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Home My WebLink About2015-21 - Amending Section 11.08.060 of Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire RingsORDINANCE 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 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, 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 11, 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; WHEREAS, the permanent plan provided for 64 fire rings 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. 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: Ordinance No. 2015 -21 Page 2 of 3 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 ( "CEQA ") because compliance with AQMD Rule 444 is not subject to 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 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). Ordinance No. 2015 -21 Page 3 of 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 23'd day of June 2015, and adopted on the 14th day of July, 2015, by the following vote, to wit: Dixon, Mayor Selich AYES, COUNCIL MEMBERS Peotter, Petros, Curry, Duffield, Muldoon NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS LEILAM -C - CITY CLERK None APPROVED AS TO FORM: CIT ATTORNEY'S OFFICE C'�— AA ON C. HARP, dITYATTORNEY 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. 2015 -21 was duly and regularly introduced on the 23 d day of June, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of July, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of July, 2015. X d� ,— r�0,�� Cit Clerk fix! f City of Newport Beach, California s. (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. 2015 -21 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 newspaper of general circulation on the following dates: Introduced Ordinance: June 27, 2015 Adopted Ordinance: July 18, 2015 In witness whereof, I have hereunto subscribed my name this day of �1f 2015. Gity Clerk City of Newport Beach, California (Seal)