1. Request the City Attorney to read the title of Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach.

2. Motion to waive further reading and adopt Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach and finding that this Urgency Ordinance is exempt from CEQA.

On November 11, 2022, City Council amended CDP 18-231, which originally authorized the Beach Fire Management Pilot Program, extending the “life” of the Pilot Program until May 15th, 2023.  This was done prevent reversion 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 also gave staff direction to begin drafting policy language to make the prohibition on wood burning fires permanent, and to only allow propane devices on Carmel Beach. 

On March 8, 2023, staff presented to the City Council a Staff Report for a policy discussion on an early Draft Ordinance Amending Municipal Code Section 17.20.200 E (Recreational Beach Fires on Carmel Beach). Council provided policy feedback and direction to staff to move ahead with a permanent ordinance to allow only user supplied propane fire devices on Carmel Beach. In other words, to ban wood burning fires on the beach. This effort is currently underway.     

A copy of the March 8th Staff Report is included as Attachment 1 to this Staff Report. The March 8 report also includes a draft Ordinance Amending Section 17.20.200 E and a description of the contents of that draft Ordinance.

A regular ordinance requires an introduction (first reading) and adoption (second reading) and then the ordinance becomes effective 30 days after the second reading. Ordinances amending Title 17 of the Municipal Code also require a recommendation from the Planning Commission, and ultimately certification by the Coastal Commission.

Since the current Pilot Program is set to expire on May 15^th, 2023, staff is requesting the City Council to adopt an Urgency Ordinance (Attachment 2) in order to allow more time for the regular ordinance to be processed and take effect. This Urgency Ordinance will remain in place until the regular ordinance is presented to the City Council and becomes effective following Coastal Commission certification. If the Urgency Ordinance is not adopted, the rules regarding fires on Carmel Beach will revert to section 17.20.200 of the City’s Municipal Code, which allows wood fires to be built in the sand year-round.  

Staff time associated with processing the regular ordinance to amend the Municipal Code is captured in the Fiscal Year 2022/2023 City budget