HomeMy WebLinkAbout05 - Amending NBMC Section 11.08.060 of Chapter 11.08CTY OF
F
NEWPORT BEACH
" City Council Staff Report
July 14, 2015
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager— (949) 644-3002, dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager
PHONE: (949) 644-3002
TITLE: Adoption of Ordinance No. 2015-21 Amending Newport Beach Municipal Code
Section 11.08.060 of Chapter 11.08
ABSTRACT:
The second reading and adoption of Ordinance No. 2015-21 (Attachment A), amending Newport Beach
Municipal Code ("Municipal Code") Section 11.08.060 of Chapter 11.08 relating to Beach Fire Rings.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2015-21, An Ordinance of the City Council of the City of
Newport Beach, California Amending Section 11. 08.060 of Chapter 11.08 of the Newport Beach Municipal
Code Relating to Beach Fire Rings.
FUNDING REQUIREMENTS:
Not applicable.
DISCUSSION:
On June 23, 2015, the City Council introduced and passed to second reading Ordinance No. 2015-21,
which approved the amendment to Municipal Code subsection 11.08.060. The code revisions under
consideration make small changes to the City's current code on fuel for fire rings. These changes include
eliminating a sunset provision that would have made the section expire in 2016 as well as clarifying that the
City will designate what fuels can be burned in what rings in accordance with the issued CDP.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find compliance with Rule 444 is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) and CEQA
Guidelines Section 15268(a) because the City's proposal to space the fire rings farther apart and convert
wood burning rings to charcoal -only rings is mandated by South Coast Air Quality Management District's
Rule 444. The City's compliance with Rule 444 is therefore ministerial. Further, based upon the
substantial evidence contained herein, spacing wood -burning fire rings farther apart and converting wood
burning rings to charcoal -only rings will not cause significant impacts to the environment and therefore
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exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
In addition, aspects of this project are exempt pursuant to CEQA Guidelines Section 15301, Operation,
Repair, Maintenance, or Minor Alteration of Existing Structures or Facilities (Class 1), CEQA Guidelines
Section 15302, Replacement or Reconstruction of Existing Structures or Facilities (Class 2), CEQA
Guidelines Section 15303, New Construction, Installation or Conversion of Small Structures, Facilities or
Equipment (Class 3), CEQA Guidelines Section 15304, Minor Alterations to Land, Water or Vegetation
(Class 4), CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations (Class 5), CEQA
Guidelines Section 15311, Construction or Placement of Accessory Structures (Class 11), and CEQA
Guidelines Section 15323, Normal Operations of Existing Facilities for Public Gatherings (Class 23), in that
aspects involve a replacement or reconstruction of existing structures, specifically the fire rings, within what
is generally the same beach footprint, the addition/modification of signage, and minor modifications to the
City's Municipal Code.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Ordinance
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ATTACHMENT A
ORDINANCE NO. 2015-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
11.08.060 OF CHAPTER 11.08 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO BEACH FIRE RINGS
RECITALS
WHEREAS, the City of Newport Beach ("City") is a tourist destination for millions of in-
state and out of state residents, and international visitors;
WHEREAS, many visitors are drawn to the City for our fresh air, clean ocean water,
and miles of pristine coast line;
WHEREAS, prior to the adoption of South Coast Air Quality Management District Rule
444 ("Rule 444"), the City had 60 wood burning fire rings in the vicinity of the Balboa Pier and
at Corona del Mar State Beach;
WHEREAS, to comply with Rule 444, the City implemented a temporary plan whereby
the number of fire rings was reduced from 60 wood burning fire rings to a combination of 56
wood burning and charcoal -only burning fire rings;
WHEREAS, on June 11, 2015, the California Coastal Commission approved the City's
application for a Coastal Development Permit to replace the City's temporary plan with a
permanent plan;
WHEREAS, the permanent plan provided for 64 fire rings and included adding fire
rings to a new location, relocating fire rings, including a mix of wood -burning and charcoal -
only fire rings, and making access to some fire rings consistent with the Americans with
Disabilities Act ("ADA");
WHEREAS, to implement the Coastal Development Permit, the City must modify the
Newport Beach Municipal Code provisions related to the fuels that can be burned in fire rings;
and
WHEREAS, the City has a compelling interest in the health, safety, and welfare of
both residents and visitors and wishes to prevent any use of fire rings that may negatively
affect beachgoers, residents, and the environment.
NOW THEREFORE, the City Council of the City of Newport Beach does ordain as
follows:
Section 1: Section 11.08.060, Chapter 11.08, Title 11, of the Newport Beach
Municipal Code is hereby amended to read as follows:
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Ordinance No. 2015-21
Page 2 of 3
11.08.060 Use of Beach Fire Rings.
A. No person shall burn, ignite or otherwise set on fire any material in a fire
ring or fire pit, except natural wood, lighter fluid, fire log(s), or charcoal
(collectively "fuel"), unless the person is burning the fuel in a fire ring or
fire pit that has been specifically designated by the City Manager as a
fire ring or fire pit where the designated fuel may be burned. The City
Manager shall designate what fuel may be burned in fire rings and fire
pits in accordance with the Coastal Development Permit related to the
location and use of fire rings.
B. For purposes of this Section, the following terms shall be defined as
follows:
1. "Natural Wood" means the hard fibrous substance consisting
basically of xylem that makes up the greater part of the stems,
branches, and roots of trees and shall not include any material that
has been processed or treated including, but not limited to, wooden
pallets, books, newspapers, furniture, or construction materials.
2. "Fire Log" means any manufactured log constructed of sawdust;
sawdust and paraffin; or waste fiber from the oil palm.
3. "Charcoal" means a carbon substance obtained as a residue when
wood or other organic matter is heated in the absence of air.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 4: The City Council finds the introduction and approval of this ordinance is
not subject to the California Environmental Quality Act ("CEQA") because compliance with
AQMD Rule 444 is not subject to CEQA pursuant to Public Resources Code Section
21080(b)(1) and CEQA Guidelines Section 15268(a) because the City's proposal to space
the fire rings farther apart and convert wood burning rings to charcoal -only rings is mandated
by Rule 444. The City's compliance with Rule 444 is therefore ministerial. Further, based
upon the substantial evidence, the City Council finds that spacing wood -burning fire rings
farther apart and converting wood burning rings to charcoal -only rings will not cause
significant impacts to the environment and therefore is exempt from CEQA pursuant to CEQA
Guidelines Section 15061(b)(3).
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Ordinance No. 2015-21
Page 3 of 3
In addition, this ordinance and aspects of the project are exempt pursuant to CEQA
Guidelines Section 15301, Operation, Repair, Maintenance, or Minor Alteration of Existing
Structures or Facilities (Class 1), CEQA Guidelines Section 15302, Replacement or
Reconstruction of Existing Structures or Facilities (Class 2), CEQA Guidelines Section 15303,
New Construction, Installation or Conversion of Small Structures, Facilities or Equipment
(Class 3), CEQA Guidelines Section 15304, Minor Alterations to Land, Water or Vegetation
(Class 4), CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations (Class
5), CEQA Guidelines Section 15311, Construction or Placement of Accessory Structures
(Class 11), and CEQA Guidelines Section 15323, Normal Operations of Existing Facilities for
Public Gatherings (Class 23), in that this ordinance and aspects of the project involve the
replacement or reconstruction of existing structures, specifically the fire rings, within what is
generally the same beach footprint, the addition/modification of signage, and minor
modifications to the City's Municipal Code via this ordinance.
Section 5: 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 pursuant to Charter Section
414, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 23rd day of June 2015, and adopted on the 140 day of July, 2015,
by the following vote, to wit:
AYES, COUNCIL MEMB
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
EDWARD D. SELICH. MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFIP-
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AARON C. HARP, CITYLATTORNEY
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