7.a beach fire program appeal
TRANSCRIPT
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F CITY OF CARMEL-BY-THE-SEA
Council Report
May 4, 2015
To: Honorable Mayor and Members of the City CouncilDouglas J. Schmitz, City Administrator
From: Sharon Friedrichsen
Subject: Consideration of an appeal of the Planning Commission’s approval ofCoastal Development Permit (MP 15-100) for the beach fire managementpilot program located along and seaward of Scenic Avenue from Eighth
Avenue to Martin Way on Scenic Road, in the Improved ParklandsOverlay (P-2), and Beach and Riparian Overlay (BR) ZoningDistricts. The application is being appealed by Nancy Chira-Garcia, Bill
Shellooe, Mary Louise Shellooe and Alexis Delehanty
RECOMMENDATION:
Remand the project to the Planning Commission for consideration of revisions to the
management plan and direct Staff to initiate additional enforcement of existing regulations
specifically related to the designated area for beach fires.
EXECUTIVE SUMMARY:
Subsequent to recommendations by the Forest and Beach and Planning Commissions, City
Council approved the concept of a beach fire management pilot program on 3 February 2015.
The Planning Commission approved a Coastal Development Permit (CDP) for the pilotmanagement program on 8 April 2015. The approval of the CDP was appealed by four
individuals: Nancy Chira-Garcia, Bill Shellooe, Mary Louise Shellooe and Alexis Delehanty.
The primary reason stated for the appeal is that the pilot program does not conform to the
City’s Local Coastal Program (LCP).
Subsequent to the Planning Commission’s approval of the CDP, City staff received a
comment letter on the pilot program from staff at the Central Coast District Office of the
California Coastal Commission. The Commission staff’s letter noted potential conflicts of the
pilot program with the City’s LCP, and recommended revisions to the pilot program to attain
LCP compliance. The revisions and additional information requested should be reviewed bythe Planning Commission, so that the Commission can act on a revised CDP. The appeal
applications are included as Attachment 1. The comment letter from Coastal Commission
staff is included as Attachment 2.
FISCAL IMPACT:
No fees have been collected for the filing this type of appeal.
Budgeted (yes/no) Funding Source (general fund, grant, state)
No General Fund
1
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
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PREVIOUS COUNCIL ACTION/DECISION HISTORY:
Council approved the pilot program on 3 February 2015.
ATTACHMENTS:
1. Appeal Applications2. 20 April 2015 Comment Letter from Coastal Commission Staff3. Letter from Appellants Mary Louis and Bill Shellooe
APPROVED:
____________________________________ Date: __________________
Douglas J. Schmitz, City Administrator
2
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
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ATTACHMENT 1
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 3
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 3
City
o Ca
rmel-by-the-Se
ITY OF CARMEL-BY-THE-SEA
APR
13
2 15
APPEAL OF PLANNING CO:Mlv1ISSION DECISION Received
(FILING FEE: ~ Bt4- E:>2
\\lo r { _ ~ ~ \ l
{n t
5
Property Owner: _
Mailing Address:
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Phones:
Day
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.
._______ Evening:
Fax: ( ) Email: _ _. _
Date Board heard the matter: f tea/ \5
-
Appeals to the City Council
must
be made in writing in the office
of
he City Clerk within
1 working daysfollowing the date o action by
the
Planning Commission
and paying
the
requiredfilingfee
as established by City Council resolution.
Physical location ofproperty that is the subject of appeal:
( A-f\,1 13 L g s - ~
~ ±
Lot(s):
____
Block:
APN: ______
______
_
COMMISSION ACTION BEING
P P E A L E D - - ~
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. f e q J ~ 8 /
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If
you were NOT the original applicant or the applicanfs representative, please state the
evidence that you are an aggrieved party: - - - -
(CONTINUED ON REVERSE SIDE)
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 4
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 4
- = - - - ~ - t t - t h H I S {3
it
D Y OF ~ ~ - - I _ . _
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f f
$295.00 fee* received: (Stafflnitial)
Receipt :
ATTE
ST
:
*Article 9, Section 7, of the Constitution of the State ofCalifornia authorizes a city to
impose fees. Also see California government Code, Section 54344.
IMPORTANT If the appellant wishes to submit materials for duplication and
inclusion in the City of Cannel-by-the-Seas Council agenda packet, the materials must be
submitted to
the
City Clerk
by ~
working days after the decision of the
C o m m i s s i ~
This matter is tentatively scheduled
t
be
heard on
s JfLi_5'
r
dat
unc/VAPPEAL
PLANNING
FORM d«
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8/9/2019 7.a Beach Fire Program Appeal
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 5
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 5
CITY OF CARMEL-BY-THE-SEA
City of Carmel-by-the
AP
R 13 201 5
APPEAL OF PLANNING COl\1MISSION DECISION
Received
(FILING FEE: 295.00'*) o o
B
Nu r{_'-._ \ \W
i
n il
5
Property Owner: _ _
Mailing Address: _
--.:.::...:
_
Phones: Day:
/ _,..._,..'---'-----'--=----'--4--- Evening: ( ) .
F ~ : )
Email:
- - - -
Date Board heard the matter:
We c\
~ x ~ \ ~ ( -f ) / 5 I
Appeals to the City Council must be made in w r i t 1 ~ g in the office of he City Clerk within
10
working days following the date
o f
action by the
Planning
Commission andpaying
the required filing fee as established by City Council resolution.
Physical location of property that is the subject of appeal:
Lot(s): _ _ _
Block:
-
-
APN: _ _ _ _
COMMISSION ACTION BEING APPEALED:
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If
you were
NOT
the original applicant or the applicanfs representative, please state the
evidence that you are an aggrieved party: -
-
(CONTINUED ON REVERSE SIDE)
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 6
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 6
GROUNDS FOR APPEAL: (State the specific basis
fo
r your appeal, such as errors or
omissions you belie
ve
were committed by the Commission in reaching its decision, etc.)
7 \ot
05/Sf/\ J ) _ ~ ~ _ ~
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8/9/2019 7.a Beach Fire Program Appeal
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 7
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 7
CITY
OF CARMEL-BY-THE-SEA
City o Carmel-by-the
APR 13 2015
APPEAL OF PLANNING COI\1J\1ISSION DECISION
Received
FILING FEE:
~
804. e>2-
Nu r t . ~ \ \w 1
n,/ls
fA £Y
J
)/'
~ ~
~
i f
Lf_._LLCf5
Appellant:
I . ln. .- £:.1/
(/,.__, (
- ~ J : : - - - c . _ _ . , ~ ~ t b - . _ _ ~ L
--
Property Owner:
1
Mailing Address:
. . 1 . . - - ~ ~ - _ _ . . - ~
Phones: Day:\
_Evening )
__.
______
F ~ : (
)______________
Email:
Date Board heard the matter:
_i L .__
;
,
-/_-= J
-
Appeals to the City Council must be made in writing in the office of he City Clerk within
10 working days following the date ofaction by the
Planning
Commission andpaying
the required filing fee as
established by City Council resolution.
Physical location
of
property that is the subject
of
appeal:
- ' }
4 J
j}.
it,.
.
{ht/-t J(Jy_J 6Lllla
Lot s):
____
_____
Block:
-
APN: __
COMMISSION ACTION BEINGAPPEALED :
r &zuf.J) ~
a ~ /M I f ~
If
you were
NOT
the original applicant or the applicanfs representative, please state the
evidence that you are an aggrieved party:
CONTINUED ON REVERSE SIDE)
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8/9/2019 7.a Beach Fire Program Appeal
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 8
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 8
GROUNDS FOR APPEAL
(State the specific basis for your appeal, such as errors or
omissions you believe were committed by the Commission in reaching its decision, etc.)
AA ~ f t lk ~ z
I CERTIFY UNDER PENALTY OF PERJURY
THAT
THE FOREGOING
IS
TRUE
AND CORRECT: t
D TED T: ( J.Jfl1tlllt yti.
Tms 3
D Y
OF ~
295.00 fee* received: (Stafflnitia l)
Receipt :
ATTEST:
*Article 9, Section 7,
of the
Constitution of the State
of
California authorizes a city to
impose fees. Also see California government Code, Section 54344.
IMPORTANT If
he appellant wishes to submit materials for duplication and
inclusion in
the
City of Carmel-by-the-Sea's Council agenda packet, the materials must be
submitted to the City Clerk by
i
working days after the decision of the
dat01CitrkiO>unciVAPP£ALPUNNIN FORM
doc
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 9
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 9
CITY
OF
CARMEL-BY-THE-SEA
City of Carmel by th
APR 1 3 2 15
APPEAL OF PLANNING COl\1MISSION DECISION
Received
FILING FEE:
~ Bo4 f>2
u \ \W
1 n ;15
>
Appellant: $1,1-/· _ d i L=
= :
D O£ = _· - - ---------
-
Property Owner: .
Mailing Address:
Phones: Day: .
_Evening: )
_ _
- -
Fax: )_
Email:
- ~ ~ - - - - - - ~ ~ - -
Date Board heard the matter: _// .:........:.._; .__J:;_ __: ~ - I : : J " " " J
_
Appeals to the City Council must be made in writing in the office of he City Clerk within
1 working days following the date
of
action by the
Planning
Commission and paying
the requiredfilingfee
as
established by City Council resolution.
Physical location ofproperty that is the subject of appeal :
f 4;Jmf2
Lot s): Block: APN:
COMMISSION ACTION BEING APPEALED: ~ ' e
e
d t ~ t u
u r ~
If
you were
NOT
the
original applicant or the applicanfs representative, please state the
evidence that you are an aggrieved party: -
CONTINUED ON REVERSE SIDE)
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8/9/2019 7.a Beach Fire Program Appeal
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ATTACHMENT 2
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 11
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 11
STATE
OF CALIFORNIA-
NATURAL
RESOURCES
AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL
COAST
DISTRICT OFFICE
725 FRONT
STREET,
SUITE 300
SANTA
CRUZ. CA 95060
PHONE:
83
I) 427-4863
FAX: 831)
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Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 12
Council Meeting Date: May 4, 2015 Agenda Item: 7.A
Page 12
Sharon Friedrichsen
Carmel Beach Fire Management
Program
April 20, 2015
Page2
be
that
fire
rings could
be
reserved
in
combination with special events
and
a special event
permit. This exception however should be appropriately limited
to
ensure that the general
public
has
adequate access
to
the
fire
rings.
3.
Timing on
Seasonal Use. One
area
o
the Program that appears to require
:further
refinement
is
the timing on seasonal
use
of the fire
rings. The Progrrun 1nust
include specific guidance
on
when
fire
rings will
be
available
on
Cannel
Beach,
including
when
it
is
appropriate
to
remove
and
replace
the
rings during winter
and
spring
months. The
presumption
should be
that persons have the ability
to
have a fire throughout the year including during the
winter,
except during periods
o
exceptional storm driven
wave
run-up
and
scour when
the beach is
not safely accessible. Additionally, the City should consider maintaining several
fire
rings
during
the
winter in areas
o
the beach that
are less
susceptible
to wave
run-up
and scow·.
Again,
the
presumption should
be
that beach
fires are
allowed during the entire year
Wlless
extreme hazardous conditions exist on the majority
o
he beach. See LUP Coastal Access
and Recreation Element Policies
04-14,
P4-57 and Zoning Ordinance Section 17.20.20.E.
4.
User-Supplied Propane Devices.
User-supplied propane
devices
could
be an
impediment
to
having a beach
fire
particularly
for
those
who have had wood fires on
the beach
in the
past
and/or those
who are
unfamiliar with
the revised
beach
fire rules.
Additionally, these
devices
do
not provide the same experience as a wood
fire
in terms ofwarmth, light, and
runbiance.
Finally, these devices
do not
appear
to
be
consistent with
the
City s
LCP
which
provides for
year-round wood fires.
We
recommend that
the City
delete this aspect
o
the Program
unless
it
is
necessary
to
expand the list
o
allowable
uses
on the beach, including those that support
the use
o
user-supplied propane or
gas
devices
for
cooking.
5.
Term
of
the Permit.
The City must define the term
o
the coastal permit for the Program.
The current staff report findings indicate that the term
o
the pilot project will
be
between
three and
five
years. Commission staff recommends that the pilot project be limited to three
years, which should
be
adequate time
to
assess Program efficacy. In any case, however,
please define the exact term
o
he permit e.g., three years
or
five years).
Thank you
for
your consideration of these
comments,
which
we
feel are
necessary
to ensure
that
the beach
fire
management program
is
consistent
wit
the LUP s public access
and
recreation
policies. Please
do
not hesitate
to
contact me i you should have any questions regarding this
matter.
Sincerely,
' f h ; k W ~
Mike Watson
Coastal Planner
Central Coast District
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Carmel City Council 5-4-2015
Subject: Fire Pit Appeal
ity ouncil
Meeting Date
MAY 4 2 15
Agenda Item
--- -__
The
proposed
fire
pit
locations
are not
defined
other than
dots
on a beach map. The dots indicate
several
fire
pit
locations
on
,
the
beach near
the
bluff located in front of our
property on
Scenic Road
between
11th and 12th. Air Quality Representative
Mr. Stedman acknowledged to me
that
the fire smoke to our
house would increase with the
proposed
fire pit locations and
was
a
concern
that
we should address.
Presently,
beach
fire locations are
spread
out sufficiently
to
mitigate
smoke
effects
to
our house.
City
of
Carmel-by-the-Sea
MAY 1 2 15
Received by City Clerk