with the California Building Standards Commission. Local amendments may only be more restrictive than the State codes. Jurisdictions can also establish their own administration of the codes as a local amendment. No local amendment is enforceable unless filed with the California Building Standards Commission and cannot be enforceable earlier than January 1, 2023.

Only a handful of local amendments to State codes are made by this attached Ordinance for the City. Administrative provisions have been deleted, as the City’s Municipal Code has established administrative provisions. Amendments to the Fire Code were made in consultation with the Orange County Fire Authority, and instead of adopting the Building Code related to fire sprinklers, the City is instead adopting the Fire Code related to fire sprinklers and fire hazards. A residential code amendment is also included, stating that due to the seismic zone, the City will require a licensed architect or engineer to prepare plans for dwellings of wood construction of two or more stories. Proposed findings in support of these local amendments are set out in Attachment A, Local Amendment Findings, to proposed Ordinance 1700.

ENVIRONMENTAL IMPACT:

Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15060(c)(2) of the State CEQA Guidelines.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council:

1. Read by title only for the 2nd reading Ordinance 1700, amending the Seal Beach Municipal Code Chapter 9.60 by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes adopted by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing Code and Part 9 California Fire Code with Certain Amendments, Additions and Deletions Thereto pursuant to Local Findings; and,

2. Conduct a public hearing; and,

3. Adopt Ordinance 1700.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Ordinance 1700
ORDINANCE 1700

AN ORDINANCE OF THE CITY OF SEAL BEACH CITY

COUNCIL AMENDING THE CITY OF SEAL BEACH MUNICIPAL
CODE BY MODIFYING TITLE 9 CHAPTER 9.60 BUILDING CODE
THEREOF AND ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE,
2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA
PLUMBING CODE, 2022 CALIFORNIA FIRE CODE WITH

CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS

THERETO PURSUANT TO LOCAL FINDINGS
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. Findings.

A. California law requires that on January 1, 2023, all portions of the 2023 California Code of Regulations Title 24 will be effective within the City: and, B. Pursuant to California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5, the City may amend the provisions of the California Code of Regulations Title 24 provided express findings for each amendment, addition or deletion is made based upon express findings that such changes are reasonably necessary because of local climatic, topographical or geological conditions.

C. The City shall file the amendments, additions or deletions shall be filed with California Building Standards Commission.

D. The City of Seal Beach is located in a densely populated coastal area in the northwest portion of Orange that is more prone to high winds, earthquakes, and fire, more difficult for firefighters to access than many other areas in California.

E. The Building Official has recommended modifying certain Parts of California Code of Regulations Title 24 due to local conditions in the City of Seal Beach.

F. The findings supporting the necessity for the amendments to building standards herein are contained in Attachment A to this ordinance in accordance with California Health and Safety Code Section 18941.5 and such findings are adopted and incorporated by reference herein.

G. The City held a public hearing on November 14, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter adopting the Codes, as amended.

H. The City published notice of the aforementioned hearing pursuant to California Government Code Section 6066 on October 27, 2022 and November 3, 2022.

I. In accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code, and amending the Seal Beach Municipal Code, are exempt from the provisions of the California Environmental Quality Act.

J. Any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

Section 2. The purpose of this ordinance is to adopt by reference and amend the California Code of Regulations, Title 24, Part 2 California Building Code, Part 2.5 California Residential Code, Part 3 California Electrical Code, Part 4 California Mechanical Code, Part 5 California Plumbing code and Part 9 California Fire Code. Therefore, the Seal Beach Municipal Code is hereby amended by repealing Section 9.60.020 California Codes Adopted by Reference and Amended and substituting with new Section 9.60.020 California Codes Adopted by Reference and Amended all to read as follows:

CHAPTER 9.60 BUILDING CODE

9.60.020 CALIFORNIA CODES ADOPTED BY REFERENCE AND AMENDED

9.60.020.010 BUILDING CODE ADOPTED BY REFERENCE AND AMENDED

9.60.020.010.10 CALIFORNIA BUILDING CODE ADOPTED BY REFERENCE Chapter 1 through 35 and Appendices F, I, J and P of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section

9.60.020.010.20 of this Code are hereby repealed, added or amended to read as set forth therein.

The administration of the Building Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Building Code, Title 24 Part 2 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Building Code and may be cited as Section

9.60.020.010 of the Seal Beach Municipal Code.

9.60.020.010.20 CALIFORNIA BUILDING CODE AMENDED
Chapter 1, 9, and 18 of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations adopted by reference as the Building Code of the City of Seal Beach, are hereby amended, deleted or added as follows:
1- Chapter 1 Division II is deleted in its entirety.
2- Chapter 9 is amended in its entirety to read:

Chapter 9 FIRE PROTECTION SYSTEMS. Chapter 9 of Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by City of Seal Beach Municipal Code Section 9.60.020.060.10 and

9.60.020.060.20

9.60.020.020 RESIDENTIAL CODE ADOPTED BY REFERENCE AND AMENDED

9.60.020.020.10 CALIFORNIA RESIDENTIAL CODE ADOPTED BY REFERENCE Chapters 2 through 10, Chapter 44 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations, and Appendix J of 2022 California Building Code, Title 24 Part 2 of California Code of Regulations as published by the California Building Standards Commission, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section

9.60.020.020.20 of this Code are hereby repealed, added or amended to read as set forth therein.

The administration of the Residential Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Residential Code and may be cited as Section 9.60.020.020 of the Seal Beach Municipal Code.

9.60.020.020.20 CALIFORNIA RESIDENTIAL CODE AMENDED
Chapter 3 of 2022 California Residential Code, Title 24 Part 2.5 of California Code of Regulations adopted by reference as the Residential Code of the City of Seal Beach, are hereby amended, deleted or added as follows:

1. Section R301.1.1.3.2 is amended in its entirety to read:

R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.

2. Section R313 Automatic Fire Sprinkler System is amended in its entirety to read:

R313 Automatic Fire Sprinkler System. Section 903 of the Chapter 9 of Seal Beach Fire Code (Title 9 Chapter 9.60 Section 9.60.020.060 Fire Code) is adopted by reference to be the section R313 of the Residential Code.

9.60.020.030 ELECTRICAL CODE ADOPTED BY REFERENCE

9.60.020.030 CALIFORNIA ELECTRICAL CODE ADOPTED BY REFERENCE

89.102 through 89.114 of Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I and J of 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

The administration of the Electrical Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Electrical Code and may be cited as Section

9.60.020.030 of the Seal Beach Municipal Code.

9.60.020.040 MECHANICAL CODE ADOPTED BY REFERENCE

9.60.020.040 CALIFORNIA MECHANICAL CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices B, C and D of 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

The administration of the Mechanical Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Mechanical Code and may be cited as Section 9.60.020.040 of the Seal Beach Municipal Code.

9.60.020.050 PLUMBING CODE ADOPTED BY REFERENCE

9.60.020.050 CALIFORNIA PLUMBING CODE ADOPTED BY REFERENCE Division I Sections 1.2.0 through 1.14.0 of Chapter 1, Chapters 2 through 17 and Appendices A, B, D, H, I and J of 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

The administration of the Plumbing Code shall be as set forth in Section 9.60.010 of this Code.

Not less than one copy of said 2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Plumbing Code and may be cited as Section

9.60.020.050 of the Seal Beach Municipal Code.

9.60.020.060 FIRE CODE ADOPTED BY REFERENCE AND AMENDED

9.60.020.060.10 CALIFORNIA FIRE CODE ADOPTED BY REFERENCE Chapters 1 Division I and Division II, Chapters 2 through 80 and Appendices B, BB, C, and CC of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations, as published by the California Building Standards Commission are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code of the State of California as though fully set forth herein, and made a part of the Seal Beach Municipal Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein except that those certain sections thereof which are necessary to meet local conditions as hereinafter set forth in Section 9.60.020.060.20 of this Code are hereby repealed, added or amended to read as set forth therein.

Not less than one copy of said 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations together with any and all amendments thereto proposed by the City of Seal Beach, has been and is now filed in the office of the Community Development Department and shall be remain on file with Building Official, and shall collectively be known as the City of Seal Beach Fire Code and may be cited as Section 9.60.020.060 of the Seal Beach Municipal Code.

9.60.020.060.20 CALIFORNIA FIRE CODE MODIFIED
Chapter 1, 2, 3, 4, 5, 9, 12, 28, 49, 50, 56, 57, 58 and 80 of 2022 California Fire Code, Title 24 Part 9 of California Code of Regulations adopted by reference as the Fire Code of the City of Seal Beach, are hereby amended, deleted or added as follows:

1. Division II Section 101.1 is amended in its entirety to read:
101.1 Title. These regulations shall be knowns the Fire Code of City of Seal Beach hereinafter referred to as “this code.”

2. Division II Section 112.4 is amended to read:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

3. A new Division II Section 112.4.2 is added to read:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

4. Section 202 is amended to add the following definitions; OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter

28. 5. Section 304.1.2 is amended in its entirety to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C-05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”

6. A new Section 305.6 is added to read:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

7. A new Section 305.7 is added to read:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

8. A new Section 307.6 added to read:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

9. A new Section 307.6.1 added to read:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.

Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

10. A new Section 307.6.2 added to read:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

11. A new Section 307.6.2.1 added to read:
307.6.2.1 Where prohibited.

The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

12. A new Section 324 added to read:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

13. A new Section 325 added to read:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

14. A new Section 326 added to read:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

15. A new Section 327 added to read:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

16. A new Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames added to read:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forestor brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediate in case of fire.

17. A new Section 327.2 added to read:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

18. Section 407.5 is amended in its entirety to read:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Packet in accordance with Section 5001.5.2.

19. Section 501.1 is amended in its entirety to read:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”

20. Section 510.1 is amended in its entirety to read:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent than this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

21. Section 903.2 is amended in its entirety to read:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.

Exception: Existing Group R-3 occupancies shall comply with Section 903.2.8 (2).

22. Section 903.2.8 is amended in its entirety to read:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings, including attached garages.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. All existing Group R occupancies and U-1 garages when the total area is increased by 750 square feet or more.
b. An automatic sprinkler system shall be installed throughout any existing Group R Occupancy building when the floor area of the Alteration or Combination of an Addition and Alteration, is 50% or more of area/value of the existing structure and where the scope of the work exposes building framing and facilitates sprinkler installation and is such that the Building/Fire Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building. c. Any addition to an existing building which has fire sprinklers installed.

When not used in accordance with Section 504.2 or 506.3 an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

23. A new Section 903.3.5.3 is added to read:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3.

24. Section 2801.2 is amended in its entirety to read:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

25. Section 2808.2 is amended in its entirety to read:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.

26. Section 2808.3 is amended in its entirety to read:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

27. Section 2808.4 is amended in its entirety to read:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

28. Section 2808.7 is amended in its entirety to read:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

29. Section 2808.9 is amended in its entirety to read:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

30. A new Section 2808.11 is added to read:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

31. A new Section 2808.12 is added to read:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

32. A new Section 2808.13 is added to read:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

33. A new Section 2808.14 is added to read:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

34. A new Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.

35. A new Section 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with pushout areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

36. A new Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C 05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

37. Section 5001.5.2 is amended in its entirety to read:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include Orange County Fire Authority’s Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information:

1. Product Name.

2. Component.

3. Chemical Abstract Service (CAS) number.

4. Location where stored or used.

5. Container size.

6. Hazard classification.

7. Amount in storage.

8. Amount in use-closed systems.

9. Amount in use-open systems.

38. A new Section 5003.1.1.1 is added to read:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

39. A new Section 5608.2 is added to read:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

40. A new Section 5608.3 is added to read:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

41. NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems Section is amended in its entirety to read:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quickresponse type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

42. NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is amended in its entirety to read:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

43. NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

44. NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is amended as follows :

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby deleted and replaced as follows

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

9.60.020.070 EFFECT OF ADOPTION
The adoption of the City Building, Residential, Electrical, Mechanical, Plumbing, Fire Code and the repeal, addition or amendment of ordinances by this code shall not affect the following matters:
(A) Actions and proceedings which began the effective date of this code. (B) Prosecution for ordinance violations committed before the effective date of this code. (C) Licenses and penalties due and unpaid at the effective date of this code, and the collection of these licenses and penalties.
(D) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance.
(E) Matters of record which refer to or are connected with ordinances the substances of which are included in this code; these references shall be construed to apply to the corresponding provisions of the code.

9.60.020.080 PENALTY; VIOLATIONS
(A) General penalty; continuing violations. Every act prohibited or declared unlawful and every failure to perform an act required by this code is a misdemeanor or an infraction as set forth in the said respective pertinent sections of this code and any person causing or permitting a violation of any such section of said code shall be subject to the penalties ascribed to each such section as set forth herein.
(B) Violations including aiding, abetting, and concealing. Every person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating this code. (C) Enforcement by civil action. In addition to the penalties provided herein, the said code may be enforced by civil action. Any condition existing in violation of this code is a public nuisance and may be summarily abated by the city.

Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally.

Section 4. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Seal Beach Municipal Code, these provisions will be construed as continuations of those provisions and not as amendments of the earlier provisions.

Section 5. Intent to Comply with Laws. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance will be construed in light of that intent.

Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

Section 8. Effective Date. This Ordinance will take effect on January 1st, 2023.

INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 24th day of October, 2022.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November, 2022.

AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Joe Kalmick, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Craig A. Steele, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 24th day of October, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the 14th day of November, 2022. ___________________________
Gloria D. Harper, City Clerk

ATTACHMENT A

LOCAL AMENDMENT FINDINGS

CALIFORNIA FIRE CODE

LOCAL AMENDMENT FINDINGS
I. Climatic Conditions
A. Orange County is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger.

This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene.

B. The climate alternates between extended periods of drought and brief flooding conditions.

Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.

Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions
A. Natural; slopes of 15 percent or greater generally occur throughout the foothills of Orange County. The elevation change caused by the hills creates the geological foundation on which communities with Orange County is built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and with greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic onsite fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the NewportInglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable.

There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zones described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) resources available for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.
2019 California Fire Code
Amendment Findings Legend
CODE

SECTION
TITLE (Clarification) FINDINGS
112.4 Violation penalties Administrative
112.4.2 Infraction & Misdemeanor Administrative
202 General definitions Administrative
304.1.2 OCFA Vegetation Management I
305.6 Hazardous conditions I & II
305.7 Disposal of rubbish I & II
307 Open burning, recreational fires, fire pits, fire rings, and outdoor fireplaces
Administrative
307.6 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative 307.6.1 Gas-fueled devices I & II
307.6.2 Devices using wood or fuels other than natural gas or LPG I & II 307.6.2.1 Where prohibited I & II
308.1.6.3 Sky lanterns I & III
324 Fuel modification requirements for new construction I 325 Clearance of brush or vegetation growth from roadways I 326 Unusual circumstances Administrative
327 Use of equipment I
327.1 Use of equipment and devices generating heat, sparks or open flames
I
324.2 Spark arresters I
407.5 Hazardous material inventory statement I & II
501.1 Scope Administrative, I, II & III
510.1 Emergency responder radio coverage Administrative 903.2 Where required (Sprinklers) I, II & III
903.2.8 Group R (Sprinklers) I, II & III
903.3.5.3 Hydraulically calculated systems I & II
1205.2 Building Integrated PV System, Roof Ventilation Administrative 2801.2 Permit Administrative
2808.2 Storage site Administrative
2808.3 Size of piles I
2808.4 Pile separation I
2808.7 Pile fire protection I
2808.9 Material-handling equipment I
2808.11 Temperature control I
2808.11.1 Pile temperature control I
2808.11.2 New material temperature control I
2808.12 Water availability for piles I
2808.13 Tipping area I
2808.14 Emergency contact information Administrative
2808.15 Defining maximum separation contact Administrative 2808.16 Push-out area dentification Administrative
4903.3 OCFA Vegetation Management Guideline I
4906.3 New definition as stated in Chapter 49 I
5001.5.2 Hazardous materials inventory statement Administrative 5003.1.1.1 Extremely hazardous substances I & III
5608.2 Retail fireworks Administrative
5608.3 Application for permit Administrative
5801.1 Scope N/A
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply Systems) Administrative & III Agenda Item J

AGENDA STAFF REPORT
DATE: December 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Introduction and First Reading of Ordinance Amending Portions of Title 2 of the Seal Beach Municipal Code Regarding the Process for All Mailed-Ballot Municipal Elections and Required Campaign Reporting for the Municipal Run-Off
Elections
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council introduce, read by title only and waive further reading of Ordinance 1702, “An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City’s Mailed-Ballot Election Regulations with State Law and Provide for Pre-Election Campaign Reporting for Municipal Run-Off Elections.”
BACKGROUND AND ANALYSIS:

The City of Seal Beach General Municipal Election was held on November 8, 2022. Because no candidate received a majority of the vote in either Districts 3 or 5, a municipal run-off election will be held in January.

Pursuant to the City Charter and Municipal Code, run-off elections are conducted by mailed ballot. With the lack of outside election consultants, in recent years the City made the decision to have run-off elections conducted by the Orange County Registrar of Voters (“ROV”) rather than by the City Clerk. The ROV generally follows the State Elections Code processes regarding mailed ballot elections, which were updated in 2019 and 2020 to increase voter participation and deal with the realities of the pandemic election in 2020. After those updates in State law, Seal Beach’s Municipal Code provisions regarding mailed ballot elections are outdated to some extent and do not recognize that the ROV will conduct the run-off election.

On November 22, 2022 Registrar of Voters Bob Page wrote to the City Clerk to request clarification regarding the inconsistencies between the ROV’s normal procedures under State Law and some of the local provisions of Seal Beach Municipal Code Section 2.05.020. Staff and the City Attorney reviewed the areas where the ROV requested clarification and determined that the best course of action would be to update the Municipal Code to better align with State law and reduce any potential confusion.

The proposed changes in this ordinance, to be effective with the 2023 municipal run-off election are:

1. Clarify that the term “city clerk” also refers to the ROV when the ROV is designated to conduct a local election.

2. Clarify that the State law rules for distributing and returning mailed ballots in an all-mailed ballot election apply to the municipal run-off. Primarily, these changes will make it easier for a voter to return their ballots to the County ROV, to a ballot drop box outside the ROV’s office, or to the City Clerk’s office. The Municipal Code requirements that previously required the City Clerk to check the identification of persons returning mailed ballots in person, which are now inconsistent with State law, are being repealed.

3. Clarify that ballots returned by mail postmarked by January 31, 2023 (and thus timely voted) will be counted if they are received by the ROV by February 3, 2023, as required by State law. Ballots returned in person must be turned in no later than 8:00 pm on Election Day, January 31, 2023.

4. Clarify that the ROV can begin to process returned voted ballots 29 days before the election, as permitted by State law. The Municipal Code previously allowed processing to begin only 7 days before the election.

These clarifications will improve the administration of all mailed ballot election. In addition, it was noted that the Municipal Code does not currently clearly require pre-election campaign finance reports prior to the municipal runoff election. This ordinance adds a requirement for two reports prior to the runoff election, similar to the regular election, and meets the schedule suggested by the FPPC.

As an ordinance relating to an election, this ordinance takes effect immediately upon second reading and adoption pursuant to City Charter Section 416.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

The City Attorney prepared the ordinance and assisted with the preparation of the staff report.

FINANCIAL IMPACT:

Costs for administration of this ordinance will be negligible.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council introduce, read by title only and waive further reading of Ordinance 1702, “An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code to Properly Align the City’s Mailed-Ballot Election Regulations with State Law and Provide for Pre-Election Campaign Reporting for Municipal Run-Off Elections.”
SUBMITTED BY:

Gloria D. Harper
Gloria D. Harper, City Clerk
NOTED AND APPROVED:

Jill R. Ingram
Jill R. Ingram, City Manager
ATTACHMENTS:

A. Ordinance 1702
ORDINANCE 1702

AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO BETTER ALIGN THE CITY’S MAILEDBALLOT ELECTION REGULATIONS WITH STATE LAW AND PROVIDE FOR PRE-ELECTION CAMPAIGN REPORTING FOR MUNICIPAL RUNOFF ELECTIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Section 2.05.020(A) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“A. Pursuant to Section 507 of the Seal Beach Official Charter, the city council hereby authorizes, provides for and mandates the conduct of all-mailed ballot elections for general municipal elections, municipal run-off elections, and special elections, including any election to authorize the issuance of general obligation bonds. Such mailed ballot elections shall be conducted in accordance with the applicable provisions of Chapter 1 of Division 3 (commencing with Section 3000) and Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code, except as otherwise provided in this Section 2.05.020. If designated by the city council by resolution to conduct a City election, the term “city clerk” as used in this section shall mean the Orange County Registrar of Voters.”
Section 2. Section 2.05.020(B) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“ B. Election Code Sections 3001 through 3008, 3013, 3015, 3016, through 3017, and 3020 through 3022 shall not be applicable to all-mailed ballot municipal run-off city elections conducted pursuant to this Section 2.05.020. Chapter 1 of Division 4 of the Elections Code (commencing with Section 4000) and Election Code Sections 4104 through 4108 shall not be applicable to the city elections conducted pursuant to this Section 2.05.020.”
Section 3. Section 2.05.020(D) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“D. Elections Code Section 3017 shall control the return of voted ballots in city elections conducted under this section. Any voter may personally timely return his or her ballot to the city clerk’s office, to any designated ballot drop-off site, or the voter may designate and authorize another person , in the voter’s own handwriting at the appropriate place on the outside of the ballot envelope, any adult person other than any candidate for any office in such election, to deliver the voter’s ballot to the city clerk’s office or to any designated drop-off site. The city clerk shall provide the appropriate form on the ballot envelope for the voter’s handwritten and signed designation and authorization. The person who delivers any other voter’s ballot to the city clerk’s office or to any designated drop-off site shall, at the time of such delivery, present sufficient photographic identification to prove that he or she is the person who has been expressly designated and authorized by the voter, and shall personally sign, in the presence of the city clerk or the city clerk’s representatives, a declaration under penalty of perjury relating to such designation, authorization, and delivery on a form furnished by the city clerk’s office”
Section 4. Section 2.05.020(K) of the Seal Beach Municipal Code is hereby amended to read as follows (in this ordinance, text added is underlined, text deleted is struckthrough):
“K. Ballots will be timely cast if postmarked by January 31, 2023 and received from the U.S. Postal Service by February 3, 2023 pursuant to Elections Code section 4103.

Any ballot received by the city clerk by mail at the city clerk’s office or to any designated drop-off site after 8:00 p.m. on election day shall not be accepted or counted; however, iIf at 8:00 p.m. on election day there are any voters inside city hall or any other designated ballot drop-off site who have not been able to deposit their official ballot envelope with the election officials there, the election officials shall continue to accept envelopes from such voters until all have had the opportunity to deliver their timely cast ballots.”
Section 5. Section 2.05.020(N) of the Seal Beach Municipal Code is hereby repealed.

Section 6. Section 2.10.020 is hereby added to the Seal Beach Municipal Code to read as follows:
“2.10.020 Additional Pre-Election Report for Municipal Run-Off Elections.

For municipal run-off elections, the City Clerk shall designate reporting periods and filing deadlines for first and second pre-election statements, in addition to any other filing requirements imposed by applicable law.”
Section 7. Effective Date. Pursuant to Section 416(b) of the City Charter, this ordinance relates to an election and shall take effect immediately upon its adoption by of the City Council.

Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance or a summary thereof to be published as required by law.

The City Clerk is further directed to widely publicize the adoption of this Ordinance and make candidates aware of its requirements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 12th day of December, 2022, by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
_____________________
Joe Kalmick, Mayor
ATTEST:
____________________________
Gloria D. Harper, City Clerk

APPROVED AS TO FORM
____________________________
Craig A. Steele, City Attorney
Agenda Item K

AGENDA STAFF REPORT
DATE: December 12, 2022
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Proposed Changes to the Temporary Parklet Program ________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7353, concluding the temporary parklet program.

BACKGROUND AND ANALYSIS:

As a part of the City of Seal Beach’s response to the pandemic, a temporary parklet program was established in June 2020. It was a time of extreme uncertainty, with an initial business lockdown followed by a series of partial closures, conditional openings, and other major logistical challenges. As outdoor dining was generally considered a safe option in the State’s reopening plans, and indoor dining occupancy limits were imposed, the temporary parklet program was designed to provide some stability to restaurants during the pandemic, allowing them to serve customers and hopefully remain in business.

The City’s temporary dining parklet program was implemented extremely quickly out of necessity to help support businesses during an unprecedented pandemic.

Records indicate that 28 food and beverage establishments opened up parklets when the program was initially launched. Most establishments converted parking spaces to dining areas, and most were located along Main Street. Since that time, parklet operation has fluctuated. As lockdown restrictions relaxed, some businesses eliminated their parklets. Operational permits for those remaining have been extended several times since inception. In April 2022, parklet owners became responsible for the costs associated with the rented K-rail barriers. It bears emphasis that every outdoor dining permit was expressly temporary, and contingent on the indoor occupancy limits being in effect. Those limits are no longer in effect. Every permit had an expiration date that has been extended up to this point, and every permittee signed the permits as accepting those, and other, conditions.

Assembly Bill 61, signed into law last year, extended pandemic-related business relief efforts, specifically allowing reductions in parking requirements to

accommodate outdoor dining through January 1, 2024. The Coastal Commission has acknowledged the legislation. However, beginning January 1, 2024, the City would need permission, in the form of a Coastal Development Permit (CDP), from the Coastal Commission to allow parklets to continue in parking spaces. One of the central principles of the Coastal Act is public access to the coastline, and parking is a key component of access. It would likely take the better part of a year to prepare a CDP application for Coastal Commission approval to permanently use parking spaces for parklets, and it is unlikely that the Commission would approve such a request.

At its September 12, 2022 meeting, the City Council directed staff to extend the existing temporary parklet program and present options for a revised program that would be in effect until January 1, 2024. As a result, the Council formed a Council Parklet Subcommittee, consisting of Mayor Kalmick and Mayor Pro Tem Varipapa.

On October 20, 2022, the Subcommittee met to gather public input and provide feedback on staff’s proposal. Staff’s proposal outlined a shift from the street-based parklets to raised platform parklets, which staff proposed be built and funded by the parklet owners. Parklets would need to be constructed to establish design standards for uniformity, safety, and visual appeal. Staff also proposed parklets be (a) limited to restaurants serving at least two meals per day, and (b) reduced in size based on the size of the restaurant frontage as well as defined buffer areas.

Staff further presented options for a monthly mitigation fee that parklet owners would pay for use of the parking spaces, with the mitigation fee specifically designated to support improvements for the Main Street area.

Public input on the parklets, including comments formally provided at public meetings as well as those informally received by staff over time have varied. Many parklet owners have actively expressed support for outdoor dining and believe the space is important to their continued success. While restrictions on indoor dining ended more than a year ago, many diners still prefer to eat outdoors, some for health and safety reasons, and others simply to enjoy the weather and ambiance of Main Street. Conversely, several non-restaurant businesses on Main Street believe the parklets continue to negatively impact their business by reducing available parking and blocking lines of sight to their storefronts. Others have stated they feel the parklets detract from the unique Main Street environment, and the intent of the temporary parklet program was to assist food and beverage establishments during an unprecedented pandemic, and not intended to remain on a permanent basis.

One of the most common concerns is the maintenance of the parklets, as some operators have continued to allow their parklet to fall into disrepair. City staff has spent a substantial amount of time working with parklet owners trying to gain compliance to improve the condition of their extended dining areas. Earlier this year, the Seal Beach Chamber of Commerce also offered paint for touching up or repainting of the grey barriers. Nevertheless, two and a half years of weathering, debris from trees, customer use, debris flow on the curb line within the parklets, and in many cases poor daily maintenance, has diminished the visual appeal of several parklets, and as a result, negatively impacting Main Street.

As a result, at this time, staff is recommending the temporary parklet program be terminated on January 31, 2023. This recommendation is being made in light of the following considerations. First, Main Street is an important community asset and the most heavily visited area in our community. The parklets continue to face opposition, particularly from other Main Street businesses. The new parklet program proposed by staff at the Subcommittee meeting may address some of the concerns experienced with the temporary program, however, other issues remain unresolved, especially ongoing non-compliance from parklet owners, and finding creative solutions will require additional time and, potentially, significant financial investment.

Second, due to the expiration of the provisions authorized under Assembly Bill 61, restaurants would be asked to make a substantial investment in a raised parklet structure with a limited guaranteed service life. Realistically, it would be March 2023 before construction of a platform parklet could begin, with an expected cost at a minimum of $15,000, and likely more to meet design standards, offering only a nine-month window of operation. While staff can apply for a Coastal Development Permit and request Coastal Commission approval of permanent parking reductions, the outcome is unknown and the timeline and process for Coastal Commission review can be extremely arduous. In addition, the Subcommittee indicated the proposed mitigation fee for use of the parking spaces would be important to the program, placing further cost upon operators in addition to the construction of the actual parklet. If the Council were to enact a mitigation fee at a per square foot retail market rate, a three-space parklet would cost approximately $2,000 per month, and it’s unlikely restaurants could afford the fee.

Finally, and unfortunately, the greatest obstacle is the investment of staff time into developing, operating, managing, and enforcing the program when the City Council has set priorities and the State has multiple mandates, both individually and collectively, that are time sensitive. The challenges facing the Community Development Department on behalf of the City have been discussed several times before. The Department has maintained the same staffing levels for decades, and those levels were meant to provide the core services of entitling and permitting development projects.

Code Enforcement was historically only one of many hats our one Neighborhood Services Officer wore, but code enforcement demands now warrant two full-time positions. And due to recent court cases, we expect to implement a short-term vacation rental program, which will require regular management and enforcement.

The Planning Division is staffed for current planning needs only, and there is not a planner available to take on advanced planning efforts beyond normal project submittals. Consideration of a permanent parklet program would be well-suited for an advanced planner. However, at this time, an advanced planner would already be tasked with the following time-sensitive mandates:
• Housing Element amendment
• Safety Element amendment

• Environmental Justice Element
• Zoning Code Update and associated Environmental Impact Report • Local Coastal Plan
• Drafting a Senate Bill 9 ordinance
• Revisions to the Accessory Dwelling Unit ordinance
• Creation of objective design standards, which are the only standards the City is allowed to apply to certain housing projects
• In addition, new legislation now requires we also update the Transportation and Open Space Elements among other things.

We can and do utilize the services of subject-matter experts as needed, but staff is always involved, engaged, leading, and managing these important efforts.

Despite the challenges outlined here, staff believes there is room for change on Main Street, potentially including limited permanent parklet dining. Restaurants are a key reason people visit any retail area, and Main Street is no exception. The parklets help to activate the streetscape and support the businesses that draw people to Main Street, which in turn support other businesses by attracting customers. Supporting businesses is an important role for every city; however, we must recognize the limitations that exist. Simply put, the City’s existing staffing cannot keep up with State mandates alone, which unfortunately means community projects such as the parklets suffer the consequences.

Therefore, staff is recommending the temporary parklet program be terminated.

However, as an alternative, staff would recommend the addition of two full-time staff members, an Associate Planner dedicated to advanced planning efforts, and a second Neighborhood Services Officer, to augment code enforcement and assist in developing compromises among the differing Main Street stakeholders.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item if the temporary parklet program is terminated. The addition of an Associate Planner and a Neighborhood Services Officer would require a General Fund allocation of $310,768.49 per fiscal year.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council adopt Resolution 7353, concluding the temporary parklet program.

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
ATTACHMENT:

A. Resolution 7353
RESOLUTION 7353

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL CANCELLING

THE TEMPORARY OUTDOOR DINING PERMIT PROGRAM
WHEREAS, in response to the Covid-19 global pandemic, the State of California declared a State of Emergency in March 2020, and in the following months adopted a number of provisions that provided certain relief to businesses, including expansion of outdoor business operations through suspension of local parking restrictions; and, WHEREAS, in June 2020, the City of Seal Beach (City) authorized outdoor dining in the public right-of-way through a temporary outdoor dining permit; and, WHEREAS, twenty-eight restaurants initially received outdoor dining permits and primarily utilized parking spaces in front of their business as dining areas; and, WHEREAS, all outdoor dining permits were expressly noted as being temporary, subject to expiration, and tied to the duration of indoor dining occupancy restrictions; and, WHEREAS, restrictions on business operations such as indoor dining occupancy ceased more than a year ago, and the State of California has resolved to end the Covid-19 State of Emergency on February 23, 2023; and,
WHEREAS, public parking in the Coastal Zone is, in part, regulated by the Coastal Commission, and most restaurants still utilizing street parking spaces to accommodate a temporary outdoor dining permit are within the Coastal Zone; and WHEREAS, beginning on January 1, 2024, the State action to suspend local parking requirements for the purposes of outdoor dining will cease to be effective.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

Section 1. Based on the recommendation of staff, the City Council hereby cancels the temporary outdoor dining permits, effective January 31, 2023.

Section 2. The Council hereby directs staff to facilitate restoration of parking spaces and removal of K-rail barriers following parklet closures.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of December, 2022 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Joe Kalmick, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7353 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 12th day of December, 2022.

Gloria D. Harper, City Clerk
1 Gloria Harper
From: Alexa Smittle
Sent: Tuesday, December 06, 2022 1:46 PM
To: Gloria Harper
Subject: FW: Save the Parklets
Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313

From: [email protected] <[email protected]>
Sent: Tuesday, December 6, 2022 1:25 PM
To: Jill Ingram <[email protected]>; Patrick Gallegos <[email protected]>; Megan Coats <[email protected]>; Alexa Smittle <[email protected]>; Mike Varipapa <[email protected]>
Subject: Save the Parklets
My dad moved to Seal Beach in 1963 and I was born and raised here. As long time residents, we would like to urge the City Council to take another look at keeping the parklets on Main Street. We believe the parklets enhance life in Seal Beach. We are fortunate enough to live in a place with AMAZING weather and it has been a pleasure to be able to enjoy our good fortune more often since the parklets were introduced. We feel the parklets add to the ambience downtown and make Main Street more enjoyable. The parklets provide space to sip a cup of coffee, enjoy a bite to eat, and to socialize. The parklets are community gathering places that create a more vibrant commercial district.

Please take the time to review the parklet issue and come up with a plan that will allow us to keep an amenity we feel has improved the quality of daily living in Seal Beach.

Thank you for your consideration.

Bert Lilly
Jeff Eggert
Sue Eggert
1 Gloria Harper
From: Patrick Gallegos
Sent: Sunday, December 11, 2022 10:08 AM
To: Gloria Harper
Subject: Fwd: Maintaining Parklet Program
Hi Gloria, FYI -
Patrick Gallegos
Assistant City Manager
City of Seal Beach
562-431-2527 ext 1308
Begin forwarded message:

From: carolina mireles <[email protected]>
Date: December 10, 2022 at 11:37:15 PM PST
To: Jill Ingram <[email protected]>
Cc: [email protected]
Subject: Maintaining Parklet Program

Dear to whom it may concern,
I am writing to you in hopes that you advocate to maintain the parklet program that is located on Main Street, Seal Beach.

The parklet program should continue since it creates a
welcoming and engaging environment for individuals. The parklet program was initially developed to allow restaurants to open their doors to the public, thus allowing individuals to dine outside.

The pandemic allowed for a new post-pandemic culture in where many individuals prefer to engage in outdoor activities and spend more time in their neighborhoods. During the
summers, Seal Beach is a tourist site where many come to the beach, restaurants, and small businesses. Thus allowing for an increase of foot traffic on Main Street since individuals are able to dine safely outside and then shop in the surrounding small business stores. As individuals sit on the parklet and enjoy their meal, they are able to enjoy the atmosphere, that Seal Beach 2 locals love, and are able to window shop in the stores next to the restaurants. After their meals, they are more likely to visit these surrounding shops and purchase an item or two.

During the rest of the year, locals are the main source of income for the restaurants and shops on Main Street. Many of our locals are in walking distance and typically bring their furry friends along. Outdoor seating allows for families and
individuals to bring their pet with them. With more and more individuals bringing their pets onto Main Street, it allows for the interaction with strangers due to their pets thus, creating interpersonal relationships with others. Additionally, many employees on Main Street have developed interpersonal
relationships with pet owners and their pet. These
relationships are what keep bringing locals back to Main Street.

Bubbles, the bull dog, has become an icon on Main Street & regularly visits the parklets. Many individuals passing by either pet Bubbles or talk to his owner, a wonderful example of strangers communicating positively.

Overall, the parklet program should be maintained since restaurant owners are going to maintain it financially. With that, the parklets allow for small businesses to gain more foot traffic, locals to interact and enjoy their neighborhood, and allow for pet owners to dine with their pets.

Thank you,
Carolina Mireles
(562) 505 - 5067

To Whom It May Concern:

Thank you Council Members, City Officials, and Community Members for taking to the time to read my letter. I sent a letter a few months ago to all City Council Members in support of the parklette program but I just wanted to take the time to reiterate my support.

First off to introduce myself, I am Elyse Avila Smith, the owner of Avila’s El Ranchito Mexican Restaurant that opened on Main Street in 2015. I am a Seal Beach Lions Club member and spend every Sunday on Main Street with my family walking around the shops and dining at various establishments.

The parklette program is something that I urge you to consider extending. I have so many customers that prefer to sit outside for health reasons, there is still a big fear of indoor dining amongst many of my customers, particularly my older ones. I, in fact, receive phone calls almost daily asking if we have outdoor seating available.

Further, I feel that Main Street, especially in the winter months appears so dark and unwelcoming, and I feel that lights from the parklettes make it so much more inviting. I receive so much positive feedback from our local diners it saddens me to think we would take such a successful program away.

That being said, I fully understand there need to be changes. I think creating a committee and putting together rules, regulations, and bylaws that establishments would need to follow to better upkeep the parklettes and keep them looking great would be a positive. I put over $8,000 into my parklette getting new tables, chairs, and décor at the beginning of summer and have been waiting so do another winter update until I heard what the future regulations would be. I think if we work together we can create a great look that would enhance Main Street and make it more appealing to everyone.

Again, I thank you for your time and ask that you reconsider your motion to end the parklette program. The parklette program is great for our city, our locals, and our businesses alike. I would ask that you extend it at the very least until our governor lifts our state of emergency mandate in 2024.

Thank you for you time,
Elyse Avila Smith
*also I apologize for not being there in person tonight I am home with a 4 month old baby and our three year old son.
1 Gloria Harper
From: Patrick Gallegos
Sent: Friday, December 09, 2022 2:38 PM
To: Gloria Harper
Subject: Fwd: Parkllets
Hi Gloria FYI -
Patrick Gallegos
Assistant City Manager
City of Seal Beach
562-431-2527 ext 1308
Begin forwarded message:

From: [email protected]
Date: December 9, 2022 at 2:17:38 PM PST
To: Jill Ingram <[email protected]>, Alexa Smittle <[email protected]>, Patrick Gallegos <[email protected]>, Megan Coats <[email protected]>, Joe Kalmick <[email protected]>, Mike Varipapa <[email protected]>, Mike Varipapa <[email protected]>, Thomas Moore <[email protected]>, Thomas Moore <[email protected]>, Schelly Sustarsic <[email protected]>
Cc: Lisa <[email protected]>
Subject: Parkllets

To whom it may concern,
In my years as a long tenured employee in the city of seal beach I’ve seen all sorts of struggles that the city has always found ways to overcome. But none more than what would hit us in 2020. The pandemic was hard on everyone especially small businesses, but throughout the struggle everyone found a way to persevere. The fact that the city allowed small restaurants a chance to thrive with a Parkllets was genius. Now it’s being discussed that they might not be permanent. Could be a step backwards, most locals customers that patronize the small town of seal beach seem to be big fans. They get a chance to choose their dining option. Yes parking is always been a small issue in town, but seems that most locals always walk and take in the beach town. Seal Beach is rare as one of the last towns that has a small town vibes. The outside dining only adds to that however, the biggest part of it is allowing the small restaurants to continue being part of the community. It’s something that can definitely be incorporated to the future of the community. Most restaurants have made every change and request that has been asked of them throughout the hard times. That if the city Seems to have something in mind it’s definitely worth a look.

We have heard from all neighbors, small businesses that shopping has increased by having people window shop from outside as they dine. So, with a concrete, well executed future plan, it seems like seal Beach can stay true to itself, yet move to the future.

Best,
Franky Gonzalez
Sent from my iPhone
1 Gloria Harper
From: Patrick Gallegos
Sent: Sunday, December 11, 2022 11:15 AM
To: Gloria Harper
Subject: Fwd: Parklets in Seal Beach
Attachments: image002.jpg; saveparklets.pdf
One more….

Patrick Gallegos
Assistant City Manager
City of Seal Beach
562-431-2527 ext 1308
Begin forwarded message:

From: Bogart's Coffee House <[email protected]>
Date: December 11, 2022 at 11:04:38 AM PST
To: Jill Ingram <[email protected]>, Patrick Gallegos <[email protected]>, Thomas Moore <[email protected]>, Megan Coats <[email protected]>, Alexa Smittle <[email protected]>, Joe Kalmick <[email protected]>, Schelly Sustarsic <[email protected]>, Mike Varipapa <[email protected]>, Sandra Massa-Lavitt <[email protected]> Subject: Parklets in Seal Beach

Dear Friends
As the topic of parklets is a hot one in the city, I wanted to send you a couple of the pages of the list of supporters who frequent Bogart’s Coffee House who would like to see the parklets remain.

As a business owner, during the challenging time over the past couple of years with lockdowns, and increasing costs along with supply chain shortages the Parklets have been a welcome addition to help sustain our business. We would love to be able to keep them as an ongoing enhancement to business in Seal Beach. We understand the desire to keep the charm of our small town, and would love to see the parklets in a uniform attractive and safe model, that adds to the charm here.

I understand the parking challenges (as I do not have any parking on our property, and rely on city parking spaces for our customers. Nevertheless, I am in total support of retaining the Parklet concept in some form. I hope you will consider my request along with the 42 names submitted on the petition in this email. Thank you.

Best regards,

JoAnn Adams, Owner
905 Ocean Ave.

Seal Beach, CA 90740
562-431-2226
2 1
Gloria Harper
From: Patrick Gallegos
Sent: Sunday, December 11, 2022 10:09 AM
To: Gloria Harper
Subject: Fwd: Save Seal Beach Parklets !
And another…
Patrick Gallegos
Assistant City Manager
City of Seal Beach
562-431-2527 ext 1308
Begin forwarded message:

From: Kady DeGuzman <[email protected]>
Date: December 9, 2022 at 9:57:06 PM PST
To: Alexa Smittle <[email protected]>, Jill Ingram <[email protected]>, Joe Kalmick <[email protected]>, Megan Coats <[email protected]>, Mike Varipapa <[email protected]>, Patrick Gallegos <[email protected]>, Sandra Massa-Lavitt <[email protected]>, Schelly Sustarsic <[email protected]>, Thomas Moore <[email protected]> Cc: [email protected]
Subject: Save Seal Beach Parklets !
To Whom it May Concern,
I have been an employee here on Main Street, Seal Beach for almost three and a half years but also a lifelong customer along with my family. We have always thought Main Street was such a unique, well-represented town. Now we all know what occurred with the unfortunate events of the 2020 pandemic. However the way that this city was so understanding and considerate of all the small businesses, allowing things such as outdoor dining for the restaurants really made a difference in the way the community came together to support one another while still getting to dine at their favorite Main Street spots. For small business restaurants to have the chance to keep their parklets permanently would be a huge benefit. Lots of people, including myself, love the thought of having the option of outdoor dining, say if I want to sit outside on a nice summer day or cozy by heaters on a winter night. Also, seeing that I have a dog who I walk on Main Street, I can confirm that people who have pets love the choice of dining with their furry friends instead of having to take them all the way home and come back. In conclusion, we believe that these parklets have deeply impacted our town for the better, benefiting not only the businesses and employees but also the residents and customers.

Sincerely,
Kady DeGuzman

1 Gloria Harper
From: Alexa Smittle
Sent: Wednesday, December 07, 2022 11:51 AM
To: Gloria Harper
Subject: FW: Save The Parklets
Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313

From: Kristina Hughes <[email protected]>
Sent: Wednesday, December 7, 2022 11:36 AM
To: Patrick Gallegos <[email protected]>
Subject: Save The Parklets
Dear Mr. Gallegos,
I hope this email finds you well. I’m writing to you in support of the Main Street parklets in Seal Beach. I was surprised to learn that the parklet program may end as early as January 2023.

My family, friends and I are all great supporters of the parklets mainly due to the opportunity to dine outdoors – al fresco style. Also, Seal Beach feels like it has been revived. It’s buzzing with locals and tourists who enjoy the fresh ocean air. Shops and restaurants are thriving, and families like mine with immunocompromised family members can enjoy a safer meal outdoors, in our own hometown.

It is heartbreaking to think about the businesses in our community, which will undoubtedly suffer due to employee lay-offs as well as small business closures due to the loss of revenue this will cause. Please consider that we are still in a pandemic and now a recession; both are equally difficult for small businesses to navigate with the added threat of the parklet closures.

I urge you to consider keeping the parklets open. Thank you for your time.

Best regards,
Kristina Hughes
1 Gloria Harper
From: Alexa Smittle
Sent: Thursday, December 01, 2022 1:15 PM
To: Gloria Harper
Subject: FW: patkletts
Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313

From: Leslie Carter <[email protected]>
Sent: Thursday, December 1, 2022 1:10 PM
To: Alexa Smittle <[email protected]>
Subject: patkletts
I would like to express my strong support for parkletts on Main Street It makes for a wonderful walking and dining experience in our town I do believe that to maintain the parkletts the restaurants need to invest in their structure and I agree that a modest payment should be applied (so that those that aren’t being used to back to being parking spaces Right now there are few parkletts actively used but those that are add to the attractiveness of Main Street Thank you
Leslie Carter
Bridgeport
Resident of Seal Beach since 2015
--
Leslie Carter
1 Gloria Harper
From: Alexa Smittle
Sent: Wednesday, December 07, 2022 11:48 AM
To: Gloria Harper
Subject: FW: Parklets
Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313

-----Original Message-----
From: Lisa Rudy <[email protected]>
Sent: Wednesday, December 7, 2022 11:33 AM
To: Joe Kalmick <[email protected]>; Mike Varipapa <[email protected]>; Thomas Moore <[email protected]>; Schelly Sustarsic <[email protected]> Cc: Jill Ingram <[email protected]>; Alexa Smittle <[email protected]>; Patrick Gallegos <[email protected]>; Megan Coats <[email protected]> Subject: Parklets
I am writing in strong support for the parklets on Main Street. The parklets have improved the environment of Main Street dramatically. It is so wonderful to walk around seeing people out and about, talking and laughing while they dine. This positive, friendly atmosphere attracts more people and families to Main Street even if they aren’t going to eat at a restaurant. This increases foot traffic and presumably sales for other Main Street businesses.

If you take away the parklets, you will be harming local restaurants who served our community so admirably during the pandemic. These businesses have struggled to stay open during Governor Newsom’s draconian Covid measures and in the face of a generally tough climate for small businesses. Closing the parklets will be the final straw for many of these restaurants and they will be forced to close their doors. Closed restaurants on Main Street will harm all other businesses and shops on Main Street more than the parklets ever would.

Please do not take our beloved parklets away.

Thank you,
Lisa Rudy
1 Gloria Harper
From: Lisa <[email protected]>
Sent: Monday, December 12, 2022 8:19 AM
To: Joe Kalmick; Thomas Moore; Schelly Sustarsic; Sandra Massa-Lavitt; Alexa Smittle; Gloria Harper; Jill Ingram; Mike Varipapa Subject: no to permanent parklets
Please make this email public record.

Hello my name is Lisa Woodruff. I am a hair salon owner, and property owner on Main st.

I've written before about my stand on the parklets. I am against making them permanent. I've stated my valid reasons before. As a group, you have addressed & acknowledged some of my concerns, but made some of them seem “trivial”. Which to retail & service businesses, they are very serious concerns to our livelihood. You also stated that "several non-restaurant businesses felt the parklets impacted their businesses negatively.” Several? Are you even listening to us?? You seem to have selective hearing in the matter of parklets. You listen to restaurants & people who "like to eat outdoors” and keep mentioning them & their wants & needs. You rarely mention or consider all the people who can’t find parking to shop, because of our lack of sufficient parking spaces. (even before the parklets). The retail stores, who are hurting because, their customers & potential customers can’t find parking. All the service businesses, many who have timed appointments, their customers can’t find parking in time for their appointment, or even at all. Even people who want to eat on Main St. decide to go someplace else, because they don’t want to hassle to find a place to park or have the time to do so. We’d all like to “enlarge our business spaces" for free or at a minimal cost. But we didn't get to, only restaurants did.

And it was suppose to only be temporary, when they couldn’t have indoor diners. What about all of those businesses? This isn’t just about restaurants who have been more than fortunate in the last couple of years to have extra space to conduct their business and make more money. They had their time to do that, to make up for covid restrictions. More than enough time. Now it’s past time to be fair to all the other businesses on Main St.

Also consider all the complications it will take to have permanent parklets. (ones you’ve admitted to). Maintenance, expense, cost, having to hire 2 more employees at a cost of over $310,000 annually. Not to mention, coastal commission approval, sanitation issues, less parking, & many other concerns. The negative much more outweighs the positive in having permanent parklets.

Restaurants aren’t the only “key reason” people come to Main st. The hardware store, the shell shop and many other retails stores are key reasons. Many primarily come to 2 get their hair done, & then, while they’re here, decide to buy a gift or get Angelo’s takeout, since they are on Main St..

Yes I agree, there is "room for change” on Main st. But we have no room! We have no parking! Let’s change Main St, by not having any parklets, period.

Yes, it’s time for change- It’s time to think of ALL businesses for a change.

Thank you,
Lisa Woodruff
1 Gloria Harper
From: Alexa Smittle
Sent: Monday, December 12, 2022 9:58 AM
To: Gloria Harper
Subject: FW: Parklets
Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313

From: Megan Coats <[email protected]>
Sent: Monday, December 12, 2022 9:57 AM
To: Jill Ingram <[email protected]>; Alexa Smittle <[email protected]> Subject: FW: Parklets
FYI.

Thank you,
Megan
From: Lynne Cox <[email protected]>
Sent: Monday, December 12, 2022 9:48 AM
To: Megan Coats <[email protected]>
Subject: Parklets
Dear Megan Coats,
I am writing to you in favor of making the Parklets in Seal Beach permanent. My husband and I live in Long Beach, and we
travel to Seal Beach to dine on Main Street sometimes alone, and sometimes with friend from through out the area. The Parklets
increase restaurant capacity and reduce wait time, and they enable people with dogs and bicycles to sit outside and enjoy a meal.

After we eat, we often shop in Seal Beach at the Hardware store, Pavillions, CVS, the Olive Oil Store, and in the retail shops when we
are searching for unique and special gifts for friends.

The Parklets draw people into your city, give it more of a community feel place where people can sit outside, dine, and enjoy
being in Seal Beach.

Best Wishes,
Lynne Cox
1 Gloria Harper
From: Nat Ferguson <[email protected]>
Sent: Monday, December 12, 2022 1:17 PM
To: Gloria Harper
Subject: Support for Main St parklets
To whom is my concern,
As a fourth generation resident of Seal Beach, local business owner and Past President of the Chamber of Commerce I support parklets on Main St.

If the last two years have taught us anything, it's that our Main St business environment is resilient & sustainable beyond initial concerns that reduced parking would negatively impact merchants. The sampling of public comments at the October council meeting were not representative of the totality of public & resident opinions.

Now it is time to create a more permanent outdoor dining experience that also addresses safety, functionality and improved aesthetic appearance. But this requires the City to step up and work with the (all) business owners by way of an Ad Hoc committee composed of individuals that operate an entity on Main St. This committee can meet quarterly during 2023 to submit a permanent plan via the City to the Coastal commission as will be required to for approval in 2024.

Further, the fee structure needs to be fair and equitable to all parties and should be sourced from neighboring Cities that are working in a similar manner with their restaurant business owners.

Thank you for taking the time to consider my opinion.
--
I have not verified any of the information contained in those documents that were prepared by other people. You will never receive wire instructions or chan from myself or my team. ges to previously provided wire instructions 1 Gloria Harper
From: Renee Durslag <[email protected]>
Sent: Sunday, December 11, 2022 2:13 PM
To: Gloria Harper
Subject: Parkletts
Hello, my name is Renee from Even More salon. I would like to address my concerns that my staff and me have about the parkletts. We have lost our storefront and significant business due to the parklets. We have tried to adjust our schedules due to the lack of parking, but it is not enough! This was suppose to be temporary and its been going on 2 1/2 years. I’ve been at my salon for 32years and have been put in a position to fight with my neighbor. I didn’t move on Main st to have my whole front area covered with tables. Its time to take the parklets down and give other businesses a chance. Keep in mind I have rights to have my storefront!
Thank you,
Renee Durslag
Sent from my iPhone
1 Gloria Harper
From: Patrick Gallegos
Sent: Sunday, December 11, 2022 10:08 AM
To: Gloria Harper
Subject: Fwd: Maintain Parklet Program
Hi Gloria, FYI -
Patrick Gallegos
Assistant City Manager
City of Seal Beach
562-431-2527 ext 1308
Begin forwarded message:

From: Sonia Mireles <[email protected]>
Date: December 11, 2022 at 12:22:46 AM PST
To: Jill Ingram <[email protected]>
Cc: Lisa Rodden <[email protected]>
Subject: Maintain Parklet Program

Dear to whom it may concern,
I am writing to you in hopes that you advocate to maintain the parklet program that is located on Main Street, Seal Beach.

The parklets have helped the merchants on Main St. in Seal Beach through the difficult times of the COVID-19 pandemic. As customers are sitting in a parklet they are able to notice the stores around them that they might have not seen if they were sitting inside.

After their meals they will take a walk and go shopping to the wonderful small shops on Main St.

With that, dog owners are able to sit out on the patios with their pets and enjoy the beautiful weather. Thus, encouraging dog owners to walk more frequently down Main St.

Now, we are entering an era in where outdoor spaces are becoming the local center of business and interactions between individuals. Therefore, there is a need for small businesses to support each other in order to help the community grow and create more wealth for the businesses.

Please advocate to maintain the parklet program.

Thank you,
Sonia Mireles
(562) 522-3828
1 Gloria Harper
From: Taylor Haynes <[email protected]>
Sent: Sunday, December 11, 2022 4:38 PM
To: Gloria Harper
Cc: [email protected]
Subject: Seal Beach Parklet Program
To whom it may concern,
Hello my name is Taylor Haynes and I am writing to you in regards to the parklet program on Main Street in Seal Beach. I have worked on Main Street for over 4 years and I firmly believe the parklets provide many benefits for everyone. I have personally seen Main Street and it’s business before there were parklets and during the parklet program, with that being said I can confidently state that the parklets bring Main Street more foot traffic and business. The parklets give Main Street a welcoming feel that attracts people from all over. This allows not only the restaurants to thrive but it also brings more business to the other shops on Main Street. I believe that ending the parklet program will bring down business for all of Main Street, negatively affecting all shops on Main Street. I have also started a petition to show the communities support for the parklet program, attached to this email is the link to the petition. https://chng.it/tG5r4fbk
Best regards,
Taylor Haynes
1 Gloria Harper
From: Jill Ingram
Sent: Thursday, December 08, 2022 9:14 AM
To: Alexa Smittle
Cc: Gloria Harper
Subject: FW: keeping our parklets
FYI
Jill R. Ingram, ICMA-CM
City Manager
City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527, Ext. 1300

Civility Principles:

1. Treat everyone courteously;

2. Listen to others respectfully;

3. Exercise self-control;

4. Give open-minded consideration to all viewpoints;

5. Focus on the issues and avoid personalizing debate; and,

6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.

From: Tom Hermstad <[email protected]>
Sent: Thursday, December 8, 2022 9:10 AM
To: Jill Ingram <[email protected]>; Patrick Gallegos <[email protected]>; Megan Coats <[email protected]>; Joe Kalmick <[email protected]>; Mike Varipapa <[email protected]>; Thomas Moore <[email protected]>; Schelly Sustarsic <[email protected]>; Sandra Massa-Lavitt <[email protected]> Subject: keeping our parklets
allI am writing today as a concerned citizen and resident of Seal Beach. I have lived in town for 57 years, and have had a business on Main Street for 30. I spend a large amount of time on main street and frequent all the restaurants along our beautiful main street. The parklets are a great addition to Seal Beach. My office is in the back of the courtyard for the Crema Café. Everyone loves enjoying our wonderful weather on that courtyard and it’s the same for the parklets, eating outside and taking it all in is totally seal beach. Although I know parking spaces are at a premium I believe that loss of the spaces is outweighed by the parklets beneficial value to main street and our local restaurants.

The restaurant industry has taken multiple hits first covid, and then the inability to hire staff. The ability for most restuarants to have a few more tables and provide a larger revenue base must surely help those hit so hard in the last few years increasing their revenue to make up for years of losses. I know that one of the 2 main reasons restaurateurs stay away from seal beach is because most spots don’t have the bare minimum of square footage to create a decent profit. Big venues like O’Malley’s, Walts and Hennessey’s are not limited by this fact, but smaller establishments like Bistro St Germain, Crema, 320, the Abbey and Catrina all benefit heavily from the parklets.

I strongly suggest you vote to keep the parklets in place for the foreseeable future.

Regards,
Tom
Tom Hermstad
President
book a time with Tom
H&D Technologies, LLC
322 Main Street Suite 4, Seal Beach, CA 90740, USA
T: 562 304 9330 | M: 562 225 5586
[email protected] | www.hdtech.com
1 Gloria Harper
From: Patrick Gallegos
Sent: Sunday, December 11, 2022 10:09 AM
To: Gloria Harper
Subject: Fwd: Maintaining Parklet Program
One more…
Patrick Gallegos
Assistant City Manager
City of Seal Beach
562-431-2527 ext 1308
Begin forwarded message:

From: Valerie Mireles <[email protected]>
Date: December 9, 2022 at 11:08:30 PM PST
To: Jill Ingram <[email protected]>
Cc: [email protected]
Subject: Maintaining Parklet Program

Dear to whom it may concern,
I am writing to you in hopes that you advocate to maintain the parklet program that is located on Main Street, Seal Beach.

The parklet program began for businesses to be given the opportunity to open their doors and provide a dine-in option for guests during the pandemic. As the pandemic continued, the parklet became a prominent source of income for many businesses.

As time progressed the parklets have become so much more, and many are a part of what makes a restaurant a great business.

Guests value and appreciate the option to be able to dine inside the restaurant or outside in the parklet. As guests benefit from this opportunity to decide where they feel most comfortable. As the pandemic is not officially over and flu season is currently occurring, guests may feel more comfortable dining outside where they may have more space, be separated from other guests, and are able to receive fresh air.

The health of guests and others is a priority and should always be considered when making large decisions. Parklets provide a safe environment and atmosphere for guests, as well as protect their health.

Additionally, Main Street, Seal Beach is a prominent tourist location, especially during the summer time. Many tourists visit here as Main Street is located near the pier, beach, and near parks where families are able to come together to enjoy themselves. As they visit these locations, families walk down Main Street as well to shop, see or to dine at a restaurant. When choosing a restaurant to dine at, people may take into consideration if an outside option is offered. As many tourists may prefer to dine outside to fully take in the atmosphere and view of Seal Beach.

Although opposing opinions regarding the parklets have risen, the parklet benefits many businesses throughout Main Street. Whether the business is a restaurant or a shop, the parklets bring in a new population of customers as some customers prefer parklets over eating inside. Because of this, customers are influenced to travel farther to locate a restaurant offering a parklet option. As these customers may not 2 be locals, they may choose to shop at neighboring small shops or other nearby establishments. This brings in a new influx of customers and profits for these businesses that would not be seen as significant if these parklets were not established.

Overall, parklets benefit many, whether it may be an individual consumer or a business. Parklets are a lively, joyful, and safe implementation for restaurants located on Main Street. The option to keep the parklets should be given to all restaurants. As owners will financially support this program. Parklets provide a new demographic and population of consumers, provide a safe option for customers, and bring in more tourists and foot traffic for neighboring businesses.

Thank you,
Valerie Mireles
(562)833-2456
1 Gloria Harper
From: Woody Woodruff <[email protected]>
Sent: Monday, December 12, 2022 8:18 AM
To: Gloria Harper
Subject: Removal of parklets
$300,000 a year to implement a permanent parklets program and only $650 a month rent for each parking spot? To put the whole town into this kind of debt and only get a fraction of the worth of a parking spot, think how many times in a month a parking spot is used and the revenue generated from that spot, let alone just residents being able to use that spot to access Main street. Anyone that votes in favor of this is going to be completely exposed . They want what they want no matter how much it hurts people or costs the rest of the residents in the city. It doesn’t even take into account the ridiculously expensive shuttles for the few , but everybody and Seal Beach will have to pay for. The newest mantra from the restaurants and the city is that the parklets helps everybody, it makes people want to come down here, no one believes that. The worlds largest and most sophisticated retailer, Amazon just laid off 100,000 employees in one 1/4 with more to come because they said people are going back to brick and mortar stores. Is Main St., Seal Beach filling an increase from people going back to stores, of course not, business is getting worse. We’ve already lists businesses. More businesses are starting to go out of business. To go against city staff recommendations and not close down Parklets and spend all this money that belongs to all the residence, shows that the council person that votes for this doesn’t care who it hurts or what it costs the rest of the people in Seal Beach. It is no different than when people tried to change the laws in Seal Beach to go after the woman with stage four cancer patient to take away her therapy animal. They didn’t care how much it hurt her or how much it cost to change the laws, it’s what they wanted. It’s not any different when a few people wanted to take out all our non evasive trees on Main street that we’ve already paid for and put back in the destructive Ficus trees. When people testified how their foundations of their home or businesses were destroyed, these people said get over it! When even people talked about their mother, falling and breaking both their arms, because of damage to the sidewalk from the tree roots, the people that wanted them just said anybody that fell was “drunk or stupid.” They didn’t care who they hurt, or the cost of the rest of the city. They just wanted what they wanted. Now we have some people who don’t care about who goes out of business or their neighbors that are impeded and using Main street because of lack of parking , or the cost and burden they’re putting on all the other residence for the cost of this program. Once again, people are saying anything to keep the parklets.

Before the parklets began, people were saying there’s easy solutions for the parking and nothing happened.

Here they are again saying pretty much the same thing, pontificating about shuttles and beach parking that they don’t ever use unless they have a beach permit to go surfing, but they say other people have to do these things and pay for it . Everyone knows that no one on the city Council believes all the stuff , they know, that’s being said just to get parklets in. This just exposes them if they vote for keeping parklets ,it shows them to be the same type of people who tried to take away the stage four cancer patient’s therapy animal, or voted to be the only city in the nation to put back in Ficus trees no matter the harm or cost to others. Please don’t be these people, do your fiduciary duty to all the people in Seal Beach, and vote to end this pandemic of parklets .

Thank you
Woody Woodruff
Sent from my iPhone
1 Gloria Harper
From: Patrick Gallegos
Sent: Friday, December 09, 2022 10:41 AM
To: Gloria Harper
Subject: FW: Save the Parklets
Hi Gloria, FYI -
Patrick Gallegos, Assistant City Manager City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1308

Civility Principles:

1. Treat everyone courteously;

2. Listen to others respectfully;

3. Exercise self-control;

4. Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. -----Original Message-----
From: Ximena Ramirez <[email protected]>
Sent: Friday, December 9, 2022 10:39 AM
To: Jill Ingram <[email protected]>; Alexa Smittle <[email protected]>; Patrick Gallegos <[email protected]>; Megan Coats <[email protected]>; Joe Kalmick <[email protected]>; Mike Varipapa <[email protected]>; Thomas Moore <[email protected]>; Schelly Sustarsic <[email protected]>; Sandra Massa-Lavitt <[email protected]>
Cc: [email protected]
Subject: Save the Parklets
Good Evening Seal Beach City Council,
My name is Ximena Ramirez and I currently work at Taco Surf on Main Street.

I am emailing you today regarding saving the parklets. Although I may seem biased since I work at a restaurant that benefits from the parklets, I can ensure you that taking them away is not a great idea. Not only do they allow businesses to receive more customers and provide more employment, but the parklets also create a lively environment on Main street. While walking around I can see many people sitting and eating outside with friends, family, and their pets. It makes Seal Beach feel incredibly welcoming and since we live in southern California I believe that we should take advantage of our lovely climate.

Keeping the parklets can also benefit the retail business. As people sit outside, they can look around the street and see the many stores that Seal Beach has to offer. I often see customers who have just eaten at Taco Surf walk into the stores nearby.
2 A large argument against keeping the parklets is that it reduces the amount of parking. Although this is the case, there is often still plenty of parking open on Main and the surrounding neighborhoods.

The parklets should continue to stay for the sake of the customers who love them and for the cheerful environment it creates.

Thank you,
Ximena Ramirez
Parklet Update
City Council Meeting
December 12, 2023
Brief History
• Temporary parklet program established June
2020 under State authorization to suspend
parking requirements
• Originally set to expire when State COVID
protocols were lifted
• AB 61 extended parking requirement relief until
Jan 1, 2024
Brief History
• Program extended several times
• 28 original parklets
• 14 on Main Street today
• In September 2022, Council created a
subcommittee and directed staff to present a
possible interim program
Mixed Input
• People enjoy eating outside for wide
variety of reasons
• Parklets help restaurants stay in
business and restaurants attract
people to Main Street
• Parklets activate Main Street
• Some parklets are poorly maintained
• Parklets take away parking
• Parklets detract from ambiance of
Main Street
• Parklets impede other businesses
Interim Proposal at
Subcommittee Meeting
• Extension of parklet program through Jan 1,
2023
• Implementation of elevated parklets
• Design standards
• Mitigation fee for use of parking space
• Apply for Coastal Development Permit
Staff Recommendation
• Terminate the temporary parklet program
1 Gloria Harper
From: David Brunjes <[email protected]>
Sent: Monday, December 12, 2022 8:02 PM
To: Gloria Harper
Subject: Parkletts
Gloria: Why, why, why? Why is the City still considering parklets? There has been no response from the City to the very valid positions expressed by those against the parklet’s. Namely:

1. Fairness: Parklets, busy their very nature, benefit restaurant owners at the expense of non-restaurant business owners. What does the City plan to do to even this out? Some form of compensation to non-restaurant owner for their lost business due to reduced visibility and increased complications due to reduced parking?

2. Sanitation: Since the City has proposed a raised deck type surface for the parklets, how does the City propose that they be maintained in a sanitary manner? Particles of food will be dropped between the cracks of the surface. Liquids will be spilled. The City cannot maintain the triangular planter/crosswalk areas as it is. How will the area under the decks be cleaned? Move the decks weekly? Where is the plan? BTW, power washing outdoor surfaces is illegal unless the dirty runoff is suctioned off or collected and disposed of properly before it enters the drains which drain directly to the ocean.

3. Cost: The City needs to be realistic in its assessment of what the parklet space is worth. Lease costs per square foot for Main Street are over $3.00. And outdoor / right on Main Street space has more value than off-Main or second floor space. Add common area maintenance, City overhead, City administrative, insurance, lost revenue and sales taxes from lost retail/non-restaurant sales, etc… As hard as they may be to quantify, they are real costs. The parklets must pay for these costs - probably approaching $4.00 for every square foot needed for the parklet - whether the parklet uses that squarefootage directly or whether it is just a buffer - the parklet must pay for that space.

4. What is outdoor dining worth? If the restaurant owners truly believe that the outdoor spaces add value, they can open up the front of their buildings and have outdoor dining on private, not public, property. Sound expensive? You bet it would be. Why should the City underwrite the cost of outdoor dining? No restaurant owner has come forward arguing that the parlets have satisfied a need for more square footage for their restaurant, just that it is square footage preferred by some customers at certain times.

5. The City ordinance requires that businesses have a certain number of parking spaces per square foot of business. Will the parklet and buffer square footage be added to existing restaurant space to recalculate the number of parking spaces required? Are they aware of the in-lieu of “fines”? Are the restaurant owners aware that this must be so? Just as if a non-business owner added square footage to their building…

6. Good Use Of Space: Parking spaces are arguably used by non-restaurant businesses 7 days a week, 8-10 hours a day.

The City has proposed that the parklets only be required to be used a minimum of 6 days a week, 2 meals (maybe 4-7 hours a day)? So when the non-restaurant owners are asked to sacrifice from 56-70 or more hours of benefit from parking per week, the restaurant owners are only asked to promise a minimum of 24-42 hours of productive use per week.

7. Aggravating An Existing Problem: Parklets indisputably reduce parking spaces along Main Street. Is there any subject more frequently discussed than the challenge of adequate parking along Main Street? The City has proposed a bus/ trolley type of system for off Main overflow parking. Really? Does anyone really believe this is a viable alternative to Main Street parking? Let’s see… At best, 10-15 minutes to wait for and load a bus, 3-5 minutes to get there and unload, times 2 for the return trip means that each customer will be asked to spend 25-40 minutes for the “convenience” &/or charm of shopping / supporting Main Street businesses - restaurants included. How long before these businesses die on the vine? And who pays the cost? We have the cost of the trolley / bus, fuel, maintenance, at least 4 full time employees, City overhead, insurance, etc…
All Main Street businesses were glad to support the parklets to help their neighboring restaurants get through Covid. But enough. The City must represent equally, and provide benefits equally, for all businesses. The parklets benefit restaurant businesses at the expense of non-restaurant businesses. I have not heard of any proposal that addresses the concerns 2 expressed above, as well as other concerns. Why won’t the City specifically address these concerns? Why can’t we have an open forum back and forth discussion about these issues? Is it because the City doesn’t have good answers? Regards, and Happy Holidays -
David Brunjes
Main Street business owner, property owner and proud supporter of small business - especially Main Street Seal Beach businesses!
--
David Brunjes
President
Craftwood Lumber & Hardware www.craftwoodlumber.com
Bay Hardware www.bay-hardware.com
Lunada Bay Hardware www.lunadabayhardware.com
South Bay Hardware www.southbay-hardware.com

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South Bay Hardware