Chapter 12.32
RESTRICTED USE OF CERTAIN STREETS*
Sections:
12.32.015 Balboa Island Bridge Speed Restrictions.
12.32.020 Commercial Vehicles Prohibited From Using Certain Streets—Signposting.
12.32.022 Commercial Vehicles Over Eight Thousand (8,000) Pounds Prohibited.
12.32.030 Balboa Island Traffic Access Control Points.
12.32.040 Exceptions to Balboa Island Restrictions.
12.32.050 Balboa Island Traffic Control Regulations.
12.32.060 Pedestrians and Bicycles Exempted.
12.32.075 Balboa Peninsula Traffic Access Control—Findings.
12.32.080 Balboa Peninsula Traffic Access Control Points—Authorization to Establish.
12.32.090 Balboa Peninsula Traffic Access—Violations.
12.32.095 Balboa Peninsula Traffic Access—Exemptions.
* For statement of findings concerning vehicle access to Balboa Island—See Ordinance 908 in the office of the City Clerk.
12.32.010 Truck Routes.
A. Designation. Whenever any ordinance of this City designates and prescribes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons, the City Traffic Engineer is authorized to designate such street or streets by appropriate signs as “TRUCK TRAFFIC ROUTES” for the movement of vehicles exceeding a maximum gross weight limit of three tons.
B. Compliance Required—Exception. When any such truck traffic route or routes are established and designated by appropriate signs the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other except when necessary to traverse another street or streets to a destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck route as is reasonably necessary. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission. (1949 Code § 3294.1)
12.32.015 Balboa Island Bridge Speed Restrictions.
Pursuant to the procedures set forth in California Vehicle Code Section 22404, and after a public hearing held thereon, the City Council has determined that the maximum speed limit which can be maintained with safety on the Balboa Island Bridge shall be fifteen (15) miles per hour. (Ord. 2023-22 § 540, 2023; Ord. 1712 § 1, 1977)
12.32.020 Commercial Vehicles Prohibited From Using Certain Streets—Signposting.
A. When signs are erected giving notice thereof, no person shall operate any commercial vehicle exceeding six thousand (6,000) pounds gross weight at any time upon any of the streets or parts of streets described in subsection (B) of this section. The City Traffic Engineer shall erect and maintain appropriate signs on those streets affected by this section.
B. The following streets are the streets designated by the City Council upon which commercial vehicles exceeding six thousand (6,000) pounds gross weight may not be operated:
1. Acacia Avenue, from Coast Highway to Pacific Drive;
2. Alba Street;
3. Aliso Avenue;
4. Avocado Avenue, from Coast Highway to Waterfront Drive;
5. Back Bay Drive, from San Joaquin Hills Road to Eastbluff Drive;
6. Beacon Avenue;
7. Begonia Avenue, from Coast Highway to Pacific Drive;
8. Bison Avenue, between Jamboree Road and Alta Vista Drive;
9. Bixia Street;
10. Bolsa Avenue;
11. Cacao Street;
12. Carnation Avenue, from Coast Highway to Bayside Drive;
13. Catalina Avenue;
14. Clay Avenue;
15. Cliff Drive, from Dover Drive to Irvine Avenue;
16. Cliff Drive, westerly of Riverside Avenue;
17. Dahlia Avenue, Coast Highway to First Avenue;
18. Dover Drive, from Westcliff Drive to Irvine Avenue;
19. El Modena Avenue;
20. First Avenue, from Acacia Avenue to Iris Avenue;
21. Fernleaf Avenue, from Coast Highway to First Avenue;
22. Fourth Avenue, from Avocado Avenue to Dahlia Avenue;
23. Fullerton Avenue;
24. Goldenrod Avenue, from Second Avenue to First Avenue;
25. Heliotrope Avenue, from Second Avenue to Bayside Drive;
26. Holmwood Avenue;
27. Iris Avenue, between Bayside Drive and First Avenue;
28. Jasmine Avenue, from First Avenue to Bayside Drive;
29. Larkspur Avenue, from Coast Highway to Bayside Drive;
30. Marguerite Avenue, from Coast Highway to San Joaquin Hills Road;
31. Marigold Avenue, from alley northeast of Coast Highway to Second Avenue;
32. Ocean View Avenue;
33. Orange Avenue;
34. Redlands Avenue;
35. Riverside Avenue, northerly of Cliff Drive;
36. San Bernardino Avenue;
37. San Miguel Drive, from San Joaquin Hills Road to MacArthur Boulevard;
38. Santa Ana Avenue;
39. Santiago Drive, from Irvine Avenue to Tustin Avenue;
40. Seaward Road, from East Coast Highway to Driftwood Road;
41. Seaward Road, from East Coast Highway to Morning Canyon Road;
42. Second Avenue, from Avocado Avenue to Goldenrod Avenue;
43. Third Avenue, from Avocado Avenue to Fernleaf;
44. Tustin Avenue;
45. Waterfront Drive, from Avocado Avenue to Acacia Avenue;
46. Westminster Avenue;
47. 15th Street, easterly of Orange Avenue. (Ord. 98-2 § 1, 1998; Ord. 97-6 § 1, 1997; Ord. 94-49 § 1, 1994; Ord. 92-52 § 1, 1992; Ord. 89-37 § 1, 1989: Ord. 89-23 § 1, 1989; Ord. 1886 § 1, 1981; Ord. 1877 § 1, 1981; Ord. 1841 § 1, 1980; Ord. 1792 § 1, 1979: Ord. 1698 § 1, 1976: Ord. 1658 § 1, 1976: 1949 Code § 3294.2)
12.32.022 Commercial Vehicles Over Eight Thousand (8,000) Pounds Prohibited.
A. When signs are erected giving notice thereof, no person shall operate any commercial vehicle exceeding eight thousand (8,000) pounds gross weight at any time upon any of the streets or parts of streets described in subsection (B) of this section. The City Traffic Engineer shall erect and maintain appropriate signs on those streets affected by this section.
B. The following streets are the streets designated by the City Council upon which commercial vehicles exceeding eight thousand (8,000) pounds weight may not be operated:
1. Ridge Park Road, from Newport Coast Drive to Vista Ridge Road. (Ord. 2015-28 § 1, 2015: Ord. 2005-15 § 1, 2005)
12.32.024 Exemption.
The provisions of this chapter shall not apply to City vehicles while engaged in the official business of the City. (Ord. 1658 § 2, 1976)
12.32.025 Policy and Intent.
The City Council finds that:
A. Balboa Island is an island in Newport Bay with an area of approximately one hundred thirty (130) acres. Such island is subdivided into approximately one thousand five hundred (1,500) separate parcels. Park and Marine Avenues are the widest streets on Balboa Island, with approximately forty (40) feet of paved roadway. The remainder of the streets have approximately twenty-eight (28) feet of paved roadway. The roadway widths permit only one lane of travel in each direction and are sufficiently narrow as to impair travel and parking. It has become necessary to restrict travel to one direction only on many of the streets. The alley width of the perimeter alley is fifteen (15) feet. Because of extensive pedestrian travel, no general vehicular traffic is permitted on said perimeter alley. All other alleys on Balboa Island are only ten feet in width.
B. Almost every parcel of property on Balboa Island is occupied by single or multiple residential building or by business buildings.
C. There is extremely dense residential occupancy during the school spring vacations or Easter Week, and during the entire summer season. People gather in large numbers for social and recreational activities during Easter Week, during the entire summer season and on weekends and special occasions during other periods.
D. Access to and exit from Balboa Island by motor vehicle is limited to Marine Avenue, which crosses a bridge over an arm of Newport Bay, and by a ferry across Newport Bay from Balboa. Said bridge is wide enough for one lane of automobile traffic in each direction. Said ferry can discharge and load only three automobiles at one time.
E. There are no improved public parking lots on the island.
F. Most commercial and many residential premises do not have off-street parking facilities for motor vehicles.
G. Many of the buildings on the island are of wood construction and have wood siding and wooden shingles on the roof. Most of the buildings are built close to the lot lines. These conditions result in many wooden structures being closely grouped together. During spring vacation and during the summer, all such buildings are densely occupied by vacationers. Because of the nature of construction and the close grouping of said buildings, a fire in one could quickly spread to adjoining buildings.
H. During the spring school vacation, during the entire summer season and on weekends and other special occasions, great numbers of motor vehicles are driven onto the island by nonresident visitors for which neither on-street nor off-street parking facilities are available. At all hours of the day and night during these times, such vehicles are driven aimlessly around the island on the streets and alleys. Many of them are parked for varying periods of time on the traveled portion of the streets and alleys. Some are left unattended. The result is that all of the streets and alleys on the island are so congested with vehicles that vehicular traffic is stalled for long periods of time, drivers on the island find it impossible to drive off, drivers off the island cannot drive onto the island, emergency vehicles including police automobiles, fire trucks, lifeguard vehicles and ambulances have been delayed for periods up to forty-five (45) minutes in traveling to emergency calls on the island. Doctors have been delayed in reaching their patients who are residents on the island as a result of this vehicular congestion.
I. There is one fire station on the island located near the bridge entrance to it. The men and equipment at this station must be used to right fires any place on Balboa Island and in other areas of the City off the island. There is no police station on the island. There is no hospital on the island. There is no public or private ambulance stationed on the island. The medical facilities and services on the island are inadequate to serve the residents thereof. There is but one small public restroom on the island.
J. As a result of the foregoing congested conditions, the health, safety and general welfare of persons and property on Balboa Island are in constant jeopardy during the spring school vacation periods, during the entire summer season and on many weekends and special occasions at other times.
K. The City Council further specifically finds that all possible measures must be taken to assure police and fire protection and medical and lifeguard services to persons and property on Balboa Island and that restricting motor vehicle access to the island during times of traffic congestion is the most reasonable method of assuring such protection and services. (Ord. 908 (part), 1960: 1949 Code § 3295 (part))
12.32.030 Balboa Island Traffic Access Control Points.
The Chief of Police is authorized and directed to establish and maintain traffic control points at each access to Balboa Island. During the spring vacation period, from the second Monday in June until the third Sunday in September of each year, and on weekends, special occasions and at any other time when the vehicular traffic becomes congested on Balboa Island or at any such time when traffic conditions in the City are such that it reasonably appears that vehicular traffic will become congested on Balboa Island to the extent that the normal movement of traffic will be impaired, there shall be placed one or more traffic control officers at each such traffic control point as necessary for the purpose of diverting motor vehicle traffic away from the island. During the time vehicular traffic congestion exists on the island or is imminently threatened, all motor vehicles shall be stopped at such traffic control points and drivers of motor vehicles other than those listed shall not be permitted to drive their motor vehicles onto said island. (1949 Code § 3295 (part) added by Ord. 908, 1960)
12.32.040 Exceptions to Balboa Island Restrictions.
The following vehicles are exceptions to the vehicle access restrictions of Section 12.32.030:
A. Authorized emergency vehicles.
B. Motor vehicles carrying doctors who are responding to bona fide requests of patients on the island.
C. Commercial vehicles making deliveries on Balboa Island to business or residential premises between the hours of six a.m. and six p.m.
D. Motor vehicles of residents of the island and of their guests and of owners, customers and employees of businesses on the island for which parking spaces are immediately available on the island. (1949 Code § 3295 (part) added by Ord. 908, 1960)
12.32.050 Balboa Island Traffic Control Regulations.
The following traffic control regulations for access to Balboa Island shall be in effect.
A. No person shall drive a motor vehicle past a traffic control point on any approach to Balboa Island when one or more traffic control officers are stationed at such traffic control point without stopping such vehicle at such point.
B. After having stopped at such traffic control point, no person shall drive a motor vehicle onto Balboa Island without the approval of a traffic control officer at such point.
C. No person shall fail or refuse to immediately drive any motor vehicle under his control away from a traffic control point in a direction away from Balboa Island when directed to do so by a traffic control officer.
D. No person shall park, stop or permit to remain standing any motor vehicle at or near any traffic control point or at any other place in any manner that impairs the vehicular or pedestrian egress from Balboa Island. (1949 Code § 3295 (part), added by Ord. 908, 1960)
12.32.060 Pedestrians and Bicycles Exempted.
The provisions of Sections 12.32.020 and 12.32.030 shall not apply to pedestrians or to persons riding bicycles and shall not be used for the purpose of restricting or impairing access to Balboa Island by pedestrians or such persons. (1949 Code § 3295 (part) added by Ord. 908, 1960)
12.32.075 Balboa Peninsula Traffic Access Control—Findings.
The City Council finds and declares that:
A. The Balboa Peninsula consists of approximately three hundred fifty (350) acres of land that extends generally southerly and easterly from the intersection of Balboa Boulevard and Newport Boulevard in the City of Newport Beach. Only Balboa Boulevard and the Balboa Island Ferry provide access to the peninsula. Balboa Boulevard is a four-lane divided roadway, with street-side and median parking. The frequency of intersections and pedestrian crossings significantly restrict the ability of Balboa Boulevard to accommodate traffic during peak periods in the spring, summer and fall. The Balboa Island Ferry, when operating at maximum capacity, can load no more than ninety (90) automobiles per hour and does not provide a viable alternate route to and from the peninsula during peak periods.
B. The beaches along the Balboa Peninsula are heavily used during the summer, and at various times during the spring and fall. Various commercial establishments in the Central Balboa area, such as the Fun Zone and Balboa Pavilion, also attract significant number of visitors year round. The majority of persons visiting the peninsula beaches and businesses tend to arrive during the mid morning and leave late afternoon. There is a second significant influx of visitors to the peninsula during late evening and nighttime hours.
Substantially all parcels on the Balboa Peninsula have been improved with residential or commercial structures. Many of these structures were built prior to the time the City adopted formal off-street parking requirements and do not provide adequate parking for occupants or customers. There are relatively few public and private parking lots on the peninsula. Many visitors to the peninsula spend a significant amount of time travelling on Balboa Boulevard and side streets in search of a parking spot and frequently no parking spaces are available for visitors and residents.
C. The tremendous influx of visitors during the summer, and certain portions of the spring and fall, the limited capacity of roads and other transportation facilities, the tendency of visitors to come to, and leave, the Balboa Peninsula at approximately the same time and the additional travel necessary to locate available parking spaces all contribute to severe traffic congestion along Balboa Boulevard.
D. Traffic congestion along Balboa Boulevard has become so severe that delays in excess of one hour have been experienced by persons attempting to enter or leave the peninsula. This traffic congestion presents a threat to the health, safety, and welfare of persons and property in that:
1. There is one fire station on the peninsula. Many of the buildings on the peninsula are wood construction, have wood siding, and/or wood shingles on the roof. Many of the structures on the peninsula are built close to lot lines. The type of construction materials used, and the close proximity of buildings to one another, increase the probability that a fire in one structure could quickly spread to adjoining buildings. Severe traffic congestion would significantly increase the fire department response time and the damage to the involved structure and nearby buildings.
2. There is no police station on the Balboa Peninsula. Police service is provided through patrol vehicles, and, at times, the police helicopter. In the event of a serious disturbance or major crime occurring at the same time as severe congestion, police response to the scene would be significantly delayed and the manpower necessary to quell a serious disturbance may be prevented from reaching the scene.
3. There is no hospital or ambulance service on the peninsula. In the event of a serious injury or illness, medical response would be significantly delayed during times of severe traffic congestion. Moreover, transportation of the ill or injured person to medical facilities would be delayed to the detriment of the patient.
E. The City Council finds that the threat to the public health, safety and welfare brought about by severe traffic congestion along the Balboa Peninsula can be eliminated by authorizing the Chief of Police to restrict motor vehicle access to the peninsula during times of significant traffic congestion and/or when conditions are such that severe congestion will occur if access is not restricted. (Ord. 2023-22 § 541, 2023; Ord. 87-12 § 1 (part), 1987)
12.32.080 Balboa Peninsula Traffic Access Control Points—Authorization to Establish.
The Chief of Police shall be authorized to establish appropriate traffic access control points along Balboa Boulevard when it is determined by the Newport Beach Police that:
A. Normal movement of traffic along Balboa Boulevard will be impaired such that there is a threat to the health, safety and welfare of persons residing, working, or present in and along the Balboa Peninsula and the congestion would be eliminated or alleviated if access to the peninsula was controlled or restricted; or
B. Little or no vehicular flow is occurring along Balboa Boulevard, and a significant number of vehicles are not promptly moving when an opportunity arises to do so. The authority to establish traffic access control points shall cease at such time as reasonably flowing traffic is restored. (Ord. 2023-22 § 542, 2023; Ord. 87-12 § 1 (part), 1987)
12.32.085 Exceptions.
The following vehicles shall be permitted access to the Balboa Peninsula notwithstanding restrictions imposed pursuant to Section 12.32.080:
A. Authorized emergency vehicles;
B. Motor vehicles carrying doctors who are responding to bona fide requests of patients on Balboa Peninsula;
C. Commercial vehicles making deliveries to residences or businesses on Balboa Peninsula between the hours of six a.m. and six p.m.;
D. Motor vehicles occupied by persons residing on the Balboa Peninsula and/or their guests;
E. The owners, employees, and customers of businesses located on the Balboa Peninsula for which parking spaces are immediately available. (Ord. 87-12 § 1 (part), 1987)
12.32.090 Balboa Peninsula Traffic Access—Violations.
When traffic access control points have been established pursuant to Section 12.32.080:
A. No person shall drive a motor vehicle past a traffic access control point when one or more peace officer or traffic control officers are stationed at the location without stopping the vehicle at the control point;
B. No person shall drive a motor vehicle onto the Balboa Peninsula without the approval of a police officer stationed at the traffic control point;
C. No person shall fail or refuse to immediately drive the motor vehicle under his or her control away from a traffic control point in a direction away from the Balboa Peninsula when directed to do so by a peace officer;
D. No person shall park, stop, or permit to remain standing, any motor vehicle at or near any traffic control point or at any other place in any manner that impairs the vehicular pedestrian access to or from the Balboa Peninsula. (Ord. 87-12 § 1 (part), 1987)
12.32.095 Balboa Peninsula Traffic Access—Exemptions.
The provisions of Section 12.32.090 shall not apply to pedestrians or to persons riding bicycles and shall not be used for the purpose of restricting or impairing access to Balboa Peninsula by pedestrians or bicyclists. (Ord. 87-12 § 1 (part), 1987)