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HomeMy WebLinkAboutSS3 - Obstructions on Public Beaches9 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. 3S 3 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department Robert M. Luman, Chief of Police, 949 644 3701, RLuman @nbpd.org Dale Johnson, Captain, 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: Provide Staff input and direction so this item can be placed on the September 8, 2009, Agenda for Action. 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 August 11, 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 (NBMC 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 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 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. In response to concerns from residents, the proposed changes are provided for your consideration. • Changes to NBR — 11.08.010/11.08.020 August 11, 2009 Page 3 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 by: r OL ).- Qa�-� Dale Johns , Captain Patrol/Traffic Division Commander Attachment: Proposed Ordinance Submitted by: Rob rt M. Luman CHIEF OF POLICE 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 section is 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. 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 two 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 or law enforcement officer. (4) 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. 1 0 0 (5) 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 MA ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney A09 -00371 Tent & Umbrella 05.30.09 2 y3'v?L }: ".i �. I'm m/Yt ibJ.g_i r-o� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Police Department John Klein, Chief of Police, 644 3701, JKlein @nbpd.org Dale Johnson, Captain, 949 644 3720, DJohnson ®nbpd.org SUBJECT: CHANGE TO NBMC 11.08.010 -OBSTRUCTIONS ON PUBLIC BEACHES PROHIBITED ISSUE: Should the City Council approve changes to 11.08.010 NBMC prohibiting the use of certain shade type coverings on public beaches? RECOMMENDATION: Introduce the attached Ordinance amending Section 11.08.010 of Title 11 of the Newport Beach Municipal Code pertaining to recreational activities, and pass to second reading on June 9, 2009. DISCUSSION: Background: With the advent of new shade coverings, it has become apparent to staff and residents that more beachgoers are using "easy -up" devices and tent -style 60paratus 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 public safety personnel from clearly observing all areas of the beach for public safety concerns, including any illegal activities inside the enclosures, such as alcohol•tonsurnption or narcotics use. The shade coverings are also an eyesore to both visitors and residents alike, and prohibit- beachgoers from having an appropriate view of1he•.beach and water. These devices often take up considerable space on the beach that could otherwise be utilized by visitors. 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 upon any beach. • Ch�ge to NBMC — 11.08.010 May 26, 2009 Page 2 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 area. According to California State Parks employee, Ken Kramer, at Crystal Cove State Beach tents are prohibited, which they view as camping; 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 devices that occupy a tremendous amount of space and closely resemble "campsites" that add to the general overcrowding of the beach. The proposed changes are intended as a balance between the needs of the public for some measure of shade on the beaches, the overall aesthetics of perhaps the City's most remarkable natural resource, and the need to maintain unobstructed observation by City staff and 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, this proposed change would require the public to be 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. Most of the general public, when made aware of an existing ordinance, will comply with the regulations, and that is the expectation with this ordinance as well. City Ordinance NBMC 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. City Ordinance NBMC 11.08.020 prohibits the use of beach umbrellas that have a side wall attached thereto and requires beach umbrellas to, at all times, be fully exposed from all sides of the public view. 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. In response to concerns from residents, the proposed changes are provided for your consideration. Environmental Review: This Ordinance does not constitute a project under the California Environmental Quality Act. i 0 Change to NBMC — 11.08.010 May 26, 2009 Page 3 Public Notice: Notice of this item was noticed in accordance with the provisions of the Brown Act. Funding Availability: Minor costs associated with changing of the signs. Prepared by: K Dale Joh son, Captain Patrol Division Attachment: Proposed Ordinance Submitted by: w... ohn Klein CHIEF OF POLICE ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.08.010 OF TITLE 11 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RECREATIONAL ACTIVITIES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is 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), tent, canopy, awning, umbrella over six feet (61 tall, "easy -up" type shade covering or similar shade covering or device 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. The provisions of this section shall not prohibit the placement of beach an umbrella under six feet 6 tallumbr+eNas consisting of a fabric held on a collapsible frame of thin ribs radiating from the top of a single carrying stick post pole or handle sunseFee„s; shades or similar objeets in conjunction with the daytime use of any ocean beach, bay beach or tideland. SECTION 2: 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 3: 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 4: 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: Fi • • AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: David R. Hunt, City Attorney K • i ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.08.010 OF TITLE 11 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RECREATIONAL ACTIVITIES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section is 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), tent, canopy, awning, umbrella over six feet (6) tall, "easy -up" type shade covering or similar shade covering or device, 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. The provisions of this section shall not prohibit the placement of beach an umbrella under six feet (6') tall consisting of a fabric held on a collapsible frame of thin ribs radiating from the top of a single carrying stick, post, pole or handle, in conjunction with the daytime use of any ocean beach, bay beach or tideland. SECTION 2: 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 3: 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 4: 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: 1 • • AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: Leilani Brown, City Clerk APP OVED AS TO FORM: vim C . GG^- David R. Hunt, City Attorney 2 0 6 We know it's difficult for the Council to get to Big Corona and truly see what is going on with regard to tents on the beach. So, we are providing you with a small photo album with pictures taken during the last two weeks in July. This way you can, at your leisure, become more aware of the issues we are asking you to please consider when formulating the tent ordinance. PLEASE NOTICE THAT MOST VISITORS ARE USING EASY -UP CANOPIES WITHOUT SIDES. The information cards at the entrance to Big Corona are helping to educate visitors. When the sun starts down in the west, people are lowering two legs of their canopies to provide a 10' by 10' barrier to the sun. Some are hanging towels on the only one side that the sun comes from. It's working well. If people are allowed to cover two sides of their canopies, the two sides opposite one another or next to one another, a barrier is created and, it appears, the police officers and park patrol officers will have to walk the span of the beach to see into the easy - ups. Beach goers will also be deprived of the environment they have come to the beach to enjoy. Likewise, for half tents. These half domes block views as a full tent does, block ocean breezes, and require patrol officers to do extra patrolling to see into them. With regard to "see- through" tents, we believe this will certainly help our police officers to discover any illicit activities. However, if beach visitors are sitting behind "see- tbrough" tents, they are only see - through for those INSIDE of them. Sitting on the beach behind these tents requires people to attempt to see through two thick layers of netting and whatever else is inside the tents - -- tables, etc. To say nothing of the need for open space to allow the ocean breeze to do what people come to the beach for - - -to cool off. Police and Park Patrol officers will be able to do their jobs better without tents. We support no see - through tents and, therefore, avoiding campsites. Big Corona is % mile long, a very small expanse. Because of this, we are aware that the larger beaches on the Peninsula may not require this type of ordinance. Big Corona is not "big." It is encumbered with huge numbers of visitors with great density and what ever can be done for the environment and health and safety of all is much appreciated. Please provide an ordinance for Big Corona for no tents and one covered side only on easy -up canopies. Thank you for your help in this important issue. f;\ ��, :���, '�� ` r G Are OL . r ..J W-'. .fflp�. k d, C t '. i ., . � �'' t N ., gem 1,. t 9 <�: �e, C;. y }, � , "'� _. :�. =� .a•-- j. r '' r V ` L 4> x+ Density r =�s r 1. Zt cy 5 (I I ," ' N �I !Y Two legs dropped _- ' �' WE Two legs dropped L I y H i � I illITI 0 CD o CD b a 'I I' r. rt Six canopies attached k Five canopies attached Iff .. ' I.n [it -,=a :IL? _v M�� 4T- . -+ate r r 4 er-� - • f,