Beach curfew may be broadened

Laguna’s beaches will still be closed from 1 to 5 a.m., but more activities will be allowed if the City Council gives final approval to changes in the curfew ordinance proposed at the March 2 meeting.

Restrictions on beach activities approved by the council in November and the city’s position that the curfew did not require a coastal development permit had been challenged by the California Coastal Commission. City and commission staffs worked together to make revisions in the ordinance that both agencies could support.

“We sat down and worked out a compromise,” Assistant City Manager John Pietig said.

The compromise included allowing “wet sand” activities, defined as walking, jogging, scuba diving or licensed fishing in the first 20 feet of adjacent dry sand, and adds surfing, swimming and grunion-hunting during approved times to the permissible activities.

Clarification and more information on the city’s reasons for the curfew were added to the ordinance.

The stickiest issue was the commission’s position that the curfew required a coastal development permit, with which the city does not agree.

However, in the spirit of compromise, city staff agreed to recommend to the council the issuance of a permit, with the express reservation that the city does not concur that the permit is required to establish closing times for beaches and parks.

With those changes, Executive Director Peter M. Douglas indicated that he and his staff will not opposed the issuance of the permit.

The commission staff’s position does not preclude an appeal of the permit or bind the commission, but the city would have recourse to its premise that no permit is required.

The city contends that the curfew does not constitute development. Furthermore, the curfew was adopted to abate public nuisance issues — primarily an increase in violent or inappropriate activities — which is exempt from the Coastal Act.

Laguna’s ordinance is similar to one passed in Long Beach to close beaches between 10 p.m. and sunrise, with wet sand activities restricted to 10 p.m. to midnight. That ordinance was approved by the commission.

A second reading of the proposed ordinance is scheduled for approval at the March 23 council meeting. Provisions will go into effect 30 days after approval.