EXECUTIVE SUMMARY
The current Beach Fire Management Pilot Program Coastal Development Permit (CDP) will expire on November 30th, 2022. Upon expiration, the City’s beach fire regulations will revert to Section 17.20.200 of the Carmel Municipal Code. Among other things, this reversion would allow for an unlimited number of fires to be built in the sand, all year long. To allow time for an amendment to the City’s Local Coastal Program (LCP) per Council’s September 13th direction to allow propane-only devices, an extension to the existing CDP must be approved prior to expiration.
BACKGROUND / SUMMARY
The Beach Fire Management Pilot Program (‘Pilot Program’) was first adopted on June 30, 2016, through the approval of a Coastal Development Permit (CDP 18-231), in response to issues associated with unrestricted fires on Carmel Beach. The Pilot Program, was intended to provide the City with an opportunity to explore various beach-fire options, with the ultimate goal of making permanent changes to the beach-fire rules through a Local Coastal Program amendment.
For the 2016 to 2019 seasons, the Pilot Program took several different shapes with various numbers of devices allowed on the beach. In 2020, as part of an effort to slow the spread of COVID-19. In 2021 the Pilot Program resumed, although with a reduced number of visitors due to travel restrictions related to COVID-19. The 2022 season however, took place with no travel restrictions in place, and therefore was the first full season managed under the strict five (5) device rules of the current Pilot Program.
On September 13th, 2022, City Council received a report and provided direction to staff to draft new regulations regarding fires on Carmel Beach. The Council’s direction was to allow only user-supplied, propane fueled fire devices on the beach, with the burning of wood strictly prohibited. In order to codify these new regulations, both the City’s Municipal Code and Local Coastal Program will need to be amended. Ultimately, this will require approval/certification by the Coastal Commission. Currently, the Pilot Program will fully expire on November 30, 2022, and will automatically revert back to the City’s codified Municipal Code regulations.
To prevent reverting back to section 17.20.200 of the City’s Municipal Code, which allows wood fires to be built in the sand year-round, Council is being asked to amend CDP 18-231 which authorizes the Pilot Program. This amendment would extend the “life” of the Pilot Program until May 15th, 2023, providing staff with approximately six months to draft and process the necessary regulatory documents through the Planning Commission, City Council, and ultimately the Coastal Commission. It is worth noting that May 15th was chosen for the extension date for the Pilot Program so that it would expire before wood burning devices would be allowed on the beach for the 2023 season (the date previously approved by the City Council as the beginning of beach fire season).
ENVIRONMENTAL REVIEW
The Pilot Program is categorically exempt from CEQA requirements pursuant to Section 15306 (Class 6) of the State CEQA Guidelines. Class 6 exemptions include data collection, research, and experimental management activities which do not result in a major disturbance to an environmental resource. These activities may be part of a study leading to an action which a public agency has not yet approved, adopted or funded.