HomeMy WebLinkAbout2023-78 - Amending and Repealing Various City Council PoliciesRESOLUTION 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 Tern 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;
Resolution No. 2023-78
Page 2 of 3
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.
Resolution No. 2023-78
Page 3 of 3
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 Nc
ATTEST:
�&dp"ts'
1
Leilani I. Brown
City Clerk �a
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AaroA C. Harp
City Attorney
Attachment: Exhibit 1 - Revised City Council Policies
EXHIBIT 1
Revised City Council Policies
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.
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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 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 I-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 I-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-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
IM
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;
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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.
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.
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.
The Recreation & Senior Services Director will generally determine Third Parry 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 Parry 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 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]
History
Adopted I-18 —
7-27-1981
Amended 1-18
— 10-22-1984
Amended I-18
— 11-28-1988
Amended 1-18
—10-22-1990
Amended 1-18
— 1-24-1994 (changed to 1-6)
Amended 1-6 —
5-22-2001
Amended 1-6 —
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 RULE
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.
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.
Property Fee is charged per day of use.
M.
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:
Activrty
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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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 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
M.
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 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
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 1 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 1-21
—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 1-8 —
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.
District use only.
Joint use City/District w/District as first priority.
City exclusive use.
Joint scheduling w/City priority.
B. 9:00 A.M. - 9:00 P.M. City exclusive use.
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 detennined 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 1-24
— 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 13-10
— 8-8-2017
Amended 13-10
— 11 - 14-2023
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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 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.
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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.
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 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 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.
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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
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.
B-13
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 I-5—11-26-1979
Amended G-4 and I-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 I-5 — 4-23-1984
Amended I-5—11-28-1988
Amended I-5—11-27-1989
Amended I-5 —
3-25-1991
Adopted 1-25 —
5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5)
Amended I-25
— 5-8-2001
Amended 1-25
— 4-23-2002
Amended 1-25
— 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 B-13
— 5-14-2013
Amended B-13
— 5-12-2015
Amended B-13
— 8-8-2017
Amended B-13
— 11-14-2023
G
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:
1. 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 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
C
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 I-28 —
2-26-2002
Amended I-28
— 4-8-2003 (changed to B-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
C
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
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.
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.
B-17
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:
i. 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.
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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-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.
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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
1. 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 1-15—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 B-17 —
6-26-2012
Amended B-17 —
8-8-2017
Amended 13-17 —
9-10-2019
Amended B-17—11-14-2023
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 -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 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.
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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
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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.nenortbeachea.gov/government/departments/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.newportbeachea. ov/government/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 III. 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.
G-1
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)
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-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
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)
Phoneix canariensis (5)
Myoporum laetum (2)
Phoenix canariensis (2)
Eucalyptus globulus (49)
TREES 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/ 241h 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
(17th 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.
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
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
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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.
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
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pwinfo gnewportb eachc a. 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.
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 1-19
—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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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 detennined 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 encroachmentpermit 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.
I. 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 turf will
be discontinuous, with the 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 agreementfor 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:
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.
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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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I. 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 on-
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
Improvements shall be installed at the expense of the adjacent property owner.
All work shall be installed to grades established by the Public Works Department.
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.
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
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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
1. 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
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
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
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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L-6
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
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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 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 36th 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:
1. 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 caf6 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 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.
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E. Sites. 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 Permittee 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.
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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
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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, being Resolution
No. 2023-78 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 141h day of November, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of November, 2023.
Leilani I. Brown
City Clerk
Newport Beach, California