2. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, 24-1032
stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev_.enue and& Tax.atmen Code Section 7280.
3. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. Rev.eeue ate& TaxatiOR Tax. Code Section 7280. 24-1033
Chapter 20.80
MAPS
20.80.020 Bluff overlay.
Bluff Overlay, Development Area Maps (Section 20.28.040): B Bluff Overlay Ingox Mar, F-)
B-1 — Kings Place (PDF)
DR_7 Iryone Terrar+o Delnhin TerraGe (PDF-)
DC2_Q 'mine T-eFraGe gayadeFe TorraGe (PD-F)
n
5 C2n_GaFRatinn Ay8R 8 (RDF)
�
B 6 OGeaR Boulevard Drive (RD-F)
R_7 QhGronliffo /Df1C\
D
B 8 Cameo Shares (PDF)
24-1034
Chapter 20.90
SANTAANA HEIGHTS SPECIFIC PLAN
20.90.040 Land Use Regulations.
D. Noise Mitigation.
1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five (45) dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of sixty-five (65) dB CNEL. Prior to the issuance of any building permits for such development, an acoustical analysis report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City -approved acoustical consultant and submitted to the B iildiRg DireGteCommunityDevelopment Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project.
2. All nonresidential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City -approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Building DireGte Community Development Director in the form of an acoustical analysis report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project.
3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAAAeronautical Study, the project applicant shall submit evidence to the BuildiRg DireGte Community Development Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the design of the project.
4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, 24-1035
and/or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single-family dwelling units with no intensification of development.
20.90.050 Open Space and Recreation District: SP-7 (OSR).
C 5. Any other accessory use or structure which the Planning DireGte Community Development Director finds consistent with the purpose and intent of this district.
20.90.060 Residential Equestrian District: SP-7 (REQ).
D 9 Any other accessory use or structure which the Dlonnin`v DiFGGtGrCommunity Development Director finds consistent with the purpose and intent of this District.
20.90.070 Residential Kennel District: SP-7 (RK).
D 9. Any other accessory use or structure which the DIanninrr Di FeGtGFCOmmunity Development Director finds consistent with the purpose and intent of this district.
F. 4 b iii Within those areas where fences and walls are limited to a maximum height of three and one-half 3�L/21feet per the -this Mun+e+pal Code.
G. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a commercial kennel may be approved administratively by the PlaRRing DiFeEterCommunity Development Director, and shall not require an acoustical analysis report per subsection (G)(2) of this section if all of the following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10) percent from that shown on the current plot plan; b. The proposed change does not increase the number of dog runs from that shown on the current plot plan;
c. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does not provide for any additional accessory uses;
d. The proposed change is consistent with the setback standards for kennel facilities as set out in subsection (F) of this section; and e. The proposed change satisfies the required findings for use permits in Part 5 of this title.
2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise generating potential of the proposed project and proposed attenuation measures to assure compliance with Chapter 10.26 (Community Noise Control). The report shall be prepared by a City -approved acoustical consultant and submitted to the B iildiRg DireGte Community Development Director for review and 24-1036
approval. The approved attenuation features shall be incorporated into the plans and specifications of the project.
20.90.080 Residential Single -Family District: SP-7 (RSF).
D 7 a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds and not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards: pens, cages, and other structures specifically for the keeping of animals other than in the residence shall be located at least twenty-five (25) feet from any residential window located on an adjoining building site. Exceptions to the above may be provided for by a use permit approved by the Planning DireEterCommunity Development Director.
b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ); provided, that no horse shall be permitted on a building site containing less than ten thousand (10,000) square feet of land area, and pens, cages, and other structures specifically for the keeping of horses shall be located at least fifty (50) feet from any residential window located on an adjoining building site. One or two adult horses are permitted on a building site containing between ten thousand (10,000) and fifteen thousand (15,000) square feet of land area. One additional adult horse may be kept for each additional ten thousand (10,000) square feet, with a maximum of sixes horses on any one building site. The offspring of such animals shall be considered adults when eighth months old. Exceptions to the above may be provided for via a use permit approved by the Plonninrr DireGtGrCommunity Development Director.
D 9. Any other accessory use or structure which the Planning Directo Community Development Director finds consistent with the purpose and intent of this district.
20.90.090 Residential Multiple -Family District: SP-7 (RMF).
D 7. Any other accessory use or structure which the Dlonniniv DireGte Community Development Director finds consistent with the purpose and intent of this district.
20.90.100 Horticultural Nursery District: SP-7 (HN).
D 4. Any other accessory uses or structures which the Dlonning DireGterCommunity Development Director finds consistent with the purpose and intent of this district.
20.90.110 General Commercial District: SP-7 (GC).
D 4. Any other accessory uses or structures which the Planning DironterCommunity Development Director finds consistent with the purpose and intent of this district.
F 11 a v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two feet within eighteen (18) months after initial installation. Permanent watering facilities shall be provided. If, eighteen (18) months after installation, plant materials have not formed an opaque screen or if an opaque screen is 24-1037
not maintained, the Planning DireGterCommunity Development Director shall require that either walls, berms, or a solid fence be installed.
20.90.120 Business Park District: SP-7 (BP).
C 2. The following additional temporary uses are permitted subject to approval of a limited term permit per Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of five hundred dollars ($500.00) for each temporary structure shall be posted with the DlanniRg DirontG Community Development Director to guarantee the removal of each temporary structure upon the expiration of the use permit. b. Commercial coaches serving as temporary office space. A cash bond in the amount of five hundred dollars ($500.00) for each commercial coach unit shall be posted with the Planning DirontO Community Development Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a minor use permit. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.40 and the site development standards contained in this section.
d. Any other uses which the Planning DireGt^rCommunity Development Director finds consistent with the purpose and intent of this District.
C 4 f. Any use which the Planning nireGtnrCommunity Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.
C 6 a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at sixes feet in height along the side property line and at eight Meet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District, an eight -foot -high wall shall be required. In addition, a front wall or fence may be required at the discretion of the P1aRFNg DireEterCommunity Development Director. Fence or wall materials and height shall be subject to approval at the discretion of the DlanniRg D FeGtGFCommunity Development Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited.
D 5. Any other accessory use or structure which the Planning DireGte Community Development Director finds consistent with the purpose and intent of this district.
E 11. Any use which the DlonniRg DirontO Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.
24-1038
20.90.130 Professional and Administrative Office District: SP-7 (PA).
D 3. Accessory uses and structures which the DlaRRiRg Diron+nrCommunity Development Director finds consistent with the purpose and intent of this district.
20.90.170 Fire Facility Overlay District: (FF).
C 3 b. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the PlaR ,iRg DiFeGtG Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning DireGtG Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
24-1039
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Chapters:
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV, OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St., MU- W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H) Part 3. Site Planning and Development Standards
21.30 Property Development Standards
21.30A Public Access and Recreation
21.30B Habitat Protection
21.30C Harbor and Bay Regulations
1.34 Conversion or Demolition of Affordable 4.I�cinn
21.35 Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off -Street Parking
21.44 Transportation and Circulation
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
24-1040
21.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions Part 6. Implementation Plan Administration
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Definitions
21.70 Definitions
Part 8. Maps
21.80 Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
24-1041
Chapter 21.10
PURPOSE AND APPLICABILITY OF THE IMPLEMENTATION PLAN
21.10.030 Authority —Relationship to Coastal Land Use Plan.
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in SeEt+en 65850et seq. of the California Cal. Gov.ernrnent Code Section 65850 et seq., Division 20 of the Cal. Pub_.k Resources Code (California Coastal Act), and T4tIe-14 CCR; Doyosmen F.FSection 13001 et seq. of the California Cal redo of Rego „latigns (California Coastal Commission Regulations).
24-1042
Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
21.16.060 Additional Permits and Approvals May Be Required. (A)(1) Other provisions of the MuniGipa this Code (e.g., conditional use permits, minor use permits, limited -term permits, site development review, zoning clearances, building permits, grading permits, other construction permits, live entertainment permit, or a business license); or
24-1043
Chapter 21.18
RESIDENTIAL COASTAL ZONING DISTRICT (R-A, R-1, R-BI, R-2, AND RM) TABLE 21.18-4 Notes
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with ( oyernmon+ Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Gov. Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. 24-1044
Chapter 21.22
MIXED -USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15T" ST., MU- W1, MU-W2)
TABLE 21.22-3 Notes
(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with GE)Vornmon+ Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Govern mon+ Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. (7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Goyernmon+ Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov.GGVeFnmon+ Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. 24-1045
Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS)
21.26.045 Planned Community Coastal Zoning District Land Uses. (C)(2) Subject to approval of the Planning DoreGtOFCommunity Development Director after a determination that the parking provided is adequate to serve demand and that the uses will not adversely impact other land uses in the area.
24-1046
Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C AND H)
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District. (A)(1) Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile Home Parks Act (Cal. Health aid-& Saf.ety Code Section 18300) and the California Coastal Act (Cal. Pub.4G Resources Code Division 20). (C)(3) A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the California (_oyernmen+Cal. Gov. Code.
24-1047
Chapter 21.30
PROPERTY DEVELOPMENT STANDARDS
21.30.105 Cultural Resource Protection.
(B)(1)(b) A site where evidence of potentially significant historical resources is found in an initial study conducted in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub.4G Resources Code Section 21000 et seq.). (B)(5) Offer for Relocation of Historic Structure. Before issuance of a permit by the B iildiRg DiFeGtGFCommunity Development Director for the demolition of an historic structure the applicant shall first offer the structure for relocation by interested parties. 24-1048
Chapter 21.30A
PUBLIC ACCESS AND RECREATION
21.30A.040 Determination of Public Access/Recreation Impacts. (13)(1) Land Use. The project's impact on use of private lands suitable for visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation and other priority uses specified in California Cal. Pub.4G Resources Code Sections 30222 and 30223.
24-1049
Chapter 21.30B
HABITAT PROTECTION
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas. (13)(1) Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland boundaries contained in 14 CCR Section 13577(b` of the California Code of Regulations.
24-1050
Chapter 21.30C
HARBOR AND BAY REGULATIONS
21.30C.070 Dredging Permits.
D. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the California Cal. Pub.4G Resources Code (Coastal Act) and Section
21.30B.040(E)(2)
24-1051
CONVERSION
OR
DEMOLITION
OF AFFORDABLE HOUSING
Cordovnss•
vc ccrrr
21 .34.01
21.34.020
L 030
21.44AC.A
21.34 ARIA
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and
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moderate
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71 3 020
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and
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units within Geastal
te the Gen dernelotmen of existing
provisions
resodentmal
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ZeRe GGGUpied by er families of low
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or moderate
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24-1052
201053
Chapter 21.38
NONCONFORMING USES AND STRUCTURES
21.38.070 Landmark Structures.
(D)(3) Any permit required by other titles of the "�R^paTthis Code (other than this title) shall be obtained before the initiation or intensification of an accessory use of a landmark structure;
24-1054
Chapter 21.44
TRANSPORTATION AND CIRCULATION
21.44.045 Vacations and Abandonments.
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or abandonment pursuant to Cal. Streets and Highway Sts. & Hy, Code Sections 8300 through 8363 and by filing an application for a coastal development permit pursuant to Chapters 21.50 and 21.52.
21.44.055 Temporary Street Closures.
A. General. Temporary closing of portions of any street for celebrations, parades, local special events, and other purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the Cal. VehjG1e_ Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of no more than twenty-four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of the Police Chief or his desinr, , the closure is necessary to protect the public safety. In no event shall any street closure prevent or interfere with the public's access to the beach or bay.
24-1055
Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California ( eyernmen+Cal. Gov. Code Sections 65852.2 and 65852.22, orany SYEEesser c+ e; in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
(13)(4) Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Gafifernia Cal. Health a -PA-& Saf.ety Code Section 17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with California GGVernmon+Cal. Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior standards, as applicable. 24-1056
Chapter 21.49
WIRELESS TELECOMMUNICATIONS FACILITIES
21.49.030 Definitions.
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC.
A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, streetlight, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to CalifoMia Cal. Pub.k Util.ity Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior - existing streetlight standard which is replaced with a new streetlight standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement streetlight standard.
21.49.050 General Development and Design Standards.
(F)(3)(b) New or replacement vertical structures may be allowed when authorized by the TamGalthis Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within the area. (F)(6)(b)(i) Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of the MUROG�Ithis Code. Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view, may be incorporated.
Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by the M niGipa'this Code.
(J)(2) All graffiti on any components of the telecom facility shall be removed promptly in accordance with the M ROGi ''this Code.
24-1057
Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
TABLE 21.50-1 Notes
(7) All development on tidelands, submerged lands, and public trust lands as described in California Pub!iGCal. Pub. Resources Code Section 30519(b) and in deferred certification areas designated by the Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City.
21.50.025 Projects Bisected by Jurisdictional Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is located within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal development permits are required by both the City and the Coastal Commission. Alternatively, if the applicant, the City and the Coastal Commission agree, the Coastal Commission can process a consolidated coastal development permit application pursuant to the procedures in Cal. Pub. Resources Code; Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of the City and another local government, the applicant must obtain separate coastal permits from each jurisdiction. An exception is possible for public agencies that, pursuant to C,afiferRia Cal. Pub.4G Resources Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued coastal permits.
24-1058
Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Cal.
Pub.4G Resources Code) as amended, in accordance with the City's Local Coastal Land Use Plan and the City's Local Coastal Program. The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a proposal in the City's permitting jurisdiction constitutes development and whether or not that development requires a coastal development permit or is exempt. No provision contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations.
21.52.015 Coastal Development Permits.
(13)(1) Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Cal. Pub.k Resources Code Section 30519(b) and in deferred certification areas designated by the certified Local Coastal Program require a permit or exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of Title-14 SafiferRia-CCR Cal. CedeofRegs.ulatiORS Section 13570, a notice of its final action shall be sent, by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self- addressed, stamped envelope to the City. Such notice shall be accompanied by a copy of the exemption, denial, or coastal development permit approval with conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission.
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
C. Coastal Act Exemptions. Developments not located within the Coastal Commission's permit jurisdiction determined to be exempt from the coastal development permit requirements pursuant to Cafifernia-Cal. Pub.4G Resources Code Section 30610. The following types of projects shall be so exempted unless they involve a risk of adverse environmental effects:
(C)(1)(d)(i) An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less 24-1059
where an improvement to the structure has previously been undertaken pursuant to GaInfornia P blinCal. Pub. Resources Code Section 30610(a) and/or this subsection. (C)(2)(d)(i) An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to GalifGFRia Cal. Pub. Resources Code Section 30610(a) and/or this subsection_ (C)(4)(d) Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Publi^Cal. Pub. Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.
(C)(7) Time -Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Cal. Bus., ;eseand& Prof. ---.'-..- Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this part, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple -unit residential structure into condominiums, as defined in Section 783 of the Cal. Civ.4 Code, shall not be considered a time-share project, estate, or use for purposes of this subsection. (C)(8) Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes.
21.52.045 Categorical Exclusions.
A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion after certification of this Implementation Plan pursuant to Cal. Pub.
Resources Code Sections 30610(e) or 30610.5_ef the,PuhliG QeceurGes Code and 14 CCR Cal. Cede of Regs. Title 14, Doymsmen 5.5, Chapter 6, SubGhapter 4 er 5 ef Chap 6 of D'v's'en ti 5 of Title 14 of the California Cede of Regulations (Sections 13215 et seg. -235 and 14 CCR Section 240 et seq-249). Records of such categorical exclusions shall be kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five LQ businessg days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project are obtained. A copy of all terms and conditions imposed by the City shall be provided to the Coastal Commission, per 14 CCR Cal. Cede ef . Section 13315 of the California Code of Regulations.
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21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and 14 CCR GalifGFRia redo .,f Reg latiGRGGal GGG18 Of e Section 13574:
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Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
21.54.030 Effective Date of Permits -Notice of Final Action.
B. Notice of Final Action. Final City action on permits for sites located within the City's coastal zone shall be documented by the notice of final local action which the City sends to the Coastal Commission within seven days of the City's final action on a CDP application and compliance withTitle 14 California Cede of RegulatmensCCR Sal: Cede e#-Re -Section 13570.
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Chapter 21.64
APPEALS AND CALLS FOR REVIEW
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development as defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with this section and Title-14 California Code of Regulatie CCR Cal rode of Regs. Sections 13111 through 13120 and SeGtien 30 2 e#t#e Coastal Act Section 30603. If there is any conflict between the provisions of this section or T'�14 California redo of RegylatiensCCR Gal Code of Regs. Sections 13111 through 13120 and Section 30603 of the Coastal Act, Title 14 Galif„r„ia Gede „f Regulatme4g19CCR Cal. rode of QonE. Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
A. Appealable Development —Cal. Pub.4G Resources Code Section 30603(a). A decision by the City on a coastal development permit application within the appeal areas identified in Cal. Pub.4G Resources Code Section 30603(a) as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development approved or denied by the City on a coastal development permit application for a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission.
B. Status of Appellant.
1. Who May Appeal. An appeal maybe filed by an applicant, an aggrieved person, or two members of the Coastal Commission in compliance with Cal. Pub.
Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub.4G Resources Code Section 30801, an aggrieved person is any who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either.
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on a coastal development permit application to the Coastal Commission only after exhausting all appeals to the Planning Commission and Council in compliance with this chapter. Exhaustion of all local appeals shall not apply to any circumstance identified in rod Code of Regs „latieRS14 CCR Section 13573(a), including, but not limited to, the following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter because City notice and hearing procedures did not comply with T'�14, nip 24-1063
Sectionor
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR Cal. CodeofRegr ; at+ees-Section 13573(b), there shall be no requirement of exhaustion of local appeals when an appeal of a City decision is filed by two members of the Coastal Commission in compliance with Cal.
Pub.4G Resources Code Section 30625. Notice of a Coastal Commissioners' appeal shall be transmitted to the City in compliance with Title-14 California C^l de odeg CCR.u's Section 13111(d). The Director may transmit the Commissioners' appeal to the local appellate body (which considers appeals from the local body that rendered the final decisions subject to the Commissioner appeal), and the Commissioners' appeal may be suspended pending a decision on the merits by that local appellate body. If the final action by an appellate body modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.
D. Grounds for Appeal to Coastal Commission —Cal. Pub.tc- Resources Code Section 30603. The grounds for an appeal to the Coastal Commission of a City final action on a coastal development permit application are as follows:
1. For approval of a coastal development permit as described in subsection (A) of this section, an allegation that the project does not conform to the standards of the Local Coastal Program or the public access policies of the Coastal Act.
2. For denial of a development described in subsection (A) of this section, an allegation that the project conforms to the standards of the Local Coastal Program and the public access policies of the Coastal Act.
E. Notice of Final Action on Appeals within the Coastal Zone. Where a local appeal has been filed and decided on a project that is appealable to the Coastal Commission in compliance with this section, the City shall provide notice of the final action (see also the requirements of Section 21.52.015(H), Notice of Final Action).
F. Time Limit for Filing an Appeal to the Coastal Commission. An appeal of a Council decision on an appealable development shall be filed with the Coastal Commission within ten (10) working days of the receipt by the Coastal Commission of adequate notice of final City action, in compliance with this chapter and the Coastal Act. The beginning of the ten (10) working day appeal period shall be established by Coastal Commission staff.
G. Notice to City of Appeal to Coastal Commission. An appellant shall notify the applicant, any persons known to be interested in the application and the City of the filing the appeal. Notification shall be by delivering a copy of the completed notice of appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such 24-1064
notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Commission.
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Chapter 21.68
ENFORCEMENT
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this chapter, the provisions of Cal. Pub. Resources Code Division 20, Chapter 9 of Divisionr20 of the P bliG Rene FGes Gede shall also apply with respect to violations and enforcement and the City and the Commission shall have the enforcement powers described therein.
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Chapter 21.70
DEFINITIONS
21.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Implementation Plan that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of the Muni„inalthis Code, these definitions shall control for the purposes of this Implementation Plan. If a word is not defined in this part, or elsewhere in this Implementation Plan, the most common dictionary definition is presumed to be correct.
As used in this Implementation Plan, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise.
21.70.020 Definitions of Specialized Terms and Phrases. "Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either (Cal. Pub.4c--Resources Code Section 30801). "Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine —package store) or License Type 21 (off -sale general — package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples include Gen„enionno markets drug stores, grocery stores, and supermarkets, but do not include convenience markets.
"Review authority" means the individual or official City or State body identified by this Implementation Plan as having the responsibility and authority to review and approve or disapprove ministerial and discretionary permit applications described in this Implementation Plan. Includes the Newport Beach City Council ("Council"), the Planning Commission ("Commission"), the Planning nireGtGFCommunity Development Director ("Director"), the Zoning Administrator ("Zoning Administrator"), the Community 24-1067
Development Department ("Department"), the City Traffic Engineer, the Public Works Director and the California Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR California Code of RegulatieniTvnsCal. Co�vde of—Regs�itle- 14, Section 671 (Importation, Transportation and Possession of Live Restricted Animals). "Area median income" means the median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the 25 CCR Gal Galifornio Code of Reg§: it ? Titl�`rS'ection 6932 (or itS S GGes nor �). "�"
"California Environmental Quality Act (CEQA)" means a State law (GafiferRia-Cal. Pub_.4G Resources Code Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion area boundary adopted in compliance with the California Coastal Act (Cal. Pub.4G Resources Code Section 30000 et seq.).
"Categorical exclusion order" means a decision issued by the California Coastal Commission in compliance with the Coastal Act (Cal. PubAG Resources Code Section 30610(e)), in which the Coastal Commission excludes certain categories of development from requirements to obtain coastal development permits from the Coastal Commission.
A categorical exclusion order automatically terminates upon the effective date of the delegation of development review authority to a local government in compliance with 14 Galifernia-CCR Cal Cede of Reg „lati„RS Section 13249(b). "Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA Guidelines(Title 14, California Cal Code of Reg§ „lati„n&) an exemption from CEQA for a class of projects based on a finding by the Secretary of Resources that the class of projects does not have a significant effect on the environment. "Coastal Commission" means the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Cal. Pub_4G Resources Code Section 30000 et seq.) and for appellate review of decisions rendered by a City review authority. "Coastal Commission exclusion areas" means the boundaries of the areas where a category of development, or a category of development within a specifically defined geographic area, is excluded from the coastal development permit requirements pursuant 24-1068
to Cal. Pub.4G Resources Code Section 30610, which shall be established by the terms and conditions applied to each categorical exclusion order by the Coastal Commission. "Coastal Commission permit jurisdiction" means the boundaries of tidelands, submerged lands, and public trust lands described in Section 30519(b) of the Cal. Pub. Resources Code where the Coastal Commission retains permit jurisdiction. "Coastal -dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from S,afifOFnia Cal. Pub_.4G Resources Code Section 30101).
"Coastal development permit (CDP)" means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Cal. Pubt.+e_ Resources Code Section 30600.
"Coastal -related development or use" means any development or use that is dependent on a coastal -dependent development or use (from S,afiferRia Cal. Pub_.4G Resources Code Section 30101.3).
"Coastal zone" means the geographic zone adjacent to the shoreline, the land and water area boundaries of which are determined by the California Coastal Act of 1976, as amended (Cal. Pub_4G Resources Code Section 30000 et seq.). "Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in C,afifeFRia Cal. Civ_.4 Code Section 1351.
"Density bonus" means, as defined by Cal. Gov.Governmen+ Code Section 65915 et seq., an increase over the maximum density otherwise allowed by the applicable zoning district that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to very low- and low-income households. See "Very low-income household" and "Low-income household." "Development" means on land, in or under water, the placement or erection of solid material or a structure; discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials; change in the density or intensity of use of land, including, but not limited to, subdivision in compliance with the Subdivision Map Act (commencing with Govern„ eff Cal. Gov.
Code Section 66410), and another division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of a structure, including a facility of a private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes and kelp harvesting. 24-1069
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in SGGtiE)R 17958.1 of the Galif0FRia Cal. Health ate& Saf.e�y Code Section 17958.1,
2. A manufactured home, as defined in SeGtien 18007 of the California Cal. Health a-nd & Saf.ety Code Section 18007, or any S iGGessor s+a+„+o "Emergency" means any sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services as used in Cal. Pub.4G Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health &and Safety Code Section 50801(e), a facility with minimal supportive services for homeless persons. "Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub.4G Resources Code Section 30107.5 means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. "Explosives" means a substance defined as an explosive by Cal. Health aid& Saf.ety Code Section 12000 et seq., and for which a permit is required by the Cal. Health and& Safety Code. See also "Hazardous materials."
"General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov.ernment Code Section 65300 et seq., and referred to in this Implementation Plan as the "General Plan." "Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.Government Code Section 66410 et seq.), that is used to complete the subdivision of five for more lots. See also "Parcel map" and "Tentative map." "Lot line adjustment" means, as provided in the Subdivision Map Act (Cal.
Gov.Gever„rnent Code Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed. "Major energy facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one hundred thousand dollars ($100,000) in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Cal. CalifePRia PubliG Pub. Resources Code Section 30610, 30610.5, 30611 or 30624.
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""A inininnI means the Newport Beach Municipal Code of the Gity of Nowp Beach, as amended
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. GGV8rnmon+ Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four for fewer lots. See also "Final map" and "Tentative map." Parks and Recreational Facilities (Land Use).
2. "Recreation, passive" means a type of outdoor recreation or activity that can be carried out with little alteration or improvement to existing topography of a site, with the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (2) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal. Pen.at Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer. For the purposes of this definition, "felony" means a felony as defined by any California or United States statute. "Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (14 Califerni CCR ray Code of RegulatieRS Section 13577). See "Submerged lands" and "Tidelands."
"Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty- five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.+4 Code Section 51.3(b)(4).
"Specific plan" means, under Cal. GeyeMrnep Gov. Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). 24-1071
"Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights -of -way.
Subdivision includes a condominium project, as defined in subdivision (F) of SectiBrn 1351 of the Cal. CivA Code Section 1351 (f), a community apartment project, as defined in subdIVicion (D) of SGG}ion 1351 of the Cal. CivA Code Section 1351 (D), or the conversion of five taor more existing dwelling units to a stock cooperative, as defined in lea () Of S8GtiGR 1351 of the Cal. CivA Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map Act.]
"Subdivision Map Act" means Division 2, Title 7 of the CafifeFRia Cal. Geve nment Gov.
Code, commencing with Section 66410, as amend oil, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (14 CCR frees California Cal Code of Reg ulationc Section 13577). See "Public trust lands." "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined by SeGtien 53260(d) of the CaliforRio Cal. Health aft& Safet�-Saf. Code Section 53260 (d), and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee - probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Geyerr,r„or,t Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also "Final map" and "Parcel map."
"Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 CCR from California Cal Cede of Reg notions Regs Section 13577). See "Public trust lands."
Visitor Accommodations (Land Use).
4. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with 24-1072
kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Revenue and Taxat;enRev. & Tax. Code Section 7280.
5. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. QrccVeRwe and T +;^rRev. & Tax. Code Section 7280.
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ATTACHMENT D
RESOLUTION NO. 2023- 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING CITY
COUNCIL POLICY F-12 ESTABLISHING A REGULATORY
FRAMEWORK FOR OPERATION AND PERMITTING OF
TAXICAB BUSINESSES, DRIVERS, AND VEHICLES THAT
ARE SUBSTANTIALLY LOCATED WITHIN THE
JURISDICTIONAL BOUNDARIES OF THE CITY
WHEREAS, the City of Newport Beach ("City") is governed by its Charter, its Municipal Code, and adopted City Council Policies;
WHEREAS, Government Code Section 53075.5 requires every city in which a taxicab company is substantially located to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation services operated within the jurisdiction of the city;
WHEREAS, Government Code Section 53075.5 permits a city to enter into an agreement with a transit agency for the purpose of administering permits regulating taxicab transportation services on behalf of a city;
WHEREAS, on November 24, 1997, the City Council adopted Ordinance 97-39 adding Chapter 5.17 to the Newport Beach Municipal Code ("NBMC") and establishing authority for the regulation of taxicab operation and permitting through the Orange County Taxi Administration Program ("OCTAP");
WHEREAS, OCTAP established uniform regulations applicable to taxicab companies, drivers, and vehicles to satisfy the regulatory requirements imposed by the Government Code ("OCTAP Regulations");
WHEREAS, OCTAP subsequently dissolved, rendering the OCTAP Regulations inapplicable; and
WHEREAS, the City Council desires to adopt a regulatory framework to replace the OCTAP Regulations, to comply with Government Code Section 53075.5, and to govern the operation and permitting of taxicab businesses, drivers, and vehicles that are substantially located within the jurisdiction of the City. 24-1074
Resolution No. 2023-
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council of the City of Newport Beach hereby adopts City Council Policy F-12, which is attached hereto and incorporated by this reference, which regulates the operation and permitting of all taxicab businesses, drivers, and vehicles that are substantially located within the jurisdictional boundaries of the City.
Section 2: All prior resolutions regulating taxicabs that are in conflict with this resolution or City Council Policy F-12, attached hereto, are hereby repealed.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds the adoption of this resolution and City Council Policy F-12 are not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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Resolution No. 2023-
Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of November, 2023.
NOAH BLOM
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFI E
aN..—
a n C. Harp
City Attorney
Attachment: Exhibit 1 — City Council Policy F-12 Taxicab Regulations 24-1076
EXHIBIT 1
City Council Policy F-12 Taxicab Regulations
(See attached)
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TAXICAB REGULATIONS
1. APPLICATION
1.1. These Regulations apply to all Taxicab Businesses that are Substantially Located in the City, and its affiliated Drivers and Taxicabs.
1.2. These Regulations are supplemental to Chapter 5.17 of the Municipal Code.
2. DEFINITIONS
2.1. "ASE" means the National Institute for Automotive Service Excellence.
2.2. "Advertisement" means the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting Taxicab services subject to these Regulations.
2.3. "BAR" means the Bureau of Automotive Repair.
2.4. "City" means the City of Newport Beach.
2.5. "DOJ" means the Department of Justice of the United States of America.
2.6. "Driver means a person who drives or controls the movements of a taxicab.
2.7. "DMV" shall mean the California Department of Motor Vehicles.
2.8. "DOT" shall mean the U.S. Department of Transportation.
2.9. "Municipal Code" means the City of Newport Beach Municipal Code.
2.10. "Owner" means a person who is registered with the DMV as the owner of a vehicle used as a taxicab, or who has a legal right to possession or control of such vehicle pursuant to a lease or other agreement. The act of any driver of a vehicle used as a taxicab shall be deemed an act of the owner.
2.11. "Permittee" means a Person that holds a valid Taxicab Business Permit, and includes its officers, management, employees, drivers, volunteers, agents, leaseholders, and owner -operators, jointly and severally.
2.12. "Person" "person" means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, this State, any county, city and county, municipality, district, or other political subdivision of the State, or any other group or combination acting as a unit.
2.13. "Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet website.
2.14. "Regulations" means these regulations.
2.15. "Regulatory Authority" means the County of Orange and any city within Orange County where a taxicab business is substantially located. 1 24-1078
2.16. "Substantially Located" means either of the following: the city or county where a Taxicab Business is primary located; or, the city or county where the total number of prearranged and non -prearranged trips that originate account for the largest share of the Taxicab Business's total number of trips over the previous calendar year as determined annually.
2.17. "Taxicab" means a vehicle capable of carrying no more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the California Public Utilities Commission, a rideshare as defined in Veh.
Code Section 522, or any other vehicle operating under the authority of any state agency, including the California Public Utilities Commission.
2.18. "Taxicab Business" means any enterprise, whether carried on for profit or otherwise, that operates Taxicabs.
2.19. "Taxicab Business Permit" means a valid permit issued by the City authorizing a Person to operate a Taxicab Business.
2.20. "Taxicab Driver's Permit" means a valid permit issued by the City authorizing a person to drive or control the movements of a Taxicab.
2.21. "Taxicab Vehicle Permit" means a valid permit issued by the City authorizing a particular vehicle to be operated as a Taxicab.
2.22. "Taximeter" means a fully operational device with current and intact seals or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, that complies with Business and Professions Code Section 12500.5 and with all regulations established pursuant to Business and Professions Code Section 12107.
3. GENERAL RULES AND REQUIREMENTS
3.1. Permittee. A Permittee shall:
3.1.1. Be responsible for all Taxicabs under its possession, custody control, or driven on Permittee's behalf or for its benefit;
3.1.2. Be responsible for the acts or omissions of all Drivers while they operate a Taxicab on Permittee's behalf, under its authority, or for its benefit;
3.1.3. Ensure all Taxicabs are driven only by Persons with a Taxicab Driver's Permit;
3.1.4. Notify the City within two (2) calendar days of an affiliated Driver who becomes unqualified or unauthorized to drive a Taxicab, or upon termination of employment or affiliation with a Driver;
3.1.5. Maintain all programs and requirements for receiving a Taxicab Business Permit;
3.1.6. Verify the continuous enrollment of affiliated Drivers in Permittee's drug and alcohol testing program and DMV Pull Notice program;
3.1.7. Cooperate fully with City staff and law enforcement; `i
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3.1.8. Notify the City within two (2) calendar days when vehicles are removed from service and surrender Taxicab Vehicle Permits in accordance with these Regulations;
3.1.9. Maintain reasonable financial responsibility to conduct Taxicab transportation services in accordance with these regulations;
3.1.10. Maintain a safety education and training program in effect for all Drivers, whether employees or contractors;
3.1.11. Maintain a disabled access education and training program to instruct Drivers on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal;
3.1.12. Disclose fares, fees, and rates to the customer on its internet website, mobile telephone application, or telephone orders, upon request;
3.1.13. Maintain and keep records, logs, or receipts of vehicle maintenance for all Taxicabs issued a Taxicab Vehicle Permit, showing that the Taxicab is maintained in accordance with the service standards recommended by the vehicle manufacturer, and making such records available to the City upon request;
3.1.14. Collect data that demonstrates the total number of prearranged and non - prearranged trips that originate within a particular local jurisdiction for the purpose of determining where that Taxicab company is substantially located, and provide that data promptly and in a format acceptable to the City upon request during regular business hours; and
3.1.15. Ensure compliance of its Taxicab Business with all applicable federal, state, and local laws, rules and regulations.
3.2. Drivers. A Driver shall:
3.2.1. Be responsible for the operation of a Taxicab under its possession, custody, or control;
3.2.2. Possess and display at all times while a Taxicab is in operation a valid Taxicab Driver's Permit issued to that Driver which identifies the Permittee;
3.2.3. Display its Taxicab Driver's Permit on the passenger side area of the dashboard of the Taxicab in a manner that is easily viewable from inside or outside of the Taxicab, except that the driver's license number may be covered by a removable label, if desired;
3.2.4. Affix its Taxicab Driver's Permit to the Taxicab in a way that makes it easily removable by the Driver to provide to law enforcement or code enforcement upon request;
3.2.5. Maintain its Taxicab Driver's Permit free from alterations, defacement or damage, excepting normal wear and tear that does not render it illegible; 24-1080
3.2.6. Not display another Person's driver's permit, nor allow another Person to use their Taxicab Driver's Permit;
3.2.7. Not operate a Taxicab without a valid Taxicab Vehicle Permit issued for that Taxicab;
3.2.8. Not operate a Taxicab that does not meet all requirements of these Regulations;
3.2.9. Not carry more passengers in the Taxicab than authorized by the manufacturer's recommendations;
3.2.10. Ensure operational seat belts are available for all passengers;
3.2.11. Not leave the Taxicab to solicit passengers;
3.2.12. Maintain the passenger compartment in a clean and sanitary condition;
3.2.13. Not charge fares higher than those disclosed to the customer, and not in contravention of these Regulations or in an amount that exceeds the maximum established by the City;
3.2.14. Only carry a passenger to the destination by the most direct and accessible route;
3.2.15. Provide a receipt for the amount charged upon request of the person paying the fare, which contains the Driver's name and Taxicab Driver's Permit number, telephone number, Permittee's name, charge amount, date, and time of transaction;
3.2.16. Comply with the minimum requirements for the mandatory exchange of information established in Veh. Code Section 16025 in the event of an automobile accident;
3.2.17. Continuously operate the Taximeter at any time that the Driver is carrying a customer;
3.2.18. Cooperate with the Permittee, code enforcement, and law enforcement to ensure compliance with law, including random testing of Drivers and Taxicab inspections; and
3.2.19. Operate the Taxicab in accordance with all applicable law, including these Regulations, and with due regard for the safety, comfort, and convenience of passengers and the general public.
3.3. Taxicabs. An Owner, Driver, and Permittee shall be jointly and severally responsible to ensure that a Taxicab:
3.3.1. Displays its Taxicab Vehicle Permit as required by these Regulations at all times while the Taxicab is being operated;
3.3.2. Meets the requirements of the Veh. Code, including, but not limited to, Veh. Code Section 24000, et seq;
3.3.3. Equals or exceed the standards set forth in these Regulations at all times;
4 24-1081
3.3.4. Carries at all times evidence of financial responsibility pursuant to Veh.
Code Sections 16020 through 16028;
3.3.5. Carries at all times valid and current vehicle registration pursuant to Veh.
Code Section 4462, showing that the Taxicab is registered as a commercial vehicle pursuant to Veh. Code Section 260;
3.3.6. Displays the Permittee's name and logo, if any, in an area visible from the interior and exterior of the Taxicab at all times while in service and when soliciting passengers on behalf of Permittee;
3.3.7. Displays the Permittee's name and logo, and the number by which the Taxicab is designated, conspicuously on the outside of each Taxicab by print, stamp, or stencil;
3.3.8. Be equipped to seat no more than eight (8) passengers, excluding the Driver; and
3.3.9. For on -demand (flagged) trips, possess a fully operational Taximeter.
4. FARES
4.1. Maximum Fare. A Permittee may set fares or charge a flat rate for Prearranged Trips. The metered rates for on -demand (flagged) trips shall not exceed those set forth in Attachment A.
4.2. Calculating Fares. A Permittee may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Business and Professions Code Section 12500.5, and with all regulations established pursuant to Business and Professions Code Section 12107.
4.3. Disclosure of Fares. A Permittee shall disclose fares, fees, or rates to the customer. A Permittee may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or telephone orders upon request by the customer.
4.4. Notification of Rate. A Permittee shall ensure the applicable rate is disclosed to a passenger prior to the passenger accepting a ride for walkup rides and street hails. The rate may be provided on the exterior of the Taxicab, within an application of a mobile telephone, device, or other Internet -connected device, or be clearly visible in either print or electronic form inside the Taxicab.
5. FEES
5.1. Fees. The City shall recover its costs incurred in the administration of these Regulations by the adoption of a schedule of fees included in the City's Schedule of Rents, Fines, and Fees.
5.2, Refund Policy. There shall be no refund of any portion of the fees described in these Regulations.
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6. TAXICAB BUSINESS PERMITS
6.1. Permit Required. No Person shall operate a Taxicab Business that is Substantially Located in the City without having first obtained a Taxicab Business Permit.
6.2. Term. A Taxicab Business Permit shall expire five (5) years from its effective date, unless renewed or revoked.
6.3. Issuance. A Taxicab Business Permit shall be issued by the City if all of the following requirements have been satisfied.
6.3.1. Submission of a complete application package.
6.3.2. Submission of a copy of a drug and alcohol policy that complies with 49 Code of Federal Regulations Part 40 (Section 40.1 et seq.) and Part 382 (Section 382.101 et seq.) and Gov. Code Section 53075.5 for all Drivers and meeting the following requirements:
6.3.2.1. A contract with a drug and alcohol program administrator and authorized lab certified by the DOT;
6.3.2.2. Procedures in substantial compliance with Part 40 of Title 49 of the Code of Federal Regulations, for preemployment or pre -licensing and licensing renewal;
6.3.2.3. Procedures in substantial compliance with Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return - to -duty and follow up testing;
6.3.2.4. Procedures and components for random testing following DOT guidelines, annual minimum random testing rates, and additional tests as required following accidents, rehabilitation, return -to -service, and other circumstances providing
reasonable suspicion to test;
6.3.2.5. When requested, random testing reports to be made available to the City by the program administrator;
6.3.2.6. The applicant's and program administrator's records shall be made available to the City upon request within two (2)
calendar days;
6.3.2.7. The test results must be provided to the City by the testing facility; and
6.3.2.8. Drivers must show a valid California driver license at the time and place of testing.
6.3.3. Submission of proof of insurance in the type and amounts required by the City, including endorsements and waivers as may be required by the City Risk Manager, but in no event less than the minimum coverage required by Gov. Code Section 16500, as may be amended.
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6.4. 6.3.4. Submission of a DMV Pull Notice Program Requester Code Number issued to applicant, as defined in Veh. Code Section 1808.1, continuous enrollment in the Pull Notice program, and the following:
6.3.4.1. All Drivers must be enrolled in the program within seven (7) calendar days from inception of the program or date of
affiliation;
6.3.4.2. Notify the City upon receipt of a DMV Pull Notice for any Driver that indicates an action that disqualifies the Driver for a Taxicab Driver's Permit;
6.3.4.3. Require the Driver to immediately cease operation and surrender their Taxicab Driver's Permit, and return the Taxicab Driver's Permit to the City within two (2) calendar days of a DMV Pull Notice receipt; and
6.3.4.4. DMV Pull Notice records shall be made available to the City within two (2) calendar days of request.
6.3.5. Submission of proof of current DMV registration for each Taxicab listed in the Taxicab Business Permit application, which complies with the registration requirements set forth in these Regulations.
6.3.6. Submission of proof of completion of a DOJ background check with Live Scan fingerprinting at an approved DOJ finger printing agency for each owner, partner, or principal of the applicant, the results of which shall not contravene the requirements of these Regulations.
6.3.7. Submission of proof of enrollment in the DOJ subsequent arrest notification program.
6.3.8. Submission of a list of all Drivers authorized to operate Permittee's Taxicabs.
6.3.9. Payment of all applicable fees.
6.3.10. Identification of the principal place of business from which Taxicab Business is, or will be, conducted.
6.3.11. There are no grounds for denial of a Taxicab Business Permit as outlined in these Regulations.
Denial. A Taxicab Business Permit application shall be denied on any of the grounds set forth in this section.
6.4.1. The applicant is less than 18 years of age.
6.4.2. The applicant falsifies material information on its application.
6.4.3. The applicant does not meet the additional eligibility standards in Section 9 of these Regulations.
6.4.4. The applicant fails to fully satisfy any court judgment entered against it arising from liability for operating a Taxicab Business, including, but not limited to, judgments related to collisions or operating without the 24-1084
requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to Code of Civil Procedure Sections 683.020 and 683.030, or if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to Code of Civil Procedure Section 683.120.
6.5. Suspension or Revocation.
6.5.1. A Taxicab Business Permit may be suspended or revoked for any of the following reasons:
6.5.1.1. Providing late, false, or inaccurate information in the application;
6.5.1.2. Allowing operation of a Taxicab by a Person not possessing a valid Taxicab Driver's Permit;
6.5.1.3. Charging fares at a rate higher than the maximum authorized;
6.5.1.4. Failure to cooperate in good faith with law enforcement officers, code enforcement officers, or City staff;
6.5.1.5. Failure to maintain insurance as required by these Regulations;
6.5.1.6. Failure to comply with the drug and alcohol policy required by these Regulations;
6.5.1.7. Failing to fully satisfy any court judgment entered against the Permittee arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered
pursuant to Code of Civil Procedure Sections 683.020 and 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to Code of Civil Procedure Section 683.120;
6.5.1.8. Circumstances providing grounds for denial of a Taxicab Business Permit as outlined in these Regulations;
6.5.1.9. Violating Gov. Code Section 53075.9 pertaining to advertising; or
6.5.1.10. Failure to comply with these Regulations.
6.5.2. The period of suspension shall be one (1) year from the date all operation of Taxicab Business Substantially Located in the City has ceased in compliance with the suspension.
6.5.3. A Person whose Taxicab Business Permit is revoked shall be ineligible to apply for a Taxicab Business Permit for two (2) years from the date M
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all operations of a Taxicab Business Substantially Located in the City have ceased in compliance with the revocation.
6.5.4. It shall be the duty of the Taxicab Business to notify the City when operations have ceased in compliance with a suspension or revocation, or after the period of suspension or revocation has elapsed, provide adequate proof to the satisfaction of the City of the date that operations ceased in compliance with the suspension or revocation.
7. TAXICAB DRIVER'S PERMITS
7.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab Business that is Substantially Located in the City unless that person is operating on behalf of a Permittee and possesses a Taxicab Driver's Permit.
7.2. Term. A Taxicab Driver's Permit shall expire two (2) years from its effective date, unless renewed or revoked.
7.3. Restrictions. A Taxicab Driver's Permit is only valid for the Driver to operate a Taxicab for the Permittee indicated on the Taxicab Driver's Permit. Reproduction of a Taxicab Driver's Permit is strictly prohibited, except that a Permittee may copy a Taxicab Driver's Permit for recordkeeping purposes. A Taxicab Driver's Permit shall list the name of the Permittee.
7.4. Issuance. A Taxicab Driver's Permit shall be issued if all of the following requirements have been satisfied:
7.4.1. Submission of a complete application, including signature of the Permittee the Driver is employed, has an offer of employment, or on whose behalf the Driver intends to operate a Taxicab;
7.4.2. Submission of proof of a valid California driver license (Class C);
7.4.3. Submission of a DMV K4 driver record report, or other equivalent DMV issued driver record report, which is no older than thirty (30) days prior to submission of the application for a Taxicab Driver's Permit, showing that the Driver is in compliance with these Regulations;
7.4.4. A negative drug and alcohol screening test administered by a Permittee's program administrator within the previous thirty (30) days in compliance with Gov. Code Section 53075.5(b)(3);
7.4.5. Proof of enrollment in a Permittee's current and active random drug and alcohol program;
7.4.6. Submission of proof of completion of a DOJ background check with Live Scan fingerprinting at an approved DOJ finger printing agency, the results of which shall not contravene the requirements of these Regulations;
7.4.7. Submission of proof of enrollment in the DOJ subsequent arrest notification program;
7.4.8. Payment of all applicable fees; and
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7.4.9. There are no grounds for denial of a Taxicab Driver's Permit as set forth in these Regulations.
7.5. Denial. A Taxicab Driver's Permit shall be denied for any of the following reasons:
7.5.1. The applicant is less than 18 years of age;
7.5.2. The applicant does not possess a valid Class C California driver license;
7.5.3. The applicant fails to enroll in the required random drug and alcohol program;
7.5.4. The applicant failed a drug and/or alcohol test required by these Regulations within the prior twelve (12) months;
7.5.5. The applicant falsifies, or fails to disclose, material information on the application for a Taxicab Driver's Permit;
7.5.6. The applicant does not meet the additional eligibility standards in Section 9 of these Regulations; or
7.5.7. A DMV K4 report shows convictions in contravention of these Regulations, or shows a pattern of reckless or dangerous driving that poses an unreasonable risk to the health and safety of the public.
7.6. Suspension or Revocation.
7.6.1. A Taxicab Driver's Permit may be suspended or revoked for any of the reasons set forth below:
7.6.1.1. Revocation or suspension of a California driver license;
7.6.1.2. Notification received by the City that the Driver is no longer an authorized driver for its designated Permittee;
7.6.1.3. Testing positive on a drug and alcohol screening, or failure to submit to a random drug and alcohol testing program;
7.6.1.4. Not enrolled or active in the required random drug and alcohol program;
7.6.1.5. Failure to cooperate with law enforcement officers, code enforcement officers, or City staff;
7.6.1.6. Circumstances providing grounds for denial of a Taxicab Driver's Permit as set forth in these Regulations; or
7.6.1.7. Failure to comply with the applicable provisions of these Regulations.
7.6.2. The period of suspension shall be six (6) months from the date the Person has ceased all operations as a Driver for any Permittee in compliance with the suspension.
7.6.3. A Person whose Taxicab Driver's Permit is revoked shall be ineligible to apply for a Taxicab Driver's Permit for one (1) year from the date the 10 24-1087
Person has ceased all operations as a Driver for any Permittee in compliance with the revocation.
7.6.4. It shall be the duty of the Driver or a Permittee to notify the City when the Driver has ceased operation of any Taxicab for a Permittee that is Substantially Located in the City in compliance with a suspension or revocation, or after the period of suspension or revocation has elapsed, provide adequate proof to the satisfaction of the City of the date that the Driver ceased operation of any Taxicab for a Permittee that is Substantially Located in the City in compliance with the suspension or revocation.
7.7. Transfer.
7.7.1. A Driver may request a transfer of its Taxicab Driver's Permit to a different Permittee if the following requirements have been met:
7.7.1.1. Submission of the required forms to transfer a Taxicab Driver's Permit which have been signed by an authorized representative of the prospective Permittee;
7.7.1.2. Payment of a Taxicab Driver's Permit transfer fee, if any;
7.7.1.3. Proof of possession of a valid Class C California driver license;
7.7.1.4. Possession of a valid Taxicab Driver's Permit to be transferred; and
7.7.1.5. Proof of verification of enrollment in the prospective Permittee's current and active random drug and alcohol
program.
7.7.2. A Driver shall not operate a Taxicab on behalf of a different Permittee until the Taxicab Driver's Permit is transferred to the intended Permittee, the new Taxicab Driver's Permit is in possession of the Driver, and the new Taxicab Driver's Permit is displayed as required by these Regulations.
7.7.3. Transfer of a Taxicab Driver's Permit shall not extend the term of the permit.
8. TAXICAB VEHICLE PERMITS
8.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab Business that is Substantially Located in the City without a Taxicab Vehicle Permit.
8.2. Term. A Taxicab Vehicle Permit shall expire one (1) year from its effective date, unless renewed or revoked.
8.3. Display. A Taxicab Vehicle Permit must be displayed in the left-hand corner of the rear window of the Taxicab for which the Taxicab Vehicle Permit is issued.
8.4. Non -Transferrable. A Taxicab Vehicle Permit is nontransferable, and shall be issued only for one vehicle.
11 IS:
8.5. Issuance. A Taxicab Vehicle Permit shall be issued for a vehicle if the following criteria are met:
8.5.1. The applicant for the Taxicab Vehicle Permit is a Permittee;
8.5.2. Submission of proof that the vehicle passed inspection at an ASE- certified or BAR -registered facility, no older than thirty (30) days prior to the application, signed by the inspecting facility, and showing that the vehicle has met all inspection standards;
8.5.3. Submission of proof of financial responsibility pursuant to Veh. Code Sections 16020 through 16028 that covers the vehicle; and
8.5.4. The vehicle is not designed or equipped to seat more than eight (8) passengers.
8.6. Suspension or Revocation.
8.6.1. A Taxicab Vehicle Permit may be suspended or revoked for any of the following reasons:
8.6.1.1. The Vehicle is determined by a law enforcement officer, code enforcement officer, or qualified City staff not to be in a safe operating condition, or in compliance with the Veh. Code;
8.6.1.2. The Vehicle is subject to impound or removal by law enforcement pursuant to state law;
8.6.1.3. Failure to cooperate with law enforcement officers, code enforcement officers, or City staff in the inspection of the Vehicle;
8.6.1.4. Failure to provide proof upon request by law enforcement, code enforcement, or City staff of financial responsibility pursuant to Veh. Code Sections 16020 through 16028 that covers the vehicle; or
8.6.1.5. Failure to comply with the applicable provisions of these Regulations.
8.6.2. The period of suspension shall be until satisfactory proof is presented to the City that the Taxicab successfully passed a new inspection as required by these Regulations, and that none of the reasons for suspension exist.
8.6.3. In the event a Taxicab cannot successfully pass inspection or cure any of the reasons for suspension, then the Taxicab Vehicle Permit shall be permanently revoked.
9. ADDITIONAL ELIGIBILITY STANDARDS
9.1. A Person shall not be eligible for a Taxicab Business Permit or a Taxicab Driver's Permit if the Person is convicted, pleads guilty, or nolo contendere in any state to any of the offenses listed in this section or their equivalent. 12 24-1089
9.1.1. Penal Code. Pen. Code violations including homicide, mayhem, kidnapping, hostages, robbery, attempted murder, assault with intent to commit a felony, false imprisonment, human trafficking, assault and battery (Pen. Code Sections 187-248); rape, abduction, carnal abuse of children, pandering, pimping, and seduction (Pen. Code Sections 261- 269); child abduction (Pen. Code Sections 277-280); forgery or counterfeiting (Pen. Code §§470-483.5); false personation or cheats (Pen. Code Sections 528-539); or is required to register as a sex offender (Pen. Code Sections 290-294).
9.1.2. Vehicle Code Violations. Veh. Code violations including disregard for safety of persons or property (Veh. Code Sections 2800.2); flight from peace officer causing death or bodily injury (Veh. Code Section 2800.3); and violation of the duty to stop at scene of accident resulting in death or injury (Veh. Code Section 20001).
9.1.3. Felony Conviction for Controlled Substances. Any felony based on the manufacture, use, sale, possession, or transportation of controlled substances, including marijuana (Health & Saf. Code Sections 11000- 11651).
9.1.4. Felony Conviction for Weapon Offenses. Any felony based on the manufacture, use, sale, possession, or transportation of weapons, firearms or ammunition.
9.1.5. Other Felony Convictions in the Past Eight Years. Any felony conviction within the past eight (8) years other than those felonies expressly identified in this Section 9.
9.1.6. Other Vehicle Code Violations in the Past Five Years: Veh. Code violations within the past five (5) years including reckless driving (Veh.
Code Section 23103); driving under the influence of intoxicating liquors or drugs (Veh. Code Sections 23152-23229.1); flight from peace officer (Veh. Code Section 2800.1); violation of duty to stop at the scene of an accident not resulting in death or injury (Veh. Code Section 20001); violation of duty to stop at the scene of an accident where property is damaged (Veh. Code Section 20002); and violation of duty to give personal information when involved in an accident resulting in injury or death (Veh. Code Section 20003).
9.1.7. Misdemeanor Conviction Relevant to Fitness for a Taxicab Driver's Permit or Taxicab Business Permit in the Past Five Years. Any misdemeanor conviction in the past five (5) years substantially related to the fitness, qualifications, functions or responsibilities of a Taxicab Driver or Permittee.
10. ADVERTISING
10.1. Permittee. A Permittee shall ensure that its Taxicab Business Permit number is conspicuously visible in all Advertisements, as required by Gov. Code Section 53075.9. The Taxicab Business Permit number shall be displayed as "Newport 13 24-1090
11 Beach Taxicab Business Permit #XXX". Advertisements must use the Permittee's name as it is listed on its Taxicab Business Permit.
10.2. Driver. Every Driver shall comply with Gov. Code §53075.9 and include, in every Advertisement for Taxicab services, the name of the Permittee, the Permittee's Taxicab Business Permit number, and the Taxicab Driver's Permit number.
PERMITS GENERALLY
11.1. Renewal of Permit.
11.1.1. An application for renewal of a permit subject to these Regulations shall be submitted to the City at least thirty (30) days prior to the expiration of the permit. Acceptance of late applications for renewal shall be at the City's discretion.
11.1.2. A permit that is more than thirty (30) days expired shall be ineligible for renewal.
11.1.3. A permit that is renewed shall continue for an additional period equal to the term of the original permit, commencing upon the expiration of the immediately preceding term.
11.1.4. A permit may be renewed if the following conditions are met:
11.1.4.1. Submission of the required forms for renewal of the permit;
11.1.4.2. Payment of fees applicable for renewal, if any;
11.1.4.3. The Person or Vehicle that is the subject of the permit is eligible for issuance of the permit pursuant to these
Regulations;
11.1.4.4. Renewal of a Taxicab Business Permit requires the applicant to provide documentation of trip data in the format required by the City reflecting the total number of prearranged and non - prearranged trips, when each trip took place, and where each trip originated;
11.1.4.5. Renewal of a Taxicab Driver's Permit requires proof that the Person has passed a drug and alcohol screening within the prior twelve (12) months, unless the Person has failed a test more recently that the prior twelve (12) months, in which case proof of passing a drug and alcohol screening within the prior seven (7) days; and
11.1.4.6. Renewal of a Taxicab Vehicle Permit shall require proof, no older than thirty (30) days prior to the application, that the vehicle has passed inspection at an ASE-certified or BAR - registered facility.
11.1.5. A Person may apply for renewal of their permit during the period that it is suspended. A renewed permit shall not be reinstated or returned to 14 24-1091
the Person until the conditions for reinstatement of a suspended permit set forth in these Regulations has been satisfied.
11.1.6. The term of a suspended or surrendered permit shall not be extended by the period of suspension or surrender.
11.2. Replacement of Permit. A replacement for a lost or damaged permit issued pursuant to these Regulations may be obtained from the City upon payment of any applicable fees established by resolution of the City Council. Issuance of a replacement permit shall not extend the term of the permit.
11.3. Surrender of Permit. The following permits shall be immediately invalid and shall be surrendered to the City within two (2) calendar days if any of the following occurs:
11.3.1. A Taxicab Business Permit, Taxicab Driver's Permit, or Taxicab Vehicle Permit expires, is suspended, or revoked;
11.3.2. A Taxicab Business Permit, and all affiliated Taxicab Driver's Permits and Taxicab Vehicle Permits if a Permittee sells, dissolves, or terminates its Taxicab Business;
11.3.3. A Taxicab Driver's Permit if the Driver's employment or affiliation with a Permittee terminates and is not transferred pursuant to these Regulations;
11.3.4. A Taxicab Driver's Permit if the Driver becomes ineligible for issuance of a Taxicab Driver's Permit under these Regulations;
11.3.5. A Taxicab Vehicle Permit if the corresponding Taxicab is permanently removed from service; and
11.3.6. A Taxicab Vehicle Permit if the corresponding Taxicab has been removed from the Permittee's approved insurance policy.
11.4. Reinstatement of a Suspended or Surrendered Permit.
11.4.1. A Person whose permit was suspended or surrendered may request return and reinstatement of the permit for the remaining balance of the unexpired term, provided that the following conditions have been satisfied:
11.4.1.1. All applicable fines and fees have been paid;
11.4.1.2. All terms and conditions of any administrative or judicial decision have been fulfilled;
11.4.1.3. Any period of suspension has passed;
11.4.1.4. The Person or Vehicle that is the subject of the permit is eligible to be issued the permit pursuant to these Regulations; and
11.4.1.5. The permit remains otherwise valid, has not expired, been revoked, and is not suspended.
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11.4.2. The term of a suspended or surrendered permit shall not be extended by the period of suspension or surrender.
12. REPORTING VIOLATIONS
12.1. Investigation. The City may investigate for violations of these Regulations and take any appropriate actions necessary to ensure compliance, including but not limited to, administrative actions, citations, fines, and other remedies for enforcement.
12.2. Reporting Violations. Reports alleging illegal Taxicab operation or violation of these Regulations shall require all of the following information be provided in order to warrant investigation by the City:
12.2.1. Date, time and location;
12.2.2. Description of activity; and
12.2.3. Vehicle's license plate number, color, make and model, and any distinctive characteristics.
12.3. Advertising Violations. Reports alleging a violation pertaining to Advertising must provide a copy or sample of the Advertisement (such as the sign, business card, advertising display, webpage, electronic recording or phone directory) evidencing non-compliance with these Regulations or state law.
13. ENFORCEMENT
13.1. Citations. Compliance with the provisions of these Regulations may be secured under the provisions of Chapter 1.04 or 1.05 of the Municipal Code, and the schedule of fines set forth therein.
13.2. Cumulative. In lieu of, or in addition to, the remedies set forth herein and in Chapter 1.04 and 1.05 of the Municipal Code, the City may suspend or revoke any permit based on the grounds set forth in these Regulations.
13.3. Not Exclusive. The foregoing remedies shall not be exclusive, but shall be in addition to any other remedy available to the City at law or in equity.
14. ADMINISTRATIVE APPEALS
14.1. Appeal of Administrative Citation. Appeals of administrative citations issued to enforce the provisions of these Regulations shall follow the procedures and time limits set forth in Municipal Code Chapter 1.05, including Section 1.05.030 Service Procedures, Section 1.05.040 Contents of Administrative Citation, Section
1.05.060 Appeal of Administrative Citation, Section 1.05.070 Hearing Officer, Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing Officer's Decision, Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and Section
1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
14.2. Appeal of Administrative Decision or Action. Appeals of denials of issuance or renewal of a permit, or for administrative action to suspend or revoke a permit, shall follow the procedures and time limits set forth in Municipal Code Chapter 16 24-1093
1.05, including Section 1.05.030 Service Procedures, Section 1.05.060 Appeal of Administrative Citation, Section 1.05.070 Hearing Officer, Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing Officer's Decision, Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and Section 1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
14.3. Stay. If an appeal is properly submitted to the City in accordance with Municipal Code Section 1.05.060, the citation, decision, or action shall be stayed pending the final determination of the appeal, unless the City notifies the appellant in writing that the action is not stayed during the appeal because the continued operation of the affected Taxicab, Driver, or Taxicab Business, as applicable, would pose a risk to the health or safety of the public.
15. CONFLICTS
15.1. Vehicle Code. In the event of a conflict between the provisions of these Regulations, on the one hand, and the provisions of the Veh. Code or California Code of Regs., on the other hand, the latter shall control.
15.2. California Law. All references to statutes contained in these Regulations refer to the statutes of the State of California except as otherwise indicated.
16. ADMINISTRATIVE POLICIES AND PROCEDURES
16.1. The City Manager may adopt administrative policies and procedures to supplement and carry out these Regulations.
End of Regulations
17 24-1094
ATTACHMENT A
CITY OF NEWPORT BEACH APPROVED TAXICAB METERED RATES
FOR ON -DEMAND (FLAGGED) TRIPS
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile) $32.00 per hour wait time (Approximately $0.53 per minute) No Extra Charge for Additional Passengers
24-1095
DocuSign Envelope ID: 77441C86-FA2D-4CDD-981C-56BAD903D8CF ATTACHMENT E RESOLUTION NO. PC2023-039
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF A CODE AMENDMENT TO TITLE 19
(SUBDIVISIONS), TITLE 20 (PLANNING AND ZONING) AND
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE
INCORPORATING THE AD HOC COMMITTEE'S
RECOMMENDATIONS AND OTHER RELATED REVISIONS
(PA2022-0219)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
Section 20.66.020 of the Newport Beach Municipal Code ("NBMC") provides that the Planning Commission or the City Council of the City of Newport Beach ("City") may initiate an amendment to Title 20 (Planning and Zoning) of the NBMC ("Title 20").
2. City Council Policy K-1 (General Plan and Local Coastal Program) of the NBMC requires amendments to the City of Newport Beach certified Local Coastal Program codified in Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to be initiated by the City Council.
3. On September 13, 2022, the City Council adopted Resolution No. 2022-58 establishing the Ad Hoc Municipal Code and Council Policy Review Committee ("City Council Ad Hoc") to review and update the Newport Beach Municipal Code ("NBMC") and Council Policies to ensure that the NBMC maintains relevancy, brevity, and coherency. The City Council further directed boards and commissions, including the Planning Commission, to establish an ad hoc committee to review the NBMC and City Council Policies within that particular body's area of expertise and recommend revisions. The term of the City Council Ad Hoc was extended by Resolution No. 2023-18.
4. In October of 2022, the Planning Commission created an ad -hoc committee to support the effort.
5. At the August 3, 2023, meeting, the following recommendations of the Planning Commission Ad Hoc Committee were approved by the Planning Commission:
Tentative Parcel Map Review — Eliminate the public hearing requirements for parcel maps for condominium purposes.
• Bluff Overlay District— Eliminate conflicting code provisions by deleting the bluff overlay areas in Title 20 that are included in Title 21.
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Take -Out Service —Fast -Casual — Change threshold for when a fast -casual take-out restaurant with no late hours requires a minor use permit (discretionary review).
Conversion or Demolition of Affordable Housing — Eliminate Chapters 20.34 and 21.34 as they are inapplicable to the City.
6. The above revisions are incorporated into Title 19 (Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC as reflected in Exhibit "A" which is attached hereto and incorporated by reference. Most of the other revisions are updating references and terms, and the eliminate unnecessary and duplicative provisions ("Code Amendment").
7. Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction.
8. In 2005, the City adopted the City of Newport Beach LCP Coastal Land Use Plan, as amended from time to time.
9. The California Coastal Commission effectively certified the City's LCP Implementation Plan on January 13, 2017, and the City added Title 21 to the NBMC whereby the City assumed coastal development permit -issuing authority on January 30, 2017.
10. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 (Public Participation) ("Section 13515"), a draft of the LCP Amendment was made available, and a Notice of Availability was distributed at least six weeks prior to the anticipated final action date.
11. A public hearing was held on October 19, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Section 13515, and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Code Amendment is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states that a project is not further review under CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
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SECTION 3. FINDINGS.
Amendments to the NBMC are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment and Local Coastal Program are consistent with the General Plan in that the revisions to Title 20 and Title 21 maintain relevance and ensure brevity, and coherency.
2. A Local Coastal Program Amendment is also underway to ensure the regulations within the Coastal Zone are consistent with the Code Amendment.
3. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby finds Code Amendment PA2022-0219 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states that a project is not further review under CEQA if "[t]he activity will not result in a direct or reasonably foreseeable indirect physical change in the environment". The Code Amendment generally updates references and terms, and eliminates unnecessary and duplicative provisions that would not result in a direct or reasonably foreseeable indirect physical change in the environment.
The Code Amendment would not authorize new development that would result in a physical change in the environment.
2. The Planning Commission hereby adopts Resolution No. PC2023-039, Recommending amendments to Title 19 (Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference.
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PASSED, APPROVED, AND ADOPTED THIS 19T" DAY OF OCTOBER, 2023.
AYES: Barto, Harris, Langford, Lowrey, and Salene
NOES: None
ABSTAIN: None
ABSENT: Ellmore and Rosene
BY: 1 ViSfa AA, hMS
Tristan Harris, Secretary
BY: SU'KAb j- , wit'S
Seimone Jurjis, Ex-Officio Secretary
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EXHIBIT "A"
PROPOSED CODE AMENDMENT PA2022-0219
SECTIONS 19.12.060(A)(2) AND (A)(5), TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN)
Section 1: Subsection (A)(2) of Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Procedures. Except as provided in subsection (A)(5), the provisions for tentative tract maps set forth in Sections
19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps.
Section 2: Subsection (A)(5) of Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes shall be exempt from the provisions set forth in Sections 19.12.050(B) and (C) regarding staff reports and public hearings. Public notice shall be provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and City procedures, except that the notice shall include a statement that no local public hearing will be held; however, written comments on the proposed subdivision will be considered if submitted by no later than the date set forth in the notice. 24-1100
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Section 3: The Table of Contents for Title 20 (Planning and Zoning) of the Code is amended to read as follows:
Chapters:
Title 20
PLANNING AND ZONING*
Part 1. Zoning Code Applicability
20.10 Purpose and Applicability of the Zoning Code
20.12 Interpretation of Zoning Code Provisions
20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses, and Zoning District Standards
20.16 Development and Land Use Approval Requirements
20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)
20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.22 Mixed -Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV/15th St., MU-W1, MU-W2)
20.24 Industrial Zoning District (IG)
20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)
20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards
20.30 Property Development Standards
20.32 Density Bonus
20.36 Landscaping Standards
20.38 Nonconforming Uses and Structures
20.40 Off -Street Parking
20.42 Sign Standards
20.44 Transportation Demand Management Requirements
20.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
20.48 Standards for Specific Land Uses
20.49 Wireless Telecommunications Facilities
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Part 5. Planning Permit Procedures
20.50 Permit Application Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementation, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administration
20.60 Administrative Responsibility
20.62 Public Hearings
20.64 Appeals
20.66 Amendments
20.68 Enforcement
Part 7. Definitions
20.70 Definitions
Part 8. Maps
20.80 Map
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
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Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE
Section 4: Subsection (A) of Section 20.10.050 (Responsibility for Administration) of Chapter
20.10 (Purpose and Applicability of the Zoning Code) of the Code is amended to read as follows:
20.10.050 Responsibility for Administration.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to as the "Council"; the Planning Commission, hereafter referred to as the "Commission"; the Community Development Director, hereafter referred to as the "Director"; the Zoning Administrator; and the Community Development Department, hereafter referred to as the "Department," and any other City official or body as specifically identified.
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Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residential Zoning Districts General Development Standards.
Table 2-2
Section 5: The row titled 'Bluff edge setback" of Table 2-2 (Development Standards for Single - Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General Development Standards) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
Bluff edge setback As provided in Section 20.28.040 (Bluff (B) Overlay District). See also Section 21.28.040 24-1104
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Chapter 20.20
COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
Table 2-4
Table 2-5
Section 6: The row titled "Take -Out Service -Fast Casual (up to 20 seats (2))" is amended and a new row titled "(Alcohol Sales (off sale) (with late hours) (1)" is added to Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code to read as follows:
Take -Out Service —Fast -Casual (up to 20 seats) (1) (2) P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Alcohol Sales (off -sale) (with late hours) (1)
CUP
CUP
CUP
CUP
Section 20.48.030
Section 7: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district. b. Except as provided in (2)(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Section 8: The row titled "Take -Out Service -Fast Casual (up to 20 seats (2))" is amended and a new row titled "(Alcohol Sales (off sale) (with late hours) (1)" is added to Table 2-5 (Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code to read as follows:
Take -Out Service —Fast -Casual (up to 20
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
seats) (1) (2)
20.48.090
Alcohol Sales (off -sale) (with late hours) (1)
CUP
CUP
CUP
CUP
CUP
CUP
Section
20.48.030
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Section 9: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
Except as provided in (2)(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours. 24-1106
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Chapter 20.22
MIXED -USE ZONING DISTRICTS (MU-V, MU-DW, ,MU-CV/1ST" ST., MU-W1, MU-W2)
20.22.020 Mixed -Use Zoning Districts Land Uses and Permit Requirements.
Table 2-8
Table 2-9
Section 10: The row titled "Take -Out Service -Fast Casual (up to 20 seats (5))" is amended and a new row titled "(Alcohol Sales (off sale) (with late hours) (4)" is added to Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed -Use Zoning Districts (MU-V, MU-DW, MU-CV/15T" ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code to read as follows:
Take -Out Service —Fast -Casual (up to 20 seats) (4) (5) P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Alcohol Sales (off -sale) (with late hours) (4)
CUP
CUP
—
CUP
Section 20.48.030
Section 11: Note (5) of Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed -Use Zoning Districts (MU-V, MU-DW, MU-CV/15T" ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
(5) Permitted or Minor Use Permit Required.
For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
Except as provided in (5)(a), a minor use permit shall be required for any use located within five hundred (500) feet, of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Section 12: The row titled "Take -Out Service -Fast Casual (up to 20 seats (3)(4))" of Table 2-9 (Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed -Use Zoning Districts (MU-V, MU-DW, MU-CV/15T" ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
Take -Out Service —Fast -Casual (up to 20 seats) (3)(4) P/MUP P/MUP Section 20.48.090 Section 13: Note (4) of Table 2-9 (Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed -Use Zoning Districts (MU-V, MU-DW, MU-CV/15T" ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
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(4) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district. b. Except as provided in 4(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours. 24-1108
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Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, H)
Section 14: Subsection (13)(3) of Section 20.28.020 (Mobile Home Park (MHP) Overlay Zoning District)) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is amended to read as follows:
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
B 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the Cal. Gov. Code.
Section 15: Subsection (D) of Section 20.28.020 (Bluff (B) Overlay District) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is amended to read as follows:
20.28.040 Bluff (B) Overlay District.
D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibit adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibit B-1) All contour lines refer to NAVD 88 contours.
1. Kings Place (104-112 and 204-224).
a. Development Area A. Between the front property line adjacent to Kings Place and the development line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb adjacent to the lot.
b. Development Area C. All portions of the lot not located in Area A.
2. Kings Place (116-200).
Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map.
b. Development Area B. All portions of the lot not located in Area A or C. c. Development Area C. Between the down slope boundary of Area A and a development line established at the twenty-six (26) foot contour line.
d. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400) square feet (cumulative) in area shall be allowed in Area B. 24-1109
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Chapter 20.30
PROPERTY DEVELOPMENT STANDARDS
Section 16: Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of Chapter 20.30 (Property Development Standards) of Title 20 of the Code is amended to read as follows:
20.30.120 Solid Waste and Recyclable Materials Storage.
Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Cal. Pub. Resources Code Section 42900) and Chapter 6.04 and Chapter 6.06.
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Chapter 20.32
DENSITY BONUS
Section 17: Subsections (L) and (0) of Section 20.32.020 (Definitions) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.020 Definitions.
L. "Lower -income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed. Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower -income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
O. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility to claim a welfare exemption under Cal. Rev. & Tax. Code of Section 214 (G).
Section 18: Subsection (A)(8) of Section 20.32.030 (Eligibility for Density Bonus and Incentives) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is amended to read as follows:
20.32.030 Eligibility for Density Bonus and Incentives.
A 8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12, that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Cal. Civ. Code Section 798.76 or 799.5 .
Section 19: Subsection (C)(4) of Section 20.32.050 (Allowed Density Bonuses) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is amended to read as follows:
20.32.050 Allowed Density Bonuses.
C 4. Priority for the affordable units shall be given to lower -income students experiencing homelessness. A homeless service provider, as defined in Cal. Health & Saf. Code Section 103577(3)(e) , or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.
Section 20: Subsections (13)(3)(b) and (13)(3)(c) of Section 20.32.060 (Parking Requirements in Density Bonus Projects) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.060 Parking Requirements in Density Bonus Projects.
B 3 b. The housing development is a for -rent housing development for individuals who are sixty-two (62) years of age or older that meet the definition in Cal. Civ. Code Sections 51.2 and 51.3 and the housing development 24-1111
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has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight (8) times per day; or
B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf.
Code Section 51312, or supportive housing development as defined in Cal. Health & Saf. Code Section 50675.14, and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight (8) times per day.
Section 21: Subsections (13)(1) and (13)(2) of Section 20.32.130 (Continued Availability) of Chapter
20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.130 Continued Availability.
B 1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal. Health & Saf. Code Section 50053; and
B 2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5.
Section 22: Subsections (A)(1), (A)(2)(a), and (13)(2) of Section 20.32.140 (Occupancy and Resale of Ownership Units) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.140 Occupancy and Resale of Ownership Units.
A 1. The unit is initially occupied by a very low-, low-, or moderate -income household, offered at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3) and has received a welfare exemption under Cal. Rev.& Tax. Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no -interest loan program; B 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in Cal. Health & Saf. Code Section 33334.2(e) that promote home ownership. For the purposes of this section:
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Chapter 20.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Section 23: Chapter 20.34 (Conversion or Demolition of Affordable Housing) of Title 20 (Planning and Zoning) of the Code is repealed in its entirety.
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Chapter 20.42
SIGN STANDARDS
Section 24: Subsection (F) of Section 20.42.030 (General Provisions) of Chapter 20.42 (Sign Standards) of Title 20 of the Code is amended to read as follows:
20.42.030 General Provisions.
F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with Cal. Gov. Code Section 65850 and Cal. Bus. & Prof. Code Sections 5354(a) and 5408.3. Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by Cal. Bus.& Prof. Code Section 5412. 24-1114
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Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
Section 25: Subsection (C)(2)(b)(ii) of Section 20.48.030 (Alcohol Sales) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.030 Alcohol Sales.
C. 2. B. ii. A pattern of documented violations of the permit conditions, this Zoning Code, this Code, the Cal. Pen.
Code, or other State statutes; or
Section 26: Subsection (A)(2) of Section 20.48.060 (Bed and Breakfast Inns) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.060 Bed and Breakfast Inns.
A. 2 Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with Cal. Bus. & Prof. Code Section 24045.12, a bed and breakfast inn may sell alcohol to registered guests only; provided, that the establishment has an approved ABC License Type 80 (Special On -Sale General B and B license).
Section 27: Subsection (G)(2)(b)(i) of Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.090 Eating and Drinking Establishments.
G 2 b i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Cal. Pen. Code, or other State statutes; or
Section 28: The introductory sentence of Section 20.48.100 (Emergency Shelters) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.100 Emergency Shelters.
This section provides standards for the establishment and operation of emergency shelters in compliance with Cal. Gov. Code Section 65583.
Section 29: Subsection (A) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in Cal. Gov. Code Sections 65852.2 and 65852.22, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
Section 30: Subsection (13)(4) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
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B. 4 Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Section 17980.12.
Section 31: Subsection (F)(3)(c)(iii) of Section 20.48.200 (Accessory Dwelling Units) of Chapter
20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
F.3.c.iii An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi -unit dwelling that is located within one -half -mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Cal. Pub. Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.
Section 32: Subsection (J) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with Cal.
Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable.
Section 33: The introductory paragraph and Subsections (13)(3)(c), (13)(3)(d), (13)(3)(e), (13)(4)(b)(i), (13)(4)(b)(ii), (13)(4)(m), and (13)(5)(g) of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code are amended to read as follows:
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and urban lot splits as required pursuant to Cal. Gov. Code Sections 65852.21 and 66411.7. This section shall sunset automatically without action of the City in the event Cal. Gov. Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.
B. 3 c Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act (Cal. Gov. Code Sections 7060 through 7060.7) to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.
B. 3 d Historic Resource. The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Cal. Pub. Resources Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
B. 3 e Environmental Resource or Hazard. As specified in Cal. Gov. Code Section 65913.4, the development is located on a lot that is any of the following:
B. 4 b i One-half mile walking distance of a high -quality transit corridor, as defined in Cal. Pub. Resources Code Section 21155;
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B. 4 b ii One-half mile walking distance of a major transit stop, as defined in Cal. Pub. Resources Code Section 21064.3; or
B. 4 m Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may deny an application for an SB 9 housing development if the Director makes written finding(s), based upon a preponderance of the evidence, that the development would have a specific, adverse impact, as defined and determined in Cal. Gov. Code Section 65589.5, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. 5 g Owner -Occupancy. The owner of the lot proposed for an urban lot split shall comply with the requirements provided herein and sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the final, recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in Cal. Rev. & Tax. Code Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in Cal. Rev. & Tax. Code Section 214.15.
Section 34: Subsection (13)(3) of Section 20.48.230 (Tattoo Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.230 Tattoo Establishments.
B. 3 Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of this Code. 24-1117
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Chapter 20.49
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 35: Subsections (B), (E)(2), and (F) of Section 20.49.020 (Effect of Chapter) of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.49.020 Effect of Chapter.
B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to installation or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Section
20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment permit, if required) for any telecom facility approved to be located on any City -owned property or City -held trust property, shall enter into an agreement prepared and executed by the City Manager prior to installation of the facility, consistent with Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property).
E 2. Requirements established by any other provision of this Code and by any other ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any conditions of approval in effect at the time the facility was approved, and any regulations pertaining to legal, nonconforming uses or structures that may be applicable pursuant to provisions of this Code or federal and State laws as they may be amended or enacted, in the future.
Section 36: Subsections (S) of Section 20.49.030 (Definitions) of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.49.030 Definitions.
S. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, street light, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to Cal. Pub. Util. Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard which is replaced with a new street light standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement street light standard.
Section 37: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 20.49.050 (General Development and Design Standards) of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.49.050 General Development and Design Standards.
F. 3 b New or replacement vertical structures may be allowed when authorized by this Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and 24-1118
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design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within the area.
F. 6 b i Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of this Code. Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view may be incorporated. Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by this Code.
J. 2 All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code.
Section 38: Subsections (B), (C), (E), and (F) of Section 20.49.060 (Permit Review Procedures) of Chapter
20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.49.060 Permit Review Procedures.
B. Installations in the Public Right -of -Way. All telecom facilities proposed to be located in the public right-of- way shall comply with the provisions of this Code including but not limited to the provisions of Title 13 as it may be amended from time to time.
C. Application Submission Requirements for Telecom Facilities on City -Owned or City -Held Trust Properties. Prior to the submittal for any application for any facility located on any City -owned property or City -held trust property, the applicant shall first obtain written consent to the application from the City Manager.
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and consistent with Cal. Gov. Code Section 65850.6 , the addition of a new facility to an existing facility resulting in the establishment of a collocated telecom facility shall be allowed without discretionary review if it complies with Section 20.49.090. If a collocated telecom facility does not satisfy all of the requirements of Cal. Gov. Code Section 65850.6 and Section 20.49.090, the facility shall be reviewed pursuant the review procedures provided in Table 4-1.
F. Emergency Communications Review. At the time an application is submitted to the Community Development Department, a copy of the plans, map, and emission standards shall be sent to the Police Chief. The Police Chief shall review the plan's potential conflict with emergency communications. The review may include a pre - installation test of the telecom facility to determine if any interference exists. If the Police Department determines that the proposal has a high probability that the facility will interfere with emergency communications devices, the applicant shall work with the Police Department to avoid interference.
Section 39: Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property) of Chapter
20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.49.080 Agreement for Use of City -Owned or City -Held Trust Property.
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harmless provisions) by the City Manager, consistent with provisions of this Code and any applicable provisions of the City Council Policy Manual.
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Chapter 20.50
PERMIT APPLICATION FILING AND PROCESSING
Section 40: Table 5-1 (Review Authority) of Section 20.50.030 (Multiple Permit Applications) of Chapter
20.50 (Permit Application Filing and Processing) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
TABLE 5-1
REVIEW AUTHORITY
lApp
Role of Review Authority (1)
licable Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Administrative and Legislative
Interpretations
Section
Determination
Appeal
Appeal
20.12.020
(3)
Planned
Chapter 20.56
Recommend
Decision
Communities
Specific Plans
Chapter 20.58
Recommend
Decision
Zoning Code
Chapter 20.66
Recommend
Decision
Amendments
Zoning Map
Chapter 20.66
Recommend
Decision
Amendments
-
L--
.
Permits and Approvals
Affordable
Chapter 20.32
Decision
Appeal/Decision
Appeal/Decision
Housing
(3)(4)
(4)
(4)
Implementation
Plan
Comprehensive
Decision (3)
Appeal
Sign Program
Conditional Use
Section
Decision
Appeal
Permits
20.52.020
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TABLE 5-1
REVIEW AUTHORITY
Role of Review Authority (1)
Type of Action
Applicable Code
Chapter/Section
Zoning Hearing
Director Administrator Officer Commission Council (2)
Conditional Use
Section
Decision
Appeal
Permits—
).52.030
Residential
Zones HO
Heritage Sign
Decision
Appeal
Innovative Sign
Decision
Appeal
Program
Limited Term
Section
Decision (3)
Appeal
Appeal
Permits
Minor Use
Section
Decision (3)
Appeal
Appeal
Permits
.020
-
L
Modification
Section
Decision (3)
Appeal
Appeal
Permits
)0.52.050
Planned
Section
Decision
Appeal
Development
Permits
Reasonable
Section
peal
Appeal
Accommodations
)i0
Ir
Sign Permits
Chapter 20.42
Determination
Appeal
Appeal
(3)
Site
Section
Decision (3)
Decision
Appeal
Development
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
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TABLE 5-1
REVIEW AUTHORITY
lApplicable
Role of Review Authority (1)
Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Variances
Section
Decision
Appeal
120.52.090
Zoning
Section
Determination
Appeal
Appeal
Clearances
120.52.100
(3)
Notes:
(1) "Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision - making body, in compliance with Chapter 20.64 (Appeals). (2) The Council is the final review authority for all applications in the City. (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action.
(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking reductions. The Planning Commission shall be the initial review authority for concessions, incentives and waivers. The City Council shall be the review authority for any financial incentive or fee waiver. 24-1123
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Chapter 20.52
PERMIT REVIEW PROCEDURES
Section 41: Subsection (A) of Section 20.52.015 (Affordable Housing Implementation Plan) of Chapter 20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with Cal. Gov. Code Section 65915 et seq. and Chapter 20.32.
Section 42: Subsections (G)(5) and (H)(11) of Section 20.52.040 (Limited Term Permits) of Chapter 20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.52.040 Limited Term Permits.
G. 5 The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of this Code and the successful granting of all required permits from any other department or governing agency; and 24-1124
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Section 43: The Table of Contents for Chapter 20.60 (Administrative Responsibility) of the Code is amended to read as follows:
Chapter 20.60
ADMINISTRATIVE RESPONSIBILITY
Sections:
20.60.010 Purpose.
20.60.020 City Council.
20.60.030 Planning Commission.
20.60.040 Hearing Officer.
20.60.050 Zoning Administrator.
20.60.060 Community Development Director.
Section 44: Section 20.60.010 (Purpose) of Chapter 20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community Development Director in the administration of this Zoning Code.
Section 45: Subsection (B) of Section 20.60.020 (City Council) of Chapter 20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.020 City Council.
B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan and this Code standards that apply to development and to further the public health, safety, and general welfare of the community.
Section 46: Subsections (B) and (C) of Section 20.60.030 (Planning Commission) of Chapter 20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.60.030 Planning Commission.
B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and this Code, including the following:
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan and this Code standards that apply to development and to further the public health, safety, and general welfare of the community.
Section 47: Subsection (C) of Section 20.60.040 (Hearing Officer) of Chapter 20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
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20.60.040 Hearing Officer.
C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan and this Code's standards that apply to development and to further the public health, safety, and general welfare of the community.
Section 48: Subsection (13)(1) and (C) of Section 20.60.OSO (Zoning Administrator) of Chapter 20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.60.050 Zoning Administrator.
B. 1 The Zoning Administrator shall have the authority to investigate and make decisions on the applications identified in Table S-1 (Review Authority) in compliance with this Zoning Code and this Code as well as the following:
C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan and this Code's standards that apply to development and to further the public health, safety, and general welfare of the community.
Section 49: The title to Section 20.60.060 (Planning Director) of Chapter 20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.060 Community Development Director.
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Chapter 20.64
APPEALS
Section 50: Subsection (13)(1) of Section 20.64.030 (Filing and Processing of Appeals and Calls for Review) of Chapter 20.64 (Appeals and Calls for Review) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.64.030 Filing and Processing of Appeals and Calls for Review.
B. 1 Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by this Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
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Chapter 20.70
DEFINITIONS
Section 51: Section 20.70.010 (Purpose of Part) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of this Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this part, or elsewhere in this Zoning Code, the most common dictionary definition is presumed to be correct.
Section 52: The following definitions in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.70.020 Definitions of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Section 50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Section 50053. "Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine —package store) or License Type 21 (off -sale general —package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples include drug stores, grocery stores, and supermarkets, but do not include convenience markets.
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR Section 671 (Importation, Transportation and Possession of Live Restricted Animals). "Area median income" means the median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the 25 CCR Section 6932. "California Environmental Quality Act (CEQA)" means a State law (Cal. Pub. Resources Code Section 21000 et seq.).
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"Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners.
Includes a condominium project, community apartment project, or stock cooperative, as defined in Cal. Civ. Code Section 1351.
"Demolition" means:
the deliberate removal or destruction of the frame or foundation of a portion of a structure. "Director" means the City of Newport Beach Community Development Director or a duly designated representative of the Director, referred to as the "Director." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007. "Emergency shelter (land use)" means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with minimal supportive services for homeless persons.
"Explosives" means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf. Code. See also "Hazardous materials" "Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov. Code Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also "Parcel map" and "Tentative map." "General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov. Code Section 65300 et seq., and referred to in this Zoning Code as the "General Plan."
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov. Code Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed. "Municipal Code" means the Newport Beach Municipal Code of the City of Newport Beach, as amended. "Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov.
Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
Parolee -Probationer. A parolee -probationer includes: (a) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal. Pen. Code Section 24-1129
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3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (d) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer.
For the purposes of this definition, "felony" means a felony as defined by any California or United States statute. "Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (14 CCR Section 13577). See "Submerged lands" and "Tidelands"
"SB 9 housing development (land use)" means a residential development that contains two new dwelling units or proposes to add one new dwelling unit on a lot designated for single-family residential use with one existing dwelling unit, pursuant to Cal. Gov. Code Section 65852.21. "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Section 51.3(b)(4). "Specific plan" means, under Cal. Gov. Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). "Subdivision Map Act" means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, as amended, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (14 CCR Section 13577). See "Public trust lands."
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined by Cal. Health & Saf. Code Section 53260(d), and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also "Final map" and "Parcel map." "Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 CCR Section 13577). See "Public trust lands."
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"Urban lot splits (land use)" means the subdivision of an existing, legally subdivided lot intended for single-family residential use to create one new additional lot, pursuant to Cal. Gov. Code Section 66411.7.
Visitor Accommodations (Land Use).
2. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev. & Tax. Code Section 7280.
3. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. Rev. & Tax. Code Section 7280.
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Section 53: The Table of Contents for Chapter 20.80 (Maps) of the Code is amended to read as follows:
Chapter 20.80
MAP
Section 54: Section 20.80.020 (Bluff Overlay) of Chapter 20.80 (Maps) of the Code is amended to read as follows:
20.80.020 Bluff overlay.
Bluff Overlay, Development Area Map (Section 20.28.040):
B-1— Kings Place (PDF)
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Chapter 20.90
SANTA ANA HEIGHTS SPECIFIC PLAN
Section 55: Subsection (D) of Section 20.90.040 (Land Use Regulations) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.040 Land Use Regulations.
D 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five (45) dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of sixty-five (65) dB CNEL. Prior to the issuance of any building permits for such development, an acoustical analysis report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City - approved acoustical consultant and submitted to the Community Development Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project.
2. All nonresidential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City -approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Community Development Director in the form of an acoustical analysis report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project.
3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the project applicant shall submit evidence to the Community Development Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the design of the project.
4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single-family dwelling units with no intensification of development.
Section 56: Subsection (C)(5) of Section 20.90.050 (Open Space and Recreation District: SP-7 OSR)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.050 Open Space and Recreation District: SP-7 (OSR). 24-1133
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C 5. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district.
Section 57: Subsection (D)(9) of Section 20.90.060 (Residential Equestrian District: SP-7 (REQ)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.060 Residential Equestrian District: SP-7 (REQ).
D 9 Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this District.
Section 58: Subsection (D)(9) and (F)(4)(b)(iii) of Section 20.90.070 (Residential Kennel District: SP- 7 (RK)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.90.070 Residential Kennel District: SP-7 (RK).
D 9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district.
F. 4 b iii Within those areas where fences and walls are limited to a maximum height of three and one-half (3 %2) feet per this Code.
Section 59: Subsection (G) of Section 20.90.070 (Residential Kennel District: SP-7 (RK)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
G. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a commercial kennel may be approved administratively by the Community Development Director, and shall not require an acoustical analysis report per subsection (G)(2) of this section if all of the following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10) percent from that shown on the current plot plan;
b. The proposed change does not increase the number of dog runs from that shown on the current plot plan; C. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does not provide for any additional accessory uses; d. The proposed change is consistent with the setback standards for kennel facilities as set out in subsection (F) of this section; and
e. The proposed change satisfies the required findings for use permits in Part 5 of this title.
2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise generating potential of the proposed project and proposed attenuation measures to assure compliance with Chapter 10.26 (Community Noise Control). The report shall be prepared by a City -approved acoustical consultant and submitted to the Community Development Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project. 24-1134
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Section 60: Subsections (D)(7)(a) and (D)(7)(b) of Section 20.90.080 (Residential Single -Family District: SP-7 (RSF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.90.080 Residential Single -Family District: SP-7 (RSF).
D 7 a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds and not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards: pens, cages, and other structures specifically for the keeping of animals other than in the residence shall be located at least twenty-five (25) feet from any residential window located on an adjoining building site. Exceptions to the above may be provided for by a use permit approved by the Community Development Director. b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ); provided, that no horse shall be permitted on a building site containing less than ten thousand (10,000) square feet of land area, and pens, cages, and other structures specifically for the keeping of horses shall be located at least fifty (50) feet from any residential window located on an adjoining building site. One or two adult horses are permitted on a building site containing between ten thousand (10,000) and fifteen thousand (15,000) square feet of land area. One additional adult horse may be kept for each additional ten thousand (10,000) square feet, with a maximum of six (6) horses on any one building site. The offspring of such animals shall be considered adults when eight (8) months old. Exceptions to the above may be provided for via a use permit approved by the Community Development Director.
Section 61: Subsection (D)(9) of Section 20.90.080 (Residential Single -Family District: SP-7 (RSF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
D 9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district.
Section 62: Subsection (D)(7) of Section 20.90.090 (Residential Multiple -Family District: SP-7 (RMF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.090 Residential Multiple -Family District: SIP-7 (RMF).
D 7. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district.
Section 63: Subsection (D)(4) of Section 20.90.100 (Horticultural Nursery District: SP-7) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.100 Horticultural Nursery District: SP-7 (HN).
D 4. Any other accessory uses or structures which the Community Development Director finds consistent with the purpose and intent of this district.
Section 64: Subsection (D)(4) of Section 20.90.110 (General Commercial District: SP-7 (GC)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
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20.90.110 General Commercial District: SP-7 (GC).
D 4. Any other accessory uses or structures which the Community Development Director finds consistent with the purpose and intent of this district.
Section 65: Subsection (F)(11)(a)(v) of Section 20.90.110 (General Commercial District: SP-7 (GC)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
F 11 a v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two feet within eighteen (18) months after initial installation. Permanent watering facilities shall be provided. If, eighteen (18) months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director shall require that either walls, berms, or a solid fence be installed.
Section 66: Subsection (C)(2) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.120 Business Park District: SP-7 (BP).
C 2. The following additional temporary uses are permitted subject to approval of a limited term permit per Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of five hundred dollars ($500.00) for each temporary structure shall be posted with the Community Development Director to guarantee the removal of each temporary structure upon the expiration of the use permit.
b. Commercial coaches serving as temporary office space. A cash bond in the amount of five hundred dollars ($500.00) for each commercial coach unit shall be posted with the Community Development Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a minor use permit. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.40 and the site development standards contained in this section. d. Any other uses which the Community Development Director finds consistent with the purpose and intent of this District.
Section 67: Subsection (C)(4)(f) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
C 4 f. Any use which the Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.
Section 68: Subsection (C)(6)(a) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
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C 6. a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six (6) feet in height along the side property line and at eight (8) feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District, an eight -foot - high wall shall be required. In addition, a front wall or fence may be required at the discretion of the Community Development Director. Fence or wall materials and height shall be subject to approval at the discretion of the Community Development Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited.
Section 69: Subsection (D)(5) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
D 5. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district.
Section 70: Subsection (E)(11) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
E 11. Any use which the Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.
Section 71: Subsection (D)(3) of Section 20.90.130 (Professional and Administrative Office District:
SP-7 (PA)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.130 Professional and Administrative Office District: SP-7 (PA).
D 3. Accessory uses and structures which the Community Development Director finds consistent with the purpose and intent of this district.
Section 72: Subsection (C)(3)(b) of Section 20.90.170 (Fire Facility Overlay District: (FF)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.170 Fire Facility Overlay District: (FF).
C 3 b. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources.
The Community Development Director may orderthe dimming of light sources or other remediation upon finding that the site is excessively illuminated.
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Section 73: The Table of Contents for Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
Chapters:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV, OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St., MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H) Part 3. Site Planning and Development Standards
21.30 Property Development Standards
21.30A
Public Access and Recreation
21.30B
Habitat Protection
21.30C
Harbor and Bay Regulations
21.35 Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off -Street Parking
21.44 Transportation and Circulation
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunications Facilities
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Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions Part 6. Implementation Plan Administration
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Definitions
21.70 Definitions
Part 8. Maps
21.80 Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
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Chapter 21.10
PURPOSE AND APPLICABILITY OF THE IMPLEMENTATION PLAN
Section 74: Subsection (A) of Section 21.10.030 (Authority -Relationship to Coastal Land Use Plan) of Chapter 21.10 (Purpose and Applicability of the Implementation Plan) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.10.030 Authority —Relationship to Coastal Land Use Plan.
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850 et seq. of the Cal. Gov. Code, Division 20 of the Cal. Pub. Resources Code (California Coastal Act), and 14 CCR Section 13001 et seq. (California Coastal Commission Regulations). 24-1140
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Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
Section 75: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals May Be Required) of Chapter 21.16 (Development and Land Use Approval Requirements) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.16.060 Additional Permits and Approvals May Be Required.
A. 1 Other provisions of this Code (e.g., conditional use permits, minor use permits, limited -term permits, site development review, zoning clearances, building permits, grading permits, other construction permits, live entertainment permit, or a business license); or
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Chapter 21.18
RESIDENTIAL COASTAL ZONING DISTRICT (R-A, R-1, R-BI, R-2, AND RM) TABLE 21.18-4 Notes
Section 76: Note (7) of Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning District (R-A, R-1, R-BI, R-2, AND RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. 24-1142
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Chapter 21.22
MIXED -USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15T" ST., MU-W1, MU-W2) TABLE 21.22-3 Notes
TABLE 21.22-4 Notes
Section 77: Note (6) of Table 21.22-3 of Section 21.22.030 (Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal zoning Districts (MU-V, MU-MM, MU- CV/15TH ST., MU-W1, MU-W2)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards.
Section 78: Note (7) of Table 21.22-4 of Section 21.22.030 (Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal zoning Districts (MU-V, MU-MM, MU- CV/15TH ST., MU-W1, MU-W2)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards. 24-1143
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Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS) Section 79: Subsection (C)(2) of Section 21.26.04S (Planned Community Coastal Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.26.045 Planned Community Coastal Zoning District Land Uses.
C 2 Subject to approval of the Community Development Director after a determination that the parking provided is adequate to serve demand and that the uses will not adversely impact other land uses in the area. 24-1144
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Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C AND H)
Section 80: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park (MHP) Overlay Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
A 1. Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile Home Parks Act (Cal. Health & Saf. Code Section 18300) and the California Coastal Act (Cal. Pub. Resources Code Division 20).
C 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the Cal. Gov. Code. 24-1145
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Chapter 21.30
PROPERTY DEVELOPMENT STANDARDS
Section 81: Subsections (13)(1)(b) and (13)(5) of Section 21.30.105 (Cultural Resource Protection) of Chapter 21.30 (Property Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.30.105 Cultural Resource Protection.
B 1 b. A site where evidence of potentially significant historical resources is found in an initial study conducted in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub. Resources Code Section 21000 et seq.).
B 5. Offer for Relocation of Historic Structure. Before issuance of a permit by the Community Development Director for the demolition of an historic structure the applicant shall first offer the structure for relocation by interested parties.
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Chapter 21.30A
PUBLIC ACCESS AND RECREATION
Section 82: Subsection (13)(1) of Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of Chapter 21.30A (Public Access and Recreation) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.30A.040 Determination of Public Access/Recreation Impacts.
B. 1 Land Use. The project's impact on use of private lands suitable for visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation and other priority uses specified in Cal.
Pub. Resources Code Sections 30222 and 30223.
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Chapter 21.30B
HABITAT PROTECTION
Section 83: Subsections (13)(1) and (D) of Section 21.3013.040 (Wetlands, Deepwater Areas, and Other Water Areas) of Chapter 21.30E (Habitat Protection) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas.
B. 1 Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland boundaries contained in 14 CCR Section 13577(b
D. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the Cal. Pub. Resources Code (Coastal Act) and Section 21.30B.040(E)(2).
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Chapter 21.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Section 84: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Title 21 (Local Coastal Program Implementation Plan) of the Code is repealed in its entirety. 24-1149
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Chapter 21.38
NONCONFORMING USES AND STRUCTURES
Section 85: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter 21.38 (Nonconforming Uses and Structures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.38.070 Landmark Structures.
D 3. Any permit required by other titles of this Code (other than this title) shall be obtained before the initiation or intensification of an accessory use of a landmark structure; 24-1150
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Chapter 21.44
TRANSPORTATION AND CIRCULATION
Section 86: Subsection (C) of Section 21.44.045 (Vacation and Abandonments) of Chapter 21.44 (Transportation and Circulation) of Title 21(Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.44.045 Vacations and Abandonments.
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or abandonment pursuant to Cal. Sts. & Hy. Code Sections 8300 through 8363 and by filing an application for a coastal development permit pursuant to Chapters 21.50 and 21.52.
Section 87: Subsections (A) and (B) of Section 21.44.055 (Temporary Street Closures) of Chapter 21.44 (Transportation and Circulation) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.44.055 Temporary Street Closures.
A. General. Temporary closing of portions of any street for celebrations, parades, local special events, and other purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the Cal. Veh. Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of no more than twenty- four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of the Police Chief, the closure is necessary to protect the public safety. In no event shall any street closure prevent or interfere with the public's access to the beach or bay.
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Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
Section 88: Subsections (A), (13)(4), and (J) of Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in Cal. Gov. Code Sections 65852.2 and 65852.22, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
B. 4 Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Section 17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with Cal. Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit orjunior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior standards, as applicable.
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Chapter 21.49
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 89: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49 (Wireless Telecommunication Facilities) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.49.030 Definitions.
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, streetlight, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to Cal. Pub. Util. Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard which is replaced with a new streetlight standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement streetlight standard.
Section 90: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050 (General Development and Design Standards)) of Chapter 21.49 (Wireless Telecommunication Facilities) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.49.050 General Development and Design Standards.
F 3 b. New or replacement vertical structures may be allowed when authorized by this Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within the area.
F 6 b i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of this Code. Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view, may be incorporated. Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by this Code.
J 2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code. 24-1153
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Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
TABLE 21.50-1 Notes
Section 91: Note (7) of Table 21.50-1 (Review Authority) of Section 21.50.020 (Authority for Decisions) of Chapter 21.50 (Permit Application Filing and Processing) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as described in Cal. Pub. Resources Code Section 30519(b) and in deferred certification areas designated by the Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City.
Section 92: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by Jurisdictional Boundaries) of Chapter 21.50 (Permit Application Filing and Processing) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.50.025 Projects Bisected by Jurisdictional Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is located within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal development permits are required by both the City and the Coastal Commission. Alternatively, if the applicant, the City and the Coastal Commission agree, the Coastal Commission can process a consolidated coastal development permit application pursuant to the procedures in Cal. Pub. Resources Code Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of the City and another local government, the applicant must obtain separate coastal permits from each jurisdiction.
An exception is possible for public agencies that, pursuant to Cal. Pub. Resources Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued coastal permits. 24-1154
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Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
Section 93: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Cal. Pub. Resources Code) as amended, in accordance with the City's Local Coastal Land Use Plan and the City's Local Coastal Program. The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a proposal in the City's permitting jurisdiction constitutes development and whether or not that development requires a coastal development permit or is exempt. No provision contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations.
Section 94: Subsections (13)(1) and (H) of Section 21.52.015 (Coastal Development Permits) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.52.015 Coastal Development Permits.
B 1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Cal. Pub. Resources Code Section 30519(b) and in deferred certification areas designated by the certified Local Coastal Program require a permit or exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of 14 CCR Section 13570, a notice of its final action shall be sent, by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope to the City. Such notice shall be accompanied by a copy of the exemption, denial, or coastal development permit approval with conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission.
Section 95: The introductory paragraph to Subsection (C) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
C. Coastal Act Exemptions. Developments not located within the Coastal Commission's permit jurisdiction determined to be exempt from the coastal development permit requirements pursuant to Cal. Pub. Resources Code Section 30610. The following types of projects shall be so exempted unless they involve a risk of adverse environmental effects:
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Section 96: Subsection (C)(1)(d)(i) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 1 d i. An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to Cal. Pub. Resources Code Section 30610(a) and/or this subsection.
Section 97: Subsection (C)(2)(d)(i) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 2 d i. An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to Cal. Pub. Resources Code Section 30610(a) and/or this subsection.
Section 98: Subsection (C)(4)(d) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 4 d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Cal. Pub. Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.
Section 99: Subsection (C)(7) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 7. Time -Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Cal. Bus.& Prof. Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this part, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple -unit residential structure into condominiums, as defined in Section 783 of the Cal. Civ. Code, shall not be considered a time-share project, estate, or use for purposes of this subsection.
Section 100: Subsection (C)(8) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is added to read as follows:
C 8. Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes.
Section 101: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.045 Categorical Exclusions.
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A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion after certification of this Implementation Plan pursuant to Cal. Pub. Resources Code Sections 30610(e) or 30610.5 and 14 CCR Section 13215 et seq. and 14 CCR Section 240 et seq. Records of such categorical exclusions shall be kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five (5) business days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project are obtained. A copy of all terms and conditions imposed by the City shall be provided to the Coastal Commission, per 14 CCR Section 13315.
Section 102: Subsection (A) of Section 21.52.075 (Coastal Commission Review of Recorded Access Documents) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and 14 CCR Section 13574:
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Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
Section 103: Subsection (B) of Section 21.54.030 (Effective Date of Permits -Notice of Final Action) of Chapter
21.54 (Permit Implementation, Time Limits, and Extensions) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.54.030 Effective Date of Permits —Notice of Final Action.
B. Notice of Final Action. Final City action on permits for sites located within the City's coastal zone shall be documented by the notice of final local action which the City sends to the Coastal Commission within seven days of the City's final action on a CDP application and compliance with 14 CCR Section 13570. 24-1158
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Chapter 21.64
APPEALS AND CALLS FOR REVIEW
Section 104: The introductory paragraph of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter
21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development as defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with this section and 14 CCR Sections 13111 through 13120 and Coastal Act Section 30603. If there is any conflict between the provisions of this section or 14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act, 14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
Section 105: Subsection (A) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
A. Appealable Development —Cal. Pub. Resources Code Section 30603(a). A decision by the City on a coastal development permit application within the appeal areas identified in Cal. Pub. Resources Code Section 30603(a) as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development approved or denied by the City on a coastal development permit application for a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission.
Section 106: Subsection (B) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two members of the Coastal Commission in compliance with Cal. Pub. Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub. Resources Code Section 30801, an aggrieved person is any who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either.
Section 107: Subsection (C) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on a coastal development permit application to the Coastal Commission only after exhausting all appeals to the Planning Commission and Council in compliance with this chapter. Exhaustion of all local appeals shall not apply to any circumstance identified in 14 CCR Section 13573(a), including, but not limited to, the following circumstances:
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1. An appellant was denied the right of the initial local appeal under this chapter because City notice and hearing procedures did not comply with 14 CCR Section 13573; or
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR Section 13573(b), there shall be no requirement of exhaustion of local appeals when an appeal of a City decision is filed by two members of the Coastal Commission in compliance with Cal. Pub. Resources Code Section 30625. Notice of a Coastal Commissioners' appeal shall be transmitted to the City in compliance with 14 CCR Section 13111(d). The Director may transmit the Commissioners' appeal to the local appellate body (which considers appeals from the local body that rendered the final decisions subject to the Commissioner appeal), and the Commissioners' appeal may be suspended pending a decision on the merits by that local appellate body. If the final action by an appellate body modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.
Section 108: The introductory sentence to Subsection (D) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
D. Grounds for Appeal to Coastal Commission —Cal. Pub. Resources Code Section 30603. The grounds for an appeal to the Coastal Commission of a City final action on a coastal development permit application are as follows:
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Chapter 21.68
ENFORCEMENT
Section 109: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68 (Enforcement) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this chapter, the provisions of Cal. Pub. Resources Code Division 20, Chapter 9 shall also apply with respect to violations and enforcement and the City and the Commission shall have the enforcement powers described therein. 24-1161
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Chapter 21.70
DEFINITIONS
Section 110: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Implementation Plan that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of this Code, these definitions shall control for the purposes of this Implementation Plan. If a word is not defined in this part, or elsewhere in this Implementation Plan, the most common dictionary definition is presumed to be correct.
Section 111: The following definitions in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.70.020 Definitions of Specialized Terms and Phrases. "Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either (Cal. Pub. Resources Code Section 30801). "Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine — package store) or License Type 21 (off -sale general —package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples include drug stores, grocery stores, and supermarkets, but do not include convenience markets. "Review authority" means the individual or official City or State body identified by this Implementation Plan as having the responsibility and authority to review and approve or disapprove ministerial and discretionary permit applications described in this Implementation Plan. Includes the Newport Beach City Council ("Council"), the Planning Commission ("Commission"), the Community Development Director ("Director"), the Zoning Administrator ("Zoning Administrator"), the Community Development Department ("Department"), the City Traffic Engineer, the Public Works Director and the California Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
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only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR Section 671 (Importation, Transportation and Possession of Live Restricted Animals). "Area median income" means the median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the 25 CCR Section 6932. "California Environmental Quality Act (CEQA)" means a State law (Cal. Pub. Resources Code Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion area boundary adopted in compliance with the California Coastal Act (Cal. Pub. Resources Code Section 30000 et seq.). "Categorical exclusion order" means a decision issued by the California Coastal Commission in compliance with the Coastal Act (Cal. Pub. Resources Code Section 30610(e)), in which the Coastal Commission excludes certain categories of development from requirements to obtain coastal development permits from the Coastal Commission. A categorical exclusion order automatically terminates upon the effective date of the delegation of development review authority to a local government in compliance with 14 CCR Section 13249(b). "Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA Guidelines, an exemption from CEQA for a class of projects based on a finding by the Secretary of Resources that the class of projects does not have a significant effect on the environment.
"Coastal Commission" means the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Cal. Pub. Resources Code Section 30000 et seq.) and for appellate review of decisions rendered by a City review authority. "Coastal Commission exclusion areas" means the boundaries of the areas where a category of development, or a category of development within a specifically defined geographic area, is excluded from the coastal development permit requirements pursuant to Cal. Pub. Resources Code Section 30610, which shall be established by the terms and conditions applied to each categorical exclusion order by the Coastal Commission. "Coastal Commission permit jurisdiction" means the boundaries of tidelands, submerged lands, and public trust lands described in Section 30519(b) of the Cal. Pub. Resources Code where the Coastal Commission retains permit jurisdiction.
"Coastal -dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from Cal. Pub. Resources Code Section 30101). "Coastal development permit (CDP)" means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Cal. Pub. Resources Code Section 30600. "Coastal -related development or use" means any development or use that is dependent on a coastal -dependent development or use (from Cal. Pub. Resources Code Section 30101.3). "Coastal zone" means the geographic zone adjacent to the shoreline, the land and water area boundaries of which are determined by the California Coastal Act of 1976, as amended (Cal. Pub. Resources Code Section 30000 et seq.).
"Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. 24-1163
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Includes a condominium project, community apartment project, or stock cooperative, as defined in Cal. Civ. Code Section 1351.
"Density bonus" means, as defined by Cal. Gov. Code Section 65915 et seq., an increase over the maximum density otherwise allowed by the applicable zoning district that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to very low- and low-income households. See "Very low-income household" and "Low-income household" "Development" means on land, in or under water, the placement or erection of solid material or a structure; discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials; change in the density or intensity of use of land, including, but not limited to, subdivision in compliance with the Subdivision Map Act (commencing with Cal. Gov. Code Section 66410), and another division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of a structure, including a facility of a private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes and kelp harvesting. "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007. "Emergency" means any sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services as used in Cal. Pub. Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with minimal supportive services for homeless persons.
"Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub. Resources Code Section 30107.5 means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
"Explosives" means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf. Code. See also "Hazardous materials." "General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov. Code Section 65300 et seq., and referred to in this Implementation Plan as the "General Plan."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov. Code Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also "Parcel map" and "Tentative map." 24-1164
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"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov. Code Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed. "Major energy facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one hundred thousand dollars ($100,000) in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Cal. Pub. Resources Code Section 30610, 30610.5, 30611 or 30624. "Code" means the Newport Beach Municipal Code.
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov.
Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also "Final map" and "Tentative map"
Parks and Recreational Facilities (Land Use).
2. "Recreation, passive" means a type of outdoor recreation or activity that can be carried out with little alteration or improvement to existing topography of a site, with the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (2) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal. Pen. Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer.
For the purposes of this definition, "felony" means a felony as defined by any California or United States statute. "Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (14 CCR Section 13577). See "Submerged lands" and "Tidelands."
"Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Section 51.3(b)(4). "Specific plan" means, under Cal. Gov. Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). 24-1165
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"Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights -of -way. Subdivision includes a condominium project, as defined in Cal. Civ. Code Section 1351 (f), a community apartment project, as defined in Cal. Civ. Code Section 1351 (D), or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Cal. Civ. Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map Act.] "Subdivision Map Act" means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (14 CCR Section 13577). See "Public trust lands"
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined by Cal. Health & Saf. Code Section 53260 (d), and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also "Final map" and "Parcel map" "Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 CCR Section 13577). See "Public trust lands."
Visitor Accommodations (Land Use).
4. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev. & Tax. Code Section 7280.
5. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. Rev. & Tax. Code Section 7280.
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ATTACHMENT F
RESOLUTION NO. 2023- 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING AND
REPEALING VARIOUS CITY COUNCIL POLICIES
WHEREAS, the City of Newport Beach (City) is governed, in part, by its Charter, the Newport Beach Municipal Code (Code), and adopted City Council Policies (Policies); WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-58 forming the Ad Hoc Municipal Code and Council Policy Review Committee (Council Committee) and appointed Mayor Blom, Mayor Pro Tem O'Neill, and former Mayor Muldoon;
WHEREAS, the Council Committee was tasked with reviewing the Code and Policies and providing recommendations to the entire City Council related to whether the Code and Policies should be modified to reduce language as well as the advisability of applying sunset provisions for new and existing Code provisions; WHEREAS, on September 13, 2022, the City Council directed the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks, Beaches and Recreation (PB&R) Commission, and Planning Commission (collectively Commissions) to review the Code and Policies and make recommendations as to how the Codes and Policies could be updated;
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023-58, extending the expiration date of the Council Committee from June 2023 to June 30, 2024, and appointed Council Member Kleiman to the Council Committee, filling the vacancy left by former Mayor Muldoon;
WHEREAS, on May 2, 2023, the PB&R Commission formed an ad hoc committee composed of Vice Chair Kate Malouf, Commissioner Diane Daruty, and Commissioner Heather Ignatin (PB&R Committee);
WHEREAS, the PB&R Committee reviewed the "B" policies, "G" policies, and Policy L-6, and recommended the City Council revise certain Policies and repeal Council Policy B-3;
WHEREAS, Council Policy L-21 was reviewed by the Council Committee, who recommended the City Council revise Council Policy L-21 to eliminate duplicative language;
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Resolution No. 2023-
WHEREAS, at the Study Session on October 24, 2023, the City Council considered the recommendations of the Council Committee and PB&R Commission; and WHEREAS, the City Council desires to move forward with amending the Policies to reduce language and streamline the Policies.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council hereby amends and replaces the Policies as set forth in Exhibit 1, which is attached hereto and incorporated herein by this reference, and hereby repeals City Council Policy B-3.
Section 2: All prior versions of the Policies that conflict with the revisions adopted by this resolution are hereby repealed.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: Except as expressly modified in this resolution, all other Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. 24-1168
Resolution No. 2023-
Section 6: The City Council find the adoption of this resolution and the amendment of the specified Policies is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 14th day of November, 2023.
NOAH BLOM
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
*'Akron C. Harp
City Attorney
Attachment: Exhibit 1 - Revised City Council Policies
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EXHIBIT 1
Revised City Council Policies
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PARK FEE POLICY
Purpose
The City of Newport Beach maintains an extensive park and open space system. The acquisition and development of our park and open space properties is funded, in part, through the payment of park fees paid by persons or entities who subdivide properties. The Subdivision Map Act requires park fees to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision that paid the fees. The City is required to develop a schedule specifying how, when and where the park fees will be used. The purpose of this Policy is to establish the criteria to be used in deciding which facilities serve subdivision residents and schedule whereby park fees are properly and timely committed to appropriate projects. This policy also identifies which parks serve as citywide resources.
Policy
A. Service Criteria.
The Recreation and Open Space Element of the General Plan states that community parks and view parks serve the entire City. Community parks are those with improvements such as community buildings, parking, swimming, facilities for picnicking, active sports and other facilities that serve a larger population. View parks serve as citywide resources because of their unusual beauty and view opportunities. Neighborhood parks serve all ages and include unique recreational facilities, such as basketball courts, tennis courts, turf areas, active sports fields, community buildings, unique play areas. Accordingly, park fees generated by any subdivision within the City may be used to develop new or rehabilitate existing community parks, view parks, and those neighborhood parks listed on Exhibit A.
The Recreation and Open Space Element divides the City into 12 service areas consisting of relatively discrete residential communities. These service areas were created for the purpose of determining whether particular geographical areas were deficient in terms of park and recreational facilities and to identify acquisitions or improvements which would provide residents with greater recreational opportunities. Accordingly, park fees generated by a subdivision within any service area may be used to create new, or rehabilitate, existing park or recreational facilities within that service area and as provided in the Recreation and Open Space Element. 24-1171
B. Implementation Schedule.
Park fees shall be placed in the Facilities Financial Planning Reserve Fund immediately upon receipt with a special designation as Park Fees. These funds, after special designation, shall be used solely for the acquisition or establishment of new, or the rehabilitation of existing, park, open space and recreational facilities. The park fees shall also be placed on a schedule that lists the location of the subdivision, the fees paid, the date on which the fees were paid or the date on which building permits had been issued for 1/2 of the lots created by the subdivision (whichever occurs later), the service area within which the subdivision is located, the neighborhood park, recreation and open space facilities eligible for park fees generated by that subdivision, and the date on which the park fees must be committed to specific project of improvements. The park fees shall be used only for the park and recreation facilities identified on Attachment A and shall be utilized in accordance with the policies and standards specified in the General Plan. Designations for expenditures will be made as part of the annual budget adoption.
[Attachment - Exhibit Al
History
Adopted I-3 —
9-20-1960 ("Park Standards")
Amended I-3
— 8-30-1966
Amended I-3
—11-12-1968
Amended I-3
— 3-9-1970
Amended I-3
2-14-1972
Amended 1-3
—12-10-1973
Amended I-3
— 2-25-1974
Amended I-3
— 5-9-1977
Amended I-3
— 6-13-1977
Adopted I-1 —
6-27-1994 ("Park Fee Policy")
Amended 1-1
— 4-23-2002
Amended 1-1
— 4-8-2003 (changed to B-1)
Amended B-1
— 4-13-2004
Amended B-1
-- 9-13-2005
Amended B-I
— 8-11-2009
Amended B-1
— 5-14-2013
Amended B-1
— 5-12-2015
Amended B-1
— 8-8-2017
Amended B-1
— 11-14-2023
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EXHIBIT A
PARK DEDICATION POLICY
PARKS GUIDE
The following view parks serve as citywide resources by reason of their unusual beauty and the view provided.
Back Bay View Park
Bayview Park
Begonia Park
Canyon Watch
Castaways Park
Channel Place Park
Civic Center Park
Cliff Drive Park
Corona del Mar State Beach Park
Galaxy View Park
Harbor Watch
Inspiration Point
Irvine Terrace Park
Jasmine View Park
John Wayne Park
Kings Road Park
Lido Park
Lookout Point
Los Trancos (lower, middle, upper)
Newport Island Park
Peninsula Park
Rhine Wharf Park
Sunset View Park
West Jetty View Park
Westcliff Park
The following Community and Neighborhood Parks serve as citywide resources by reason of the unique recreational opportunities they offer:
38th Street Park - Basketball courts and playground;
Arroyo Park - Lighted multi -purpose field, basketball court, picnic areas and playground;
Big Canyon Nature Park - Hiking trails;
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Bob Henry Park - Multipurpose field, ball diamond, playground, picnic areas; Bonita Canyon Sports Park - Four youth baseball fields, one multi -purpose field, one soccer field, tennis courts, pickleball courts, basketball court, two playgrounds and connecting trail to Arroyo Park;
Bonita Creek Park and Community Center - Batting cages, playground, lighted multi- purpose fields, and basketball court;
Buck Gully- Hiking trails;
Buffalo Hills Park - Basketball court, baseball/ softball diamond, volleyball court, multi- purpose fields;
Carroll Beek Community Center and Balboa Island Park - Basketball court, tot playground and community center;
Civic Center Park -- Scenic view, dog park, art sculptures, cactus garden, civic green, walking trails, and community room,
Coastal Peak Park - Two multi -purpose fields, playground, two picnic pavilions, batting cages and basketball court;
Community Youth Center and Grant Howald Park - Basketball court, tennis courts, playground, community center, lighted multi -purpose field; Eastbluff Park - Baseball diamond, multi -purpose field, playground, and view of the Back Bay;
Harbor View Nature Park - Natural vegetation area;
Lincoln Athletic Center - Lighted baseball and multi -purpose fields; Marina Park - Community center, four sailing centers, picnic area, playground, basketball courts and fitness course;
Mariners Park - Multi -purpose room, baseball/softball facilities, racquetball courts, lighted tennis courts, multi -purpose fields, and playground area; Newport Aquatic Center - Rowing, canoeing, kayaking, paddle boarding facility; Newport Coast Community Center - Gymnasium, multi -purpose facility with classrooms and outdoor pickleball courts;
Newport Theater Arts Center - Ninety seat community theater; 4 24-1174
North Star Beach - Public hand launch facility;
OASIS Senior Center - Multi -purpose senior facility with classrooms, large multi -purpose room, and fitness center;
Peninsula Park and Newport Junior Guard Center - Beach sited multi -purpose field, playground, community center, picnic and barbecue facilities, multi -purpose field and gazebo;
San Joaquin Hills Park - Tennis courts, petanque courts, lawn bowling facility; San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball court and playground;
Sunset Ridge Park - Baseball field, soccer fields, butterfly garden, scenic view and playground;
West Newport Community Center -- Gymnasium; and
West Newport Park - Tennis courts, racquetball courts, basketball court, and three playgrounds.
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NEWPORT THEATRE ARTS CENTER
Background
The Newport Theatre Arts Center (Theatre) has been the site of community theatre productions since 1979.
The Friends of the Newport Theatre Arts Center (Friends), a non-profit public benefit corporation, have, since 1980, managed the Theatre and offered first class theatrical productions and shows using dedicated volunteers from the community. The Friends have presented at least four productions a year, have funded their program through ticket sales and donations from the private sector, and have used excess funds to purchase theatrical equipment. The plays and shows presented by the Friends are affordable to all economic segments of this community and offer residents a unique opportunity to attend or participate in theatrical productions. The Friends represent the epitome of "cormunity theatre" — a volunteer effort using principally non -equity performers that is self -funded and offers performers of all skill levels an opportunity to develop their talents.
Management/Primary Use
The City Council has, pursuant to a written management agreement, appointed the Friends as the primary user and manager of the Theatre in recognition of their dedication, skill and effort over the years. The City Council is aware that the consistent presentation of first class community theatre requires extensive pre- production use of the venue for rehearsal, set construction and related activities. The City Council has determined that the community theatre program offered by the Friends requires exclusive use of the Theatre for continuous and extended periods of time throughout the year and from year to year.
As manager, the Friends are required to make the Theatre available, and to supervise its use, by other groups or organizations selected by the City (Third Party/Third Parties) for stage plays or artistic events during no less than two (2) two -week periods each year (Reserved Periods). The Friends are also required to allow and supervise use by residents and local business owners for short meetings or events of limited duration.
The City Council expects the Friends, in supervising the use of the Theatre by any Third Party, to serve as a resource, if called upon, to facilitate the efforts of community groups authorized by City to present stage plays at the Theatre.
Reserved Periods
The City, through the Recreation & Senior Services Director, is responsible for selecting the Third Party/Third Parties that will be permitted to use the Theatre to present stage plays or other artistic productions during the Reserved Periods. Third Party use of the Theatre shall be granted pursuant to a special event permit and facility reservation permit. In selecting among applicants, preference shall be given to public benefit non-profit corporations in good standing that have received a tax exempt determination pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of very few venues in the area that is capable of accommodating live stage performances, preference shall be given to an applicant seeking permission to use the Theatre for live theatrical performances presented during at least one entire Reserved Period. The City shall use the following criteria in selecting among qualified applicants that have submitted timely applications requesting use of the Theatre at the same time during all or a portion of any Reserved Period:
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A. Previous experience in presenting live stage productions of a magnitude similar to that proposed in the application;
B. Firm commitments from technical, artistic and support staff capable of producing a live stage play; C. The extent to which Newport Beach residents are involved in the production; D. The extent to which the production involves or generates educational opportunities for youth; E. Whether the applicant has secured the rights to produce the play and the extent to which the applicant can demonstrate the ability to pay required fees and charges.
F. The potential for recurring use by the applicant.
In the event that no application is submitted and approved by the City authorizing presentation of a live theatrical performance during any Reserved Period, preference shall be given to the applicant who first submits a timely application to present a cultural or artistic event that is consistent with the historical usage of the Theatre.
The Recreation & Senior Services Director is authorized to meet and confer with applicants who have submitted conflicting requests in an effort to determine if the applicants are willing to modify the requests to avoid the conflict. The Recreation & Senior Services Director is also authorized to partially grant or modify any application to eliminate conflict or to preserve use of the Theatre for the City or for other purposes.
While the Recreation & Senior Services Director will generally determine Third Party use of the Theatre pursuant to the application process,however, the City Council may, upon a determination that a requesting group substantially complies with the selection criteria in A — F and at a noticed public meeting, authorize Third Party use of the Theatre for multiple or consecutive Reserved Periods subject only to execution of the required permit.
Procedures
A. Subject to the provisions of Subsection B, any individual, group or organization requesting permission to use the Theatre during all or a portion of any Reserved Period, or for any event that requires a special event permit pursuant to Chapter 11.03 of the Newport Beach Municipal Code (applicant) shall file an application for a permit. The application shall be filed with the Recreation & Senior Services Department no less than 45 days prior to the first date of the Reserved Period during which applicant proposes to use the Theatre and shall be accompanied by the fee established by resolution of the City Council. The application shall be submitted on forms provided by the Recreation & Senior Services Department, all requested information shall be provided and an individual authorized to bind the applicant shall sign the application. The applicant shall clearly specify the requested dates and times for use of the Theatre and describe, in detail, the production to be presented as well as the technical, artistic and support personnel to be involved in the production.
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B. In the event that the City Council has authorized use of the Theatre by a Third Party pursuant to the provisions of the "Reserved Periods" section, the Third Party shall submit the information required by Subsection A within fifteen days after the action by the City Council but is not otherwise required to comply with the procedures specified Subsection A.
Conditions
All use of the Theatre shall be subject to strict compliance with this Policy, the application submitted, the "House Rules" (Exhibit A) and the terms and conditions of the Special Event Permit and License Agreement (Permit). The House rules and the Permit shall be provided to the applicant when the application is filed. In addition, each Permittee shall strictly comply with the following conditions:
A. ° The Theatre shall not be used, or open for use, by any person before 9:00 a.m. or after 11:30 p.m. on any day.
B. The Permittee shall take all reasonable steps to ensure that all users respect nearby residents by minimizing noise, parking and other impacts.
C. The Permittee shall use the property, the Theater and the Theatre Equipment with due care and in a manner that avoids any damage, any injury to any person, and minimizes wear and tear.
D. The Permittee shall comply with all applicable laws and shall take all reasonable steps to ensure that guests and invitees also comply with all applicable laws.
E. The Permittee shall fully and immediately comply with all requests of the Recreation & Senior Services Director, Park Patrol Officers, and the Chief of Police or their employees.
Fees
Use of the Theatre by any Third Party shall be subject to the payment of fees to the City for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and Operator Fees are as specified in the Fee Schedule (Exhibit B). The Recreation & Senior Services Director shall collect, and remit to the Friends, any Equipment Fees and/or Operator Fees. Users shall pay Property Fee and 50% of the estimated Equipment and Operator Fees a minimum of one week (7 calendar days) prior to the event.
[Attachment - Exhibit A]
[Attachment - Exhibit B]
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CM
History
Adopted I-18 —
7-27-1981
Amended I- IS
10-22-1984
Amended 1-18
— 11-28-1988
Amended 1-18
— 10-22-1990
Amended I-18
—1-24-1994 (changed to 1-6)
Amended I-6 —
5-22-2001
Amended I-6 —
4-8-2003 (changed to B-6)
Amended B-6
-- 9-13-2005
Amended B-6
— 10-10-2006
Amended B-6
— 11-14-2023
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EXHIBIT A
HOUSE RULES
The following rules apply to all use of the Newport Theatre Arts Center (Theatre) by any Third Party using the Theatre.
A. THEATRE USE
The right to use the Theatre includes only the main theater consisting of the 90 seat auditorium and stage, "green room", entry lobby and public restrooms, box office area, two downstairs dressing rooms and bathroom, all access ways, parking area and exterior grounds. In no event shall Permittee use any office equipment or telephones owned by the Friends of the Newport Theatre Arts Center (Manager), the kitchen/office maintained by the (Manager), backstage workroom, or costume, prop and set storage rooms. Use of these areas is non-exclusive and Manager's agents may also occupy the designated areas provided they do not interfere with Permittee's use of the Theatre or the production. Only technical personnel approved by the Manager are allowed to enter the tech booth.
B. MANAGERS PROPERTY/EQUIPMENT
Permittee shall not use Manager's tools, costumes, props, or sets. Permittee may use the telephone provided by the City.
C. SUPERVISION
Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage Manager or House Manager designated by the Manager.
D. MARQUEE
Permittee is to provide information for marquee to Manager. The marquee will be available to Permittee only during the Use Period.
E. CLEANING
The carpeted areas and seats in the Theatre must be completely covered by Permittee during any set construction, painting or other work on the stage or in the auditorium area to protect those facilities against dust and damage. At the conclusion of the Use Period, Permittee shall return all facilities and equipment to the condition immediately prior to use by Permittee.
F. SOUND MONITORS
The sound monitors are permanently located and Permittee shall not move or relocate the monitors.
G. FOOD BEVERAGES
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Food or drink is permitted only in the lobby. No food or drink may be taken into the auditorium.
Permittee shall consult with Manager, and receive Manager's approval, prior to any sale or distribution of food or beverages on or from the Theatre.
H. BOX OFFICE PERSONNEL
Permittee shall provide box office personnel as well as tickets and/or reservation services. Permittee shall also provide any security or admission personnel. Manager may be able to supply box office personnel if Permittee makes a timely request and pays required fees.
I. DECORATIONS
Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects or helium balloons on the property. Permittee shall obtain Manager's approval of a decorating plan prior to installing any decorations.
DRESSING ROOMS
The dressing rooms are reserved for the use of the actors and stage personnel. In no event shall the dressing rooms be used for entertainment of guests or the storage of equipment. Smoking and alcohol are prohibited in dressing rooms.
K. RIGHTS AND ROYALTIES
Permittee shall provide evidence that they have applied for the rights to stage, at the Theatre, the production described in the application for permit and that all required royalties and rentals have been paid. In no event shall Permittee be allowed access to the Theatre without providing proof of rights and royalties. Permittee shall not film or reproduce any production unless and until Permittee provides evidence that publisher or owner of the performance rights has given express permission to do so.
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FEE SCHEDULE
FEES CHARGED ARE IN ACCORDANCE WITH THE
MASTER FEE SCHEDULE WHICH IS ANNUALLY ADJUSTED BY
RESOLUTION OF THE CITY COUNCIL
A. Lighting Designer to hang, focus and program lights. -or-
Lighting Technician who will program existing hanging lights only and operate lights for shows per hour with 3 hour minimum.
B. Sound Designer to place sound equipment in locations, adjust microphones and program equipment, etc.
C. Additional technicians to operate lights and/or sound equipment during performance per hour with 3 hour minimum.
D. Stage Manager who will monitor backstage activities and assist with matters involving use of stage and curtain only — per hour with 3 hour minimum.
E. House Manager who will monitor front of house, direct ushers and assist with matters involving front of house only — per hour with 3 hour minimum.
F. Ushers — per usher per show, from 30 minutes before performance through intermission.
G. Lamp and lighting equipment use, including dimmer packs, computers, light board, hanging fixtures, lamps and gels — per hour or part of hour, including programming time, as well as running time for show. Rate to be different per hour if both lighting and sound equipment are used.
H. Permittee reimburse the City for all charges or costs associated with services requested by Permittee.
No charge for use of small piano other than tuning charge if user wants piano tuned. Small piano moving and replacement to original location to be done by Permittee.
I. Property Fee is charged per day of use.
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SPECIAL EVENT PERMIT REQUEST PROCESSING
Purpose
To set forth City policy concerning administration and control of special events. Special events include activities as defined in Chapter 11.03 of Title 11 of the Newport Beach Municipal Code. Requests that include activities for which the Municipal Code requires a permit to be obtained may be included in the special event permit process.
Policy
It is the policy of the City Council to ensure that the numerous special event activities permitted by the City do not negatively affect the community, that requests for permits are efficiently processed by staff, that City liability is eliminated, that all appropriate insurance requirements are met, and that costs for municipal services provided are kept at a reasonable level and recovered from the event sponsors. Affected City departments shall be notified of special event permit requests in accordance with the schedule attached and provide recommendations on how to conduct the event safely, lawfully and with a minimum negative impact on the community.
It is the responsibility of the Recreation and Senior Services Director to coordinate the administration of special events and to be the central contact point for residents or other event sponsors, as well as the various City Departments having influence or control over aspects of any given event. Requests for special event permit applications will be received by a special event supervisor in the Recreation and Senior Services Department and routinely routed to appropriate departments for investigation. Each department will investigate the proposed event and make a recommendation for approval or denial of the event. If recommended for approval, recommended conditions for approval will also be presented.
Events that include the following activities or aspects shall be additionally reviewed by the departments indicated:
Activity
Fireworks
Tents and Canopies
Requests on the Harbor
Reviewing Department
Fire Department
Police Department
City Manager
Fire Department
Building Division
Harbor Department
Orange County Sheriff s Harbor Patrol Bureau
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Activity
Requests on the Balboa Pier
Requests on McFadden Plaza
Requests on the Newport Pier
Requests on Public Beaches
Requests in a Public Park
Requests to Deviate from Use Permit
Requests at a Commercial Location
Signs and Banners on Private Property
Signs and Banners on Public Property
Amplified Sound at a Commercial Location
Amplified Sound at a Residential Location
Temporary Street or Sidewalk Closures
Sidewalk Sales
Use of Public Property
Public Food Service
Use of Back Bay Drive
Reviewing Department
Public Works Department
Public Works Department
Public Works Department
Harbor Department
Public Works Department
Fire Department
Recreation and Senior Services Department
Public Works Department
Community Development Department
Community Development Department
Community Development Department
Public Works Department
Community Development Department
Police Department
Police Department
Revenue Division
Public Works Department
Public Works Department
Community Development Department
Human Resources Department
Orange County Health Care Agency
California Department of Fish and Wildlife
Public Works Department
County of Orange
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If each department reviewing a special event permit application recommends approval of issuance of the permit, a permit will be issued to the applicant listing the conditions provided by each department. The City Council may authorize approval of any request for special event permit when:
A. Required by Municipal Code.
B. When a Level 3 Special Event Permit has been denied and the applicant chooses to appeal the denial.
Residency Requirements
For purposes of this City Council Policy, there are two types of special event permit applicants: (1) a business or organization; or (2) a natural person. The determination between the two types of applicants is determined by who is financially and legally responsible for all components of the event, including permitting, providing liability insurance, attending meetings, conducting event correspondence with the City, and paying all event related fees as well as retaining the profits generated by the event. For purposes of this City Council Policy and for special event permit fees, a "resident" is defined as:
A business or organization which owns or leases property within the City and is registered, incorporated or conducts its business from the owned or leased property within the City; or
2. A person that lives permanently or on a long-term basis in the City.
Post Office Boxes do not qualify a business, organization, or individual for residency status under this City Council Policy or special event permit fees.
History
Adopted 1-7 — 1-24-1994
Amended I-7 — 2-24-1997
Amended 1-7 5-8-2001
Amended I-7 — 4-8-2003 (changed to B-7)
Amended B-7 — 4-13-2004
Amended B-7
— 9-13-2005
Amended B-7
— 8-11-2009
Amended B-7 --
5-12-2015
Amended B-7
— 8-8-2017
Amended B-7
—11-14-2023
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BIKE. FOOT RACE AND SURF CONTEST EVENT POLICY
The purpose of this policy regarding the use of City Public Property and beaches for conducting bicycle events, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle events, running events, surf contests or events and similar athletic contests/events shall be required to secure a Special Event Permit, comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events, walking events and other athletic contests/events using City public property shall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year.
The person or entity primarily responsible for administering the event must prove their ability to pay for all required City safety and maintenance services prior to issuance of any permit. Proof of ability to pay for these services shall be in the form of a cash deposit, bond, or similar instrument. The permittee shall, prior to the event, provide the City with evidence of insurance, with the City named as an additionally insured, with minimum coverage of one (1) million dollars per occurrence unless the City Risk Manager determines that due to the circumstances surrounding the event, more insurance coverage is necessary.
No permit shall be issued for any race, running event, surf contest or athletic contest/event which is sponsored or financially supported by a tobacco or alcohol company and no alcohol or tobacco shall be permitted to be dispensed or available in the event there are participants under the age of 21. Nor will any signage promoting alcohol or tobacco company be allowed to be displayed at the contest/event.
As stewards of public access to the coast it is the City's policy to keep the beaches open to the general public and not permit exclusive use or events unless sponsored or organized by the City. Surf, surf -related and sandcastle contests are the only events permitted using City beaches and shall not be conducted during Memorial Day weekend or summer (June 15 - September 15).
Surf Contests and League Competitions
No more than eight (8) surf or surf related commercial events and/or events determined to need a Special Event Permit shall be permitted on or near the beach during any calendar year and events shall be scheduled at least three (3) weeks apart. All Surf competitions, no matter what the size, are required to register with the Recreation & Senior Services Department a minimum of one month prior to the scheduled event in order to receive approval for use of the requested location and event dates.
Non-commercial, low impact surf contests put on by non-profit groups and/or local schools can apply for event approval by completing a Surf Contest/Activity Registration Form. There is no fee for registration of a surf contest, only for the Special Event Permit, if needed. All responsible parties must be able to provide upon request proof of a valid registration approval during the hours of the surf contest. Only non-profit groups will be considered.
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Surf contest permits will be granted for specific dates only. No more than one surf contest will be scheduled per day. Surf contest permits do not allow for the exclusive use of the ocean or contest area and are always subject to blackball rules and regulations. There can only be a maximum of six (6) commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests.
Local surf league competitions are required to submit a Contest/Activity Registration Form a minimum of one month prior to the scheduled match. Schools are to coordinate and agree to league competition dates prior to submittal collectively by June I each year to be considered for priority. League competitions are limited up to two (2) pre -season and five (5) league "home" competition events, with one home league competition per week per school. Up to seven (7) total per school per year.
No more than two surf league competitions per week will be considered, with emphasis placed on coordinating schedules to hold one per week when possible. If two surf league competitions are scheduled in the same week, they must be at different locations on the beach. Schools shall make every effort to coordinate alternating home league competitions to achieve this. League competitions are limited to the morning hours of 6:30-8:30 a.m. and shall not be conducted during Memorial Day weekend or summer (June 15 -September 15).
History
Adopted I-21 — 2-14-1983
Amended I-21 — 11-14-1983
Amended I-21
— 9-22-1986
Amended I-21
— 1-24-1994 (changed to I-8)
Amended I-8 —
7-25-2000
Amended I-8 —
4-8-2003 (changed to B-8)
Amended B-8
— 4-13-2004
Amended B-8
9-13- 2005
Amended B-8
— 9-27-2011
Amended B-8
—11-14-2023
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USE PRIORITIES AND FEES FOR MARIAN BERGESON AQUATIC CENTER The Marian Bergeson Aquatic Center (MBAC) is a 50 meter pool complex located on the Corona del Mar High School campus. The Newport -Mesa Unified School District (NMUSD), as the legal owner of the property, has entered into an agreement with the City of Newport Beach (CITY) to allow public use of the facility after official school use. This agreement has resulted due to the significant contribution to the pool construction by the City.
Purpose of Use
The foregoing facilities and equipment therein shall be used for activities which are recreational, social or civic in character, and offer services of interest or need to the community.
Procedure
Any group desiring to use the MBAC shall make application on forms provided by the Recreation & Senior Services Department (Department) and shall provide such additional information as may be required by the Department to assure compliance with priorities. Applicants may be required to satisfy the Department that activities will be conducted in an orderly manner and that such person(s) or groups are financially able to respond to damages arising therefrom. Prior to the use of any facility, the application must have been approved by the Recreation & Senior Services Director or a designated representative.
Schedule
The City and the NMUSD establishes the use of the aquatic center as follows:
Pool Use Criteria (As Dictated by School District -City Agreement) School Year
A. 6:00 A.M. - 3:00 P.M.
B. 3:00 P.M. - 6:00 P.M.
C. 6:00 P.M. - 9:00 P.M.
Holidays, Summer Vacation, Saturdays
A. 6:00 A.M. - 9:00 A.M.
B. 9:00 A.M. - 9:00 P.M.
District use only.
Joint use City/District wlDistrict as first priority.
City exclusive use.
Joint scheduling w/City priority.
City exclusive use.
1 Sundays
A. 6:00 A.M. - 9:00 P.M. Joint City/District.
(Use includes showers, restrooms and ancillary facilities.) A. All official Department/City initiated and/or conducted activities.
B. All official Department co -sponsored groups and/or activities. The aforementioned are community groups and activities which are nonprofit, self-governing, privately organized of a recreational nature may be brought under the sponsorship of the Department by application.
C. Official School District sponsored programs and activities.
D. Official public agency sponsored programs and activities not included in the above categories.
E. Recreational, social or civic activities and/or groups (resident) promoted and sponsored by local nonprofit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents.
F. Recreational, social or civic activities and/or groups (nonresident) promoted and sponsored by nonprofit organizations which are open to the public, not qualifying under Priority No. E.
G. Private resident and nonresident use.
H. Commercial or profit making groups.
Specifications for MBA Users
A. Determining factors of priority shall include, but not be limited to, the number of City residents on the playing teams, recognized seasonal sports, and past contributions to facilities by sponsoring groups. This policy shall not be exclusionary to any group. Staff has the right to revoke a permit for specific times if the facility is not being used.
B. Recognized seasonal sports shall be determined where at all possible one year in advance. All non -seasonal sports shall be accommodated, but scheduled secondarily to seasonal sports. Special tournaments/regional playoffs, even if off-season, shall be accommodated whenever possible.
Applicable fees will be charged to the hosted group. Special events shall be applied for at least six months in advance and not more than 12 months in advance.
C. Staff will coordinate and chair meetings as necessary to determine equitable use of available athletic facilities. Groups not satisfied with the results of this procedure can appeal the staff determinations to the Parks, Beaches and Recreation Commission.
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D. The MBAC may be closed for periodic maintenance and renovation at a time determined by NMUSD staff to be least disruptive to all parties.
E. Any group claiming nonprofit status is required to submit, at the request of staff, proof of non-profit status by submitting their Internal Revenue Service 501 c(3) letter and a current IRS 990 Form.
Membership and meetings or activities must be open to the public. Fees, donations or admissions charged by the group must be limited to essential expenses of the group. The group treasurer will be required to submit a financial report following each activity when any of the above is collected.
Fees and Deposits
A. The fees charged for use of the MBAC are in accordance with the Master Fee Schedule which is annually adjusted by resolution of the City Council.
B. The intent of these fees shall be that the MBAC be operated in accordance with Municipal Code Section 3.36 Cost Recovery For User Services.
C. The NMUSD may require a custodial fee from groups to clean and maintain the facility both during and after a rental.
History
Adopted I-24 —
6-25-1990
Amended I-24 --
1-24-1994 (changed to 1-11)
Amended I -I I
— 4-8-2003 (changed to B-10)
Amended B-10
— 9-13-2005
Amended B-10
— 5-12-2015
Amended B-10
— 8-8-2017
Amended B-10
11-14-2023
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B-13
PUBLIC USE OF CITY FACILITIES
Put pose
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community rooms and swimming pools, are available to the public for civic, social, educational, athletic, cultural activities and limited commercial use. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate groups that wish to use City facilities.
Procedure
A. Applications to use City facilities must be made on forms provided by the Recreation and Senior Services Department (Department). Applicants must provide all information as may be required by the Department to assure compliance with the requirements and regulations of this Policy.
B. Applicants will be required to provide a security deposit in an amount that will promote use of the Recreation and Senior Services facilities in an orderly manner without damage to the facilities.
Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or additional cleanup is required.
C. Applicants will be required to acknowledge that neither the City nor the Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Recreation and Senior Services Director or designated representative.
D. Approval or denial of a reservation request will be provided within five working days of receipt of a completed application.
E. Reservations for use of Department facilities may be made up to six months in advance, but no later than ten working days before the event with the exception of park reservations which may be made no later than five working days before the event.
F. The City is not liable for any and all accidental injury to any and all persons or loss or damage to group or individual property. When it is deemed to be in the best interest of the general public, the City will require the permittee to furnish a Certificate of Insurance naming the City of Newport Beach as an additional insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance.
G. A Facility Use Permit shall not be transferred, assigned or sublet. All Facility Use Permits will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled.
H. The reservation request and rental agreement must be completed and signed by an adult age 21 and over who will attend, supervise and be responsible for the entire event or activities. Proof of residency is required at the time of application in order to receive the resident rate. Proof of non- profit status is required at the time of application in order to receive the non-profit rate. 24-1191
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I. A Facility Use Permit which authorizes the rental of facilities may be revoked for violation of any rental policies.
Regulations and Restrictions
All uses of Department facilities will be subject to the following regulations and restrictions:
A. Use of Alcohol.
1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic Center Community Room (CCCR), Newport Beach Junior Guard Center, and Marina Park when done in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services Director will require the permittee to pay City costs to provide additional security when alcohol is served.
2. The use of alcoholic beverages is by written permission only and must be requested at the time the facility use request is submitted. The Department reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and these guidelines. "Alcohol use" means the presence of any beverage that contains any amount of alcohol.
3. Alcohol is not allowed when an event is designated for minors such as school age award programs, birthday parties and/or receptions.
4. When alcohol is served, there shall be a minimum of two security guards present at the facility at all times. The guards must arrive 30 minutes before guest arrival time and remain until the contract end time. One guard must be positioned at the entrance of the event and one guard positioned in the event area. The parking lot must be monitored every 30 minutes.
The security guards shall have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the applicant's security deposit. The applicant will be billed for any costs exceeding the security deposit.
5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the sole responsibility of the organization or individual renting the facility.
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6. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the ABC. Any organization using City facilities shall be solely responsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the Department or to a minor the Police will be notified and the event will be terminated and all fees and deposits will be forfeited. &. The City shall require the applicant to carry general liability insurance when alcohol is available, but not sold. The City shall require a full liquor liability premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be borne by the applicant.
B. Smoking is prohibited in and on all City property including restrooms and within 100 feet of a park, park facility or beach.
C. For all indoor facility rentals involving youth, 17 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the Department.
E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, is submitted with the rental application.
F. Facilities and equipment are to be left in the same condition as they were prior to the rental. The permittee is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the permittee to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall insure that no disorderly or illegal conduct shall be allowed in any facility.
H. The use of public address equipment will be limited to that provided by the facility, unless written approval has been secured by the Department through a Special Event Permit.
I. Private groups wishing to collect fees, donations or admission charges, or those using the facility to market a product, give a presentation, or advertise their business, will be considered commercial users.
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J. The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at any time.
L. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas Day, Easter, Presidents' Day, Independence Day, Labor Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veterans Day.
M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Department and all applicable City, State and Federal laws, rules and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces.
Overnight parking is not allowed.
O. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised throughout the facility.
P. When no alcohol is served but the group size is 200 or more, one security guard may be required, at the discretion of the Department Director.
Q. Policies and guidelines regarding caterers shall be adhered to.
R. All professional services utilized for events require a City of Newport Beach business license and liability insurance listing the City as additionally insured.
S. Animals are not permitted within City Facilities with the exception of service animals. However, this provision shall not apply to activities or programs of the Recreation and Senior Services Department.
Fee Classif cations —Priorities of Use
Permission for use of City facilities shall be granted on a first come first served basis, subject to the following priorities:
A. All official Department initiated and/or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B-5 and B-10.
B. All official City of Newport Beach activities.
C. All official City co -sponsored groups and/or activities such as community groups and activities which are non-profit, self-governing, privately organized and of an educational nature which may be brought under the sponsorship of the Department.
D. Official public agency sponsored programs and activities not included in A, B, and C above. 4 24-1194
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E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50% or more of membership consisting of Newport Beach residents.
G. Recreational, social or civic activities of groups which are resident promoted and sponsored by local non-profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not open to the public. (private parties)
Recreational, social or civic activities and/or groups which are non-resident promoted and sponsored by non-profit organizations which are open to the public, but not qualifying under D above.
Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non-profit.
K. Others.
* Non-profit status is defined as an organization that is so defined by the Internal Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically adjusted and approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance and replacement costs for application and scheduling and maintenance of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the deposit may be retained by the Department after inspection of the facility by the Recreation and Senior Services Director or a designated representative and a determination that the facility has not been left clean and/or in good repair.
B. A separate additional cleaning fee may be charged for rental of the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, and Marina Park Community Center.
C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events co -sponsored by the City of Newport Beach or its departments, with the exception of direct costs.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, and Marina Park may occur seventy-two hours prior to the scheduled use of facilities without forfciting fees collected by the City, with exception of a City service refund processing fee.
Cancellations with less than seventy-two hour notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible.
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E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, and Marina Park that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy-two hour notice will be charged the entire rental fee.
History
Adopted I-5 — 11-22-1962 ("Use Priorities and Fees")
Amended I-5 —
3-9-1970
Reaffirmed I-5
— 2-14-1972
Adopted G-4
5-13-1974 ("Use of City Facilities")
Amended I-5 —
5-28-1974
Amended I-5 —
2-13-1978
Amended G-4 and I-5 — 10-10-1978
Amended I-5 —
2-12-1979
Amended I-5 —
5-14-1979
Amended I-5 —
8-28-1979
Amended 1-5 —
11-26-1979
Amended G-4 and 1-5 — 2-9-1981
Amended I-5 —
11-23-1981
Amended I-5
10-12-1982
Amended I-5 —
10-25-1982
Amended G-4 and 1-5 — 4-23-1984
Amended I-5—11-28-1988
Amended I-5
11-27-1989
Amended I-5
3-25-1991
Adopted I-25 —
5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5) Amended 1-25
— 5-8-2001
Amended I-25
— 4-23-2002
Amended I-25
— 4-8-2003
Amended I-25
7-22-2003 (changed to B-13)
Amended B-13
— 9-13-2005
Amended B-13
— 10-10-2006
Amended B-13
— 8-11-2009
Amended B-13
— 5-14-2013
Amended B-13
5-12-2015
Amended B-13
8-8-2017
Amended B-13
— 11-14-2023
6 24-1196
B-14
TEMPORARY SIGNS WITH SPONSORSHIP RECOGNITION
IN CITY PARKS AND BEACHES
Temporary signs which recognize sponsorship of City sponsored or co -sponsored sports programs may be posted in a City park or beach when the signage complies with the criteria set forth in this policy. The Recreation and Senior Services Director will require that sponsorship signs meet the following guidelines and that any other approvals which may be required are obtained:
A. The signage must relate to a program sponsored or co -sponsored by the City of Newport Beach.
B. The signage must:
Not exceed twenty-four (24) square feet in size;
2. Be posted in a location not visible from public streets and pre -approved by the Recreation and Senior Services Department;
Be posted only during their designated priority season for that sports group;
4. Be aesthetically appealing, with consideration for the surrounding area as determined by the Recreation and Senior Services Director.
C. No signage related to alcohol or tobacco is permitted.
D. The applicant is responsible for placement and removal of signage and for storage, damage, theft, or loss of any sign posted.
History
Adopted I-26 --
9-14-1998
Amended I-26
— 4-8-2003 (changed to B-14)
Amended 13-14
— 4-13-2004
Amended B-14
— 9-13-2005
Amended B-14
— 8-11-2009
Amended B-14
11-14-2023
24-1197
MAXIMIZING PUBLIC ACCESS TO CITY PARKS
The purpose of this policy is to maximize access for the general public to the parks of the City of Newport Beach. As steward of the coastal parks and beaches, the City Council establishes the following guidelines for reserved use of those City parks in high traffic areas:
A. Reservations for the use of Inspiration Point, Peninsula Park, and Lookout Point shall be permitted only during the non -peak tourist season, specifically the period after the Labor Day weekend in September to, but not including, Memorial Day weekend in May.
B. Groups of more than 20 attendees or participants may not reserve the following view parks at any time:
John Wayne Park
Galaxy View Park
Inspiration Point
Lookout Point
Sunset View Park
C. Reservations for use of City park areas can only be made through the City, with payment fees established by resolution of the City Council,
D. The Park Patrol Program undertakes the program of educating the public on the rules and regulations for use of all City parks, especially those of high use and during the peak summer season.
E. Exceptions to this policy shall only be the Corona del Mar 5K Race, and for events at Galaxy View Park approved through the Special Event Permit process.
History
Adopted 1-28 —
2-26-2002
Amended 1-28 —
4-8-2003 (changed to 13-16)
Amended B-16
— 4-13-2004
Amended B-16
— 5-12-2015
Amended B-16
— 8-8-2017
Amended B-16
— 11-14-2023
24-1198
B-17
PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS
Purpose
The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community, and the need to establish a fair, equitable, and uniform procedure by which gifts maybe donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and sustainability of maintenance. Each donation considered for inclusion in the City's parks and streets system will be subject to established limitations and guidelines for each particular area.
Policy
A. Acceptance of Donations
1. Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation.
2. Criteria for evaluation includes consideration of any initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation for a minimum of 10 years, and the community benefit to be derived from the donation.
After 10 years, or at the end of the donated item's useful life, the donated item may be removed or replaced by the City.
3. The cost of a tangible donation shall also include a maintenance fee equal to 50% of the estimated 10-year maintenance cost of the donated item, paid for in full by the donor at the time of the donation, and at renewal if the donor elects to renew the donation as part of the first right of refusal process, per section G. This maintenance fee is in addition the cost and installation of the donated item.
B. Types of Donations
Donations may only be received in the form of a check. Restricted donations are those donations that the donor specifies for a particular City location or purpose. Unrestricted donations are those donations that are given to the City for unspecified use.
1. Trees
Donations for trees add beauty to City parks and facilities. Donations for trees may be used to install a tree or trees at parks recommended by the Deputy Public Works Director, Municipal Operations and approved by the Parks, Beaches and Recreation Commission.
Depending on availability, the minimum cost of tree donations must be equal to the price of a 48" boxed container plus maintenance costs, unless waived by the Commission. Tree donations are limited to specific species that match the landscape in park locations. 1 24-1199
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2. Benches
Donations for a bench will be used to install a bench in different areas including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with the assistance of Public Works Department staff, shall designate the type, style, design, and placement of City -owned benches on City property.
a. An inventory of designated benches and available bench locations will be maintained by the City.
b. Donation requests must be submitted to the Public Works - Municipal Operations Division and meet the following requirements:
Bench donations along a city street, beachfront or other public right of way will require the approval of the Deputy Public Works Director. ii. Donations for a bench within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. iii. Donations for a bench to be located at a park or facility within a residential community will require notification of residents and any established homeowners association or common interest development, when applicable, within 300 feet of the proposed location for placement. iv. Donations for three types of benches, and any exception to the following, must be approved by the Parks, Beaches and Recreation Commission. Donors can choose from the following:
1) Huntington Beach Style - Standard Concrete Park Bench; 2) Victoria Style - Backless Standard Concrete Park Bench; or 3) Infinity Style - Standard Park Bench with metal legs and composite bench slats. Comes in standard or backless.
3. Park, Public Improvement, and Street Amenities
Donations for other amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and/or around public buildings, streets, walkways, and trails may be offered to the City.
a. Donations for other amenities will be identified and approved by City Staff. 2 24-1200
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b. Donation of funds for public amenities valued at or below the amount set forth in City Council Policy F-3 may be accepted by the City Manager.
C. Donation of funds for public amenities valued at the amount set forth in City Council Policy F-3, and above, requires City Council approval.
d. Donations of funds for public amenities to be installed on public sidewalks shall meet the criteria described in Policy L-fi Encroachments in Public Rights -of -Way and be approved by the Public Works Director.
C. Naming Rights
Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75% of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City Council for acceptance of the donation and the name to be applied to the project in keeping with City Council Policy B-9 - Naming of City Parks & Facilities.
D. Sponsorships
Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event banners and signage. Signs and literature at all such special events is at the discretion of the appropriate Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and/or names should not be displayed in a manner that would, in any way, suggest the endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B-3 and B-S.
E. Right to Decline
The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to not be in the best interest of the City.
F. Special Privileges
Making a donation or co -sponsoring a special event does not entitle a sponsor/donor to any special privileges other than those stated in this policy such as recognition or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate.
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B-17
G. Timeliness
All donations are limited to a period of 10 years or until the end of the useful life of the item. After 10 years, or the end of the useful life of the item, whichever comes first, reasonable effort will be made to contact the original donor (City will attempt to make contact for no more than 30 days if donor is unable to be reached) for a right of first refusal to keep the donation in their name. If denied, or the donor is unable to be reached, the location may become available for a new donation.
H. Acknowledgements
Letter of acceptance of donation will be sent to the donor.
2. In some cases, recognition of donations may be given at Commission or Council Meetings.
3. A donor will receive a certificate of acknowledgement for the donation and their name will be placed on the GIS Donation map, with coordinates of the location of their donation.
4. Donations are not eligible for donation plaques, however the donor will be provided with a certificate acknowledging the donation and the location of the donated item.
History
Adopted I-15 — 7-22-1991 ("Park Improvement Donations") Amended I-15—1-24-1994 (changed to G-5)
Amended G-5 — 6-27-1994
Amended G-5 - 6-24-1996
Adopted 13-17 5-9-2006 ("Park, Facilities, and Recreation Program Donations", and incorporating G-5) Amended B-17 — 2-24-2009
Amended 13-17
— 6-26-2012
Amended B-17
— 8-8-2017
Amended 13-17
— 9-10-2019
Amended B-17
11-14-2023
24-1202
G-1
RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES
Goal of Policy
To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resources. To require that in approving any tree removal or reforestation request, the Parks, Beaches and Recreation Commission ("Commission") shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest. To educate the public of the protections of the City's Urban Forest and guide, in a user-friendly way, the mechanisms in place for tree replacements.
Purpose
The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care, trimming, root pruning, maintenance, and programined replacement are necessary to preserve this charm while at the same time protecting public views consistent with City Council Policy G-3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest.
The City classifies public trees in one of three categories: Special City Trees, Problem City Trees, and Standard City Trees.
I. SPECIAL CITY TREES
It is the City's policy to retain Special City Trees ("Special Trees") categorized as Landmark, Dedicated, or Neighborhood trees, because they have historical significance, and/or contribute to, and give character to, a location or to an entire neighborhood. Landmark, Dedicated, and Neighborhood trees are identified by species in Exhibit A and shall hereinafter be collectively referred to as Special Trees. Trees within these three categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff proposes modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval.
Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species.
Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations.
Updates will be made annually to the City tree inventory system that correspond to the amended B-17 Policy: Parks, Facilities, and Recreation Program Donations. Exhibit A of this Policy will be updated annually to reflect updates.
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Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area.
All Special Trees shall be retained unless there are overriding problems which will require their removal such as death, disease, interference with infrastructure, or the creation of a hazardous situation. Prior to considering the removal of any Special Tree(s), the Public Works Deputy Director, or designee, shall prepare a Tree Inspection Report, with a Tree Risk Assessment, identifying and implementing specific mitigation measures to retain the tree(s). For Landmark Tree(s), the Tree Risk Assessment shall include Level 3 Testing: Advanced Techniques to confirm the presence of any potential risks, unless waived by the City Council in advance. Where Tree Risk Assessment and Level 3 Testing: Advanced Techniques are required, the full costs of such testing and associated report will be the sole responsibility of the applicant. If the specific mitigation measures are unsuccessful or impractical in retaining a tree(s), then a full staff report shall be made to the Commission before any further action considering removal is taken. The reports shall also be provided to the Councilperson of the district in which the Special Tree is located. Prior to any removal of Special Tree(s), the City must comply with the noticing and appeal provisions set forth in Section IV.A (Removal of Special City Trees), unless a Special Tree is considered so hazardous as to necessitate an emergency removal. In the case of emergency removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree.
Long term, most trees reach maturity and decline, and will be replaced one -for -one with the same species or the closest equivalent wherever possible. An alternate species may be recommended by Staff if the same species is unavailable and will be subject to approval by the Commission.
During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special Tree's roots are to be pruned, one side should be pruned at minimum two years in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and/or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that these measures are practical, costs are reasonable, and that they comply with Americans with Disabilities Act (ADA) standards. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist.
Special Trees may be considered for removal in conjunction with a City Council -approved beautification project utilizing the Removal of City Trees procedures as noted in Section W.A. of this Policy.
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11. PROBLEM CITY TREES
A Problem City Tree ("Problem Tree") is defined as a tree that by virtue of its species is known to cause excessive hardscape or utility damage due to its excessive root system. The following trees are defined as Problem Trees:
• Ficus nitida (Indian Laurel Fig)
• Ficus rubiginosa (Rusty Leaf Fig)
• Ficus benjamina (Weeping Fig)
• Fraxinus uhdei (Shamel Ash)
• Cupaniopsis anacardioides (Carrotwood)
• Liquidambar styraciflua (American Sweet Gum)
• Schinus terebinthifolius (Brazilian Pepper)
Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of City Council Policy G-6 unless they are Special Trees.
Problem Trees that are not designated Special Trees may be removed for the following reasons:
A. The Problem Tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant documented private property damage (greater than $1,000.00) may be sufficient criterion for tree removal; or B. The Problem Tree has had a repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures.
Problem Trees may be proposed for removal by either staff or private property owners. The City Arborist has the authority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under the above criteria without special approval of the Commission. Replacement trees of a minimum 36-inch box size shall be planted if funding, availability, and growth space permits.
Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, if applicable, and the Councilperson of the district where the removal is proposed, of the intent to remove a Problem Tree. 3 24-1205
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The decision by the City Arborist to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees under the above criteria on a monthly basis to the Commission. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability, and growth space, except for Category C (view).
III. STANDARD CITY TREES
A City tree which is located on City real property (parkways, parks, other City -owned property) and not designated as a Special or Problem Tree is designated as a Standard City Tree ("Standard Tree").
It is the City's policy to retain Standard Trees unless removal is necessary for one of the following reasons:
A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from City tree roots and causes significant public or private property damage (greater than S 1,000.00) may be sufficient criterion for tree removal; or B. The City tree has had a repeated history of significant interference with street or sidewalk drainage; or
C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the City Arborist and found to have deceased.
Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery. Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The City Arborist will perform a Level 2: Basic, Tree Risk Assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to mitigate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Landscape Manager for evaluation. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the emergency removal of a hazardous tree without further approvals; or D. The tree(s) have been requested to be removed in conjunction with a City Council -approved City, commercial, neighborhood, or homeowners association beautification program; or 4 24-1206
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E. The tree(s) have been requested to be removed in conjunction with a commercial or residential project. Approval will only be granted if the City tree unreasonably impedes the planned construction. In these cases, the applicant will coordinate and assume all costs for the removal and replacement. Replacements will be a minimum of 36-inch box size, but larger sizes may be required at the Landscape Manager's discretion; or F. The City Manager, upon the advice of the Public Works Deputy Director, City Attorney, Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues.
IV. REMOVAL OF CITY TREES
A flowchart detailing tree removal procedures is available on the Public Work's website:
www.newportbeachca . gov/govemment/dgpartments/public-works/municipal-operations The initiation to remove City tree(s) may be made by the staff of the Public Works Department, a homeowners association, or a private property owner by submitting an application to the City Arborist, utilizing the City Tree Removal form available on the Public Works website:
www.newportbeachca . gov/govemment/departments/public-works/municipal-operations The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis, as funding, availability, and growth space permits. Replacement trees will be a minimum of a 36-inch boxed size. If 36-inch boxed trees are not available or if funding or space constraints prevent planting of a 36-inch boxed tree, then the largest tree available for the space available will be planted. The full costs of removal and replacement of all City Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to upgrade to a box size larger than a 36-inch box as a replacement (if available), then the resident will be responsible for the difference in price.
A. Removal of Special City Trees
• Special Trees, other than Landmark Trees, may be considered for removal under the same criteria as Standard Trees in Section III if a full staff report, prepared by the Public Works Deputy Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree.
• Removal of a Special Tree(s) is initiated by submitting an application utilizing the City Tree Removal form.
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• After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal outlined in Section 111. The City Arborist shall determine whether in his/her judgment additional specific mitigation measures can be initiated to retain the tree provided the costs are reasonable.
• Private property owners, residential communities, neighborhoods, or business organizations who apply for a Special Tree removal(s) must submit a petition signed by a minimum of 60% of City of Newport Beach property owners within a radius of 500 feet from the location of the proposed tree removal. The petition content must be approved and dated by City staff prior to distribution by the applicant. The staff - approved petition must be distributed by the applicant to all private property owners within the 500-foot radius. Signatures by non -property owners are not acceptable for petition purposes, and there may be no more than one signature per property. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition.
• Private property owners represented by a homeowners association with mandatory membership and within the 500-foot radius must, instead of the above petition procedure, submit a petition through their association. The association shall submit a resolution of the Board of Directors formally requesting a Special Tree removal(s) with a statement that all members of the homeowners association affected have been officially notified and given an appropriate opportunity to respond before the Board voted on the request.
The City Arborist shall also provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant's property, and the appropriate homeowners association if applicable (not applicable to the emergency removal of hazardous trees under Section I (Special Trees)).
• Once a recommendation is made by the City Arborist and the Landscape Manager to the Public Works Deputy Director or designee and the Deputy Director concurs, then the applicant, and private property owners within a 500-foot radius of the tree location, and a homeowners association if applicable, shall be notified via postcard of the recommendation at least 30 days before the Commission meeting. The postcard will include the date, time, and location of the Commission meeting and a City contact number. A homeowners association is responsible for notification of all association members pursuant to their established procedure. • An 8" x 5" placard will be posted on the Special Tree(s) considered for removal at least 30 days before the Commission meeting. The placard will include the following information. the date of its posting, the date, time and location of the Commission meeting, and a City contact number.
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• The Public Works Deputy Director, or a designee, shall prepare a full staff report for a regularly scheduled Commission meeting of all trees recommended for removal, except for the emergency removal of hazardous trees in Section I (Special City Trees) of this Policy.
Following Commission approval for removal of a Special Tree(s), the tree(s) will be posted with a new 8" x 5" placard at least 30 days prior to the removal notifying the public that they have the right to appeal. The placard shall also note a Staff contact number and a date on which it was posted.
• Any appeal to the Council regarding a Commission tree decision must be received by the Public Works Deputy Director no later than 30 calendar days following the date of the above reposting after the Commission decision. The Public Works Deputy Director will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal.
• The full costs of removal and replacement of a Special Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s).
B. Removal of Problem City Trees
• Problem Trees may be proposed for removal by either City staff, a homeowners association, or private property owners by written application utilizing the City Tree Removal form. The City Arborist has the authority to remove Problem Trees. • If there are no removal criteria other than it being a Problem Tree species, then no more than 50 Problem Trees may be removed per year by staff without special approval of the Commission.
• If there are no removal criteria other than it being a Problem Tree species, then no more than one of three problem parkway trees in a continuous row may be removed in a one-year period unless part of a reforestation approved by the Commission.
Replacement trees of a 36" boxed size shall be planted if funding, availability, and growth space permits.
• Staff is responsible for providing advance written notification, as applicable, to the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove or retain a Problem Tree.
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• Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Problem Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the removal of dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal.
• The decision by the Landscape Manager to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission.
• The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant.
C. Removal of Standard City Trees
• The initiation to remove a Standard Tree(s) may be made by the staff of the Public Works Department, a homeowners association, or a private property owner by submitting an application to the Landscape Manager, utilizing the City Tree Removal form.
• After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal as outlined in the above Section III (Standard City Trees). The City Arborist shall determine whether in his/her judgment additional specific mitigation can be initiated to retain the tree provided the costs are reasonable. • Once a recommendation is made by the City Arborist to the Landscape Manager, or designee, and the Manager agrees with the recommendation, the City may remove the tree(s). The authority to remove Standard Trees rests with the Landscape Manager.
• Staff is responsible for providing advance written notification, as applicable, to the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove or retain a Standard Tree.
• Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Standard Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal.
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• Any appeal to the Commission regarding a tree decision must be received by the Public Works Deputy Director no later than 14 calendar days following the date of posting or notice of intent. The Public Works Deputy Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon an appeal.
• The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available, or funding or space constraints prevent planting of a 36-inch box tree, then the largest tree available for the space available will be planted. If resident/applicant desires to upgrade to a 48-inch boxed tree or larger, the resident/applicant will be responsible for the difference in price. • The full costs of removal and replacement of a Standard Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or desires to upgrade to box size larger than 36-inch planted as a replacement, then the applicant will be responsible for the difference in price.
V. REFORESTATION OF CITY TREES
A. Description of Reforestation
Reforestation is defined as the concept of systematically replacing Problem or Standard Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create; or those which have reached their full life and are declining in health; or are simply the wrong species of trees for the planted location.
It is recognized and acknowledged that many City trees were planted years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk, or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the age and height of the trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or may represent a safety hazard. The City Street Tree Designation List and the City Parkway Tree Designation List attached to City Council Policy G-6 reflect an effort by the City to designate appropriate tree species that will not cause future problems.
The City understands the importance of trees and the beauty they bring to a community, and desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees one for one with the appropriate street tree.
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B. Application for Reforestation
Reforestation requests shall be made by submitting an application to the Landscape Manager for consideration by the Commission. Requests shall comply with the following requirements:
• The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other geographical information.
• Submission of a petition signed by the owners of a minimum of 60% of the properties within a radius of 500 feet from the location of the proposed reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. Signatures by non -property owners shall be invalid and only one signature per property shall be counted towards the 60% threshold. The 60% threshold is based on the number of properties, not the number of property owners. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition.
• Private property owners who are mandatory members of a homeowners association must submit reforestation requests through their association. The request shall include a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the homeowners association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. The homeowners association is responsible for notification of the outcome of the Board's vote to all association members, pursuant to their established procedure.
• The requestnr agrees, in writing, to pay 100% of the costs of the removal and replacement of the public trec(s) in advance of any removal activity. The actual removal and replacement work will be performed by a City contractor coordinated by the Public Works Department, Municipal Operations Division. The total costs for removal and replacement work shall include only the contractor's costs and be paid in advance of any removal actions.
C. Action Upon Application
• Petitions that are submitted more than 90 days past the date stamped by staff before distribution shall be invalid and the request shall not be forwarded to the Commission for consideration. The Landscape Manager may extend this timeframe at his or her discretion.
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City staff shall post the tree(s) proposed for reforestation with an 8" x 5" placard at least 14 calendar days prior to the scheduled Commission meeting. The placard will include the date it was posted, the date, time and location of the Commission meeting and a City contact number.
For requests from a homeowners association: City staff shall notify private property owners within a 500-foot radius of the tree(s) requested for reforestation via postcard at least 14 calendar days prior to the Commission meeting. The postcard will include the date, time and location of the Commission meeting and a City contact number.
In hearing reforestation requests, the Commission may consider any and all relevant circumstances, including but not limited to the following:
o Health or overall condition of the tree(s)
o Degree of verifiable public or private property damage from the tree(s) o Degree of verifiable view impairment from the tree(s) o If the tree species is a Problem City Tree (Section II) o The level of community support and/or opposition
o The value of the existing tree(s) versus the value of the replacement tree(s) o Whether the tree species is inappropriate for the location or does not conform to the current treescape
o Efforts made to ensure adequate notification
The decision of the Commission shall be final unless called up by a Councilmember.
D. Reforestation Work
The replacement tree(s) shall be an appropriate tree(s) that meets the criteria of the City's Street Tree Designation List or the City Parkway Tree Designation List as identified in City Council Policy G-6, or the requestor must obtain approval from the Commission of the designation of a different tree species other than the designated street tree, or an appropriate species based on the City Tree Designation Lists.
There shall be a minimum of a one -for -one replacement of all trees. Replacement trees shall be a minimum size of 36-inch boxed trees, unless the parkway space will not accommodate a 36-inch boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G-6. Per the Landscape Manager's discretion, a larger sized box tree may be planted if it is replacing a tree of significant size or value in the City's inventory and ample planting space is available. If there is not room for the replacement tree(s) at a specific site as designated by City Council Policy G-6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the requestor.
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The requestor shall be responsible for the watering and fertilizing of replacement trees to ensure their proper growth and development as outlined in City Council Policy G-6. Section 13,09,030 of the Municipal Code also requires property owners to water and fertilize parkway trees adjacent to their property.
VI. TREE MAINTENANCE
The City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs in accordance with City Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any person from tampering with City trees.
VII. ENCROACHMENT AND DEMOLITION PERMITS
All encroachment permits (permits for private property development which are proposed to install improvements in the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and/or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline). If the proposed development requires the removal of City trees (that are not dead, dying or in decline), the property owner must submit a tree removal form to the Landscape Manager, pay for all related tree removal and one -for -one replacement costs, and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and
13.09, or any successor policies or sections. Approval or disapproval of all tree removal/ replacement requests associated with encroachment and demolition permits will be the responsibility of the Public Works Deputy Director or a designee.
VIII. TREE TRIMMING STANDARDS
The City Council has adopted tree trimming cycles for trees of different ages and species. Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). In those communities with a homeowners association, periodic tree trimming with an emphasis on crown reduction or vista trimming will be considered by the City Arborist upon written request by the association.
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IX. SUPPLEMENTAL TREE TRIMMING
The City will consider requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/distance standards, or other public purposes) which are submitted by affected private property owners or the board of a homeowners association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full payment for the requested tree trimming. However, since these practices often require 'topping' or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when supplemental tree trimming is impractical or infeasible as determined by the City Arborist.
The Landscape Manager shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active homeowners association, approval must be obtained from a legally established association by the requestor of supplemental tree trimming if the requested trimming is to be undertaken within the association boundaries. [Attachment - Exhibit A Special City Trees]
History
Adopted 1-9 - 5-9-1966
Reaffirmed 1-9 - 8-30-1966
Amended 1-9 - 8-14-1967
Reaffirmed 1-9-11-12-1968
Reaffirmed 1-9 - 3-9-1970
Reaffirmed 1-9 - 2-14-1972
Amended 1-9-11-9-1976
Amended 1-9-11-12-1985
Amended 1-9-11-28-1988
Amended 1-9 - 3-14-1994 (changed to G-1)
Amended G-1 - 4-11-1994
Amended G-1 - 2-26-1996
Amended G-1 - 7-14-1997
Amended G-1 (Administratively)-11-24-1997
Amended G-1
- 8-10-1998
Amended G- I
-1-25-1999
Amended G-1
- 2-22-2000
Amended G-1
- 4-23-2002
Amended G-1
-4-27-2004
Amended G-1
-10-11-2011
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Amended G-1 - 9-8-2015
Amended G-1 - 8-8-2017
Amended G-1 - 2-9-2021
Amended G-1 - 5-9-2023
Amended G-1 — 11-14-2023
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LANDMARK
TREES
DEDICATED
TREES
EXHIBIT A
SPECIAL CITY TREES
Balboa Boulevard Median
Balboa Library
Balboa Library
Bob Henry Park
Castaways Park
Lido Hotel Site
Dover Drive east of Irvine Avenue
Dover Drive at Westcliff
John Wayne Park
Lido Isle Medians
Main Street
Marine Avenue (Balboa Island)
Ocean Blvd. Corona del Mar
Wedge Area
West Jetty View Park
(near Historical Marker)
Westcliff & Dover (Groves) Bike Trail
Araucaria heterophylla (1)
Eucalyptus globulus (3)
Phoenix canariensis (1)
Ficus rubiginosa (1)
Phoenix canariensis (1)
Ficus microcarpa'Nitida' (2)
Erythrina caffra (1)
Liquidambar styraciflua (4)
Erythrina caffra (1)
Pinus pinea (4)
Ficus microcarpa 'Nitida' (1)
Eucalyptus (Various Species) (47)
Phoeeix canariensis (5)
Myoporum laetum (2)
Phoenix canariensis (2)
Eucalyptus globulus (49)
Bayside Park
Pyrus calleryana
(Newport -Irvine Rotary Club)
Bayview Park
Cinnamomum camphora
(Gene Atherton)
Bayview Park
Cassia leptophylla
(Thomas Edward Mansfield and Owen Thomas Vatter)
Begonia Park
Bauhiniablakeana
(Dr. Leo V. Turgeon)
Begonia Park
Prunus cerasifera
(Cheryl Bailey Ringwald)
Bob Henry Park
Ficus rubiginosa
(Bob Henry)
Bonita Canyon Sports Park
Melaluca linariifolia
(Elaine Linhoff)
(Fern Pirkle)
Buffalo Hills Park
Erythrina caffra
(Bahia Community Earth Day Celebration)
Buffalo Hills Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Castaways Park
Pinus torreyana
(Kevin Murphy)
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(Mary Louise Romine)
Castaways Park
Platanus racemosa
(Joe Clarkson)
(Michael F. Gustin)
(Arthur Grant Kidman Junior)
(Grover Stephens, PH.D.)
(Arthur C. Wahlstedt, Jr.)
(John D. Woodruff)
Castaways Park
Quercus agrifolia
(Nancy Bergeson)
(Logan David Burley)
(Sawyer Dean Burley)
(Sawyer Dean Burley)
(Bob & Susan Caustin)
(Joe Clarkson)
(Yen Chu Kuo)
(Ryan Lemmon)
(Virginia Najera)
(Eva Victoria Najera)
(David Rapp)
(Nancy & Jack Skinner)
(Staycee Stone)
(Jason Stradtman)
(Robert T. Talbot)
(Jan Vandersloot)
(Jean Watt)
Castaways Park
Quercus kelloggii
(Gregory Courteau)
Cliff Drive Park
Bauhinia blakeana
(Susan Benz)
Cliff Drive Park
Cassia leptophylla
(Francis P. Hemenway)
Cliff Drive Park
Quercus agrifolia
(Gary Lovell)
(Dr. Vandersloot)
Coastal Peak Park
Quercus agrifolia
(Jared Romine)
Eastbluff Park
Hymenosporum flavum
(Lucy Huntsman)
Eastbluff Park
Ficus macrophylla
(Billy Covert)
Galaxy View Park
Cupaniopsis anacardioides
(Trey Hunter)
Galaxy View Park
Metrosideros excelsa
(Dylan Ayres)
Galaxy View Park
Cassia leptophylla
(Virgina Herberts)
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Grant Howald Park
Cassia leptophylla
(Jean & Coalson Morris)
Grant Howald Park
Hymenosporum flavum
(Skipper Mark Howes)
Grant Howald Park
Metrosideros excelsus
(Mark Munro)
(Pete Munro)
Grant Howald Park
Spathodea campanulata
(Cara Lee)
Irvine Terrace Park
Platanus racemose
(Beckett Glyer)
Irvine Terrace Park
Platanus racemosa
(U.S. Bicentennial Freedom Tree)
Irvine Terrace Park
Pinus pinia
(Calif. Bicentennial)
Irvine Terrace Park
Liquidambar styraciflua
(Dana Harmon)
Irvine Terrace Park
Pinus nigra
(Sister City of Okazaki)
L Street Park
Cassia leptophylla
(Tim Van Ostenbridge)
Las Arenas Park
Melaleuca linarifolia
(Ed Healy)
M Street median
Pinus pinea
(Walter Knott)
Mariners Park
Bauhinia variegata
(Sierra Beth)
Mariners Park
Cedrus deodara
(Dr. Anthony & Madeline DeCarbo)
Mariners Park
Pinus halepensis
(Isy Pease)
Mariners Park
Pinus eldarica
(Christopher & Marisha Thomposn)
(Meghan & Camielle Thompson)
Mariners Park
Pinus radiata
(Frank Tallman)
Mariners Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Mariners Park
Magnolia `Little Gem'
(Graci Lee Henry)
Mariners Park
Bauhinia variegata
(Susana Lee Niederhaus)
No. Mariners Park
Pinus radiata
(Marcie Schrauder)
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Newport Pier/ 20 Street Bike Path
Chamaerops humilis
(Marie "Maxine" Louchis)
Old School Park
Bauhinia variegata
(Mary Jo Tyler)
Old School Park
Cassia leptophylla
(Jean & Coalson Morris)
Peninsula Park
Chamaerops humilis
(Gray Lunde Tree)
Peninsula Park
Ravenea rivularis
(Don Perdue)
San Miguel Park
Schinus molle
(Jon Walters)
Spyglass Hill Park
Acacia baileyana
(Dennis George Brice)
(Edith Mary Brice)
Veterans Park
Lagenstroemia indica fauriei
(Rosemary Rae Hill Hansen)
WCH & Superior Ave City Parking Lot
Cassia leptophylla
(Louise Greeley)
West Newport Park
Erythrina caffra
(Russell Marc Beaumont)
(Jeff Steven Reinker)
West Newport Park
Spathodea campanulata
(Brownie Girl Scout Troop 2072)
Various locations: Castaways Park and
Quercus agrifolia
Cliff Drive Park slopes
(Dr. Jan David Vandersloot & Family)
NEIGHBORHOOD
TREES Along Avon Avenue
Eucalyptus globules (8)
Buena Vista and Lindo Avenue
Erythrina caffra (1)
Candlestick Lane (Baycrest)
Eucalyptus citriodora (17)
Clay Street
Ficus micro c arpa 'Nitida'(21)
(Irvine Ave to St. Andrews Road)
Cliff Drive
Agathus robusta (4)
(north side, west of Dover Drive)
Cliff Drive Park
Ficus benjamina (1)
(Scout House)
Commodore Road
Eucalyptus citriodora (2)
Corona del Mar State Beach
Washingtonia robusta (74)
601 Dover Drive
Eucalyptus ficifolia (1)
Dover Drive
Eucalyptus globulus
(Mariners to Irvine)
Eastbluff Park
Ficus macrophylla (6)
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Glenwood Lane
Goldenrod Avenue
(Ocean Blvd to Fifth Ave)
Heliotrope Avenue
(Corona del Mar)
Irvine Avenue
(171h St. to Dover)
Irvine Avenue
(171h St. to Dover)
128 Kings Road
128 Kings Road
L Street Park
Leeward Lane
M Street Park
Margaret Drive Median
Marguerite Avenue
(Ocean Blvd to Fifth Ave)
Mariners Drive
Newport Center Drive
Poppy Avenue
(Corona del Mar)
Rhine Wharf Park
Along Riverside Avenue
(adjacent to Cliff Drive Park)
725 St. James Road
Sandalwood Lane
Santa Ana Avenue
Seaview Avenue
(Corona del Mar)
Shorecliffs Entrance
Starlight Circle
Via Lido Bridge
Vista Del Oro Median
Waterfront Drive
(Avocado Ave to Acacia Ave)
West Newport Park
Eucalyptus citriodora (10)
Washingtonia robusta (144)
Pinus radiata (2)
Phoenix dactylifera (Date palm) (30)
Spathodea campanulate
(African tulip) (39)
Roystonea regia (1)
Pseudobombax ellipticum (1)
Quercus suber (39)
Fraxinus uhdei "Tomlinson" (39)
Pinus pinea (1)
Erythrina caffra (1)
Phoenix canariensis (79)
Jacaranda mimosifolia (52)
Washingtonia robusta (363)
Eucalyptus rudis (40)
Archontophoenix
cunninghamiana (12)
Schinus terebinthefolius (11)
Eucalyptus ficifolia (1)
Eucalyptus citriodora (3)
Eucalyptus robusta (38)
Pinus radiata (5)
Erythrina caffra (40)
Eucalyptus citriodora (10)
Eucalyptus globulus (14)
Erythrina caffra (6)
Schinus molle (16)
Metrosideros excelsus(55)
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MAINTENANCE AND PLANTING OF PARKWAY TREES
The City Council is vitally interested in beautification of City parkways. Public cooperation in helping to develop and maintain healthy and attractive parkway trees is encouraged.
I. MAINTENANCE OF PARKWAY TREES
The Public Works Department will trim the parkway trees on a rotation schedule. An effort will be made to trim the parkway trees on less than a three-year cycle. More frequent trimming will be performed on approved trees and in approved view areas. Public safety issues such as low branches and heavy foliage will be given priority over view -type trimming. An effort will be made to trim parkway trees located in heavy summer traffic areas during the fall and winter months. Annual trimming of certain species of trees prone to wind damage will be done prior to the winter season.
Il. TREE DESIGNATION LISTS
The City Council has adopted an official street tree list, the Street Tree Designation List (Exhibit A), which will be used by the Public Works Department, Municipal Operations Division, to determine species for replacement of trees removed from established parkways and for planning purposes in all new subdivisions and commercial developments. A second list, the Parkway Tree Designation List (Exhibit B), has been added as a species palette for residents to choose approved, new and replacement, trees based on the size of parkway available for planting. The Eastbluff Community Association has its own City approved street tree list (Exhibit Q.
The Public Works Deputy Director, or designee, will have the authority to add species to the Street and Parkway Tree Designation Lists, which will be updated on an as -needed basis by the Public Works Department staff and reviewed by the Parks, Beaches and Recreation Commission ("Commission") for approval before adoption by the City Council.
IIl. STANDARDS AND SPECIFICATIONS FOR PLANTING PARKWAY TREES This Section is intended for planting parkway trees related to new construction, in accordance with City Code 13.09.010.
General Requirements
72-hour notification shall be given to the Public Works Department staff by permittees prior to the initial installation of parkway trees for approval of species, material quality, and planting supervision. Inspection requests by permittees shall be scheduled 24-hours in advance using the Public Works inspection request line or via the City website as required.
2. Position of parkway trees is subject to approval by the Public Works Department. Municipal Operations Division, and any tree not properly placed will be relocated by permittees at no 24-1222
Mrs
cost to the City. In the interest of public safety, unless an exception is granted by the City Arborist, trees shall be planted not less than:
• 15 feet back of beginning of curb returns at intersections. • 10 feet from lamp standards.
• 10 feet from fire hydrants.
• 5 feet from service walks or driveways.
• 10 feet from meters and sewers.
• 25 feet from stop signs.
3. Trees shall be a minimum container size of 36" size box, if growth space allows. • Condition: Plants shall be symmetrical, typical for variety and species, healthy, vigorous, free from plant disease, insect pests and shall have healthy, normal root system free from being root bound. Trees shall not be pruned nor topped prior to delivery.
• Inspection: All plant material shall be subject to inspection and approval by the Public Works Department, Municipal Operations Division staff prior to planting. The City has the right to reject any item offered in its sole and absolute discretion. • Parkway Tree Planting: Per City Standards as found in the Tree Planting Detail available on the City's website.
4. Newly planted trees shall be irrigated with an automated system tied to the property under construction.
5. GUARANTEES
• 36" boxed trees shall be guaranteed as to growth and health for a period of one year after final acceptance by the Public Works Department, Municipal Operations Division staff.
• Trees that fail to grow or are injured or damaged during planting operations shall be replaced within 15 days after notification. Replacement material shall be guaranteed to be specified as original guaranteed material.
IV. ESTABLISHED PARKWAYS
1. For all City tree planting in established parkways (not permit related), adjacent property owners and/or applicants must:
• Choose from the species listed on the Street Tree Designation List where it applies, or from the Parkway Tree Designation List for all other areas for planting new and replacement trees.
• Accept responsibility for watering and fertilizing new trees. • Contact the City Arborist by sending a written request for one or more parkway trees or questions regarding this Policy to: Attn: City Arborist, P. O. Box 1768, Newport Beach, California 92659-1768. Email is also available at 2 24-1223
2. The City will:
• Approve species, location, and spacing of tree planting. • Furnish, install, stake, and initially fertilize new trees (exception would be trees planted in accordance with City Code 13.09.010).
• Prune and spray tree as required.
• Approve type of root barriers for installation.
• Assume trimming responsibilities.
V. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/OFFICE CENTERS Parkway street trees that are removed because they are diseased or have damaged property may be replaced with the same species of trees (or a species other than the designated street tree) provided (a) the parkway street tree is located adjacent to or within an established retail commercial/office development; (b) replacement with the same species will maintain the appearance of the streetscape and/or ensure consistency with an established landscape master plan adopted by the adjoining landowner; (c) the parkway street trees have a history of little or no hardscape damage nor injury claims related to hardscape damage caused by the tree; and (d) the property owner has agreed in writing to repair or pay the cost of repair/and or replacement of hardscape or underground utilities damaged by the new trees.
[Attachment — Exhibit A]
[Attachment — Exhibit B]
[Attachment Exhibit C]
History
Adopted I-19 — 11-22-1982
Amended I-19 11-14-1983
Amended I-19
— 10-22-1990
Amended I-19
—10-22-1992
Amended I-19
—1-24-1994 (changed to G-6)
Amended G-6 —
7-23-2002
Amended G-6
4-13-2004
Amended G-6 —
8-24- 2004
Amended G-6 —
9-8-2015
Amended G-6 —
8-8-2017
Amended G-6 —
2-9-2021
Amended G-6
11-14-2023
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L-6
ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way shall be reserved for public use or open space; and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights -of -way.
For any project located within the Coastal Zone also look to Newport Beach Municipal Code Title 21, or any successor title.
Categories of encroachments and improvements are listed below, together with the permit requirement for each category.
Permit and/or encroachment agreement required.
A. Except as expressly set forth herein, permits and/or encroachment agreements are required for encroachments into the public rights -of -way.
B. Application for any permit, as required by this policy, shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof Drawings for encroachment permits requiring Planning Commission review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments.
C. If the application is for a permit required under private encroachments that are prohibited without a waiver, it shall be submitted to the Planning Commission for consideration.
The Planning Commission is designated to grant or deny a waiver and approve, conditionally approve, or deny applications for encroachment permits, subject to the findings in subsection (a), of this Section.
a. The Planning Commission may grant a waiver and may approve or conditionally approve an application for an encroachment permit if the Planning Commission finds the encroachment will not be a detriment to the health, safety, and welfare of the public.
b. If an application for a private encroachment that is prohibited without a waiver is part of a larger approval requiring City Council approval, then the Planning Commission shall make a recommendation to the City Council regarding whether this policy should be waived and the permit granted.
C. The Planning Commission shall have discretion to refer any request for a waiver or encroachment permit before the Planning Commission to the City Council for consideration.
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d. Any decision made by the Planning Commission may be appealed or called for review in accordance with Chapter 20.64.
2. Notice of the Planning Commission's review of a request to waive a provision of this policy shall be:
a. Mailed to property owners within 300 feet of the project site at least ten (10) calendar days in advance of a meeting. The notice shall contain the address of the project site, the applicant's name, a brief description of the improvements, date, time, and place of the meeting, and a statement informing the public that they have the ability to provide comments to the Planning Commission; and
b. Posted on or close to the subject property in a prominent location at least ten (10) calendar days before the scheduled hearing by the Planning Commission in the following manner:
i. One or more sign(s) shall be posted as determined by the Public Works Director.
ii. The size and location of the sign(s) shall be as determined by the Public Works Director.
iii. The applicant for the encroachment permit/waiver shall be responsible for maintaining the sign(s) in a satisfactory condition.
iv. The applicant for the encroachment permit/waiver shall remove all sign(s) at the end of the appeal period.
Private encroachments that are prohibited without a waiver and approval A. All structural encroachments including, but not limited to, fences, walls, patios, raised planters, landscaping, etc., which encroach in excess of one (I) -foot into the public right-of-way, or exceed thee (3)-feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists.
B. Driveway approaches not conforming to Council Policy L-2.
C. Modifications to original design concepts approved by the City.
D. Private signs except as provided for in the Building Code.
E. Lighting.
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F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick/ pavers installed at grade.
G. Private dwellings and appendages including raised patios decks and bay windows, except as provided for in this section and the Building Code.
H. Pay telephones and private mail carriers drop boxes.
General private encroachments that require an encroachment permit and if applicable, an encroachment agreement from the Public Works Department.
A. Drive approaches conforming to Council Policy L-2,
B. Standard sidewalks.
C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area).
D. Parkway surfacing (standard or colored/textured concrete or flat stoneibrick) installed at grade (not to exceed twenty-five percent (25%) of the parkway area).
E. CATV and public utility facilities.
F. Structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach one (1) foot or less and do not exceed three (3) feet in height within the public right- of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the item to the Planning Commission for action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited.
G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed per U.S. Postal Service requirements. Mailbox base construction length and width shall not exceed the length of the mailbox, or twenty-four (24) inches, whichever is less.
H. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least four (4) feet of clear sidewalk width and/ or pedestals shall be placed in the parkway outside of walk area.
1. When connecting to or relocating public utilities.
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Artificial Turf (permeable) up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufacturers' recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise.
The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf Material and Installation Standards.
For artificial turf grass conversions in parkways with existing City trees:
1. Pruning of City tree roots shall be prohibited unless approved and inspected by the City Arborist.
2. Irrigation must be established or retrofitted to continue to provide automated irrigation for the City tree.
3. Openings for existing or new trees will allow for a minimum of 24-inch radius around the tree's trunk. If on existing trees a 24-inch radius cannot be achieved, the artificial will be discontinuous, with area around the tree squared off to allow a minimum of 24-inches on either side.
K. Tree and shrub planting and removal.
L. Median landscaping.
If, in the opinion of the Public Works Departments, the approved planting is not being maintained for view, safety clearance and sight distance, Newport Beach Municipal Code Chapter 10.50, "Public Nuisance Abatement," or any successor statute, shall be used to remove offending plant material.
The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value shall be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal" or a minimum forty-eight (48) inch box tree replacement value.
Area specific private encroachments requiring an encroachment permit from the Public Works Departmentand subject to the execution of an encroachment agreement for non-standard improvements.
A. Structural encroachments which do not exceed three (3) feet in height measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than eight (8) feet behind the face of curbs on the following streets:
Santa Ana Avenue from Cliff Drive to Fifteenth Street.
B. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows:
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1. Planters that do not exceed one (1) foot in height may be installed between the back of existing sidewalk and property line, planted with ground cover and shrubs not to exceed two (2) feet in height measured from sidewalk elevation;
2. Fences and walls with a minimum setback of two (2) feet six (6) inches from back of sidewalk.
a. For patios constructed at grade elevation to one (1) foot above sidewalk grade elevation, fences and walls may be three (3) feet high above sidewalk grade. b. For patios constructed greater than one (1) foot above sidewalk grade elevation, fences and walls must be set back a minimum of three (3) feet from back of sidewalk, not exceed two (2) feet six (6) inches in height above the patio, have at least forty percent (40%) visibility through them, and not to exceed four (4) feet in height above existing public sidewalk grade.
3. Patios with a minimum setback of two (2) feet six (6) inches from the back of sidewalk. a. Raised Patios are permitted provided they have a maximum height of two (2) feet six (6) inches above sidewalk grade, are set back a minimum of two (2) feet six (6) inches from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of two (2) feet six (6) inches from back of sidewalk.
C. Structural encroachments which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios, and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets:
1. Southerly side of West Bay Avenue between 8th Street and 15th Street.
D. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements as approved by the Public Works Director.
E. Buena Vista Boulevard — Bay Avenue to Edgewater Avenue. The street right-of-way in this reach is ten (10) feet wide, with private property on both sides of the public way. Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City.
2. Landscaping under twenty-four (24) inches in height and park -like improvements in the remaining portion of the right-of-way shall be allowed if installed and maintained by the adjoining property owners. Private improvements such as walls, fences, gates, signs and living areas such as cabanas and other roofed structures shall not be allowed. 5 24-1229
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3. Access to existing private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions.
F. Edgewater Avenue — Buena Vista Boulevard to Island Avenue. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. bay side is improved with a privately constructed bulkhead on public property. Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City.
2. Landscaping under twenty (24) inches in height and park -like improvements in the remaining portion of the right-of-way (between the sidewalk and the bulkhead) shall be allowed if installed and maintained by the adjoining property owner. Private improvements such as fences, gates, signs, and living areas shall not be allowed.
3. Access to private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions.
G. Edgewater Avenue — Island Avenue to Alvarado Street. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a sloping beach leading to the waters of the bay. Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City.
2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor or a mooring permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. Any existing permits to encroach on the right-of-way shall be rescinded H. Edgewater Avenue — Alvarado Street to Fernando Street. The street right-of-way in this reach is fifty (50) feet wide. The bay side is improved with a sloping beach leading to the waters of the bay.
The private lots bayward of the public right-of-way are under water and within State Tidelands.
Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City.
2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions.
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Bay Front Street Ends
1. Bay front street ends at beach level may contain two (2) foot wide planting areas bounded by redwood or concrete strips and containing hedges no more than two (2) feet in height above the adjacent surface. The planting areas may be installed:
a. At each side of the prolongation of the street and extending no more than fifteen (15) feet from the end of the paved street.
b. At the end of the paved street, except that a twelve (12) foot wide opening must be left for City emergency and maintenance equipment, and pedestrians to enter the beach area.
2. Bay front street ends where tidal flow prevents standard installation may be landscaped, subject to the prior approval by the City of specific plans prepared by the applicant. Access to beach areas shall be provided for in any such specific plans.
3. Improvements shall be installed at the expense of the adjacent property owners.
4. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter.
J. Unimproved Ocean Front Street Ends
1. Improvements shall be installed at the expense of the adjacent property owners.
2. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter.
3. All work shall be installed to grades established by the Public Works Department.
4. A four (4) foot wide sidewalk shall be provided on each side of the street right-of-way adjacent to the property line.
5. A minimum of twelve (12) feet of unobstructed access to the beach in the center of the right- of-way shall be surfaced with brick, asphalt, concrete or artificial turf, or an equivalent surfacing approved by the City.
a. Portland Cement Concrete. A minimum six (6) inches over native compacted material.
b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt concrete over a six (6) inch thick aggregate.
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C. Brick. Brick installed over four inches of imported aggregate base. A dry mix of one- to-one cement and clean plaster sand to be swept into the one -quarter (1/4) to one- half (1/2) inch space between bricks. The dry mix shall be moistened with a fine spray of water after it is in place.
6. Planters five (5) feet wide shall be provided between the side and the center access along a portion of each side of the street with a heavy emphasis on drought resistant plant materials.
Plant materials shall be installed to City specifications. A six (6) inch to eighteen (18) inch high lip of concrete, brick or rock may be installed as part of the planter.
7. Special provisions shall be made in the design when garage access is required from street ends.
8. Where unusually large quantities of sand exist in a street end area, the City shall assist the adjacent owners by moving the sand to an area determined by the City.
K. Unimproved Alleys that End at the Ocean Front
I . Improvements shall be installed at the expense of the adjacent property owner.
2. All work shall be installed to grades established by the Public Works Department.
3. Landscaping of potted plants shall be permitted in the portion of the alley right-of-way that terminates at the ocean front sidewalk. A six (6) foot wide inviting passageway shall be maintained for pedestrian access.
4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick, asphalt, concrete or equivalent surfacing.
5. Improvements shall extend from the nearest street of alley improvement to the northerly line of the ocean front.
If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the application to the Planning Commission for original action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited.
The City Manager is authorized to execute, on behalf of the City, agreements for non-standard improvements, which are entered into pursuant to this section or other authorization.
Encroachments on public sidewalks
Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore, the policy of the City that public sidewalks are to provide unobstructed passage whenever possible.
Sidewalks shall be reserved for public use and the rights of the public shall not be diminished by the installation of benches, planters, bicycle racks, etc., by private entities nor by the installation of facilities by 8 24-1232
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public utilities or other public agencies. It is the policy of the City that encroaclunents on public sidewalks shall be subject to the following:
A. General
1. Permitted encroachments shall not reduce the sidewalk width available for normal pedestrian movement.
2. Pennitted encroachments may be located in areas between tree wells or other existing improvements as long as they do not interfere with pedestrian travel.
3. Permitted encroachments shall be located at least eighteen (18) inches from the curb face. In areas where vehicles do not park or otherwise extend over the sidewalk, this setback may be reduced.
4. Permitted encroachments shall not be located within thirty-six (36) inches of a parking meter or street light, nor shall they be located where they will interfere with the normal use of other facilities.
5. Encroachments shall not block access from parked cars.
6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or driveway.
7. Encroachments may not be chained or otherwise anchored to any tree, streetlight, parking meter or other property.
8. Applicant shall pay all costs for City and/or the California Department of Transportation ("CalTrans") permit processing where necessary.
9. Applicant shall pay all costs associated with the installation and maintenance of the encroachments by the City or private installer.
B. Public Benches
1. When applying the above requirements to benches, allowance shall be made for the space required for a person sitting on the bench.
2. Benches to be installed in an area where there is a theme or bench style shall conform to that theme or style.
C. Public Bicycle Racks
1. Bicycle racks shall be located to allow bicycles to extend five (5) feet from the center of the rack and comply with the above requirements.
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History
Adopted I-12 —
8-25-1969 ("Ocean Front Street -End Improvement Policy") Adopted L-6 — 8-25-1969 ("Private Encroachments in Public Rights -of -Way") Amended I-12 —
3-9-1970
Reaffirmed L-6
-- 3-9-1970
Reaffirmed L-6
— 2-8-1971
Amended L-6 —
2-14-1972
Reaffirmed I-12 — 2-14-1972
Amended I-12 —
12-10-1973
Reaffinned L-6
12-10-1973
Amended I-12 —
11-11-1974
Reaffirmed L-6
—11-11-1974
Amended L-6 —
8-1 I -1975
Adopted L-7 —
3-14-1977 ("Encroachments and Bay Access on Buena Vista Boulevard — Edgewater Avenue between Bay Avenue and Fernando Street")
Reaffirmed L-7
— 9-12-1977
Amended I-12 —
2-9-1981
Amended L-6 —
2-9-1981
Adopted L-10
8-24-1981 (incorporating I-12)
Amended L-6—11-23-1981
Amended L-10
— 11-8-1982
Amended L-6—10-27-1986
Amended L-6—1-26-1987
Amended L-6 --
7-13-1987
Amended L-6 —
2-13-1989
Amended L-6 —
844-1989
Amended L-6—
11-27-1989
Amended L-10
—11-27-1989
Amended L-6
12-9-1991
Amended L-6 —
12-14-1992
Adopted L-18 —
1-11-1993 ("Encroachments on Public Sidewalks")
Amended L-6 —
7-12-1993
Amended L-6 —
1-24-1994
Reaffirmed L-7
1-24-1994
Amended L-10
— 1-24-1994 (changed to L-8)
Amended L-18
— 1-24-1994 (changed to L-15)
Amended L-6 —
5-9-1994
Amended L-6 —
2-27-1995
Amended L-6
2-26-1996
Amended L-15
— 2-26-1996
Amended L-6 —
5-8-2001
10 24-1234
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Amended L-7
5-8-2001
Amended L-8
— 5-8-2001
Amended L-6
— 1-27-2015
Amended L-6
— 8-14-2018 (incorporating L-7, L-8, and L-15)
Amended L-6
— 11-27-2018
Amended L-6
— 12-11-2018
Amended L-6 --
11-14-2023
11 24-1235
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SIDEWALK CAFE STANDARDS AND PROCEDURES
Purpose
These standards and procedures are adopted pursuant to Municipal Code Chapter 1.3.18, and any successor chapter, to encourage appropriate outdoor activities in the public right-of-way, to ensure that the space used for outdoor dining in the public sidewalk shall serve a public purpose, to ease the process of obtaining permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.
Definitions
Sidewalk Cafe. An outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.
These regulations do not apply to outdoor dining on private property.
General Provisions
A. Encroachment Permit required. Outdoor dining on a public sidewalk may occur only pursuant to a Sidewalk Cafe License Encroachment Permit (hereinafter "Encroachment Permit").
B. Sidewalk Cafes shall be prohibited in Shared Bicycle/Pedestrian Facilities. Locations of Shared Bicycle/Pedestrian Facilities where sidewalk cafes are prohibited shall include the following:
Campus Drive — south side
Irvine Avenue — east side
Jamboree Road — west side
MacArthur Boulevard east side
Ocean Front
Riverside Avenue north side
San Joaquin Hills Road — south side
San Miguel Drive — west side
Von Karman Ave. to Jamboree Rd.
Orchard Ave. to Bristol St.
Eastbluff Dr. North to Campus Dr.
Jamboree Rd. to Campus Dr.
F St. to McFadden Place & westerly line
of Ocean Front parking lot to 36a` St.
Cliff Dr. to 150 feet north of Avon Ave.
MacArthur Blvd. to Marguerite Ave.
Port Sutton Dr. to San Joaquin Hills Rd.
San Miguel Drive — both sides
San Joaquin Hills Rd. to Avocado Ave.
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C. Encroachment Permit transfer. An Encroachment Permit may be transferred to a subsequent operator of the same establishment subject to approval by the Public Works Director and payment of an Encroachment Permit transfer fee established by resolution of the City Council. Prior to approval of the transfer the Public Works Director may modify the terms of the Encroachment Permit as deemed appropriate to protect public health, safety and welfare.
D. Zoning requirements. Outdoor dining on a public sidewalk shall be subject to the requirements provided in Municipal Code Section 20.48.090 (Eating and Drinking Establishments. An Encroachment Permit may be processed concurrently with any permits required by the Zoning Code.
E. Authority of the Public Works Director, Appeal. The location and configuration of any sidewalk cafe shall be subject to approval by the Public Works Director, who shall consider public safety issues unique to the pedestrian and vehicular needs of the specific location when reviewing Encroachment Permit applications.
F. Inspection. The Public Works Department may inspect improvements within the public right-of- way at any time without notice to the Permittee.
G. Conditions of approval. The Public Works Director shall have the authority to apply conditions to the approval of Encroachment Permits as appropriate to ensure compliance with the provisions of this policy. The following standard conditions of approval shall be included in the Encroachment Permit:
Indemnification. The Encroachment Permit shall contain a condition requiring the Permittee to defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under an Encroachment Permit, which language shall be approved by the City Attorney.
2. Insurance. The Encroachment Permit shall contain a condition requiring the Permittee to obtain and maintain insurance, which types and amounts shall be determined by the Risk Manager.
3. Encroachment Permit limitations. Issuance of the Encroachment Permit does not imply that all governmental agency requirements for starting a new restaurant or expanding an existing one have been satisfied. Business owners are responsible for securing and complying with all required licenses and permits from other agencies including the state Alcoholic Beverage Control Board, the County Health Department, and the City. Sale of alcoholic beverages in outdoor dining areas shall comply with Newport Beach Municipal Code Section 10.04.010 and Council Policy K-7 (Determination of Convenience and Necessity of Alcoholic Beverage Premises).
4. No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings for recessed sleeves) shall be installed unless expressly approved by the Public Works Director.
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5. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings adjacent to these dining areas shall maintain building egress as defined by the latest adopted editions of Title 24 of the California Code of Regulations, Disabled Access Standards.
6. Management. Restaurant management shall operate the outdoor dining areas in compliance with the terms and conditions of the Encroachment Permit and shall not delegate or assign the responsibility. The Permittee shall ensure that sidewalk cafe patrons do not disturb persons on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words, or disruptive behavior.
7. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, greases and oils, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items unless public trash receptacles located nearby are determined to be adequate by the Public Works Director. At the end of each business day, establishments are required to clean (sweep and wash) the entire sidewalk in and around the outdoor dining area (including street and gutter areas) and remove debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. Private trash receptacles shall be emptied daily.
8. Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dining area shall be prohibited and the outdoor dining furniture shall be removed from the right-of-way unless otherwise approved in the Encroachment Permit.
9. Plans and permits. All City -approved plans and permits for the outdoor dining area shall be kept on the premises for inspection at all times when the establishment is open for business.
10. Abatement. In the event that the Permittee fails to abide by the terms and conditions of the Encroachment Permit, the Public Works Director may summarily abate any prohibited improvements and the Permittee shall pay all costs incurred by the City to abate the prohibited improvements.
11. Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk.
Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California and the City.
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Application Procedure
A. An Encroachment Permit shall be required for all encroaching furniture and improvements. The application shall be filed with the Public Works Department on a form provided by the Public Works Department. The application shall be signed by the owner of the property, or his authorized agent.
Authorized agents shall submit written authorization. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. All fixed features such as tree wells, signposts, parking meters, fire hydrants, news racks, etc. within twenty (20) feet of the encroachment zone shall be depicted on the site plan.
B. Prior to issuance of the Encroachment Permit the applicant shall provide both the Certificate of Insurance and the completed standard Special Endorsement in a form meeting the approval of the Public Works Director and the City Attorney.
Term
Valid Encroachment Permits shall remain in effect until modified or revoked Sidewalk Cafe Development Standards
A. Horizontal clearance. A clear, continuous pedestrian path not less than six (6) feet in width shall be required for pedestrian circulation outside of the outdoor dining area, provided that the Public Works Director may require more than six (6) feet if necessary to protect the public safety. Areas with heavy pedestrian traffic shall be required to maintain a minimum of eight (8) feet clear width on the sidewalk. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved to City standards, between the outside boundary of the dining area and any obstruction, including but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized.
B. Allowable uses. An outdoor dining area may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor dining area.
C. Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner, a ten (10) foot setback from the corner of the building shall be maintained along both frontages.
When an outdoor dining area is located adjacent to a driveway or an alley, a five (5) foot setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining area is wider than usual or the perimeter of the building has an unusual configuration).
D. Extension to adjacent properties. Subject to approval of the Public Works Director and the limitations of Newport Beach Municipal Code Section 20.48.090(D), an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and property owner.
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Design Standards
A. Barriers.
No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of table and chairs abutting the wall of the establishment and if no alcohol shall be served.
2. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this policy and of the Alcoholic Beverage Control Board.
3. Barriers should complement the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather. Barriers must be seventy percent (70%) transparent and shop drawings showing the design must be submitted to the Public Works Department for approval upon request.
4. Barriers shall conform to the Public Works Department installation standards and be removable. Barriers and furniture shall be removed at the end of each business day unless otherwise approved by the Public Works Department. Barriers shall be designed to be sectional in nature and easily removed by no more than two people. Barriers may be anchored through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases, however, when they are removed, the resulting surface must be flush with the sidewalk.
5. The height of any barrier shall not exceed three (3) feet six (6) inches.
B. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table umbrellas may be permitted, provided they do not interfere with street trees. No portion of an awning shall be less than eight (8) feet above the sidewalk and no portion of an umbrella shall be less than seven (7) feet above the sidewalk. Awnings may extend up to five (5) feet from the building front or cover up to fifty percent (50%) of outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to installation of an awning. Heaters, electrical lighting, and/or planting shall not be attached to the awning structure.
C. Lighting. Outdoor lighting fixtures shall compliment the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit from the Building Department. Battery operated lamps or candles shall be permitted.
D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures shall compliment the architectural style and colors of the building facade and street furniture.
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E. Signs. Notwithstanding any other provision in the Newport Beach Municipal Code, signs and logos shall be permitted on umbrellas in outdoor dining areas.
F. Heaters. Portable propane heaters shall be allowed within the outdoor dining area.
G. Landscaping. Any landscaped pots or planters, if desired, shall be placed within the permitted barrier. Such planters shall be portable and not line the barrier in a continuous fashion. The height of planter and plantings shall not exceed forty-two (42) inches. Barriers and awnings shall not be planted with vines. All planters and pots shall be placed on the interior of the barrier.
Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one (1) inch between saucers and sidewalk.
Fees
A. Application fee. An application fee established by resolution of the City Council shall be paid at the time an Encroachment Permit application is submitted to the Public Works Department.
B. Transfer fee. A transfer fee established by resolution of the City Council shall be paid at the time an Encroachment Permit transfer application is submitted to the Public Works Department.
C. Annual use fee. An annual use fee established by resolution of the City Council shall be paid upon annual renewal of an Encroachment Permit. No use fee shall be charged during the first year of operation.
Violation/Remedy
The Public Works Director may revoke the Encroachment Permit at any time if it is determined that continued operation of the sidewalk cafe is detrimental to the public interest, or the Pennittee is in violation of the conditions set forth in the Encroachment Permit.
If a Permittee fails to abide by the provisions of this policy or the terms and conditions of an Encroachment Permit, the Public Works Director may summarily abate any encroachment or improvement that is in violation of this policy or the terms and conditions of an Encroachment Permit. The Permittee or property owner shall pay all costs incurred by the City in abating the encroachment or improvement.
The Permittee or property owner may appeal to the City Manager the decision of the Public Works Director to revoke an Encroachment Permit or the cost incurred to abate an encroachment/improvement, within ten (10) days of receiving notice of the revocation or demand for payment of the abatement costs. The determination of the City Manager with respect to the appeal shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ, Proc. 1094.5. 6 24-1241
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History
Adopted L-19 —
3-11-1996
Amended L-19
— 5-28-1996 (changed to L-21)
Amended L-21
— 3-22-1999
Amended L-21
4-23-2002
Amended L-21
— 8-14-2018
Amended L-21
— 11-14-2023
24-1242
ATTACHMENT G
Redline Amendments to the City
Council Policies
24-1243
City Council Policy B-1
Redlines
24-1244
PARK FEE POLICY
Purpose
The City of Newport Beach maintains an extensive park and open space system. The acquisition and development of our park and open space properties is funded, in part, through the payment of park fees paid by persons or entities who subdivide properties. The Subdivision Map Act requires park fees to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision that paid the fees. The City is required to develop a schedule specifying how, when and where the park fees will be used. The purpose of this Policy is to establish the criteria to be used in deciding which facilities serve subdivision residents and schedule whereby park fees are properly and timely committed to appropriate projects. This policy also identifies which parks serve as citywide resources.
Policy
A. Service Criteria.
The Recreation and Open Space Element of the General Plan states that community parks and view parks serve the entire City. Community parks are those with improvements such as community buildings, parking, swimming, facilities for picnicking, active sports and other facilities that serve a larger population. View parks serve as citywide resources because of their unusual beauty and view opportunities. Neighborhood parks serve all ages and include unique recreational facilities, such as basketball courts, tennis courts, turf areas, active sports fields, community buildings, unique play areas. Accordingly, park fees generated by any subdivision within the City may be used to develop new or rehabilitate existing community parks, view parks, and those neighborhood parks listed on Exhibit A.
The Recreation and Open Space Element divides the City into 12 service areas consisting of relatively discrete residential communities. These service areas were created for the purpose of determining whether particular geographical areas were deficient in terms of park and recreational facilities and to identify acquisitions or improvements which would provide residents with greater recreational opportunities. Accordingly, park fees generated by a subdivision within any service area may be used to create new, or rehabilitate, existing park or recreational facilities within that service area and as provided in the Recreation and Open Space Element. 24-1245
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B. implementation Schedule.
Park fees shall be placed in the Facilities Financial Planning Reserve Fund immediately upon receipt with a special designation as Park Fees. These funds, after special designation, shall be used solely for the acquisition or establishment of new, or the rehabilitation of existing, park, open space and recreational facilities. The park fees shall also be placed on a schedule that lists the location of the subdivision, the fees paid, the date on which the fees were paid or the date on which building permits had been issued for 1 /2 of the lots created by the subdivision (whichever occurs later), the service area within which the subdivision is located, the neighborhood park, recreation and open space facilities eligible for park fees generated by that subdivision, and the date on which the park fees must be committed to specific project of improvements. The park fees shall be used only for the park and recreation facilities identified on Attachment A and shall be utilized in accordance with the policies and standards specified in the General Plan. Designations for expenditures will be made as part of the annual budget adoption.
(Attachment - Exhibit A]
History
Adopted 1-3 —
9-20-1960 ("Park Standards")
Amended I-3
8-30-1966
Amended I-3
— 11-12-1968
Amended 1-3
— 3-9-1970
Amended 1-3
— 2-14-1972
Amended 1-3
— 12-10-1973
Amended I-3
2-25-1974
Amended 1-3
— 5-9-1977
Amended 1-3
— 6-13-1977
Adopted I-1 —
6-27-1994 ("Park Fee Policy")
Amended I-1
— 4-23-2002
Amended I-1
4-8-2003 (changed to B-1)
Amended B-1
— 4-13-2004
Amended B-1—
9-13-2005
Amended B-1
— 8-11-2009
Amended B-1
— 5-14-2013
Amended B-1
— 5-12-2015
Amended B-1
8-8-2017
Amended B-1
— 11-14-2023
24-1246
EXHIBIT A
PARK DEDICATION POLICY
PARKS GUIDE
The following view parks serve as citywide resources by reason of their unusual beauty and the view provided_:
Baek Bay View ParlE,
Bayviem, Pack
Begonia Park
f' N46 Ge for Nar.]K
Cliff D -i'ye PEff
(Yr.r..n .lol TA -A - etmta Beaae1, DnrlE
john Wayne Park
Galaxy View Park
Los Tr-anees > middle,
Castawa-ys Park
jasmine View Park
Lido rricP ark
r
Lookout Ppi4t
Penins„l P rl.
Rhine Whuf Park
Sunset View pa—r4E-
West jetty View Park
Westeli ff P rlr
Back Bay View Park
Bayyiew Park
Begonia Park
Canyon Watch
Castaways Park
Channel Place Park
Civic Center Park
Cliff Drive Park
Corona del Mar State Beach Park
Galaxy View Park
Harbor Watch
Inspiration Point
3 24-1247
Irvine Terrace Park
Jasmine View Park
John Wayne Park
Kings Road Park
Lido Park
Lookout Point
Los Trancos (lower, middle, upper)
Newport Island Park
Peninsula Park
Rhine Wharf Park
Sunset View Park
West Jetty View Park
Westcliff Park
The following Community and Neighborhood Parks serve as citywide resources by reason of the unique recreational opportunities they offer:
.
MW
24-1248
In
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playgr-ound, basketball eaufts and fitness
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1MS�/�!IRiEZlSIlTEIEL�E:Sll�R7E�S/=�flEi�_EfEIiSfE�!!*:!llt5ll:'fElE!!!s:!!!!� 16'h Street Geaununity Genter multipurpose facility with elassroom 38th Street Park - Basketball courts and la round•
Arroyo Park - Lighted multi -purpose field, basketball court, picnic areas and playground;
Big Canyon Nature Park - Hiking_trails.
Bob Henry Park - Multipurpose field, ball diamond, playground, picnic areas; Bonita Canyon Sports Park - Four youth baseball fields, one multi-purlose field, one soccer field tennis courts ickleball courts basketball court two playgrounds and connecting trail to Arroyo Park;
Bonita Creek Park and —Community c-Center - •,Batting cages, playground, lighted multi -purpose fields, and basketball court;
Buck Gully- Hiking trails;
Buffalo Hills Park - Basketball court baseballsoftball diamond volleyball court multi- purpose fields;
Carroll Beek Community Center and Balboa Island Park - Basketball court, to playground and community center;
Civic Center Park - Scenic view, dog park,art sculptures, cactus garden, civic gjeen, walking trails, and community room;
24-1250
Coastal Peak Park - Two multi -Purpose fields, playground, two picnic pavilions, batting cages and basketball court;
Community Youth Center and Grant Howald Park - Basketball court, tennis playground, community center, lighted multi -purpose field; Eastbluff Park - Baseball diamond, multi -purpose field, playground, and view of the Back Bay;
Harbor View Nature Park - Natural vegetation area;
Lincoln Athletic Center - Lighted baseball and multi -Purpose fields; Marina Park - Community center, four sailing centers, picnic area, playground, basketball courts and fitness course;
Mariners Park - Multi -purpose room, baseball/softball facilities, racquetball courts, lighted tennis courts, multi -Purpose fields, and playground area; Newport Aquatic Center - Rowing, canoeing, kayaking, paddle boarding facility Newport Coast Community Center - Gymnasium, multi -purpose facilitywith classrooms and outdoor pickleball courts;
Newport Theater Arts Center - Ninety seat community theater; North Start Beach - Public hand launch facility;
OASIS Senior Center - Multi -purpose senior facility with classrooms, large multi -purpose room, and fitness center;
Peninsula Park and Newport Junior Guard Center - Beach sited multi -purpose field, playground, community center, picnic and barbecue facilities, multi -purpose field and gazebo;
San Joaquin Hills Park - Tennis courts,pftntanquep6tanque courts, lawn bowling facility;
San Miguel Park - Ball diamond, atl-letic field, four racquetball courts, basketball court and Playground;
Sunset Ridge Park - Baseball field, soccer fields, butterfly garden, scenic view and playground;
West Newport Community Center - Gymnasium; and
24-1251
West Newport Park - Tennis courts racquetball courts basketball court and three playgrounds.
24-1252
City Council Policy B-3
Redlines
24-1253
24-1254
City Council Policy B-6
Redlines
24-1255
M
NEWPORT THEATRE ARTS CENTER
Background
The Newport Theatre Arts Center (Theatre) has been the site of community theatre productions since 1979.
The Friends of the Newport Theatre Arts Center (Friends), a non-profit public benefit corporation, have, since 1980, managed the Theatre and offered first class theatrical productions and shows using dedicated volunteers from the community. The Friends have presented at least four productions a year, have funded their program through ticket sales and donations from the private sector, and have used excess funds to purchase theatrical equipment. The plays and shows presented by the Friends are affordable to all economic segments of this community and offer residents a unique opportunity to attend or participate in theatrical productions. The Friends represent the epitome of "community theatre" — a volunteer effort using principally non -equity performers that is self -funded and offers performers of all skill levels an opportunity to develop their talents.
ManagementlPrimary Use
The City Council has, pursuant to a written management agreement, appointed the Friends as the primary user and manager of the Theatre in recognition of their dedication, skill and effort over the years. The City Council is aware that the consistent presentation of first class community theatre requires extensive pre- production use of the venue for rehearsal, set construction and related activities. The City Council has determined that the community theatre program offered by the Friends requires exclusive use of the Theatre for continuous and extended periods of time throughout the year and from year to year.
As manager, the Friends are required to make the Theatre available, and to supervise its use, by other groups or organizations selected by the City (Third Party/Third Parties) for stage plays or artistic events during no less than two (2) two -week periods each year (Reserved Periods). The Friends are also required to allow and supervise use by residents and local business owners for short meetings or events of limited duration.
The City Council expects the Friends, in supervising the use of the Theatre by any Third Party, to serve as a resource, if called upon, to facilitate the efforts of community groups authorized by City to present stage plays at the Theatre.
Reserved Periods
The City, through the Recreation & Senior Services Director, is responsible for selecting the Third Party/Third Parties that will be permitted to use the Theatre to present stage plays or other artistic productions during the Reserved Periods. Third Party use of the Theatre shall be granted pursuant to a special event permit and heense agreement (p facility reservation permit. In selecting among applicants, preference shall be given to public benefit non-profit corporations in good standing that have received a tax exempt determination pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of very few venues in the area that is capable of accommodating live stage performances, preference shall be given to an applicant seeking permission to use the Theatre for live theatrical performances presented during at least one entire Reserved Period. The City shall use the following criteria in selecting among qualified applicants that have submitted timely applications requesting use of the Theatre at the same time during all or a portion of any Reserved Period:
24-1256
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A. Previous experience in presenting live stage productions of a magnitude similar to that proposed in the application;
B. Firm commitments from technical, artistic and support staff capable of producing a live stage play; C. The extent to which Newport Beach residents are involved in the production; D. The extent to which the production involves or generates educational opportunities for youth; E. Whether the applicant has secured the rights to produce the play and the extent to which the applicant can demonstrate the ability to pay required fees and charges.
F. The potential for recurring use by the applicant.
In the event that no application is submitted and approved by the City authorizing presentation of a live theatrical performance during any Reserved Period, preference shall be given to the applicant who first submits a timely application to present a cultural or artistic event that is consistent with the historical usage of the Theatre.
The Recreation & Senior Services Director is authorized to meet and confer with applicants who have submitted conflicting requests in an effort to determine if the applicants are willing to modify the requests to avoid the conflict. The Recreation & Senior Services Director is also authorized to partially grant or modify any application to eliminate conflict or to preserve use of the Theatre for the City or for other purposes.
While the Recreation & Senior Services Director will generally determine Third Party use of the Theatre pursuant to the application process,—.44 however, the City Council may, upon a determination that a requesting group substantially complies with the selection criteria in A — F and at a noticed public meeting, authorize Third Party use of the Theatre for multiple or consecutive Reserved Periods subject only to execution of the required permit.
Procedures
A. Subject to the provisions of Subsection B, any individual, group or organization requesting permission to use the Theatre during all or a portion of any Reserved Period, or for any event that requires a special event permit pursuant to Chapter 11.03 of the Newport Beach Municipal Code (applicant) shall file an application for a permit. The application shall be filed with the Recreation & Senior Services Department no less than 45 days prior to the first date of the Reserved Period during which applicant proposes to use the Theatre and shall be accompanied by the fee established by resolution of the City Council. The application shall be submitted on forms provided by the Recreation & Senior Services Department, all requested information shall be provided and an individual authorized to bind the applicant shall sign the application. The applicant shall clearly specify the requested dates and times for use of the Theatre and describe, in detail, the production to be presented as well as the technical, artistic and support personnel to be involved in the production.
24-1257
M
B. In the event that the City Council has authorized use of the Theatre by a Third Party pursuant to the provisions of the "Reserved Periods" section, the Third Party shall submit the information required by Subsection A within fifteen days after the action by the City Council but is not otherwise required to comply with the procedures specified Subsection A.
Conditions
All use of the Theatre shall be subject to strict compliance with this Policy, the application submitted, the "House Rules" (Exhibit A) and the terms and conditions of the Special Event Permit and License Agreement (Permit). The House rules and the Permit shall be provided to the applicant when the application is filed. In addition, each Permittee shall strictly comply with the following conditions:
A. The Theatre shall not be used, or open for use, by any person before 8:00 a.m. or after 11:30 p.m. on any day.
B. The Permittee shall take all reasonable steps to ensure that all users respect nearby residents by minimizing noise, parking and other impacts.
C. The Penmittee shall use the property, the Theater and the Theatre Equipment with due care and in a manner that avoids any damage, any injury to any person, and minimizes wear and tear.
D. The Permittee shall comply with all applicable laws and shall take all reasonable steps to ensure that guests and invitees also comply with all applicable laws.
E. The Permittee shall fully and immediately comply with all requests of the Recreation & Senior Services Director, Park Patrol Officers, and the Chief of Police or their employees.
Fees
Use of the Theatre by any Third Party shall be subject to the payment of fees to the City for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and Operator Fees are as specified in the Fee Schedule (Exhibit B). The Deere., & Senior Ser-vioes Dir-ee4or- may waive all Of a peftion of the pf-apef4y Fee Upon F-equest and— A- 4-h-ewing 0 fie: The Recreation & Senior Services Director shall collect, and remit to the Friends, any Equipment Fees and/or Operator Fees. Users shall pay Property Fee and 50% of the estimated Equipment and Operator Fees a minimum of one week (7 calendar days) prior to the event. [Attachment - Exhibit A]
[Attachment - Exhibit B]
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t
History
Adopted I-18 —
7-27-1981
Amended I-18
10-22-1984
Amended 1-18
— 11-28-1988
Amended I-18
— 10-22-1990
Amended I-18
—1-24-1994 (changed to I-6)
Amended 1-6 —
5-22-2001
Amended I-6 —
4-8-2003 (changed to B-6)
Amended B-6
9-13-2005
Amended B-6
— 10-10-2006
Amended B-6
— 11-14-2023
24-1259
-
EXHIBIT A
HOUSE RULES
The following rules apply to all use of the Newport Theatre Arts Center (Theatre) by any Third Party using the Theatre.
A. THEATRE USE
The right to use the Theatre includes only the main theater consisting of the 90 seat auditorium and stage, "green room", entry lobby and public restrooms, box office area, two downstairs dressing rooms and bathroom, all access ways, parking area and exterior grounds. In no event shall Permittee use any office equipment or telephones owned by the Friends of the Newport Theatre Arts Center (Manager), the kitchen/office maintained by the (Manager), backstage workroom, or costume, prop and set storage rooms. Use of these areas is non-exclusive and Manager's agents may also occupy the designated areas provided they do not interfere with Permittee's use of the Theatre or the production. Only technical personnel approved by the Manager are allowed to enter the tech booth.
B. MANAGERS PROPERTYIEQUIPMENT
Permittee shall not use Manager's tools, costumes, props, or sets. Permittee may use the telephone provided by the City.
C. SUPERVISION
Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage Manager or House Manager designated by the Manager.
D. MARQUEE
Permittee is to provide information for marquee to Manager allowed.Theatre let ering will be The marquee will be
available to Permittee only during the Use Period.
E. CLEANING
The carpeted areas and seats in the Theatre must be completely covered by Permittee during any set construction, painting or other work on the stage or in the auditorium area to protect those facilities against dust and damage. At the conclusion of the Use Period, Permittee shall return all facilities and equipment to the condition immediately prior to use by Permittee.
F. SOUND MONITORS
The sound monitors are permanently located and Permittee shall not move or relocate the monitors. 24-1260
G. FOOD BEVERAGES
Food or drink is permitted only in the lobby. No food or drink may be taken into the auditorium.
Permittee shall consult with Manager, and receive Manager's approval, prior to any sale or distribution of food or beverages on or from the Theatre.
H. BOX OFFICE PERSONNEL
Permittee shall provide box office personnel as well as tickets and/or reservation services. Permittee shall also provide any security or admission personnel. Manager may be able to supply box office personnel if Permittee makes a timely request and pays required fees.
1. DECORATIONS
Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects or helium balloons on the property. Permittee shall obtain Manager's approval of a decorating plan prior to installing any decorations.
DRESSING ROOMS
The dressing rooms are reserved for the use of the actors and stage personnel. In no event shall the dressing rooms be used for entertainment of guests or the storage of equipment. Smoking and alcohol are prohibited in dressing rooms.
K. RIGHTS AND ROYALTIES
Permittee shall provide evidence that they have applied for the rights to stage, at the Theatre, the production described in the application for permit and that all required royalties and rentals have been paid. In no event shall Permittee be allowed access to the Theatre without providing proof of rights and royalties. Permittee shall not film or reproduce any production unless and until Permittee provides evidence that publisher or owner of the performance rights has given express permission to do so.
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M
EXHIBIT B
FEE SCHEDULE
FEES CHARGED ARE IN ACCORDANCE WITH THE
MASTER FEE SCHEDULE WHICH IS ANNUALLY ADJUSTED BY
RESOLUTION OF THE CITY COUNCIL
A. Lighting Designer to hang, focus and program lights. - or -
Lighting Technician who will program existing hanging lights only and operate lights for shows — per hour with 3 hour minimum.
B. Sound Designer to place sound equipment in locations, adjust microphones and program equipment, etc.
C. Additional technicians to operate lights and/or sound equipment during performance — per hour with 3 hour minimum.
D. Stage Manager who will monitor backstage activities and assist with matters involving use of stage and curtain only — per hour with 3 hour minimum.
E. House Manager who will monitor front of house, direct ushers and assist with matters involving front of house only — per hour with 3 hour minimum.
F. Ushers — per usher per show, from 30 minutes before performance through intermission.
G. Lamp and lighting equipment use, including dimmer packs, computers, light board, hanging fixtures, lamps and gels — per hour or part of hour, including programming time, as well as running time for show. Rate to be different per hour if both lighting and sound equipment are used.
H. Permittee reimburse the City for all charges or costs associated with services requested by Permittee.
No charge for use of small piano other than tuning charge if user wants piano tuned. Small piano moving and replacement to original location to be done by Permittee.
I. Property Fee is charged per day of use.
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City Council Policy B-7
Redlines
24-1263
C
SPECIAL EVENT PERMIT REQUEST PROCESSING
Purpose
To set forth City policy concerning administration and control of special events. Special events include activities as defined in Chapter 11.03 of Title 11 of the Newport Beach Municipal Code. Requests that include activities for which the Municipal Code requires a permit to be obtained may be included in the special event permit process.
Policy
It is the policy of the City Council to ensure that the numerous special event activities permitted by the City do not negatively affect the community, that requests for permits are efficiently processed by staff, that City liability is eliminated, that all appropriate insurance requirements are met, and that costs for municipal services provided are kept at a reasonable level and recovered from the event sponsors. Affected City departments shall be notified of special event permit requests in accordance with the schedule attached and provide recommendations on how to conduct the event safely, lawfully and with a minimum negative impact on the community.
It is the responsibility of the Recreation and Senior Services Director to coordinate the administration of special events and to be the central contact point for residents or other event sponsors, as well as the various City Departments having influence or control over aspects of any given event. Requests for special event permit applications will be received by a special event supervisor in the Recreation and Senior Services Department and routinely routed to appropriate departments for investigation. Each department will investigate the proposed event and make a recommendation for approval or denial of the event. If recommended for approval, recommended conditions for approval will also be presented.
Events that include the following activities or aspects shall be additionally reviewed by the departments indicated:
Activity
Fireworks
Tents and Canopies
Requests on the Harbor
Reviewing Department
Fire Department
Police Department
City Manager
Fire Department
Building Depa inffitDivision
Harbor Departmcnt+vi-Aon
Orange CountLSheriff s Harbor DepaftmentPatrol
RiirPan
1 24-1264
Activi
Requests on the Balboa Pier
Requests on McFadden Plaza
Requests on the Newport Pier
Requests on Public Beaches
Requests in a Public Park
Requests to Deviate from Use Permit
Requests at a Commercial Location
Signs and Banners on Private Property
Signs and Banners on Public Property
Amplified Sound at a Commercial Location
Amplified Sound at a Residential Location
Temporary Street or Sidewalk Closures
Sidewalk Sales
Use of Public Property
Public Food Service
Use of Back Bay Drive
Reviewing Department
Public Works Department
Public Works Department
Public Works Department
Harbor es Departmentivisio
Munieipal Ops ublic Works Department
Fire Department
Recreation and Senior Services Department
MeRieipal Public Works Department
Community Development Department
Community Development Department
Community Development Department
Public Works Department
Community Development Department
Police Department
Police Department
Revenue Division
Public Works Department
Public Works Department
Community Development Department
Risk M&aa.go„Human Resources Department
Orange Count�Health DepmtmentCare Agency
California Department of Fish and G&m Wildlife
Municipal Ops DepeAffiei4Pubfic Works Department
County of Orange
2 24-1265
If each department reviewing a special event permit application recommends approval of issuance of the pennit, a permit will be issued to the applicant listing the conditions provided by each department. The City Council may authorize approval of any request for special event permit when:
A. Required by Municipal Code.
B. When a Level 3 Special Event Permit has been denied and the applicant chooses to appeal the denial.
Residency Requirements
For purposes of this City Council Policy, there are two types of special event permit applicants: (1) a business or organization; or (2) a natural person. The determination between the two types of applicants is determined by who is financially and legally responsible for all components of the event, including permitting, providing liability insurance, attending meetings, conducting event correspondence with the City, and paying all event related fees as well as retaining the profits generated by the event. For purposes of this City Council Policy and for special event permit fees, a "resident" is defined as:
A business or organization which owns or leases property within the City and is registered, incorporated or conducts its business from the owned or leased property within the City; or
2. A person that lives permanently or on a long-term basis in the City.
Post Office Boxes do not qualify a business, organization, or individual for residency status under this City Council Policy or special event permit fees.
History
Adopted I-7 —
1-24-1994
Amended I-7
— 2-24-1997
Amended I-7
— 5-8-2001
Amended I-7 -- 4-8-2003 (changed to B-7)
Amended B-7 -- 4-13-2004
Amended B-7 —
9-13-2005
Amended B-7
— 8-11-2009
Amended B-7
— 5-12-2015
Amended B-7
— 8-8-2017
Amended B-7
— 11-14-2023
24-1266
City Council Policy B-8
Redlines
24-1267
r:
BIKE, FOOT RACE AND SURF CONTEST EVENT POLICY
The purpose of this policy regarding the use of City Public Property and beaches for conducting bicycle events, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle events, running events, surf contests or events and similar athletic contests/events shall be required to secure a Special Event Permit, comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events, walking events and other athletic contests/events using City public property shall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year.
The person or entity primarily responsible for administering the event must grove their ability to pay for all required City safety and maintenance services rior to issuance of any permit. Proof of ability to pay for these services shall be in the form of a cash deposit, bond, or similar instrument. The permittee shall rior to the event. provide the City with evidence of insurance, with the City named as an additionally insured. with minimum coverage of one (1) million dollars per occurrence unless the City Risk Manager determines that due to the circumstances surrounding the event, more insurance coverage is necessary.
No permit shall be issued for any race, running_ event, surf contest or athletic contest/event which is sponsored or financially supported by a tobacco or alcohol company and no alcohol or tobacco shall be permitted to be dispensed or available in the event there are participants under the age of 21. Nor will any signage promoting alcohol or tobacco company be allowed to be displayed at the contest/event.
As stewards of public access to the coast it is the City's policy to keep the beaches open to the general public and not permit exclusive use or events unless sponsored or organized by the City. Surf, surf -related and sandcastle contests are the only events permitted using City beaches and shall not be conducted during Memorial Day weekend or summer (June 15 - September 15).
Surf Contests and League Competitions
No more than eight (8) surf or surf related commercial events and/or events determined to need a Special Event Permit shall be permitted on or near the beach during any calendar year and events shall be scheduled at least three (3) weeks apart.
All Surf competitions, no matter what the size, are required to register with the Recreation & Senior Services Department a minimum of one month prior to the scheduled event in order to receive approval for use of the requested location and event dates.
Non-commercial, low impact surf eempe*'�i contests put on by non-profit groups and/or local schools can apply for event approval by completing a Surf Contest/Activity Registration Form. There is no fee for registration of a surf earapetitioncontest, only for the Special Event Permit, if needed. All responsible parties must be able to provide upon request proof of a valid registration approval during the hours of the surf eempetitiencontest. Only non-profit groups will be considered. 24-1268
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Surf contest permits will be granted for specific dates only. No more than one surf contest will be scheduled per day. Surf contest permits do not allow for the exclusive use of the ocean or contest area and are always subject to blackball rules and regulations. There can only be a maximum of six (6) commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests.
Local surf league competitions are required to submit a Contest/Activity Registration Form a minimum of one month prior to the scheduled match. Schools are to coordinate and agree to league competition dates prior to submittal collectively by June 1 each year to be considered for priority. League competitions are limited up to two 2 re -season and five S league "home" competition events with one home league competition per week per school. Up to seven (7) total per school per year.
No more than two surf league competitions per week will be considered, with emphasis placed on coordinating schedules to hold one per week when possible. If two surf league competitions are scheduled in the same week they must be at different locations on the beach. Schools shall make evea effort to coordinate alternating home league competitions to achieve this. League competitions are limited to the morning hours of 6:30-8:30 a.m. and shall not be conducted during Memorial Day weekend or summer (June 15 -September 15),
oil
History
Adopted 1-21 — 2-144983
Amended I-21 11-14-1983
Amended I-21
— 9-22-1986
Amended I-21
— 1-24-1994 (changed to I-8)
Amended I-8 —
7-25-2000
Amended I-8 —
4-8-2003 (changed to B-8)
Amended B-8
— 4-13-2004
Amended B-8
— 9-13- 2005
Amended B-8
— 9-27-2011
Amended B-8
— 11 - 14-2023
24-1269
City Council Policy B-10
Redlines
24-1270
USE, PRIORITIES AND FEES FOR MARIAN BERGESON AQUATIC CENTER The Marian Bergeson Aquatic Center (MBAC) is a 50 meter pool complex located on the Corona del Mar High School campus. The Newport -Mesa Unified School District (NMUSD), as the legal owner of the property, has entered into an agreement with the City of Newport Beach (CITY) to allow public use of the facility after official school use. This agreement has resulted due to the significant contribution to the pool construction by the City.
Purpose of Use
The foregoing facilities and equipment therein shall be used for activities which are recreational, social or civic in character, and offer services of interest or need to the community.
Procedure
Any group desiring to use the MBAC shall make application on forms provided by the Recreation & Senior Services Department (Department) and shall provide such additional information as may be required by the Department to assure compliance with priorities. Applicants may be required to satisfy the Department that activities will be conducted in an orderly manner and that such person(s) or groups are financially able to respond to damages arising therefrom. Prior to the use of any facility, the application must have been approved by the Recreation & Senior Services Director or a designated representative.
Schedule
The City and the NMUSD establishes the use of the aquatic center as follows:
Pool Use Criteria (As Dictated by School District -City Agreement) School Year
A. 6:00 A.M. - 3:00 P.M.
B. 3:00 P.M. - 6:00 P.M.
C. 6:00 P.M. - 9:00 P.M.
Holidays, Summer Vacation, Saturdays
A. 6:00 A.M. - 9:00 A.M
B. 9:00 A.M. - 9:00 P.M.
District use only.
Joint use City/District w/District as first priority.
City exclusive use.
Joint scheduling w/City priority.
City exclusive use.
24-1271
[an
Sundays
A. 6:00 A.M. - 9:00 P.M. Joint City/District.
(Use includes showers, restrooms and ancillary facilities.) A. All official Department/City initiated and/or conducted activities.
B. All official Department co -sponsored groups and/or activities. The aforementioned are community groups and activities which are nonprofit, self-governing, privately organized of a recreational nature may be brought under the sponsorship of the Department by application.
C. Official School District sponsored programs and activities.
D. Official public agency sponsored programs and activities not included in the above categories.
E. Recreational, social or civic activities and/or groups (resident) promoted and sponsored by local nonprofit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents.
F. Recreational, social or civic activities and/or groups (nonresident) promoted and sponsored by nonprofit organizations which are open to the public, not qualifying under Priority No. E.
G. Private resident and nonresident use.
H. Commercial or profit making groups.
Specifications for MBAC Users
A. Determining factors of priority shall include, but not be limited to, the number of City residents on the playing teams, recognized seasonal sports, and past contributions to facilities by sponsoring groups. This policy shall not be exclusionary to any group. Staff has the right to revoke a permit for specific times if the facility is not being used.
B. Recognized seasonal sports shall be determined where at all possible one year in advance. All non -seasonal sports shall be accommodated, but scheduled secondarily to seasonal sports. Special tournaments/regional playoffs, even if off-season, shall be accommodated whenever possible.
Applicable fees will be charged to the hosted group. Special events shall be applied for at least six months in advance and not more than 12 months in advance.
C. Staff will coordinate and chair meetings as necessary to determine equitable use of available athletic facilities. Groups not satisfied with the results of this procedure can appeal the staff determinations to the Parks, Beaches and Recreation Commission.
24-1272
2 D. The MBAC may be closed for periodic maintenance and renovation at a time determined by NMUSD staff to be least disruptive to all parties.
E. Any group claiming nonprofit status is required to submit, at the request of staff, proof of non-profit status by submitting their Internal Revenue Service 501 c(3) letter and a current IRS 990 Form.
Membership and meetings or activities must be open to the public. Fees, donations or admissions charged by the group must be limited to essential expenses of the group. The group treasurer will be required to submit a financial report following each activity when any of the above is collected.
Fees and Deposits
A. The fees charged for use of the MBAC are in accordance with the Master Fee Schedule which is annually adjusted by resolution of the City Council.
B. The intent of these fees shall be that the MBAC be operated in accordance with Municipal Code Section 3.36 Cost Recovery For User Services.
C. The NMUSD may requires a custodial fee from groups to clean and maintain the facility both during and after a rental.
History
Adopted 1-24 —
6-25-1990
Amended I-24
1-24-1994 (changed to I-11)
Amended I-11
— 4-8-2003 (changed to B-10)
Amended B-10
— 9-13-2005
Amended B-10
— 5-12-2015
Amended B-10
— 8-8-2017
Amended B-10- 11-14-2023
3 24-1273
City Council Policy B-13
Redlines
24-1274
B-13
PUBLIC USE OF CITY FACILITIES
Purpose
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community rooms and swimming pools, are available to the public for civic, social, educational, athletic, cultural activities and limited commercial use. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate groups that wish to use City facilities.
Procedure
A. Applications to use the -City facilities must be made on forms provided by the Recreation and Senior Services Department (Department). Applicants must provide all information as may be required by the Department to assure compliance with the requirements and regulations of this Policy.
B. Applicants will be required to rop vide a security deposit in an amount that will promote use of the Recreation and Senior Services facilities in an orderly manner without damage to the facilities.
Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or additional cleanup is required.
C. Applicants will be required to acknowledge that neither the City nor the Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Recreation and Senior Services Director or designated representative.
D. Approval or denial of a reservation request will be provided within five working days of receipt of a completed application.
E. Reservations for use of Department facilities may be made up to six months in advance, but no later than ten working days before the event with the exception of park reservations which may be made no later than five working days before the event.
F. The City is not liable for any and all accidental injury to any and all persons or loss or damage to group or individual property. When it is deemed to be in the best interest of the general public, the City will require the pennittee to furnish a Certificate of Insurance naming the City of Newport Beach as an additional insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance.
G. A ee�t Facility Use Permit shall not be transferred, assigned or sublet. AllntfaetsFacilit. Use Permits will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled.
H. The reservation request and rental agreement must be completed and signed by an adult age 21 and over who will attend, supervise and be responsible for the entire event or activities. Proof of 24-1275
B-13
residency is required at the time of application in order to receive the resident rate. Proof of non- profit status is required at the time of application in order to receive the non-profit rake.
1. A Facility Use AgFeement Permit which authorizes the rental of facilities may be revoked for violation of any rental policies.
Regulations and Restrictions
All uses of Department facilities will be subject to the following regulations and restrictions:
A. Use of Alcohol.
1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic Center Community Room (CCCR), Newport Beach Junior Guard Center, and Marina Park when done in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services Director will require the permittee to pay City costs to provide additional security when alcohol is served.
2. The use of alcoholic beverages is by written permission only and must be requested at the time the facility use request is submitted. The Department reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and these guidelines. "Alcohol use" means the presence of any beverage that contains any amount of alcohol.
3. Alcohol is not allowed when an event is designated for minors such as school age award programs, birthday parties and/or receptions.
4. When alcohol is served, there shall be a minimum of two security guards present at the facility at all times. The guards must arrive 30 minutes before guest arrival time and remain until the contract end time. One guard must be positioned at the entrance of the event and one guard positioned in the event area. The parking lot must be monitored every 30 minutes.
The security guards shall have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the applicant's security deposit. The applicant will be billed for any costs exceeding the security deposit.
5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the sole responsibility of the organization or individual renting the facility.
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6. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the ABC. Any organization using City facilities shall be solely responsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the Department or to a minor the Police will be notified and the event will be terminated and all fees and deposits will be forfeited.
8. The City shall require the applicant to carry general liability insurance when alcohol is available, but not sold. The City shall require a full liquor liability premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be borne by the applicant.
B. Smoking is prohibited in and on all City f ei property including restrooms and within 100 feet of a park, park facility or beach.
C. For all indoor facility rentals involving youth, 17 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the Department.
E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, is submitted with the rental application.
F. Facilities and equipment are to be left in the same condition as they were prior to the rental. The permittee is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the permittee to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall insure that no disorderly or illegal conduct shall be allowed in any facility.
H. The use of public address equipment will be limited to that provided by the facility, unless written approval has been secured by the Department through a Special Event Permit.
I. Private groups wishing to collect fees, donations or admission charges, or those using the facility to market a product, give a presentation, or advertise their business, will be considered commercial users.
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J. The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at any time.
L. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas Day, Easter, President's' Day, Independence Day, Labor Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veteran's Day.
M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Department and all applicable City, State and Federal laws, rules and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces.
Overnight parking is not allowed.
O. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised throughout the facility.
P. When no alcohol is served but the group size is 200 or more, one security guard may be required, at the discretion of the Department Director.
Q. Policies and guidelines regarding caterers shall be adhered to.
R. All professional services utilized for events require a City of Newport Beach business license and liability insurance listingthe as additionally insured.
S. Animals are not permitted within City Facilities with the exception of service animals. However, this provision shall not apply to activities or programs of the Recreation and Senior Services Department.
Fee Classifications — Priorities of Use
Permission for use of City facilities shall be granted on a first come first served basis, subject to the following priorities:
A. All official Department initiated and/or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B-5 and B-10.
B. All official City of Newport Beach activities.
C. All official City co -sponsored groups and/or activities such as community groups and activities which are non-profit, self-governing, privately organized and of an educational nature which may be brought under the sponsorship of the Department.
D. Official public agency sponsored programs and activities not included in A, B, and C above. 4 24-1278
B-13
E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50% or more of membership consisting of Newport Beach residents.
G. Recreational, social or civic activities of groups which are resident promoted and sponsored by local non-profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not open to the public. (private parties)
I. Recreational, social or civic activities and/or groups which are non-resident promoted and sponsored by non-profit organizations which are open to the public, but not qualifying under D above.
Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non-profit.
K. Others.
Non-profit status is defined as an organization that is so defined by the Internal Revenue Service, § 50I (c) (3) and has a State of California Tax Identification Number.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically adjusted and approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance and replacement costs for application and scheduling and maintenance of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the deposit may be retained by the Department after inspection of the facility by the Recreation and Senior Services Director or a designated representative and a determination that the facility has not been left clean and/or in good repair.
B. A separate additional cleaning fee may be charged for rental of the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior LjkgGuard Center, and Marina Park Community Center.
C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events co -sponsored by the City of Newport Beach or its departments, with the exception of direct costs.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center, and Marina Park may occur seventy-two hours prior to the scheduled use of facilities without forfeiting fees collected by the City, with exception of a City service refund processing fee. Cancellations with less than seventy-two hour notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. 24-1279
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E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior gGuard Center, and Marina Park that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy-two hour notice will be charged the entire rental fee.
History
Adopted 1-5 — 11-22-1962 ("Use Priorities and Fees")
Amended 1-5
3-9-1970
Reaffirmed I-5
— 2-14-1972
Adopted G-4 —
5-13-1974 ("Use of City Facilities")
Amended 1-5 —
5-28-1974
Amended 1-5 —
2-13-1978
Amended G-4 and 1-5 10-10-1978
Amended 1-5 —
2-12-1979
Amended 1-5 —
5-14-1979
Amended 1-5 —
8-28-1979
Amended I-5 —
11-26-1979
Amended G-4 and I-5 2-9-1981
Amended 1-5 —
11-23-1981
Amended 1-5—10-12-1982
Amended I-5—10-25-1982
Amended G-4 and I-5 — 4-23-1984
Amended 1-5 --
11-28-1988
Amended 1-5 —
11-27-1989
Amended 1-5 —
3-25-1991
Adopted I-25 —
5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5) Amended I-25
— 5-8-2001
Amended I-25
4-23-2002
Amended I-25
— 4-8-2003
Amended 1-25
— 7-22-2003 (changed to B-13)
Amended B-13
— 9-13-2005
Amended B-13
— 10-10-2006
Amended B-13
8-11-2009
Amended 13-13
— 5-14-2013
Amended B-13
— 5-12-2015
Amended B-13
— 8-8-2017
Amended B-13
— 11-14-2023
24-1280
6 City Council Policy B-14
Redlines
24-1281
B-14
TEMPORARY SIGNS WITH SPONSORSHIP RECOGNITION
IN CITY PARKS AND BEACHES
Temporary signs which recognize sponsorship of City sponsored or co -sponsored sports programs may be posted in a City park or beach when the signage complies with the criteria set forth in this policy. The Recreation and Senior Services Director will require that sponsorship signs meet the following guidelines and that any other approvals which may be required are obtained:
A. The signage must relate to a program sponsored or co -sponsored by the City of Newport Beach.
B. The signage must:
Not exceed twenty-four (24) square feet in size;
2. Be posted in a location not visible from public streets and pre -approved by the Recreation and Senior Services Department,
3. Be posted only during their designated priority season for that sports group;
4. Be aesthetically appealing, with consideration for the surrounding area as determined by the Recreation and Senior Services Director.
C. No signage related to alcohol or tobacco is permitted.
D. The applicant is responsible for placement and removal of signage and for storage, damage, theft, or loss of any sign posted.
History
Adopted I-26 —
9-14-1998
Amended 1-26
— 4-8-2003 (changed to B-14)
Amended B-14
-- 4-13-2004
Amended B-14
9-13-2005
Amended B-14
— 8-11-2009
Amended B-14
— 11-14-2023
24-1282
City Council Policy B-16
Redlines
24-1283
MAXIMIZING PUBLIC ACCESS TO CITY PARKS
The purpose of this policy is to maximize access for the general public to the parks of the City of Newport Beach. As steward of the coastal parks and beaches, the City Council establishes the following guidelines for reserved use of those City parks in high traffic areas:
A. Reservations for the use of Inspiration Point, Peninsula Park and Lookout Point shall be permitted only during the non -peak tourist season, specifically the period after the Labor Day weekend in September to, but not including, Memorial Day weekend in May.
B. Groups of more than 20 attendees or participants may not reserve the following view parks at any time:
John Wayne Park
Galaxy View Park
Inspiration Point
Lookout Point
Sunset View park
C. Reservations for use of City park areas can only be made through the City, with payment fees established by resolution of the City Council.
D. The Park Patrol Program undertakes the program of educating the public on the rules and regulations for use of all City parks, especially those of high use and during the peak summer season.
E. Exceptions to this policy shall only be , sueh as
the Corona del Mar 5K Race, and for events at Galaxy View Park approved through the Special Event Permit process.
History
Adopted I-28 —
2-26-2002
Amended I-28 —
4-8-2003 (changed to B-I6)
Amended B-16
— 4-13-2004
Amended B46
— 542-2015
Amended B-16
8-8-2017
Amended B-16
-- 11-14-2023
24-1284
City Council Policy B-17
Redlines
24-1285
FZNVA
PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS
Purpose
The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community, and the need to establish a fair, equitable, and uniform procedure by which gifts may be donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and sustainability of maintenance. Each donation considered for inclusion in the City's parks and streets system will be subject to established limitations and guidelines for each particular area.
Policy
A. Acceptance of Donations
Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation.
2. Criteria for evaluation includes consideration of any initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation for a minimum of 10 years, and the community benefit to be derived from the donation.
After 10 years, or at the end of the donated item's useful life, the donated item may be removed or replaced by the City.
The cost of a tangible donation shall also include a maintenance fee equal to 50% of the estimated l0-year maintenance cost of the donated item, paid for in full by the donor at the time of the donation, and at renewal if the donor elects to renew the donation as part of the first right of refusal process, per section G. This maintenance fee is in addition the cost and installation of the donated item.
B. Types of Donations
Donations may only be received in the form of a check. Restricted donations are those donations that the donor specifies for a particular City location or purpose. Unrestricted donations are those donations that are given to the City for unspecified use.
1. Trees
Donations for trees add beauty to City parks and facilities. Donations for trees may be used to install a tree or trees at parks recommended by the Deputy Public Works Director, Municipal Operations and approved by the Parks, Beaches and Recreation Commission.
Depending on availability, the minimum cost of tree donations must be equal to the price of a 48" boxed container plus maintenance costs, unless waived by the Commission. Tree donations are limited to specific species that match the landscape in park locations. 24-1286
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2. Benches
Donations for a bench will be used to install a bench in different areas including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with the assistance of Public Works Department staff, shall designate the type, style, design, and placement of City -owned benches on City property.
a. An inventory of designated benches and available bench locations will be maintained by the City.
b. Donation requests must be submitted to the Public Works - Municipal Operations Division and meet the following requirements:
Bench donations along a city street, beachfront or other public right of way will require the approval of the Deputy Public Works Director. ii. Donations for a bench within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. iii. Donations for a bench to be located at a park or facility within a residential community will require notification of residents and any established homeowners association or common interest development, when applicable, within 300 feet of the proposed location for placement. iv. Donations for three types of benches, and any exception to the following, must be approved by the Parks, Beaches and Recreation Commission. Donors can choose from the following:
21) Huntington Beach Style - Standard Concrete Park Bench; 42) Victoria Style - Backless Standard Concrete Park Bench; or 43) Infinity Style - Standard Park Bench with metal legs and composite bench slats. Comes in standard or backless.
3. Park, Public Improvement, and Street Amenities
Donations for other amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and/or around public buildings, streets, walkways, and trails may be offered to the City.
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a. Donations for other amenities will be identified and approved by City Staff. b. Donation of funds for public amenities valued at or below the amount set forth in City Council Policy F-3 may be accepted by the City Manager.
C. Donation of funds for public amenities valued at the amount set forth in City Council Policy F-3, and above, requires City Council approval.
d. Donations of funds for public amenities to be installed on public sidewalks shall meet the criteria described in Policy L-6 Encroachments in Public Rights -of -Way and be approved by the Public Works Director.
C. Naming Rights
Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75% of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City Council for acceptance of the donation and the name to be applied to the project in keeping with City Council Policy B-9 - Naming of City Parks & Facilities.
D. Sponsorships
Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event banners and signage. Signs and literature at all such special events is at the discretion of the appropriate Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and/or names should not be displayed in a manner that would, in any way, suggest the endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B-3 and B-8.
E. Right to Decline
The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to not be in the best interest of the City.
F. Special Privileges
Making a donation or co -sponsoring a special event does not entitle a sponsor/donor to any special privileges other than those stated in this policy such as recognition or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate.
B-17
G. Timeliness
All donations are limited to a period of 10 years or until the end of the useful life of the item. After 10 years, or the end of the useful life of the item, whichever comes first, reasonable effort will be made to contact the original donor (City will attempt to make contact for no more than 30 days if donor is unable to be reached) for a right of first refusal to keep the donation in their name. If denied, or the donor is unable to be reached, the location may become available for a new donation.
H. Acknowledgements
Letter of acceptance of donation will be sent to the donor.
2. In some cases, recognition of donations may be given at Commission or Council Meetings.
3. A donor will receive a certificate of acknowledgement for the donation and their name will be placed on the GI5 Donation map, with coordinates of the location of their donation.
4. Donations are not eligible for donation plaques, however the donor will be provided with a certificate acknowledging the donation and the location of the donated item.
History
Adopted I-15 — 7-22-1991 ("Park Improvement Donations") Amended I-15—1-24-1994 (changed to G-5)
Amended G-5 — 6-27-1994
Amended G-5 - 6-24-1996
Adopted B-17 — 5-9-2006 ("Park, Facilities, and Recreation Program Donations", and incorporating G-5) Amended B-17 2-24-2009
Amended 13-17
— 6-26-2012
Amended B-17
— 8-8-2017
Amended B-17
— 9-10-2019
Amended B-17
11-14-2023
24-1289
City Council Policy G-1
Redlines
24-1290
G-1
RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES
Goal of Policy
To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resources. To require that in approving any tree removal or reforestation request, the Parks, Beaches and Recreation Commission ("Commission") shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest. To educate the public of the protections of the City's Urban Forest and guide, in a user-friendly way, the mechanisms in place for tree replacements.
Purpose
The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care, trimming, root pruning, maintenance, and programmed replacement are necessary to preserve this charm while at the same time protecting public views consistent with City Council Policy G-3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest.
The City classifies public trees in one of three categories: Special City Trees, Problem City Trees, and Standard City Trees,
I. SPECIAL CITY TREES
It is the City's policy to retain Special City Trees ("Special Trees") categorized as Landmark, Dedicated, or Neighborhood trees, because they have historical significance, and/or contribute to, and give character to, a location or to an entire neighborhood. Landmark, Dedicated, and Neighborhood trees are identified by species in Exhibit A and shall hereinafter be collectively referred to as Special Trees. Trees within these three categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff proposes modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval.
.Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species.
Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations.
Updates will be made annually to the City tree inventory system that correspond to the amended B-17 Policy: Parks, Facilities, and Recreation Program Donations. Exhibit A of this Policy will be updated annually to reflect updates.
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Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area.
All Special Trees shall be retained unless there are overriding problems which will require their removal such as death, disease, interference with infrastructure, or the creation of a hazardous situation. Prior to considering the removal of any Special Tree(s), the Public Works Deputy Director, or designee, shall prepare a Tree Inspection Report, with a Tree Risk Assessment, identifying and implementing specific mitigation measures to retain the tree(s). For Landmark Tree(s), the Tree Risk Assessment shall include Level 3 Testing: Advanced Techniques to confirm the presence of any potential risks, unless waived by the City Council in advance. Where Tree Risk Assessment and Level 3 Testing: Advanced Techniques are required, the full costs of such testing and associated report will be the sole responsibility of the applicant. If the specific mitigation measures are unsuccessful or impractical in retaining a tree(s), then a full staff report shall be made to the Commission before any further action considering removal is taken. The reports shall also be provided to the Councilperson of the district in which the Special Tree is located. Prior to any removal of Special Tree(s), the City must comply with the noticing and appeal provisions set forth in Section IV.A (Removal of Special City Trees), unless a Special Tree is considered so hazardous as to necessitate an emergency removal. In the case of emergency removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree.
Long term, most trees reach maturity and decline, and will be replaced one -far -one with the same species or the closest equivalent wherever possible. An alternate species may be recommended by Staff if the same species is unavailable and will be subject to approval by the Commission.
During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special Tree's roots are to be pruned, one side should be pruned at minimum two years in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and/or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that these measures are practical, costs are reasonable, and that they comply with Americans with Disabilities Act (ADA) standards. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist.
Special Trees may be considered for removal in conjunction with a City Council -approved beautification project utilizing the Removal of City Trees procedures as noted in Section IV.A. of this Policy.
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II, PROBLEM CITY TREES
A Problem City Tree ("Problem Tree") is defined as a tree that by virtue of its species is known to cause excessive hardscape or utility damage due to its excessive root system. The following trees are defined as Problem Trees:
• Ficus nitida (Indian Laurel Fig)
• Ficus rubiginosa (Rusty Leaf Fig)
• Ficus benjamina (Weeping Fig)
• Fraxinus uhdei (Shamel Ash)
• Cupaniopsis anacardioides (Carrotwood)
• Liquidambar styraciflua (American Sweet Gum)
Schinus terebinthifolius (Brazilian Pepper)
Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of City Council Policy G-6 unless they are Special Trees.
Problem Trees that are not designated Special Trees may be removed for the following reasons:
A. The Problem Tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant documented private property damage (greater than $1,000.00) may be sufficient criterion for tree removal; or B. The Problem Tree has had a repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures.
Problem Trees may be proposed for removal by either staff or private property owners. The City Arborist has the authority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under the above criteria without special approval of the Commission. Replacement trees of a minimum 36-inch box size shall be planted if funding, availability, and growth space permits.
Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, if applicable, and the Councilperson of the district where the removal is proposed, of the intent to remove a Problem Tree. 3 24-1293
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The decision by the City Arborist to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees under the above criteria on a monthly basis to the Commission. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability, and growth space, except for Category C (view).
III. STANDARD CITY TREES
A City tree which is located on City real property (parkways, parks, other City -owned property) and not designated as a Special or Problem Tree is designated as a Standard City Tree ("Standard Tree").
It is the City`s policy to retain Standard Trees unless removal is necessary for one of the following reasons:
A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from City tree roots and causes significant public or private property damage (greater than $1,000.00) may be sufficient criterion for tree removal; or B. The City tree has had a repeated history of significant interference with street or sidewalk drainage; or
C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the City Arborist and found to have deceased.
Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery. Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The City Arborist will perform a Level 2: Basic, Tree Risk Assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to mitigate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Landscape Manager for evaluation. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the emergency removal of a hazardous tree without further approvals; or D. The tree(s) have been requested to be removed in conjunction with a City Council -approved City, commercial, neighborhood, or homeowners association beautification program; or 4 24-1294
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E. The tree(s) have been requested to be removed in conjunction with a commercial or residential project. Approval will only be granted if the City tree unreasonably impedes the planned construction. In these cases, the applicant will coordinate and assume all costs for the removal and replacement. Replacements will be a minimum of 36-inch box size, but larger sizes may be required at the Landscape Manager's discretion; or F. The City Manager, upon the advice of the Public Works Deputy Director, City Attorney, Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues.
IV. REMOVAL OF CITY TREES
A flowchart detailing tree removal procedures is available on the Public Work's website:
www.new ortbeachea. ov/ ovemment/de artments/ ublic-works/munici al-o erations The initiation to remove City tree(s) may be made by the staff of the Public Works Department, a homeowners association, or a private property owner by submitting an application to the City Arborist, utilizing the City Tree Removal form available on the Public Works website:
ww.newportbeachca. gov/govenunent/departments/public-works/municipal-operations The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis, as funding, availability, and growth space permits. Replacement trees will be a minimum of a 36-inch boxed size. If 36-inch boxed trees are not available or if funding or space constraints prevent planting of a 36-inch boxed tree, then the largest tree available for the space available will be planted. The full costs of removal and replacement of all City Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to upgrade to a box size larger than a 36-inch box as a replacement (if available), then the resident will be responsible for the difference in price.
A. Removal of Special City Trees
• Special Trees, other than Landmark Trees, may be considered for removal under the same criteria as Standard Trees in Section III if a full staff report, prepared by the Public Works Deputy Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree.
• Removal of a Special Tree(s) is initiated by submitting an application utilizing the City Tree Removal form.
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• After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the trce(s) meets the criteria for consideration for removal outlined in Section 1I1. The City Arborist shall determine whether in his/her judgment additional specific mitigation measures can be initiated to retain the tree provided the costs are reasonable.
• Private property owners, residential communities, neighborhoods, or business organizations who apply for a Special Tree removal(s) must submit a petition signed by a minimum of 60% of City of Newport Beach property owners within a radius of 500 feet from the location of the proposed tree removal. The petition content must be approved and dated by City staff prior to distribution by the applicant. The staff approved petition must be distributed by the applicant to all private property owners within the 500-foot radius. Signatures by non -property owners are not acceptable for petition purposes, and there may be no more than one signature per property. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition.
• Private property owners represented by a homeowners association with mandatory membership and within the 500-foot radius must, instead of the above petition procedure, submit a petition through their association. The association shall submit a resolution of the Board of Directors formally requesting a Special Tree removal(s) with a statement that all members of the homeowners association affected have been officially notified and given an appropriate opportunity to respond before the Board voted on the request.
• The City Arborist shall also provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant's property, and the appropriate homeowners association if applicable (not applicable to the emergency removal of hazardous trees under Section I (Special Trees)).
• Once a recommendation is made by the City Arborist and the Landscape Manager to the Public Works Deputy Director or designee and the Deputy Director concurs, then the applicant, and private property owners within a 500-foot radius of the tree location, and a homeowners association if applicable, shall be notified via postcard of the recommendation at least 30 days before the Commission meeting. The postcard will include the date, time, and location of the Commission meeting and a City contact number. A homeowners association is responsible for notification of all association members pursuant to their established procedure. • An 8" x 5" placard will be posted on the Special Tree(s) considered for removal at least 30 days before the Commission meeting. The placard will include the following information; the date of its posting, the date, time and location of the Commission meeting, and a City contact number.
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• The Public Works Deputy Director, or a designee, shall prepare a full staff report for a regularly scheduled Commission meeting of all trees recommended for removal, except for the emergency removal of hazardous trees in Section I (Special City Trees) of this Policy.
• Following Commission approval for removal of a Special Tree(s), the tree(s) will be posted with a new 8" x 5" placard at least 30 days prior to the removal notifying the public that they have the right to appeal. The placard shall also note a Staff contact number and a date on which it was posted.
• Any appeal to the Council regarding a Commission tree decision must be received by the Public Works Deputy Director no later than 30 calendar days following the date of the above reporting after the Commission decision. The Public Works Deputy Director will delay any tree removals until the appeal period has expired or until the Council has acted upon the appeal.
• The full costs of removal and replacement of a Special Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s).
B. Removal of Problem City Trees
• Problem Trees may be proposed for removal by either City staff, a homeowners association, or private property owners by written application utilizing the City Tree Removal form. The City Arborist has the authority to remove Problem Trees. • if there are no removal criteria other than it being a Problem Tree species, then no more than 50 Problem Trees may be removed per year by staff without special approval of the Commission.
• If there are no removal criteria other than it being a Problem Tree species, then no more than one of three problem parkway trees in a continuous row may be removed in a one-year period unless part of a reforestation approved by the Commission.
Replacement trees of a 36" boxed size shall be planted if funding, availability, and growth space permits.
• Staff is responsible for providing advance written notification, as applicable, to the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove or retain a Problem Tree.
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• Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Problem Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the removal of dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal.
• The decision by the Landscape Manager to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission.
• The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant.
C. Removal of Standard City Trees
• The initiation to remove a Standard Tree(s) may be made by the staff of the Public Works Department, a homeowners association, or a private property owner by submitting an application to the Landscape Manager, utilizing the City Tree Removal form.
• After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal as outlined in the above Section III (Standard City Trees). The City Arborist shall determine whether in his/her judgment additional specific mitigation can be initiated to retain the tree provided the costs are reasonable. • Once a recommendation is made by the City Arborist to the Landscape Manager, or designee, and the Manager agrees with the recommendation, the City may remove the tree(s). The authority to remove Standard Trees rests with the Landscape Manager.
• Staff is responsible for providing advance written notification, as applicable, to the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove or retain a Standard Tree.
• Except for those trees categorized as Item C (dead, diseased, or dying trees) or Item F (claims and safety issues) in Section III (Standard City Trees), all Standard Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar days prior to the scheduled removal. The placard shall also note a Staff contact number and a date on which it was posted. Unless deemed an emergency, posting for the dead, diseased, or hazardous trees shall be at least 72-hours prior to the scheduled removal.
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• Any appeal to the Commission regarding a tree decision must be received by the Public Works Deputy Director no later than 14 calendar days following the date of posting or notice of intent. The Public Works Deputy Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon an appeal.
• The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available, or funding or space constraints prevent planting of a 36-inch box tree, then the largest tree available for the space available will be planted. If resident/applicant desires to upgrade to a 48-inch boxed tree or larger, the resident/applicant will be responsible for the difference in price.
The full costs of removal and replacement of a Standard Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or desires to upgrade to box size larger than 36-inch planted as a replacement, then the applicant will be responsible for the difference in price.
V. REFORESTATION OF CITY TREES
A. Description of Reforestation
Reforestation is defined as the concept of systematically replacing Problem or Standard Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create; or those which have reached their full life and are declining in health; or are simply the wrong species of trees for the planted location.
It is recognized and acknowledged that many City trees were planted years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk, or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the age and height of the trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or may represent a safety hazard. The City Street Tree Designation List and the City Parkway Tree Designation List attached to City Council Policy G-6 reflect an effort by the City to designate appropriate tree species that will not cause future problems.
The City understands the importance of trees and the beauty they bring to a community, and desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees one for one with the appropriate street tree.
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B. Application for Reforestation
Reforestation requests shall be made by submitting an application to the Landscape Manager for consideration by the Commission. Requests shall comply with the following requirements:
• The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other geographical information.
• Submission of a petition signed by the owners of a minimum of 60% of the properties within a radius of 500 feet from the location of the proposed reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. Signatures by non -property owners shall be invalid and only one signature per property shall be counted towards the 60% threshold. The 60% threshold is based on the number of properties, not the number of property owners. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition.
• Private property owners who are mandatory members of a homeowners association must submit reforestation requests through their association. The request shall include a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the homeowners association have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. The homeowners association is responsible for notification of the outcome of the Board's vote to all association members, pursuant to their established procedure.
• The requestor agrees, in writing, to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replacement work will be performed by a City contractor coordinated by the Public Works Department, Municipal Operations Division. The total costs for removal and replacement work shall include only the contractor's costs and be paid in advance of any removal actions.
C. Action Upon Application
• Petitions that are submitted more than 90 days past the date stamped by staff before distribution shall be invalid and the request shall not be forwarded to the Commission for consideration. The Landscape Manager may extend this timeframe at his or her discretion.
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City staff shall post the tree(s) proposed for reforestation with an 8" x 5" placard at least 14 calendar days prior to the scheduled Commission meeting. The placard will include the date it was posted, the date, time and location of the Commission meeting and a City contact number.
For requests from a homeowners association: City staff shall notify private property owners within a 500-foot radius of the tree(s) requested for reforestation via postcard at least 14 calendar days prior to the Commission meeting. The postcard will include the date, time and location of the Commission meeting and a City contact number.
In hearing reforestation requests, the Commission may consider any and all relevant circumstances, including but not limited to the following:
o Health or overall condition of the tree(s)
o Degree of verifiable public or private property damage from the tree(s) o Degree of verifiable view impairment from the tree(s) a If the tree species is a Problem City Tree (Section II) o The level of community support and/or opposition
o The value of the existing tree(s) versus the value of the replacement tree(s) o Whether the tree species is inappropriate for the location or does not conform to the current treescape
o Efforts made to ensure adequate notification
The decision of the Commission shall be final unless called up by a Councilmember.
D. Reforestation Work
The replacement tree(s) shall be an appropriate tree(s) that meets the criteria of the City's Street Tree Designation List or the City Parkway Tree Designation List as identified in City Council Policy G-6, or the requestor must obtain approval from the Commission of the designation of a different tree species other than the designated street tree, or an appropriate species based on the City Tree Designation Lists.
There shall be a minimum of a one -for -one replacement of all trees. Replacement trees shall be a minimum size of 36-inch boxed trees, unless the parkway space will not accommodate a 36-inch boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G-6. Per the Landscape Manager's discretion, a larger sized box tree may be planted if it is replacing a tree of significant size or value in the City's inventory and ample planting space is available. If there is not room for the replacement tree(s) at a specific site as designated by City Council Policy G-6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the requester.
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• The requestor shall be responsible for the watering and fertilizing of replacement trees to ensure their proper growth and development as outlined in City Council Policy G-6. Section 13.09.030 of the Municipal Code also requires property owners to water and fertilize parkway trees adjacent to their property.
V1. TREE MAINTENANCE
The City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs in accordance with City Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any person from tampering with City trees.
VII. ENCROACHMENT AND DEMOLITION PERMITS
All encroachment permits (permits for private property development which are proposed to install improvements in the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and/or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline). If the proposed development requires the removal of City trees (that are not dead, dying or in decline), the property owner must submit a tree removal form to the Landscape Manager, pay for all related tree removal and one -for -one replacement costs, and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and
13.09, or any successor policies or sections. Approval or disapproval of all tree removal/ replacement requests associated with encroachment and demolition permits will be the responsibility of the Public Works Deputy Director or a designee.
VIII. TREE TRIMMING STANDARDS
The City Council has adopted tree trimming cycles for trees of different ages and species. Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). In those communities with a homeowners association, periodic tree trimming with an emphasis on crown reduction or vista trimming will be considered by the City Arborist upon written request by the association.
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I.X. SUPPLEMENTAL TREE TRIMMING
The City will consider requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/distance standards, or other public purposes) which are submitted by affected private property owners or the board of a homeowners association and the request is accompanied by a completed "Supplemental Tree Trimming Form" and full payment for the requested tree trimming. However, since these practices often require 'topping' or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when supplemental tree trimming is impractical or infeasible as determined by the City Arborist.
The Landscape Manager shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active homeowners association, approval must be obtained from a legally established association by the requestor of supplemental tree trimming if the requested trimming is to be undertaken within the association boundaries. [Attachment - Exhibit A Special City Trees]
History
Adopted 1-9 - 5-9-1966
Reaffirmed 1-9 - 8-30-1966
Amended 1-9 - 8-14-1967
Reaffirmed 1-9-11-12-1968
Reaffirmed 1-9 - 3-9-1970
Reaffirmed 1-9 - 2-14-1972
Amended 1-9-11-9-1976
Amended 1-9-11-12-1985
Amended 1-9-11-28-1988
Amended 1-9 - 3-14-1994 (changed to G-1)
Amended G-1 - 4-11-1994
Amended G-1 - 2-26-1996
Amended G-1 - 7-14-1997
Amended G-1 (Administratively) - 11-24-1997
Amended G-1 - 8-10-1998
Amended G-1-1-25-1999
Amended G-1 - 2-22-2000
Amended G-1 - 4-23-2002
Amended G-1-4-27-2004
Amended G-1- 10- 11-2011
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Amended G-1 - 9-8-2015
Amended G-1 - 8-8-2017
Amended G-1 - 2-9-2021
Amended G-1 - 5-9-2023
Amended G-1 — 11-14-2023
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LANDMARK
TREES
DEDICATED
TREES
EXHIBIT A
SPECIAL CITY TREES
Balboa Boulevard Median
Balboa Library
Balboa Library
Bob Henry Park
Castaways Park
Lido Hotel Site
Dover Drive east of Irvine Avenue
Dover Drive at Westcliff
John Wayne Park
Lido Isle Medians
Main Street
Marine Avenue (Balboa Island)
Ocean Blvd. Corona del Mar
Wedge Area
West Jetty View Park
(near Historical Marker)
Westcliff & Dover (Groves) Bike Trail
Araucaria heterophylla (1)
Eucalyptus globulus (3)
Phoenix canariensis (1)
Ficus rubiginosa (1)
Phoenix canariensis (1)
Ficus micro carpa 'Nitida' (2)
Erythrina caffra (1)
Liquidambar styraciflua (4)
Erythrina caffra (1)
Pinus pinea(4)
Ficus microcarpa'Nitida' (1)
Eucalyptus (Various Species) (47)
Phoneix canariensis (5)
Myoporum laetum (2)
Phoenix canariensis (2)
Eucalyptus globulus (49)
Bayside Park
Pyrus calleryana
(Newport -Irvine Rotary Club)
Bayview Park
Cinnamomum camphora
(Gene Atherton)
Bayview Park
Cassia leptophylla
Thomas Edward Mansfield and Owen Thomas Vatter
Begonia Park
Bauhinia blakeana
(Dr. Leo V. Turgeon)
Begonia Park
Prunus cerasifera
(Cheryl Bailey Ringwald)
Bob Henry Park
Ficus rubiginosa
(Bob Henry)
Bonita Canyon Sports Park
Melaluca linariifolia
(Elaine Linhoff)
(Fern Pirkle)
Buffalo Hills Park
Erythrina caffra
(Bahia Community Earth Day Celebration)
Buffalo Hills Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Castaways Park
Pinus torreyana
(Kevin Murphy)
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(Mary Louise Romine)
Castaways Park
Platanus racemosa
(Joe Clarkson)
(Michael F. Gustin)
(Arthur Grant Kidman Junior)
(Grover Stephens, PH.D.)
(Arthur C. Wahlstedt, Jr.)
(John D. Woodruff)
Castaways Park
Quercus agrifolia
(Nancy Bergeson)
(Logan David Burley)
(Sawyer Dean Burley)
(Sawyer Dean Burley)
(Bob & Susan Caustin)
(Joe Clarkson)
(Yen Chu Kuo)
(Ryan Lemmon)
(Virginia Najera)
(Eva Victoria Najera)
(David Rapp)
(Nancy & Jack Skinner)
(Staycee Stone)
(Jason Stradtman)
(Robert T. Talbot)
(Jan Vandersloot)
(Jean Watt)
Castaways Park
Quercus kelloggii
(Gregory Courteau)
Cliff Drive Park
Bauhinia blakeana
(Susan Benz)
Cliff Drive Park
Cassia leptophylla
(Francis P. Hemenway)
Cliff Drive Park
Quercus agrifolia
(Gary Lovell)
(Dr. Vandersloot)
Coastal Peak Park
Quercus agrifolia
(Jared Romine)
Eastbluff Park
Hymenosporum flavum
(Lucy Huntsman)
Eastbluff Park
Ficus macrophylla
(Billy Covert)
Galaxy View Park
Cupaniopsis anacardioides
(Trey Hunter)
Galaxy View Park
Metrosideros excelsa
(Dylan Ayres)
Galaxy View Park
Cassia leptophylla
(Virgina Herberts)
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Grant Howald Park
Cassia leptophylla
(Jean & Coalson Morris)
Grant Howald Park
Hymenosporum flavum
(Skipper Mark Howes)
Grant Howald Park
Metrosideros excelsus
(Mark Munro)
(Pete Munro)
Grant Howald Park
Spathodea campanulata
(Cara Lee)
Irvine Terrace Park
Platanus racemose
(Beckett Glyer)
Irvine Terrace Park
Platanus racemosa
(U.S. Bicentennial Freedom Tree)
Irvine Terrace Park
Pinus pinia
(Calif. Bicentennial)
Irvine Terrace Park
Liquidambar styraciflua
(Dana Harmon)
Irvine Terrace Park
Pinus nigra
(Sister City of Okazaki)
L Street Park
Cassia leptophylla
(Tim Van Ostenbridge)
Las Arenas Park
Melaleuca linarifolia
(Ed Healy)
M Street median
Pinus pinea
(Walter Knott)
Mariners Park
Bauhinia variegata
(Sierra Beth)
Mariners Park
Cedrus deodara
(Dr. Anthony & Madeline DeCarbo)
Mariners Park
Pinus halepensis
(Isy Pease)
Mariners Park
Pinus eldarica
(Christopher & Marisha Thomposn)
(Meghan & Camielle Thompson)
Mariners Park
Pinus radiata
(Frank Tallman)
Mariners Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Mariners Park
Magnolia `Little Gem'
(Graci Lee Henry)
Mariners Park
Bauhinia variegata
(Susana Lee Niederhaus)
No. Mariners Park
Pinus radiata
(Marcie Schrauder)
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Newport Pier/ 24"' Street Bike Path
Chamaerops humilis
(Marie "Maxine" Louchis)
Old School Park
Bauhinia variegata
(Mary Jo Tyler)
Old School Park
Cassia leptophylla
(Jean & Coalson Morris)
Peninsula Park
Chamaerops humilis
(Gray Lunde Tree)
Peninsula Park
Ravenea rivularis
(Don Perdue)
San Miguel Park
Schinus molle
(Jon Walters)
Spyglass Hill Park
Acacia baileyana
(Dennis George Brice)
(Edith Mary Brice)
Veterans Park
Lagenstroemia indica fauriei
(Rosemary Rae Hill Hansen)
WCH & Superior Ave City Parking Lot
Cassia leptophylla
(Louise Greeley)
West Newport Park
Erythrina caffra
(Russell Marc Beaumont)
(Jeff Steven Reinker)
West Newport Park
Spathodea campanulata
(Brownie Girl Scout Troop 2072)
Various locations: Castaways Park and
Quercus agrifolia
Cliff Drive Park slopes
(Dr. Jan David Vandersloot & Family)
NEIGHBORHOOD
TREES Along Avon Avenue
Eucalyptus globulus (8)
Buena Vista and Lindo Avenue
Erythrina caffra (1)
Candlestick Lane (Baycrest)
Eucalyptus citriodora (17)
Clay Street
Ficus microcarpa'Nitida' (21)
(Irvine Ave to St. Andrews Road)
Cliff Drive
Agathus robusta (4)
(north side, west of Dover Drive)
Cliff Drive Park
Ficus benjamina (1)
(Scout House)
Commodore Road
Eucalyptus citriodora (2)
Corona del Mar State Beach
Washingtonia robusta (74)
601 Dover Drive
Eucalyptus ficifolia (1)
Dover Drive
Eucalyptus globulus
(Mariners to Irvine)
Eastbluff Park
Ficus macrophylla (6)
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Glenwood Lane
Goldenrod Avenue
(Ocean Blvd to Fifth Ave)
Heliotrope Avenue
(Corona del Mar)
Irvine Avenue
(171h St. to Dover)
Irvine Avenue
(171h St. to Dover)
128 Kings Road
128 Kings Road
L Street Park
Leeward Lane
M Street Park
Margaret Drive Median
Marguerite Avenue
(Ocean Blvd to Fifth Ave)
Mariners Drive
Newport Center Drive
Poppy Avenue
(Corona del Mar)
Rhine Wharf Park
Along Riverside Avenue
(adjacent to Cliff Drive Park)
725 St. James Road
Sandalwood Lane
Santa Ana Avenue
Seaview Avenue
(Corona del Mar)
Shorecliffs Entrance
Starlight Circle
Via Lido Bridge
Vista Del Oro Median
Waterfront Drive
(Avocado Ave to Acacia Ave)
West Newport Park
Eucalyptus citriodora (10)
Washingtonia robusta (144)
Pinus radiata (2)
Phoenix dactylifera (Date palm) (30)
Spathodea campanulate
(African tulip) (39)
Roystonea regia (1)
Pseudobombax ellipticum (1)
Quercus suber (39)
Fraxinus uhdei "Tomlinson" (39)
Pinus pinea (1)
Erythrina caffra (1)
Phoenix canariensis (79)
Jacaranda mimosifolia (52)
Wasbingtonia robusta (363)
Eucalyptus rudis (40)
Archontophoenix
cunninghamiana (12)
S chinus terebinthefolius (11)
Eucalyptus ficifolia (1)
Eucalyptus citriodora (3)
Eucalyptus robusta (38)
Pinus radiata (5)
Erythrina caffra (40)
Eucalyptus citriodora (10)
Eucalyptus globulus (14)
Erythrina caffra (6)
Schinus molle (16)
Metrosideros excelsus(55)
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City Council Policy G-6
Redlines
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MAINTENANCE AND PLANTING OF PARKWAY TREES
The City Council is vitally interested in beautification of City parkways. Public cooperation in helping to develop and maintain healthy and attractive parkway trees is encouraged.
I. MAINTENANCE OF PARKWAY TREES
The Public Works Department will trim the parkway trees on a rotation schedule. An effort will be made to trim the parkway trees on less than a three-year cycle. More frequent trimming will be performed on approved trees and in approved view areas. Public safety issues such as low branches and heavy foliage will be given priority over view -type trimming. An effort will be made to trim parkway trees located in heavy summer traffic areas during the fall and winter months. Annual trimming of certain species of trees prone to wind damage will be done prior to the winter season.
II. TREE DESIGNATION LISTS
The City Council has adopted an official street tree list, the Street Tree Designation List (Exhibit A), which will be used by the Public Works Department, Municipal Operations Division, to determine species for replacement of trees removed from established parkways and for planning purposes in all new subdivisions and commercial developments. A second list, the Parkway Tree Designation List (Exhibit B), has been added as a species palette for residents to choose approved, new and replacement, trees based on the size of parkway available for planting. The Eastbluff Community Association has its own City approved street tree list (Exhibit Q.
The Public Works Deputy Director, or designee, will have the authority to add species to the Street and Parkway Tree Designation Lists, which will be updated on an as -needed basis by the Public Works Department staff and reviewed by the Parks, Beaches and Recreation Commission ("Commission") for approval before adoption by the City Council.
III. STANDARDS AND SPECIFICATIONS FOR PLANTING PARKWAY TREES This Section is intended for planting parkway trees related to new construction, in accordance with City Code 13.09.010.
General Requirements
I . 72-hour notification shall be given to the Public Works Department staff by permittees prior to the initial installation of parkway trees for approval of species, material quality, and planting supervision. Inspection requests by permittees shall be scheduled 24-hours in advance using the Public Works inspection request line or via the City website as required.
2. Position of parkway trees is subject to approval by the Public Works Department. Municipal Operations Division, and any tree not properly placed will be relocated by permittees at no 24-1311
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cost to the City. In the interest of public safety, unless an exception is granted by the City Arborist, trees shall be planted not less than:
• 15 feet back of beginning of curb returns at intersections. • 10 feet from lamp standards.
• 10 feet from fire hydrants.
• 5 feet from service walks or driveways.
• 10 feet from meters and sewers.
• 25 feet from stop signs.
3. Trees shall be a minimum container size of 36" size box, if growth space allows. • Condition: Plants shall be symmetrical, typical for variety and species, healthy, vigorous, free from plant disease, insect pests and shall have healthy, normal root system free from being root bound. Trees shall not be pruned nor topped prior to delivery.
• Inspection: All plant material shall be subject to inspection and approval by the Public Works Department, Municipal Operations Division staff prior to planting. The City has the right to reject any item offered in its sole and absolute discretion. • Parkway Tree Planting: Per City Standards as found in the Tree Planting Detail available on the City's website.
4. Newly planted trees shall be irrigated with an automated system tied to the property under construction.
1-V 5. GUARANTEES
J. 36" boxed trees shall be guaranteed as to growth and health for a period of one year after final acceptance by the Public Works Department, Municipal Operations Division staff.
• 1—Trees that fail to grow or are injured or damaged during planting operations shall be replaced within 15 days after notification. Replacement material shall be guaranteed to be specified as original guaranteed material.
IV. ESTABLISHED PARKWAYS
I. For all City tree planting in established parkways (not permit related), adjacent property owners and/or applicants must:
Choose from the species listed on the Street Tree Designation List where it applies, or from the Parkway Tree Designation List for all other areas for planting new and replacement trees.
• Accept responsibility for watering and fertilizing new trees. • Contact the City Arborist by sending a written request for one or more parkway trees or questions regarding this Policy to: Attn: City Arborist, P. O. Box 1768, Newport Beach, California 92659-1768. Email is also available at 2 24-1312
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pwinfognewportb eachca. gov
2. The City will:
• Approve species, location, and spacing of tree planting. • Furnish, install, stake, and initially fertilize new trees (exception would be trees planted in accordance with City Code 13.09.010).
• Prune and spray tree as required.
• Approve type of root barriers for installation.
• Assume trimming responsibilities.
VI. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/OFFICE CENTERS Parkway street trees that are removed because they are diseased or have damaged property may be replaced with the same species of trees (or a species other than the designated street tree) provided (a) the parkway street tree is located adjacent to or within an established retail commercial/office development; (b) replacement with the same species will maintain the appearance of the streetscape and/or ensure consistency with an established landscape master plan adopted by the adjoining landowner; (c) the parkway street trees have a history of little or no hardscape damage nor injury claims related to hardscape damage caused by the tree; and (d) the property owner has agreed in writing to repair or pay the cost of repair/and or replacement of hardscape or underground utilities damaged by the new trees.
[Attachment — Exhibit A]
[Attachment — Exhibit B]
[Attachment — Exhibit Cl
History
Adopted 1-19 — 11-22-1982
Amended I-19—11-14-1983
Amended I-19
—10-22-1990
Amended 1-19
—10-22-1992
Amended I-19
—1-24-1994 (changed to G-6)
Amended G-6 —
7-23-2002
Amended G-6 —
4-13-2004
Amended G-6
8-24- 2004
Amended G-6
— 9-8-2015
Amended G-6
— 8-8-2017
Amended G-6
— 2-9-2021
Amended G-6
— 11-14-2023
24-1313
City Council Policy L-6
Redlines
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ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way shall be reserved for public use or open space; and that the rights of the public, present and future, shall not be diminished by the installation of private improvements within the public rights -of -way.
For any project located within the Coastal Zone also look to Newport Beach Municipal Code Title 21, or any successor title.
Categories of encroachments and improvements are listed below, together with the permit requirement for each category.
Permit and/or encroachment agreement required.
A. Except as expressly set forth herein, permits and/or encroachment agreements are required for encroachments into the public rights -of -way.
B. Application for any permit, as required by this policy, shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. Drawings for encroachment permits requiring Planning Commission review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments.
C. If the application is for a permit required under private encroachments that are prohibited without a waiver, it shall be submitted to the Planning Commission for consideration.
The Planning Commission is designated to grant or deny a waiver and approve, conditionally approve, or deny applications for encroachment permits, subject to the findings in subsection (a), of this Section.
a. The Planning Commission may grant a waiver and may approve or conditionally approve an application for an encroachment permit if the Planning Commission finds the encroachment will not be a detriment to the health, safety, and welfare of the public.
b. If an application for a private encroachment that is prohibited without a waiver is part of a larger approval requiring City Council approval, then the Planning Commission shall make a recommendation to the City Council regarding whether this policy should be waived and the permit granted.
C. The Planning Commission shall have discretion to refer any request for a waiver or encroachment permit before the Planning Commission to the City Council for consideration.
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d. Any decision made by the Planning Commission may be appealed or called for review in accordance with Chapter 20.64.
2. Notice of the Planning Commission's review of a request to waive a provision of this policy shall be:
a. Mailed to property owners within 300 feet of the project site at least ten (10) calendar days in advance of a meeting. The notice shall contain the address of the project site, the applicant's name, a brief description of the improvements, date, time, and place of the meeting, and a statement informing the public that they have the ability to provide comments to the Planning Commission; and
b. Posted on or close to the subject property in a prominent location at least ten (10) calendar days before the scheduled hearing by the Planning Commission in the following manner:
One or more sign(s) shall be posted as determined by the Public Works Director.
ii. The size and location of the sign(s) shall be as determined by the Public Works Director.
iii. The applicant for the encroachment permit/waiver shall be responsible for maintaining the sign(s) in a satisfactory condition.
iv. The applicant for the encroachment permit/waiver shall remove all sign(s) at the end of the appeal period.
Private encroachments that are prohibited without a waiver and approval A. All structural encroachments including, but not limited to, fences, walls, patios, raised planters, landscaping, etc., which encroach in excess of one (1)-foot into the public right-of-way, or exceed thee (3)-feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists.
B. Driveway approaches not conforming to Council Policy L-2.
C. Modifications to original design concepts approved by the City.
D. Private signs except as provided for in the Building Code.
E. Lighting.
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F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick/ pavers installed at grade.
G. Private dwellings and appendages including raised patios decks and bay windows, except as provided for in this section and the Building Code.
H. Pay telephones and private mail carriers drop boxes.
General private encroachments that require an encroachment permit and if applicable, an encroachment agreement from the Public Works Department.
A. Drive approaches conforming to Council Policy L-2.
B. Standard sidewalks.
C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area).
D. Parkway surfacing (standard or colored/textured concrete or flat stone/brick) installed at grade (not to exceed twenty-five percent (25%) of the parkway area).
E. CATV and public utility facilities.
F. Structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc., which encroach one (1) foot or less and do not exceed three (3) feet in height within the public right- of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the item to the Planning Commission for action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited.
G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed per U.S. Postal Service requirements. Mailbox base construction length and width shall not exceed the length of the mailbox, or twenty-four (24) inches, whichever is less.
H. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least four (4) feet of clear sidewalk width and/ or pedestals shall be placed in the parkway outside of walk area.
When connecting to or relocating public utilities.
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J. Artificial Turf (permeable) up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufacturers' recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise.
The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf Material and Installation Standards.
For artificial turf grass conversions in parkways with existing City trees:
1. Pruning of City tree roots shall be prohibited unless approved and inspected by the City Arborist. _.. -.--
2. Irrigation must be established or retrofitted to continue to provide automated irrigation for the City tree.
3. Openings for existing or new trees will allow for a minimum of 24-inch radius around the tree's trunk. If on existing trees a 24-inch radius cannot be achieved the artificial will be discontinuous, with area around the tree squared off to allow a minimum of 24-inches on either side.
K. Tree and shrub planting and removal.
L. Median landscaping.
If, in the opinion of the Public Works Departments, the approved planting is not being maintained for view, safety clearance and sight distance, Newport Beach Municipal Code Chapter 10.50, "Public Nuisance Abatement," or any successor statute, shall be used to remove offending plant material.
The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value shall be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal" or a minimum forty-eight (48) inch box tree replacement value.
Area specific private encroachments requiring an encroachment permit from the Public Works Department and subject to the execution of an encroachment agreement for non-standard improvements.
A. Structural encroachments which do not exceed three (3) feet in height measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights -of -way in areas that are more than eight (8) feet behind the face of curbs on the following streets:
1. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
B. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows:
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1. Planters that do not exceed one (1) foot in height may be installed between the back of existing sidewalk and property line, planted with ground cover and shrubs not to exceed two (2) feet in height measured from sidewalk elevation;
2. Fences and walls with a minimum setback of two (2) feet six (6) inches from back of sidewalk.
a. For patios constructed at grade elevation to one (1) foot above sidewalk grade elevation, fences and walls may be three (3) feet high above sidewalk grade. b. For patios constructed greater than one (1) foot above sidewalk grade elevation, fences and walls must be set back a minimum of three (3) feet from back of sidewalk, not exceed two (2) feet six (6) inches in height above the patio, have at least forty percent (40%) visibility through them, and not to exceed four (4) feet in height above existing public sidewalk grade.
3. Patios with a minimum setback of two (2) feet six (6) inches from the back of sidewalk. a. Raised Patios are permitted provided they have a maximum height of two (2) feet six (6) inches above sidewalk grade, are set back a minimum of two (2) feet six (6) inches from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of two (2) feet six (6) inches from back of sidewalk.
C. Structural encroachments which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios, and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets:
1. Southerly side of West Bay Avenue between 8th Street and 15th Street.
D. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements as approved by the Public Works Director.
E. Buena Vista Boulevard — Bay Avenue to Edgewater Avenue. The street right-of-way in this reach is ten (10) feet wide, with private property on both sides of the public way. Improvements allowed at this location shall consist of the following:
I . A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City.
2. Landscaping under twenty-four (24) inches in height and park -like improvements in the remaining portion of the right-of-way shall be allowed if installed and maintained by the adjoining property owners. Private improvements such as walls, fences, gates, signs and living areas such as cabanas and other roofed structures shall not be allowed. 5 24-1319
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3. Access to existing private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions.
F. Edgewater Avenue — Buena Vista Boulevard to Island Avenue. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. bay side is improved with a privately constructed bulkhead on public property. Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line maintained by the City.
2. Landscaping under twenty (24) inches in height and park -like improvements in the remaining portion of the right-of-way (between the sidewalk and the bulkhead) shall be allowed if installed and maintained by the adjoining property owner. Private improvements such as fences, gates, signs, and living areas shall not be allowed.
3. Access to private piers and floats shall be allowed where a harbor permit has been granted, but such access structures shall not be expanded beyond the permit dimensions.
G. Edgewater Avenue — Island Avenue to Alvarado Street. The street right-of-way in this reach is forty (40) feet wide with private property on the inland side. The bay side is improved with a sloping beach leading to the waters of the bay. Improvements allowed at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City.
2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor or a mooring permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions. Any existing permits to encroach on the right-of-way shall be rescinded H. Edgewater Avenue — Alvarado Street to Fernando Street. The street right-of-way in this reach is fifty (50) feet wide. The bay side is improved with a sloping beach leading to the waters of the bay.
The private lots bayward of the public right-of-way are under water and within State Tidelands.
Improvements allowed at this location shall consist of the following:
I. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way maintained by the City.
2. The remaining portion of the right-of-way shall be reserved as a public beach and no private improvements, impediments or boat storage shall be allowed except for access to existing piers and floats where a harbor permit has been granted, but such access structures shall not be expanded beyond the original permit dimensions.
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I. Bay Front Street Ends
l . Bay front street ends at beach level may contain two (2) foot wide planting areas bounded by redwood or concrete strips and containing hedges no more than two (2) feet in height above the adjacent surface. The planting areas may be installed:
a. At each side of the prolongation of the street and extending no more than fifteen (15) feet from the end of the paved street.
b. At the end of the paved street, except that a twelve (12) foot wide opening must be left for City emergency and maintenance equipment, and pedestrians to enter the beach area.
2. Bay front street ends where tidal flow prevents standard installation may be landscaped, subject to the prior approval by the City of specific plans prepared by the applicant. Access to beach areas shall be provided for in any such specific plans.
3. Improvements shall be installed at the expense of the adjacent property owners.
4. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter.
J. Unimproved Ocean Front Street Ends
I . Improvements shall be installed at the expense of the adjacent property owners.
2. Landscape maintenance and watering shall be provided by the adjacent property owners to the satisfaction of the City. A sprinkler system connected to the adjacent property shall be installed in each planter.
3. All work shall be installed to grades established by the Public Works Department.
4. A four (4) foot wide sidewalk shall be provided on each side of the street right-of-way adjacent to the property line.
5. A minimum of twelve (12) feet of unobstructed access to the beach in the center of the right- of-way shall be surfaced with brick, asphalt, concrete or artificial turf, or an equivalent surfacing approved by the City.
a. Portland Cement Concrete. A minimum six (6) inches over native compacted material.
b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt concrete over a six (6) inch thick aggregate.
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C. Brick. Brick installed over four inches of imported aggregate base. A dry mix of one- to-one cement and clean plaster sand to be swept into the one -quarter (114) to one- half (1/2) inch space between bricks. The dry mix shall be moistened with a fine spray of water after it is in place.
6. Planters five (5) feet wide shall be provided between the side and the center access along a portion of each side of the street with a heavy emphasis on drought resistant plant materials.
Plant materials shall be installed to City specifications. A six (6) inch to eighteen (18) inch high lip of concrete, brick or rock may be installed as part of the planter.
7. Special provisions shall be made in the design when garage access is required from street ends.
Where unusually large quantities of sand exist in a street end area, the City shall assist the adjacent owners by moving the sand to an area determined by the City.
K. Unimproved Alleys that End at the Ocean Front
Improvements shall be installed at the expense of the adjacent property owner.
2. All work shall be installed to grades established by the Public Works Department.
3. Landscaping of potted plants shall be permitted in the portion of the alley right-of-way that terminates at the ocean front sidewalk. A six (6) foot wide inviting passageway shall be maintained for pedestrian access.
4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick, asphalt, concrete or equivalent surfacing.
5. Improvements shall extend from the nearest street of alley improvement to the northerly line of the ocean front.
If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Planning Commission review is warranted, the Department may forward the application to the Planning Commission for original action in accordance with the procedures set forth for granting waivers for private encroachments that would otherwise be prohibited.
The City Manager is authorized to execute, on behalf of the City, agreements for non-standard improvements, which are entered into pursuant to this section or other authorization.
Encroachments on public sidewalks
Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore, the policy of the City that public sidewalks are to provide unobstructed passage whenever possible.
Sidewalks shall be reserved for public use and the rights of the public shall not be diminished by the installation of benches, planters, bicycle racks, etc., by private entities nor by the installation of facilities by 24-1322
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public utilities or other public agencies. It is the policy of the City that encroachments on public sidewalks shall be subject to the following:
A. General
I . Permitted encroachments shall not reduce the sidewalk width available for normal pedestrian movement.
2. Permitted encroachments may be located in areas between tree wells or other existing improvements as long as they do not interfere with pedestrian travel.
3. Permitted encroachments shall be located at least eighteen (18) inches from the curb face. In areas where vehicles do not park or otherwise extend over the sidewalk, this setback may be reduced.
4. Permitted encroachments shall not be located within thirty-six (36) inches of a parking meter or street light, nor shall they be located where they will interfere with the normal use of other facilities.
5. Encroachments shall not block access from parked cars.
6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or driveway.
7. Encroachments may not be chained or otherwise anchored to any tree, streetlight, parking meter or other property.
8. Applicant shall pay all costs for City and/or the California Department of Transportation ("CalTrans") permit processing where necessary.
9. Applicant shall pay all costs associated with the installation and maintenance of the encroachments by the City or private installer.
B. Public Benches
I. When applying the above requirements to benches, allowance shall be made for the space required for a person sitting on the bench.
2. Benches to be installed in an area where there is a theme or bench style shall conform to that theme or style.
C. Public Bicycle Racks
I . Bicycle racks shall be located to allow bicycles to extend five (5) feet from the center of the rack and comply with the above requirements.
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History
Adopted I-12 — 8-25-1969 ("Ocean Front Street -End Improvement Policy") Adopted L-6 — 8-25-1969 ("Private Encroachments in Public Rights -of -Way") Amended 1-12 —
3-9-1970
Reaffirmed L-6
— 3-9-1970
Reaffirmed L-6
— 2-8-1971
Amended L-6 —
2-14-1972
Reaffirmed 1-12
2-14-1972
Amended 1-12 —
12-10-1973
Reaffirmed L-6
—12-10-1973
Amended I-12—11-11-1974
Reaffirmed L-6
—11-11-1974
Amended L-6
8-11-1975
Adopted L-7 —
3-14-1977 ("Encroachments and Bay Access on Buena Vista Boulevard — Edgewater Avenue between Bay Avenue and Fernando Street")
Reaffirmed L-7
— 9-12-1977
Amended I-12 —
2-9-1981
Amended L-6
2-9-1981
Adopted L-10 —
8-24-1981 (incorporating I-12)
Amended L-6 —
11-23-1981
Amended L-10
—11-8-1982
Amended L-6 --
10-27-1986
Amended L-6 —
1-26-1987
Amended L-6 —
7-13-1987
Amended L-6 —
2-13-1989
Amended L-6 —
8-14-1989
Amended L-6 —
11-27-1989
Amended L-10
11-27-1989
Amended L-6—12-9-1991
Amended L-6—12-14-1992
Adopted L-18—1-11-1993
("Encroachments on Public Sidewalks")
Amended L-6 —
7-12-1993
Amended L-6 —
1-24-1994
Reaffirmed L-7
— 1-24-1994
Amended L-10
—1-24-1994 (changed to L-8)
Amended L-18
—1-24-1994 (changed to L-15)
Amended L-6 —
5-9-1994
Amended L-6 —
2-27-1995
Amended L-6 —
2-26-1996
Amended L-15
— 2-26-1996
Amended L-6 —
5-8-2001
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Amended L-7
5-8-2001
Amended L-8
— 5-8-2001
Amended L-6
— 1-27-2015
Amended L-6 — 8-14-2018 (incorporating L-7, L-8, and L-15) Amended L-6—11-27-2018
Amended L-6 — 12-11-2018
Amended L-6 — 11-14-2023
24-1325
City Council Policy L-21
Redlines
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SIDEWALK CAFE STANDARDS AND PROCEDURES
Purpose
These standards and procedures are adopted pursuant to Municipal Code Chapter 13.18, and any successor chapter, to encourage appropriate outdoor activities in the public right-of-way, to ensure that the space used for outdoor dining in the public sidewalk shall serve a public purpose, to ease the process of obtaining permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.
Definitions
Sidewalk Caf6. An outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.
These regulations do not apply to outdoor dining on private property.
General Provisions
A. Pefyfli Encroachment Permit required. Outdoor dining on a public sidewalk may occur only pursuant to a Sidewalk Cafe License Encroachment Permit (hereinafter "Encroachment Permit").
B. Sidewalk Cafes shall be prohibited in Shared Bicvcle/Pedestrian Facilities. Locations of Shared Bicycle/Pedestrian Facilities where sidewalk cafes are prohibited shall include the followingas fells:
Campus Drive — south side Von Karman Ave. to Jamboree Rd.
Irvine Avenue — east side Orchard Ave. to Bristol St.
Jamboree Road — west side Eastbluff Dr. North to Campus Dr.
MacArthur Boulevard east side Jamboree Rd. to Campus Dr.
Ocean Front F St. to McFadden Place & westerly line
of Ocean Front parking lot to 36th St.
Riverside Avenue — north side Cliff Dr. to 150 feet north of Avon Ave.
San Joaauin Hills Road — south side MacArthur Blvd. to Marguerite Ave.
San Miguel Drive — west side Port Sutton Dr. to San Joaquin Hills Rd. 1 24-1327
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San Miguel Drive - both sides San Joaquin Hills Rd. to Avocado Ave.
Prohibited locations; Outside dining shall not be permitted an sidewalks designated by City Ceti C. Peffni Pen -nit transfer. An Encroachment Permit may be transferred to a subsequent operator of the same establishment subject to approval by the Public Works Director and payment of an Encroachment Permit transfer fee established by resolution of the City Council. Prior to approval of the transfer the Public Works Director may modify the terms of the pefitEncroachment Permit as deemed appropriate to protect public health, safety and welfare.
D. Zoning requirements. Outdoor dining on a public sidewalk shall be subject to the requirements provided in Municipal Code Section 20.48.090 (Eating and Drinking Establishments, or any .,-user statute. An Encroachment Permit may be processed concurrently with any permits required by the Zoning Code.
the approval of Permits as appropriate to . liance,�A,ith he pfavisie this pahey. Standafd eenditiens af appfevEd afe pf evided in this Getifleil Pokey. in addition to Di to
EE. Authority of the Public Works Director; Appeal. The location and configuration of any sidewalk cafe shall be subject to approval by the Public Works Director, who shall consider public safety issues unique to the pedestrian and vehicular needs of the specific location when reviewing Encroachment Pen -nit applications. N t,.,ithst.,nding ., other- pr-evisions of this „else,, the A„1,1; existing permit if it is dete+mined to be detrimental to public health, safety er- gener-al . The deeision of the Publie Works Dir-eeter- Fnay be appealed te the City Manager- by the applicant deeision of the Gity Manage+ shall be final.
F. Inspection. The Public Works. Department may inspect improvements within the public right-of- wav at anv time without notice to the Permittee.
G. Conditions of approval. The Public Works Director shall have the authority to apply conditions to the approval of Encroachment Permits as appropriate to ensure compliance with the provisions of this policy. The following standard conditions of approval shall be included in the Encroachment Permit-
Gl . Indemnification. The Encroachment Permit shall contain a condition requiring the Permittee shall to defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under an Encroachment Permit, which language shall be approved by the City Attorney.
142. Insurance. The Encroachment Permit shall contain a condition requiring the Permittee to obtain and maintain insurance, which types and amounts
infor-ee, shall be determined by the Risk Manager. eempr-ehensiVe general liability, bread form propeFty damage and NA-4--ot e.ontr-Ae-tual hability insurance in a combined sing4e fimi 24-1328
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N3. P Encroachment Permit limitations. This „o,-mit ;s ; o,a : ri� nm-- nee. with Newport pokey, relating to autdoor dining on public sidewalks. , 41ssuance of the Encroachment this Ppermit does not imply that all governmental agency requirements for starting a new restaurant or expanding an existing one have been satisfied. Business owners are responsible for securing and complying with all required licenses and permits from other agencies including the state Alcoholic Beverage Control Board, the County Health Department, and the City of Newport Beach. Sale of alcoholic beverages in outdoor dining areas shall comply with Newport Beach Municipal Code Section 10.04.010 and Council Policy K-7 (Determination of Convenience and Necessity of Alcoholic Beverage OuflesPremises), or any sueeesser- statute T lahe .
04. No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings for recessed sleeves) shall be installed unless expressly approved by the Public Works Director.
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P5. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings adjacent to these dining areas shall maintain building egress as defined by the latest adopted editions of the -Title 24 of the California Code of Regulations, Tifle. 24-Disabled Access Standards, or any successor statute.
Q6. Management. Restaurant management shall operate the outdoor dining areas in compliance with the terms and conditions of thess Encroachment pPermit and shall not delegate or assign the responsibility. The Permittee shall ensure that sidewalk cafe patrons do not disturb persons on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words, or disruptive behavior.
R7. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, greases and oils, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items unless public trash receptacles located nearby are determined to be adequate by the Public Works Director. At the end of each business day, establishments are required to clean (sweep and wash) the entire sidewalk in and around the outdoor dining area (including street and gutter areas) and remove debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. Private trash receptacles shall be emptied daily.
-98. Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dining area shall be prohibited and the outdoor dining furniture shall be removed from the right-of-way unless otherwise approved in the Encroachment Permit.
9T. Plans and permits. All City -approved plans and permits for the outdoor dining area shall be kept on the premises for inspection at all times when the establishment is open for business. with all applie-a-b-lea statues and regulatie-44-s. A-4-a-m-agement may also prohibit smoking in the
10. Abatement. In the event that the Permittee fails to abide by the tenns and conditions of the Encroachment Permit, the Public Works Director may summarily abate any prohibited improvements and the Penmittee shall pay all costs incurred by the City to abate the prohibited improvements.
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W I L Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. 24-1330
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Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California and the City.
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Application Procedure
A. An Encroachment Permit shall be required for all encroaching furniture and improvements. The application shall be filed with the Public Works Department on a form provided by the Public Works Department. The application shall be signed by the owner of the property, or his authorized agent.
Authorized agents shall submit written authorization. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. All fixed features such as tree wells, signposts, parking meters, fire hydrants, news racks, etc. within twenty (20) feet of the encroachment zone shall be depicted on the site plan.
B. Prior to issuance of the Encroachment Permit the applicant shall provide both the Certificate of Insurance and the completed standard Special Endorsement in a form meeting the approval of the Public Works Director and the City Attorney.
Term
Valid Eeneroachment Ppermits shall remain in effect until modified or revoked.
Sidewalk Cafe Development Standards
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A. Horizontal clearance. A clear, continuous pedestrian path not less than six (6) feet in width shall be required for pedestrian circulation outside of the outdoor dining area, provided that the Public Works Director may require more than six (6) feet if necessary to protect the public safety. Areas with heavy pedestrian traffic shall be required to maintain a minimum of eight (8) feet clear width on the sidewalk. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved to City standards, between the outside boundary of the dining area and any obstruction, including but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized.
B. Allowable uses. An outdoor dining area may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor dining area.
C. Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner, a ten (10) foot setback from the corner of the building shall be maintained along both frontages.
When an outdoor dining area is located adjacent to a driveway or an alley, a five (5) foot setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining area is wider than usual or the perimeter of the building has an unusual configuration).
D. Extension to adjacent properties. Subject to approval of the Public Works Director and the limitations of Newport Beach Municipal Code Section 20.48.090(D), , an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and property owner.
Design Standards
A. Barriers.
1. No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of table and chairs abutting the wall of the establishment and if no alcohol shall be served.
2. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this policy and of the Alcoholic Beverage Control Board.
3. Barriers should complement the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather. Barriers must be seventy percent (70%) transparent and shop drawings showing the design must be submitted to the Public Works Department for approval upon request.
4. Barriers shall conform to the Public Works Department installation standards and be removable. Barriers and furniture shall be removed at the end of each business day unless otherwise approved by the Public Works Department. Barriers shall be designed to be sectional in nature and easily removed by no more than two people. Barriers may be 6 24-1332
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anchored through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases, however, when they are removed, the resulting surface must be flush with the sidewalk.
5. The height of any barrier shall not exceed three (3) feet six (6) inches.
B. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table umbrellas may be permitted, provided they do not interfere with street trees. No portion of an awning shall be less than eight (8) feet above the sidewalk and no portion of an umbrella shall be less than seven (7) feet above the sidewalk. Awnings may extend up to five (5) feet from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to installation of an awning. Heaters, electrical lighting, and/or planting shall not be attached to the awning structure.
C. Lighting. Outdoor lighting fixtures shall compliment the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit from the Building Department. Battery operated lamps or candles shall be permitted.
D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures shall compliment the architectural style and colors of the building facade and street furniture.
E. Signs. Notwithstanding any other provision in the Newport Beach Municipal Code, signs and logos shall be permitted on umbrellas in outdoor dining areas.
F. Heaters. Portable propane heaters shall be allowed within the outdoor dining area.
G. Landscaping. Any landscaped pots or planters, if desired, shall be placed within the permitted barrier. Such planters shall be portable and not line the barrier in a continuous fashion. The height of planter and plantings shall not exceed forty-two (42) inches. Barriers and awnings shall not be planted with vines. All planters and pots shall be placed on the interior of the barrier.
Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one (1) inch between saucers and sidewalk.
Fees
A. Application fee. An application fee established by resolution of the City Council shall be paid at the time an Encroachment Permit application is submitted to the Public Works Department. 24-1333
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B. Transfer fee. A transfer fee established by resolution of the City Council shall be paid at the time an Encroachment Permit transfer application is submitted to the Public Works Department.
C. Annual use fee. An annual use fee established by resolution of the City Council shall be paid upon annual renewal of an Encroachment Permit. No use fee shall be charged during the first year of operation.
Violation/Renz edy
The Public Works Director may revoke the Encroachment Permit at any time if it is determined that continued operation of the sidewalk cafe is detrimental to the public interest or the Permittee is in violation of the conditions set forth in the Encroachment Permit. i the event that n If a Permittee fails to abide by the provisions of this policy or the terms and conditions of an Eencroachment Ppermit, the Public Works Director may summarily abate any encroachment or improvement that is in violation of this policy or the terms and conditions of an Encroachment Permit. The Permittee or property owner shall pay all costs incurred by the City in abating the encroachment or improvement.
The Permittee or property owner may appeal to the City Manager the decision of the Public Works Director to revoke an Encroachment Permit or the cost incurred to abate an encroachment/improvement, within ten 10 days of receiving notice of the revocation or demand for payment of the abatement coststoshe City fir. The determination of the City Manager with respect to the a pealffbaten+ent shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. 1094.5.
History
Adopted L-19 -- 3-11-1996
Amended L-19 — 5-28-1996 (changed to L-21)
Amended L-21 — 3-22-1999
Amended L-21 — 4-23-2002
Amended L-21 — 8-14-2018
Amended L-21—11-14-2023
24-1334
ATTACHMENT H
Correspondence
24-1335
From:
Laura Curran
To:
Dept - City Council
Cc:
Brown, Leilani
Subject:
Comments for Council: SS2. Newport Beach Municipal Code and City Council Policy Update.
Date:
November 06, 2023 5:01:10 PM
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IL] DO NOT CLICK links
content is safe.
City Council members: The City Code is proposed for revision, as covered in the October 24, 2023 Council Study Session, as
SS2. Newport Beach Municipal Code and City Council Policy Update.
The Item report provides only outtakes of changes, and there is no Staff Report to provide context for the proposed changes. Further, the current City Code available at the Library does not appear to be up to date, so it is challenging for readers to cross-reference to the existing code.
Request: A Staff Report should be included with the upcoming Council Agenda item explaining the justification and context for the proposed changes. Questions related to specific areas are provided here. If a Staff Report is not available, then please provide a response to the items below.
General: Abbreviations should be written out. Example:
Cal. Bus. & Prof. Code is less searchable on line, than Business and Professions Code.
CCR should be California Code of Regulations.
If the purpose is to make the Code usable and accessible to residents, then the full name should be included in the Code section.
Questions /Comments regarding proposed Code Changes.
1. Section 5.43.030 - Need to DEFINE: State Video Franchise and State Franchise
5.43.030 State Video Franchise Fees.
A. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay a fee to the City equal to five percent (5%) of the Gross Revenue of that State Franchisee.
What State Franchises exist? Can new ones be formed? What authority does the City have over SVFs? Is a State Franchisee different from a State Video Franchise?
2. 1.07.025 Insurance. "The City Manager or Risk Manager may waive any of the requirements set forth in this section if they determine the requirement is unnecessary to protect the interests of the City." This section calls for the City Manager OR the Risk Manager to waive the insurance requirements.
This should be further clarified. Under what circumstances is a City Manager review required? What policies do other cities have? Likely risk levels exist where a CITYMANAGER should REVIEW and APPROVE a recommendation by the Risk Manager.
3. Assistant City Manager - Definition
The City currently has 2 Assistant City Managers, with different responsibilities. Is the City Manager allowed to delegate responsibility for any function to either City Manager, or is there a clear line of responsibility in place?
4.3.08.010 Amount of Tax Levy. Why is the Tax Levy section deleted? What services are impacted, and what funding, if any, will replace the Tax Levy funding?
Prior to September 1, annually, the City Council shall by resolution fix the rate of City and district taxes, designating the number of dollars and cents levied for each fund on each one hundred dollars ($100.00) 24-1336
of property valuation and shall levy the City taxes on the taxable property in the City.
In designating the rate levied for each fund and the City tax rate, computations shall be carried to the hundredth of a cent; fractions of a hundredth of a cent equal to a half or greater shall be considered as a hundredth of a cent and fractions of less than a half shall be disregarded.
3.08.020 Library Fund.
Pursuant to the assent of the majority of qualified electors of the City, voting at an election held on the twelfth day of April, 1938, a tax of five cents ($.05) shall be levied in each fiscal year upon each one hundred dollars ($100.00) of the assessed valuation of all taxable property within the City, for library purposes. Such tax shall be in addition to all other taxes which the City is authorized to levy. Such tax shall be collected in the same manner and at the same time as other municipal taxes are collected, and the proceeds therefrom shall be paid into the treasury of the City to the credit of the "library fund" and the money therefrom shall be expended for public library purposes in providing for and maintaining the public library for the City.
4. Chapter 3.26 - HEALTH CARE AND RECREATION FACILITIES REVENUE BOND ORDINANCE Why is this section deleted?
How has the City met the stated intent to enable nonprofit health care, recreational facilities to lower costs of those services, to provide better and more efficient service than would otherwise be available, and will enable nonprofit recreation facilities to provide sports or recreational opportunities that would otherwise be unavailable to residents of the City.
5.3.28.010 - What is the Source of the Visitor's Service Fee? The code section discusses how to spend the money. The source of the money, and who will pay it, are not described.
6. 13.09.010 - Requiring Automated irrigation in parkways is impractical. In many cases, bringing electric power, or other power to a parkway is prohibitive, so people will decline to plant a tree altogether.
7. Chapter 20.34 CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING Why is the this section deleted? How has the City satisfied the requirement? Or what has changed in the State law? Thank you,
Laura Curran
Newport Beach, CA
24-1337
From:
Denys Oberman
To:
Blom, Noah; O"Neill, William; Grant. Robyn; Kleiman, Lauren; Stapleton, Joe; Weigand, Erik; Avery, Brad Cc:
Leung, Grace; Brown, Leilani
Subject:
Comments re City Council SS2 proposed edits to Newport Beach Municipal Code- For the Public Record Date:
November 06, 2023 6:38:29 PM
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Mayor and Council Members:
We have formed an informal residents' working group to review the proposed edits to the NBMC, as presented in the last Council study session.
While we have read the entirety of the document presented at the Council Study Session, we have been unable to locate or access the entire current Newport Beach Municipal Code document.
Further, there is no Staff Report provided to support the recommended edits.
It is therefore not possible to complete a substantive review of the proposed changes, to determine the net impact on City code, and potential fundamental alterations to our regulatory framework.
We request that the Code be made available for the public to review. Without this context, we wonder how the Council or any stakeholder can actually understand what changes are being explicitly or implicitly proposed.
As per my comment at the previous Study Session, the roles of the various City representatives, and functional staff are not clearly defined, and references are sometimes conflictive.
Of particular concern are the functions and roles of: City Manager; Assistant City Manager ( now 2 incumbents); City Attorney; Police Chief; Director of Community Development; Director of Public Works; and Revenue.
The proposed edits refer to a Risk Manager, stated to be appointed by HR --- is there such an operating role at the City?
It would be helpful for the City Manager to articulate in writing the current City organization, in particular functional roles and responsibilities, so these could be properly updated and aligned for administration of Code . This is particularly needed in the sections of the Code pertaining to, Perm itting,Compliance and Enforcement.
Enforcement has been cited by members of the Council and senior staff as being, "Ineffective". With our increasing the City as a Visitor destination, with Visitor serving uses, activities and economic engines we need clear paths to maintain safety, security and an attractive ,sustainable environment .
We would respectfully request that the City determine the Sections of the Code that are of highest priority to evaluate and update, and focus the near -term effort on vetting and proposing their modification, update.
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Specific examples will be submitted shortly.
Thank you for your consideration.
Denys H. Oberman
Resident
Regards,
Denys H. Oberman, CEO
,u
OBERMAN Strategy and Financial Advisors
19200 Von Karman Avenue, 6th Floor
Irvine, CA 92612
Tel (949) 476-0790
Cell (949) 230-5868
Fax (949) 752-8935
Email: dho&obermanassociates.com
CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 949/476-0790 or the electronic address above, to arrange for the return of the documents) to us. 24-1339