Chapter 12.32 — RESTRICTED USE OF CERTAIN STREETS2

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)

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. 1712 § 1, 1977; Ord. 2023-22 § 540, 2023)

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;

2. For statement of findings concerning vehicle access to Balboa Island—See Ordinance 908 in the office of the City Clerk.

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City of Newport Beach, CA § 12.32.020 NEWPORT BEACH CODE § 12.32.020

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;

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City of Newport Beach, CA § 12.32.020 VEHICLES AND TRAFFIC § 12.32.025

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.

(1949 Code § 3294.2; Ord. 1658 § 1, 1976; Ord. 1698 § 1, 1976; Ord. 1792 § 1, 1979; Ord. 1841 § 1, 1980; Ord. 1877 § 1, 1981; Ord. 1886 § 1, 1981; Ord. 89-23 § 1, 1989; Ord. 89-37 § 1, 1989; Ord. 92-52 § 1, 1992; Ord. 94-49 § 1, 1994; Ord. 97-6 § 1, 1997; Ord. 98-2 § 1, 1998)

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. 2005-15 § 1, 2005; Ord. 2015-28 § 1, 2015)

The provisions of this chapter shall not apply to City vehicles while engaged in the official business of the City. (Ord. 1658 § 2, 1976)

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

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City of Newport Beach, CA § 12.32.025 NEWPORT BEACH CODE § 12.32.025

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.

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City of Newport Beach, CA § 12.32.025 VEHICLES AND TRAFFIC § 12.32.050

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. (1949 Code § 3295 (part); Ord. 908 (part), 1960)

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)

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)

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

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City of Newport Beach, CA § 12.32.050 NEWPORT BEACH CODE § 12.32.075

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)

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)

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.

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City of Newport Beach, CA § 12.32.075 VEHICLES AND TRAFFIC § 12.32.085

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. 87-12 § 1 (part), 1987; Ord. 2023-22 § 541, 2023)

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. 87-12 § 1 (part), 1987; Ord. 2023-22 § 542, 2023)

The following vehicles shall be permitted access to the Balboa Peninsula notwithstanding restrictions imposed pursuant to Section 12.32.080:

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City of Newport Beach, CA § 12.32.085 NEWPORT BEACH CODE § 12.32.095

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)

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)

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)

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City of Newport Beach, CA § 12.36.010 VEHICLES AND TRAFFIC § 12.36.030