Thursday, August 06, 2015

CITY COUNCIL SPECIAL MEETING AUGUST 6, 2015: Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires


This bill would delay the implementation of any rule or regulation to eliminate or restrict beach burning in existing fire rings until such time as the local government with jurisdiction obtains a coastal development permit (CDP) to do so. The bill clarifies that any CDP issued to remove beach fire rings or restrict their use must comply with all requirements of the Coastal Act.
Introduced 02/22/13
Last Amended 01/17/14
Status Senate E.Q. Committee and Senate N.R. & W. Committee
Commission Position Recommend Support, analysis attached

AB-1102 Beach fire rings: coastal development permit.(2013-2014)

SECTION 1. Section 30607.8 is added to the Public Resources Code, to read:
30607.8.
(a) For purposes of this section, “beach fire ring” means a device in which recreational or ceremonial burning occurs that is located on a beach in the coastal zone.
(b) Notwithstanding subdivision (b) of Section 30005, the removal or restriction of the use of a beach fire ring by a city or county, including a charter city or charter county, shall be subject to the requirements of this division and any other applicable regulatory requirements.
(c) (1) An application for a coastal development permit to remove or restrict the use of a beach fire ring shall include an analysis of alternatives and mitigation measures that would avoid or minimize the need to remove or restrict the use of a beach fire ring.
(2) An application for a coastal development permit submitted pursuant to this section and that may be approved through a waiver procedure shall not be unreasonably denied by the commission at a public hearing. A decision on the application shall be expedited to the maximum extent feasible.
(d) Nothing in this section affects the applicability of Section 30414.
(e) Nothing in this section prohibits the City of Newport Beach from distributing charcoal free of charge for use in a beach fire ring within 700 feet of a residence.
SEC. 2.
The addition of Section 30607.8 to the Public Resources Code made by this act does not constitute a change in, but is declaratory of, existing law and clarifies potential conflicting interpretations.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

CALIFORNIA BEACHES
California Beach Bonfires
Special Meeting Agenda Packet 8-06-15
CITY COUNCIL SPECIAL MEETING AGENDA PACKET
AUGUST 6, 2015
Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires.

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