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HomeMy WebLinkAbout2014-2 - Adding Section 11.08.060 to Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire RingsORDINANCE NO. 2014 -2 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: 11 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. E 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 28th day of January, 2014, and adopted on the 11th day of February, 2014, by the following vote, to wit: ATTEST: Leilani I. Brown, City Clerk APPROVED �$ TO FORM: CITY ATT, RNEY'S OFFICE zffx�" r- C� Aaron C. Harp, City Attorney AYES, COUNCIL MEMBERS Gardner, Petros, selich curry, Henn, Mayor Hill NOES, COUNCIL MEMBERS Daigle ABSENT COUNCIL MEMBERS None Rush N. HMI, II, Mayor 3 �r��,r Po RNOt STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that ,the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2014 -2 was duly and regularly introduced on the 18th day of January, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of February, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Gardner, Petros, Selich, Curry, Henn, Mayor Hill NAYS: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of February, 2014. PO City Clerk f City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -2 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: February 1, 2014 Adopted Ordinance: February 15, 2014 2014. �j/� In witness whereof, I have hereunto subscribed my name this day of Mad-" City Clerk City of Newport Beach, California "A Li r-0"1-',0r (Seal)