HomeMy WebLinkAbout28 - Fuel for Beach Fire Rings; Ratification of the California Coastal Commission's Approved Fire Ring Plan for Newport BeachCTY OF
F
NEWPORT BEACH
City Council Staff Report
June 23, 2015
Agenda Item No. 28
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
PHONE: (949) 644 -3001
TITLE: Ordinance No. 2015 -21: Fuel for Beach Fire Rings; Ratification of the California
Coastal Commission's Approved Fire Ring Plan for Newport Beach
ABSTRACT:
The City and its 60 beach fire rings was required to comply with the South Coast Air Quality Management
District's (AQMD's) Rule 444 (Open Burning) in March 2014. On June 11th, 2015, the California Coastal
Commission gave approval (with conditions) to a plan that included charcoal and wood - burning rings in
Newport Beach. The plan also complies with AQMD Rule 444. Staff seeks formal Council ratification of
the plan, as well as additional public awareness of it. Additionally, the Commission's approval necessitates
small changes to the City's Municipal Code regarding fuel for beach fire rings.
RECOMMENDATION:
a) Authorize the City staff to implement the fire rings plan as approved by the California Coastal
Commission on June 11. 2015: and
b) Introduce Ordinance No. 2015 -21, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Section 11.08.060 of Chapter 11.08 of the Newport Beach Municipal Code Relating to
Beach Fire Rings, and, if approved, pass to second reading onJuly 14, 2015.
FUNDING REQUIREMENTS:
Funding to implement the plan (about $165,000, which includes $110,000 in new funding) has been
included in the FY 15 -16 budget, although some one -time costs for signage and construction of the ADA
rings may come from residual fund balance in the FY 14 -15 budget.
DISCUSSION:
BACKGROUND:
Please see the staff report from the January 13, 2015 City Council meeting for additional and detailed
background information.
Following many months of community input and stakeholder discussion, City staff presented a consensus
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fire ring plan ( "Plan ") to the California Coastal Commission on June 11, 2015.
The Plan was a result of discussions with individual Council members representing the districts where fire
rings reside (Ms. Dixon and Mr. Peotter), community members, Coastal Commission staff members,
representatives of Friends of the Fire Rings, AQMD staff and others. The Plan has also been discussed in
the context of settling legal issues between the City and Friends of the Fire Rings. The Plan is shown as
Attachment A.
The Plan was approved with conditions by the Commission on a 9 -1 vote, although the Commission
directed that the City work with the California Department of Parks and Recreation (DPR) to address some
of DPR's concerns about aspects of the proposed Coastal Development Permit (CDP) that could carry
forward onto DPR's property at Corona del Mar State Beach.
The City operates CdM State Beach via an operating agreement with DPR. The Agreement, among other
things, requires the City to seek and obtain approval for construction and other projects prior to project
implementation at the beach. Staff has proceeded to work with the Coastal Commission staff and DPR's
local representatives to address these concerns. The Commission's executive director may approve
whatever successful outcome is reached between the City and DPR. This aspect of the Commission's
approval does not affect implementation of the Plan at the Dunes or the areas around the Balboa Pier.
Following formal Council approval, City staff will continue to move to complete the standard and special
conditions that Coastal requires prior to issuing a CDP. With the CDP in hand, we will implement the
changes to the fire ring layouts, including constructing the ADA rings, moving rings, installing signage, and
securing appropriate vendors and /or vending machines for charcoal and wood.
Regarding the proposed ordinance (Attachment B), the code revisions under consideration make small
changes to the City's current code on fuel for fire rings. These changes include eliminating a sunset
provision that would have made the section expire in 2016 as well as clarifying that the City will designate
what fuels can be burned in what rings in accordance with the issued CDP.
In closing, the City Manager would like to thank and recognize Ms. Dixon and Mr. Peotter, as well as Doug
Swardstrom of Friends of the Fire Rings, Andy Theodorou of the Newport Dunes Resort, Stacy Blackwood
of the County of Orange (OC Parks), Brian Ketterer and Todd Lewis of California State Parks, Denys
Oberman (a Balboa Peninsula resident), former Council member Mike Henn, Coastal Commission staff
(especially Ms. Erin Prahler, Ms. Sherilyn Sarb, and Mr. Karl Schwing), AQMD executive officer Barry
Wallerstein, City staff such as Scott Watson (GIS), Brenda Wisneski (Community Development),
Recreation Director Laura Detweiler, Fire Chief Scott Poster, Police Chief Jay Johnson, City Attorney Aaron
Harp, and others who worked hard on this compromise to see it to implementation. It is not perfect, but it
respects and recognizes multiple wishes for the fire rings that at one time seemed irreconcilable.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find compliance with Rule 444 is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Public Resources Code Section 21080(b)(1) and CEQA
Guidelines Section 15268(a) because the City's proposal to space the fire rings farther apart and convert
wood burning rings to charcoal -only rings is mandated by South Coast Air Quality Management District's
Rule 444. The City's compliance with Rule 444 is therefore ministerial. Further, based upon the substantial
evidence contained herein, spacing wood - burning fire rings farther apart and converting wood burning rings
to charcoal -only rings will not cause significant impacts to the environment and therefore exempt from
CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
In addition, aspects of this project are exempt pursuant to CEQA Guidelines Section 15301, Operation,
Repair, Maintenance, or Minor Alteration of Existing Structures or Facilities (Class 1), CEQA Guidelines
Section 15302, Replacement or Reconstruction of Existing Structures or Facilities (Class 2), CEQA
Guidelines Section 15303, New Construction, Installation or Conversion of Small Structures, Facilities or
Equipment (Class 3), CEQA Guidelines Section 15304, Minor Alterations to Land, Water or Vegetation
(Class 4), CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations (Class 5), CEQA
Guidelines Section 15311, Construction or Placement of Accessory Structures (Class 11), and CEQA
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Guidelines Section 15323, Normal Operations of Existing Facilities for Public Gatherings (Class 23), in
that aspects involve a replacement or reconstruction of existing structures, specifically the fire rings, within
what is generally the same beach footprint, the addition /modification of signage, and minor modifications to
the City's Municipal Code.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Plan 17 - Approved Fire Ring Plan
Attachment B - Ordinance
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ATTACHMENT A
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WIN
ATTACHMENT B
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA AMENDING
SECTION 11.08.060 OF 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, many visitors and residents also come to the City to participate in
the longstanding tradition of a beach bonfire;
WHEREAS, prior to the adoption of South Coast Air Quality Management District
Rule 444 ( "Rule 444 "), the City had 60 wood burning fire rings in the vicinity of the
Balboa Pier and at Corona del Mar State Beach;
WHEREAS, to comply with Rule 444, the City implemented a temporary plan
whereby the number of fire rings was reduced from 60 wood burning fire rings to a
combination of 56 wood burning and charcoal -only burning fire rings;
WHEREAS, on June 9, 2015, the California Coastal Commission approved the
City's application for a Coastal Development Permit to replace the City's temporary plan
with a permanent plan that balanced air quality concerns with the ability to enjoy a
traditional beach bonfire;
WHEREAS, the permanent plan provided for 64 fire rings (including four rings
that previously existed at the Newport Dunes) and included adding fire rings to a new
location, relocating fire rings, including a mix of wood - burning and charcoal -only fire
rings, and making access to some fire rings consistent with the Americans with
Disabilities Act ( "ADA ");
WHEREAS, to implement the Coastal Development Permit, the City must modify
the Newport Beach Municipal Code provisions related to the fuels that can be burned in
fire rings; and
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.
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NOW THEREFORE, the City Council of the City of Newport Beach does ordain
as follows:
Section 1: Section 11.08.060, Chapter 11.08, Title 11, of the Newport Beach
Municipal Code is hereby amended 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, lighter fluid, fire log(s), or
charcoal (collectively "fuel'), unless the person is burning the fuel in
a fire ring or fire pit that has been specifically designated by the City
Manager as a fire ring or fire pit where the designated fuel may be
burned. The City Manager shall designate what fuel may be
burned in fire rings and fire pits in accordance with the Coastal
Development Permit related to the location and use of fire rings.
B. 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. "Fire Log" means any manufactured log constructed of sawdust;
sawdust and paraffin; or waste fiber from the oil palm.
3. "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, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared
unconstitutional.
Section 4: The City Council finds the introduction and approval of this
ordinance is not subject to the California Environmental Quality Act ( "CEQK) because
compliance with AQMD Rule 444 is not subject to CEQA pursuant to Public Resources
2
Code Section 21080(b)(1) and CEQA Guidelines Section 15268(a) because the City's
proposal to space the fire rings farther apart and convert wood burning rings to
charcoal -only rings is mandated by Rule 444. The City's compliance with Rule 444 is
therefore ministerial. Further, based upon the substantial evidence, the City Council
finds that spacing wood - burning fire rings farther apart and converting wood burning
rings to charcoal -only rings will not cause significant impacts to the environment and
therefore is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
In addition, this ordinance and aspects of the project are exempt pursuant to CEQA
Guidelines Section 15301, Operation, Repair, Maintenance, or Minor Alteration of
Existing Structures or Facilities (Class 1), CEQA Guidelines Section 15302,
Replacement or Reconstruction of Existing Structures or Facilities (Class 2), CEQA
Guidelines Section 15303, New Construction, Installation or Conversion of Small
Structures, Facilities or Equipment (Class 3), CEQA Guidelines Section 15304, Minor
Alterations to Land, Water or Vegetation (Class 4), CEQA Guidelines Section 15305,
Minor Alterations to Land Use Limitations (Class 5), CEQA Guidelines Section 15311,
Construction or Placement of Accessory Structures (Class 11), and CEQA Guidelines
Section 15323, Normal Operations of Existing Facilities for Public Gatherings (Class
23), in that this ordinance and aspects of the project involve the replacement or
reconstruction of existing structures, specifically the fire rings, within what is generally
the same beach footprint, the addition /modification of signage, and minor modifications
to the City's Municipal Code via this ordinance.
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 23rd day of June 2015, and adopted on the 14th day of July,
2015, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Edward D. Selich
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ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
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