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HomeMy WebLinkAbout2026-08 - Designating a Geographical Area in West Newport and the Peninsula and a Portion of Corona del Mar as "Safety Enhancement Zones" During the Designated Spring Break Period Beginning on March 14th Through March 22nd and Beginning April 4th ThroughRESOLUTION NO. 2026-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, DESIGNATING A GEOGRAPHICAL AREA IN WEST NEWPORT AND THE PENINSULA AND A PORTION OF CORONA DEL MAR AS "SAFETY ENHANCEMENT ZONES" DURING THE DESIGNATED SPRING BREAK PERIOD BEGINNING ON MARCH 14TH THROUGH MARCH 22ND AND BEGINNING APRIL 4TH THROUGH APRIL 12TH, WHICH DESIGNATION IS NECESSARY TO ADDRESS ILLEGAL ACTIVITY DURING THESE HIGH -RISK PERIODS 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 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, pursuant to Section 1.04.060, the City Council may 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; WHEREAS, the 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; WHEREAS, in 2025, the City experienced a significant increase in crime such as curfew violations, noise disturbances, overcrowding, large unruly gatherings, and other violations of the law, during high -risk periods, especially during the designated Resolution No. 2026-8 Page 2 of 4 spring breaks for schools in the Phoenix, Arizona area (whose spring break begins this year on March 14th and ends on March 22nd) and in Clark County, Nevada (whose spring break begins this year on April 4th and ends on April 12th, 2026) (collectively "Spring Breaks"); WHEREAS, the violation of laws and permit conditions related to short-term lodgings including, but not limited to, illegal fireworks, excessive noise, drug or alcohol offenses, and unruly gatherings, during the Spring Breaks poses a significant threat to public health, safety, and welfare; and WHEREAS, the City Council seeks to balance public enjoyment of beaches and recreational areas with the protection of residents, visitors, and public safety personnel from unsafe or unlawful activities. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby designates the following areas as Safety Enhancement Zones: 1. West Newport / Peninsula: The area bounded by West Coast Highway on the north, Newport Boulevard from West Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west. 2. Corona Del Mar: 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 shall include 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 and egress thereto. Section 2: The Safety Enhancement Zones referenced in Section 1 shall be in effect from 12:01 a.m. on March 14th, the first day of the first Spring Break. until 11:59 p.m. on March 22nd, 2026, the last day of the first Spring Break, and from 12:01 a.m. on April 4th, the first day of the second Spring Break, until 11:59 p.m. on April 12th, 2026, the last day of the second Spring Break. Section 3: The City Council hereby finds that the geographical areas set forth herein are subject to unique conditions and circumstances during the designated times, Resolution No. 2026-8 Page 3 of 4 which creates 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 basis for the designation of the Safety Enhancement Zones is set forth in the accompanying staff report, this resolution and Ordinances 2026-_, 2025-3 and 2003-5. Section 4: General notice of the Safety Enhancement Zones shall be provided on or before 6:00 p.m. on Friday March 13th and Friday April 3rd at the following locations: 1. West Newport / Peninsula: No less than three locations along West Coast Highway, two locations along Newport Boulevard, two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street or Jo Anne Place. 2. Corona del Mar: No less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate's Cove, Corona del Mar State Beach and Little Corona Beach. Section 5: Specific notice of the Safety Enhancement Zones and the fines, penalties and provisions shall be sent before February 28, 2026, to owners of property within the Safety Enhancement Zones, based on the most recent property tax records. Section 6: Notice of the adoption subsection (A) (24) of Section 5.95.045 (Conditions) and the mandatory revocation provision set forth in subsection (A) (9) (a) Section 5.95.065 (Suspensions and Revocations) of the Newport Beach Municipal Code shall be sent to all short-term lodging owners in accordance with Newport Beach Municipal Code Section 1.08.080 by February 28, 2026. The notice shall inform the short term lodging property owners that a violation of the rules, regulations or laws set forth in Section 5.95.065 subsection (A)(9)(a) during a high -risk period, including the Spring Break designated herein as April 4th through April 12th, and as defined in Section 5.95.065 subsection (A)(9)(b), which violation relates in any way to the short- term lodging unit and that occurs on March 26, 2026, or thereafter, shall result in revocation of the short-term lodging permit. Section 7: 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 Resolution No. 2026-8 Page 4 of 4 more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 8: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 9: The City Council finds the adoption of this resolution 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: 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 10th day of February, 2026. Lauren Kleiman, Mayor ATTEST: Lena Shumway, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE baron C. Harp, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing Resolution No. 2026-8 was duly adopted by the City Council of said City at a regular meeting held on the 10th day of February, 2026, by the following vote, to wit: AYES: Mayor Lauren Kleiman, Mayor Pro Tern Noah Blom, Councilmember Michelle Barto, Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Sara J. Weber, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 2026. Lena Shumway City Clerk City of Newport Beach, California