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HomeMy WebLinkAboutInitial Safety Subcommittee Input on Goals and Policies Current Goals & Policy Implementation for the Safety Element With Subcommittee Member Comments City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 1 General Plan Safety Element: Goals, Policies, and Current Implementations 1.1-1.5: Protection of people and property from the adverse effects of coastal hazards related to tsunamis and rogue waves. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 1.1 Evacuation Routes - Review local and distant tsunami inundation maps for Newport Beach and adjacent coastal communities as they are developed to identify susceptible areas and plan evacuation routes. (Imp 28.2) The City works with the California Governor’s Office of Emergency Services (Cal OES) annually to review the tsunami inundation maps to ensure they are up to date. Source: Emergency Operations S 1.2 Evacuation Response Plans - Participate in any regional effort to develop and implement workable response plans that the City’s emergency services can adopt immediately for evacuation in the case of a tsunami warning. (Imp 14.1, 28.2) The City Tsunami Annex is updated annually to include any and all changes required. Source: Emergency Operations S 1.3 Beach Replenishment - Maintain beach width, critical protection against tsunami run-up for structures along the oceanfront, through such projects as the Surfside-Sunset/West Newport Beach Replenishment Program. (Imp 22.1, 23.2) Continue to coordinate with outside agencies (Army Corp of Engineers, State Division of Boating and Waterways, County of Orange). Source: Public Works • More robust management – where is erosion occurring? • Consider adopting an annual budget to research and implement more solutions to this issue • Partner with other organizations to focus on more issues than just loss of beach width (e.g., recreation, habitat, etc) • Work with region to advocate for assistance S 1.4 Education Program - Develop and implement a tsunami educational program for residents, visitors, and people who work in the susceptible areas. (Imp 29.1) Numerous educational efforts are in place to prepare the community for tsunamis. March is National Tsunami Awareness month and during the month public workshops are offered, evacuation drills are conducted, and community meetings are conducted. Additionally, eight education kiosks are located in the tsunami inundation area for the community and visitors. Source: Emergency Operations S 1.5 Tsunami Research - Support tsunami research in the Newport Beach offshore and Newport Bay areas. (Imp 28.1) Coordination with outside agencies to collect data Source: Emergency Operations Misc Related Comments: • Consider adding a policy on tidal flooding- perceived gap in policy to address • The City should create a new commission - "Safety and Resiliency” or “Safety and Natural Disasters" (or similar) that would work closely with Katie Eing, Newport Beach Fire Marshall James Gillespie and CERT coordinator Josh Leith to educate residents and provide outreach 2.1-2.7 City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 2 Protection of people and property from the adverse effects of coastal hazards related to storm surges and seiches. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 2.1 Wave Up-Rush and Impact Reports - Prepare and periodically update (every 5 years) comprehensive wave up-rush and impact reports for shoreline and coastal bluff areas subject to wave action that will be made available to applicants for new development on a beach or coastal bluff property. (Imp 28.1) The City does not currently prepare comprehensive wave-rush up and impact reports on a 5-year basis. Instead, as new development is proposed along the ocean or bay front, the City's Local Coastal Program Implementation Plan (Title 21) requires various reports to be prepared and submitted as part of the Coastal Development Permit review process for each new development proposal. NBMC Section 21.30.015(E) -Development in Shoreline Hazardous Areas- requires the preparation of Coastal Hazardous Report (to evaluate erosion, flooding, wave run up, or wave impacts, including those from sea level rise) and Geologic Stability Report (to evaluate potential geologic or seismic hazards). Section 21.30.015 Source: Planning Division • Conduct regular vulnerability reports and presented to public (Consider publishing annual report) • Plans for tidal flooding – different for harbor + beach • Early and more effective communications when flooding is likely S 2.2 Shoreline Management Plans - Develop and implement shoreline management plans for shoreline areas subject to wave hazards and erosion. Shoreline management plans should provide for the protection of private property, public improvements, coastal access, public opportunities for coastal recreation, and coastal resources. (Imp 21.2) Current management consists of beach/sand replenishment, berming, sand back-passing, beach nourishment, similar to S 1.3 Source: Public Works • Add to management plan to include: o Local efforts for beach nourishment o Sand and erosion measurement o Opportunity for native solutions (i.e. grass, dunes, etc) • Explore opportunities for non native solutions S 2.3 Use of Temporary Shoreline Protection – Utilize temporary sand dunes in shoreline areas to protect buildings and infrastructure from wave up- rush, while minimizing significant impacts to coastal access and resources. (Imp 21.2) NBMC Section 21.30.030(D)(3)© authorizes temporary sand berms and/or permanent sand dunes to be installed to protect structures from wave uprush, provided that their installation minimizes significant impacts to coastal access and resources. Temporary sand berms shall avoid all areas of existing southern foredune and southern dune scrub habitat. Section 21.30.030 Source: Planning Division • What measures can be implemented towards permanent shoreline protection? • Expanded along areas • Perform outreach to the community- what does community think about temporary shoreline protection? S 2.4 Use of Existing Shoreline Protection - Encourage the use of existing sand dunes with native vegetation as a protective device in beach areas. (Imp 21.2) Agencies need to fund to reinforce efforts to restore, along with resident support Source: Public Works • Newport could self-fund • Conduct vulnerability report – fund areas where lacking services are needed to bolster • Identify relevant agencies and jurisdiction and assign responsibilities for procurement of grant funds and coordination S 2.5 Shoreline Protection Alternatives - Encourage the use of nonstructural methods, such as dune restoration and sand nourishment, as alternatives to shoreline protective structures. (Policy HB 13.4) (Imp 8.1, 21.2) Agencies need to fund to reinforce efforts to restore, along with resident support Source: Public Works S 2.6 Maintenance of Storm Drains - Maintain and regularly clean out storm drains in low lying areas, as necessary, such that flood waters can be The City is well-prepared to minimize damage to property in the event of flooding due to high tides or rain. The City's Storm Drain Crew maintains and operates 86 tidal valves at the end of select streets along the bay. The tidal valves are in place to prohibit rising tide water from entering the • Plan to raise sea walls – Balboa Island and low- lying areas City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 3 effectively conveyed away from structures. (Imp 18.1) street through the storm drain openings. Additionally, crews operate 18 pumps that drain street ends of standing water. Utilities Storm Drains Website Source: Municipal Operations S 2.7 Residential Design - Require new or remodeled residential structures in areas susceptible to storm surge to raise floor elevations as required by building codes. (Imp 7.1) NBMC Chapter 15.50 addresses floodplain management in the City. Section 15.50.200 requires all new construction and all substantial improvements of structures to meet certain construction standards, including raising the floor elevations. Compliance review occurs at plan check for building permits. Chapter 15.50 Source: Planning Division Misc Related Comments: • Consider developing a bulkhead improvement plan for privately owned residences that includes phasing and triggers for required height increases or replacement 3.1-3.12 Protection of people and property from the adverse effects of coastal erosion. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 3.1 Coastal Hazard Studies - Prepare and periodically update comprehensive studies of seasonal and long-term shoreline change, episodic and chronic bluff retreat, flooding, and local changes in sea levels, and other coastal hazard conditions. (Imp 28.1) See response to S2.1 for City review on an individual basis for review of new development. Source: Planning Division + Public works • Vulnerability assessment needed on a more regular basis. Different than our project specific CDP development assessment. • What can the city do with the current budget? o Can the city go alone? S 3.2 Beach Width Monitoring - Monitor beach width and elevations and analyze monitoring data to establish approximate thresholds for when beach erosion or deflation will reach a point that it could expose the backshore development to flooding or damage from storm waves. (Policy HB 13.6) (Imp 28.1) In 2006, the City initiated a shoreline monitoring program to develop a quantitative understanding of changes in the condition of the City's beaches. Since its initiation, a total of 19 surveys have been completed. Source: Public Works • Surveys are limited – would like to see best in class above/below ground sand models S 3.3 Maintenance of Beach Width and Elevations - Develop and implement a comprehensive beach replenishment program to assist in maintaining beach width and elevations. Analyze monitoring data to determine nourishment priorities, and try to use nourishment as shore protection, in lieu of more permanent hard shoreline armoring options. (Policy HB 13.5) (Imp 8.1, 21.2) See S 3.2. Beach width monitoring will continue and be used in future decisions. Source: Public Works • Budget – path to capital improvements • Partner with other agencies or organizations • Measurements – need to know where to put efforts • Active leadership S 3.4 Minimization of Shoreline Process Effects – Maintain existing groin fields and jetties and modify Would like to increase, raise and/or extend existing groins by working with Army Corp of Engineers, who Federally would be responsible to be the lead agency for bolstering structures • Study and develop a timeline City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 4 as necessary to eliminate or mitigate adverse effects on shoreline processes. (Imp 21.1) Source: Public Works S 3.5 Protection of Coastal-Dependent Uses - Permit revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls and other structures altering natural shoreline processes or retaining walls when required to serve coastal- dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. (Imp 21.1) NBMC Sections 21.30.030(C)(3) establishes the development standards applicable to the construction of protective structures. Specifically, Section 21.30.030(C)(3)(i) sets forth allowances for bulkheads needed to protect existing structures and adjacent development or public facilities. Section 21.30.030 Source: Planning Division • Can we incentivize private owners to retrofit or raise? • What do we have available to incentivize and/or provide funding opportunities? • This can be detrimental if efforts are not uniform across the entire shoreline, where weak spots can allow for infiltration and flooding. Can incentives work for private property owners to join in to keep up with surrounding efforts? S 3.6 Siting of Shoreline Protective Devices - Design and site protective devices to minimize impacts to coastal resources, minimize alteration of natural shoreline processes, provide for coastal access, minimize visual impacts, and eliminate or mitigate adverse impacts on local shoreline sand supply. (Imp 21.1) NBMC Sections 21.30.030(C)(3) establishes the development standards applicable to the construction of protective structures. Specifically, Section 21.30.030(C)(3)(d) establishes the siting requirements. Section 21.30.030 Source: Planning Division • Can we be specific about what devices? • Use vulnerability assessment to address exactly WHERE S 3.7 Shoreline Protective Devices on Public Land - Discourage shoreline protective devices on public land to protect private property/development. Site and design any such protective devices as far landward as possible. (Imp 21.1) NBMC Sections 21.30.030(C)(3) establishes the development standards applicable to the construction of protective structures. Specifically, Section 21.30.030(C)(3)(d) establishes siting requirements, including a requirement to be as far landward as possible and within private property, where feasible. Furthermore, Section 21.30.030(C)(3)(h) require removal from State Tidelands or encroachment agreements. Section 21.30.030 Source: Planning Division • Can we be specific about what devices? • Use vulnerability assessment to address exactly WHERE S 3.8 Shoreline Protective Device Use - Limit the use of protective devices to the minimum required to protect existing development and prohibit their use to enlarge or expand areas for new development or for new development. “Existing development” for purposes of this policy shall consist only of a principle structure, e.g. residential dwelling, required garage, or second residential unit, and shall not include accessory or ancillary structures such as decks, patios, pools, tennis courts, cabanas, stairs, landscaping etc. (Imp 2.1) NBMC Sections 21.30.030(C)(3) establishes the development standards applicable to the construction of protective structures. Specifically, Section 21.30.030(C)(3)(b) prohibits construction of protective structures for the purpose of enlarging or expanding areas for new development. However, this shall not preclude the expansion or encroachment into coastal waters to the minimum extent necessary to repair, maintain, or replace an existing protective device that is in general alignment with any adjacent protective device(s). Under no circumstances shall the backfill be used to create new usable land areas. Section 21.30.030 Source: Planning Division • Seems subjective without a regular study to guide where use is needed S 3.9 Shoreline Protection for New Development - Require property owners to record a waiver of future shoreline protection for new development during the economic life of the structure (75 years) as a condition of approval of a coastal development NBMC Section 21.30.030(C)(3) establishes the development standards applicable to the construction of protective structures. Specifically, Section 21.30.030(C)(3)(g) establishes limits on authorization of protective devices. Section 21.30.030(C)(3)(i)(iv) requires a condition of approval for new development an agreement between the landowner, including its successors and assigns, and the City in favor of the City, in a form approved by the City Attorney, and recorded by the applicant, City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 5 permit for new development on a beach or shoreline that is subject to wave action, erosion, flooding, landslides, or other hazards associated with development on a beach or bluff. Shoreline protection may be permitted to protect existing structures that were legally constructed prior to the certification of the LCP, unless a waiver of future shoreline protection was required by a previous coastal development permit. (Imp2.1) waiving rights to future protection, including repair or maintenance, enhancement, reinforcement, or any other activity affecting the bulkhead, that results in any encroachment seaward of the authorized footprint of the bulkhead. Section 21.30.030 Source: Planning Division S 3.10 Bluff Stabilization - Site and design new structures to avoid the need for shoreline and bluff protective devices during the economic life of the structure (75 years), unless an environmentally acceptable design to stabilize the bluff and prevent bluff retreat is devised. (Imp 2.1) NBMC Section 21.30.030 (Natural Landform and Shoreline Protection) provides regulations for the protection of natural landforms and shoreline features. The intent includes ensuring that development is sited and designed to minimize hazards to life and property; to ensure the structural integrity of bluffs and canyons; and to neither create nor contribute to erosion or adverse impacts on shoreline sand supply and the shoreline. Specifically, Section 21.30.030(C)(7) includes site design and construction technique requirements that minimize adverse impacts on bluffs and canyons Section 21.30.030 Source: Planning Division • Use of dunes and bluffs as first line of defense when beaches are eroding beyond X feet • Need to establish what the critical value is for triggering additional efforts. S 3.11 New Development Impact on Coastal Erosion - Require that applications for new development with the potential to be impacted or impact coastal erosion include slope stability analyses and erosion rate estimates provided by a licensed Certified Engineering Geologist or Geotechnical Engineer. (Imp 7.1) NBMC Section 21.30.015(E) -Development in Shoreline Hazardous Areas- requires the preparation a Geologic Stability Report as part of the coastal development permit review for new development to evaluate potential geologic or seismic hazards. Section 21.30.015 Source: Planning Division S 3.12 Minimization of Coastal Bluff Recession - Require new development adjacent to the edge of coastal bluffs to incorporate drainage improvements, irrigation systems, and/or native or drought-tolerant vegetation into the design to minimize coastal bluff recession. (Imp 7.1) NBMC Section 21.30.030 (Natural Landform and Shoreline Protection) provides regulations for the protection of natural landforms and shoreline features. The intent includes ensuring that development is sited and designed to minimize hazards to life and property; to ensure the structural integrity of bluffs and canyons; and to neither create nor contribute to erosion or adverse impacts on shoreline sand supply and the shoreline. Specifically, Section 21.30.030(C)(2) includes specific landscape and irrigation standards designed to minimize coastal bluff and canyon erosion. Section 21.30.030 Source: Planning Division 4.1-4.7 Adverse effects caused by seismic and geologic hazards are minimized by reducing the known level of risk to loss of life, personal injury, public and private property damage, economic and social dislocation, and disruption of essential services. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 4.1 Updating of Building and Fire Codes - Regularly update building and fire codes to provide for seismic safety design. (Imp 7.1) The California Building Code (CBC) is on a triennial code adoption cycle. Newport Beach amends and adopts the CBC as allowed by California law on January 1st of the year following state adoption. NBMC 15.02.010 • Do fire codes include landscaping/hardscaping, materials on homes? City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 6 Source: Building Division S 4.2 Retrofitting of Essential Facilities - Support and encourage the seismic retrofitting and strengthening of essential facilities such as hospitals and schools to minimize damage in the event of seismic or geologic hazards. (Imp 27.1) Existing facilities are regulated by the California Existing Building Code which includes provisions for both required retrofit and voluntary seismic strengthening. Per the Existing Building Code essential facilities must meet heightened performance standards Source: Building Division • How to support and encourage? Funding? • Conduct vulnerability assessment to determine where this is needed S 4.3 Unreinforced Masonry Buildings - Require the retrofitting of unreinforced masonry buildings during remodels to minimize damage in the event of seismic or geologic hazards. (Imp 7.1, 27.1) Existing facilities are regulated by the California Existing Building Code which includes provisions for both required retrofit and voluntary seismic strengthening. Per the Existing Building Code essential facilities must meet heightened performance standards Source: Building Division S 4.4 New Essential Facility Siting - Regulate the location of new essential facilities within areas that would directly be affected by seismic or geologic hazards, in accordance with state law. (Imp 2.1) California Building Code references the ASCE 7, "Minimum Design Loads and Associated Criteria," for building design and construction standards. Per ASCE 7, essential facilities must meet heightened performance standards Source: Building Division S 4.5 New Essential Facility Siting - Regulate the location of new sensitive facilities such as schools, hospitals, and facilities for the elderly population, within 500 feet to active and potentially active faults, in accordance with state law. (Imp 2.1) California Building Code references the ASCE 7, "Minimum Design Loads and Associated Criteria," for building design and construction standards. Per ASCE 7, essential facilities must meet heightened performance standards Source: Building Division S 4.6 Maintenance of Existing Essential Facilities - Ensure that existing essential facilities that have been built in or on seismic and geological hazards are upgraded and maintained in order to prevent and reduce loss. (Imp 27.1) Existing facilities are regulated by the California Existing Building Code which includes provisions for both required retrofit and voluntary seismic strengthening. Per the Existing Building Code essential facilities must meet heightened performance standards Source: Building Division S 4.7 New Development - Conduct further seismic studies for new development in areas where potentially active faults may occur. (Imp 2.1, 27.1) Geotechnical reports that address seismic and geologic hazards are required for new construction and substantial remodels per City Policy CBC 1803.5 Policy No. CBC 1803.5 Source: Building Division Misc Related Comments: Examine health of bridges and potential impacts if failure to City 5.1-5.3 Protection of human life and public and private property from the risks of flooding Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 5.1 New Development Design within 100-year Floodplains - Require that all new development within 100-year floodplains incorporate sufficient measures to mitigate flood hazards including the NBMC 15.50 (Floodplain Management) provides regulations for development in the Special Flood Hazard Areas. Additionally, Newport Beach participates in both the National Flood Insurance Program (NFIP) and the Community Rating System (CRS) which require enforcement of minimum development standards. • Reducing insurance premiums with required upgrades? City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 7 design of onsite drainage systems that are connected with the City’s storm drainage system, gradation of the site such that runoff does not impact adjacent properties, and buildings are elevated. (Imp 6.1) NBMC 15.50 Source: Building Division S 5.2 Facility Use or Storage of Hazardous Materials Standards - Require that all new facilities storing, using, or otherwise involved with substantial quantities of onsite hazardous materials within flood zones comply with standards of elevation, anchoring, and flood proofing, and hazardous materials are stored in watertight containers. (Imp 7.1) Per the California Building Code Sections 1603.1.7 & 1612.2 and NBMC Section 15.05.100, the flood design class, which considers the presence of hazardous materials, shall be established per ASCE 24, "Flood Resistant Design and Construction." ASCE 24 requires additional elevation requirements in flood design classes which include hazardous materials storage. NBMC 15.05.100 Source: Building Division S 5.3 Minimization of Flood Hazard Risk - Require stormwater detention basins, where appropriate, to reduce the potential risk of flood hazards. (Imp 6.1) Two reservoirs in place - Big Canyon & San Joaquin Source: Public Works 6.1-6.9 Protection of human life and property from the risks of wildfires and urban fires. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 6.1 Review Adequacy of Infrastructure - Review the adequacy of the water storage capacity and distribution network, in the event of a natural disaster, on a regular basis. (Imp 17.1, 28.2) Water supply for Fire Department use after daily maximum consumption is a variable that of the Insurance Services Offices (ISO) review for the Fire Department. We are currently in the process of our ISO review, which will reflect information from our water purveyors. At the completion of the review, the final PPC report will be available to the committee. Source: Fire & Life Safety • Ability to provide local sources of drinking water? Water from pools? Other needs? S 6.2 Development in Interface Areas - Apply hazard reduction, fuel modification, and other methods to reduce wildfire hazards to existing and new development in urban wildland interface areas. (Imp 8.1) Fuel modification, hazardous reduction and other methods are practiced in the current VHFHSZ areas and other hazardous areas identified by NBFD. Some areas are inspected annually and other inspected bi-annually. Additionally, trees that are identified as dead, dying or hazardous are being removed during the Public Works maintenance cycles are also being removed. Source: Fire & Life Safety • Evaluation of hard and soft solutions • HOAs vs City of Newport Beach Responsibilities S 6.3 New Development Design - Site and design new development to avoid the need to extend fuel modification zones into sensitive habitats. (Imp 2.1, 6.1) Defensible space, structures designed to Chapter 7A, and other design elements. This item has changed because of defensible space requirements, ordinance, and insurance requirements. A combination of fuel modification and structure design are recognized as the most effective way to protect homes from wildfire. NBFD Guideline G.04 Source: Fire & Life Safety S 6.4 Use of City-Approved Plant List - Use fire- resistive, native plant species from the City- See attached guideline for approved plant list. See page 17 NBFD Guideline G.04 City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 8 approved plant list in fuel modification zones abutting sensitive habitats. (Imp 2.1, 8.1) Source: Fire & Life Safety S 6.5 Invasive Ornamental Plant Species - Prohibit invasive ornamental plant species in fuel modification zones abutting sensitive habitats. (Imp 2.1, 8.1) See attached guideline for undesirable plant list. See page 16 NBFD Guideline G.04 Source: Fire & Life Safety S 6.6 Database Maintenance of Interface Areas - Maintain a database of parcels in urban wildland interface areas. (Imp 28.1) GIS has a layer to indicate all parcels in the VHFHSZ. Additionally, there is a maintained database for all homes with fuel modification. Source: Fire & Life Safety S 6.7 Properties within Interface Areas - Conduct regular inspections of parcels in the urban wildland interface areas and direct property owners to bring their property into compliance with fire inspection standards. (Imp 28.2) Inspections are completed for fuel modification zones in the Spring and Fall each year. Hazard reduction zones are completed once a year in spring. Additionally, NBFD provide homeowners with inspections for defensible space and home hardening questions all year. Please see the attached link to request inspections. NBFD Wildland Inspection Request Source: Fire & Life Safety S 6.8 Update Building and Fire Codes - Regularly update building and fire codes to provide for fire safety design. (Imp 7.1) Building and fire codes are updated on a triennial cycle. We began the 3-year cycle for the 2022 California Fire Code on January 1, 2023. There will be an intermittent code cycle update on July 1, 2024. Source: Fire & Life Safety S 6.9 Retrofitting of Nonsprinklered Buildings - Encourage owners of nonsprinklered properties, especially high- and mid-rise structures, to retrofit their buildings and include internal fire sprinklers. (Imp 8.1) Fire sprinklers are required for certain remodels and additions on single family homes. Sprinklers are required for all new homes and new structures over 5000 square feet. Additionally, certain changes in occupancy require the retrofit of sprinklers. For example, a change from a Business Occupancy to an Assembly Group 2 occupancy with an occupant load great than 100, sprinklers are required. If an existing Assembly Group 2 occupancy that does not have fire sprinklers wants to increase the occupant load, therefore increasing the hazard, fire sprinklers are required. See Chapter 9, Section 903 of the California Fire Code for specific requirements and NBMC sections 9.04.270 - 9.04.290. https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach09/NewportBeach0904.html #9.04 Source: Fire & Life Safety Misc Related Comments: Undergrounding of utility lines should be mandated for the entire city. By keeping electrical line above ground strong Santa Ana winds make urban fires that much more of a possibility. Certain areas of the city (West Newport south and north of the Newport Pier) are exclusively above ground utilities. The housing in this area is dense and a prime location for a Maui-like fire. 7.1-7.6 Exposure of people and the environment to hazardous materials associated with methane gas extraction, oil operations, leaking underground storage tanks, and hazardous waste generators is minimized. Does the airport fit in here? Policies Current Implementations Subcommittee Member Thoughts for Future Consideration City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 9 S 7.1 Known Areas of Contamination - Require proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards, and if contamination exceeds regulatory action levels, require the proponent to undertake remediation procedures prior to grading and development under the supervision of the County Environmental Health Division, County Department of Toxic Substances Control, or Regional Water Quality Control Board (depending upon the nature of any identified contamination). (Imp 7.1, 8.1) NBMC 15.55 establishes a methane gas mitigation district that requires property owners to test for, and mitigate, the presence of methane gas prior to significant new construction. NBMC 15.55 Source: Building Division S 7.2 Development Design within Methane Gas Districts - Ensure that any development within identified methane gas districts be designed consistent with the requirements of the Newport Beach Municipal Code. (Imp 7.1) NBMC 15.55 establishes a methane gas mitigation district that requires property owners to test for, and mitigate, the presence of methane gas prior to significant new construction. NBMC 15.55 Source: Building Division S 7.3 Education - Educate residents and businesses about how to reduce or eliminate the use of hazardous materials, including using safer non-toxic equivalents. (Imp 29.1) City website includes an information page related to CalGreen requirements related to reducing or eliminating Volatile Organic Compounds in construction activities https://www.newportbeachca.gov/government/departments/community-development/building- division/calgreen Source: Building Division S 7.4 Implementation of Remediation Efforts - Minimize the potential risk of contamination to surface water and groundwater resources and implement remediation efforts to any resources adversely impacted by urban activities. (Imp 6.1, 17.1, 18.1, 19.1) NBMC 15.10.120 Includes provisions for subsurface drainage including containing and filtering subsurface runoff from minor rain events within a property NBMC 15.10.120 Source: Building Division S 7.5 Siting of Sensitive Uses - Develop and implement strict land use controls, performance standards, and structure design standards including development setbacks from sensitive uses such as schools, hospitals, day care facilities, elder care facilities, residential uses, and other sensitive uses that generate or use hazardous materials. (Imp 2.1) Environmental Studies, increased Life Safety requirements to mitigate proximity to residential development areas from sensitive sites. Environmental reporting and emergency response actions such as mandatory fire code drills and testing, and enforced residential training for those living near areas of sensitivity. Also coordinate with outside agencies, such as Orange County Certified Unified Program Agency (CUPA). https://www.ochealthinfo.com/about-hca/public-health-services/environmental-health- division/hazardous-materials https://www.newportbeachca.gov/government/departments/fire/fire-prevention- division/guidelines-standards https://www.newportbeachca.gov/government/departments/fire/fire-prevention-division Source: Fire & Life Safety City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 10 S 7.6 Regulation of Companies Involved with Hazardous Materials - Require all users, producers, and transporters of hazardous materials and wastes to clearly identify the materials that they store, use, or transport, and to notify the appropriate City, County, state, and federal agencies in the event of a violation. (Imp 28.1) Hazardous materials reporting requirements are regulated by Orange County Health Care Agency. NBFD will review plans for new hazardous material storage to ensure that quantities and types are recorded, storage methodology is approved, life safety protection systems are in place, and proper occupancy type is assigned if the Maximum Allowable Quantity of the material is exceeded. Source: Fire & Life Safety 8.1-8.6 Residents, property, and the environment are protected from aviation-related hazards. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 8.1 Firefighter Training Program - Provide a formalized Aircraft Rescue Fire Fighting training program (including airport and aircraft familiarization, fuel fire extinguishment, hazards associated with airplanes and aircraft cargo, safety procedure, aviation communications, evacuation, and rescue operations) for all firefighters and Chief Fire Officers in Newport Beach. (Imp 28.2) The crews at Station 6 and Station 7 train at the airport on a regular frequency to ensure locations of connection points, crash rig water supply, terminal layout, medical aids, runway layout and other best practices for suppression. Source: Fire & Life Safety S 8.2 Emergency Personnel Awareness Training - Provide Aircraft Rescue Fire Fighting awareness training for all Newport Beach emergency personnel on a regular basis. (Imp 28.2) Specific training for firefighters at station 6 and station 7 that would respond to an aircraft related incident. All staff training with foams that would be used for a flammable liquid fire. Extrication equipment training for all firefighters and can be used for extrication from various types of aircraft. Fire & Life Safety S 8.3 Implementation of Interagency Policies - Implement policies outlined in the Orange County Fire Services Operational Area Mutual Aid Plan, and the California Fire Service and Rescue Emergency Mutual Aid Plan. (Imp 14.3, 28.2) Orange County Operational Annex is the standard operating guideline for mutual aid incidents. Source: Fire & Life Safety S 8.4 Mutual Aid Agreements - Develop clear mutual aid agreements and Memoranda of Understanding with the airport fire service, county emergency and law enforcement agencies, United States Coast Guard, private ferry providers, and other potential resources. (Imp 14.3, 28.2) Newport Beach Fire Department has mutual aid and automatic aid agreements with neighboring agencies, including OCFA which provides services for John Wayne Airport. Source: Fire & Life Safety S 8.5 Limit John Wayne Airport Expansion - Oppose any facility expansions that would increase air operations at John Wayne Airport, except those described in the Settlement Agreement Extension. (Imp. 14.3) On February 28, 2023, the City Council approved a Legislative Platform that includes advocating for legislative and executive actions consistent with Council's Airport Policy (A-17) to protect its residents from the impacts of the airport. The City Council also formed an Aviation Committee to assist the City implementation of Council Policy A-17. https://www.newportbeachca.gov/government/data-hub/agendas-minutes/aviation-committee Source: Planning Division S 8.6 John Wayne Airport Traffic Pattern Zone - Use the most currently available John Wayne In 1975, the Airport Land Use Commission (ALUC) of Orange County adopted an Airport Environs Land Use Plan (AELUP, amended April 17, 2008) that included John Way Airport (JWA). The 2006 City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 11 Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and land use intensity in areas affected by JWA operations. In particular, future land use decisions within the existing JWA Clear Zone/Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to life and property associated with aircraft operations. (Imp. 14.3) General Plan was reviewed and found consistent with the AELUP. All General Plan Amendments located within the AELUP land use plan area are referred to the Airport land Use Commission (ALUC) for a determination of consistency. In some cases, amendments have been found inconsistent with the AELUP, which then requires the City Council to overrule when appropriate. New residential development is not allowed nor supported in Runway Protection Zones. LU 3.8 and for residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. (Imp 2.1, 5.1, 10.2) Source: Planning Division https://www.newportbeachca.gov/home/showpublisheddocument/20996/635745355502270000 Misc Related Comments: • Grid or blackouts • Planning around the Newport Boulevard bridge • Requiring that all other emergency plans be revised regularly • Drinking water 9.1-9.9 Effective emergency response to natural or human-induced disasters that minimizes the loss of life and damage to property, while also reducing disruptions in the delivery of vital public and private services during and following a disaster. The Newport Beach Harbor Patrol is available to assist in the event of a disaster. Policies Current Implementations Subcommittee Member Thoughts for Future Consideration S 9.1 Review and Update Emergency Plans - Review and update, as necessary, the City’s Emergency Management Plan on an annual basis. (Imp 28.2) The City's Emergency Operations Plan (EOP) is updated on an annual basis to ensure that it is up to date. Source: Emergency Operations S 9.2 Emergency Management System Training - Conduct annual training sessions using adopted emergency management systems. Coordinate with other urban area jurisdictions to execute a variety of exercises to test operational and emergency plans. (Imp 28.2) The City conducts several field and Emergency Operations Center (EOC) exercises annually to ensure city staff is trained to respond to all disasters. Source: Emergency Operations S 9.3 Participation in Mutual Aid Systems - Maintain participation in local, regional, state, and national mutual aid systems to ensure appropriate resources are available for response and recovery during and following a disaster. (Imp 14.3, 28.2) There are multiple mutual aid plans at the County, State and local level to assist with mutual aid. Source: Emergency Operations S 9.4 Familiarity with National and State Response Plans - Ensure that all Newport Beach personnel are familiar with the National Incident Management System, the National Response Plan, the State of California Master Mutual Aid Agreement, the Orange County Operational Area The City is regularly engaged with the County, Cal OES and FEMA to ensure all response plan are written, coordinated and collaborated. Source: Emergency Operations City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 12 Mutual Aid Plan, and any other relevant response plans consistent with their position in the City’s Emergency Management Plan. (Imp 28.2) S 9.5 Emergency and Disaster Education Programs - Sponsor and support education programs pertaining to emergency/disaster preparedness and response protocols and procedures. Distribute information about emergency preparedness to community groups, schools, religious institutions, transient occupancy establishments, and business associations. (Imp 28.2, 29.1) The City has a robust community disaster preparedness education program. The City's Community Emergency Response Team (CERT) continues to reach community members and has received the White House Award for Excellence. In addition, the City continues to work with schools, businesses and houses of worship to ensure the community is prepared. Source: Emergency Operations S 9.6 Hazard Mitigation Plan - Maintain and update as necessary the most current Local Hazards Mitigation Plan (LHMP) as part of the Safety Element. The LHMP advocates the use of programs and projects that, when implemented, will reduce the impacts on the community from a disaster. The City has and maintains a LHMP. Per FEMA, the plan is updated every five years. Source: Emergency Operations S 9.7 Existing Development within 100-year Flood Zones - Implement flood warning systems and evacuation plans for areas that are already developed within 100-year flood zones. (Imp 28.2) Multiple alerting and warning programs exist within the City to provide warning and information during a disaster or emergency. Source: Emergency Operations S 9.8 Emergency Use of Coastal Facilities - Establish procedures and public/private cooperation and communication for the emergency use of coastal facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other events, supplementing other safety and rescue bases and equipment. (Policy HB 13.7) (Imp 28.2) The City has partnership with all the private boating and yacht clubs. This partnership includes outreach, education and response plans for all coastal events. Source: Emergency Operations S 9.9 Effective Emergency Evacuation Programs - Develop, implement, and maintain an effective evacuation program for Balboa Peninsula and other areas of risk in the event of a natural disaster. (Imp 14.3, 28.2) The City has and maintains a comprehensive evacuation plan and program for the identified tsunami inundation areas. The Tsunami Annex includes education and plans and procedures for a tsunami emergency. Source: Emergency Operations Misc Related Comments: The following ideas have been suggested for consideration in the update of the Safety Element: : • Section on tidal flooding and clear policies no how infrastructure is evaluated. Eg. Balboa project. How to fund? How much bigger of a problem is this? • Sea level rise – how do we measure? Do we have a system to escalate efforts? Use of infrastructure? Especially where city doesn’t own sea walls • Grid electrification – city policy on emergency preparedness? Plan to support zoning or electric vehicle charging. Could be legitimate issue if not proactive • Trash and hazardous waste from inland – containment strategy? Safety hazard? • Oil spill? Local policy, do we have a plan in place if spans inside and outside the harbor and bay area, beyond where we can close off? • Water independence and proactive planning for next 30 years. Where are the levees? – Buy – Build – Partner • Fire and evacuation of limited areas with higher densities • Hurricanes • ADU applications – don’t necessarily require parking which results in on-street congestion. City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 13 I • Neighborhood programs – block captains – engagement through CERT – evaluate areas – Boats – collective efforts to create evacuation stations • Ramp up CERT – Katie Josh Leith, CERT coordinator, should supply breakdowns of gaps in the city that are not covered by neighborhood CERT groups. • -Concern about the Police Department being moved outside of the population center and the EOS. Why can’t the there be a Civic Center “Campus” where all fire, PD, safety, EOS is eventually on/near Avocado. Cost of real estate is important, but a Police Department being outside of population center and EOS does not seem to be responsible for public safety. • -More community outreach for neighborhoods to know how to “be on their own” for some number of days should a disaster impede city staff’s ability to get to Newport. More robust outreach to ensure every neighborhood in the city has a certain number of CERT members, to including refresher training and documentation of who the CERT members are by neighborhood. (This may already be the case, not sure). • -Coordination of staff expertise with citizen experts that could help when staff is impeded by a disaster…ie identified and trained tradesmen/women (electricians, emergency workers, first responders, etc) that live in the city that can jump in to help with infrastructure in the event that enough staff can’t get here during an emergency • Island or peninsula – opportunity for water evacuation? • Suggestion to alter the language from roughly Emergency Response and Preparation to: Generally defined as potentially catastrophic and one-time events where an immediate action plan is needed to protect lives and property. • Suggest making some slight changes to the bullet points and adding airplane crashes to the list: o Seismic and geologic hazards (earthquakes, landslides, etc) o Wild and urban fires o Natural or human induced disasters o Hazardous materials spills o Tsunamis and rogue waves o Storm surges and seiches o Airplane crashes • A concept supported by the Safety Element Subcommittee is to have dual approaches to the element: o short term (emergency response or quickly achievable goals and policies in the event a time-sensitive solution is needed) o long term (goals to seek out results to work towards, which over time will be accomplished in support of resiliency) • Need to differentiate between immediate or short term actions for emergency or quick acting purposes, mid-range actions for achieving short term planning goals, and long-range actions for planning goals aimed to complete over time before the next general plan update. City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 14 General Plan Implementation Programs Referenced in Policies (link to complete programs available: https://www.newportbeachca.gov/PLN/General_Plan/14_Ch13_ImplementationProgram_web.pdf) • 2.1 - Amend the Zoning Code for Consistency with the General Plan Adoption of the updated General Plan necessitates a thorough review of the Zoning Code’s regulations for consistency with the General Plan’s Land Use Plan and policies. This shall include review of Code requirements pertaining to areas designated as “Specific Plans” (see “Specific Plans” below) and amendments to Planned Community (PC) Development Plans. • 6.1 - Review the Subdivision Ordinance for Consistency with the General Plan On adoption of the updated General Plan, the Subdivision Ordinance shall be reviewed and amended where necessary to ensure consistency with its goals and policies. This may encompass revisions related to the Plan’s policies pertaining to the intermixing of uses; site planning and design; landscape improvements; roadway and street standards and improvements; storm drainage and pollution runoff control; conformance to natural topography and landscapes; terrestrial and marine habitat protection; landform and coastal sand protection; flooding, fire, geologic, seismic, and other hazard abatement; environmental impact mitigation, and infrastructure and public service concurrency. • 7.1 - Review Building and Construction Code for Consistency with General Plan General Plan policies largely mimic the provisions of the City’s Building and Construction Code (Title 15), particularly those addressing public safety. As the General Plan specifies many new policies pertaining to the design and development character of many land use districts, the Code should be reviewed to assure that these are fully addressed. In addition, as the General Plan provides for the development of high-rise multi-family residential, the Code should also be reviewed for its adequacy in consideration of the policies for such building types in the Airport Area. The City should also consider revisions of Title 15 to foster the use of “green-building” techniques that have not been traditionally used in the City, as well as other appropriate revisions to achieve the Plan’s policy objectives. • 8.1 - Review Codes and Ordinances for Consistency with the General Plan and Update Periodically On adoption of the General Plan, relevant codes and ordinances of the City shall be reviewed for their consistency and revisions prepared where necessary. These shall be updated periodically to reflect state-of-the-art practices and technologies. Representative of the issues addressed by General Plan policy that should be reviewed are the following: a. Requirements for live-aboard vessels pertaining to the integrity, quality, and safety of Harbor uses, environmental protection, and impacts on the public, waterfront owners/lessees, and adjoining properties b. Regulation and transfer of mooring permit applications and titles c. Standards for the design and siting of bulkheads, pier, and similar structures to address their potential visual impacts d. Standards and policies specified by the Noise Element to protect sensitive noise receptors, residents and businesses from unwanted noise impacts from traffic, JWA operations, construction activities, truck deliveries, special events, charter and entertainment boats, and similar sources • 14.1 - Adjoining Cities The City of Newport Beach has established “borders committees” to collaborate with the cities of Irvine, Huntington Beach, and Costa Mesa to address planning, development, transportation, and other issues that jointly impact the communities. Newport Beach will also work with surrounding jurisdictions and agencies to coordinate and test emergency preparedness and response plans. • 14.3 - Coordinate with Orange County The City of Newport Beach and Orange County should continue to collaborate in numerous programs affecting land use and development, affordable housing, transportation, infrastructure, resource conservation, environmental quality, management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement plans. • 17.1 - Maintain and Implement Urban Water Management Plans and Encourage Conservation Information regarding the General Plan’s development capacities shall be forwarded by the City to the Irvine Ranch Water District and Mesa Consolidated Water District as the basis for their consideration of the adequacy of existing and planned improvements to meet the needs of existing and future populations. Required facility improvements shall be budgeted by each agency, including, where appropriate, the City’s five year and annual Capital Improvement Programs. Strategies to promote the conservation of water should be periodically reviewed for their effectiveness and updated in the plans to reflect best management practices. These may include tiered rates, the use of recycled water, incentives for on-site capture and retention of rainwater in private development, and comparable techniques. In addition, the water agencies should consider the potential use of alternative water sources for the water supply by implementation of advanced water treatment processes, when feasible. • 18.1 - Maintain and Implement Sewer Master Plan Information regarding the General Plan’s development capacities shall be forwarded to the IRWD, CMSD, and OCSD as the basis for their consideration of the adequacy of existing and planned improvements to meet the needs of existing and future populations. These master plans should review the adequacy of facilities in areas in which new growth or substantive changes in use are targeted. Required facility improvements shall be defined and budgeted by the respective agencies, including the City’s five year and annual Capital Improvement Programs. • 21.1 - Review and Update Harbor and Tidelands Improvement Plans The Harbor Resources Division shall review its goals and policies to assure that the plans, proposed improvements, and operations for the Harbor and tidelands are consistent. • 21.2 - Develop Harbor Area Management Plan Develop a harbor area management plan (HAMP) that provides a comprehensive approach to the management of Newport Bay’s resources, including restoration of marine habitats such as kelp beds and fisheries, and boat anchorages, marinas, and other development activities. Improvements in the Harbor shall be located and designed to facilitate boating and other coastal recreational activities, while protecting important marine habitats, prevent water pollution, maintain the Harbor’s hydrologic functions, protect coastal landforms and dunes, minimize sand transport, and be compatible with adjoining residential neighborhoods. This will require coordination with the Orange County Harbors, Beaches, and Parks Department and Harbor Patrol Division and U.S. Army Corps of Engineers relative to their respective jurisdictions. Among the improvements that shall be considered is the identification of an area that can support Harbor maintenance facilities and equipment. This shall be coordinated with the Orange County Harbor Patrol Division, California Coastal Commission, and other jurisdictional agencies. In addition, the Division shall review procedures for the transfer of mooring titles to assure their equitable use. • 22.1 - Maintain and Enhance Police and Fire Facilities The City of Newport Beach Police and Fire Departments shall maintain, periodically update, and implement their plans for facilities, equipment, and personnel to provide service to the community. On annexation of new areas, police and fire service responsibilities would be transferred to the City. The Police and Fire Departments shall monitor their operations, emergency response times, and number of incidents (rates of crime and fire calls) and periodically review the need to expand existing Implementation Program Newport Beach General Plan 13-27 and/or construct new facilities to assure an acceptable level of service. Physical improvements shall be incorporated in the City’s CIP. • 23.2 - Maintain and Improve Parks and Recreation Facilities Through the CIP and development approval process, the City shall implement the park improvements specified by the Recreation Element. Parks should be designed in consideration of their adjoining land uses, particularly to prevent impacts on residential neighborhoods due to lighting, noise, site access, and parking and minimize lighting impacts on any adjacent habitat areas. Facilities shall be City of Newport Beach General Plan - Safety Element: Current Goals & Policies P a g e | 15 designed and properties landscaped to complement the quality of the neighborhood in which they are located. Additionally, the City shall consider assisting Orange County with the management, operation, and maintenance of Upper Newport Bay Ecological Reserve, including the Peter and Mary Muth Center. • 27.1 - Seismic Compliance The City shall support and encourage the seismic retrofitting and strengthening of essential facilities, especially facilities that have been constructed in areas subject to ground rupture, high levels of earth shaking, and tsunami. The retrofitting of unreinforced masonry buildings during remodels to minimize damage in the event of a seismic or geologic hazard shall continue to be required. • 28.1 - Maintain Hazards Data Base The Police and Fire Departments shall maintain data bases regarding the type and occurrence of criminal activities and natural hazards (e.g., tsunami inundation, wildfire hazards, flooding, seismic, landslide, subsidence, and other) that may impact the City as the basis for the planning of facilities, personnel assignments, and emergency response programs. • 28.2 - Maintain Emergency Preparedness, Response, and Recovery Programs The Police and Fire Department shall maintain, and periodically update, and implement their plans for emergency preparedness, response, and disaster recovery. This shall include cooperative and mutual aid agreements with adjoining jurisdictions, the County of Orange, and state and federal agencies and participation in disaster simulations. • 29.1 - Educate the Community The City shall continue to make information available to inform residents and businesses within the City regarding its services, programs, and key community issues. Representative of the range of information that may be presented include: land use zoning and development processes; development fees; code compliance; property and building maintenance and improvement techniques; financial assistance and affordable housing programs, public transportation; ride-sharing, energy conservation methods, waste reduction and recycling programs; hazards and emergency/disaster preparedness, evacuation, and response protocols and procedures; natural resources and their value; educational and cultural events and venues; parks and recreation, health and safety, and seniors and youth programs; and access to government services and elected officials. This information may be presented in flyers and newsletters that are distributed to households in the City, on the City’s Web Page, by cable television broadcasts, in workshops with homeowners associations and business organizations; and general community presentations and workshops.