HomeMy WebLinkAboutSS3 - Obstructions on Public Beaches9 •
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Study Session Agenda Item No. 3S 3
August 11, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Robert M. Luman, Chief of Police, 949 644 3701, RLuman @nbpd.org
Dale Johnson, Captain, 949 644 3720, DJohnson @nbpd.org
SUBJECT: CHANGES TO NBMC 11.08.010 (OBSTRUCTIONS ON PUBLIC
BEACHES PROHIBITED) AND NBMC 11.08.020 (USE OF
CONCEALING UMBRELLAS PROHIBITED)
ISSUE:
Should City Council adopt an Ordinance amending City of Newport Beach Municipal
Code Sections 11.08.010 and 11.08.020 to further regulate the use of shade coverings
on ocean beaches, bay beaches, and tidelands?
RECOMMENDATION:
Provide Staff input and direction so this item can be placed on the September 8, 2009,
Agenda for Action.
DISCUSSION:
Background:
With the advent of new shade coverings, it has become apparent to staff and residents
that more beachgoers have begun to use "easy -up" devices and tent -style apparatus to
provide shade while visiting City public beaches. Many of these shade devices have
fabric sides, which either partially or completely enclose the covering. This enclosed
covering prohibits Police and other City personnel from clearly observing occupants of
these enclosures engaging in illegal activities, such as alcohol consumption or narcotics
use. These coverings are also an eyesore to both visitors and residents alike, and they
prohibit beachgoers from having an appropriate view of the beach and water. These
devices often take up considerable space on the beach that could otherwise be used by
other visitors.
Changes to NBMC — 11.08.010111.08.020
August 11, 2009
Page 2
Analysis:
As a comparison with neighboring jurisdictions, the Laguna Beach Municipal Code
(LBMC 18.04.020) prohibits the use of a tent upon any beach and prohibits awnings,
umbrellas, and covers over six feet tall or larger than six feet square on any beach. The
Huntington Beach Municipal Code (NBMC 13.08.051) prohibits any canopy in excess of
100 square feet, or any tent without at least two sides completely open to public view on
the beach. According to Ken Kramer, employee of the California State Parks, tents,
which are viewed as camping equipment, are not allowed at the Crystal Cove State
Beach; however, they do allow umbrellas and "easy -up" shade coverings that are not
fully enclosed on the State beach.
City staff has received numerous complaints from residents regarding their observations
of a proliferation of various shade coverings and devices on public beaches, which have
been described as "eyesores" to some, significantly obstructing the natural aesthetic
views of the ocean and beaches. These tents and shade coverings are often
accompanied by barbeques, beach furniture, and other equipment that take up a
tremendous amount of space and closely resemble "campsites" that add to the general
overcrowding of the beach. The proposed changes to the Municipal Code are intended
as a balance between the needs of the public for some measure of shade on the City
beaches, the overall aesthetics of perhaps the City's most remarkable natural resource,
and the need to maintain unobstructed observation by City staff, as well as responsible
members of the public, of potential unlawful activity in often very crowded conditions.
Efforts to educate beachgoers about prohibited equipment on the beach, such as
barbeques, began in earnest last summer. Similarly, these proposed changes would
require the public to become educated concerning appropriate shading devices. These
education and enforcement efforts are further challenged by the limited resources of the
Police Department, the Recreation and Senior Services Department, and other City
staff, all of whom face competing priorities. It is likely that it will take several seasons of
education and enforcement to gain widespread compliance and fully realize a significant
improvement in this area.
NBMC Section 11.08.010 allows for the placement of beach umbrellas, sunscreens,
shades, or similar objects in conjunction with the daytime use of any ocean beach, bay
beach, or tideland. Section 11.08.020 prohibits the use of beach umbrellas that have a
side wall attached thereto and requires beach umbrellas to be fully exposed from all
sides of the public view at all times. The proposed changes will definitively clarify which
type of beach umbrellas are allowed, as the options available to consumers have
changed and may continue to change in the future. In response to concerns from
residents, the proposed changes are provided for your consideration.
• Changes to NBR — 11.08.010/11.08.020
August 11, 2009
Page 3
Environmental Review:
The adoption of this Ordinance is not considered a project for purpose of the California
Environmental Quality Act.
Public Notice:
It will be necessary to edit City signage to include the changes to the Municipal Code.
Funding Availability:
Since this Ordinance will be addressed during normal Code Enforcement, Park Patrol,
Fire and Marine services, and Police enforcement, there will be no funding issues.
Prepared by:
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Dale Johns , Captain
Patrol/Traffic Division Commander
Attachment: Proposed Ordinance
Submitted by:
Rob rt M. Luman
CHIEF OF POLICE
ORDINANCE NO. 2009 -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTIONS
11.08.010 AND 11.08.020 OF CHAPTER 11.08 OF
TITLE 11 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO OBSTRUCTIONS ON
PUBLIC BEACHES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 11.08.010 of Chapter 11.08 is amended to read as follows:
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as
volleyball or badminton pole /net, portable play apparatus, and trampoline), fence,
fire pit or barbecue, or similar encroachment on any public bay beach, ocean
beach, tideland or park unless authorized or permitted to do so by formal action
of the City Council, the written consent of the City Manager, or the provisions of
this Code. Except as provided in Section 11.08.020 of Chapter 11.08, the
provisions of this section shall not prohibit the placement of a shade covering
including, but not limited to, umbrellas, canopies, tents or similar objects, on any
ocean beach, bay beach or tideland.
SECTION 2: Section 11.08.020 of Chapter 11.08 is amended to read as follows:
11.08.020 Use of Shade Coverings.
No person shall erect, maintain or occupy a shade covering, which shall include,
but not be limited to, umbrellas, canopies, tents or similar objects, or group of
shade coverings which consists of two or more shade coverings on any ocean
beach, bay beach or tideland unless the following provisions are complied with:
(1) The dimensions of any shade covering or group of shade coverings shall
not exceed one - hundred (100) square feet or six (6) feet in height.
(2) The shade covering or group of shade coverings shall have at least two
sides completely open to public view.
(3) The shade covering or group of shade coverings shall not interfere with a
lifeguard's ability to see the water or adjacent lifeguard towers and any
shade covering or group of shade coverings shall be relocated at the
request of a lifeguard or law enforcement officer.
(4) The shade covering or group of shade coverings shall not obstruct any
emergency or public access or be located within fifty (50) feet of any
emergency or public access.
1
0 0
(5) The shade covering or group of shade coverings shall only be erected,
maintained, or occupied during daytime hours (six a.m. to seven p.m.)
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, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: 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 once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 5: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the _ day of 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MA
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt, City Attorney
A09 -00371
Tent & Umbrella 05.30.09
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
May 26, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
John Klein, Chief of Police, 644 3701, JKlein @nbpd.org
Dale Johnson, Captain, 949 644 3720, DJohnson ®nbpd.org
SUBJECT: CHANGE TO NBMC 11.08.010
-OBSTRUCTIONS ON PUBLIC BEACHES PROHIBITED
ISSUE:
Should the City Council approve changes to 11.08.010 NBMC prohibiting the use of
certain shade type coverings on public beaches?
RECOMMENDATION:
Introduce the attached Ordinance amending Section 11.08.010 of Title 11 of the
Newport Beach Municipal Code pertaining to recreational activities, and pass to second
reading on June 9, 2009.
DISCUSSION:
Background:
With the advent of new shade coverings, it has become apparent to staff and residents
that more beachgoers are using "easy -up" devices and tent -style 60paratus to provide
shade while visiting City public beaches. Many of these shade devices have fabric
sides, which either partially or completely enclose the covering. This enclosed covering
prohibits Police and other public safety personnel from clearly observing all areas of the
beach for public safety concerns, including any illegal activities inside the enclosures,
such as alcohol•tonsurnption or narcotics use. The shade coverings are also an
eyesore to both visitors and residents alike, and prohibit- beachgoers from having an
appropriate view of1he•.beach and water. These devices often take up considerable
space on the beach that could otherwise be utilized by visitors.
As a comparison with neighboring jurisdictions, the Laguna Beach Municipal Code
(LBMC 18.04.020) prohibits the use of a tent upon any beach and prohibits awnings,
umbrellas, and covers over six feet tall or larger than six feet square upon any beach.
• Ch�ge to NBMC — 11.08.010
May 26, 2009
Page 2
The Huntington Beach Municipal Code (HBMC 13.08.051) prohibits any canopy in
excess of 100 square feet, or any tent without at least two sides completely open to
public view on the beach area. According to California State Parks employee, Ken
Kramer, at Crystal Cove State Beach tents are prohibited, which they view as camping;
however, they do allow umbrellas and "easy -up" shade coverings that are not fully
enclosed on the State beach.
City staff has received numerous complaints from residents regarding their observations
of a proliferation of various shade coverings and devices on public beaches, which have
been described as "eyesores" to some, significantly obstructing the natural aesthetic
views of the ocean and beaches. These tents and shade coverings are often
accompanied by barbeques, beach furniture, and other devices that occupy a
tremendous amount of space and closely resemble "campsites" that add to the general
overcrowding of the beach. The proposed changes are intended as a balance between
the needs of the public for some measure of shade on the beaches, the overall
aesthetics of perhaps the City's most remarkable natural resource, and the need to
maintain unobstructed observation by City staff and responsible members of the public
of potential unlawful activity, in often very crowded conditions.
Efforts to educate beachgoers about prohibited equipment on the beach, such as
barbeques, began in earnest last summer. Similarly, this proposed change would
require the public to be educated concerning appropriate shading devices. These
education and enforcement efforts are further challenged by the limited resources of the
Police Department, the Recreation and Senior Services Department, and other City
staff, all of whom face competing priorities. It is likely that it will take several seasons of
education and enforcement to gain widespread compliance and fully realize a significant
improvement in this area. Most of the general public, when made aware of an existing
ordinance, will comply with the regulations, and that is the expectation with this
ordinance as well.
City Ordinance NBMC 11.08.010 allows for the placement of beach umbrellas,
sunscreens, shades, or similar objects in conjunction with the daytime use of any ocean
beach, bay beach, or tideland. City Ordinance NBMC 11.08.020 prohibits the use of
beach umbrellas that have a side wall attached thereto and requires beach umbrellas
to, at all times, be fully exposed from all sides of the public view. The proposed
changes will definitively clarify which type of beach umbrellas are allowed, as the
options available to consumers have changed and may continue to change in the future.
In response to concerns from residents, the proposed changes are provided for your
consideration.
Environmental Review:
This Ordinance does not constitute a project under the California Environmental Quality
Act.
i 0
Change to NBMC — 11.08.010
May 26, 2009
Page 3
Public Notice:
Notice of this item was noticed in accordance with the provisions of the Brown Act.
Funding Availability:
Minor costs associated with changing of the signs.
Prepared by:
K
Dale Joh son, Captain
Patrol Division
Attachment: Proposed Ordinance
Submitted by:
w...
ohn Klein
CHIEF OF POLICE
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
11.08.010 OF TITLE 11 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
RECREATIONAL ACTIVITIES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 11.08.010 of Chapter 11.08 is amended to read as follows:
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as
volleyball or badminton pole /net, portable play apparatus, and trampoline), tent,
canopy, awning, umbrella over six feet (61 tall, "easy -up" type shade covering or
similar shade covering or device fence, fire pit or barbecue, or similar
encroachment on any public bay beach, ocean beach, tideland or park unless
authorized or permitted to do so by formal action of the City Council, the written
consent of the City Manager, or the provisions of this Code. The provisions of
this section shall not prohibit the placement of beach an umbrella under six feet
6 tallumbr+eNas consisting of a fabric held on a collapsible frame of thin ribs
radiating from the top of a single carrying stick post pole or handle sunseFee„s;
shades or similar objeets in conjunction with the daytime use of any ocean
beach, bay beach or tideland.
SECTION 2: 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, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: 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 once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the _ day of _ , 2009, by the following vote, to wit:
Fi
• •
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MA
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM:
David R. Hunt, City Attorney
K
• i
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
11.08.010 OF TITLE 11 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
RECREATIONAL ACTIVITIES
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 11.08.010 of Chapter 11.08 is amended to read as follows:
11.08.010 Obstructions on Public Beaches Prohibited.
No person shall install, erect, or place any sign, recreational equipment (such as
volleyball or badminton pole /net, portable play apparatus, and trampoline), tent,
canopy, awning, umbrella over six feet (6) tall, "easy -up" type shade covering or
similar shade covering or device, fence, fire pit or barbecue, or similar
encroachment on any public bay beach, ocean beach, tideland or park unless
authorized or permitted to do so by formal action of the City Council, the written
consent of the City Manager, or the provisions of this Code. The provisions of
this section shall not prohibit the placement of beach an umbrella under six feet
(6') tall consisting of a fabric held on a collapsible frame of thin ribs radiating from
the top of a single carrying stick, post, pole or handle, in conjunction with the
daytime use of any ocean beach, bay beach or tideland.
SECTION 2: 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, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: 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 once in the
official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2009,
and adopted on the _ day of . 2009, by the following vote, to wit:
1
• •
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
Leilani Brown, City Clerk
APP OVED AS TO FORM:
vim C . GG^-
David R. Hunt, City Attorney
2
0 6
We know it's difficult for the Council to get to Big Corona and truly see what is
going on with regard to tents on the beach. So, we are providing you with a small
photo album with pictures taken during the last two weeks in July. This way you can,
at your leisure, become more aware of the issues we are asking you to please consider
when formulating the tent ordinance. PLEASE NOTICE THAT MOST VISITORS
ARE USING EASY -UP CANOPIES WITHOUT SIDES. The information cards at
the entrance to Big Corona are helping to educate visitors.
When the sun starts down in the west, people are lowering two legs of their canopies
to provide a 10' by 10' barrier to the sun. Some are hanging towels on the only one
side that the sun comes from. It's working well.
If people are allowed to cover two sides of their canopies, the two sides opposite one
another or next to one another, a barrier is created and, it appears, the police officers
and park patrol officers will have to walk the span of the beach to see into the easy -
ups. Beach goers will also be deprived of the environment they have come to the
beach to enjoy. Likewise, for half tents. These half domes block views as a full tent
does, block ocean breezes, and require patrol officers to do extra patrolling to see into
them.
With regard to "see- through" tents, we believe this will certainly help our police
officers to discover any illicit activities. However, if beach visitors are sitting behind
"see- tbrough" tents, they are only see - through for those INSIDE of them. Sitting on
the beach behind these tents requires people to attempt to see through two thick layers
of netting and whatever else is inside the tents - -- tables, etc. To say nothing of the
need for open space to allow the ocean breeze to do what people come to the beach
for - - -to cool off. Police and Park Patrol officers will be able to do their jobs better
without tents. We support no see - through tents and, therefore, avoiding campsites.
Big Corona is % mile long, a very small expanse. Because of this, we are aware that
the larger beaches on the Peninsula may not require this type of ordinance. Big
Corona is not "big." It is encumbered with huge numbers of visitors with great
density and what ever can be done for the environment and health and safety of all is
much appreciated.
Please provide an ordinance for Big Corona for no tents and one covered side only on
easy -up canopies.
Thank you for your help in this important issue.
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