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HomeMy WebLinkAbout04 - Obstructions on BeachesCGC CI AGMNIJA NO. CITY 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: Backqround: 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, 2008 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: oa-t_ K. Q4V-.� Dale 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 polelnet, 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 2 MAYOR ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: O E OF THE CITY TAORNEY C David R. Hunt, City Attorney A09-00371 Tent & Umbrella 06.30.09 [c3 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: 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. co th�Manager or the provisions of this Code, no person.,-- , - written nsent of e Cit Deletes: 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 foilowing 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 personnels Deleted:. coverings. 0. Deleted: the .. Deleted: beach Fm acted: Not Highlight (5"The shade covering or group of shade coverings shall not be placed in .. - roonatted: Not Highrght proximity to beach fire rings so as to create a fire hazard. The Deleted:. j& 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. (Z) 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. SECTIONS: 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 2 Deleted: WNIe Deleted: (8) . The City Manager may waive lire Provisions of "a section for Guy Staff wNle engaged in official city activl8es.g Formatted: HlghGgM L] MAYOR ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney A09 -00371 Ten! & Umbrella 06.30.09 3 Authori ed to Publish Adverltxlncrus of all kinds Including public minces by Scope of the Superl a Court 4831 Jugc 11, 1963 y. C'aldornp l Ei1 /ED if Scptcmbcr 1901. and Ar2i8 ?I aunt Il. nly. PROOF OF PUBLICATfUff j -S AM P 02 STATE OF CALIFORNIA) CR ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: September 26, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 1, 2009 at Costa Mesa, California. /1 Signature AN o1 x11aTIEarl(0111110OFinaria MNV Wit AN91DN6 SUTI % 11.111.010 AOI I LOIN OF Clom 11.06 OF Tint I I Of TI0 11111111100111111 MAO1 NIAl1UAl CODE PMAN110 TO .1:11LT1Li�t�I�lel_ _a.�: f 1��i� he City Council of the City of Newport h- oes hereby or dam that certain Newport E - lumcquid Code sections are amended to - 1 full, as follows ICTION I:SeesNw 11 06.010 of Chapter 11.08 ilamended to read as follows. 1.00.0 10 Obstructions w Public beardless r.mbo.4. to person shall install. erecl, w place any sign ecreational equipment (such as volleyball adminton pole/net. portable play appa'.:- n0 trampoline). lance, lire pit w barbe, under encroachment on any public bay c temp, beach. tideland or park unless evil r permitted to do so by formal action ;i dy Council, the written consent of tht lanager, or the provisions of this Code. Excep' s provided in Section 11.08.020 of Chapter 1.08, the provisions of this section shall not fohibit the placement Of a shade covering icludmg, but not limited lo, umbrellas, can pies. tents or similar objects, an any ocean each, bay beach or tideland. FICTION 2:11scMsn I 08.020 of Chapter 11.08 amended to read as follows: ' 1. 08.020 User of Shale Coverings. Mass authorized or permitted to do so by srmal action of the City Council, the written onsent of the City Manager, of the provisions f this Code. no person shall erect, maintain r occupy a shade covering, which shall include. ut not be limited lo. umbrellas. canopies. tents r similar objects, or group of shade coverings. Much consists of two or more shade coverings, in any ocean beach, bay beach or tideland nless the following provisions are complied 11th: ro The dimensions any shale covering m roue of Shade coverings shall not exceed ne-hundred (100) square feet or six (6) last 2) The shade covering a group of shade overings shall have at least three sides Dmpletely open to public view. 3) The shade covering or group of shade Dverings shall not interfere with a lifeguard's billy to see the water or adjacent lifeguard fivers and any shade covering or group of hale coverings shall be relocated at the ?Quest of a lifeguard, law enforcement officer. r other authorized personnel. t) To allow for reasonable Ingress and egress n any ocean beach, bay beach or tideland. trade coverings or groups of shade coverings. Dnfigured to comply with the maximum size eslnction, shall maintain a five (5) loot eparation from other shade coverings or groups I shade coverings S) The shade covering or group of shade ovennjs shall not be placed in proximity to each lira rings so as to create a fire hazard. he reasonableness of proximity to the fee rings ill be determined by existing conditions Under 0 condition, shall " Sheila covering q group I shade coverings be within ten (10) feet of ny exposed fire. Any shade covering or group I shade coverings shall be relocated at the ,quest of a lifeguard, Fire Department offictal. i) The shade covering of group of shad it Dvenngs shall not obstruct any emergency Or u1shc access or, be located within fifty (50) let of any emergency or public access y) The shade Cover," or group of s, - Dvenngs shall only be erected, ma,tij ccumed during daytime hours (six an even pp m ) ICiION 0, It any sectioh. subsection. Senter.r Imust or phrase of this ordinance is. for any Nson, held to be invalid or unconstitutional, uch decision shall not affect the validity a Dnstitutlonalily Of the remaining portions of its ordinance The City Council hereby declares sat it would have passed this ordinance, and ach Section. Subsichon, clause Or phrase erect, Irrespective of the fact that any one or yore sections, subsections. Sentences. deters nd pphrases be declared unconstitutional 1Ci N i, The Mayor shall sign and tie fork Shall attest to the passage of rdinanee. The City Clerk shall cause the sni - e be published once in the ofhual newspapwl I the City, and it shall be effective thirty (30) ICTION S: This ordinance was introduced at regular meeting of the City Council of the ray of Newport Beach. held on the 8th day of eptember. 2009, and adopted on the 22nd day 1 September, 2009. by the following vote, to Hann, Bosansky, Sellch. Curry None