City keeps fireworks as they were
Council rejects push to require permits for most events
Christopher Cadelago
Sign On San Diego
05/26/2011
The San Diego City Council on Tuesday voted to maintain the status quo when it comes to launching fireworks over coastal waters, two weeks after regional regulators moved to require a pollution permit.
The council in a series of lopsided votes ratified a long-standing policy of not requiring a special-event permit for fireworks unless food or alcohol is sold at the event. The rules effectively exempt private sponsors of shows on city-owned property from having to obtain the city permit.
Most of the discussion came in response to an appeal over whether the proposal could have a significant impact on the environment. Councilwoman Sherri Lightner, whose district includes a large stretch of coastline, concluded that it would not.
Her colleague, Marti Emerald, said the new regional regulations spurred a change in tact. “I feel as though on a certain level that environmental concern is addressed here,” she said.
Whether firework shows should comply with tougher standards has been a question for representatives across several levels of government. Last month, state legislation that would have exempted municipal fireworks shows from securing a Coastal Commission permit failed before the Assembly Natural Resources Committee.
On May 11, the San Diego Regional Water Quality Control Board’s governing panel supported a plan that forces fireworks event producers to file for an annual permit at about $1,500 and follow best management practices for cleanup.
The permit was designed to meet requirements of the Clean Water Act and limit ecological damage from pyrotechnics.
At City Hall, officials said the practice has been to allow fireworks without permits. Because the activity would not alter how things have historically been done, there is no possibility that it would result in a physical change to the environment, said Jean Cameron, with the development services division.
Councilman David Alvarez, who rejected the changes and supported the appeal, said it was easy to get lost in the patriotism of Independence Day.
“I just don’t see how having a bad practice and then just changing your code to allow that bad or wrong practice to continue is the right thing,” he said. “I might be wrong on that, but that’s just the way I see it.
In appealing the amendments, attorney Marco Gonzalez asserted the city failed to provide sufficient notice of the environmental determination before the first council hearing, didn’t have information regarding the grounds for exemption from state environmental laws and intentionally manipulated its own process. He also warned that a no-permit policy would have an environmental impact.
