The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
L. Make recommendations to the city council regarding public art and murals on city buildings, city property or funded by the city and responsible for approval of all public art and murals on non-city facilities, viewable by the public. (Ord. 1094 § 3, 2020; Ord. 986 § 3, 2010)
2.16.020 Composition and terms of officeappointment procedure.
The art and history commission shall consist of seven five regular members, appointed by the mayor and approved by the city council. The appointed members shall hold office for four years. (Ord. 986 § 3, 2010)
2.16.021 Term of office.
All appointments shall be for two-year terms. Terms are renewable at the discretion of the mayor and approved by the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair.r. (Ord. 2003 § 2, 2021)
2.16.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the art and history commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.16.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.16.030 Power and dDuties.
The art and history commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
A. Pertaining to the encouragement of arts and crafts and historical activities; B. Pertaining to the promotion of programs of artistic merit within the city; C. Pertaining to the collection, promotion, display and preservation of Seaside’s historical artifacts; D. Designate, protect, preserve, enhance and perpetuate those structures and areas of historical, architectural and engineering significance;
E. Encourage the city systematic collection and preservation of Seaside’s historic records and manuscripts.
F. To provide an annual summary report to the city council by March 15th of each year concerning all the activities of the commission during the preceding twelve-month period.
G. To provide a work plan to the City Council by April 15th of each year describing the commission’s new and ongoing projects for the coming twelve-month period. (Ord. 986 § 3, 2010)
2.16.040 Staff support.
The _____Recreation Director or theirthe City Manager’s designee shall serve as staff liaison to the commission.
The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 2003 § 2, 2021)
2.16.040 Responsibilities.
The art and history commission shall:
A. Protect the city’s cultural resources by developing an historical inventory and, if deemed appropriate, a preservation plan. The inventory shall include, but not be limited to, assets, artifacts, manuscripts, areas, building, structures and sites which are historically, architecturally, archaeologically or culturally significant to the city. The Packet Page 320
Seaside Municipal Code
Chapter 2.16 ART AND HISTORY COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. inventory listing for each item should include its exact location, a statement of its significance to the community with appropriate documentation, a current photograph, and name of donor if available; B. Recommend properties worthy to be certified as an historical or architectural landmark for listing on the National Register of Historic Places, state landmark or, if appropriate, a local register; C. Record historical information received from interviews with seniors and other community resource persons; D. Identify appropriate storage and display areas for historical artifacts; E. Recommend a records management policy to preserve public records of historical value and earmark documents for archival collection;
F. Coordinate with the community development department any findings which might be of paleontological or historic value;
G. Prepare a summary of the history of the growth and development of the city; H. Make recommendations for the integration of preservation goals and objectives into the Seaside general plan; I. Suggest restoration or maintenance of historically significant properties owned by the city; J. Place markers on inventoried properties in the community to increase community awareness of local history and development;
K. Work with local news media to help publicize the work and findings of the commission; L. Make recommendations to the city council regarding public art and murals on city buildings, city property or funded by the city and responsible for approval of all public art and murals on non-city facilities, viewable by the public. (Ord. 1094 § 3, 2020; Ord. 986 § 3, 2010)
2.16.041 Meetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
2.16.050 Art award program.
The art and history commission may annually supervise and hold an award competition for arts and crafts of individual merit. (Ord. 986 § 3, 2010)
2.16.060 Contributions.
With the approval of the city council the commission may solicit and accept gifts, artifacts, manuscripts, and monetary contributions and bequests of funds from individuals and foundations for the purpose of furthering the commission’s programs. The commission may seek financial support from state and other governmental bodies to protect, preserve and enhance the city’s historic resources. (Ord. 986 § 3, 2010)
2.16.070 Annual report.
In addition to the requirements of SMC 2.14.170 the annual report shall contain an inventory of historical items. (Ord. 986 § 3, 2010)
2.16.080 Work plan.
Per the requirements of SMC 2.14.080, the art and history commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 321
Seaside Municipal Code
Chapter 2.17 COMMUNITY SAFETY ADVISORY
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.17
COMMUNITY SAFETY ADVISORY COMMISSION
Sections:
2.17.010 Creation.
2.17.020 Purpose and intent.
2.17.030 Composition and appointment procedure.
2.17.040 Term of office.
2.17.050 Filling of vacancies.
2.17.060 Removal from office.
2.17.070 Power and duties.
2.17.080 Staff support.
2.17.090 Meetings.
2.17.091 Annual report.
2.17.092 Work plan.
2.17.010 Creation.
There is created a community safety advisory commission (CSAC) is hereby created to_____ provide transparency to the public on matters related to community safety and policing . The commission is not a review board of specific police actions, whether internal or external, but a forum for discussions regarding community safety concerns and leveraging the experience of persons outside of policing to improve the department and the community relations. (Ord. 2003 § 2, 2021)
2.17.020 Purpose and intent.
The purpose and intent of CSAC is to provide a forum for police-community interaction, enhance public safety, and increase equity in community safety policies.
A. To address public safety and related issues concerning the Seaside police department’s policies, procedures, practices, and community relation strategies in order to enhance our residents’ quality of life.
B. To promote and encourage open communication and the building of a positive relationship with members of the community and those who have sworn to protect them.
C. Recognize that public safety through policing is a shared responsibility. (Ord. 2003 § 2, 2021)
2.17.030 Composition and appointment procedure.
CSAC shall be comprised of up to elevenseven community members nominated appointed by the mayor and approved by the city council. Community members who represent a range of interests and life experiences and diverse backgrounds, including, but not limited to, LGBTQ+, business, education, nonprofits, public relations, and faith community. At least one member must should be between fifsixteen and eighteen twenty years old when appointed. All members must live in the city of Seaside. (Ord. 2003 § 2, 2021)
2.17.040 Term of office.
All appointments shall be for threetwo-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. No member shall serve more than two consecutive terms. An individual may not serve as chair more than two four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 2003 § 2, 2021)
2.17.050 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021) Packet Page 322
Seaside Municipal Code
Chapter 2.17 COMMUNITY SAFETY ADVISORY
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.17.060 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.17.070 Power and duties.
The community safety advisory commissionCSAC shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
The power and duties of the commission shall be as follows:
A. Adopt, by a two-thirds vote of its members, bylaws governing the conduct of its meetings and activities, the establishment of subcommittees, and such other rules as may be necessary for the performance of its duties; provided, that such bylaws shall specify that a quorum shall at all times consist of at least sixfour members and that any amendment to the bylaws shall require an affirmative vote of two-thirds of its members.
B. The commission shall act in an advisory capacity to and as a liaison between the community, the Seaside police department, and city council.
C. The commission will have no input or discussion regarding specific employee personnel issues, nor be involved in department decision-making at any level.
D. Assist in educating the community at large about the function and role of the Seaside police department.
E. Act as a sounding board for the chief of police regarding community needs and concerns, as well as community response to proposed police programs, priorities, and policies.
F. Apprise the chief of police directly of the recommendations for improved delivery of police services to the Seaside community. When required, the commission will make recommendations to the city council.
G. In making its recommendations to the police chief, the commission shall not attempt to direct the method of implementation of any resulting changes to police department programs, policies, or procedures.
H. Develop and make recommendations directed toward informing the community of its rights and responsibilities when in contact with law enforcement officers.
I. Annually review the city’s community policing philosophy and strategies for best practices. Review the polices and strategies that reinforce the importance of community engagement in public safety. For relationships with key stakeholders, such as churches, businesses, schools, and polices dealing with “least harm” resolutions, such as diversion programs or warnings and citations in lieu of arrest for minor infractions.
J. Receive a biannual status report from the city’s Ffamily and Ccommunity Ssupport team program.
K. The commission shall actively encourage and foster residents’ participation in crime prevention activities.
L. The committee may also discuss problems and strategies for appropriate problem solving in specific neighborhoods.
M. To provide an annual summary report to the city council on the second regular city council meeting in April of each year concerning all the activities of the commission during the preceding twelve-month period and the current fiscal year “work plan.”
N. In the month of May produce a publicly available annual “Ccommunity Ssafety Rreport.” O. The commission shall sponsor/cosponsor an annual citywide community safety summit/event, i.e., National Night Out.
P. Each CSAC member is encouraged to attend the Public Safety Citizens’ Academy or similar training.
Packet Page 323
Seaside Municipal Code
Chapter 2.17 COMMUNITY SAFETY ADVISORY
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Q. Each commission member is expected to contribute.
R. The commission shall not be entitled to receive, review, copy or investigate citizens’ complaint(s) against individual police personnel.
If a citizen submits a complaint against individual police personnel directly to a member of the commission or the commission as a whole, the commission member or the commission, as the case may be, shall forward that complaint to the police department. The commission may not take any other action, including holding hearings or conducting investigations, with respect to said complaint. (Ord. 2003 § 2, 2021)
2.17.080 Staff support.
The Cchief of Ppolice or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 2003 § 2, 2021)
2.17.090 Meetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
2.17.091 Annual report.
CSAC shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year.
2.17.092 Work plan.
Per the requirements of SMC 2.14.080, CSAC shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 324
Seaside Municipal Code
Chapter 2.18 COMMISSION ON JOBS,
OPPORTUNITIES, AND BUSINESS IN SEASIDE
(C-JOBS)
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.18
COMMISSION ON JOBS, OPPORTUNITIES, AND BUSINESS IN SEASIDE (C-JOBS) Sections:
2.18.010 Creationed.
2.18.011 Purpose and intent.
2.18.020 Composition and terms of officeappointment procedure.
2.18.030 Term of office.
2.18.031 Filling of vacancies.
2.18.032 Removal from office.
2.18.040 Power and dDuties.
2.18.050 Staff support.
2.18.060 Meetings.
2.18.070 Annual report.
2.18.080 Work plan.
2.18.010 Creationed.
The economic development commission is hereby renamed the commission on jobs, opportunities, and business in Seaside (C-JOBS). (Ord. 1062 § 2, 2019)
2.18.011 Purpose and intent.
The purpose and intent of C-JOBS is to promote economic growth and development, provide space for local businesses and labor to advocate for their interests in the community, and recommend development projects that may assist in business growth or improvement of services.
2.18.020 Composition and terms of officeappointment procedure.
C-JOBS shall consist of nine sevenfive voting regular members appointed by the mayor and approved by the city council. In addition, the mayor and mayor pro tem shall serve as ex officio, nonvoting members.
Composition of membership should include representatives from businesses and labor, commercial or industrial property owners, government or government-affiliated officials, or owners, officers or managing executives of a business or an industry located in the city, and/or residents at large.
MVoting members of the commission shall be persons selected for their business knowledge and interest in economic development issues. threeFourive members shall be owners or managers of businesses or commercial property located in a commercial district in Seaside. Any vacancy on the commission is filled the same manner as the original appointments. (Ord. 1062 § 2, 2019)
2.18.030 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair.Five of the commission members shall be appointed for terms ending on January 31st in even-numbered years and four members for terms ending on January 31st in odd-numbered years. (Ord. 1062 § 2, 2019)
2.18.031 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission CJOBS for a minimum of one year. (Ord. 2003 § 2, 2021)
2.18.032 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a Packet Page 325
Seaside Municipal Code
Chapter 2.18 COMMISSION ON JOBS,
OPPORTUNITIES, AND BUSINESS IN SEASIDE
(C-JOBS)
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.18.040 Power and dDuties.
The C-JOBS commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
C-JOBS shallA. Pprovide recommendations to the city council on policies, programs, and projects which may encourage investment, increase job creation, improve workforce training and other opportunities, or otherwise expand business opportunities in Seaside.
B. The primary advisory functions are generally divided into four advisory services categories: economic and business development, business communication, business attraction, and business retention and expansion.
C. While C-JOBS shall not have purview over land use, zoning or architectural matters under the responsibility of the planning commission, board of architectural review or zoning administrator, it may advocate for and recommend economic development projects to the city council as it shall determine. (Ord. 1062 § 2, 2019)
2.18.050 Staff support.
The city manager or Eeconomic Ddevelopment Ddirector or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.18.060 Meetings.
The commission on jobs, opportunities, and business in Seaside shall meet on an as-needed basis, but not less than quarterly.not less than on a bi-monthly basis, or when called by the chair. The commission will produce and present to the council an annual report titled Jobs, Opportunities, and Business in Seaside (JOBS) discussing the economic climate in Seaside, with any recommendations. (Ord. 1062 § 2, 2019)
2.18.070 Annual report.
C-JOBS shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year and a description of the economic climate in Seaside.
2.18.080 Work plan.
Per the requirements of SMC 2.14.080, C-JOBS shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 326
Seaside Municipal Code
Chapter 2.19 ENVIRONMENTAL COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.19
ENVIRONMENTAL COMMISSION
Sections:
2.19.010 Creationed.
2.19.011 Purpose and intent.
2.19.020 Composition and terms of officeappointment procedure.
2.19.021 Term of office.
2.19.022 Filling of vacancies.
2.19.023 Removal from office.
2.19.030 Power and dDuties.
2.19.031 Staff support.
2.19.040 ObjectivesMeetings..
2.19.050 Annual report
2.19.060 Work plan.
2.19.010 Creationed.
The environmental committee is hereby created to investigates and advocates for sound environmental policy and action in the areas of air quality, water quality, energy and waste management, flora and fauna protection and community planning. (Ord. 1067 § 3, 2019)
2.19.011 Purpose and intent.
The purpose and intent of the environmental commission is to monitor the city’s progress in complying with principles established in Resolution 17-47 to protect local wildlife, improve quality of life in the community, and promote consideration of environmental justice in the planning of city projects.
A. The environmental committee shall meet not less than on a bi-monthly basis.
B. The environmental committee shall monitor the city’s progress in complying with principles established in Resolution 17-47.
C. The environmental committee shall prepare an annual recommended work plan to the city council by April
15. (Ord. 1067 § 3, 2019)
2.19.020 Composition and terms of officeappointment procedure.
The environmental committee shall have nine five voting regular members, appointed by the mayor and approved by the city council for a term of three two years. Residents of Seaside or professionals, scholars or students in any related field of the environmental sciences are eligible to serve as members. At least one one high school student residing in Seaside and at least one student at CSUMB or MPCstudent that attends Seaside High School, CCalifornia State University Monterey Bay, or Monterey Peninsula College shall be appointed as a regular full voting member. A city council member shall be appointed by the city council as a nonvoting member. (Ord. 1067 § 3, 2019)
2.19.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019)
2.19.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have Packet Page 327
Seaside Municipal Code
Chapter 2.19 ENVIRONMENTAL COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. served as vice-chair immediately before selection to chairperson and must have served on the Environmental Commission community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.19.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.19.030 Power and dDuties.
The environmental commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
The environmental committee shall conduct public meetings and prepare recommendations to the city council on matters regarding the environment to include without limitation unless otherwise noted:
A. Review and comment on city ordinances, policies and programs and state mandates related to environmental regulations, risks and pollution abatement, clean water, air and energy, flora, fauna and biome protection and community planning topics expressly beyond the realm of the planning commission.
B. Serve in advisory capacity to the city council, commissions, committees, and boards on related issues.
BC. Identify strategic environmental goals for the city and estimate resources needed to accomplish these goals; investigate funding to implement programs to benefit the community.
CD. Develop policies and plans for increasing environmental awareness in cooperation with other public and private agencies to include school districts. (Ord. 1067 § 3, 2019)
2.19.031 Staff support.
The _____Community Planning Manager or the City Manager’s their designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.19.040 ObjectivesMeetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
A. The environmental committee shall meet not less than six times per year.
B. The environmental committee shall monitor the city’s progress in complying with principles established in Resolution 17-47.
C. The environmental committee shall prepare an annual recommended work plan to the city council not later than three months in advance of each fiscal year. (Ord. 1067 § 3, 2019)
2.19.050 Annual report.
The environmental commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year and a review of the city’s effectiveness in complying with the principles established in Resolution 17-47.
2.19.060 Work plan.
Per the requirements of SMC 2.14.080, the environmental commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 328
Seaside Municipal Code
Chapter 2.20 HOMELESS COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.20
HOMELESS COMMISSION
Sections:
2.20.010 Creationed.
2.20.011 Purpose and intent.
2.20.020 Composition and terms of officeappointment procedure.
2.20.021 Term of office.
2.20.022 Filling of vacancies.
2.20.023 Removal from office.
2.20.030 Power and dDuties.
2.20.031 Staff support.
2.20.040 ObjectivesMeetings.
2.20.050 Annual report.
2.20.060 Work plan.
2.20.010 Creationed.
The homeless committee is hereby created to plan, advocate, support and collaborate with those affected by homelessness. (Ord. 1067 § 3, 2019)
2.20.011 Purpose and intent.
The purpose and intent of the homeless commission is to shall:
A. Hold public meetings on matters related to homelessness; B. Investigate best and contemporary practices with regard to eliminating and preventing homelessness; C. Serve in advisory capacity to the city council on related issues; D. Prepare an annual report to the city council on progress and effectiveness of various programs and policies. (Ord. 1067 § 3, 2019)
2.20.020 Composition and appointment procedureterms of office.
The homeless commission shall consist of seven five appointed voting regular members appointed by the mayor and approved by the city council. and one nonvoting city council member, all appointed by the city council. Voting members shall hold office for three years. (Ord. 1067 § 3, 2019)
2.20.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019)
2.20.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the homeless commission community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.20.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021) Packet Page 329
Seaside Municipal Code
Chapter 2.20 HOMELESS COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.20.030 Power and dDuties.
The homeless commission shall have the power, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in the following matters:
A. Review and comment on city ordinances, programs and policies and state mandates related to housing, CDBG grants and programs, and other poverty mitigation programs; B. Monitor and assist the city’s progress in implementing needed homeless services and facilities; C. Develop policy recommendations and processes to measure the effectiveness of new and existing policies in ending and preventing homelessness and coordinate with the CDAC Community Development Advisory Commission for their required reporting in the HUD mandated annual action report; D. Identify strategic goals for the city and estimate resources needed to accomplish these goals; investigate funding to implement programs to that benefit the homeless community; D.E. Identify partnerships with county , city and other community program providers that can be leveraged to achieve the goals of ending or preventing homelessness in the city of Seaside. (Ord. 1067 § 3, 2019)
2.20.031 Staff support.
The _____Family and Community Support Practitioner or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.20.040 ObjectivesMeetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
The homeless commission shall:
A. Hold public meetings on matters related to homelessness; B. Investigate best and contemporary practices with regard to eliminating and preventing homelessness; C. Serve in advisory capacity to the city council, commissions, committees, and boards on related issues; D. Prepare an annual report to the city council on progress and effectiveness of various programs and policies. (Ord. 1067 § 3, 2019)
2.20.050 Annual report.
The homeless commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year and a description of the status of homelessness and the homeless population in the community.
2.20.060 Work plan.
Per the requirements of SMC 2.14.080, the homeless commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 330
Seaside Municipal Code
Chapter 2.24 NEIGHBORHOOD IMPROVEMENT
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.24
NEIGHBORHOOD IMPROVEMENT COMMISSION
Sections:
2.24.010 Creationed.
2.24.011 Purpose and intent.
2.24.020 Composition and terms of officeappointment procedure.
2.24.021 Term of office.
2.24.022 Filling of vacancies.
2.24.023 Removal from office.
2.24.030 Power and dDuties.
2.24.031 Staff support.
2.24.040 ObjectivesMeetings.
2.24.050 Annual report.
2.24.060 Work plan.
2.24.010 Creationed.
There is created a neighborhood improvement commission is hereby created to oversee community beautification and revitalization projects in neighborhoods parks, residences, and public spaces. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.011 Purpose and intent.
The purpose and intent of the neighborhood improvement commission shallis to:
A. Work toward the establishment of neighborhood block organizations to encourage citizens to beautify and upgrade their property and landscaping, to remove items that adversely influence property values; B. To encourage citizens to voluntarily comply with the various city codes relating to the general appearance of the city;
C. To make recommendations to the city council on ways to improve the appearance of the city and to elicit voluntary cooperation to beautify and minimize vandalism in the city; D. To work with service clubs and civic organizations, as appropriate, to help clean up the city and to promote and implement programs which help achieve this goal.
E. Also, to work towards the establishment of neighborhood block organizations to help encourage beautification and reduce vandalism in the neighborhoods;
E. To encourage citizens and merchants to decorate their homes and businesses with Christmas decorations during the holiday season and to appropriately display the United States flag on national holidays; F. To conduct administrative hearings pursuant to Chapter 8.30 SMC relating to property maintenance. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.020 Composition and appointment procedure.
The commission shall consist of nine seven regular members appointed by the mayor and approved by the city council. The appointed members shall hold office for three years. (Ord. 1067 § 2, 2019; Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019) Packet Page 331
Seaside Municipal Code
Chapter 2.24 NEIGHBORHOOD IMPROVEMENT
COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.24.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson NIC. and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.24.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.24.030 Power and dDuties.
The neighborhood improvement commission shall have the powerbe entrusted, and it shall be the duty of the commission, to make recommendations to the city council and to advise the council in matters pertaining to general improvement of the neighborhoods within the city. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.031 Staff support.
The _____Chief Building Official or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.24.040 ObjectivesMeetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
The objectives of the commission shall be as follows:
A. Beautification. To encourage citizens to beautify and upgrade their property and landscaping, and to remove items that adversely influence property values;
B. Code Enforcement. To encourage citizens to voluntarily comply with the various city codes relating to the general appearance of the city;
C. Recommendations. To make recommendations to the city council on ways to improve the appearance of the city and to elicit voluntary cooperation to beautify and minimize vandalism in the city; D. Community Organizations. To work with service clubs and civic organizations, as appropriate, to help clean up the city and to promote and implement programs which help achieve this goal. Also, to work towards the establishment of neighborhood block organizations to help encourage beautification and reduce vandalism in the neighborhoods;
E. Holiday Decorations. To encourage citizens and merchants to decorate their homes and businesses with Christmas decorations during the holiday season and to appropriately display the United States flag on national holidays;
F. Conduct Hearings. To conduct administrative hearings pursuant to Chapter 8.30 SMC relating to property maintenance. (Ord. 1055 § 3, 2018; Ord. 773 § 1 (Exh. A), 1990)
2.24.050 Annual report.
The neighborhood improvement commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year.
2.24.060 Work plan.
Per the requirements of SMC 2.14.080, the neighborhood improvement commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
the NIC chairperson must have served on the commission for a minimum of one year Packet Page 332
Seaside Municipal Code
Chapter 2.26 PLANNING COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.26
PLANNING COMMISSION
Sections:
2.26.010 Creationed.
2.26.020 Composition and terms of office.
2.26.030 Powers and duties.
2.26.040 Staff support.
2.26.010 Creationed.
There is created a planning commission of the city pursuant to California Government Code Section 65101 et seq. (Ord. 773 § 1 (Exh. A), 1990)
2.26.020 Composition and terms of office.
The planning commission shall consist of seven members regularly. There is an allowable temporary increase to ten members to allow for the existing board of architectural review members to be added to the planning commission.
Through attrition, the number will be no more than seven members. The appointed members shall hold office for four years. Members shall be appointed, with the approval of the City Council, to hold office for four years. (Ord. 1094 § 2, 2020; Ord. 773 § 1 (Exh. A), 1990)
2.26.030 Powers and duties.
The planning commission shall have all the powers and perform duties as provided in Government Code Section 65103. It shall be the function and duty of the planning commission to prepare, periodically review and revise, as necessary, the general plan of the city and to implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. The planning commission will also act as the board of architectural review, as it pertains to all references in SMC 17.70.070. (Ord. 1094 § 2, 2020; Ord. 773 § 1 (Exh. A), 1990)
2.26.040 Staff support.
The _____Community Planning Manager or the City Manager’s designee shall serve as staff liaison to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
Packet Page 333
Seaside Municipal Code
Chapter 2.28 RECREATION AND PARK COMMISSION
Chapter 2.28
RECREATION PARKS AND PARK RECREATION COMMISSION
Sections:
2.28.010 Creationed.
2.28.011 Purpose and intent.
2.28.020 Composition and terms of officeappointment procedure.
2.28.021 Term of office.
2.28.022 Filling of vacancies.
2.28.023 Removal from office.
2.28.030 Power and dDuties.
2.28.040 Staff support.
2.28.050 Meetings.
2.28.060 Annual report.
2.28.070 Work plan.
2.28.010 Creationed.
There is created a recreation and park parks and recreation commission is hereby created to develop and improve community services and promote community engagement through various projects, events, and programs. (Ord. 773 § 1 (Exh. A), 1990)
2.28.011 Purpose and intent.
The purpose and intent of the parks and recreation commission is to aid in the development and maintenance of public facilities, community programs and projects, and plan events that will deepen communal relations across many demographics.
2.28.020 Composition and terms of officeappointment procedure.
The recreation and parkparks and recreation commission shall consist of nine seven regular members appointed by the mayor and approved by the city council. The appointed members of the commission shall hold office for three years. (Ord. 1067 § 2, 2019; Ord. 971 § 2, 2008; Ord. 887 § 2, 2000; Ord. 773 § 1 (Exh. A), 1990)
2.28.021 Term of office.
All appointments shall serve for two-year terms. Terms are renewable at the discretion of the mayor with the approval of the city council. Chairperson and vice chair are appointed on an annual basis by the mayor with approval from the city council. An individual may not serve as chair more than four consecutive years. To be eligible for chair, one must have been elected and served as vice-chair. (Ord. 1062 § 2, 2019)
2.28.022 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the Parks and Recreation Commission community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.28.023 Removal from office.
Commission members may be removed for any or no reason, at any time, by majority vote of the city council. If a member of the commission does not attend two consecutive regular meetings of the commission, unless excused by a majority vote of the commission, his/her/their membership shall automatically terminate. (Ord. 2003 § 2, 2021)
2.28.030 Power and dDuties.
The duties of the recreation and parkparks and recreation commission shall have the power to, and it shall be its duty be to:
A. Act in an advisory capacity to the city council, recreation and the public works directors of community services, the boards of trustees of the school districts and the director of community services in all matters pertaining to parks The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
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Seaside Municipal Code
Chapter 2.28 RECREATION AND PARK COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021. and public recreation, and to cooperate with other governmental agencies and civic groups in the advancement of sound park and recreation planning and programming;
B. Recommend policies on recreational services and facilities to the director of community services and the city council;
BC. Consult with the Recreation Ddirector of community services on matters relating to the administration and development of recreation areas, facilities, programs and improved recreation services; CD. Make periodic inventories of recreation services that exist or may be needed and interpret the needs of the public to the city council and create annual reports with relevant updates, the school boards of trustees and to the director of community services;
E. Aid in coordinating recreation services with the programs of other public agencies and voluntary organizations; DF. Advise the Recreation Public Works Ddirector of community services in the preparation of the annual budget and a long-range recreation capital improvement program; G. Advise the city council on matters regarding trees, urban forestation endeavors and related resources; EH. Develop, keep current, and aid in the facilitation of a long-term plan for the development, conservation and care of urban forest resources in consultation with the public works director; I. In collaboration with the city’s contractor, develop and review annually the long-range plan for urban forestation, and inform residents regarding tree planting, tree care, and the city’s forestry program. (Ord. 938, 2004; Ord. 773 § 1 (Exh. A), 1990)
I. Develop and review annually a long-range plan for urban forestation; J. Review, in cooperation with the city forester, annual plans for urban forestry programs; K. Coordinate or conduct planned projects for the advancement of the urban forest; L. In collaboration with the city forester, inform residents regarding tree planning, tree care, and forestry programs(Ord. 938, 2004; Ord. 773 § 1 (Exh. A), 1990)
2.28.040 Staff support.
The Rrecreation Director director and the Ppublic Wworks Ddirector, or the City Manager’s designee, shall serve as staff liaisons to the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.28.050 Meetings.
The commission shall meet monthly, but not less than bi-monthly, or when called by the chair. (Ord. 2003 § 2, 2021)
2.28.060 Annual report.
The parks and recreation commission shall submit an annual report to the city council by March 15th of each year.
The report shall include a summary of the activities of the preceding year.
2.28.070 Work plan.
Per the requirements of SMC 2.14.080, the parks and recreation commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
Packet Page 335
Seaside Municipal Code
Chapter 2.32 YOUTH COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.32
YOUTH COMMISSION
Sections:
2.32.010 Creationed.
2.32.011 Purpose and intent.
2.32.020 Composition and terms of officeappointment procedure.
2.32.040 Power and dDuties.
2.32.050 Staff support.
2.32.060 Meetings.
2.32.010 Creationed.
There is created a youth commission for the cityis hereby created to provide a space for the community’s youth population to express their needs and desires in a productive manner, and connect with each other and the broader community. (Ord. 773 § 1 (Exh. A), 1990)
2.32.011 Purpose and intent.
The purpose and intent of the youth commission is to:
A. Promote civic awareness and engagement among the youth population.
B. Promote programs and procedures to ensure the health and satisfaction of the youth population.
A. C. Liaise between the police and other city departments to ensure a productive relationship of mutual understanding.
2.32.020 Composition and terms of officeappointment procedure.
The commission shall consist of eleven seven nine members consisting of:
A. Any resident of Seaside in grade six seven nine or higher, and under the age of twenty-one, is eligible to serve on the youth commission. A minimum of one commissioner shall be appointed by the city council from each of the following schools: Seaside High School, Monterey High School, King Middle School, Walter Colton Middle School Central Coast High School, and Cypress High School. The remaining members shall be at large.
B. At-large members shall be citizens of Seaside, and may be students at Monterey Peninsula College, or any of the schools identified in this section. Affiliation with a school is not a prerequisite for appointment as an at-large member.
C. Nomination of student candidates to the youth commission shall be made by the president of the student body of the school represented. The president may nominate him/herself, or any other member of the elected student body, provided said candidate is otherwise qualified to serve. If there are no student body representatives able or willing to serve on the commission, the president of the student body may nominate any qualified student for appointment.
The appointed members of the commission shall hold office for one year. The commission shall also include one nonvoting adult over the age of twenty-one years who shall act in a supporting capacity to the commission to facilitate the meetings and activities of the commission. (Ord. 787 § 1, 1991; Ord. 773 § 1 (Exh. A), 1990)
2.32.040 Power and dDuties.
The duties of the youth commission shall be to:
A. Advise and consult with the mayor, city council, and all city advisory bodies and city officials on matters pertinent to youth and the city;
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Seaside Municipal Code
Chapter 2.32 YOUTH COMMISSION
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
B. Inform youth in the community of governmental activities, decisions and civic actions; C. Ensure, to the extent possible, that the various needs of the youth in the community are satisfied; D. Establish and maintain a positive relationship between police and youth by promoting better understanding of police duties and functions of the law enforcement process within the youth community; E. Provide an easily accessible channel of communication between police and youth so that complaints may be heard and acted upon;
F. Conduct workshops, seminars and rap sessions concerning the need for better understanding between individuals; G. Take appropriate measures to ensure the participation of all youth of the city so that a more humane society may evolve in the future. (Ord. 773 § 1 (Exh. A), 1990)
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Seaside Municipal Code
Chapter 2.34 SPECIAL LICENSE AND PERMIT
BOARD
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.34
SPECIAL LICENSE AND PERMIT BOARDCOMMISSION
Sections:
2.34.010 Established – Composition.
2.34.020 Duties.
2.34.030 Rules and regulations.
2.34.040 License or permit – Issuance and denial.
2.34.050 License or permit – Revocation – Hearing procedure.
2.34.060 License or permit – Appeals.
2.34.010 Established – Composition.
There is established a special license and permit boardcommission, consisting of the city manager, police chief, fire chief, chief building official inspector and the planning director, or their designees ates. (Ord. 603 § 2, 1982; prior code § 5-303)
2.34.020 Duties.
The board commission shall promptly review all applications for licenses or permits which are expressly provided for under other provisions of this code. The board commission shall cause an investigation to be made with respect to each application received by it for the purpose of determining whether or not the standards applicable to the license or permit sought have been met. The board commission may approve a license or permit subject to reasonable conditions necessary to protect the health, safety, peace, morals, and general welfare of the public. (Ord. 603 § 2, 1982; prior code § 5-304)
2.34.030 Rules and regulations.
The board commission shall adopt rules governing procedure relating to its meetings and hearings on revocations of licenses or permits. The board commission may also adopt regulations setting forth standard conditions applicable to specific types of licenses or permits which are necessary to protect the health, safety, peace, morals and general welfare of the public. (Ord. 603 § 2, 1982; prior code § 5-305)
2.34.040 License or permit – Issuance and denial.
The boardcommission, upon a finding of a majority of its members that the standards governing issuance of a specific license or permit have been met, shall promptly issue the license or permit to the applicant, subject to reasonable conditions necessary to protect the health, peace, safety, morals, and general welfare of the public.
Otherwise, the license or permit shall be denied and written notice thereof shall promptly be transmitted to the applicant. (Ord. 603 § 2, 1982; prior code § 5-306)
2.34.050 License or permit – Revocation – Hearing procedure.
A. Any license or permit issued under this chapter may be revoked by the board commission at any time upon a finding of a majority of its members that any conditions of the license or permit have been violated or that any ground exists which would have been a ground for denial of the original license or permit or that the permittee or licensee has knowingly made a material misrepresentation in his application.
B. Prior to revocation of any license or permit, the board shall hold a hearing thereon.
C. Written notice of the hearing shall be transmitted to the licensee or permittee at least five days in advance thereof, and shall state the grounds upon which the proposed revocation is based. The licensee or permittee may present evidence at the hearing and may be represented by counsel.
D. If it appears at the hearing that the alleged violation is correctable, the board shall continue the license or permit, subject to appropriate conditions.
E. Within ten days following the hearing, the board shall notify the licensee or permittee in writing of its decision. (Ord. 603 § 2, 1982; prior code § 5-307)
Packet Page 338
Seaside Municipal Code
Chapter 2.34 SPECIAL LICENSE AND PERMIT
BOARD
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.34.060 License or permit – Appeals.
A. An applicant for, or licensee or permittee, may appeal any board commission decision by filing a written appeal along with a fee in accordance with the fee schedule on file in the City Hall with the city clerk not later than five days following receipt of written notice of the board’s decision.
B. The city clerk shall schedule the appeal for the next meeting of the city council.
C. The city council shall hear the appeal. The evidence presented shall be restricted to that presented to the board, unless the city council, by motion, holds a de novo hearing. (Ord. 603 § 2, 1982; prior code § 5-308) Packet Page 339
Seaside Municipal Code
Chapter 2.37 TRANSPORTATION ADVISORY
COMMITTEE
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
Chapter 2.37
TRANSPORTATION TRAFFIC ADVISORY COMMITTEE
Sections:
2.37.010 Established – Composition.Creation.
2.37.011 Purpose and intent.
2.37.012 Composition and appointment procedure.
2.37.020 Term of office.
2.37.021 Filling of vacancies.
2.37.023 Removal from office.
2.37.030 Quorum and mMeetings.
2.37.040 Power and dDuties.
2.37.050 Staff support.
2.37.060 Annual report.
2.37.070 Work plan.
2.37.010 Established – Composition.Creation.
There is established a traffic advisory committee is hereby created to ensure the regulation of traffic laws and respond to traffic concerns brought forward by the public. to serve without compensation, consisting of one councilmember, who shall be the chairman, the director of public works, who shall be the vice-chairman, the chief of police, the director of community development, and the fire chief, or their designees. (Ord. 746 § 1, 1988)
2.37.011 Purpose and intent.
The purpose and intent of the traffic advisory committee is to provide a space for the public to express traffic concerns and complaints, regulate compliance with traffic laws, and ensure street and highway safety.
2.37.012 Composition and appointment procedure.
The commission shall be comprised of four members serve without compensation, consisting of one councilmember, who shall be the chairman, the director of public works, who shall be the vice-chairman, the chief of police, community development planning manager the director of community development, the fire chief and the fire chief, or their designees. (Ord. 746 § 1, 1988)
2.37.020 Term of office.
A. The councilmember shall be appointed for a two-year term by the mayor with the advice and consent of the city council.
B. The terms of the director of public works, chief of police, director of community development and fire chief shall be for the duration of, and concurrent with, their respective service in office. (Ord. 746 § 1, 1988)
2.37.021 Filling of vacancies.
Any vacancy occurring during the term of any member shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made. Except for the initial appointment, the chairperson must have served as vice-chair immediately before selection to chairperson and must have served on the community safety advisory commission for a minimum of one year. (Ord. 2003 § 2, 2021)
2.37.022 Removal from office.
Commission members may be removed for any or no reason, at any time by the City Manager, except for the councilmember, who may be removed by majority vote of the city council. (Ord. 2003 § 2, 2021)
2.37.030 Quorum and mMeetings.
Three members shall constitute a quorum. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action. Meetings shall be held at the call of the chairman or at such times as the committee may determine. All committee meetings shall be open to the public, and minutes thereof shall be maintained.The commission shall meet not less than bi-monthly, or when called by the chair. (Ord. 746 § 1, 1988) Packet Page 340
Seaside Municipal Code
Chapter 2.37 TRANSPORTATION ADVISORY
COMMITTEE
The Seaside Municipal Code is current through Ordinance 2010, passed October 7, 2021.
2.37.040 Power and dDuties.
The traffic advisory committee shall have the power to, and it shall be its duty to:
A. Bbe considered advisory to the city council, redevelopment agency, planning commission, or appropriate city departments. The committee is authorized and it shall have the duty:
BA. RTo review all requests for traffic safety regulatory or control devices, signs and markings, and to make studies and recommendations to the city council, planning commission or appropriate city department, with respect to all matters pertaining to traffic regulation, traffic circulation and traffic safety including traffic laws, parking and speed regulations, crosswalks, stop signs, traffic control devices and signals, street lights, school crossings, signing, pavement marking and other related matters;
CB. STo study any unsafe or malfunctioning traffic condition and to recommend solutions to such conditions; DC. ATo assist the staff, planning commission, redevelopment agency and city council in short- and long-range transportation planning within the city, including review of and recommendations concerning streets and highways master planning, capital improvement projects and related matters; ED. RTo review and answer complaints concerning traffic safety conditions; FE. PTo perform such other functions as the city council may request from time to time. (Ord. 746 § 1, 1988)
2.37.050 Staff support.
The Public Works Director and City Engineer, or the City Manager’s designee, shall serve as the staff liaisons for the commission. The city manager shall provide or cause to be provided adequate staff assistance and sufficient funding as necessary to enable the commission to fulfill its purpose and duties. The city attorney is the commission’s legal advisor. (Ord. 1062 § 2, 2019)
2.37.060 Annual report.
The traffic advisory commission shall submit an annual report to the city council by March 15th of each year. The report shall include a summary of the activities of the preceding year.
2.37.070 Work plan.
Per the requirements of SMC 2.14.080, the traffic advisory commission shall submit a work plan to the city council by April 15th of each year. The work plan shall include a description of proposed projects or activities for the coming year.
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.B.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Paul Blaha, Deputy Fire Chief
DATE: May 1, 2025
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 15.04 BY ADDING
SECTION 15.04.190 DESIGNATING FIRE HAZARD SEVERITY
ZONES. THIS PROJECT IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION
15061(B)(3) OF THE CEQA GUIDELINES (FIRST READING -
ROLL CALL VOTE)
RECOMMENDATION
Recieve public hearing and conduct the first reading.
BACKGROUND
The State of California, through the California Department of Forestry and Fire Protection (CAL FIRE), is responsible for classifying areas of the state into Fire Hazard Severity Zones (FHSZ) based on scientific data and modeling of fire behavior, fuel loading, weather patterns, and topographic features. These classifications are part of a broader statewide effort to assess and reduce wildfire risk.
Pursuant to Government Code Sections 51175–51189, local jurisdictions are required to identify, adopt, and enforce Moderate, High, and Very High Fire Hazard Severity Zones (VHFHSZ) within Local Responsibility Areas (LRA). These designations are used to implement defensible space regulations, apply fire-resistant building standards (California Building Code Chapter 7A), and guide community wildfire mitigation strategies.
CAL FIRE recently completed an update to the FHSZ maps for LRAs, which includes the City of Seaside. The updated map designates areas within the city as Moderate, High, Packet Page 342
Item No. 9.B. Page 2 of 2
or Very High fire hazard zones. These updated designations reflect the latest data and modeling and will serve as the foundation for future fire prevention policies and enforcement.
The City of Seaside held a duly noticed public meeting on April 24, 2025, to present the updated FHSZ map, solicit public input, and consider its implications for public safety and future development. The adoption of the updated map enhances public safety by:
• Identifying areas of elevated fire risk
• Providing a basis for applying Chapter 7A of the California Building Code to new development in Very High and High FHSZs
• Supporting community wildfire preparedness, response, and education efforts • Enabling coordination with CAL FIRE and other agencies on defensible space and mitigation enforcement
The adoption of the updated FHSZ map is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense exemption.” The map adoption itself does not authorize or require any specific development activity, nor does it have the potential to cause a significant effect on the environment.
FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the FHSZ maps.
However, future development and permitting processes within designated zones may require additional compliance measures, which would be funded through existing permitting and inspection fee structures.
ATTACHMENTS
1. Fire Hazard Ordinance
2. FHSZ_City_LRA_11x17_Seaside (1)
3. LRA-Legislation-Factsheet---Flipbook-combined (1)
4. CAL FIRE - OSFM - Transmittal Letter LRA FHSZ - Phase 3 - 3.4.25 Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
Packet Page 343
Meeting Date: 05/01/25
Item #: X.X.
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, AMENDING CHAPTER 15.04 BY ADDING SECTION 15.04.190
DESIGNATING THE FIRE HAZARD SEVERITY ZONES FOR LOCAL
RESPONSIBILITY AREAS (LRA) AS RECOMMENDED BY THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
WHEREAS, the State of California, through the California Department of Forestry and Fire Protection (CAL FIRE), is responsible for classifying areas of the state into Fire Hazard Severity Zones (FHSZ) based on scientific data and modeling of fire behavior, fuel, weather, and topography; and
WHEREAS, Government Code Section 51179 requires “A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178; and
WHEREAS, CAL FIRE completed and transmitted updated recommendations from the State Fire Marshal identifying moderate, high and very high fire severity zones on an update to the Fire Hazard Severity Zone Map on or about March 10, 2025; and WHEREAS, adoption of the updated FHSZ map enhances public safety by providing the basis for implementing defensible space regulations, fire-resistant building standards (California Building Code Chapter 7A), and community wildfire preparedness efforts (collectively, Chapter 49 of the Fire Code); and WHEREAS, the City of Seaside posted the information publicly about the new FHSZ on April 1, 2025, on April 17, 2025 made a presentation at a duly noticed public meeting and held a community workshop on April 24, 2025 and on May 1, 2025 held a public hearing allowing for public input and consideration of the FHSZ map and its implications; and
WHEREAS, the adoption of the FHSZ map is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense exemption,” as the ordinance itself does not have the potential to cause a significant effect on the environment.
NOW, THEREFORE, THE CITY OF SEASIDE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Seaside Municipal Code Chapter Section 15.04.190 amended in whole to read as follows:
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“The City hereby adopts moderate, high, and very high fire hazard severity zones as depicted on the map from the State Fire Marshall dated March 10, 2025 for the land within the local responsibility area of the City of Seaside.” SECTION 2. The City Council hereby adopts the updated Fire Hazard Severity Zones (FHSZ) map for Local Responsibility Areas (LRA) within the City of Seaside, as prepared and finalized by CAL FIRE in 2024, which classifies certain areas of the city as Moderate, High, or Very High fire hazard severity zones.
SECTION 3. The City Manager or designee is hereby directed within thirty (30) days to transmit a copy of this ordinance and a map to the Board of Forestry and Fire Protection. The City Manager or his designee is further authorized and directed to take all necessary steps to implement the provisions of this Ordinance and incorporate the adopted FHSZ map into applicable City programs, regulations, and development review procedures.
SECTION 4. This Ordinance is exempt from CEQA under the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines.
SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage and shall be published in accordance with applicable law.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall 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 section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
INTRODUCED at a regular meeting of the City Council of the City of Seaside, Seaside, State of California, held on the 1st day of May 2025.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of May 2025, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
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ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:29,000 at 11" x 17"
Km 0 1 2
Mi 0 1
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Seaside
218
1 UNINCORPORATED
MONTEREY CO.
DEL REY OAKS
MARINA
MONTEREY
SAND CITY
M O N T E R E Y C O . March 10, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF SEASIDE – MONTEREY COUNTY
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FHSZ Frequently Asked Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on.
What is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread.
Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread.
Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models would u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the Fire Hazard Severity Zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.
General
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FHSZ Frequently Asked Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA).
Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs.
Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA).
What are the uses of Fire Hazard Severity Zones?
The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.
What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.
FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included.
General
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FHSZ Frequently Asked Questions
How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts.
Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on. Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.
How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather.
What new data will be included in the new model, and how does this differ from the previous model?
A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands.
General
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FHSZ Frequently Asked Questions
How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at: osfm.fire.ca.gov/FHSZ Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀cs (by ge琀ng into vents), and decks.
Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought.
How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.
General
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FHSZ Frequently Asked Questions
What is State Responsibility Area or SRA?
SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes.
How is State Responsibility Area determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years.
What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.
What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ State Responsibility Area
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FHSZ Frequently Asked Questions
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes.
Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.
State Responsibility Area
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FHSZ Frequently Asked Questions
What is Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract.
When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on.
How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area.
What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas?
California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Local Responsibility Area
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FHSZ Frequently Asked Questions
Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.
What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on.
How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.
When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2025.
Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas.
Local Responsibility Area
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LRA Legislation Factsheet
Assembly Bill No.337
An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection.
[Enrolled, January 28, 1991]
AB 337, Bates. Very high fire hazard severity zones.
(1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law.
The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law.
This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones.
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LRA Legislation Factsheet
Assembly Bill No.337 (Continued)
(2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks.
The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1).
The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas.
The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters.
This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program.
The bill would permit a violation of these requirements to be considered a public nuisance, as specified.
(3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones.
This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions.
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LRA Legislation Factsheet
Senate Bill No.63
CHAPTER 382
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
[Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space:
fire hazard severity zones.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.
This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a statemandated local program.
This bill would also make conforming changes.
(2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brushcovered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.
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LRA Legislation Factsheet
Amended by Senate Bill No.63
Government Code 51178
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) Packet Page 362
LRA Legislation Factsheet
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section
2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided.
This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a statemandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided.
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LRA Legislation Factsheet
Amended by Assembly Bill No. 211
Government Code 51179
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) Packet Page 364
LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.
The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).
However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:
1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.
If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:
1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.
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LRA Legislation Factsheet
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STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
OFFICE OF THE STATE FIRE MARSHAL
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 568-3800
Website: www.fire.ca.gov
March 10, 2025
Dear: County Chief Administrative Officer, City Manager, Fire Chief, Fire Marshal Re: Official Transmittal of Fire Hazard Severity Zones
The State Fire Marshal is mandated by Government Code (GC) 51178 to identify levels of fire hazard based on consistent statewide criteria and the expected severity of fire hazards.
Government Code 51179 requires the State Fire Marshal to make recommendations of fire hazard severity zones to local agencies, as defined per GC 51177(e), for their designation and adoption by ordinance. This letter serves as the official transmittal of the recommendation. For the Statutory requirements for local adoption please review California Code, GOV 51179.
Your City/County has been identified as having Moderate, High, Very High or a combination of Fire Hazard Severity Zones (FHSZ) within your jurisdiction. The maps and data are available in the FHSZ HUB at https://fire-hazard-severity-zones-rollout-calfire-forestry.hub.arcgis.com/ .
Please complete the Public Contact Survey in the FHSZ HUB using the link above. This information will be used for a public Webmap on the CAL FIRE-Office of State Fire Marshal website to guide your constituents to the appropriate contact person or website for the Local Responsibility Area FHSZ in your jurisdiction.
If you have additional questions, please feel free to contact our Team at [email protected].
Sincerely,
Daniel Berlant
State Fire Marshal
CAL FIRE – Office of the State Fire Marshal
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.C.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: May 1, 2025
SUBJECT: ADOPT A RESOLUTION TO AMEND THE WEST BROADWAY
URBAN VILLAGE SPECIFIC PLAN TO PROHIBIT THE SALES OF
FIREARMS AND AMMUNITION WITHIN THE WEST BROADWAY
URBAN VILLAGE. THIS PROJECT IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 15061(B)(3) OF THE CEQA GUIDELINES
RECOMMENDATION
Adopt the attached Resolution to amend the West Broadway Urban Village Specific Plan.
BACKGROUND
The West Broadway Urban Village Specific Plan (WBUVSP) was originally adopted by the City Council on January 21, 2010, and was last amended in September of 2018.
The West Broadway Urban Village Specific Plan identifies allowable uses within the West Broadway Urban Village (WBUV) in Sections B.1.1 through B.4.1 of Chapter 7 of the WBUVSP (see attached).
At the Council meeting on March 20, 2025, the City Council expressed a desire for staff to review allowable locations for the sale of firearms and ammunition throughout the City of Seaside. While the overall review of the City is ongoing, staff have determined that the WBUV is an inappropriate location for such a use. This is due to the incompatibility of such a use with the goals identified in the WBUVSP. For example, Chapter 7 Section B indicates that the WBUV should contain "a mix of residential and commercial buildings that will draw visitors, shoppers, and residents to the area." Additionally, Chapter 3 Section A refers to the vision of the WBUV being "a mix of retail, residential, and office uses."
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City staff have surveyed regulations for firearms stores in other jurisdictions. It is very common (90% of jurisdictions studied) for jurisdictions to create some sort of buffer between the sales of firearms and sensitive uses. These sensitive uses include buffers between educational/religious uses (90%), other firearms stores (80%), residential uses (30%) and other specified commercial uses (30%). Staff is in the process of reviewing locations within the City of Seaside to determine where the sale of firearms and ammunition may be appropriate. However, given that the WBUV is intended as an area that consists of a mixture of uses, including sensitive uses, staff believe that it would be inappropriate to permit the sale of firearms or ammunition within the WBUV.
Currently, it is unclear whether sales of firearms or ammunition are permitted within the WBUV. Chapter 7, Section B.1.1.1 defines "Specialty Goods Retail," which is a permitted use on the ground floor of primary streets. Firearms are not explicitly mentioned. Pursuant to Chapter 7, Section B.4.1, it would therefore be up to the Zoning Administrator to determine whether the sales of firearms would meet the definition of "Specialty Goods Retail" and therefore be an allowable use under the WBUVSP.
Currently, it appears unlikely that the Zoning Administrator would make such a determination, although this could be much more clearly stated in the WBUVSP. In order to prevent any future confusion regarding the intent of the WBUVSP, the proposed change would add the clarifying sentence "Specialty Goods Retail does not include the sale of firearms or ammunition, as such sales are prohibited within the West Broadway Urban Village." to Section B.1.1.1 of the WBUVSP, as shown in the attached Resolution.
Staff is unaware of any businesses that currently sell firearms or ammunition within the West Broadway Urban Village. Staff did interview one business, Seaside Pawn, as pawn shops have historically sometimes engaged in the sale of firearms or ammunition.
However, representatives of this particular business indicated that they do not, nor do they have any plans to, engage in the sale of firearms or ammunition (or any other weapon). Given that there are no existing or proposed businesses engaging in the sale of firearms, and that the proposed language consists of a clarification of an existing policy, rather than implementation of a new policy, the proposed Specific Plan Amendment would clearly have no impact on the environment and would therefore not be subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
On April 23, 2025, the Seaside Planning Commission met and reviewed the proposed Specific Plan Amendment. The Planning Commission voted 5-0 to recommend that the City Council adopt the proposed Amendment.
FISCAL IMPACT
There is no fiscal impact associated with this item.
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Item No. 9.C. Page 3 of 3
ATTACHMENTS
1. Resolution WBUV SPA 2025-05-01
2. Existing WBUVSP Language
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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Meeting Date: x/xx/xx
Item #: X.X.
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ADOPTING
A SPECIFIC PLAN AMENDMENT TO CLARIFY THAT THE SALES OF FIREARMS
AND AMMUNITION ARE NOT PERMITTED WITHIN THE WEST BROADWAY
URBAN VILLAGE SPECIFIC PLAN AREA
WHEREAS, in January 2010 the Seaside City Council adopted the West Broadway Urban Village Specific Plan (WBUVSP); and
WHEREAS, in September 2018 the City Council amended the WBUVSP to modify allowed land uses within the WBUVSP; and
WHEREAS, it is unclear in the WBUVSP whether or not the sales of firearms and ammunition would be permitted within the West Broadway Urban Village (WBUV); and WHEREAS, due to the diverse uses existing and envisioned within the WBUV, there is a high likelihood of conflicts between any potential sales of firearms and ammunition and incompatible land uses; and
WHEREAS, to prevent incompatible land uses from existing in proximity to each other, the prohibition of the sale of firearms and ammunition should be clarified in the WBUVSP; and
WHEREAS, since this action only clarifies existing regulations and does not result in any change in policy, it is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the proposed Specific Plan Amendment to the West Broadway Urban Village Specific Plan as shown in the attached Exhibit “A.” PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 1st day of May, 2025 by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
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-2
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
Attach:
Exhibit “A” – Specific Plan Amendment
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-3
Exhibit “A”
Specialty Goods Retail does not
include the sale of firearms or
ammunition, as such sales are
prohibited within the West Broadway
Urban Village.
Add Language:
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CITY OF SEASIDE
STAFF REPORT
Item No.: 9.D.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Jessica Riley, Finance Director
DATE: May 1, 2025
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3.24 SECTION 121 OF THE MUNICIPAL CODE TO MODIFY
PROCEDURES FOR ALLOCATING TRANSIENT OCCUPANCY TAX
COLLECTED FROM SHORT-TERM RENTALS. THIS PROJECT IS
NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO SECTION 15061(B)(3) OF THE CEQA
GUIDELINES (FIRST READING - ROLL CALL VOTE)
RECOMMENDATION
Receive public comment and conduct the first reading.
BACKGROUND
Background and Purpose
In 2018, the City Council adopted Ordinance No. 1053, which established a regulatory framework for short-term rentals (STRs) in the City. This ordinance responded to the growing prevalence of privately-owned residential dwellings being used as STRs through platforms such as Airbnb and VRBO. The Council recognized that while STRs expand lodging options and generate increased transient occupancy tax (TOT) revenue, they also present potential challenges, including impacts on affordable housing and neighborhood character. The ordinance aimed to ensure neighborhood compatibility, support economic growth, and protect the health, safety, and welfare of residents by establishing licensing, operational standards, and enforcement mechanisms for STRs.
Establishment of Dedicated Funding for Community Benefits Following the adoption of the STR program, the City Council enacted Ordinance No. 1054, directing that TOT revenues generated by STRs be accounted for in a separate fund. The ordinance required that these revenues be split evenly, with fifty percent Packet Page 381
Item No. 9.D. Page 2 of 3
reserved for affordable housing projects and fifty percent reserved for neighborhood park improvement projects. The Neighborhood Improvement Commission was tasked with making recommendations to the City Council regarding the use of these funds, ensuring that STR-generated revenues directly benefited the community in tangible ways.
Amendment to Allocation Structure
In 2020, the Council adopted Ordinance No. 1084, amending Chapter 3.24.121 of the Municipal Code. This amendment authorized that up to ten percent of STR-generated TOT revenues could be used to cover the costs of administering the STR program. The net remaining funds continued to be split evenly between affordable housing projects and community/neighborhood park improvements, with recommendations from the Neighborhood Improvement Commission. This adjustment ensured that the program was financially sustainable while maintaining the City's commitment to reinvest STR revenues in community priorities.
Growth in Short-Term Rental Revenues
Since the inception of the STR program, the City has experienced significant growth in TOT revenues from STRs. Revenues increased from $376,000 in fiscal year 2019-2020 to $1.1 million in fiscal year 2023-2024. This growth reflects both increased participation in the STR market and effective program administration, resulting in a substantial and growing funding source for affordable housing and neighborhood improvements.
Proposed Modification to Fund Allocation
Given the sustained growth in STR-generated TOT revenues and evolving community needs, the City Council now seeks to modify the allocation of net funds. The proposed change would reserve fifteen percent of net STR TOT revenues for discretionary use by the City Council, with the remaining funds subject to allocation recommendations by the Neighborhood Improvement Commission. This adjustment is intended to provide the Council with greater flexibility to address emerging priorities while continuing to support affordable housing and neighborhood parks improvements.
Conclusion
The proposed modification to the allocation of STR-generated TOT revenues builds on the City's established framework for regulating STRs and reinvesting associated revenues in community priorities. By reserving a portion of net revenues for discretionary use, the City Council aims to enhance its ability to respond to changing community needs while maintaining its commitment to affordable housing and neighborhood improvements. The continued involvement of the Neighborhood Improvement Commission ensures that community input remains central to the allocation of these important resources.
FISCAL IMPACT
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Item No. 9.D. Page 3 of 3
The allocation of short-term rental tax revenues has a direct impact on the City’s budgeting and resource distribution. The continued funding of the Neighborhood Improvement Fund and Affordable Housing Fund ensures that key community projects and affordable housing initiatives are adequately supported. The funds used for capital improvements, neighborhood enhancements, and affordable housing programs help maintain and improve the City’s infrastructure and affordable housing opportunities, contributing to long-term fiscal stability.
ATTACHMENTS
1. Draft Ordinance Amending Section 3.24.121
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 3.24.121 OF THE MUNICIPAL CODE TO MODIFY ALLOCATION OF TRANSIENT OCCUPANCY TAX COLLECTED FROM SHORTTERM RENTALS WHEREAS, the City Council adopted Ordinance No. 1053 in 2018, establishing a short-term rental program; and
WHEREAS, Ordinance No. 1054 was adopted directing that transient occupancy tax revenues generated by the short-term rental program be accounted for in a separate fund, with fifty percent (50%) reserved for affordable housing projects and fifty percent (50%) reserved for neighborhood park improvement projects, with recommendations to the City Council by the Neighborhood Improvement Commission; and WHEREAS, Ordinance No. 1084 was adopted in 2020, amending Chapter
3.24.121 to provide that ten percent (10%) of the transient occupancy tax revenues be used for short-term rental program costs, with the net revenues split fifty percent (50%) for affordable housing projects and fifty percent (50%) for community and neighborhood park improvements, with recommendations by the Neighborhood Improvement Commission; and
WHEREAS, short-term rental revenues have increased since the inception of the program from $376,000 in fiscal year 2019-2020 to $1.1 million in fiscal year 2023-2024; and
WHEREAS, the City Council now desires to modify the allocation of net funds, reserving fifteen percent (15%) of the net revenues to itself for discretionary use, and adjusting the amounts subject to recommendation by the Neighborhood Improvement Commission.
NOW THEREFORE, the City Council of the City of Seaside, State of California does ordain as follows:
SECTION 1. GENERAL PURPOSE AND FINDINGS
The City Council hereby adopts the above recitals as though fully set forth and as the general governmental purpose and exercise of its police power as to the allocation of the short term rental program transient occupancy tax.
SECTION 2. TEXT AMENDMENTS
New amendments to the existing code are shown in underline, while deletions are shown in strike out. Section 3.24.121 shall be amended as follows:
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SECTION 3. ENVIRONMENTAL COMPLIANCE
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under CEQA nor have the potential for causing a significant effect on the environment. (14 CCR 15378(b); 15061(b)(3)) SECTION 4. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.
B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.
INTRODUCED AND PASSED TO PRINT at a Regular meeting of the City Council of the City of Seaside, State of California, on the 1st day of May, 2025.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside, State of California, on the ____ day of ________, 2025, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
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APPROVED:
________________________________
Ian N. Oglesby, Mayor
ATTEST:
________________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE
STAFF REPORT
Item No.: 10.A.
TO: City Council
FROM: Greg McDanel, City Manager
BY: Andrew Myrick, Economic Development & Community Planning Manager DATE: May 1, 2025
SUBJECT: ADOPT A RESOLUTION TO ESTABLISH A PROGRAM FOR THE
ALLOCATION OF WATER FOR SMALL COMMERCIAL PROJECTS
RECOMMENDATION
Approve the establishment of a program to allocate water to small commercial projects.
BACKGROUND
All development within the boundaries of the Monterey Peninsula Water Management District (MPWMD) are subject to MPWMD's rules regarding the needs for additional water allocations in order to move forward. The City of Seaside maintains a reserve of water which it is able to allocate to private projects in order to enable them to proceed.
Water allocations are governed by Chapter 13.24 of the Municipal Code. The City Council recently (on April 17, 2025) approved a second reading of an Ordinance that would change the procedures for the allocation of water. Among these changes would be the removal of an existing program for the allocation of water to small commercial projects. Currently, this program is included as a part of the Ordinance. However, due to the recent amendment, this program will be deleted from the Ordinance by May 18, 2025. It is therefore necessary to establish a new program via Resolution prior to that date.
The existing commercial business program can be found in Section 13.24.025. A of the Municipal Code prior to the newly adopted Ordinance. It essentially provided a scoring system based on the public benefits created by the business, with points being provided under the following categories: revenue generation, jobs creation, location, removal of blight, and business retention. The number of points eligible in each category varied Packet Page 387
Item No. 10.A. Page 2 of 3
depending on the exact benefit. A copy of the existing program is attached as Attachment 2.
The proposed program, which would be adopted by Resolution, has many similarities to the existing program. Both programs include a scoring system which examine similar criteria behind the water allocation. However, the revised program includes some modifications to the existing program:
1) The point values within the categories have been changed. 2) Under the previous program, an applicant needed to obtain 20 points in order to be eligible; once eligible, there was no limit on the amount of water which could be allocated. The proposed program nearly eliminates the minimum threshold (applicants would need only at least one point to obtain water), but also creates a sliding scale whereby the amount of water which may be allocated increases as more points are obtained. This eliminates an issue whereby businesses seeking negligible amounts of water were unable to obtain any water since they did not meet the point threshold. 3) The existing Business Retention category provides points if an existing business would relocate out of the City of Seaside without a water allocation. This has been modified to simply provide points for established Seaside businesses, with more points available the longer their tenure in the City. This eliminates a potential concern whereby existing businesses had an incentive to explore relocation in order to obtain points for water.
4) Rehabilitation (ie beautification) of existing properties, either through work on the facade or landscaping, have been broken out into a separate category which may be combined with work to expand existing buildings. This allows for points for beautification of the site instead of just the building. 5) In the current program, all applications must go to the Water Allocation Committee.
Under the proposed program, allocations below a certain threshold could be approved by staff, with larger requests for water being considered by the Water Allocation Committee. This will streamline the processing of minor water requests and better link the amount of water a business is eligible for to benefits to the community.
The amount of water which could be allocated would vary depending on the number of points obtained.
FISCAL IMPACT
There is no fiscal impact associated with this project.
ATTACHMENTS
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Item No. 10.A. Page 3 of 3
1. Resolution Small Business Water Allocation Program 2025-05-01
2. Attachment 2 Existing Commercial Projects Program
Reviewed for Submission to the City Council by:
____________________________________
Greg McDanel, City Manager
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Meeting Date: x/xx/xx
Item #: X.X.
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE ADOPTING
A WATER ALLOCATION PROGRAM FOR SMALL BUSINESSES
WHEREAS, the City of Seaside wishes to support small businesses within its boundaries; and
WHEREAS, the City of Seaside City Council has allocated water to support the establishment, expansion, and renovation of small businesses in the City of Seaside; and
WHEREAS, on April 17, 2025, the City Council amended the Municipal Code to eliminate the City’s existing small commercial projects program, with the understanding that a new program would be presented to the Council prior to the Ordinance’s effective date; and
WHEREAS, the City Council desires to modify the procedures for the allocation of water for future projects in order to increase eligibility for the program as well as more closely align the amount of water provided with the benefits to the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside hereby adopts the Water Allocation Program for Small Businesses, attached as Exhibit “A,” to take effect on May 18, 2025.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 1st day of May, 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
APPROVED:
ATTEST: ________________________
Ian N. Oglesby, Mayor
City of Seaside
_____________________________
Dominique Davis, City Clerk
Attach:
Exhibit “A” – Water Allocation Program for Small Businesses Packet Page 390
City of Seaside Water Allocation Program for Small Businesses May 1, 2025
This Water Allocation Program for Small Businesses (the “Program”) applies to requests for a water allocation from the City of Seaside to support the expansion or establishment of small businesses, as defined herein. This Program shall not apply to properties located within the service areas of the Seaside Municipal Water Company or the Marina Coast Water District. This Program shall have an effective date of May 18, 2025.
Applicability
This Program shall be available only to commercial projects; institutional projects such as nonprofit or public projects shall not be eligible under this program.
Processing and Allocation
If the proposed project’s use requires a discretionary permit (such as a Use Permit) per Seaside Municipal Code, water credits shall be tentatively reserved at the time of application for that permit. If no discretionary permit is required, then water credits for a project shall be tentatively reserved at the time of application for a Building Permit. If no discretionary permit or Building Permit is required, the tentative reservation shall occur at the time of application for a Business License.
Requests for water credits shall be reviewed by the Community Development Department, and scored based on the criteria identified below. Depending on the score received, water may be allocated based on the amount of water needed.
The City shall have the right to recover any issued credits if the project is not pursued to completion. A Certificate of Occupancy shall be required in order to finalize the allocation of water.
The Community Development Department shall be responsible for tracking the total amount of water allocated under this Program and is authorized to pause the allocation of additional water if it appears that insufficient water remains to support additional projects.
The Zoning Administrator shall have the authority to enact such practices as deemed necessary and appropriate for the implementation of this Program, and to make interpretations regarding the provisions of this Program and how they may apply to individual circumstances.
All references to water allocations, water fixtures, and fixture units shall be interpreted in a manner consistent with current water allocation programs established by MPWMD.
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Scoring
Applications shall be scored as follows in Table 1. No more than one line in each category may be selected for points. More details on each category may be found below the Table.
Table 1. Water Allocation Program Scoring Criteria
Category Scoring Criteria
Number
of Points
Awarded
1-2 Full-Time Equivalent 1
3-5 Full-Time Equivalent 3
6-10 Full-Time Equivalent 4
New Job Creation
10+ Full-Time Equivalent 6
$1,000-$3,000/year 1
$3,001-$10,000/year 3
City’s Share of Revenue
Generation $10,001+/year 5
Location Located on Fremont, E Frontage, Del
Monte, or Broadway 4
Existing Building Façade Improvements
Only 1
Additional Landscaping of 10% or more
at an existing site OR replacement of all
existing landscaping with droughttolerant landscaping.
Rehabilitation 1
Both Façade and Landscaping
Improvements at Existing Site 3
Building Expansion of less than 1,000
square feet 1
Building Expansion of 1,001-5,000
square feet 3
Building Expansion of over 5,000
square feet 5
New building 1,000 square feet or less 4
New building 1,001-5,000 square feet 7
New Construction or
Expansion
New building greater than 5,000 square
feet 10
At least one full year 1
Established Business At least five full years 3
At least 10 full years 5
More details on each category may be found below:
1) New Job Creation. Based on the number of new jobs created only, calculated by comparing the number of Full-Time Equivalent (FTE) positions subtracted by the number of existing FTE positions. The existing FTE positions do not include those of any Packet Page 392
business which formerly operated at the same location. One FTE is equivalent to 40 hours of employee time, regardless of the number of employees. For example, one employee working 40 hours per week and four employees working 10 hours per week are both 1 FTE.
2) City’s Share of Revenue Generation. Based on the additional tax revenues which are expected to be received by the City of Seaside based on the new business activity.
Includes the City share of taxes paid such as (but not limited to) sales tax or property tax, but excludes fees due to the City (such as permit fees) or any payments to other entities. 3) Location. To be awarded points, the property must have a property line abutting Fremont Boulevard, E Frontage Road, Del Monte Boulevard, or Broadway Avenue and must have a vehicular or pedestrian access either on that street or on a frontage adjacent to the primary street. Properties with entrances on frontage opposite the primary streets only shall not be eligible for location points.
4) Rehabilitation. Only for projects which involve the rehabilitation of existing buildings or sites. Façade Improvements include items such as repainting, addition of architectural features, or other activities designed to enhance the appearance of the public-facing portion of the building. New landscaping improvements shall cover at least 10% of the site and shall not include existing maintained landscape areas, unless those areas are replaced with drought-tolerant landscaping. These categories may be combined with the Building Expansion activities in the New Construction or Expansion category but not with New Building activities in that category.
5) New Construction or Expansion. Additional square footage on a property with an existing building shall be considered to be a Building Expansion even if the additional square footage is not attached to an existing building. New construction includes development of a vacant lot as well as complete demolition of existing structures and construction of new buildings.
6) Established Business. Businesses shall receive points for operating with a physical location within the city limits of the City of Seaside for the time specified. Time of operation shall be determined utilizing Business License records unless another form of proof acceptable to the Zoning Administrator establishing a different date is provided.
Maximum Water Allocation
Table 2 below specifies the maximum amount of water that a business may obtain depending on the number of points scored:
Table 2. Maximum Allowable Water Allocation
Number of Points Zoning Administrator
Maximum
Water Allocation
Committee Maximum
0 Ineligible
1-5 0.02 0.1
6-10 0.1 0.2
11-17 0.2 0.4
18-25 0.5 1.0
26+ 1.0 No Maximum
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If the business is requesting an amount of water equal to or less than the amount provided in that column, the Zoning Administrator may approve the water allocation administratively. The allocation shall be provided if the points are met, and the Zoning Administrator shall limit their review to confirming the accuracy of the scoring.
If the business requests more water than the amount that can be approved by the Zoning Administrator, but the request is equal to or less than the amount which can be allocated by the Water Allocation Committee, then the Water Allocation may consider the request. In making a determination as to whether to allocate water to a particular project, the Water Allocation Committee may take into consideration any factors it deems pertinent, including the timeline for development, the advantages of the proposal to the community, and the amount of water remaining for allocation. The Water Allocation Committee may allocate less water than originally requested by the business.
When calculating the maximum allowable water allocation under Table 2, water previously allocated under this program shall be counted towards the maximum water allocation.
For the purposes of this program, decisions of the Zoning Administrator may be appealed to the Water Allocation Committee. Decisions of the Water Allocation Committee may be appealed to the City Council.
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Attachment 2: Existing Commercial Projects Program
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