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STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

CALIFORNIA COASTAL COMMISSION

CENTRAL COAST DISTRICT OFFICE

725

FRONT STREET, SUITE

300

SANTA CRUZ,

CA

95060

PHONE: (831) 427-4863

FAX: (831) 427-4877

WEB: WWW.COASTAL.CA.GOV

Mayor Jason Burnett and City Collilcil Members

City of Carmel-by-the-Sea

P.O. Drawer G

Carmel by the. Sea, CA 93921

Subject: Carmel Beach Fire Management Plan

Dear Mayor Burnett and City Collilcil Members:

EDMUND G. BROWN JR., GOV RNO

November 3 2015

We appreciate the opportllility to work directly with City staff on the issue of beach fires within

the City

of

Carmel-by-the-Sea. As you know beach fires and beach fire management is an issue

addressed in the LCP and its shoreline management plan. As you also know, this is an issue

of

importance not only to the City

of

Carmel-by-the-Sea, but also for beaches up and down the

State. We look forward to the successful resolution of the beach fire issue, including with respect

to the appeal ofthe City's Beach Fire Management Program, in a manner that protects this

important public recreational activity while addressing coastal resource and air quality issues and

City concerns.

As promised at our October 9, 2015 meeting, Coastal Commission staff, including Commission

staff Ecologist Dr. Laurie Koteen, revisited the particulate matter (PM) data gathered at the

3th

Avenue station, and consulted with Richard Stedman of the Monterey Bay Unified Air Pollut ion

Control District regarding interpretation of that data. Based on our review and consultation with

Air District staff, we continue to believe that the data does not support a conclusion that there is

an LCP-defined air quality emergency associated with smoke and

PM

emissions emanating from

wood fires on Carmel Beach, or that there is a need for an emergency ban of all such beach fires

at this time. It is clear from the data that there have been spikes in the

PM

collilts on busy

weekend and holiday periods, during which times the air quality at the 3th Avenue monitoring

station was not considered good. Other than these spikes, the data overwhelmingly suggests

that air quality at the 3th Avenue station was rated as good more than 98% of the time. The

City's emergency prohibition, however, prohibits beach fires on Fridays, Saturdays, and

SlUldays, when the data does not support such a prohibition.

In

addition to the fact that there

have been no coastal development pennits (CDPs) authorizing such a prohibition (and it thus

remains a violation of Coastal Act and LCP permitting requirements), we are also concerned

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These events were generally short

in

duration (i.e., two hours or less) and took place on busy weekend and holiday periods,

and specifically during the evenings when the City's data identifies a large number of unmanaged fires on the beach (e.g., 45

fires on an average Saturday night). Saturday, July 4, 2015 saw an astonishing 135 unmanaged fires on Carmel Beach.

The City's urgency ordinance cannot substitute for a CDP, as we explained

in

our October 2 2015 Notice of Violation letter.

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Mayor Jason Burnett and City Council Members

Carmel Beach Fire Management

November 3 2015

Page

that continued enforcement of the prohibition is significantly adversely impacting public access

and recreational opportunities along Carmel Beach.

Although we acknowledge that smoke and odors from fires is a concern, and that having fires

directly on the beach can potentially lead to other public safety, water quality, and beach

degradation issues, we don t concur that the solution is to ban them fi:om the beach area

altogether. Rather, we continue to believe, as we have articulated to the City on multiple

occasions during the City's consideration of the Beach Fire Management Program and since the

filing of the appeal/ that a program to more effectively manage fires, including putting fires in a

designated number

of

fire pits and monitoring the effects

of

same to identify any problems and

make adaptations to the program as needed, is the appropriate means to address this issue. We

have continued to provide feedback to the City on parameters that we believe are important to

include

in

such a program, but it has become clear more recently, including as articulated by City

staff at our October 9,

2015

meeting, that the City is not so much interested in such a program as

it is in banning all wood fires at all times on Carmel Beach. To us, that is jumping to a solution

that doesn't appropriately respond to the problem. As to the suggestion that the City could

instead institute a program for propane fires, as we indicated on October 9t\ we are very

interested in learning the details of such a program and how it could be a part of an effective

solution here. To date, however, we have not received any specifics from the City on a propane

fires program.

We would like to continue to work collaboratively with City staff to develop and adopt a Beach

Fire Management Program that includes limiting the number

of

beach fires to reduce the

aforementioned impacts associated with this important recreational activity. We also continue to

be open and available to discuss all elements ofthe plan (i.e., the numbers and locations of beach

fires, fuel sources, fire rings, and other key management provisions) to address the City's

concerns. However, despite repeated requests, we have received no response to our suggestions

or any alternative program ideas. This is unfortunate because we have tentatively scheduled the

appeal of the City's approved Beach Fire Management Program for the Commission's December

meeting in Monterey (December 9-11,

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so as to facilitate local participation. In order to

thoughtfully evaluate and consider the Ci ty's new program in December, we need the City to

submit program details immediately. Additionally, we strongly recommend, as we have

recommended to City staff all along, that the City Council not adopt any instruments that have

the effect of pre-detennining an outcome that bans all wood fires. Rather, we would hope that the

City would let the cunent process play out and implement the approved Beach Fire Management

Program and evaluate its effectiveness in reducing the air quality spikes (including allowing for

adaptation if problems are not appropriately addressed), and that the City would continue to

recognize and provide for the public recreational values associated with the very long history of

beach fires at Crun1el Beach in a manner that balru1ces

ru1d

addresses identified issues. We very

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Commission staff has met with the City on three occasions (October 7, 2014, March 4, 2015, and October 9, 2015), fielded a

number of calls (including December 15, 2014, April21, 2015, July 29, 2015, and August 20, 2015), and provided written

comments on (April20, 2015, July 20, 2015 and August 5, 2015) on the beach fires issue.

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Mayor Jason Burnett and City Council Members

Carmel Beach Fire Management

November 3 2015

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much look forward to a lively discussion and debate at the Commission s December hearing, and

hope that your staff can provide us with the details

of

the City s new proposed program as soon

as possible, s that it can be included in reports prepared for the December meeting (reports that

are scheduled to be distributed to the public on November 20t

 

.

Thank you for your consideration, and please

don t

hesitate to contact me or Mike Watson at our

Santa Cruz office if we can be

of

further assistance in this matter.

Sincerely,

Susan Craig

District Manager

California Coastal Commission

Central Coast District Office

cc: Marc Weiner, City of Carmel-by-the-Sea Acting Planning Director

Rob Mullane, City

of

Carmel-by-the-Sea Public Works Director

Michael Calhoun, City of Carmel-by-the-Sea Police Chief

Richard Stedman, Monterey Bay Unified Ai r Pollution Control District Air Quality Control Officer

Pat Veesart, California Coastal Commission Nmihem California Enforcement Supervisor