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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~ R32810A3.doc 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. R32810A3.doc 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. R32810A3.do¢ 4 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). R32810A3.doc 5 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. R32810A3.do¢ 6 (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. R32810A3.doc 7 (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. R32810A3,doc 8 ......... ~ ~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. R32810A3.doc 9 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. R32810A3.doc 10 (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: R32810A3.doc 11 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; R32810A3.doc 12 (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; R32810A3.doc 13 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 ...... , ....~,,~ ..,..,...~ ,~. ........ ,~ .... ,., ,..,;... R32810A3.doc 14 (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: R32810A3.doc 15 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. R32810A3.doc 16 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. R32810A3.doc 17 (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. R32810A3.doc 18 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 R32810A3.doc 19 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 R32810A3.doc 20 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 R32810A3 doc 21 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: R32810A3.doc 22 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 R32810A3.doc 23 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); R32810A3.doc 24 (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. R32810A3.doc 25 # '!. "~-"" --,-,-*; .... +" 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. R32810A3.doc 26 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. R32810A3.doc 27 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. R32810A3.doc 28 (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 R32810A3.doc 29 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. R32810A3,doc 3O 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. R32810A3.doc 31 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. ' R32810A3,doc 32 (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: R32810A3.doc 33 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: R32810A3.doc 34 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: R32810A3doc 35 (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. R32810A3.doc 36 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 R32810A3.doc 37 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. R32810A3.doc 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: R32810A3.doc