HomeMy WebLinkAbout12 - Designating a Portion of CdM's as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays - AmendedCITY OF NEWPORT BEACH
870 Santa Barbara Drive
Newport Beach, California 92660
949-644-3681 1 949-644-3794 FAX
nbpd.org
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Miner, Chief of Police
DATE: February 25, 2025
SUBJECT: Agenda Item No. 12 - Ordinance No. 2025-3: Designating a Portion
of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport
Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor
Day Holidays
The boundaries for the proposed Safety Enhancement Zone have been clarified
in the revised ordinance to generally mirror Reporting District 44 (RD 44). The
staff report correctly lists statistics for RD 44. A redline version of the ordinance
is attached to this memorandum.
ORDINANCE NO. 2025-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DESIGNATING A
PORTION OF CORONA DEL MAR AS A SAFETY
ENHANCEMENT ZONE DURING THE MEMORIAL DAY,
FOURTH OF JULY INDEPENDENCE DAY, AND LABOR
DAY HOLIDAYS AND EXPANDING THE WEST
NEWPORT SAFETY ENHANCEMENT ZONE TO INCLUDE
THE MEMORIAL DAY AND LABOR DAY HOLIDA SI BV
AMENDING SECTION 1.04.060 (SAFETY ENHA ` EMENT
ZONE), CHAPTER 10.58 (POLICE SERVICES ,> A . �4 RGE
PARTIES, GATHERINGS OR EVENTS �N P_ TE
PROPERTY), AND SECTION 10.66,.060 (VI ATI1
PENALTY -CIVIL FINE) OF THE a
PO �� BEAC ,
MUNICIPAL CODE.
WHEREAS, the City of Newport Be , II��("City" t c ° My, governed by a
charter adopted by the citizens of the City;
A4�
WHEREAS, Article XI, Section 5( hestit of the State of California
("State") authorizes charter citie cenact�h respect to their municipal
affairs;
WHEREAS, Sec ' 200 o thety Charter vests the City Council with the
authority to make and a f ce s, rules nd regulations with respect to municipal
affairs subject only.y t -he r%c ions a ' limitations contained in the Charter and the
Affl
State Constitution, aE p r tocercise, or act pursuant to any and all rights,
powers, andprrvileges;ar p®iced bets granted or prescribed by any law of the State;
WHERE'Al ��cti6 1 04.060 (Safety Enhancement Zone) of the Newport
BeachcipalCodel'BMC") provides that the City Council may designate a
specifi t eog icafa as a "Safety Enhancement Zone" during a specific period
upon fi 4; Ong ` h �e geographical area is subject to unique conditions and
circumsta
s that create the potential for a significant threat to the public health and
safety, an at the imposition of enhanced penalties for violations of the NBMC will
reduce the threat;
WHEREAS, each year, the City continues to experience a large number of
visitors, heavy traffic, pedestrian and vehicle congestion, and unruly behavior on the
Memorial and Labor Day holidays, the weekends before the Memorial and Labor Day
holidays, as well as the July 4th Independence Day holiday (collectively "Holidays"),
which is due, in significant part, to the estimated 10,000 daily visitors to Corona del Mar
on these Holidays, with most people concentrated at Corona del Mar State Beach, Little
Ordinance No. 2025-3
Page 2 of 109
Corona del Mar Beach, Pirate's Cove Beach, Ocean Boulevard, and the surrounding
neighborhoods, as well as an estimated 50,000 daily visitors on these Holidays to the
Balboa Peninsula and West Newport Beach, with most people concentrated from Forty -
Fourth Street to the Newport Pier;
WHEREAS, the large gatherings in Corona del Mar, the Balboa Peninsula and
West Newport Beach during the Holidays and the unruly behavior of some visitors,
contributes to the consumption of alcohol in public areas and other violations of the
NBMC;
WHEREAS, for the Memorial Day holiday, in 2023 and 2024, the City's Police
Department received a combined total of 98 calls for service, made 5 arrests, and
issued 12 citations, feFin Corona del Mar repG444g-Sistrist-44 of AF^^ ^, w in the
area is -bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully
from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue
(north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East
Coast Highway and East Coast Highway to Avocado Avenue on the north, and the east
side of Avocado Avenue (and its extended alignment) from East Coast Highway to
Newport Harbor on the west, which area includes Pirate's Cove, Corona del Mar State
Beach, and Little Corona Beach, as well as the immediately adjacent parking lots,
roads, stairs, and paths that provide ingress/egress thereto San jeaquin Hills Read OR
the ReFth neaeMh„r Blvd on the west and Hazel DF;ve OR the east (hereinafter "the
Proposed Corona Del Mar Safety Enhancement Zone") and received 423 calls for
service, made 41 arrests, issued 14 citations, issued one Disturbance Advisement Card,
and issued one Large and Unruly Gathering citation in the West Newport Safety
Enhancement Zone;
WHEREAS, for the July 4th Independence Day holiday, in 2023 and 2024, the
City's Police Department received a combined total of 79 calls for service, made 3
arrests, and issued 18 citations, in the Proposed Corona Del Mar Safety Enhancement
Zone, and received 646 calls for service, made 48 arrests, issued 288 citations, issued
five Disturbance Advisement Cards, and issued 5 Large and Unruly Gathering Citations
in the West Newport Safety Enhancement Zone;
WHEREAS, for the Labor Day holiday, in 2023 and 2024, the City's Police
Department received a combined total of 122 calls for service, made 9 arrests, and
issued 23 citations, in the Proposed Corona Del Mar Safety Enhancement Zone, and
received 440 calls for service, made 27 arrests, issued 41 citations, and issued one
Disturbance Advisement Card in the West Newport Safety Enhancement Zone;
Ordinance No. 2025-3
Page 3 of 109
WHEREAS, there are 569 active short term lodging permits that have been
issued to owners of properties located in the Proposed Corona Del Mar Safety
Enhancement Zone (108 permits) and the West Newport Safety Enhancement Zones
(461 permits);
WHEREAS, the significant number of short term lodging units, large parties, and
narrow streets in these zones, significantly contributes to unlawful behavior and impairs
the ability of paramedics and ambulances and other first responders to access these
zones in the event of an emergency, creating the potential for a major disturbance in
these areas on the Holidays;
WHEREAS, in the 2024 calendar year there have been 16 code enforcement
violations involving short term lodging permits in the Proposed Corona del Mar Safety
Enhancement Zone and 118 in the West Newport Beach Safety Enhancement Zone;
WHEREAS, the City's strategy to protect the public's health and safety in
Corona del Mar during the Holidays has, to date, been successful in preventing any
major disturbance but has not: (i) eliminated potentially dangerous situations from
developing; (ii) guaranteed that sufficient law enforcement personnel are present to
respond to, and quell, a major disturbance; or (iii) ensured that emergency medical
personnel will be able to access persons in need of medical assistance;
WHEREAS, while there is no single solution to the problems experienced in
Corona del Mar during the Holidays, the designation of a portion of Corona del Mar as a
Safety Enhancement Zone and the resulting increase in fines and penalties, the
prohibition against alcohol deliveries, and the additional responsibilities imposed on
occupants and owners to prevent unruly behavior, will further reduce the potential for a
major disturbance and help ensure that law enforcement and emergency medical
personnel will be able to quickly and effectively respond to any emergency;
WHEREAS, the existing West Newport Safety Enhancement Zone has proven,
over time, to be very successful in curbing unruly behavior, enhancing the quality of life
for residents, and improving the experience of visitors to the City on the 4th of July
Independence Day holiday;
WHEREAS, extending the effectiveness of the West Newport Safety
Enhancement Zone to include the Memorial Day and Labor Day holidays will enhance
the quality of life for residents, and improve the experience of visitors to the City;
Ordinance No. 2025-3
Page 4 of 109
WHEREAS, the update to Section 1.04.060 (Safety Enhancement Zone) of the
NBMC requires modifications to Sections 10.58.010 (Findings and Purpose), 10.58.020
(Definitions), 10.28.030 (Police Services at Large Parties, Gatherings or Events
Requiring Second or Subsequent Responses), and 10.66.060 (Violation -Penalty -Civil
Fine) of the NBMC, to ensure consistent protection and enforcement in the Safety
Enhancement Zones;
WHEREAS, the City Council desires to continue to protect the public health,
safety and welfare by designating a portion of an area in Corona del Mar as a Safety
Enhancement Zone during the Holidays; and
WHEREAS, the City Council desires to continue to protect the public health,
safety and welfare by applying the regulations for the West Newport Safety
Enhancement Zone to the Memorial and Labor Day holidays.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby finds that, based on the number of visitors,
the narrow streets, the voluminous and repetitive crimes, and calls for service that result
in advisements, citations and arrests by police officers, there is a significant threat to the
public health, safety, and welfare of visitors and residents, which threat to the public
would be reduced by imposing increased responsibilities on the part of residents and
occupants through enhanced penalties for violation of provisions of the NBMC, in (i) the
area designated as the West Newport Safety Enhancement Zone on the Holidays, as
well as (ii) the portions of Corona del Mar bounded by the Pacific Ocean and Newport
Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east,
Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of
East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado
Avenue on the north and the east side of Avocado Avenue (and its extended
alignment) from East Coast Highway to Newport Harbor on the west which area
includes Pirate's Cove Corona del Mar State Beach, and Little Corona Beach San
jeaqUiR Hill Read OR the ROFth MaGArth r Blvd n the west and Hazel -Drive en. the
Area 4as well as PoFate's Cove, GoFona del MaF State BeaGh, and I-iffle Goren.;; Be-
(+nGludiag-as well as the immediately adjacent parking lots, a44d-roads, stairs, and paths
that provide ingress/egress thereto), on the Holidays.
Ordinance No. 2025-3
Page 5 of 109
Section 2: Section 1.04.060 (Safety Enhancement Zone) of the Newport
Beach Municipal Code is hereby amended to read as follows:
A. Designation Process. The City Council may by ordinance, or by resolution
upon a finding that there is a need to take action to protect the public health,
safety and welfare, designate a specific geographical area as a "Safety
Enhancement Zone" and specify the date and/or time that the designation is
effective upon a finding that the geographical area is subject to unique conditions
and circumstances during a specific period of time that create the potential for a
significant threat to public health and safety and that the threat would be reduced
by enhanced penalties for violations of provisions of this Code and increased
responsibilities on the part of residents and occupants in the area. The ordinance
or resolution establishing a Safety Enhancement Zone shall contain the following
provisions: (1) a description of the geographical area comprising the Safety
Enhancement Zone; (2) the date and time during which the Safety Enhancement
Zone designation is applicable to the geographical area; (3) the factual basis for
the designation; (4) the manner in which general notice of the Safety
Enhancement Zone and the penalties for violations shall be given; and (5) the
manner in which specific notice of additional duties, responsibilities and/or
restrictions shall be given to owners or occupants of property affected by the
Safety Enhancement Zone designation.
B. West Newport Safety Enhancement Zone. The City Council designates as a
Safety Enhancement Zone the area bounded by the Pacific Ocean on the south,
32nd Street and Newport Boulevard on the east, Pacific Coast Highway on the
north and 54th Street on the west. This designation is effective from (i) from
12:01 a.m. on the last Saturday in May until 11:59 p.m. on the last Monday in
May ("Memorial Day") during each year that the designation is in effect; (ii) 12:01
a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is
in effect; and (iii) from 12:01 a.m. on the Saturday before the first Monday in
September until 11:59 p.m. on the first Monday in September ("Labor Day")
during each year that the designation is in effect. The factual basis for this
designation is found in Ordinance 2025-3 and Ordinance 2003-5. Notice of
the Safety Enhancement Zone designation shall be posted on or before 6:00
p.m. on the Friday before Memorial and Labor Day, and on July 3rd and at no
less than three locations along Pacific Coast Highway, four locations along
Newport Boulevard/32nd Street, four locations along Oceanfront Walk/Seashore
Drive and two locations along 54th Street. In addition, letters advising of the
Safety Enhancement Zone designation and the fines, penalties and provisions
Ordinance No. 2025-3
Page 6 of 109
affected by the designation shall be sent, on or before April 15th, June 15th, and
August 15th, to each address and each owner of property (ownership determined
on the basis of the most recent property tax information available to the City)
within the Safety Enhancement Zone.
C. Corona del Mar Safety Enhancement Zone. The City Council designates as
a Safety Enhancement Zone the portions of Corona del Mar bounded by the
Pacific Ocean and Newport Harbor on the south Buck Gully from the Pacific
Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East
Coast Highwav), Dahlia Avenue (north of East Coast Highway) to East Coast
Highway, and East Coast Highway to Avocado Avenue on the north, and the east
side of Avocado Avenue (and its extended alignment) from East Coast Highway
to Newport Harbor on the west which area shall include Pirate's Cove, Corona
del Mar State Beach and Little Corona Beach as well as the immediately
adiacent parking lots, roads stairs, and paths that provide ingress/egress
thereto
Read on the north, MaGAFthur Blvd. on the west and Hazel Drive on the east,
r, paths that PFOYide i^^ /eg ess theme -This designation is effective from
(i) from 12:01 a.m. on the last Saturday in May until 11:59 p.m. on the last
Monday in May ("Memorial Day") during each year that the designation is in
effect; (ii) 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that
the designation is in effect; and (iii) from 12:01 a.m. on the Saturday before the
first Monday in September until 11:59 p.m. on the first Monday in September
("Labor Day") during each year that the designation is in effect. The factual basis
for this designation is found in Ordinance 2025-3 . Notice of the Safety
Enhancement Zone designation shall be posted on or before 6:00 p.m. on the
Friday before Memorial and Labor Day, and on July 3rd at no less than three
locations along P-acifiEEast Coast Highway, at least one location on MacArthur
Blvd south of San Miguel Drive on Marguerite Avenue south of San Joaquin
Hills Road, ,
H^z��:ePirates Cove, Corona del Mar State Beach and Little Corona Beach.
In addition, letters advising of the Safety Enhancement Zone designation and the
fines, penalties and provisions affected by the designation shall be sent, on or
before April 15th, June 15th, and August 15th to each address and each owner
of property (ownership determined on the basis of the most recent property tax
Ordinance No. 2025-3
Page 7 of 109
information available to the City) within the Corona del Mar Safety Enhancement
Zone.
Section 3: Section 10.58.010 (Findings and Purpose) of the Newport Beach
Municipal Code is hereby amended to read as follows:
The City Council finds and declares that.
A. The control of large parties, gatherings or events on private property is
necessary when such continued activity is determined to be a threat to the
peace, health, safety or general welfare of the public and the immediate control
of large parties, and the cessation of unruly or illegal behavior is essential to
preventing a major disturbance on Memorial and Labor Day, the weekend before
Memorial and Labor Day, and the July 4th Independence Day holiday in the
Safety Enhancement Zones;
B. The City of Newport Beach is a tourist destination with numerous beach
rentals;
C. This influx of tourists results in many large parties, gatherings or events;
D. Frequently, Police Officers have been required to make multiple return calls
on the same date to the location of a party, gathering or event to disperse
uncooperative participants;
E. Frequently, Police Officers have been required to make multiple calls to the
same location on different dates in response to repeated, large parties and
gatherings;
F. The return of Police Officers to a location constitutes a drain of manpower
and resources often leaving other areas of the City without police protection and,
in the case of the Safety Enhancement Zones on Memorial and Labor Day, the
weekends before Memorial and Labor Day, and the July 4th Independence Day
holiday, the return of Police Officers may be difficult if not impossible due to the
large crowds and the heavy workload of law enforcement personnel; and
G. The above conditions create a significant hazard to the safety of the Police
Officers and to peace, health, and safety of the public in general and, in the case
of the Safety Enhancement Zones, these conditions create an immediate
Ordinance No. 2025-3
Page 8 of 109
potential for a major disturbance that could result in serious injury or death to
members of the public and/or law enforcement personnel.
Section 4: Section 10.58.020 (Definitions) of the Newport Beach Municipal
Code is hereby amended to add the following definition:
"Safety Enhancement Zone" or "Safety Enhancement Zones" means each Safety
Enhancement Zone established pursuant to Section 1.04.060.
Section 5: Section 10.58.030 (Police Services at Large Parties, Gatherings or
Events Requiring Second or Subsequent Responses) Subsection (C) of the Newport
Beach Municipal Code is hereby amended to read as follows:
C. In the case of a large party, gathering or event on private property in a
Safety Enhancement Zone during the period that the designation is in effect, the
person or persons responsible for the party, event or gathering, the occupant or
occupants of the property and the owner or owners of the property are, jointly
and severably, responsible for immediately complying with a request from any
law enforcement officer to terminate all unruly or illegal behavior on the property
and shall be responsible, in addition to other fines and penalties provided by this
chapter, for the payment of a fine in the amount of three hundred dollars
($300.00) for each full ten (10) minute segment that unruly or illegal conduct
continues past the time that the law enforcement officer requests termination.
The initial call, or any subsequent call, may also result in the arrest and/or
citation of violators of the California Penal Code or other local regulations.
Section 6: Section 10.66.060 (Violation -Penalty -Civil Fine) Subsection B of the
Newport Beach Municipal Code is hereby amended to read as follows:
B. The following civil fines shall be assessed for violations of Section
10.66.020(A) that occur within a Safety Enhancement Zone, as established by
Section 1.04.060:
1. A civil fine not exceeding one thousand five hundred dollars
($1,500.00) for a first violation;
Ordinance No. 2025-3
Page 9 of 109
2. A civil fine not exceeding three thousand dollars ($3,000.00) for a
second and any subsequent violations within ninety (90) days of the first
violation.
Section 7: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 8: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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 9: The City Council finds the introduction and adoption of this
ordinance 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 10: Except as expressly modified in this ordinance, all other sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Ordinance No. 2025-3
Page 10 of 109
Section 11: The Mayor shall sign, and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 25th day of February, 2025, and adopted on the 11th day
of March, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
JOE STAPLETON. MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY AtTORNEY'S OFFICE
C. HARP, CITY