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CITY OF
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City ouncil Staff Report Agenda Item No.
y p February 11, 2014
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3001, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
APPROVED:
TITLE: ADOPTION OF ORDf ANCE NO. 2014 -2 RELATING TO BEACH
FIRE RINGS
ABSTRACT:
On January 28, 2014, the City Council conducted first reading of Ordinance No. 2014 -2
relating to Beach Fire Rings. The City Council passed Ordinance No. 2014 -2 to second
reading at the February 11, 2014 meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2014 -2 relating to Beach Fire Rings.
FUNDING REQUIREMENTS:
Not applicable.
ENVIRONMENTAL REVIEW:
City staff recommends the City Council find the approval of the attached ordinance is
not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Alternatively, City staff recommends the City Council
find the approval of the attached ordinance is not a project under CEQA Regulation
Section 15061(b)(3) because it has no potential for causing a significant effect on the
environment.
ADOPTION OF ORDINANCE NO. 2014 -2 RELATING TO BEACH FIRE RINGS
February 11, 2014
Page 2
NOTICING:
This agenda item has been noticed according to the Brown Act (at least 72 hours in
advance of the meeting at which the City Council considers the item).
Submitted by:
Dave Ki
City Manager
Attachment: Ordinance No. 2014 -2
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA ADDING SECTION
11.08.060 TO CHAPTER 11.08 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO BEACH FIRE
RINGS
RECITALS
WHEREAS, the City of Newport Beach ( "City') is a tourist destination for millions
of in -state and out of state residents, and international visitors;
WHEREAS, many visitors are drawn to the City for our fresh air, clean ocean
water, and miles of pristine coast line;
WHEREAS, the City provides approximately 27 fire rings at Corona del Mar
State Beach and 33 fire rings on the Balboa Peninsula for the enjoyment of our
residents and visitors;
WHEREAS, the City recognizes the importance of beach recreation and the
cultural significance of fire ring use by both residents and visitors;
WHEREAS, the City understands the competing needs and interests of both
residents and visitors and is aware that fire rings are appreciated by many, but that the
use thereof may result in adjacent residential areas being exposed to unwanted odors
and emissions;
WHEREAS, the City has a compelling interest in the health, safety, and welfare
of both residents and visitors and wishes to prevent any use of fire rings that may
negatively affect beachgoers, residents, and the environment;
WHEREAS, the City believes there is no "one size fits all" solution for fire rings
and that every city and its residents should decide for themselves the best way to
manage fire rings in their jurisdiction; and
WHEREAS, the City desires to implement the regulations contained in this
ordinance for a fixed period of time to determine their effectiveness in improving
beachgoers and residents' experiences and overall impact on the environment.
NOW THEREFORE, the City Council of the City of Newport Beach does ordain
as follows:
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Section 1: Newport Beach Municipal Code Section 11.08.060 is added to
Newport Beach Municipal Code Chapter 11.08 to read as follows:
11.08.060 Use of Beach Fire Rings.
A. No person shall burn, ignite or otherwise set on fire any material in
a fire ring or fire pit, except natural wood, natural gas, fire log(s), or
charcoal.
B. To comply with South Coast Air Quality Management District
('SCAQMD') Rule 444, the City Manager may limit or prohibit the
burning of all materials in a fire ring or fire pit, except for a material
authorized by SCAQMD, provided that the City Manager notifies
the public of this restriction by placing a sign within 500 feet of the
fire ring(s) subject to this restriction. This Subsection (B) of Section
11.08.060 shall automatically sunset and be of no further effect as
of November 1, 2016.
C. For purposes of this Section, the following terms shall be defined as
follows:
1. 'Natural Wood' means the hard fibrous substance consisting
basically of xylem that makes up the greater part of the stems,
branches, and roots of trees and shall not include any material
that has been processed or treated including, but not limited to,
wooden pallets, books, newspapers, furniture, or construction
materials.
2. 'Natural Gas' means any hydrocarbon rich gas naturally found in
the atmosphere.
3. 'Fire Log' means any manufactured log constructed of sawdust;
sawdust and paraffin; or waste fiber from the oil palm.
4. 'Charcoal' means a carbon substance obtained as a residue
when wood or other organic matter is heated in the absence of
air.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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 or phrases be declared unconstitutional.
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Section 4: The City Council finds the approval of this ordinance is not subject
to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Section 5: 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 pursuant to
Charter Section 414, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 28 day of January, 2014, and adopted on the 11 day of
February, 2014, by the following vote, to wit:
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFIC
Aaron C. Harp, CityAtt6nfiLey
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Rush N. Hill, II
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