HomeMy WebLinkAbout03 - Amending the NBMC to Add Provisions Related to the Protection of Pedestrians, Vehicle Traffic and LandscapingQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 9, 2025
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Jim Houlihan, Deputy Public Works Director/City Engineer - 949
644-3311, jhoulihan@newportbeachca.gov
TITLE Ordinance No. 2025-22: Amending Chapter 10.08 (Use of Public
Property and Interference with Public Access) of the Newport Beach
Municipal Code to Add Provisions Related to the Protection of
Pedestrians, Vehicle Traffic and Landscaping
ABSTRACT:
For many years, the City of Newport Beach has experienced increased costs and
maintenance issues resulting from pedestrian activity within roadway center medians.
These medians are designed exclusively to separate opposing lanes of vehicular traffic
and are not intended for pedestrian use. The presence of individuals in these areas poses
serious safety risks — especially in narrow medians — and leads to public infrastructure
damage, higher maintenance costs, and disruptions to traffic flow. The proposed
amendment to the Newport Beach Municipal Code aims to enhance public safety and
preserve the integrity of the City's infrastructure.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No.
2025-22, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Section 10.08.005 (Definitions) and Adding Section 10.08.012 (Safe Use
of Medians) to Chapter 10.08 (Use of Public Property and Interference with Public
Access) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code,
Relating to the Protection of Pedestrians, Vehicle Traffic and Landscaping, and pass
to second reading on September 23, 2025
DISCUSSION:
For many years, the City has observed pedestrians occupying roadway center medians,
leading to public safety concerns and increased maintenance and repair costs. These
medians are primarily located along high-speed arterial corridors and heavily used streets
and intersections in the city, including Pacific Coast Highway, MacArthur Boulevard,
Dover Drive, Jamboree Road, San Miguel Drive, San Joaquin Hills Road, Avocado
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Ordinance No. 2025-22: Amending Chapter 10.08 (Use of Public Property and
Interference with Public Access) of the Newport Beach Municipal Code to Add
Provisions Related to the Protection of Pedestrians, Vehicle Traffic and Landscaping
September 9, 2025
Page 2
Avenue, Newport Coast Drive, Newport Boulevard, and West/East Balboa Boulevard.
They are designed to function as safety buffers that separate opposing lanes of vehicular
traffic. However, their use for unintended purposes has created significant issues,
including the following:
Public Safety: According to the Federal Highway Administration (FHWA), 17 percent of
all traffic fatalities are related to pedestrian crashes. Individuals located in roadway
medians pose a distraction to motorists and are at increased risk of injury, especially in
narrow or unraised medians that do not provide adequate protection or sight distance.
Infrastructure Damage: Landscaping, irrigation and decorative hardscape features are
frequently damaged by unauthorized pedestrian activity, increasing the City's
maintenance and repair costs.
Non -Compliance with Federal Guidelines: The FHWA recommends that medians or
refuge islands be more than 48 inches wide and preferably 96 inches wide, for the median
or refuge island to be considered safe for temporary occupancy.
The proposed ordinance is designed to increase public safety and reduce the City's
maintenance and repair costs by prohibiting pedestrian presence on the portions of
medians that are: (1) not raised; (2) contain landscaping, irrigation or decorative
hardscape; and (3) that are under 48 inches wide by 48 inches long.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A —Ordinance No. 2025-22
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ATTACHMENT A
ORDINANCE NO. 2025-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 10.08.005 (DEFINITIONS) AND ADDING
SECTION 10.08.012 (SAFE USE OF MEDIANS) TO
CHAPTER 10.08 (USE OF PUBLIC PROPERTY AND
INTERFERENCE WITH PUBLIC ACCESS) TO TITLE 10
(OFFENSES AND NUISANCES) OF THE NEWPORT
BEACH MUNICIPAL CODE, RELATING TO THE
PROTECTION OF PEDESTRIANS, VEHICLE TRAFFIC
AND LANDSCAPING
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs, subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and further grants
the City Council the power to exercise, or act pursuant to any and all rights, powers, and
privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, numerous medians in Newport Beach have been enhanced with
landscaping and design improvements to promote visual aesthetics, environmental
quality, and community character;
WHEREAS, the standing or walking on improved medians can cause significant
damage to irrigation systems, vegetation, decorative hardscape, and other
improvements, resulting in increased maintenance and replacement costs borne by the
City and its taxpayers;
WHEREAS, the presence of pedestrians on medians, particularly those that are
not designed for pedestrians, poses a substantial safety hazard to both pedestrians and
motorists because the pedestrians distract drivers, especially in areas with high traffic
volumes and limited sight distances;
WHEREAS, the Federal Highway Administration (FHWA) recommends installing
medians or pedestrian refuge islands to improve safety and help protect the public and
drivers, particularly in areas with multilane intersections and a significant mix of
pedestrian and vehicle traffic, provided that the medians or refuge islands are, at a
minimum, 48 inches wide (FHWA, Proven Safety Countermeasures);
WHEREAS, many arterial roads, streets, and intersections in the City - including
Pacific Coast Highway, MacArthur Boulevard, Dover Drive, Jamboree Road, San Miguel
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ATTACHMENT A
Ordinance No. 2025-
Page 2 of 7
Drive, San Joaquin Hills Road, Avocado Avenue, Newport Coast Drive, Newport
Boulevard, and West/East Balboa Boulevard - feature raised medians to facilitate traffic
flow and enhance pedestrian safety;
WHEREAS, it is unsafe for any person to stand or walk on any unraised median
or raised/improved median that lacks an improved, flat, raised surface of more than
forty-eight (48) inches in width and forty-eight (48) inches in length, as such medians do
not provide adequate protection for pedestrian use; and
WHEREAS, the City Council finds that this ordinance is necessary to preserve
the integrity of public landscaping, reduce avoidable replacement/maintenance costs,
enhance traffic safety, and protect both pedestrians and motorists from the unsafe use
of medians that are not designed for pedestrian use.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The table for contents for Chapter 10.08 (USE OF PUBLIC
PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS) of the Newport Beach
Municipal Code is hereby amended and shall read as follows:
Chapter 10.08
USE OF PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS
Sections:
10.08.005 Definitions.
10.08.010 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or
Placing Personal Property in the Public Rights -of -Way.
10.08.012 Safe Use of Medians.
10.08.015 Public Assemblage —Blocking Entrance.
10.08.020 Molesting Pedestrians.
10.08.030 Use of Public Property for Commercial Purposes.
10.08.040 Shining of Lights Into Dwelling.
Section 2: Section 10.08.005 (Definitions) of Chapter 10.08 (USE OF PUBLIC
PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS) of the Newport Beach
Municipal Code is hereby amended and shall read as follows:
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ATTACHMENT A
10.08.005 Definitions.
Ordinance No. 2025-
Page 3 of 7
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section:
"Beach" or "beaches" means any public ocean front or bay front beach within the City,
including ocean or bay public piers, public floats, public wharves, or public strands
adjoining public ocean front or bay front beach areas.
"Cancer treatment center" means a facility for the treatment of cancer located in a
mixed -use horizontal zone.
"College" means an institution of higher education, including a community or junior
college, college or university including, but not limited to, Orange Coast College and
Coastline College.
"Day care center" shall have the same meaning as set forth in Section 1.08.120.
"Improved Median" means the portion of any median that contains landscaping,
irrigation, or decorative hardscape including, but not limited to, stamped or patterned
concrete, pavers or bricks, and permeable paving.
"Landscaped area" means all improved landscaped areas, except for open grass areas.
"Median" means any area within a public roadway that separates opposing lanes of
traffic and is not intended for vehicular travel.
"Pedestrian refuge island" means a raised area specifically designed to provide a safe
place for pedestrians to pause while crossing multilane streets, often in the form of an
island, constructed in the middle of a road to provide a place to wait for an adequate
gap in incoming traffic before finishing the second phase of crossing. For purposes of
this chapter, the Public Works Director shall determine if an island is a pedestrian
refuge island. A copy of all islands determined to be a pedestrian refuge island shall be
kept on file with the City Clerk.
"Personal property" means any tangible property, and includes, but is not limited to,
goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping
bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture,
appliances, and personal items such as household goods, luggage, backpacks, and
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ATTACHMENT A
Ordinance No. 2025-
Page 4 of 7
clothing. Personal property does not include property that is secured inside of a motor
vehicle; items expressly authorized by a public entity to be on public property owned or
controlled by the public entity; or items authorized to be on public property pursuant to
this Code, a license, or permit issued by the City.
"Public plaza" means an open public area that is owned or controlled by the State, the
County, the City, or other public entity that has been physically improved, which allows
access to the beach, a boardwalk, or public pier, and where people can gather. A public
plaza does not include the sandy and rocky portions of the beach, areas with grass or
soft landscaping, or a public park.
"Public property" means all property owned or controlled by the State, the County, the
City, or other public entity including, but not limited to, any publicly owned or controlled
building, structure, restroom, bridges, beach, parking garage, parking lot, passageway,
pier, public right-of-way, public plaza, driveway, landscaped area, parkway, median,
greenbelt, open space, public park, or park facility.
"Public rights -of -way" or "public right-of-way" means the area or areas on, below, or
above a public roadway, public highway, public street, public sidewalk, public path,
public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a
utility easement in which the City has interest.
"Raised Median" means a median that includes a paved or concrete surface elevated
above the level of the adjacent travel lanes.
"School" shall have the same meaning as set forth in Section 1.08.120.
"Store," "stored," "storing" or "storage" means to put personal property aside, to
accumulate for use when needed or to put for safekeeping. Moving personal property to
another location on public property or returning personal property within one thousand
(1,000) feet from a location where a person previously received a citation for violation of
Section 10.08.010 within a thirty (30) day period shall be considered storing personal
property and shall not be considered to be removing the personal property from public
property.
"Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material
that is not open on all sides, and which hinders an unobstructed view behind or into the
area surrounded by the tarp, cover, hut, structure, enclosure, or shelter. A tent does not
include any shade covering used in accordance with Section 11.08.020.
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ATTACHMENT A
Ordinance No. 2025-
Page 5 of 7
"Unattended" means no person is present with the personal property who asserts or
claims ownership over the personal property. Personal property left outside of a building
or shelter at a public park or on the sandy/rocky portion of any beach shall not be
considered "unattended" unless there is no person present who asserts or claims
ownership over the personal property for one hour or more.
Section 3: Section 10.08.12 (Safe Use of Medians) of Chapter 10.08 (USE OF
PUBLIC PROPERTY AND INTERFERENCE WITH PUBLIC ACCESS) is added to the
Newport Beach Municipal Code and shall read as follows:
10.08.012 Safe Use of Medians.
A. Purpose. The purpose of this section is to promote public safety and preserve
City infrastructure by prohibiting unsafe or damaging conduct on medians, particularly
those that are landscaped, have decorative hardscape, or are not designed for
pedestrian occupancy. The City has determined that the presence of individuals on
such medians presents a safety hazard to both pedestrians and motorists and causes
damage to public landscaping and decorative hardscape improvements.
B. Prohibited Conduct. Except as provided in subsection C, it is unlawful for any
person to stand or walk on any median within the City under any of the following
conditions:
1. The median is not a raised median;
2. The location where the person is standing or walking is an Improved
Median; or
3. The location where the person is standing or walking does not provide a
flat paved or concrete surface area that is more than forty-eight (48) inches in width by
forty-eight (48) inches in length.
C. Exceptions. This section shall not apply to:
1. City employees or contractors including, but not limited to, emergency
personnel, performing their duties, maintenance, or other authorized work;
2. A person standing or walking in a designated pedestrian refuge island; or
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ATTACHMENT A
Ordinance No. 2025-
Page 6 of 7
3. If the vehicular traffic on the street or intersection is prohibited or limited
for a City sponsored event or an event for which the City has issued a special event
permit.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: 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 6: 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 7: 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.
ATTACHMENT A
Ordinance No. 2025-
Page 7 of 7
Section 8: 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 9t" day of September, 2025, and adopted on the 23d day
of September, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Adro4 C. Harp, City Att ney
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