Application for after-the-fact approval of temporary plan to reduce number of fire rings from 60 to 56, relocate fire rings, and limit fire ring fuel to charcoal-only in some fire rings at Balboa Pier area and Corona del Mar State Beach; also, replace temporary plan with at least 60 beach fire rings to include permanent relocation of some fire rings, a mix of wood-burning and charcoal-only rings, and some ADA accessible fire rings, at Balboa Pier, Corona del Mar State Beach, and Newport Dunes Waterfront Resort & Marina, Newport Beach, Orange County. (EP-LB) APPROVED WITH CONDITIONS The SUMMARY OF STAFF RECOMMENDATION section is reproduced; the CALIFORNIA COASTAL COMMISSION original staff report and ADDENDUM document copy is embedded.
SUMMARY OF STAFF RECOMMENDATION:
The City of Newport Beach is seeking a coastal development permit to authorize a temporary plan to reduce the number of fire rings on city beaches, relocate the remaining rings, and limit fire ring fuel to charcoal-only in some fire rings to comply with air quality regulations. The temporary plan went into effect on January 23, 2015 and reduced the total number of fire rings from 60 to 56 fire rings, including 18 charcoal-only fire rings west of the Balboa Pier, 13 wood-burning fire rings east of the Balboa Pier, and 13 wood-burning and 12 charcoal-only fire rings at Corona del Mar State Beach. In addition, the City is seeking approval to permanently add fire rings in one new location, relocate some fire rings in the vicinity of Balboa Pier and at Corona del Mar State Beach, include a mix of wood-burning and charcoal-only fire rings, and make some fire rings ADA accessible. This permanent proposal would include a total of 64 fire rings within City limits by providing 16 woodburning rings and 16 charcoal-only rings in the vicinity of the Balboa Pier, 16 wood-burning and 8 charcoal-only rings at Corona del Mar State Beach, and 4 new wood-burning rings at the Newport Dunes Waterfront Resort & Marina. In connection with the permanent plan, the applicant seeks after-the-fact approval of an existing concrete ADA compliant access path onto the sand east of Balboa Pier and after-the-fact approval of 4 existing wood-burning fire rings on the beach at the Newport Dunes Waterfront Resort & Marina.
The primary Coastal Act issues raised by this application relate to public access and recreation, impacts from natural hazards, and protection of scenic views and water quality. The fire rings in the City of Newport Beach have historically been free to use and available to the public on a first-come, first-served basis. Demand for the fire rings is high, especially during summer months. Although changes in the number and location of fire rings could have adverse impacts on public access to these lower cost recreational facilities, the applicant’s permanent proposal will expand public access by increasing the total number of fire rings available citywide, making fire rings available in a new location, and providing ADA accessible fire rings. Further, even though the restriction of fire ring fuel to charcoal-only does not provide an equivalent experience to a traditional wood bonfire and charcoal costs more than wood fuel, the applicant’s permanent proposal limits the ratio of charcoal only fire rings to approximately 37% of the fire rings and includes the sale of charcoal “at cost” at nearby retailers to minimize any adverse impact the fuel restriction may have on use of fire rings within and outside of Newport Beach. To ensure that these facilities are protected and to maximize the public’s access to the fire rings, the Commission imposes Special Condition 1 requiring the applicant to ensure that no fewer than 64 fire rings are available to the public at no cost and on a first-come, first-served basis within the City of Newport Beach. The Commission also imposes Special Condition 2 requiring minimum hours of public access at the Newport Dunes Waterfront Resort & Marina.
To educate the public about the fire rings and fuel restrictions, the applicant proposes a signage plan that would provide tips for fire ring use and identify the charcoal-only rings. The Commission imposes Special Condition 3 requiring a final signage plan to ensure that the signs do not adversely impact scenic and visual resources. Due to its oceanfront location, the proposed development may be exposed to the hazard of waves, erosion, storm conditions, sea level rise or other natural hazards. The Commission imposes Special Condition 4 prohibiting construction of protective devices (such as a seawall) in the future and Special Condition 5 requiring that the applicant assume the risk of undertaking the development.
The City does not own the Newport Dunes Waterfront Resort & Marina. The property is public tidelands granted to Orange County and leased to a concessionaire that is developed with a recreational vehicle park, launch ramp and boat storage, marina, restaurant, publicly accessible swim lagoon with sandy beach, boat rental dock, concessions, restrooms and public parking. Neither the County nor the lessee is a co-applicant on this application. However, the Director of Orange County Parks has informally indicated agreement that the City may install fire rings on the beach at the swim lagoon. The applicant has not yet submitted a formal agreement with the County authorizing the proposed development on the Newport Dunes property to staff to ensure that the applicant has the legal ability to comply with this permit’s conditions of approval. Therefore, staff recommends the Commission impose Special Condition 8 requiring the applicant to submit an agreement with the County establishing that the applicant can comply with the conditions of this coastal development permit.
Staff is recommending approval of the proposed coastal development permit with eight (8) special conditions regarding: 1) Public Access to Fire Rings; 2) Public Access to Newport Dunes; 3) Submittal of Final Signage Plan; 4) No Future Shoreline Protective Device; 5) Assumption of Risk, Waiver of Liability and Indemnity; 6) Submittal of Final Maintenance Plan; 7) Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris; and 8) Proof of Legal Ability to Comply with Conditions.
CCC th13b-6-2015
The City of Newport Beach is seeking a coastal development permit to authorize a temporary plan to reduce the number of fire rings on city beaches, relocate the remaining rings, and limit fire ring fuel to charcoal-only in some fire rings to comply with air quality regulations. The temporary plan went into effect on January 23, 2015 and reduced the total number of fire rings from 60 to 56 fire rings, including 18 charcoal-only fire rings west of the Balboa Pier, 13 wood-burning fire rings east of the Balboa Pier, and 13 wood-burning and 12 charcoal-only fire rings at Corona del Mar State Beach. In addition, the City is seeking approval to permanently add fire rings in one new location, relocate some fire rings in the vicinity of Balboa Pier and at Corona del Mar State Beach, include a mix of wood-burning and charcoal-only fire rings, and make some fire rings ADA accessible. This permanent proposal would include a total of 64 fire rings within City limits by providing 16 woodburning rings and 16 charcoal-only rings in the vicinity of the Balboa Pier, 16 wood-burning and 8 charcoal-only rings at Corona del Mar State Beach, and 4 new wood-burning rings at the Newport Dunes Waterfront Resort & Marina. In connection with the permanent plan, the applicant seeks after-the-fact approval of an existing concrete ADA compliant access path onto the sand east of Balboa Pier and after-the-fact approval of 4 existing wood-burning fire rings on the beach at the Newport Dunes Waterfront Resort & Marina.
The primary Coastal Act issues raised by this application relate to public access and recreation, impacts from natural hazards, and protection of scenic views and water quality. The fire rings in the City of Newport Beach have historically been free to use and available to the public on a first-come, first-served basis. Demand for the fire rings is high, especially during summer months. Although changes in the number and location of fire rings could have adverse impacts on public access to these lower cost recreational facilities, the applicant’s permanent proposal will expand public access by increasing the total number of fire rings available citywide, making fire rings available in a new location, and providing ADA accessible fire rings. Further, even though the restriction of fire ring fuel to charcoal-only does not provide an equivalent experience to a traditional wood bonfire and charcoal costs more than wood fuel, the applicant’s permanent proposal limits the ratio of charcoal only fire rings to approximately 37% of the fire rings and includes the sale of charcoal “at cost” at nearby retailers to minimize any adverse impact the fuel restriction may have on use of fire rings within and outside of Newport Beach. To ensure that these facilities are protected and to maximize the public’s access to the fire rings, the Commission imposes Special Condition 1 requiring the applicant to ensure that no fewer than 64 fire rings are available to the public at no cost and on a first-come, first-served basis within the City of Newport Beach. The Commission also imposes Special Condition 2 requiring minimum hours of public access at the Newport Dunes Waterfront Resort & Marina.
To educate the public about the fire rings and fuel restrictions, the applicant proposes a signage plan that would provide tips for fire ring use and identify the charcoal-only rings. The Commission imposes Special Condition 3 requiring a final signage plan to ensure that the signs do not adversely impact scenic and visual resources. Due to its oceanfront location, the proposed development may be exposed to the hazard of waves, erosion, storm conditions, sea level rise or other natural hazards. The Commission imposes Special Condition 4 prohibiting construction of protective devices (such as a seawall) in the future and Special Condition 5 requiring that the applicant assume the risk of undertaking the development.
The City does not own the Newport Dunes Waterfront Resort & Marina. The property is public tidelands granted to Orange County and leased to a concessionaire that is developed with a recreational vehicle park, launch ramp and boat storage, marina, restaurant, publicly accessible swim lagoon with sandy beach, boat rental dock, concessions, restrooms and public parking. Neither the County nor the lessee is a co-applicant on this application. However, the Director of Orange County Parks has informally indicated agreement that the City may install fire rings on the beach at the swim lagoon. The applicant has not yet submitted a formal agreement with the County authorizing the proposed development on the Newport Dunes property to staff to ensure that the applicant has the legal ability to comply with this permit’s conditions of approval. Therefore, staff recommends the Commission impose Special Condition 8 requiring the applicant to submit an agreement with the County establishing that the applicant can comply with the conditions of this coastal development permit.
Staff is recommending approval of the proposed coastal development permit with eight (8) special conditions regarding: 1) Public Access to Fire Rings; 2) Public Access to Newport Dunes; 3) Submittal of Final Signage Plan; 4) No Future Shoreline Protective Device; 5) Assumption of Risk, Waiver of Liability and Indemnity; 6) Submittal of Final Maintenance Plan; 7) Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris; and 8) Proof of Legal Ability to Comply with Conditions.
CCC th13b-6-2015
Th13b
ADDENDUM
STAFF REPORT: REGULAR CALENDAR
Staff Report: 05/29/2015
Hearing Date: 06/11/2015
Coastal Commission approves Newport Beach fire rings plan at two locations, Corona del Mar beach pits on hold. June 11, 2015
BY MEGAN NICOLAI / STAFF WRITER THE ORANGE COUNTY REGISTER,
By MEGAN NICOLAI / STAFF WRITER THE ORANGE COUNTY REGISTER,
SCAQMD Adopts Balanced Measure Governing Beach Bonfires
June 12, 2013
Beach Fire Monitoring Results
June 12, 2013
NOTE: In the City of Carmel-by-the-Sea, the City Council is scheduled to consider the First reading of an Ordinance of the City Council of Carmel-by-the-Sea declaring beach fires a public nuisance at today’s city council meeting, November 3, 2015. Section 30005 of the Public Resources Code states that the Coastal Act does not limit a local government’s ability to declare, prohibit, and abate nuisances. However, the City’s anticipated adoption of the First reading of an Ordinance of the City Council of Carmel-by-the-Sea declaring beach fires a public nuisance raises the issue of whether the public nuisance ordinance was enacted in good faith or was a pretext for avoiding coastal act and local coastal program obligations.
COURT CASE REGARDING CITY'S ENACTMENT OF NUISANCE ABATEMENT ORDINANCE:
STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590], CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs.CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1through 5, inclusive, COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO
Importantly, "The Court now rules as follows: Petitioner/Plaintiff City of Dana Point was not acting within the scope of section 17 30005, subdivision (b) of the Coastal Commission Act in adopting the Nuisance Abatement Ordinance. The City's enactment of the Nuisance Abatement Ordinance was a pretext for avoiding the requirements of its local coastal program. The court further finds that there was not, in fact, a nuisance or prospective nuisance at the time the Nuisance Abatement Ordinance was enacted."
COUNTY OF SAN DIEGO
CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs.
CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1through 5, inclusive
CASENO: 37-2010-00099827-CU-WM-CIL
STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590]
Dept: 70
Judge: Randa Trapp
COURT CASE REGARDING CITY'S ENACTMENT OF NUISANCE ABATEMENT ORDINANCE:
STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590], CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs.CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1through 5, inclusive, COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO
Importantly, "The Court now rules as follows: Petitioner/Plaintiff City of Dana Point was not acting within the scope of section 17 30005, subdivision (b) of the Coastal Commission Act in adopting the Nuisance Abatement Ordinance. The City's enactment of the Nuisance Abatement Ordinance was a pretext for avoiding the requirements of its local coastal program. The court further finds that there was not, in fact, a nuisance or prospective nuisance at the time the Nuisance Abatement Ordinance was enacted."
COUNTY OF SAN DIEGO
CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs.
CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1through 5, inclusive
CASENO: 37-2010-00099827-CU-WM-CIL
STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590]
Dept: 70
Judge: Randa Trapp
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