CITY COUNCIL SPECIAL MEETING, May 29, 2020

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CITY COUNCIL SPECIAL MEETING

Friday, May 29, 2020

10:30 AM

PLANNING COMMISSION REGULAR MEETING AGENDA, July 12 , 2017

ABSTRACT: The CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA and Planning Commission Reports documents copies for July 12, 2017 are embedded. PUBLIC HEARINGS including, Beach Fire Pilot Program City of Carmel-by-the-Sea (Carmel Beach, bet. 8th and Martin Way, Beach Fire Pilot Program update and recommendations to the City Council), Consideration of a Final Design Study (DS 17-129) and associated Coastal Development Permit for alterations to an existing two-story, single-family residence to include adding 1,069 square feet of combined floor area to the upper and lower levels; an attached single-car garage; new stone terrace and glass railing; stone entry porch/walkway and stone wall with wood gate (McMills, John Mandurrago, Designer, Lincoln, 3 NW of Santa Lucia), Consideration of a Concept and Final Design Study (DS 17-133) and associated Coastal Development Permit for the construction of a 425-square foot single-story addition at the rear of a historic residence located in the Single Family Residential (R-1) Zoning District (Kuchman, Paul Walchli, Project Designer/Builder, Carpenter Street, 3 SW of 2nd Avenue), Consideration of a Concept and Final Design Study (DS 17-181) and associated Coastal Development Permit for the construction of a 235-square foot second-story addition and a 66- square foot first-story addition on an existing residence located in the Single-Family Residential (R-1) Zoning District (Hartong, Brian Congleton, Architect, SW Corner of Lincoln Street & 8th Avenue), Consideration of a Use Permit (UP 17-80) application to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line restaurant (Cocoa Bar, Mira Porges, Business Owner, Carmel Plaza), Consideration of a Use Permit (UP 17-230) application for a specialty food and retail store specializing in the sale of honey-related products located in the Central Commercial (CC) District (Carmel Honey Company, Becky Reisdorf, Business Owner, Carmel Plaza) and Preliminary concept review (DR 16-477) of a proposal to construct a second-story addition above an existing one-story building currently occupied by Cantinetta Luca and review of an associated Encroachment Permit (EN 17-067) application proposing to construct access stairs on the south side of Picadilly Park (Fink/Goodhue, David Fink, Applicant, Dolores Street, 4 NW of 7th Avenue).

PC AGENDA 07-12-17 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
REGULAR MEETING AGENDA
July 12, 2017

A. CALL TO ORDER AND ROLL CALL

Commissioners: Don Goodhue, Chair
Michael LePage, Vice Chair
Julie Wendt
Gail Lehman
Stephanie Locke

C. ROLL CALL

H. PUBLIC HEARINGS

If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

1. Beach Fire Pilot Program
City of Carmel-by-the-Sea
Carmel Beach, bet. 8th and Martin Way
Beach Fire Pilot Program update and recommendations to the City Council
Beach Fire Pilot Program 07-12-17 by L. A. Paterson on Scribd

Beach Fire Pilot Program update and recommendations to the City Council

2. DS 17-129 (McMills)
John Mandurrago, Designer
Lincoln, 3 NW of Santa Lucia
Block: 145; Lots: 25 & N 1/2 of 23
APN: 010-173-007
Consideration of a Final Design Study (DS 17-129) and associated Coastal Development Permit for alterations to an existing two-story, single-family residence to include adding 1,069 square feet of combined floor area to the upper and lower levels; an attached single-car garage; new stone terrace and glass railing; stone entry porch/walkway and stone wall with wood gate. The project site is located in the Single-Family Residential (R-1) Zoning District.
Corey McMills 07-12-17 by L. A. Paterson on Scribd

Consideration of a Final Design Study (DS 17-129) and associated Coastal Development Permit for alterations to an existing two-story, single-family residence to include adding 1,069 square feet of combined floor area to the upper and lower levels; an attached single-car garage; new stone terrace and glass railing; stone entry porch/walkway and stone wall with wood gate. The project site is located in the Single-Family Residential (R-1) Zoning District.

3. DS 17-133 (Kuchman)
Paul Walchli, Project Designer/Builder
Carpenter Street, 3 SW of 2nd Avenue
Block: 22; Lot: 9
APN: 010-022-022
Consideration of a Concept and Final Design Study (DS 17-133) and associated Coastal Development Permit for the construction of a 425-square foot single-story addition at the rear of a historic residence located in the Single Family Residential (R-1) Zoning District.
Ken Kuchman 07-12-17 by L. A. Paterson on Scribd

Consideration of a Concept and Final Design Study (DS 17-133) and associated Coastal Development Permit for the construction of a 425-square foot single-story addition at the rear of a historic residence located in the Single Family Residential (R-1) Zoning District.

4. DS 17-181 (Hartong)
Brian Congleton, Architect
SW Corner of Lincoln Street & 8th Avenue
Block 94; Lot: E 1/2 of Lots 1 & 3
APN: 010-193-018
Consideration of a Concept and Final Design Study (DS 17-181) and associated Coastal Development Permit for the construction of a 235-square foot second-story addition and a 66- square foot first-story addition on an existing residence located in the Single-Family Residential (R-1) Zoning District.
William a. Hartong Trust 07-12-17 by L. A. Paterson on Scribd

Consideration of a Concept and Final Design Study (DS 17-181) and associated Coastal Development Permit for the construction of a 235-square foot second-story addition and a 66- square foot first-story addition on an existing residence located in the Single-Family Residential (R-1) Zoning District.

5. UP 17-80 (Cocoa Bar)
Mira Porges, Business Owner
Carmel Plaza
Block: 78; Lot: All
APN: 010-086-006
Consideration of a Use Permit (UP 17-80) application to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line restaurant.
Mira and Mathew Porgess 07-12-17 by L. A. Paterson on Scribd

Consideration of a Use Permit (UP 17-80) application to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line restaurant.

6. UP 17-230 (Carmel Honey Company)
Becky Reisdorf, Business Owner
Carmel Plaza
Block: 78; Lot: All
APN: 010-086-006
Consideration of a Use Permit (UP 17-230) application for a specialty food and retail store specializing in the sale of honey-related products located in the Central Commercial (CC) District.
Owrf Carmel, Llc 07-12-17 by L. A. Paterson on Scribd

Consideration of a Use Permit (UP 17-230) application for a specialty food and retail store specializing in the sale of honey-related products located in the Central Commercial (CC) District.

7. DR 16-477 (Fink/Goodhue)
David Fink, Applicant
Dolores Street, 4 NW of 7th
Block: 75; Lot: 13
APN: 010-147-003
Preliminary concept review (DR 16-477) of a proposal to construct a second-story addition above an existing one-story building currently occupied by Cantinetta Luca and review of an associated Encroachment Permit (EN 17-067) application proposing to construct access stairs on the south side of Picadilly Park.
Neil Goodhue 07-12-17 by L. A. Paterson on Scribd

Preliminary concept review (DR 16-477) of a proposal to construct a second-story addition above an existing one-story building currently occupied by Cantinetta Luca and review of an associated Encroachment Permit (EN 17-067) application proposing to construct access stairs on the south side of Picadilly Park.

I. DIRECTOR’S REPORT

1. Update on Planning Activities

J. BOARD MEMBER ANNOUNCEMENTS

Two Noteworthy 31 October 2016 Special Meeting Agenda Items

ABSTRACT: Two Noteworthy 31 October 2016 Agenda Items, namely PUBLIC APPEARANCES and TOUR OF INSPECTION, are presented. TOUR OF INSPECTION:

A. Carmel Police Department located on the eastside of Junipero Street between 4th and 5th Avenues
B. Flanders Mansion located at 25800 Hatton Road, Carmel, CA 93923
C. Rio Park at the Lasuen Road entrance
D. North Dunes of Carmel Beach accessible from the NW corner of San Antonio
E. Harrison Memorial Library Park Branch located on the NE corner of Mission Street and 6th Avenue.

Tour of Inspection Agenda 10-31-16 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
TOUR OF INSPECTION
Monday, October 31, 2016

CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE

PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person’s comments shall be limited to 3 minutes, or as otherwise established by the City Council, Board or Commission. Matters not appearing on the City Council, Board or Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names so that they may be identified in the minutes of the meeting.

TOUR OF INSPECTION (Beginning at 3:00 p.m.) The Council will meet in the Council Chamber to an on-site tour of inspection of all properties listed on the Agenda. Members of the public are welcome to participate in the tour.

A. Carmel Police Department located on the eastside of Junipero Street between 4th and 5th Avenues

B. Flanders Mansion located at 25800 Hatton Road, Carmel, CA 93923

C. Rio Park at the Lasuen Road entrance

D. North Dunes of Carmel Beach accessible from the NW corner of San Antonio

E. Harrison Memorial Library Park Branch located on the NE corner of Mission Street and 6th Avenue.

North Dunes Area Of Carmel Beach, Carmel, Monterey: Consideration of a five year, renewable Coastal Development Permit (CDP 16-315) for habitat restoration, monitoring, and maintenance activities in the North Dunes area of Carmel Beach

CURRENTLY APPEALABLE LOCAL PERMITS

Central Coast District covering Santa Cruz, Monterey, and San Luis Obispo Counties

Local Government CDP Actions Appealable as of: October 27, 2016

Local Application No. CDP 16-315

CCC Post-Cert No. 3-CML-16-0998

Local Jurisdiction City of Carmel
Final Local Action Approved With Conditions
Applicant(s) Marc Weiner

Project Location North Dunes Area Of Carmel Beach, Carmel, Monterey County Apn: 06053-010321007000

Project Description Consideration of a five year, renewable Coastal Development Permit (CDP 16-315) for habitat restoration, monitoring, and maintenance activities in the North Dunes area of Carmel Beach.

Dates

Local Action 10/4/16

Local Action Notice Received 10/14/16

Appeal Period Starts 10/14/16

Appeal Period Ends 10/28/2016

CALIFORNIA COASTAL COMMISSION, Mike Watson, Coastal Planner, Central Coast District Office, Correspondence dated July 27, 2016, to Richard Flower Subject: Your Appeal of the City of Carmel's Action on the Beach Fire Management Program: ‘The purpose of this letter is to inform you that you do not have standing to appeal in this case, and thus we cannot file your appeal. As a result, the City's CDP action on this project is now final.’

ABSTRACT: In response to Richard M. Flower’s appeal of the City of Carmel's approval of a coastal development permit (CDP) for the Beach Fire Management Program (City CDP application MP 15-100 RV01), Mike Watson, Coastal Planner, Central Coast District Office, sent a letter, dated July 27, 2016, to Richard Flower, stating, in part, “The purpose of this letter is to inform you that you do not have standing to appeal in this case, and thus we cannot file your appeal. As a result, the City's CDP action on this project is now final.”
“In order to appeal the City's decision, you must qualify as an "aggrieved person" under the Coastal Act (see Coastal Act Section 30801, attached). To qualify as an aggrieved person, you must have participated or made your views known as an individual in some manner during the City's local process (e.g., testify at a public hearing, submit a letter or email to the local government staff detailing your comments and concerns, etc.). In this case, although you edited an informational news brief on Carmel beach fires for the Carmel Residence Association newsletter, you did not participate in the City's local process (i.e., you did not make your concerns regarding the Beach Fire Management Program known to the local government) and you did not participate as an individual (i.e., the newsletter was drafted under the signature of the Carmel Residence Association not your individual signature), and thus, as an individual you do not qualify as an aggrieved person with standing to submit an appeal.” The letter document copy is embedded.

CCC Letter to Flowers Re Appeal Standing 7-27-16

CALIFORNIA COASTAL COMMISSION

Mike Watson, Coastal Planner, Central Coast District Office

July 27, 2016

Richard Flower

Subject: Your Appeal of the City of Carmel's Action on the Beach Fire Management Program

Carmel Beach Fire Management Pilot Program: Correspondence from Dan Carl, Central Coast District Director, California Coastal Commission, to Mayor and Council Members

ABSTRACT: RE: Carmel Beach Fire Management Pilot Program Correspondence from Dan Carl, Central Coast District Director, California Coastal Commission, to Mayor and Council Members, dated December 30, 2015, May 9, 2016, and June 6, 2016 and June 29, 2016 document copies are embedded. Importantly, “As you know, on December 11, 2015, the Coastal Commission denied, on a 4-5 vote, the City's proposed propane-only beach fire management program. In so doing, the Commission also did not approve the staff recommended wood-fueled beach fire management program (essentially the City's prior proposal from last spring/summer that was originally appealed to the Commission). As a consequence, there is currently no beach fire management program in the City of Carmel with valid approvals under the Coastal Act or the LCP. In particular, the City's current weekend and holiday beach fire moratorium remains unpermitted.” (December 30, 2015 Letter) And “We strongly recommend that the Program be modified as recommended in this letter. If it is, we believe that it can be found LCP and Coastal Act consistent and that, barring unforeseen changes or additional information/understanding, we would recommend that the Coastal Commission not take jurisdiction over such a Program should the City's approval be appealed to the Coastal Commission.” (June 29, 2016 letter) At the June 30, 2016 Special City Council meeting, Council Members Hardy, Reimers, Richards, Theis, and Mayor Dallas conducted a Public Hearing, Item 7: Beach Fires Revised Pilot Program Coastal Development Permit Approval. According to DRAFT City Council Meeting Minutes June 30, 2016, Action: Upon a motion made by Council Member Richards, seconded by Mayor Dallas, the City Council of the City of Carmel-by-the-Sea moved to adopt the findings and conditions of approval for a Coastal Development Permit for the Beach Fires Pilot Program with revisions to the program as follows:

• The staff will return to Council with an update in 120 days.
• City supplied wood fueled devices and user supplied propane devices will be allowed South of 8th Avenue.
• City supplied wood-fueled devices must be a minimum of 75 feet from the beach bluff.
• User supplied Propane devices must be a minimum of 25 feet from the beach bluff.
• Up to 12 City supplied wood-fueled devices will be provided evenly spaced 200 feet apart between 8th Avenue and Martin Way.
• Fifty percent of the City supplied wood-fueled devices available for public use at any time will be for communal use.
• Implement an educational outreach program to inform the public about proper use of propane devices.

Adopted, 4:1 (Council Member Reimers opposed)

CCC Carl Letter Carmel Beach Fire Management Plan 12-30-15

CALIFORNIA COASTAL COMMISSION

CENTRAL COAST DISTRICT OFFICE
December 30, 2015
Subject: Carmel Beach Fire Management Program

CCC Carl Letter Carmel Beach Fire Management Program 05-09-16

CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
May 9, 2016
Subject: Carmel Beach Fire Management Program

CCC Carl Letter to City Re Beach Fire Mngt Plan 6-6 16

CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
June 6, 2016
Subject: Carmel Beach Fire Management Program

CCC Carl Letter to City Re Beach Fire Mngt Plan 6-29-2016

CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
June 29, 2016
Subject: Carmel Beach Fire Management Program

Three Noteworthy 5 April 2016 City Council Regular Meeting Agenda Items

UPDATE:
Special Meeting 04-05-16

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

SPECIAL MEETING

Tuesday, April 5, 2016

ABSTRACT: Three Noteworthy 5 April 2016 City Council Regular Meeting Agenda Items, namely ANNOUNCEMENTS, PUBLIC APPEARANCES and Beach Fires Pilot Program Discussion, are presented. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA and Beach Fires Pilot Program Discussion Agenda Bill document copies are embedded.

Regular Meeting Agenda 04-05-16

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, April 5, 2016

Beach Fires Pilot Program Discussion 04-05-16

AGENDA BILL
Beach Fires Pilot Program Discussion

Ten Noteworthy 2 November 2015 City Council Special Meeting Agenda Items

ABSTRACT: Ten Noteworthy 2 November 2015 City Council Special Meeting Agenda Items, namely CLOSED SESSION, ANNOUNCEMENTS, PUBLIC APPEARANCES, CONSENT CALENDAR including Monthly Reports for the Month of September, Authorize the Purchase of Recyclable Materials and Yard Waste Trimming Carts, Receive a report on the North Dunes and Del Mar Dunes Habitat Restoration Plan, subsequent revisions to that plan, and prior Commission and Council actions with regards to the North Dunes and Del Mar Dunes., Consideration of a Resolution Declaring City's Intent to Establish the Carmel Hospitality Improvement District, Consideration of a Resolution calling the April 12, 2016, General Municipal Election for the purpose of electing a Mayor for a term of two (2) years and two members of the City Council for a term of four years each and requesting that the Monterey County Registrar of Voters (ROV) conduct the election; and authorizing the City Administrator to enter into an agreement with the Registrar of Voters to conduct the election, Adoption of a Resolution approving the transfer of $855,000 from the Measure D fund balance for street paving and sidewalk projects and Authorization of staff to send a letter to TAMC seeking approval for directing monies to the Carpenter Street repaving project and Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center, are presented. Council Reports and supporting materials are embedded as document copies.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

SPECIAL MEETING

Monday, November 2, 2015

CLOSED SESSION 4:30 P.M.

OPEN SESSION 5:30 P.M.

Special Meeting Agenda 11-02-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Monday, November 2, 2015

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

CLOSED SESSION

1. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 3 cases

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey County Superior Court Case No. M132929

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton, Plaintiff v. City of Carmel-by-the-Sea, Equal Employment Opportunity Commission Charge No. 485-2014-00453

ANNOUNCEMENTS

Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney.

PUBLIC APPEARANCES

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded.

CONSENT CALENDAR

All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

8. Monthly Reports for the Month of September (p.25)
a. Contracts executed within the City Administrator’s Signing Authority
b. Community Planning and Building Department Reports
c. Police, Fire, Ambulance and Beach Reports
d. Public Records Act Request Logs – City Clerk and Police
e. Forester’s Report
f. City Treasurer’s Report

Monthly Reports 11-02-15

9. AB 1034 Authorize the Purchase of Recyclable Materials and Yard Waste Trimming Carts.

Purchase of Recyclable Materials and Yard Waste Trimming Carts 11-02-15

12. AB 1037 Receive a report on the North Dunes and Del Mar Dunes Habitat Restoration Plan, subsequent revisions to that plan, and prior Commission and Council actions with regards to the North Dunes and Del Mar Dunes.

Report on the North Dunes and Del Mar Dunes Habitat Restoration Plan11!02!15

14. AB 1039 Consideration of a Resolution Declaring City's Intent to Establish the Carmel Hospitality Improvement District.

Carmel Hospitality Improvement District 11-02-15

15. AB 1040 Consideration of a Resolution calling the April 12, 2016, General Municipal Election for the purpose of electing a Mayor for a term of two (2) years and two members of the City Council for a term of four years each and requesting that the Monterey County Registrar of Voters (ROV) conduct the election; and authorizing the City Administrator to enter into an agreement with the Registrar of Voters to conduct the election.

General Municipal Election 11-02-15

21. AB 1046 Adoption of a Resolution approving the transfer of $855,000 from the Measure D fund balance for street paving and sidewalk projects and Authorization of staff to send a letter to TAMC seeking approval for directing monies to the Carpenter Street repaving project.

Street Paving and Sidewalk Projects 11-02-15

ORDERS

Orders of Council are agenda items that require City Council discussion, debate and/or direction.

23. AB 1048 Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center.

New Agreement Between the City & SCC 11-02-15

Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center.

CITY OF CARMEL-­BY-­THE-­SEA ORDINANCE NO. 2015-­005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS & Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15)

ABSTRACT: CITY OF CARMEL-­BY-­THE-­SEA ORDINANCE NO. 2015-­005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS and Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15) documents copies are embedded.

Ordinance No. 2015-005 Urgency Ordinance Prohibiting Beach Fires on Carmel Beach 08-06-15

CITY OF CARMEL-­BY-­THE-­SEA
ORDINANCE NO. 2015-­005
AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS
August 6, 2015
NOTE: RE: Specialists with the Monterey Bay Unified Air Pollution Control District (MBUAPCD) have collected data on air quality at a residential property on Scenic Road in Carmel-­by-­the-Sea. 13th Avenue monitoring station
NOTE: Forest and Beach Commissioner Kathy Bang, a proponent of the Carmel Beach Fire Ban, owns a residential property on Scenic Road.

Carmel Beach 24-Hr. Ave PM2.5 (5-22-15 to 10-08-15)

Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15)
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District

Carmel Beach 8-Hr. Ave PM2.5 (5-21-15 to 10-08-15)

Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15)

SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District

Carmel Beach 1-Hr. Ave PM2.5 (5-21-15 to 10-08-15)

Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15)
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)

Monterey Bay Unified Pollution Control District

QUESTIONS:

1. Using the reasonable person standard, does the air quality data represented in Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) and Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15) support an Urgency Ordinance Prohibiting Beach Fires on Carmel Beach Friday through Sunday and all National or State Holidays?

2. Has the City of Carmel-by-the-Sea demonstrated that the wood smoke from the City’s beach fires is directly responsible for a public health problem?

3. A definition of “public nuisance” is “an act, condition, or thing that is illegal because it interferes with the rights of the public generally.” Do Carmel Beach fires constitute a “public nuisance?”

4, Has the City demonstrated that Carmel beach fires “cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or which endanger the comfort, repose, health, or safety of any such persons or the public; or which cause, or have a natural tendency to cause, injury or damage to business or property?”
(MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
RULE 402 – NUISANCES (Adopted 9-1-1968) (Revised 3-22-2000 and 8-21-2002))

5. Is ORDINANCE NO. 2015-­005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS, adopted August 6, 2015, consistent with the CALIFORNIA COASTAL ACT (2015)?
PUBLIC RESOURCES CODE
DIVISION 20
CALIFORNIA COASTAL ACT  (2015)

6. Are science and data driving public policy or are politics and a political agenda driving the interpretation of the science and data?

REFERENCE:
Nuisance and the Beach: How Much Control Should a State Exercise Over Beach Fire Rings?
Paul J. Weinberg, ZONING AND PLANNING LAW REPORT, FEBRUARY 2014 | Vol. 37 | No. 2

Attachment 1: Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15), 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) & 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), AGENDA ITEM NO. 18: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE CITY OF CARMEL-BY-THE-SEA’S BEACH FIRES, Monterey Bay Unified Air Pollution Control District (MBUAPCD) BOARD OF DIRECTORS, October 21, 2015

ABSTRACT: Attachment 1: Carmel Beach 1-Hr. Ave PM2.5 ((5/21/15 to 10/08/15), 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) and 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), AGENDA ITEM NO. 18: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE CITY OF CARMEL-BY-THE-SEA’S BEACH FIRES, Monterey Bay Unified Air Pollution Control District (MBUAPCD), BOARD OF DIRECTORS, October 21, 2015, is featured. The MPUAPCD October 21, 2015 Agenda and Attachment 1, AGENDA ITEM 18, document copy is embedded.

Mbuapcd Board of Directors Agenda & Agenda Item 18 Attachment 1 10-21-2015 Linked

Monterey Bay Unified Air Pollution Control District

BOARD OF DIRECTORS

MEETING AGENDA & Attachment 1, AGENDA ITEM NO. 18: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE CITY OF CARMEL-BY-THE-SEA’S BEACH FIRES

October 21, 2015

Monterey Bay Unified Air Pollution Control District

The District’s Vision Statement:

All individuals in the MBUAPCD jurisdiction will live, work and play in a clean air environment. Individual and communities are encouraged to make choices in their daily lives that promote clean air quality.

The District’s Mission Statement:
The mission of the Monterey Bay Unified Air Pollution Control District is to Protect Public and Environmental Health while balancing Economic and Air Quality Considerations.

The District is responsible for air monitoring, permitting, enforcement, long-range air quality planning, regulatory development, education and public information activities related to air pollution, as required by the California Clean Air Act and Amendments (HSC Section 40910 et seq.) and the Federal Clean Air Act and Amendments (42 U.S.C. Section 7401 et seq.).

California Health and Safety Code Sections 39002, et seq. and 40000, et seq. require local districts to be the primary enforcement mechanism for air pollution control. Districts must have rules and regulations for the implementation and enforcement for the attainment and maintenance of federal and state ambient air standards.

Board of Directors Meeting Agendas 

U.S. Environmental Protection Agency (EPA): Annual Health National Ambient Air Quality Standard (NAAQS) for fine particles to 12.0 micrograms per cubic meter (μg/m3) and retaining the 24-hour fine particle standard of 35 μg/m3, 2012

ABSTRACT:  EPA Revises the National Ambient Air Quality Standards for Particle Pollution December 14, 2012 - The U.S. Environmental Protection Agency took important steps to protect the health of Americans from particle pollution by strengthening the annual health National Ambient Air Quality Standard for fine particles (PM2.5) to 12.0 micrograms per cubic meter (µg/m3). The agency also retained the existing standards for coarse particle pollution (PM10).

·    Final Rule (PDF) (203pp, 4.1 MB) - Federal Register - January 15, 2013

·    Press release

·    Overview Fact Sheet (PDF) (3pp, 301k)

·    Fact Sheet: Health (PDF) (3pp, 318k)

·    Fact Sheet: Standards and Air Quality Index (PDF) (5pp, 380k)

·    Fact Sheet: Implementing the Standards (PDF) (4pp, 287k)

·    Regulatory Impact Analysis (PDF) (474pp, 10.2 MB)

ENVIRONMENTAL PROTECTION AGENCY Federal Register National Ambient Air Quality Standards for Particulate Matter, Final rule.

SUMMARY: Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is making revisions to the suite of standards for PM to provide requisite protection of public health and welfare and to make corresponding revisions to the data handling conventions for PM and to the ambient air monitoring, reporting, and network design requirements. The EPA also is making revisions to the prevention of significant deterioration (PSD) permitting program with respect to the NAAQS revisions.

With regard to primary (health-based) standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers (mm) in diameter, PM2.5), the EPA is revising the annual PM2.5 standard by lowering the level to 12.0 micrograms per cubic meter (mg/m3) so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease), and to retain the 24-hour PM2.5 standard at a level of 35 mg/m3. The EPA is revising the Air Quality Index (AQI) for PM2.5 to be consistent with the revised primary PM2.5 standards. With regard to the primary standard for particles generally less than or equal to 10 mm in diameter (PM10), the EPA is retaining the current 24-hour PM10 standard to continue to provide protection against effects associated with short-term exposure to thoracic coarse particles (i.e., PM10-2.5). With regard to the secondary (welfare-based) PM standards, the EPA is generally retaining the current suite of secondary standards (i.e., 24-hour and annual PM2.5 standards and a 24-hour PM10 standard). Non-visibility welfare effects are addressed by this suite of secondary standards, and PM-related visibility impairment is addressed by the secondary 24-hour PM2.5 standard.

DATES: The final rule is effective on March 18, 2013.

Pages From Extension of Beach Fires Moratorium Urgency Ordinance 09-01-15

MONTEREY BAY UNIFIED AIR POLLUTION
CONTROL DISTRICT DATA
6/21 to 7/31/2015

Air Quality Guide PM 2015

Air Quality Guide for Particle Pollution

Pollutant: PM2.5 – Particulate < 2.5 microns (24 hr. avg)

Air Quality Index	Concentration (ug/m3)	AQI Category
0-50	0.0-12.0	GOOD
51-100	12.1 – 35.4	MODERATE
101-150	35.5 – 55.4	UNHEALTHY FOR SENSITIVE GROUPS
151-200	55.5 – 150.4	UNHEALTHY
201-300	150.5 – 250.4	VERY UNHEALTHY
301-500	250.5 – 500.4	HAZARDOUS

REFERENCES:

AQI Calculator: AQI to Concentration
AQI Calculator: Concentration to AQI

DATA ANALYSIS CARMEL BEACH PM2.5

6/21 to 7/31/2015

Carmel Beach 24-Hr Ave PM2.5

AQI CATEGORY	NUMBER OF HOURS
GOOD	883
MODERATE	101
UNHEALTHY FOR SENSITIVE GROUPS	0
UNHEALTHY	0
VERY UNHEALTHY	0
HAZARDOUS	0

TOTAL HOURS 984
Carmel Beach 1-Hour Average PM2.5

AQI CATEGORY	NUMBER OF HOURS
GOOD	965
MODERATE	13
UNHEALTHY FOR SENSITIVE GROUPS	6
UNHEALTHY	0
VERY UNHEALTHY	0
HAZARDOUS	0

TOTAL HOURS 984

Air Quality Rating	Air Quality Index (AQI)	PM2.5 1-hour Average (µg/m3)	PM2.5 24-hour Average (µg/m3)
GOOD	0 - 50	0.0 - 40.4	0.0 - 12.0
MODERATE	51 - 100	40.5 - 80.4	12.1 - 35.4
UNHEALTHY FOR SENSITIVE GROUPS	101 - 150	80.5 - 175.4	35.5 - 55.4
UNHEALTHY	151 - 200	175.5 - 300.4	55.5 - 150.4
VERY UNHEALTHY	201 - 300	300.5 - 500.4	150.5 - 250.4
HAZARDOUS	>300	>500.5	>250.5