READING AND ADOPTION
TO:
FROM:
FOR:
SUBJECT:
CITY OF YUCAIPA
AGENDA REPORT
Honorable Mayor and City Council
Ord. No. 406 Date: 5/23/2022 Item No. 2
First reading approved on 4/25/2022
(Daze)
Waive further reading and adopt Ord. No. 406
Approved By:/
Megan Wolfe, Director of Conminuinity Seivices
City Council Meeting of April 25, 2022 "
Amendment to Yucaipa Municipal Code Section 12.04.040 (Hours of Operation) (Continued fi•oni the April 11, 2022, City Council Meeting) REC0MMENDATION:
That the City Council approve first reading, by title only, as read by staff, of Ordinance No. 406, amending Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code regarding hours of operation, and find Ordinance No. 406 exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378 and 15061(b)(3).
DISCUSSION:
The Commnnuiity Services Department is responsible for the administration, pernnitting and approval of park use, and the Public Works Department is responsible for the enforcement of park guidelines and standards pursuant to Yucaipa Municipal Code (YMC) Chapter 12.04 City Parks. Both Departments are recommending a change in park hours due to an increase in public nuisance and vandalism related issues over the past year. The current hours of operation are: 'Wo person shall be in any City park facility bet\veen the hours of 10:00 p.m. and 6:00 a.m. of the following day, without an approved Facility Reseivation Permit." The recommended change would read "No person shall be in any City Park facility except between sunrise and sunset each day other than for use of lighted courts until 10:00 p.m. or unless a Facility Use Permit or Special Event Permit is obtained. I�Iotling in this section shall be construed to linmit the City's authority to close a City park and limit access during daytime hours as it deems appropriate, including but not linnited to when closure is necessary for maintenance."
The goal of the proposed amendment is to provide the Park Rangers and Sheriff s Department with the tools necessary to address public nuisance and vandalism related issues in City parks. The amendment also maintains access to organized sport organizations and others via the Facility Use and or Special Event Pernit process.
Upon Council approval staff will update park signage to reflect the changes made.
This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. Staff believes that tlmis Ordinance is not a "project" for purposes of CEQA, as that tern is defined by Guidelines Section 15378. Specifically, this Ordinance constitutes organizational or administrative activities of City gover inent that will not result in direct or indirect physical changes in the emironunent. (Guidelines Section 15378(b)(5)). Therefore, because it is not a "project," this -13-
Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or adiniiustrative activity which do not involve any conunitment to any specific project which may result in a potentially significant physical impact on the environment, this Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further; it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).
Based on the foregoing, staff recommends that the City Council find the ordinance exempt from CEQA.
FISCAL IMPACT:
There is no fiscal impact as a result of this item.
Attachment: Ordinance No. 406
f�
Approved by:
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ORDINANCE NO. 406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA AMENDING SECTION 12.04.040 OF CHAPTER 12.04 OF TITLE 12 OF THE YUCAIPA MUNICIPAL CODE REGARDING HOURS
OF OPERATION FOR CITY PARKS
WHEREAS, the City of Yucaipa is responsible for the administration, permitting, and approval of use of City parks, and the enforcement of park guidelines and standards pursuant to Municipal Code Chapter 12.04; and
WHEREAS, the City recognizes the benefit to the community of requiring that City parks be open during daylight hours unless a permit is obtained.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:
Section 1. Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code is hereby amended to read as follows:
"12.04.040. Hours of operation. No person shall be in any City Park facility except between sunrise and sunset each day other than for use of lighted courts until 10:00 p.m. or unless a Facility Use Permit or Special Event Permit is obtained. Nothing in this section shall be construed to limit the City's authority to close a City park and limit access during daytime hours as it deems appropriate, including but not limited to when closure is necessary for maintenance." Section 2. No other Amendments.
Except as otherwise expressly amended, the provisions of Chapter 12.04 of the Yucaipa Municipal Code shall remain in full force and effect without amendment.
Section 3. CEQA.
This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Ordinance constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)).
Therefore, because it is not a "project," this Ordinance is not subject to CEQA's requirements.
Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus -15-
this Ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).
Section 4. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof, or the validity or effectiveness of any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this Ordinance are declared to be severable from any other provision of this Ordinance, and to be severable from any other provision of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance.
Section 5. Effective Date.
This ordinance shall take effect thirty (30) days after the date of its adoption.
Section 6. Publication and Posting.
The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 406 amends Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code to read as follows: No person shall be in any City Park facility except between sunrise and sunset each day other than for use of lighted courts until 10:00 p.m. or unless a Facility Use Permit or Special Event Permit is obtained. Nothing in this section shall be construed to limit the City's authority to close a City park and limit access during daytime hours as it deems appropriate, including but not limited to when closure is necessary for maintenance.
PASSED, APPROVED and ADOPTED on this 23rd day of May 2022.
ATTEST:
Jennifer Crawford, City Clerk
APPROVED AS TO FORM:
David Snow, City Attorney
David Avila, Mayor
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