CITY COUNCIL: Rules & Regulations Changes Regarding Fires on Carmel Beach

Meeting Date: 8 June 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of changes to the rules and regulations regarding fires on Carmel Beach.

Description: The City currently allows recreational fires on Carmel Beach south of 10th Avenue and west of the high-tide line. This item discusses whether the existing rules regarding beach fires should be modified.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Provide direction regarding beach fires.

Important Considerations: Carmel Beach is one of the City’s most important and enjoyed assets. The General Plan encourages allowing beach fires south of 10th Avenue, while also recognizing the City’s responsibility to protect the white sand beach. Rules and regulations have been developed over the years in an attempt to limit the negative impacts of beach fires.

Decision Record: The Forest and Beach Commission made recommendations to the City Council on 2 July 2009. The Planning Commission made recommendations to the City Council on 12 August 2009.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 8 JUNE 2010
SUBJECT: CONSIDERATION OF CHANGES TO THE RULES AND REGULATIONS GOVERNING FIRES ON CARMEL BEACH

BACKGROUND & DESCRIPTION
Carmel Beach is one of the few white sand beaches in California and is a renowned tourist destination. Consistent with the California Coastal Act, Carmel Beach provides extensive public coastal access and recreational opportunities. One of these recreational opportunities is the allowance of fires on the beach south of 10th Avenue.

Fires have always been allowed on Carmel Beach. Over the years, various regulations and restrictions on the size and location of fires have been implemented to minimize some of the negative impacts unregulated fires have on the quality of the beach experience for all beach users.

Among the negative impacts unregulated beach fires are:
• Staining of the white beach sand with charcoal.
• Left over trash and garbage.
• Nails and other debris from burned pallets left in the sand.
• Effects of smoke to neighboring residents.
• Accidents from hot coals that were covered with sand rather than extinguished with water.
• Charcoal graffiti on sea walls.

The General Plan allows beach fires south of 10th Avenue, while also recognizing the City’s responsibility to protect one of its most important assets, the white sand beach.

In the past, the City has used large fire rings to try to mitigate some of the negative impacts. These rings, however, became loaded with large amounts of burned and partially burned trash and seemed to be perpetually smoldering. The area around the rings also became heavily stained from charcoal blowing out of the ring or spilling over the rim.

The Forest and Beach Commission and the Planning Commission both have made
recommendations to the City Council on this issue. Their recommendations are addressed below. The City received 16 comments letters as part of the Forest and Beach and Planning Commission reviews and a petition with approximately 1,000 signatures.

The petition asked that the City not ban beach fires.

EVALUATION
Local Coastal Plan: The Coastal Access and Recreation Element of the General Plan/Local Coastal Plan contains the following goal, objective and policy regarding beach fires, followed by a brief response from staff.

G4-4: Provide for a wide variety of passive and active recreational experiences for all beach users while protecting the resource values of beach environs.

Response: Continuing to allow beach fires is consistent with this goal as it adds variety to the recreational experience of beach users. However, if beach fires are not regulated they can have negative impacts on the beach and its users as discussed previously.

O4-10: Allow beach users the opportunity to enjoy a fire for warmth or cooking, while protecting the sand from degradation. (LUP)

Response: How to continue to allow fires while protecting the sand is the key question for the City. See options listed below.

P4-57 Allow beach fires until 10:00 p.m. south of 10th Avenue but at least 25 feet from the base of bluffs. Install appropriate signage to indicate this distance and time limit and to indicate methods for correct extinguishing of fires with water.

Response: While the City has adopted beach fire requirements, they are not well publicized or displayed. The signage near the beach is limited and not readily visible in some locations. Improving the signage and public education would significantly improve many of the issues related to beach fires.

For example, the City has a requirement that fires be located at least 25 feet from any seawall. This is meant to avoid staining the seawalls and also locate fires where the tide can assist in cleaning the coals. However, this rule is rarely followed, and most fires are located near the seawalls and in the secluded coves south of 10th.

Municipal Code: Carmel Municipal Code sections 12.32.165 and 17.20.200 outline the rules for fires on the beach (see attached). However, these sections contain some outdated references to fire pits and fires north of 10th Avenue that need to be revised.

Some of the rules are also difficult to interpret and/or enforce. For example, the code states that fires should be located south of 10th Avenue and west of the high-tide line. The high tide line changes on a daily basis and is difficult to determine. The rule also would assume that no fires would be allowed at high tide.

Some options the Council could consider include:
􀂾 Continue with the current regulations and part-time cleanup efforts (this assumes that the Municipal Code be revised to be consistent with the General Plan).
􀂾 Allow fires only in designated fire rings.
􀂾 Restrict the number of fires allowed through a permit process.
􀂾 Further reduce the areas where fires are allowed.
􀂾 Increase funding for beach cleanup and enforcement (could include purchase/lease of additional machinery such as a beach rake).
􀂾 Increase signage and public education.
􀂾 Ban fires from the entire beach.
􀂾 Other possibilities?

FOREST & BEACH COMMISSION REVIEW
The Forest and Beach Commission reviewed this issue on 2 July 2009 and made the following recommendations:
1. Continue to allow beach fires south of 10th Avenue.
2. Increase funding for public education, rules awareness and improved signage.
3. Increase funding for beach cleanup.

PLANNING COMMISSION REVIEW
The Planning Commission reviewed this issue on 12 August 2009 and made the
following recommendations:
1. Continue to allow beach fires south of 10th Avenue.
2. Increase funding for public education, rules awareness and improved signage.
3. Significantly increase funding for beach cleanup and management.
4. Improve enforcement and consider fines.
5. Establish and ad hoc committee comprised of various City departments and
members of the public under the direction of the City Forester to review this issue.
6. After implementation of any new measures, review the effectiveness of these measures within 15 months to determine if more steps are needed.

RECOMMENDATION
Provide guidance on the rules and regulations for fires on Carmel Beach.