HomeMy WebLinkAbout04 - 04 - Obstructions on Public BeachesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
September 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Dale Johnson, Acting Chief of Police, 949 644 3720, DJohnson @nbpd.org
SUBJECT: CHANGES TO NBMC 11.08.010 (OBSTRUCTIONS ON PUBLIC
BEACHES PROHIBITED) AND NBMC 11.08.020 (USE OF
CONCEALING UMBRELLAS PROHIBITED)
ISSUE:
Should City Council adopt an Ordinance amending City of Newport Beach Municipal
Code Sections 11.08.010 and 11.08.020 to further regulate the use of shade coverings
on ocean beaches, bay beaches, and tidelands?
RECOMMENDATION:
Introduce Ordinance No. amending Sections 11.08.010 and 11.08.020 of
Chapter 11.08, City of the Newport Beach Municipal Code, to further regulate the use of
shade coverings on ocean beaches, bay beaches, and tidelands, and pass the
Ordinance to second reading on September 22, 2009.
DISCUSSION:
Background:
With the advent of new shade coverings, it has become apparent to staff and residents
that more beachgoers have begun to use "easy -up" devices and tent -style apparatus to
provide shade while visiting City public beaches. Many of these shade devices have
fabric sides, which either partially or completely enclose the covering. This enclosed
covering prohibits Police and other City personnel from clearly observing occupants of
these enclosures engaging in illegal activities, such as alcohol consumption or narcotics
use. These coverings are also an eyesore to both visitors and residents alike, and they
prohibit beachgoers from having an appropriate view of the beach and water. These
devices often take up considerable space on the beach that could otherwise be used by
other visitors.
Changes to NBMC — 11.08.010111.08.020
September 8, 2009
Page 2
Analysis:
As a comparison with neighboring jurisdictions, the Laguna Beach Municipal Code
(LBMC 18.04.020) prohibits the use of a tent upon any beach and prohibits awnings,
umbrellas, and covers over six feet tall or larger than six feet square on any beach. The
Huntington Beach Municipal Code (HBMC 13.08.051) prohibits any canopy in excess of
100 square feet, or any tent without at least two sides completely open to public view on
the beach. According to Ken Kramer, employee of the California State Parks, tents,
which are viewed as camping equipment, are not allowed at the Crystal Cove State
Beach; however, they do allow umbrellas and "easy -up" shade coverings that are not
fully enclosed on the State beach.
City staff has received numerous complaints from residents regarding their observations
of a proliferation of various shade coverings and devices on public beaches, which have
been described as "eyesores" to some, significantly obstructing the natural aesthetic
views of the ocean and beaches. These tents and shade coverings are often
accompanied by barbeques, beach furniture, and other equipment that take up a
tremendous amount of space and closely resemble "campsites" that add to the general
overcrowding of the beach. The proximity of the shade coverings to one another, set up
side by side, obstruct beachgoer's reasonable vision and access to the water or
facilities.
The shade devices are often set up near the fire rings or other exposed fire sources,
creating a serious fire hazard. At times, they are also placed in areas that can obstruct
the vision of City Lifeguards or at access points for emergency equipment.
The proposed changes to the Municipal Code are intended as a balance between the
needs of the public for some measure of shade on the City beaches, the overall
aesthetics of perhaps the City's most remarkable natural resource, and the need to
maintain unobstructed observation by City staff, as well as responsible members of the
public, of potential unlawful activity in often very crowded conditions.
Efforts to educate beachgoers about prohibited equipment on the beach, such as
barbeques, began in earnest last summer. Similarly, these proposed changes would
require the public to become educated concerning appropriate shading devices. These
education and enforcement efforts are further challenged by the limited resources of the
Police Department, the Recreation and Senior Services Department, and other City
staff, all of whom face competing priorities. It is likely that it will take several seasons of
education and enforcement to gain widespread compliance and fully realize a significant
improvement in this area.
NBMC Section 11.08.010 allows for the placement of beach umbrellas, sunscreens,
shades, or similar objects in conjunction with the daytime use of any ocean beach, bay
beach, or tideland. Section 11.08.020 prohibits the use of beach umbrellas that have a
Changes to NBMC — 11.08.010111.08.020
September 8, 2009
Page 3
side wall attached thereto and requires beach umbrellas to be fully exposed from all
sides of the public view at all times. The proposed changes will definitively clarify which
type of beach umbrellas are allowed, as the options available to consumers have
changed and may continue to change in the future.
The proposed ordinance will change the existing ordinance in the following ways:
• Restricts the size of shade devices or groups of shade devices to one
hundred (100) square feet and six (6) feet tall.
• Requires that three (3) sides of the shade device remain open,
allowing for one (1) attached side panel.
• Restricts the placement of the shade device(s) to allow unobstructed
vision of the ocean for Lifeguards.
• Mandates five (5) feet of space between each shade device or group
of shade devices.
• Prohibits the placement of shade devices near fire rings.
• Prohibits placement of shade devices near emergency access areas.
In response to concerns from residents, the proposed changes are provided for your
consideration.
Environmental Review:
The adoption of this Ordinance is not considered a project for purpose of the California
Environmental Quality Act.
Public Notice:
It will be necessary to edit City signage to include the changes to the Municipal Code.
Funding Availability:
Since this Ordinance will be addressed during normal Code Enforcement, Park Patrol,
Fire and Marine services, and Police enforcement, there will be no funding issues.
Prepared and Submitted by:
0 Johnso , Captain
Patrol/Traffic Division Commander
ACTING CHIEF OF POLICE
Attachment: Proposed Ordinance
ORDINANCE NO. 2009- .
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTIONS
11.08.010 AND 11.08.020 OF CHAPTER 11.08 OF
TITLE 11 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO OBSTRUCTIONS ON
PUBLIC BEACHES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code Sections are amended to read, in full, as follows:
SECTION 1: Section 11.08.010 of Chapter 11.08 is amended to read as follows:
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as
volleyball or badminton pole /net, portable play apparatus, and trampoline), fence,
fire pit or barbecue, or similar encroachment on any public bay beach, ocean
beach, tideland or park unless authorized or permitted to do so by formal action
of the City Council, the written consent of the.City Manager, or the provisions of
this Code. Except as provided in Section 11.08.020 of Chapter 11.08, the
provisions of this section shall not prohibit the placement of a shade covering
including, but not limited to, umbrellas, canopies, tents or similar objects, on any
ocean beach, bay beach or tideland.
SECTION 2: Section 11.08.020 of Chapter 11.08 is amended to read as follows:
11.08.020 Use of Shade Coverings.
Unless authorized or permitted to do so by formal action of the City Council, the
written consent of the City Manager, or the provisions of this Code, no person
shall erect, maintain or occupy a shade covering, which shall include, but not be
limited to, umbrellas, canopies, tents or similar objects, or group of shade
coverings, which consists of two or more shade coverings, on any ocean beach,
bay beach or tideland unless the following provisions are complied with:
(1) The dimensions of any shade covering or group of shade coverings shall
not exceed one - hundred (100) square feet or six (6) feet in height.
(2) The shade covering or group of shade coverings shall have at least three
sides completely open to public view.
(3) The shade covering or group of shade coverings shall not interfere with a
lifeguard's ability to see the water or adjacent lifeguard towers and any
shade covering or group of shade coverings shall be relocated at the
request of a lifeguard, law enforcement officer, or other authorized
personnel.
1
(4) To allow for reasonable ingress and egress on any ocean beach, bay
beach or tideland, shade coverings or groups of shade coverings,
configured to comply with the maximum size restriction, shall maintain a
five (5) foot separation from other shade coverings or groups of shade
coverings.
(5) The shade covering or group of shade coverings shall not be placed in
proximity to beach fire rings so as to create a fire hazard. The
reasonableness of proximity to the fire rings will be determined by existing
conditions. Under no condition, shall a shade covering or group of shade
coverings be within ten (10) feet of any exposed fire. Any shade covering
or group of shade coverings shall be relocated at the request of a
lifeguard, Fire Department official, or law enforcement officer.
(6) The shade covering or group of shade coverings shall not obstruct any
emergency or public access or be located within fifty (50) feet of any
emergency or public access.
(7) The shade covering or group of shade coverings shall only be erected,
maintained, or occupied during daytime hours (six a.m. to seven p.m.)
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the day of 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
E
ALI
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM:
OFF E OF THE CITY ATTORNEY
Z., C, y �"
David R. Hunt, City Attorney
A09 -00371
Tent 6 Umbrella 05. 3009
3
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTIONS
11.08.010 AND 11.08.020 OF CHAPTER 11.08 OF
TITLE 11 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO OBSTRUCTIONS ON
PUBLIC BEACHES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code sections acre. amended to read, in full, as follows: Deleted: is —�
SECTION 1: Section 11.08.010 of Chapter 11.08 is amended to read as follows:
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as
volleyball or badminton pole /net, portable play apparatus, and trampoline), fence,
fire pit or barbecue, or similar encroachment on any public bay beach, ocean
beach, tideland or park unless authorized or permitted to do so by formal action
of the City Council, the written consent of the City Manager, or the provisions of
this Code. Except as provided in Section 11.08.020 of Chapter 11.08, the
provisions of this section shall not prohibit the placement of a shade covering
including, but not limited to, umbrellas, canopies, tents or similar objects, on any
ocean beach, bay beach or tideland.
SECTION 2: Section 11.08.020 of Chapter 11.08 is amended to read as follows
11.08.020 Use of Shade Coverings.
written consent of the City Manager, or the provisions of this Code no person ., Deleted:N
shall erect, maintain or occupy a shade covering, which shall include, but not be
limited to, umbrellas, canopies, tents or similar objects, or group of shade
coverings, which consists of two or more shade coverings, on any ocean beach,
bay beach or tideland unless the following provisions are complied with:
(1) The dimensions of any shade covering or group of shade coverings shall
not exceed one - hundred (100) square feet or six (6) feet in height.
(2) The shade covering or group of shade coverings shall have at least three
sides completely open to public view.
(3) The shade covering or group of shade coverings shall not interfere with a
lifeguard's ability to see the water or adjacent lifeguard towers and any
shade covering or group of shade coverings shall be relocated at the
request of a lifeguard+., law enforcement officer, or other authorized, Deleted: or I
personnel Deleted:.
To allow for reasonable ingress and egress on any ocean beach. bay Deleted: the
beach or tideland. shade coverings or groups of shade coverings,,_ ...- Deleted: beach
configured to comply with the maximum size restriction shall maintain a Forrnatted: Not Highlight
five (5) foot separation from other shade coverings or groups of shade
coverings.
@@.The shade_ covering or group of shade coverings shall not be placed In .. - Formatted: Not Highlight
proximity to beach fire rings so as to create a fire hazard. The Deleted:.
(6) The shade covering or group of shade coverings shall not obstruct any
emergency or public access or be located within fifty (50) feet of any
emergency or public access.
(7) The shade covering or group of shade coverings shall only be erected,
maintained, or occupied during daytime hours (six a.m. to seven p.m.)
SECTION 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the _ day of 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Deleted: While I
Deleted: (8) . The Cey Manager may waive the
Omvisias of this section for City Staff while
engaged in official city acJiv:lies.tl
Formatted: Highlight
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney
A09 -00371
Tent & Umbre0a 06 30.09