HomeMy WebLinkAbout025260 ORD - 04/15/2003AN ORDINANCE
AMENDING THE CITY OF CORPUS CHRISTI, TEXAS, DUNE
PROTECTION AND BEACH ACCESS REGULATIONS, AS ADOPTED
BY CHAPTER 10, BEACHFRONT MANAGEMENT AND
CONSTRUCTION, CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, REGARDING THE PERMITTING PROCESS FOR MASTER
PLAN DEVELOPMENTS, DUNE PROTECTION PERMITS,
BEACHFRONT CONSTRUCTION CERTIFICATES, AND CONCURRENT
DUNE PROTECTION PERMITS/BEACHFRONT CONSTRUCTION
CERTIFICATES, AUTHORIZED ANIMAL CONTROL MEASURES ON
GULF OF MEXICO BEACHES, RESTRICTIONS ON VESSELS
OPERATING FROM GULF OF MEXICO BEACHES, REGULATION OF
VENDORS ON GULF OF MEXICO BEACHES, REGULATION OF
BEACH FESTIVALS, AND EDITORIAL CHANGES; PROVIDING FOR
EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The titles of Appendix V, VIII, and XI to the City of Corpus Christi, Texas,
Dune Protection and Beach Access Regulations, Chapter 10, Beachfront Management
and Construction, Code of Ordinances, is revised to read as follows:
CHAPTER 10
BEACHFRONT MANAGEMENTANDCONSTRUCTION
APPENDICES
Appendix V
Flow Chart for Application Process for Dune Protection Permit or
Beachfront Construction Certificate Flow Charts and Application
Forms for Beachfront Construction Certificates and Concurrent
Dune Protection Permits/Beachfront Construction Certificate,-
Appendix VIII
Interlocal Agreement with in the City of Port Aransas and Nueces
County relating to the Mustang and North Padre Islands Beach
Parking Permit System~Reser~
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Appendix Xl 31 TAC Chapter 31 15 (Coastal Area Planning)
SECTION 2. Section 10-1, Code of Ordinances, is amended by adding definitions for
"Beach/Dune Rules," "habitable structure perimeter or footprint," "master plan," "master
planned development," "material changes," and "Planning Director" and revising the
definitions for "Department," "erosion area line," and "retaining wall" to read as follows:
Sec. 10-1. Definitions.
The following words and terms, when used in these regulations, shall have the following
meanings, unless the context clearly indicates otherwise.
Beach/Dune Rules means 31 TAC §§ 15.1 - 15.10.
Department means the Department of ~Development Services of the
City of Corpus Christi, Texas.
Dune complex or dune area means any emergent area adjacent to the waters of
the Gulf of Mexico in which several types of dunes are found or in which dunes
have been established by proper management of the area. In some portions of
the Texas coast, dune complexes contain depressions known as swales.
Erosion area line means an imaginary line projected landward from the
vegetation line into the future for a period of fifty (50) years bated on determined
by multiplying 50 years by annual historical erosion rates (based on ~N~termme~
by the University of Texas, Bureau of Economic Geology) or two hundred (200)
feet~ whichever is greater. The erosion area line is synonymous with the 'eroding
area boundary authorized m the deflnlbon of eroding area' in 31 TAC 15.2__.(31~
and as used in the City of Corpus Christi Dune Protection and Beach Acces[-~
Plan.
Habitable structure perimeter or footprint means the area of a lot covered by n
structure used or usable for habitation. The habitable structure perimeter or
footprint does not include incidental projecting eaves, balconies, qround-level
paving, landscaping, open recreational facilities (for example, pools and tennin
courts), or other similar features.
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Masterplan means a plan developed by the applicant in consultation with tho
General Land Office, the Office of the Attorney General, and the local
government, for the development of an area subiect to the beach/dune rules, a~
identified in 31 TAC 15.3 (relatin.q to Administration). The master plan shall fully
describe in narrative form the proposed development and all proposed land and
water uses, and shall include maps, drawings, and tables, and other information,
as needed. The master plan must, at a minimum, fully describe the .qeneml
geology and ,qeography of the site, land and water use intensities, size and
location of all buildings, structures, and improvements, all vehicular and
pedestrian access ways, and parking or storage facilities, location and desi.qn of
utility systems, location and design of an,/erosion response structures, retainir~
walls, or storm water treatment management systems, and the schedule for all
construction activities described in the master plan. The master plan shall
comply with the Open Beaches Act and the Dune Protection Act. The master
plan shall provide for overall compliance with the beach/dune rules, but may vary
from the specific standards, means and methods provided in the beach/dun~'~
rules if the degree of dune protection and the public's right to safe and healthy
use of and access to and from the public beach are preserved.
Master planned development means proposed development for which approval
is requested by submission of a master plan containing maps, drawin.qs,
narrative, tables, and other information about the proposed use of specific land
and/or water includin.q descriptions of uses and use intensities, building and/or
site improvement locations and sizes, relationships between buildinqs and
improvements, vehicular and pedestrian access and circulation systems, parking,
utility systems, storm water management and treatment systems, geography,
.qeolo~v. impact assessments, re.qulatory-approved checklist, and phasing.
Information in the master plan may be conceptual or detailed depending on th~
status of its regulatory approval.
Material chanqes means chanqes in project design, construction materials, or
construction methods or in the condition of the construction site which occur afte~
an application is submitted to the City or after the City issues a permit or
certificate. Material changes are those additional or unanticipated chanqes,
which have caused or will cause adverse effects on dunes, dune vegetation, or
beach access and use, or exacerbation of erosion on or adiacent to thn
construction site.
Planninq Director means the Assistant Director of Development Services, who
has also been desiqnated as Planning Director of the City of Corpus Christi, or
the Plannin,q Director's desi,qnee.
Retaining wall means a structure designed to contain or which primarily contains
material or prevents the sliding of land. Retaininq walls may collapse under th~.-
forces of normal wave activity.
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SECTION 3. Section 10-12, Code of Ordinances, is revised to read as follows:
Sec. 10-12. Areas exempt.
(a) These regulations apply to all private and public land within the city's corporate limits
and extraterritorial jurisdiction that lies seaward of the dune protection line and the
beachfront construction line except state or national parks, wildlife refuges, preserves,
or s!m!!~r stct~ or f~dcm! cr~s other designated state or national natural areas.
(b) Other than state or national parks, wildlife refuges, preserves, and similar areas,
these regulations apply to land owned by the State~mies, subject to the provisions
of the Texas Natural Resources Code, § 31.161 et seq.
SECTION 4. Section 10-16, Code of Ordinances, is revised to read as follows:
Sec. 10-16. Master planned developments.
~,~, Master planned development is authorized within the city's incorporated area and
extraterritorial jurisdiction (E.T.J).
~ Master planned developments will be authorized in accordance with the city's
zoning and platting ordinances, the Open Beaches Act, Chapter 61, Texas
Natural Resources Code, the Dune Protection Act, Chapter 63, Texas Natural
Resources Code, =,nd Subchapter I of Chapter 16, Texas Water Code, and the
General Land Office's beach and dune rules, 31 TAC §§ 15.1 - 15.10.
~ Master planned developments are approved by City Council ordinance. City
council may impose requirements more stringent than zoning and platting
requirements, and there are no time limitations on the city's part in administering
master planned developments.
(3) Master plans are adopted by the General Land Office as rules.
a. The City's ordinances authorizinq a master planned development am
subiect to review and comment by the General Land Office and Attorney
General under 31 TAC 15.3(s)(5), and certification by the General Land
Office under 31 TAC 15.3(t)(2).
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b. Before the General Land Office can certify the ordinances authorizinq ,q
master planned development, the General Land Office will publish notice
of its proposed certification in the Texas Re.qister, accept public comment,
and publish its final action in the Texas Register
(c) (b) Applications for master planned development ordinances shall be submitted to
the department of .... ; .... ,4,4 .... , ..... ,
(1) Minimum application requirements are the same as those required for a
concurrent dune protection permit/beachfront construction and certificate
applicatione (§ 15.3.s.(4) of the General Land Office Rules for Management of
the Beach/Dune System, 31 TAC §§ 15.1--15.10).
~ Within t-bree-6~twenty (20) working days, the 6k.~l~"mmem-Plannin.q Director
shall review the application for completeness. Any additional information needed
to complete the application shall be provided by the applicant before the
~¢actme~Plannin.q Director forwards the application to the General Land Office
and the Attorney General's Office.
(3) Once the ~-~l~m'-4cc~q~-Plannin.q Director determines that the application is
complete, it-the Plannin.q Director shall so advise the applicant and notify the
applicant of the scheduled ~Concurrent Beach/Dune
Committee meeting.
(4) Within tl:~%~ten (10) days of determining that the application is complete
the ~Plannin.q Director shall forward the completed application to the
General Land Office and the Attorney General's Office for review.
(5) Within ten-(46)-fifteen (15) working days of receiving the state's comments, if
any, or in any case no later than twenty-four (24) working days after forwarding
the application to the State, the 6k.~l~actme~Plannin.q Director shall forward
copies of the completed application, the State's comments, and City staff's
recommendation to the~ Concurrent Beach/Dune
Committee.
f6) The application will be scheduled at the next available regularly scheduled
~- ......... ~ ............... Concurrent Beach/Dune Committee meeting (five (5) to ten
(10) working days).
(7) The nl'~nnin,",
~ ......... ~ ............on Concurrent Beach/Dune Committee shall submit its
recommendation on the application to the City Council.
f8) Within twenty (20) to twenty-five (25) working days the City Council shall
approve or deny the application for master planned development ordinance,
unless additional information is requested by the City Council.
(9) A flow chart of this application process is illustrated in Appendix IV.
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(c) Within five (5) working days of the passage of the ordinance, the 6~l~m=tme~
Planning Director shall submit the approved ordinance to the General Land Office and
the Attorney General's Office. The General Land Office and Attorney General's Office
will approve or deny the master planned development within sixty (60) days of receipt of
the ordinance.
(d) When acting on a request for approval of a master planned development, the
¢e~Concurrent Beach/Dune Committee and the City Council will
consider:
(1) The development's potential effects on dunes, dune vegetation, public beach
use and access, and the applicant's proposal to mitigate for such effects
throughout the construction;
(2) The contents of the plan; and
(3) Whether any component of the development, such as installation of roads or
utilities, or construction of structures seaward of a dune protection line, will
subsequently require a permit or a certificate.
(e) An individual permit and/or certificate is not required, for individual lots or parcels
within approved master planned developments after adoption of master planned
developments, provided the individual development complies with the adopted master
planned development.
(f) If the master planned development does not comply with the requirements of these
regulations, the application shall not be approved.
SECTION 5. Section 10-18, Code of Ordinances, is revised to read as follows:
Sec. 10-18. Application process for beachfront construction certificates and
concurrent dune protection permit/beachfront construction certificates.
(a) Prior to submission of any ..... "-'-*--.-*~ ...... ;*
~- .......... ~. ....... or beachfront construction
certificate or concurrent dune protection permit/beachfront construction certificaten
application, the applicant is encouraged to confer with the Planning Director's
~-~- ............ ~- ......... ~ .......... ~.,,.~nt staff on an informal basis to discuss the
proposed application and its conformity with the comprehensive plan, the dune
protection and beach access plan, dune protection and beach access regulations, state
law and regulations, and the proposed development's relationship to surrounding
property, streets, exJstin,q drainageways patterns, existing and proposed utilities, etc.
(1) (b) In order to obtain a beachfront construction certificate, the applicant shall make a
beachfront construction certificate application, as outlined in Section 10-19(c) and
Appendices V.A. and V.B, if If-the proposed construction (including a dune walkover)
and the following three conditions are met:
(1) Is seaward of the Beachfront Construction line.
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(2) The City is not authorized to issue a Dune Protection Permit at the site of tho
proposed construction.
(3) The City is authorized to issue a Dune Protection Permit at the site of the
proposed construction, but a dune protection permit is not required, is not
(2) (c) Potential applicants proposing construction seaward of the dune protection line
may submit descriptions of proposed construction to the Planning Director of m..,.m
~. ....... ng
°"'~ '~ .... ~ ..... + as outlined in Appendix V,C.
1~ If the potential applicant seeks to establish that no permit is required the
description shall explain why.
(2) The Plannin,q Director ,-* r~l,~..i .... ,-I .,-I .... I ..... ~-
, v. r ......... ~ .......... r ....... shall determine whether
the construction requires a dune protection permit under these regulations or the
Planning Director of ,.i..,...: ....,~ ,~ .... i ....
. ,- ......... ~ .......... r...vnt may refer the application to the
Concurrent Beach/Dune Committee for such determination.
(3) Upon determination that a project does or does not require a dune protection
permit or that the application has been forwarded to the Concurrent Beach/Dune
Committee under these regulations, the Planning Director ~
dev~shall notify the potential applicant in writing of such action. The
applicant shall also be notified in writing of the final action of the ~
Committee.
(3) (d) If subsections/"~ ~-~ ~
, ' ] .... ~2)(b) and (c) above are not applicable, an full application
for a concurrent dune protection permit/beachfront construction certific~e, as outlined in
Section 10-19(d) and Appendices V.D. and V.E, shall be submitted by the person
proposing to conduct an activity for which a permit or certificate is required to the
del~qctmem Plannin.q Director, ~a~:+~.:,....., .... +~...... ~x wcrk'n'- '~ .... m.. ,~..~,.~...,.+ ~.~'"'...,I
................ ~' ............................ '~ ....... · .............. ~. ........ Withi.
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......... ~ ~J ................. ~ ..... ~'~ ................... , ...... ~ ................fO,":;a rd
· ~.~ ....... ~ .................. A flow chart
of this application process is illustrated in Appendix V.D.
~'~,., (e) Within three (3) working days of receipt of a beachfront construction certificate
application or concurrent dune protection permit/beachfront construction application, the
-~. ....... nt Plannin.q D rector shall review the application for completeness.
(1) If an application is incomplete, the Planning Director '-~
.......... · qg will notify the
applicant of the deficiencies and offer the applicant the opportunity to provide all
required information and drawings.
~ An application for a permit or certificate shall be deemed to have been
abandoned two (2) months from the date of filing for the permit, unless all
required information and drawings are provided before then.
(5) LO_An application shall be considered complete when information requested by
Planninq Director has been provided.
(6) (.q) W thin 3-five (5) days of determining that the application is complete the
DepaFtcr~Planninq Director shall forward the completed application and associated
information to the General Land Office and the Attorney General's Office for review.
(h) ~7~ W!th;'- !9 ..... ~';'-,- ,4 ..... ~ .... ~,,~,,
,,, ............. ~ ~,.j ............ § Upon receipt of the State's comments on a
beachfront construction certificate application submitted under subsection (1) of this
section, if any, or in any case not sooner than eleven (11) workin.q days after the
beachfront construction certificate application was sent to the General Land Office and
yG ' '
Attorne eneral s Office f -
or rev ew ,",c._' "-*--- +h.,,, 2,~ ..... k,'-'- ,4 ..... cF,,, ¢ ...... ,4;.. ,~,..
-~-~- ..................... the anmng Director shall ¢ ......
· ' review the completed application, the State's comments and.
(1) The Planning Director may issue the beachfront construction certificate, if thn
Plannin.q Director determines that the proposed construction, other than a dune
walkover (which is constructed under the dune walkover construction standard~
in the Texas General Land Office's Dune Protection and Improvement Manual for
the Texas Gulf Coast):
a. Is not seaward of the Erosion Area Line, Erosion Area Restriction Line.
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b. Is not located on an existing beach access or future beach access as
shown in an element of the City's Comprehensive Plan1 such as tho.
Transportation Plan or an applicable area development plan.
c. Does not functionally support or depend onI or otherwise relate to1
proposed or existing structures that encroach on the public beach.
d. Does not include a retaininq wall or impervious surface (if the proposed
construction is within 200 feet landward of the vegetation line).
(2) However, the Planninq Director shall forward the application1 the State'n
comments, and the City staff's recommendation to the Concurrent Beach/Dune
Committee, if the Planning Director finds that the proposed construction;
a. May be seaward of the Erosion Area Line, Erosion Area Restriction
Line.
b. May be located on an existinq beach access or future beach access an
shown in an element of the City's Comprehensive Plan, such as the
Transportation Plan or an applicable area development plan.
c. May functionally support or depend onI or otherwise relate to ,q
proposed or existing structures that encroach on the public beach.
d. Includes a retaining wall or impervious surface and is within 200 feet
landward of the vegetation line.
e. Includes a dune walkover which will not be constructed under the dunn
walkover construction standards in the Texas General Land Office's Dune
Protection and Improvement Manual for the Texas Gulf Coast):
(i) Within 10 fifteen (15) working days of receiving the State's comments on an
application for a concurrent dune protection permit/beachfront construction certificat~-~, if
any, or in any case not sooner than eleven (11) working days after the full application
was received by the General Land Office and Attorney General's Office for review nor
later than twenty-four (24) working days after forwarding the application to the State, ~he
Dep~,"tment Planning Director shall forward copies of the completed full application for a
concurrent dune protection permit/beachfront construction certificate, the State's
comments, and City staff's recommendation to the Concurrent Beach/Dune Committee.
.(jJ_W!thin 5 were!rig dayc cf receiving Upon receipt of the completed application, State's
comments, and the staff's comments, the Concurrent Beach/Dune Committee shall
approve or deny the application a concurrent dune protection permi'dbeachfront
construction certificate or beachfront construction certificate, unless additional
information is requested by the Committee. A flow chart of this application process is
illustrated in Appendix V.C.
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(9) (k) Within three (3)working days of the date the Planning Director or Concurrent
Beach/Dune Committee takes final action on an application, the Dep3,'tmsnt Planning
Director shall notify the applicant whether the permit-er-concurrent dune protection
permit/beachfront construction certificate or beachfront construction certificate was
approved or denied and what conditions, if any, were required by the Committee.
(10) I~_Notice of public hearings for Dun~ Prctccticn Pcrmitc and concurrent dune
protection permits/beachfront construction certificates or beachfront construction
certificates applications submitt:d in :cccrd3ncc with S:c. !0 19 before the Concurrent
Beach/Dune Committee shall be given by sending written notice to all owners of
property rendering the same for Nueces or Kleberg County taxes, whichever is
appropriate, located within two hundred (200) feet, within not less than ten (10) days
before any such hearing is held. Such notice may be served by depositing the same,
properly addressed and postage paid, in the United States Post Office.
SECTION $. Section 10-19, Code of Ordinances, is revised to read as follows:
Sec. 10-19. Contents of applications.
(a) Application forms may be obtained from the Planninq Director.
(b) All of the required information shall be submitted with the application before thn
application is considered submitted for approval. Incomplete applications shall be
returned to the applicant without action by the Planning Director or Concurrent
Beach/Dune Committee.
(c) For a beachfront construction certificate application under Section 10-18(b)1 tho
applicant shall submit five (5) copies of the beachfront construction certificate
application. The beachfront construction certificate application shall consist of:
(1) The name, address, phone number, and, if applicable, fax number of the
applicant, and the name of the property owner, if different from the applicant;
(2) A complete legal description of the tract and a statement of its size in acres or
square feet;
(3) A description of the proposed construction, including the number of proposed
structures and whether the structures are amenities or habitable structures;
(4) Whether the proposed construction will include a dune walkover and whether
the dune walkover will be constructed under the dune walkover construction
standards in the Texas General Land Office's Dune Protection and Improvement
Manual for the Texas Gulf Coast.
(5) The height of the lowest habitable floor of the proposed structures and
whether it is at or above the FEMA base flood elevation.
(6) A scalable site plan that includes the following:
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a. Legal descr ption of the tract, including, where applicable1 the
subdivision, block, and lot desi.qnat OhS.
b. Location of the property lines and a notation of the legal description of
adioinin.q tracts.
c. Location, footprint, and perimeter of the existinq and proposed
structures on the tract (the location, footprint, or perimeter of a proposed
structure is not required for proposed structures located landward of tho,
Dune Protection Line or Erosion Area Restriction Line, unless the
structure will be built within the ri.qht-of-way or easement that supports n
beach access way ).'
d. Location of proposed roadways and driveways on the tract (the location
of proposed roadways and driveways is not required for proposed
structures located landward of Dune Protection Line or Erosion Area
Restriction Line).
e. Location of any seawalls or any other erosion response structures on
the tract or any seawalls or other erosion response structures within 200
feet of the tract, which are located on the properties adioininq the tract.
f. Location of the Beachfront Construction Line, Dune Protection Line,
Ve.qetat on Line, Erosion Area Line or Erosion Area Restriction Line, mean
hi.qh tide ne, and mean Iow tide line.
.q. Location of any existinq beach access ways that are located either on
the property or adjacent to the tract.
h. Location of any future beach access ways, based on elements of tho
City's Comprehensive Plan, including the Transportation Plan or
applicable area development plan, that are located either on the property
or adiacent to the tract.
i. Location of any existing or proposed dune walkovers on the tract.
(d) For 2!! ....... ,4 ....*"'"*;""/~ ...... ,4 "'""" """~'~ a concurrent dune protection
permit/beachfront construction certificate, the applicants shall submit ten (10) copies of
the concurrent dune protection permit/beachfront construction certificate application.W~,l~
.... · ............. thu
.......... ~' ............~' ......... ~ .......... ~ ................ ~- ..... w~- .............) bu
................ ~'~- ......................................... The a cation shall consist
of:
(1) The name, address, phone number, and, if applicable, fax number of the
applicant, and the name of the property owner, if different from the applicant;
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(2) A complete legal description of the tract and a statement of its size in acres or
square feet;
(3) The number of proposed structures and whether the structures are amenities
or habitable structures;
(4) The number of parking spaces;
(5) The approximate percentage of existing and finished open spaces (those
areas completely free of structures);
(6) The floor plan and elevation view of the structure proposed to be constructed
or expanded;
(7) The approximate duration of the construction;
(8) A description (including location) of any existing or proposed walkways or
dune walkovers on the tract;
(9) A grading and layout plan identifying all existing and proposed structures and
paved areas, all elevations (in reference to the National Oceanic and
Atmospheric Administration datum), existing contours of the project area
(including the location of dunes and swales), and proposed contours for the final
grade;
(10) Photographs of the site which clearly show the current location of the
vegetation line and the existing dunes on the tract;
(11) The effects of the proposed activity on the beach/dune system which cannot
be avoided should the proposed activity be permitted, including, but not limited
to, damage to dune vegetation, alteration of dune size and shape, and changes
in dune hydrology;
(12) A comprehensive mitigation plan which includes a detailed description of the
methods which will be used to avoid, minimize, mitigate and/or compensate for
any adverse effects on dunes or dune vegetation; and
(13) An accurate map, site plan, or plat of the site identifying:
a. The site by its legal description, including, where applicable, the
subdivision, block, and lot;
b. The location of the property lines and a notation of the legal description
of adjoining tracts;
c. The location of the structures, the footprint or perimeter of the proposed
construction on the tract;
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d. Proposed roadways and driveways and proposed landscaping
activities on the tract;
e. The location of any seawalls or any other erosion response structures
on the tract and on the properties immediately adjacent to the tract;
f. If known, the location and extent of any man-made vegetated mounds,
restored dunes, fill activities, or any other pre-existing human
modifications on the tract;
g. If development is proposed to be located seaward of the dune
protection line, the erosion area line located on the grading and layout
plan; and
h. The location and extent of wetlands as requested by the City.
(14) For all proposed construction (large- and small-scale), if applicant already
has the following items and information, the applicant shall, in addition, submit
copy of a topo.qraph ca survey (two-foot contour intervals) of the site;
(b) (e) For all proposed large-scale construction, the applicants for either a beachfront
construction certificate or a concurrent dune protection permit/beachfront construction
certificate shall submit the following additional items and information:
(1) If the tract is located in a subdivision and the applicant is the owner or
developer of the subdivision, a certified copy of the recorded plat of the
subdivision, or, if not a recorded subdivision, a preliminary plat of the subdivision
certified by a licensed surveyor, and a statement of the total area of the
subdivision in acres or square feet;
(2) In the case of multiple-unit dwellings, the number of units proposed;
(3) Alternatives to the proposed location of construction on the tract or to the
proposed methods of construction which would cause fewer or no adverse
effects on dunes and dune vegetation or less impairment of beach access; and
(4) The proposed activity's impact on the natural drainage pattern of the site and
the adjacent lots.
(c) .(.O_For all proposed construction (large- and small-scale), if applicants for either a
beachfront construction certificate or a concurrent dune protection permit/beachfront
construction certificate already have the following items and information, the applicant
shall, in addition, submit with the other information required above:
(1) A ...... , ....~,,~ ..,..,...~ ,~. ........ ,~ .... ,., ,..,;...
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(3) The most recent local historical erosion rate data (as determined by the
University of Texas at Austin, Bureau of Economic Geology) (usually located in
the ~. ......... ~ --'-.~ .~--,,,~,-..-,-...-
.......... ~. .... nt Department) and the activity's potential impact on
coastal erosion; and
(d) 2.~)_A copy of the FEMA "elevation certificate."
(d) (g) For all proposed construction (large- and small-scale), the
~- ......... ~ .......... ,. ....... Planmnq Director shall provide to the State the following
information with applications for permits and certificates:
(1) A copy of the community's most recent flood insurance rate map identifying
the site of the proposed construction;
(2) A preliminary determination as to whether the proposed construction complies
with all aspects of the local government's dune protection and beach access
regulations;
(3) The activity's potential impact on the community's natural flood protection and
protection from storm surge; and
(4) How the proposed beachfront construction complies with and promotes the
local government's beach access policies and requirements, particularly, the
dune protection and beach access regulation's provisions relating to public beach
ingress/egress, off-beach parking, and avoidance of reduction in the size of the
public beach due to erosion.
SECTION 7'. Section 10-20, Code of Ordinances, is revised to read as follows:
Sec. 10-20. State Agency Comments.
Under §61.015(c) Texas Natural Resources Code and 31TAC 15.3(s)(6)(A), the
General Land Office and Attorney General's Office have 10 working days to comment
on a proposed application before a local government is authorized to act on an
application. The n..,...,.~....., of ~'"""~ .... ,~ r~ .... , ....
---,- .................... ~ .......... ,.,,,..nt Planning Director shall
forward the complete application, including any associated materials, to the General
Land Office and the Attorney General's Office. The Concurrent Beach/Dune
Committee may not act on the application sooner than 10 working days after receipt by
the state agencies. Thereafter, the permit or certificate may be issued or denied
regardless of whether the state agencies submit comments on the application.
SECTION 8. Section 10-22, Code of Ordinances, is amended by revising subsections
(a)(5) and (6), (d), and (e) and repealing subsections (f) - (I), to read as follows:
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Sec. 10-22. Terms and Renewal of Permits/Certificates.
(a) Permits or certificates shall be valid for the following periods:
(5) Permits or certificates involving master planned development project, if the
property on which the project will be constructed does not need to be platted and
a building, electrical, gas, mechanical, or plumbing permit is not required under
{}13-1 of the Code of Ordinances - ten years from the effective date of ordinance
adoptin.q the master plan issucnco cf the pormit or ce,'t, if!cctc.
(6) Permits or certificates involving large-scale construction project, if the
property on which the project will be constructed needs to be platted or a
building, electrical, gas, mechanical, or plumbing permit is required under §13-1
of the Code of Ordinances - te~-three_years from the later of the date of issuance
of the permit or certificate, the date of filing of the approved plat with the County
Clerk, or the date of issuance of the first building, electrical, gas, mechanical, or
plumbing permit by the Building Official.
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u,//~ For the purposes of this section, a plat is required for property located with the
extraterritorial jurisdiction of the City, if the property on which the project will be
developed is a portion of a tract of land that has been subdivided since the tract was
last platted or replatted, if the owner of the tract of land, at the time the property was
subdivided was required to file a plat under an applicable State law.
(~-)-(e) For the purposes of this section, a plat is required for property located within the
city limits, if the property on which the project will be developed is a portion of a tract of
land that has been subdivided since the tract was last platted or replatted.
SECTION 9. Section 10-23, Code of Ordinances, is revised to read as follows:
Sec. 10-23. Termination of permits/certificates.
(a) A permit or certificate is voidable if the Concurrent Beach/Dune Committee finds
that:
(1) The permit or certificate is inconsistent with state law, the beach/dune rules,
this subchapter or the city's comprehensive plan at the time the permit or
certificate was issued.
(2) A material change occurs after the permit or certificate is issued; or
(3) A permittee fails to disclose any material fact in the application.
(b) "Material change" includes, in the opinion of the Concurrent Beach/Dune Committee,
human or natural conditions which have adversely affected dunes, dune vegetation, or
beach access and use that either did not exist at the time of the original application, or
were not considered by the committee in making the permitting decision because the
permittee did not provide information regarding the site condition in the original
application.
(c) A permit or certificate automatically terminates if construction comes to lie within the
boundaries of the public beach by artificial means or by natural causes.
(d) Every permit or certificate1 which does not require the platting of property or
issuance of a buildinq, electrical, gas, mechanical, or plumbinq permit, becomes invalid
if the work authorized by the permit or certificate is not commenced within two (2)
months after the issuance of the permit or certificate.
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(e) Except for a master planned development proiect, every permit or certificate, which
requires the platting of property or issuance of a building, electrical, gas, mechanical, or
plumbin.q permit, becomes invalid unless the plat, if required, is filed and any required
buildinq, electrical, gas, mechanical, or plumbing permit obtained within six (6) month~
of the issuance of the permit or certificate.
(f) Every permit or certificate for a master planned development proiectl which requires
the platting of property becomes invalid unless the plat is filed within six (6) months of
approval of the permit or certificate.
(~1} Except for a master planned development project, any permit or certificate becomes
invalid if the work authorized by the permit or certificate is suspended or abandoned for
a period of six (6) months after the time the work is commenced.
(h) Any permit or certificate for a master planned development project becomes invalid if
the work authorized by the permit or certificate is suspended or abandoned for a period
of two (2} years after the time the work is commenced.
SECTION 10. Section 10-24, Code of Ordinances, is revised to read as follows:
Sec. 10-24. Administrative record.
(a) The~, [,.,~, i.~[~-* ~¢V' ~,~, ,, ,., ,]~l'~nni .... ..,,--'~--...v.v~..,,~,,. '~ .... ~ ..... * Planningl Director shall compile and
maintain an administrative record which demonstrates the basis for each final decision
regarding issuance or denial of a permit or certificate. The administrative record shall
include copies of the following:
(1) All materials received from the applicant as part of or regarding the permit or
certificate application;
(2) The transcripts, if any, or the minutes and/or tape of all meetings during which
the permit or certificate was considered; and
(3) All comments received regarding the permit or certificate.
(b) The ~Planninq Director shall keep the administrative record for three (3)
years from the date of a final decision on a permit or certificate. The depa~me~
Planning Director shall send to the General Land Office or the Attorney General's Office,
upon request by either agency, a copy of those portions of the administrative record that
were not originally sent to those agencies for review and comment. The ~
Planning Director shall provide to the permittee upon request copies of any materials in
the administrative record regarding the permit or certificate not submitted to the
Department by the permittee in the application.
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SECTION 11, Section 10-29, Code of Ordinances, is revised to read as follows:
Sec. 10-29. Mitigation of other adverse effects.
(a) The applicant bears the burden of proving no material weakening or damage of
dunes. If the Concurrent Beach/Dune Committee finds that no material weakening of
dunes or material damage to dunes will occur, as demonstrated by the applicant, the
committee shall then determine whether any adverse effects will result from the activity.
If the committee finds there will be adverse effects on dunes or dune vegetation
seaward of the dune protection line or in critical dune areas, the committee may issue a
permit only if the applicant demonstrates that adverse effects can be mitigated as
required by the mitigation sequence. If the committee issues a permit, it shall include
appropriate permit conditions incorporating the requirements of this article.
(b) The mitigation sequence consists of the following requirements.
( 1 ) Avoidance.
a. Avoidance means avoiding adverse effects altogether by not taking a
certain action or parts of an action. A permit shall not be issued allowing
any adverse effects on dunes or dune vegetation seaward of the Dune
Protection Line unless the applicant proves there is no practicable
alternative to the proposed activity, proposed site, or proposed methods
for conducting the activity, and the activity will not materially weaken the
dunes or dune vegetation. The permittee shall include information as to
practicable alternatives in the permit application.
b. To avoid adverse effects on dunes and dune vegetation seaward of the
dune protection line as required by subsection (b)(1)a. of this subsection,
permittees shall not:
1. Construct pipelines, except those that are exempt, seaward of
the dune protection line unless there is no practicable alternative;
2. Engage in any construction unless it is located as far landward
of dunes as practicable, except construction providing access to
and from a public beach;
3. Construct any road parallel to the beach within two hundred
(200) feet landward of the vegetation line, nor construct any other
road parallel to the beach unless it is located as far landward of
dunes as practicable;
4. Construct new artificial channels, including storm water runoff
channels, unless there is no practicable alternative; or
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5. Cause any such adverse effects for which the Concurrent
Beach/Dune Committee determines there is a practicable
alternative that would avoid such adverse effects.
(2) Minimization.
a. Minimization means minimizing effects on dunes and dune vegetation
by limiting the degree or magnitude of the action and its implementation.
Permittees shall minimize adverse impacts to dunes and dune vegetation
by limiting the degree or magnitude of the action and its implementation. If
the Concurrent Beach/Dune Committee determines that adverse effects
on dunes or dune vegetation seaward of the dune protection line cannot
be avoided, it may issue a permit allowing the proposed alteration,
provided that the permit contains a condition requiring the permittee to
minimize such adverse effects to the greatest extent practicable.
b. To minimize unavoidable adverse effects as required by subsection
(b)(2)a. of this section, permittees shall:
1. Locate non-exempt pipelines across previously disturbed areas,
such as blowout areas, and minimize disturbance of dune surfaces
where use of previously disturbed areas is not practicable;
2. Minimize construction and pedestrian traffic on or across dune
areas to the greatest extent practicable, accounting for trends of
dune movement and beach erosion in that area;
3. Route all pedestrian access to and from beaches through
washover areas or over elevated walkways, and conspicuously
mark all such access that is public with permanent signs so
indicating;
4. Minimize the number of private access ways from any proposed
subdivision, multiple dwelling, or commercial facility. In some
cases, the minimum beach access may be only one (1) access
way. In determining the appropriate grouping of access ways, the
Concurrent Beach/Dune Committee shall consider the size and
scope of the development;
5. Post signs in areas where pedestrian traffic is high explaining
the functions of dunes and the importance of vegetation in
preserving dunes;
6. Where practicable, provide vehicular access to and from
beaches by using existing roads or from roads constructed in
accordance with subsection (b)(1)b.3. of this section, unless public
beach access is restricted, and where possible, improve existing
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access roads with elevated berms near the beach that prevent
channelization of floodwaters;
7. Where practicable, locate new beach access roads ~n washover
areas, blowout areas or other areas where dune vegetation has
already been disturbed, construct such roads along the natural land
contours, and minimize their width;
8. Where practicable, locate new beach access roads at an oblique
angle to the prevailing wind direction;
9. Prohibit persons from using or parking any motor vehicle on,
through, or across dunes outside designated access ways;
10. Maximize use of natural or existing drainage patterns when
providing for storm water runoff and retention; and
11. Locate and construct new artificial storm water runoff channels
and retention basins so as to avoid erosion and unnecessary
construction of additional channels and to direct all runoff inland
and not to the Gulf of Mexico through dune areas.
(3) Mitigation.
a. Mitigation means repairing, rehabilitating, or restoring affected dunes
and dune vegetation. Where adverse effects on dunes and dune
vegetation can not be avoided or minimized, the Concurrent Beach/Dune
Committee shall set appropriate permit conditions requiring that
permittees repair, rehabilitate, or restore affected dunes to the same
volume as the pre-existing dunes and dune vegetation so that affected
dunes will be superior or equal to the pre-existing dunes in their ability to
protect adjacent public and private property from potential flood damage,
nuisance, and erosion and to protect natural resources. The committee
shall consider the comments of the General Land Office, federal and state
natural resource agencies, and dune vegetation experts in determining the
appropriate mitigation method.
b. Permittees may mitigate adverse effects on dunes using vegetative or
mechanical means. Permittees shall:
1. Restore dunes to approximate the naturally formed dune
position or location, contour, volume, elevation, vegetative cover,
and sediment content in the area;
2. Allow for the natural dynamics and migration of dunes;
3. Use discontinuous or continuous temporary sand fences or a
Concurrent Beach/Dune Committee approved method of dune
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restoration, where appropriate, considering the characteristics of
the site; and
4. Restore or repair dunes using indigenous vegetation that will
achieve the same protective capability as or greater capability than
the surrounding natural dunes.
c. In authorizing or requiring restoration of dunes, the Concurrent
Beach/Dune Committee shall give priority to stabilization of blowouts and
breaches. Before permitting stabilization of washover areas, the
committee shall:
1. Assess the overall impact of the project on the beach/dune
system;
2. Consider any adverse effects on hydrology and drainage which
will result from the project; and
3. Require that equal or better public beach access be provided to
compensate for impairment of any public beach access previously
provided by the washover area.
(4) Compensation.
a. Compensation means compensating for effects on dunes and dune
vegetation by replacing or providing substitute dunes and dune vegetation.
Compensation consists of replacement of the affected dunes or dune
vegetation on the site where the dunes and dune vegetation were
originally located. The Concurrent Beach/Dune Committee shall set
appropriate permit conditions requiring permittees to compensate for all
adverse effects on dunes and dune vegetation that can not be avoided,
minimized, or otherwise mitigated. In setting appropriate conditions, the
committee shall consider the recommendations of the General Land
Office, federal and state natural resource agencies, and dune vegetation
experts. Preference shall be given to stabilization of blowouts and
breaches.
b. Permittees shall follow the requirements of subsections (3)b.--c. and
(4)e.3.--5. of this subsection when replacing dunes or dune vegetation.
c. On-site compensation consists of replacement of the affected dunes or
dune vegetation on the site where the dunes and dune vegetation were
originally located. Permittees shall locate compensation efforts on the
construction site, where practicable.
d. A permittee may locate compensation efforts off the construction site if
the permittee demonstrates that:
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1. On-site compensation is not practicable;
2. The off-site compensation will be located as close to the
construction site as practicable;
3. The off-site compensation has achieved a 1:1 ratio of proposed
adverse effects on successful, completed, and stabilized restoration
prior to beginning construction; and
4. The permittee has notified FEMA, Region 6, of the proposed off-
site compensation.
e. Permittees shall provide the following information when proposing off-
site compensation:
1. The name, address, phone number, and fax number, if
applicable, of the owner of the property where the off-site
compensation will be located;
2. A legal description of property intended to be used for the
proposed off-site compensation;
3. The source of the sand and dune vegetation to be used;
4. All information regarding permits and certificates issued for the
restoration of dunes and dune vegetation on the compensation site;
5. All relevant information regarding the success, current status,
and stabilization of the dune restoration efforts on the
compensation site;
6. Any increase in potential flood damage to the site where the
adverse effects on dunes and dune vegetation will occur and to the
public and private property adjacent to that site; and
~.. 7..~_ The proposed date of initiation of the compensation.
f. Permittees shall compensate for adverse effects on dune vegetation by
planting indigenous vegetation on the affected dunes. Permittees may not
remove existing vegetation from property not owned by the permittee
unless the permittee includes in the permit application written permission
from the property owner. The permit application must identify the source of
any sand and vegetation which will be used in compensation.
g. Permittees shall begin compensation prior to or concurrently with the
commencement of construction. If compensation is not to be completed
prior to commencement of construction, the permittee shall provide proof
of financial responsibility in an amount necessary to complete the
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compensation, in the form of an irrevocable letter of credit, performance
bond, or any other instrument acceptable to the city.
h. Permittees shall notify the Department cf "~"'-'-; .... ,~ ,~ .... ~ .... ·
~ ......... ~ .......... r- ....,"lt In
writing of the actual date of initiation within ten (1 O) working days after
compensation is initiated. If the permittee fails to begin compensation on
the date proposed in the application, the permittee shall state the reason
for the delay. The Concurrent Beach/Dune Committee shall take this
reason into account when determining whether a permittee has violated
the compensation deadline.
i. Permit'tees shall conduct compensation efforts continuously until the
repaired, rehabilitated, and restored dunes and dune vegetation are equal
or superior to the pre-existing dunes and dune vegetation. These efforts
shall include preservation and maintenance pending completion of
compensation.
j. A compensation project is deemed complete when the position, contour,
volume, elevation, and vegetative cover of the restored dunes are equal or
superior to the pre-existing dunes and dune vegetation.
k. The dep3dment of p!cnning ~nd devc!opment Planning Director shall
provide written notification to the General Land Office upon determining
that the compensation is complete. If the deffa~me~t-Plannin.q Director
does not receive an objection from the General Land Office regarding the
completion of compensation within thirty (30) days after the General Land
Office is notified in writing, the deffactme~Plannin.q Director may certify to
the permittee that the compensation is complete.
I. The permittee shall be deemed to have failed to achieve compensation
if a 1:1 ratio has not been achieved within three (3) years after the
beginning of compensation efforts.
SECTION 12. Section 10-36, Code of Ordinances, is revised to read as follows:
Sec. 10-36. Required findings.
Before issuing a certificate authorizing proposed construction, the Concurrent
Beach/Dune Committee must find that the construction is consistent with these
regulations. Construction is inconsistent with these regulations if it:
(1) Reduces the size of the public beach in any manner, except for man-made
vegetated mounds and dune walkovers constructed in compliance with the
requirements of these regulations;
(2) Closes any existing public beach access or public parking area, unless
equivalent or better public access or public parking is established as required in
section 10-37 of this article (dedication of equivalent or better access);
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(3) Cumulatively, directly or indirectly impairs or adversely affects public use of or
access to and from a public beach, including failure to comply with any
requirements of article VI of these regulations (management of the public beach)
unless equivalent or better public access or parking is established as required in
section 10-37 of this article (dedication of equivalent or better access); or
(4) Fails to comply with any requirements of article III of these regulations
(requirements for dune protection permits) or article V of these regulations
(concurrent requirements for dune protection permits and beachfront construction
certificates).
(5) Functionally supports or depends on or is otherwise related to proposed or
existing structures that encroach on the public beach, regardless of whether the
encroaching structure is on land that was previously landward of the public
beach. This provision shall not be construed to prevent construction or
reconstruction of structures or facilities landward of the concrete seawall nor
those structures or facilities that are functionally dependent on the concrete
seawall or are associated with the concrete seawall nor shall this provision be
construed to prevent repair or maintenance of the concrete seawall.
SECTION 13. Section 10-52, Code of Ordinances, is amended by repealing the note
following subsection (a) and revising subsections (a), (c), and (f), to read as follows:
Sec. 10-52. Designation of Access Ways, Parking Areas, and Beaches Closed to
Motor Vehicles.
(a) The following areas are designated as public vehicular access ways to and from the
public beaches within the jurisdiction of the City of Corpus Christi.
Christi. The cther Several beach accessways are on property owned and operated as
parks or nature areas ~' .... ~,~,, ,~,,,~,--,,~,~ +,, ,,r ,,, ,,,.~,~o~,~ y Uueces County
....................... ~. ......... b or have
been constructed on State or Federal lands. All beach accessways are located within
................. j ......... on, except Beach Access Road
#1, which is within the City of Port Aransas.
(c) In accordance w~th .......... Texas Natural Resources Code~ § 61.022, the city may
prohibit vehicular traffic on any portion or all of the public beach within its jurisdiction for
public safety purposes.
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# '!. "~-"" --,-,-*; .... +" 5c "'"""'~ * ....~';"'"" The City has acquired acres of land
adjoining and landward of the seawall for construction of a public parking lot for at least
300 parking spaces
SECTION 14. Section 10-55, Code of Ordinances, is revised to read as follows:
Sec. 10-55. Post-storm assessment.
The Concurrent Beach/Dune Committee shall assess the status of the public beach
boundary within thirty (30) days after a major storm or other event causing significant
landward migration of the public beach. After the assessment, the committee shall
inform the City Council, General Land Office and the Attorney General's Office of any
encroachments on the public beach within ten (10) days of completing the assessment.
SECTION 15. Section 10-56, Code of Ordinances, is amended by deleting subsection
(c).
Sec. 10-56. Beach closures.
SECTION 16. Section 10-59, Code of Ordinances, is amended by adding subsections
(d) and (e), to read as follows:
Sec. 10-59. Animal control.
(d) The City Manager, or the City Manager's designee, is authorized to prohibit all
animals on portions of the beach durinq specified periods, including, but not limited to,
high use periods, such as durinq Sprinq Break, holiday weekends, and special events,
and in areas desiqnated as animal free zones.
(e) The City Manager, or the City Manager's des qnee, is authorized to prohibit animals,
which are not on a leash, on portions of the beach during high use periods, such as
durinq Spring Break, holiday weekends, and special events.
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SECTION 17. Section 10-60, Code of Ordinances, is revised to read as follows:
Sec. 10-60. Monitoring.
The Concurrent Beach/Dune Committee or the General Land Office may require a
permittee to conduct or pay for a monitoring program to study the effects on the public
beach of the permittee's coastal and shore protection project. The permittee shall notify
the General Land Office and the Department v, r- ......... ~ ..,,4
.......... ~. ...... t of any
discernible change in the erosion rate caused by the project.
SECTION 18. Section 10-61, Code of Ordinances, is amended by revising the
introductory clause to read as follows:
Sec. 10-61. Beach nourishment standards.
A beach nourishment project shall not be authorized unless the Concurrent Beach/Dune
Committee finds and the project sponsor demonstrates that:
SECTION 19. Section 10-62, Code of Ordinances, is amended by revising the
introductory clause to read as follows:
Sec. 10-62. Dune restoration standards.
Except as otherwise expressly provided in these regulations, the restoration of dunes on
a public beach shall not be authorized unless the Concurrent Beach/Dune Committee
finds and the project sponsor demonstrates that the following requirements are met.
SECTION 20. Section 10-63, Code of Ordinances, is amended by revising subsection
(a) to read as follows:
Sec. 10-63. Dune walkovers.
(a) Construction of dune walkovers or other beach access mechanisms which extend
out onto the public beach shall not be authorized unless the Concurrent Beach/Dune
Committee finds and the project sponsor demonstrates that the following requirements
are met.
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SECTION 21. Article VI of Chapter 10, Code of Ordinances, is amended by adding
Section 10-66 read as follows:
Sec, 10-66.~~.. Vessel operatin.q from Gulf beaches restricted.
(a) No person may operate a vessel, includin.q, but not limited to a motorboat, sailboat,
personal watercraft, kayak, windsurf board, or kite-surf board, on the Gulf of Mexicn
landward of the outer most line of breakinq waves, within 50 feet of any other vessel,
person, stationary platform or other obiect, except at headway speed;
(b) No person may operate a vessel on the Gulf of Mexico within 1,000 feet of th~.
shoreline or landward of the outer most line of breaking waves, that is towing a person
or persons on water skis, surfboards, or similar devices and no person while being
towed may en.qage in water-skiing, surfboarding, or similar activity that endanqers th~.
life or property of any person.
(c) No person may operate a personal watercraft from a beach on the Gulf of Mexico in
the followinq manner or under the followinq circumstances:
(1) Unless each person ridin.q on or towed behind the vessel is wearinq a U.S.
Coast Guard approved Type I, II, Ill, or V personal flotation device.
(2) If the vessel is equipped by the manufacturer with a lanyard type en.qin~.
cutoff switch, unless such lanyard is attached to the person, clothing, or personal
flotation device of the operator as appropriate for the vessel involved.
(d) The owner of a personal watercraft may not permit a person under 18 years of a.qe
to operate the personal watercraft in a manner prohibited by this section.
(e) No person may operate a motorboat of over 15 horsepower or a personal watercraft
from a Gulf of Mexico beach unless the person is at least 16 years old, unless:
(1) The operator Is accompanied by a person who is at least 18 years old; or
(2) The operator Is at least 13 years old and has successfully passed a boatin.q
safety course prescribed and approved by the Texas Parks and Wildlife
Department.
SECTION 22. Section 10-68, Code of Ordinances, is revised to read as follows:
Sec, 10-68. Gulf of Mexico beach vendors--Special regulations.
(a) No permit sh~!! may be issued to any vendor to operate his the vendor's business~
and no vendor sba!! may vend~ on any beach within the City along the Gulf of Mexico
shoreline or on the seawall except Mc fc!!cws: under the special regulations in this
section.
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(b) Vendors shall be permitted to operate upon the Gulf beaches in the City or on the
seawall fronting on the Gulf of Mexico, subject to the following restrictions and
regulations in '-'~'~;*~'-" +"'
38:
(1) The Director of Parks and Recreation may establish designated fixed vendor
sites for on Gulf beaches within the City and upon the seawall fronting on the
Gulf of Mexico, taking into account the following factors:
a. Primary historical use ~of the beach and the individuals who
normally use the beach at the specific location.
b. Pedestrian and vehicle traffic flows and congestion.
c. Availability of parking facilities.
d. Availability and location of permanent City contractual concessions and
other permanent facilities in the immediate vicinity.
(2) The designated fixed vendor sites "~-'-"
...... may be assigned in conjunction with
the issuance of any vendor permit, under this aCJr, le-section and Article I of
Chapter 38, to operate upon a Gulf beach or on the seawall.
a. Vendor sites may not be "reserved" in advance of permit issuance.
ninety-day~. No vendor assigned to a designated fixed vendor site sha!!
may vend in or at any other location on the Gulf beach or seawall, exr~
unless the vendor has a permit for the assigned-additional fixed vending
site.
(3) Designated fixed vendor sites sh=!! may be limited in size and number in
accordance with the considerations established ' ,-,,~-
~.-,~,~,.,,~' subdivision (1) of this subsection.
ser,~gn Vendor permits for vending sites located within any area that has been
leased by the City from the State of Texas require the approval of the Texas
General Land Office.
(5) ~.1.-. ,.~.-,F.;I~ ,,.*.,~li~,,~ ..,~;{- ~1~.~11 .-+,-,~ ,~ ,,~,~1 ;,~ Or ~'{'~'-'"'*';~'~' .-.F.o*r,,,~{-
w,"~"-'~,,...~.,,,'-+;,,-,,~ ~ ........ An apphcant for a vendor permit for vending sites located on
portions of the Gulf beaches, other than an area that is owned or leased by the
City, where the littoral owner has a property interest in the beach, must submit
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proof that the littoral owner has authorized the use of their portion of the public
beach for the vendor's proposed commercial activity.
(6) The Director of Parks and Recreation may adiust permit lengths and
temporarily relocate desiqnated fixed vendor sites on Gulf beaches as necessary
during construction work related to the North Padre Island Storm Damage
Reduction and Environmental Enhancement Proieet and durinq any beach
nourishment operations.
(7) The Director of Parks and Recreation may temporarily relocate designated
fixed vendor sites on Gulf beaches as necessary during beach festivals, if the
designated fixed vendor sites will interfere with the routing or control of vehicle
traffic.
(8) The following types of vendinq activities may be permitted at the designated
fixed vending sites:
a. Bait and tackle sales.
b. Food and beveraqe sales.
c. Sale or rental of beach amenities, such as suntan lotion, towels, t-shirts,
children's beach toys, umbrellas, beach chairs, and surfboards.
d. Vessel rentals.
(9) Vendors may not in any manner restrict the public from free access to and
use of the public beach and to the waters of the Gulf of Mexico, as required by
the Texas Open Beaches Act. While a vendor has the exclusive right to conduct
business at a desiqnated fixed vendinq site, the vendor must recognize and not
interfere with the rights of beach users to brinq to and use their own personal
property and equipment on the public beach, including, but not limited to,
umbrellas and chairs, regardless of whether the personal property or equipment
consists of items sold or rented by the vendor.
(10) Notwithstanding subdivision (9) of this subsection1 a vendor who has a
permit to lease vessels, including personal watercraft, sailboats, windsurf boards,
and kite sail boards, at a designated vessel launchinq and recovery site shall:
a. Clearly mark the boundary of the vessel launchinq and recovery area
with flaqs on the shoreline and buoys in the water.
b. Place the last set of buoys beyond the outermost breaking waves and
use a buoy color that contrasts with other buoys used to mark the area.
c. Instruct any person who rents a vessel from the vendor on the proper
procedures to use when leavinq and returning from the beach.
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d. Instruct any person who rents a vessel from the vendor on thn
re.qu at ohs in Section 10-66.
(11) Vendors, who lease vessels, may not in any manner restrict free access tn
the public beach and to the waters of the Gulf of Mexico by other vessel ownem
and operators. While a vendor has the exclusive right to lease vessels at .q
vessel launchinq and recovery site, the vendor must recoqnize and not interfere
with the ri.qhts of other vessels owners and operators to launch and recover
vessels at the site.
(12) Except when a vessel is leavinq or returnin.q to the beach, a vendor, who
lease vessels, may not in any manner restrict free access to the public beach
and to the waters of the Gulf of Mexico by swimmers or others using the public,
beach. The vendor may direct individuals who are in the water witl~in the vessol
launchin.q and recovery site to leave the site when a vessel is leaving or returnin.q
to the beach. ' '
(13) Vendors may not service or fuel vehicles or vessels on the beach or in tho,
Gulf waters, unless the vendor has a vehicle or vessel servicin.q plan that in
approved by the Director, Parks & Recreation, that will ensure that no fuels or
lubricants will be spilled on the sand or Gulf waters.
(14) No fixed site vendor or vending unit shall restrict, obstruct, or interfere with
vehicles operating on a Gulf beach.
(15) No vendor or vending unit shall obstruct the roadway portion of the beach,
which portion shall for purposes of this section be deemed a street.
(16) Fixed site vendors and vending units must be at least ten (10) feet from the
roadway portion of the beach while conducting business.
(17) Vendors may only vend from sunrise to sunset.
(18) Vendors must remove all equipment, vehicles, and temporary structuren
from the beach at the end of each business day.
(19) Vendors must remove or relocate their equipment, vehicles, and temporary
structures upon request and may not interfere otherwise with beach cleaning
operations.
(20) Vendors must take the followinq actions to control litter that may be created
from their operations includinq the following:
a. The vendor shall provide at least one trash receptacle at the
desi.qnated fixed vending site, which must be removed from the beach by
the vendor within thirty (30) minutes after the vendor has ceased vending
activities at the end of each business day.
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b. The vendor shall clean the designated fixed vendinq site, remove all
litter from the site and any litter that may have blown from the site, and
place all litter collected in a trash receptacle that is removed from tho.
beach within thirty (30) minutes after the vendor has ceased vendin,q
activities at the end of each business day.
c. The vendor shall clean the designated fixed vending site, remove all
litter from the site and any litter that may have blown from the site, and
place all litter collected in a trash receptacle at least every two houm
during the business day.
d. It is the duty of the vendor to prevent any litter on the desiqnated fixed
vendin,q site and to keep litter from being blown upon or being permitted to
come to rest upon other parts of the beach or any private property in tho
city.
e. Any material that is illegally dumped next to the vendor's trash
receptacles must be removed from the beach by the vendor.
f. All litter and other waste collected by the vendor or placed in thc.
vendor's trash receptacles must be properly disposed of.
.q. When notified by a City code enforcement official that the overflown
from any trash receptacle presents a health or safety hazard, the vendor
shall immediately clean up the location, install additional trash receptacles,
or arran,qe for more frequent removal of wastes from the beach.
(c) No permit shall be issued to any mobile vendor to operate the vendor's business and
no vendor shall vend upon or from any vehicle on a Gulf beach except subject to the
following restrictions and regulations in addition to other conditions imposed upon
vendors by this section:
(1) Mobile vending units shall be street-approved motor vehicles duly licensed for
operation upon public streets and roadways in accordance with the regulations of
the Texas Department of Public Safety and Texas Department of Motor Vehicles.
(2) Mobile vending units shall be 2ermitted to travel upon the roadway portions of
public beaches.
(2) (3) Vending units must remain mobile, unless the mobile vending unit is
stopped to complete a sale.
(4) Vending from a moving vehicle is prohibited.
(3) (5) No mobile vendor or vending unit sh~!! may restrict, obstruct, or interfere
with other vehicles operating on a Gulf beach. '
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(6) No mobile vending unit shall stop to vend in or otherwise obstruct the
roadway portion of the beach, which portion shall for purposes of this section be
deemed a street.
(7) Mobile vending units shall stop at least ten (10) feet from the roadway portion
of the beach for conducting business.
(4) (8) Vending shall be conducted from sunrise to sunset.
(5) (9) No mobile vendor shall vend or stop, stand or park his vehicle within
seventy-five (75) feet of any beach access road right-of-way lines as projected to
the Gulf of Mexico.
(6) (10) Mobile vending units:
a. Shall be equipped with a caution sign that can be extended horizontally
from the left side of the vehicle with letters not less than six (6) inches in
height spelling out the word CAUTION or SLOW.
b. Shall be fu-rth~-equipped with caution signs on the front and back
alerting oncoming motorists that children may be crossing near the
vehicle.
(11) The extendable caution arm on a mobile vending unit must be extended
whenever the unit is stopped for vending.
(12) All equipment installed in or on any vending vehicle shall be secured so as
to prevent movement during transit and detachment in the event of a collision or
sudden movement or stop. Loose utensils shall be securely stored whenever the
vehicle is moving.
(7) (12) No mobile vendor shall use any outcry, sound amplification device, or
other instrument which can be heard for a distance greater than five hundred
(500) feet to attract attention for vending nor shall any outcry, sound amplification
device or other instrument for attracting attention be used in any place or at any
time when vending is prohibited by this section.
(8) (13) Vending vehicles shall not exceed fifteen (15) miles per hour on a Gulf
beach while engaged in seeking customers.
(9~(14) Mobile vendors shall yield the right-of-way to all other types of traffic.
(15) Mobile vendin,q units may not vend within an area designated as a fixed
vending site if the vendor offers any items similar to the items sold or rented by
the permitted fixed site vendor.
(16) Mobile vendors on Gulf beaches may only sell:
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a. Bait and tackle sales.
b. Food and bevera.qe sales
c. Sale beach amenities, such as suntan lotion, towels, t-shirts, and
children's beach toys.
(17) Mobile vendors may not service or fuel vehicles on the beach.
(d) In addition to the restrictions and requ at ons in this section, vendors must comply
with any additional rules and restrictions imposed upon vendors by Article I of Chapter
38.
SECTION 23. Section 10-77, Code of Ordinances, is amended by revising subsection
(f) to read as follows:
Sec. 10-77. Pedestrian Safe Areas.
(f) No pedestrian safe area may be implemented until the location and perimeter design
has been submitted to the Texas General Land Office and Texas Attorney General, and
approved by the Texas General Land Office.
SECTION 24. Section 10-86, Code of Ordinances, is amended by revising subsection
(a)(1)) to read as follows:
Sec. 10-86. Beach User Fees.
(a) In order to establish and maintain beach-related services and facilities for the
preservation and enhancement of access to and from and safe and healthy use of
public beaches by the public, the following beach user fees are established:
(1) Beach Parking Permit. The City Manager shall prepare a fee schedule of beach
parking permits. This schedule shall be submitted to the City Council on an annual
basis during the preparation of the City's annual operating budget. Such The fees must
recover, to the extent possible, the City's costs of providing beach-related services, as
defined in Section 10-87.B. The parking permit fee schedule shall be filed with the City
Secretary, and copies shall be provided to the City Council. Any change in beach user
fees shall not go into effect until submitted to the Texas General Land Office and Texas
Attorney General, and approved by the General Land Office under §15.8(e) of Title 31
of the Texas Administrative Code.
SECTION 25. Section 10-88, Code of Ordinances, is amended by revising subsection
(a), deleting subsection (b), redesignating subsection (c) as subsection (b), and revising
the redesignated subsection (b) to read as follows:
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Sec. '10-88. Indirect Costa and Accounting.
(a) No more than 10% of beach user fee revenues shall be expended on reasonable
ir~q~ec~Ladministrative costs related to beach-related services, including costs
authorized in Section 10-87.C.1 and 2.
~v,/"~ -..~..: .... * ~ ....... ,., v.,...._;'~-'~ in In addition to any requirements in the Interlocal Agreements
(see Appendix VIII for copies of current interlocal agreements) between the City of Port
Aransas, Nueces County, Kleberg County and the City of Corpus Christi regarding
beach user fees, the Director of Financial Services shall send quarterly reports to the
General Land Office. The reports shall state the amount of beach user fee revenues
collected and itemizing how beach user fee revenues are expended. Beach user fee
revenues shall be maintained and accounted for so that fee collections may be directly
traced to expenditures on beach-related services. Beach user fee revenues shall not be
commingled with any other funds and shall be maintained in special accounts. Beach
user fee revenue expenditures shall be documented in a separate financial statement
for each different beach user fee. Beach user fee revenue account balances and
expenditures shall be documented according to generally accepted accounting
principles.
SECTION 26. Section 10-113, Code of Ordinances, is amended by revising subsection
(b) to read as follows:
Sec. 10-113. Application for permit--Filing; contents; fee.
(b) The application must be f led at least ...... . ,w, .orty-flve (45) days before the day
the beach festival is to begin.
SECTION 27. Section 10-114, Code of Ordinances, is amended by revising paragraphs
(9) and (11) to read as follows:
Sec. 10-114. Health, sanitation, and fire control requirementa.
In any application for a permit, in addition to the matters set out in section 10-113, the
promoter applying for a permit must agree in the application to provide and maintain the
following relating to health, sanitation, fire, security, and crowd and traffic control as
determined by the Director, Fire Marshall, City Health Officer, or Police Chief, for the
duration of the beach festival:
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(9) Adequate provision for traffic control, before, during, and after the event as
determined by the Police Chief, or the Chief's designee. ' · ,
Ch',ef's des "n~o w',!! determ,,no ,* ....... * ......... ,~ *,-. *..-,~ .... ,..., ..~,..,, ~....
(11) A(~efluate-The applicant must provide procedures and safeguards to keep
people attending the beach festival from damaging the dunes and dune
vegetation
SECTION 28. Section 10-115, Code of Ordinances, is amended by revising paragraphs
(4) and (9) and adding a new paragraph (11) to read as follows:
Sec. 10-115. Agreement as to use of public beach.
In any application for a permit to conduct a beach festival on any public beach, in
addition to the matters contained in sections 10~113 and 10-114, the promoter shall
agree to the further conditions and stipulations as follows:
(4) To provide a bond, or other similar monetary guarantee, in the amount of
twenty-five thousand dollars ($25,000) made payable to the city, subject to
approval by the City Attorney, to guarantee that any temporary or portable
buildings, structures, or improvements placed on such festival site are removed
and to further guarantee that garbage, trash, debris and refuse will be properly
disposed of and to guarantee that the festival site used by the promoter for
conducting the beach festival shall be restored to its former condition.
(9) That the promoter shall affirm and demonstrate show that the festival site is
accessible from existing beach access roads and that the festival will not block or
unduly interfere with beach access roads or the-normal beach traffic or interfere
with normal beach use by those not participating in the festival.
(11) That the promoter shall a.qree to reimburse the City for any costs incurred by
the City, including1 but not limited to traffic control1 extra patrol officers for crowd
control, solid waste collection, litter control1 and special si.qnage required for the
beach festival, as determined by the City Manaqer, or the City Manaqer's
designee.
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SECTION 29. Section 10-116, Code of Ordinances, is amended by adding a new
subsection (c) to read as follows:
Sec. 10-116. Review and processing of applications.
(c) Within 3 days of determininq that the application is complete the Director shall
forward the completed application and associated information to the General Land
Office and the Attorney General's Office for review. The Director shall consider th~.
State's comments, if any, if received at or before the public hearing held under Section
10-117.
SECTION 30. Section 10-118, Code of Ordinances, is amended by redesignating
paragraphs (6) and (7) as paragraphs (8) and (9) and adding new paragraphs (6) and
97) to read as follows:
Sec. 10-1'18. Denial of permit; grounds.
(a) A permit for a beach festival may be denied to an applicant by the City Council
where the Council, based on substantial evidence, finds as follows:
(6) That the beach festival will restrict beach access to or use of the public
beach;
(7) That the beach festival will adversely affect or threaten dunes or dune
ve.qetation;
(8) That the crowd control preparations specified in the application are insufficient
to limit the number of persons in attendance to the maximum number stated in
the application; or
(7) (9) That the promoter does not have adequate agreements with performers to
ensure with reasonable certainty that the persons advertised to perform will, in
fact, appear.
SECTION 31. This ordinance goes into effect upon approval of these amendments to
the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by the
General Land Office under §15.8(e) of Title 31 of the Texas Administrative Code.
SECTION 32. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
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definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION $$. A violation of this ordinance or requirements implemented hereunder
shall constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 34. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi. This ordinance shall
be effective upon approval of the Texas General Land Office and publication.
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That the foregoing ordinance was read, for the fi~'st,time and passed to its second
reading on this the %¢ 4'PUay of (/~.~¢._-k~ , 2003, by the follo)~ing vote:
Samuel L. Neal, Jr. ~/~/~),, ~¢~ Bill Kelly
Brent Chesney !~,1 ? RexA. Kinnison
Javier D. Colmenero -~j~ .~ Jesse Noyola
Melody Cooper ,~ ~' Mark Scott
Henry Garrett ~ ~_.
That the~_~,egoing orCinance wa,~ read for the second time and passed finally on this
the /~%Y of [ I Z:'~.~_~_.., . 20o3 bythe fo,owing vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this thi
ATTEST:
Armando Chapa
City Secretary
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
'
y of / ,2003.
I
APPROVED: 3rd day of April, 2003:
By:
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