7.a beach fire program appeal

8/9/2019 7.a Beach Fire Program Appeal

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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

Page 1


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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


Page 2


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ATTACHMENT 1


Page 3


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

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Property Owner: _

Mailing Address:

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Phones:

Day

\ _

.

._______ 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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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)


4/13


Page 4


Page 4

- = - - - ~ - t t - t h H I S {3

it

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$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«


5/13


Page 5


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)


6/13


Page 6


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.)

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Page 7


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

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Appellant:

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--

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)


8/13


Page 8


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


9/13


Page 9


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)


10/13


11/13

ATTACHMENT 2


Page 11


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)


12/13


Page 12


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


13/13

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

7.a beach fire program appeal

Documents