Tuesday, July 26, 2016

Richard M. Flower’s APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT, ‘Carmel’s BEACH FIRES MANAGEMENT PILOT PROGRAM

ABSTRACT: On July 20, 2016, Carmel-by-the-Sea resident Richard M. Flower filed an APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT involving the City’s Carmel Beach Fire Management Pilot Program in the California Coastal Commission district office having jurisdiction over the affected local government, namely CENTRAL COAST DISTRICT OFFICE, SANTA CRUZ, CA.  Appellant Richard M. Flower’s APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT, Carmel’s “BEACH FIRES MANAGEMENT PILOT PROGRAM,” document copy is embedded. Appeal Information, namely, Frequently Asked Questions: The Coastal Commission Permit Appeal Process and APPEAL INFORMATION SHEET LOCAL COASTAL PROGRAM DEVELOPMENT PERMITS document copies are embedded.
Flower’s Request: Deny City of Carmel's Beach Fire Management Pilot Program
Reasons for Applicant’s Appeal of the Beach Fire Management Pilot Program
Overview summary:
Carmel's proposed Beach Fire Management Pilot Program ignores Science, endangers Health, prevents Access, and degrades the Environment. The Program does not support in fact the City’s Local Coastal Plan or Land Use Policies. It also is counter to the recent position taken by the CCC Commissioners, as reflected in Commissioner Shallenberger’s comment that wood-burning is carcinogenic. She stated. "…we're moving away from wood-burning fires. that's what you're hearing from the dais (from us).
The Pilot Program Publication states: The City's Land Use Plan provides broad guidance regarding beach use, protection, and management."
Our response: Because of this broad guidance, the City of Carmel could easily go to a Propane-only program, based on reasons of Science, Access, Health, and Environment. It already has the support of the Chair of the Coastal Commission. Steve Kinsey, and the other 4 Commissioners who spoke for the propane-only program and against the proposal of 26 wood-burning fires with fire rings.
The "Beach Fire Management Pilot Program" wood-burning fires component is dangerous for people's health. Wood-burning releases carcinogenic, toxic and dangerous particulate matter into the air. The reality is that Carmel Beach is all of our MUTUAL air, not to be controlled by bad public policy, by ill-informed individuals who disregard science and health and access for all. The Council's blatant disregard for the community is shocking, since they know that they are preventing people from accessing the beach for health reason. City Council members have heard extensive public testimony about citizens being prevented access. This program is adverse to the Coastal Commissioners' recent evaluation that wood-burning fires are carcinogenic, and prevent access, as expressed at the Coastal Commission meeting in Monterey, Dec. 11, 2015.
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT
Appellant: Richard M. Flower
Appeal: Carmel’s “BEACH FIRES MANAGEMENT PILOT PROGRAM”

Frequently Asked Questions:
The Coastal Commission Permit Appeal Process

APPEAL INFORMATION SHEET
LOCAL COASTAL PROGRAM DEVELOPMENT PERMITS


Time Frame for Filing an Appeal. An appeal must be filed by 5:00 P.M. of the 10th working day after a sufficient local government notice of final action on the permit application was received by the Commission. ( 14 Cal. Code Regs § 13111(c).) The appeal must be filed in the Commission district office having jurisdiction over the affected local government. The final date for filing appeal is available from the local permit decision notices posted in the Commission’s offices and may also be obtained by calling the local Commission district office.

Persons Eligible to Appeal. The applicant, any aggrieved person or any two members of the Commission may appeal. (Public Resources Code § 30625.) An “aggrieved person,” is any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision being appealed, or who, by other appropriate means prior to a hearing, informed the local government of the nature of his/her concerns or who for good cause was unable to do either. (Public Resources Code § 30801.)

REFERENCE:
Coastal Development
Permit Applications & Appeal Forms
File an Appeal

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