STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY

EDMUND G. BROWN JR., GOVERNOR

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

November 3, 2015
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:

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 13th
Avenue station, and consulted with Richard Stedman of the Monterey Bay Unified Air Pollution
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 13th Avenue monitoring
station was not considered "good." 1 Other than these spikes, the data overwhelmingly suggests
that air quality at the 13th 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

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.
2

The City's urgency ordinance cannot substitute for a CDP, as we explained in our October 2, 2015 Notice of Violation letter.

Mayor Jason Burnett and City Council Members

Carmel Beach Fire Management
November 3, 2015
Page2

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, 20 15) so as to facilitate local participation. In order to
thoughtfully evaluate and consider the City'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
3

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.

Mayor Jason Burnett and City Council Members

Carmel Beach Fire Management
November 3, 2015
Page3

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, so that it can be included in reports prepared for the December meeting (reports that
are scheduled to be distributed to the public on November 20t11).
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 Air Pollution Control District Air Quality Control Officer
Pat Veesart, California Coastal Commission Nmihem California Enforcement Supervisor