HomeMy WebLinkAboutSS2 - Newport Beach Municipal Code and Council Policy Manual UpdateOctober 24, 2023
Agenda Item No. SS2
MEMORANDUM
TO: MAYOR BLOM AND MEMBERS OF THE CITY COUNCIL
FROM: GRACE LEUNG, CITY MANAGER
DATE: OCTOBER 17, 2023
RE: Newport Beach Municipal Code and Council Policy Manual Update
On September 13, 2022, the City Council approved Resolution No. 2022-58, creating the Ad
Hoc Municipal Code and Council Policy Review Committee (Ad Hoc Committee), and
appointing Mayor Blom, Mayor Pro Tern O'Neill, and former Mayor Muldoon to serve as its
members. The Ad Hoc Committee was tasked with reviewing the Newport Beach Municipal
Code (NBMC) and Council Policies to provide recommendations concerning (1) deleting or
reducing language, and (2) the advisability of applying sunset provisions for new and existing
code provisions, by June 30, 2023.
On April 11, 2023, the City Council approved Resolution No. 2023-18, extending the expiration
date of the Ad Hoc Committee to June 30, 2024, and appointing Council Member Kleiman to fill
the vacancy created on the committee when former Mayor Muldoon's City Council term expired.
After gathering information from some of the City's boards and commissions, conferring with
staff, and holding multiple meetings, the Ad Hoc Committee is now ready to present its
recommendations to the entire City Council and will do so at the October 24, 2023, study
session. The proposed modifications are being publicly posted now, at the Ad Hoc Committee's
request, to allow extra time for the City Council and members of the public to review the
proposed changes in advance of the study session.
It is important to note that the proposed redline changes to the NBMC only set forth the portions
of the NBMC proposed to be changed (i.e., in most instances, only the subpart proposed to be
changed is presented in redline and not the entire section or chapter).
Additionally, based on the proposed changes to Chapter 5.17 (Taxicabs) of the NBMC, there
was a need to adopt regulations for those taxicab businesses that are substantially located in
Newport Beach. The proposed regulations are set forth in Attachment B. Currently, no taxicab
business is substantially located in Newport Beach; however, regulations are necessary
because cities are now responsible for permitting these businesses.
Similarly, upon reviewing Council Policy L-21 (Sidewalk Cafe Standards and Procedures) in
conjunction with the proposed changes to Section 13.18.010 of the NBMC, City staff determined
Newport Beach Municipal Code and Council Policy Manual Update
October 17, 2023
Page 2
that Council Policy L-21 should be updated to eliminate duplicative provisions. The proposed
revisions to Council Policy L-21 are attached hereto as Attachment C.
The Ad Hoc Committee also requested recommendations regarding Council Policy changes
from the Board of Library Trustees, the City Arts Commission, the Harbor Commission, the
Parks, Beaches and Recreation Commission, and the Planning Commission. Of these
commissions, the Parks, Beaches, and Recreation Commission submitted a recommendation to
revise several Council Policies. The proposed changes are set forth in the staff report package
reviewed by the Parks, Beaches, and Recreation Commission, which is attached hereto as
Attachment D.
Staff anticipates bringing the NBMC and Council Policy changes for the Council's further review
and approval at its November 14, 2023 meeting.
Attachments:
A — Redlined Newport Beach Municipal Code
B — Proposed Supplemental Taxicabs Regulations
C — Redlined Council Policy L-21
D — PB&R Commission Staff Report on NBMC and Council Policy Recommendations
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ATTACHMENT A
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Adoption of Code
1.04 Code Enforcement
1.05 Administrative Code Enforcement Program
1.06 Claims and Demands Against the City
1.07 Insurance and Indemnification Requirementsof the City f9F TwiFd o.,ny Challenges
1.08 Rules of Construction
1.10 Judicial Review of City Decisions
1.12 Citations and Warrants
1.16 Official Seal, Flag and Colors
1.20 Unclaimed Property
1.25 Municipal Election Campaign Contribution and Expenditure Control
1.26 Electronic Filing of Campaign Disclosure Statements
1.28 Lobbyist Registration and Reporting
1.30 Reserved
1.32 Council Term Limits
1.35 Eminent Domain
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Chapter 1.01
ADOPTION OF CODE
1.01.020 Codification Authority.
This Code consists of all regulatory, penal and certain administrative ordinances of the City of NewpeFt
Beach, codified pursuant to the authority of Seetien 415 ^f the City Charter Section 415 ^f the City eT
Pjew^^rt Beach and Cal. Gov. Code Sections 50022.1 through 50022.10 ^f the Calif^rn; G-^„^.rp.m.
Cie.
1.01.030 Filing of Copies.
A copy of this Code shall be maintained in the Office of the City Clerk. ",.,.^,.d. nee vith the pFevisi^^s ^f
Seetiens —f the -EaI*fArn*a-QoveFRMeRt Cede, ^^* lass than three One copy+es of each primary
code and secondary code, as defined in Cal. Gov. Code Section 50022.1, which is adopted by reference,
shall be filed in the Office of the Citv Clerk in accordance with Cal. Gov. Code Section 50022.6. ^fide
1.01.040 Amendments - Notations.
Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions,
the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of thise
Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such
action is taken.
Duly certified copies of every ordinance making changes +r-,e4to thise Code shall be filed in the Oeffice
of the City Clerk in books for such purpose, duly indexed for ready reference.
Every section of thise Code so changed shall have printed thereon a notation of the ordinance number
pursuant to which such change is adopted.
bee.n Made, te be reprinted, including the net.atie—n @S tn- the n—rd—R-ARee R-Wrn—hp-r pursuant te y.ghir--h Such
change as adepted, in err-ler that -;;t least twice yearly the leese leaf cepies ef such Cede prepared fer the
;;Ad PAAWPAiPAPP Af thP Affieers ;;Rd employees of the City and the geneFal publie, may be bmught UP
At le-ast tv.oiee yeaFly, the City Clerk shall Gza'-'Se the loose leaf pages of the GA-p-le in i.qh;c--.h chaRges have
e date
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Chapter 1.04
CODE ENFORCEMENT
Sections:
1.04.010
Violations, Penalties and Enforcement.
1.04.020
Public Nuisances.
nd.... iRig+,.athop n,.,..,WAng
1.04.040
1.04.050
V*AlatiAn ni
Parking Violation —Infraction.
1.04.060
Safety Enhancement Zone.
1.04.010 Violations, Penalties and Enforcement.
The provisions of this section represent the means and methods by which the City of Newport Beach
intends to secure compliance with the provisions of this Code. The City may use any or all of the
enforcement options in securing compliance with the provisions of this Code and multiple enforcement
options may be used to achieve compliance with respect to persons who commit continuing violations. A
separate offense shall be deemed to have been committed whenever: (a) a person repeats the act that
constitutes the violation; or (b) any condition or circumstance that constitutes a violation is allowed to
exist for more than twenty-four (24) hours.
A. Infraction. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this Code may be prosecuted for an infraction. Written citations for
infractions may be issued by police officers or non safety employees designated in Section
1.12.020. Except where a specific fine for an infraction is provided for in this Code, or as provided
in subsectionExeept a id'^^' 4A subseet4en _(B)^f this <ectie- , any person convicted of an
infraction under the provisions of this Code shall be punishable either by fines as +s-specified in
the currently adopted Uniform Infraction Bail Schedule used by the Orange County Superior
Courts, or where no fine is specified therein by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same
ordinance within one year from the date of the prior violation; and
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of
the same ordinance within one year from the date of the prior violation.
B. Safety Enhancement Zone. For any violation of thise Nelai^^r+ Qeaeh M nieipa Code that is
committed within an area that has been designated by the City Council as a Safety Enhancement
Zone pursuant to Section 1.04.060, and during the time that designation is effective, the fine shall
be treble the amount otherwise prescribed or where the violation is considered an infraction and
no fine is specified bythe fine shall be as follows:
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1. A fine not exceeding three hundred dollars ($300.00) for a first violation;
2. A fine not exceeding six hundred dollars ($600.00) for a second violation of the same
ordinance within one year from the date of the prior violation;
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of
the same ordinance within one year from the date of the prior violation.
C. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for
misdemeanors may be issued by police officers or by non_safety employees designated by Section
1.12.020. Any person convicted of a misdemeanor under the provisions of this Code shall be
punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term
not exceeding six months, or by both such fine and imprisonment.
D. Civil Action. The City Attorney, by and at the Fequest of the City y Ceuni4, may institute an
action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to
be in violation of the provisions of this Code, as provided by law. In any civil action, in addition to
all other remedies, costs, fines and fees, the court may impose civil penalties payable to the City
in an amount not to exceed one thousand dollars ($1,000.00) per violation for each day the
violation is found to exist against any person who commits, continues, operates, allows or
maintains any violation of any provision of this Code. In determining the amount of the civil
penalties to be assessed on a daily rate for each violation, the court may consider some or all of
the following factors:
1. The duration of the violation;
2. The frequency of recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The person's conduct after issuance of any notice;
7. The economic impact of the penalty;
8. The impact of the violation upon the community; and
9. Any other factors that justice may require.
E. Administrative Code Enforcement Program. Upon a finding by the City official vested with the
authority to enforce the various provisions of this Code that a violation exists, he er s"ethe City
official may take any action authorized under the provisions of Chapter 1.05.
104 040 Vanlatin . of Admanktratiyp Prmokennc
deeffled @ failure te perfe—r.m. the duti.es under-, er te ebserve the rules and regulatiens A-f the department;
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1.04.050 Parking Violation —Infraction.
Any person violating any provision of Sections 12.12.010 er 12.12.040, Chapter 12.40, Chapter 12.44,
except Sections 12.44.130 and 12.44.140, or Chapter 12.48 of this Code shall be guilty of an infraction.
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1.04.060 Safety Enhancement Zone.
A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is
a need to take immediate action to protect the public health, safety and welfare, designate a specific
geographical area as a "Safety Enhancement Zone" and specify the date and/or time that the designation
is effective upon a finding that the geographical area is subject to unique conditions and circumstances
during a specific period of time that create the potential for a significant threat to public health and safety
and that the threat would be reduced by enhanced penalties for violations of provisions of this= rd=vd-Fe
Code and increased responsibilities on the part of residents and occupants in the area.
The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions:
(a) a description of the geographical area comprising the Safety Enhancement Zone; (b) the date and time
during which the Safety Enhancement Zone designation is applicable to the geographical area; (c) the
factual basis for the designation; (d) the manner in which general notice of the Safety Enhancement Zone
and the penalties for violations shall be given; and (e) the manner in which specific notice of additional
duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by
the Safety Enhancement Zone designation.
B. West Newport Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone
the area bounded by the Pacific Ocean on the south, 32nd Street and Newport Boulevard on the east,
Pacific Coast Highway on the north and 54th Street on the west. This designation is effective from 12:01
a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect. The factual basis
for this designation is found in Section 1 ofthi-s Ordinance 2003-5. Notice of the Safety Enhancement Zone
designation shall be posted on or before 6:00 p.m. on July 3rd at no less than threes locations along
Pacific Coast Highway, four locations along Newport Boulevard/32nd Street, four 14LIocations along
Oceanfront Walk/Seashore Drive and two (2) locations along 54th Street. In addition, letters advising of
the Safety Enhancement Zone designation and the fines, penalties and provisions affected by the
designation shall be sent, on or before June 15th to each address and each owner of property (ownership
determined on the basis of the most recent property tax information available to the City) within the Safety
Enhancement Zone.
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Chapter 1.05
ADMINISTRATIVE CODE ENFORCEMENT PROGRAM
1.05.005 Legislative Findings and Statement of Purpose.
A. The City Council finds that the enforcement of thise Newport BeaGh MuniGipal Code -(the "Code"
throughout the City is an important public service and is vital to the protection of the public's health, safety
and quality of life.
C. The procedures established in this chapter are in addition to criminal, civil or other legal remedies that
may be available to the City to enforce violations of thise Code or applicable State lawsCedes.
E. The City Council finds that the adoption and implementation of this administrative code enforcement
program is within the power and authority of the City of "'ewpert Beach as a charter city and will achieve
the following goals:
1. To promote and protect the public health, safety and welfare of the citizens of the City -of
Newp Ft Q,,@C4;
2. To help ensure compliance with thise Code and State IaWSCAde5, ordinances and regulations
in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of administrative citations,
fines, penalties and costs that will fully comport with due process and provide those alleged to be
in violation of thise Code with the right to a fair hearing without the need for legal counsel;
4. To provide a method to hold parties responsible when they fail or refuse to comply with the
provisions of thise Code, ordinances, agreements or terms and conditions on entitlements in the
City of Newport Roach. and
5. To reduce the burden on the judicial system and minimize the time and expense of defending
the alleged violation on the part of the responsible person.
1.05.020 Authority and Administrative Citation Fines.
A. Any responsible person violating any provision of this Code may be issued an administrative citation
by an Enforcement Officer as provided in this chapter. A violation of this Code includes, but is not limited
to, all violations of thise Newport Beaeh MURi ip Code, any codes adopted by the City Council (i.e.,
Building Code, Fire Code, etc.), and the failure to comply with any condition imposed by any entitlement,
permit, agreement or environmental document issued or approved pursuant to this Code or State law.
F. In the case of administrative citations issued for violations of Chapter 5.28 f{Live Entertainment
Establishmentsl}; Chapter 5.32 f{Cafe DancesJ4; Chapter 5.95 ffShort Term Lodging Permitf}; Section
6.04.100 (Prohibited Material); Section 6.04.110 (Accumulation Limitation); Section 10.50.020(H)
ffviolation of terms or conditions of a use permit issued by the CityJ4; Section 12.63.030 (Franchise to
Operate Required); Section 12.63.120 (Recycling Requirement); Section 12.63.130 (City Inspection
Authority); Section 14.36.030 resulting in bay or beach closure fflllicit Connections and Prohibited
DischargesJ4; Cal.ifernia Fire Code Section 107.5 (as adopted by Section 9.04.010); Cal.ifernia Fire Code
Section 107.5.1 (as adopted by Section 9.04.010); Section 17.45.030 [Waste and Refuse]; or Chapter 17.10
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jfMarine Activities PermitJ4, administrative fines shall be assessed in the following amounts when
authorized by the City Manager ^.r hiS ^r her designee:
1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation;
2. A fine not exceeding two thousand dollars ($2,000.00) for a second violation of the same
ordinance or permit within one year from the date of the prior violation; and
3. A fine not exceeding three thousand dollars ($3,000.00) for a third violation, or any
subsequent violation, within one year from the date of the prior violations.
1.05.050 Administrative Costs Recovery.
G. Any responsible person aggrieved by the Hearing Officer's decision under this section may obtain
judicial review of that decision by filing a petition for review with the Orange County Superior Court in
accordance with Cal. Code Civ. Proc. Section 1094.5the +;m .,roes and n ^+ f^.-+H ip Calif^mia
1.05.060 Appeal of Administrative Citation.
A. Any recipient of an administrative citation may contest that there was a violation of thise Code or that
he or she is the responsible person by completing a request for hearing form and returning it to the City's
Finance Department within twenty-one (21) calendar days from the date of service of the administrative
citation, together with an advance deposit of the fine or a notice that a request for an advance deposit
hardship waiver pursuant to subsection (B) of this section has been filed. Any administrative citation fine
which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in
the administrative citation was not responsible for the violation(s) or that there was no violation(s) as
charged in the administrative citation.
B. Any responsible person who requests a hearing to contest that there was a violation of thise Code or
that he or she is the responsible person for the violation and who is financially unable to make the advance
deposit of the fine as required may file a request for an advance deposit hardship waiver within fifteen
(15) calendar days from the date of service of the citation. The failure of any person to timely file a written
request for an advance deposit hardship waiver with the City's Finance Director, er hiS OF her deSig^^^
shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance
deposit hardship waiver.
1. The request for an advance deposit hardship waiver shall be in writing and describe with
particularity the responsible person's actual financial inability demonstrating why all or a part of
the fine cannot be paid. Further, the written request for an advance deposit hardship waiver must
be accompanied by a sworn affidavit, together with any supporting documents or materials,
demonstrating to the satisfaction of the City's Finance Director, eF hiS ^r heF desig^^^, the
responsible person's actual financial inability that necessitates an advance deposit hardship
waiver. The City's Finance Director, eF his ^F heF designee,.is entitled to request additional
documentation and information from the responsible person in erdeF to fully assess the waiver
request. The failure of any responsible person to timely submit all requested additional
documentation and information to the City's Finance Director, er his er heF designee, as requested
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shall be deemed a failure to exhaust the responsible person's administrative remedies with regard
to the advance deposit hardship waiver.
2. Once a complete written request for an advance deposit hardship waiver is filed with the City's
Finance Director, ^.r his ^r "^" designee, the requirement of depositing the full amount of the fine
shall be stayed until the City's Finance Director, er his ^F her desig^^^, determines whether to
grant, grant in part, or deny the request. The written determination of the City's Finance Director,
^.r "iS ear hear designee shall be served on the person requesting the advance deposit hardship
waiver as provided for in this Code. The written determination of the City's Finance Director, e-r
"iS ^.r hear designee, shall be final.
3. If the City's Finance Director, ear his eF her deSig^^^ grants the advance deposit hardship
waiver, the responsible person shall not be required to deposit the fine in advance of the hearing.
4. If the City's Finance Director, or his ^~ her desigRee, grants in part the advance deposit hardship
waiver, the responsible person shall remit that amount of the fine as a deposit that the City's
Finance Director, ear his ear her deSig^^^, determines the responsible person has the ability to pay
within ten (10) ealendaF of that decision or twenty-one (21) ealendaF from service of the
administrative citation, whichever is later.
5. If the City's Finance Director, ^.r his ^.r he.r designee denies the request for an advance deposit
hardship waiver, the responsible person shall remit the full amount of the fine as a deposit to the
City within ten (10) calepelar days of that decision or twenty-one (21) calendar days from service
of the administrative citation, whichever is later.
6. The granting, or granting in part, of any request for an advance deposit hardship waiver shall
not excuse or discharge any continuation or repeated occurrence of any violation of this Code, nor
shall it bar further enforcement action by the City.
7. The granting, or granting in part, of any request for an advance deposit hardship waiver shall
not excuse the responsible person from paying the full amount of the fine if the administrative
citation is upheld by the hearing officer following an administrative hearing.
1.05.065 Administrative Penalties.
K. Within forty-five (45) days of the completion of the administrative hearing on an administrative
penalties notice and order, the Hearing Officer shall issue an administrative penalties enforcement order.
The administrative penalties enforcement order shall become final as to the City and take effect on the
date it is signed by the Hearing Officer. The administrative penalties enforcement order shall be subiect to
dicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
O. Any responsible person aggrieved by an administrative penalties enforcement order may obtain
judicial review of that order by filing a petition for review with the Orange County Superior Court in
accordance with the timelines and provisions set forth in Galife-Fria Gedle ^f G_ivil °r^^^p'ur^Cal. Code. Civ.
Proc. Section 1094.6.
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1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may
obtain review of the administrative decision by filing a petition for review with the Orange County Superior
Court in accordance with the timelines and provisions as set forth in Galiferpia GAve-PpMeRt Gerd Cal. Gov.
Code Section 53069.4.
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Chapter 1.06
CLAIMS AND DEMANDS AGAINST THE CITY
Sections:
1.06.010
Purpose and Intent.
1.06.020
Claims Against City.
1.06.030
1-06,040
Application; Effective Date.
c.,.,,,..ability.
1.06.010 Purpose and Intent.
The Government Claims Act (Cal. Gov.emmenc Code Section 810 et seq.) provides that no suit for money
or damages may be brought against the City unless a claim has been timely presented to the City. The
general claim procedures are governed by the provisions of Cal. Gov. Code, Title 1, Division 3.6, Part
jChaptei: 1A-f Pa.rt 3A-f Dilien 3.6 of ve e.pt Cede -ef the State, commencing with Section 900
wig, which also provide that local ordinances shall govern those claims which are excluded by
the Act and which are not expressly governed by another State statute.
The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to
all claims excluded by the Act or, not expressly governed by statute, including claims which currently exist,
whether or not they have been presented to the City. This chapter is not intended to extinguish existing
claims without providing a reasonable period for the presentation of those claims.
1.06.020 Claims Against City.
A. All claims and demands against the City for damages or money, which are not governed by any other
statute or regulation expressly related thereto, including those claims exempted by Cal. GOV_cmrnent Code
Section 905, shall be presented within the time and in the manner prescribed by Cal. Gov. Code, Title 1,
Division 3.6, Part 3_ of Divas;^., -3.6 of Title' (Section 900 et seq.) of the G-,,.,o,-.,me t Cede
B. All claims or demands against the City shall be made in writing and filed with the City Clerk. All claims
shall be signed by the claimant or by hor, Ar ht-Claimant's Gguardian, conservator, executor or
administrator. No claim may be filed on behalf of a class of persons unless signed by the representative
claimant along with sufficient information to ascertain the class itself.every member of that class"
C. In accordance with Cal. Gov.ernrnenR Code Sections 935 (b) and 945.4, all claims shall be presented as
provided in this section prior to the filing of suit on such claims.
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1.06.030 Application; Effective Date.
As of the effective date of the ordinance codified in this chapter, the provisions of this chapter shall be
applicable to any claim described in this chapter which is not otherwise time -barred. If the application of
the time periods established by this chapter would extinguish an existing claim which is not otherwise
time -barred, then the date by which that claim must be presented to the City shall be the sooner of:
A. The date any applicable claims period would have expired; or
B. Sixes months after the effective date of the ordinance codified in this chapter for claims described in
the first sentence of Cal. Gov.Gevernment Code Section 911.2 or one year after the effective date of
the ordinance codified in this chapter for claims described in the second sentence of that section. Nothing
in this chapter shall be construed to extend the time for the presentation of any claim which time was
established by statute, ordinance, or other law in effect, prior to the adoption of the ordinance codified in
this chapter.
this The City
Geuncil
that it have the A-Faimpapece this
chapter,
dlecla.res passed ce-dified ehapteF and
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Chapter 1.07
INSURANCE AND INDEMNIFICATION REQUIREMENTSOF TWE GATY FOR THIRn PARTY CHAP i Fnicrc
Sections:
1.07.010 Purpose and Findings.
1.07.020 Definitions.
1.07.025 Insurance.
1.07.030 Indemnification Required.
1.07.040 Conditions.
1.07.050 Indemnification —Payment on Demand.
1.07.010 Purpose and Findings.
A. The City Council finds that the issuance of licenses, permits and other approvals pursuant to the
provisions of this Code creates a risk to the City +".,+ `` a`-s^"`-a+^,- vVithas a result of issuing those licenses,
permits and approvals, which are primarily for the benefit of the applicant, licensee or permittee. This is
especially true for projects for which discretionary City approvals are necessary and for which-prejeet
pFepenentsmake —@pp;ie-at+e;Tte tie—G+ty may, in addition to other legal requirements, FeqUiFe
environmental review by the City is required pursuant to the C- l..fer^;4 EnYiF,,n..,.,,,ntal Quality Aet "CEQA"
because, among other things, substantial City time and effort are expended in complying with CEQA's
requirements and other legal requirements necessary before granting such approvals.
B. Judicial challenges arising from or related to the issuance of licenses, permits and other approvals,
especially tithe City's CEQA determinations for projects requiring discretionary approvals, are costly and
time consuming. In addition, project opponents often seek an award of attorneys' fees or costs in such
challenges. As project applicants, licensees, and permittees are the primary beneficiaries of such
approvals, it is appropriate that such applicants, licensees and permittees should bear the expense of
defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees,
and damages which may be awarded to a successful challenger.
1.07.020 Definitions.
In this chapter the following words or phrases shall have the following meanings:
"Application" means an initial written request required by the City which commences the City's processing
of the project that requires a discretionary approval and approval of a CEQA document.
"CEQA" means the California Environmental Quality CeRtFelAct and the State CEQA Guidelines (Cal. Pub.
Resources Code Section 21000 et seq. and 14 CCR Section 15000 et seq.) and any action taken pursuant
thereto including, but not limited to, an environmental impact report, subsequent environmental impact
report, supplemental environmental impact report, mitigated negative declaration, negative declaration,
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addendum to an environmental impact report or negative declaration, statutory exemption, categorical
exemption, or a determination that no CEQA document is required.
attorneys cmpleyees, agents and zeningadminTstFater.
"Project" means any amendment, modification permit, use permit, variance or other City issued permit
that requires discretionary approval in accordance with this Code.
1.07.025 Insurance.
For any license, permit or approval issued pursuant to this Code, the City may add as a condition of
approval a requirement that the applicant, licensee, or permittee obtain insurance that will substantially
protect the City from liability. The Risk Manager shall have the authority to determine all insurance
requirements including, but not limited to, certificates, language, type, amount, endorsements, and
waivers of subrogation. Insurance required by the Risk Manager or as otherwise provided for under the
provisions of this Code shall be governed by the following requirements:
A. Each certificate of insurance shall reauire aooroval by the Risk Mana
B. Insurance furnished must contain a condition that it cannot be modified or cancelled without
at least thirty (30) days' written notice to the City;
C. All insurers shall be authorized by the California Insurance Commissioner to transact the
business of insurance in the State of California, with an assigned policyholders' rating and financial
size category class determined to be appropriate by the Risk Manager; and
D. Any other requirements the Risk Manager deems necessary to protect the interests of the City.
The City Manager or Risk Manager may waive any of the requirements set forth in this section if they
determine the requirement is unnecessary to protect the interests of the City.
1.07.030 Indemnification Required.
A. For any license, permit or approval issued pursuant to this Code, the City may add as a condition of
approval a requirement that the licensee, permittee, or applicant indemnify, defend, indemnify, release
and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and
employees, from and against any and all claims, demands, obligations, damages, actions, causes of action,
suits, losses, iudgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from
or in any manner relate (directly or indirectly) to the license, permit, or approval. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, or proceeding whether incurred by
licensee, permittee, or applicant, the City, and/or the parties initiating or bringing such proceeding.
B. _Any applicant for a discretionary permit under any provision of this Code which also requires a
determination under CEQA shall be provided notice of the provisions of this chapter. Any project approval
may, in the discretion of the approving body, be conditioned to indemnify the City according to the
provisions of this chapter, as follows:
SS2-16
A. Defend, indemnify, release and hold harmless the City, its City Council, boards and commissions,
zoning administrator, officers, agents, volunteers, and employees from and against any and all claims,
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs)
of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly)
to the project, the project's approval based on the City's CEQA determination and/or the City's failure to
comply with the requirements of any federal, Sstate, or local laws, including, but not limited to, CEQA,
General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action, or proceeding whether incurred by the applicant, the City, and/or the parties
initiating or bringing such proceeding.
1.07.040 Conditions.
Any indemnification required under the provisions of this chapter shall be subject to the following:
A-1. The City shall promptly notify the applicant, licensee or permittee of any claim, action, or
proceeding related to any license, permit or approval or that is brought to attack, set aside, void
or annul a discretionary project approval, and/or approval of a related CEQA document;
B-2. The City shall retain the right to participate in the defense of the claim, action or proceeding
including selection of defense counsel;
C3. The applicant, licensee or permittee shall not be required to pay or perform any settlement
unless the settlement is approved by the applicant, licensee or permittee; and
D4. The applicant, licensee or permittee shall indemnify the City for all of City's costs, fees, and
damages which City incurs in enforcing the indemnification agreement.
1.07.050 Indemnification —Payment on Demand.
The applicant, licensee or permittee shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this chapter.
SS2-17
Chapter 1.08
RULES OF CONSTRUCTION
Sections:
1.08.010
Effect of General Provisions.
1.08.020
Effect of Title, Chapter and Section Headings.
1.08.030
Territorial Limitation.
1.08.040
Unlawful Acts or Omissions Inclusive.
1.08.050
Authority of Designated Officialseies.
1.08.055
Hearing Officer.
1.08.060
Writing Defined.
1.08.070
Extent of Reference.
1.08.080
Service of Notices.
1.08.090
Proof of Service of Notice.
1.08.100
Posting of Public Notices.
1.08.105
Consumer Price Index Adjustments.
1.08.110
Interpretive Provisions.
1.08.120
Definitions.
SS2-18
Chapter 1.08
RULES OF CONSTRUCTION
1.08.050 Authority of Designated Officialsies
A. Unless a person is specifically prohibited from doing so by the City Charter, State or federal law, when
this Code vests a duty, obligation or responsibility in an official, department director, or employee, the
official, department director or employee may designate a City position or another person to act on their
hehalf_
B. Any official, department director, or employee who vests a duty, obligation or responsibility in a
designee, shall inform the City Clerk of the designation. The City Clerk shall maintain a list of all
designations and shall provide a copy to the public upon request. -Whenever heneyer a peweF as granted to
GlUty OS OMPOSed UPOR a public eff�icer-, E)F employee, the poweF FRay be exercised, or the duty may b
..... „. .,.,......,....,.., ._....,.,., ....., ...,,......,.r.. Y r,..,..._�..,
1.08.070 Extent of Reference.
Whenever a reference is made to any portion of this Code, e-r-to any ordinances of this City, to any State
law, rules or regulations or to any federal law, rules or regulations, the reference ^"includes all
amendments and additions now or hereafter made thereto and/or any successor statute.
1.08.100 Posting of Public Notices.
Wherever any section of this Cc -ode requires the posting of a notice in a public place, such notice shall afse
be posted An the h- i"^*i^ "^;"'l ^{ the in accordance with all legal requirements at -City Hall of the E
NewpGlFt Beach.
1.08.105 Consumer Price Index Adiustments.
Whenever this Code calls for an increase of an amount, limit or rate schedule that is set forth in this Code
to reflect the change in the Consumer Price Index, as defined in Section 1.08.120, the increase shall apply
to the current amount, limit or rate schedule that is then in effect on the date adjustment. Unless another
adjustment date is specifically set forth in this Code, the effective date of any adjustment shall be July 1.
Unless another time period for calculating the change in the Consumer Price Index is specifically set forth
in this Code, the increase to the amount or limit shall be determined by calculating the percentage change
from March of the prior year to March of the current year.
1.08.120 Definitions.
Unless a more specific definition is provided or the context in which they are used clearly requires
otherwise, the following terms and phrases used in this Code shall have the meaning ascribed to them in
this part:
Assistant City Manager. The term "Assistant City Manager" means the Assistant City Manager of the City
Manager's Office.
SS2-19
Building Official. The term "Building Official" means the Building Manager or Chief Building Official of the
City's Community Development Department or the person designated by the Community Development
Director as the Building Official.
California Code of Regulations. The terms "California Code of Regulations or "CCR" means the state
administrative regulations that are cited as "title number CCR section number" or "title number CCR
division number, chapter number, article number, section number.
California Environment al Quality Act or CEQA. The terms "California Environment -al Quality Act" or
"CEQA" means the California Environmental Quality Act (Cal. Pub. Resources Code Section 21000 et seq.)
and the State CEQA Guidelines (14 CCR Section 15000 et seg.).
Chief of Police. The terms "Chief of Police" or "Police Chief" means the individual who manages and directs
the City's Police Department.
City. The term "City" means the City of Newport Beach, a municipal corporation and charter city, or, when
referring to territory or territorial limits, it means the area within the territorial City limits of the City and
such territory outside the City over which the City has jurisdiction or control by virtue of any law.
City Attorney. The term "City Attorney" means the City Council appointed official who occupies the
position as the City Attorney of the City.
City Charter. The term "City Charter" means the City Charter of the City of Newport Beach.
City Clerk. The term "City Clerk" means the City Council appointed official who occupies the position as
the City Clerk of the City.
City Council. The term "City Council" means the City Council of the City of Newport Beach.
City Hall. The terms "City Hall" or "Civic Center" means the City's Civic Center located at 100 Civic Center
Drive, Newport Beach, California, that includes most administrative offices of the City and related parking.
City Manager. The term "City Manager" means the City Council appointed official efo�y who occupies
the position as the chief administrative officer of the City.
City Engineer. The term "City Engineer" means the City Engineer of the City's Public Works Department,
or the individual designated by the Public Works Director as the City Engineer.
City Treasurer. The term "City Treasurer" means the individual appointed as the City's Finance Director.
Code. The term "Code" means the Newport Beach Municipal Code.
Community Development Director. The term "Community Development Director" means the individual
who manages and directs the City's Community Development Department.
Consumer Price Index. The term "Consumer Price Index" means the Los Angeles -Long Beach -Anaheim,
California Area, All Urban Consumers, All Items, Base Period (1982-84=100), or successor index, as
published by the United States Department of Labor. Bureau of Labor Statistics.
Council. The term "Council" means the City Council of this City.
County. The term "County" means the County of Orange.
SS2-20
Day. The terms "dav" or "days" means a calendar day. unless otherwise specifically provided.
Day care center. The term "Day care center" means a child care —infant center, and child care center
(preschool) licensed by the State of California Department of Social Services that is not located on a
residentially zoned property including, but not limited to, Bright Horizons at Newport Beach; Carden Hall;
Catalyst Kids -Newport Heights; Christ Church by the Sea Children's Center; Environmental Nature Center
(ENC) Nature Preschool; Miraculous Milestones; Montessori Way Learning Center, Inc., Newport Coast
Child Development Preschool; Newport Harbor Lutheran Church; St. Andrew's Preschool; St. Mark
Community Preschool; St. Matthew's Montessori Preschool; Temple Bat Yahm; and Tutor Time Child
Care/Learning Center.
Designee. The term "designee" means a position, employee, or person that is authorized to fulfill a duty,
obligation or responsibility.
District Attorney. The term "District Attorney" means the Orange County District Attorney.
Fair Political Practices Commission. The terms "Fair Political Practices Commission" or "FPPC" means the
five -member independent, non -partisan commission that has primary responsibility for the impartial and
effective administration of the Political Reform Act.
Finance Director. The term "Finance Director" means the individual who manages and directs the City's
Finance Department.
Fire Chief. The term "Fire Chief' means the individual who manages and directs the Fire Department.
Fire Marshal. The term "Fire Marshal" shall mean the Fire Marshal of the City's Fire Department or the
individual designated by the Fire Chief as the Fire Marshal.
Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City.
Harbor Department. The term "Harbor Department" shall mean the Harbor Department of the City. Any
provision within this Code or any uncodified ordinance or resolution referring to the Harbor Resources
Division shall mean the Harbor Department.
Harbormaster. The term "Harbormaster" shall mean the individual who manages and directs the Harbor
Department. Anv provision within this Code or anv uncodified ordinance or resolution referring to the
Harbor Resources Manager shall mean the Harbormaster.
Health Officer. The term "Health Officer" means the Orange County Health Officer.
Human Resources Director. The term "Human Resources Director" means the individual who manages and
directs the City's Human Resources Department.
Library Services Director. The term "Library Services Director" means the individual who manages and
directs the City's Public Library System.
Oath. The term "oath" means and includes affirmation.
Office. The term "office" meansuse of the title of any officer, employee, or office, er erdinance means such
e#+Eer, employee, e#+se, ^r ^rd-finance of the City of Newport Beach.
SS2-21
Owner. The term "owner" applied to a building or land, means and include any part owner, joint owner,
tenant, tenant in common or joint tenant, of the whole or a part of such building or land.
Pacific Ocean. The term "Pacific Ocean" means the waters off of the City from the beach to a point three
(3) nautical miles seaward.
Person. The term "person" means and includes any individual, firm, partnership, joint venture, limited
liability company, association, social club, fraternal organization, corporation, estate, trust, business trust,
receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States,
this State, any county, city and county, municipality, district, or other political subdivision of the State, or
any other group or combination acting as a unit.and e-Judl^ firm asseeiatien,erganizatieF�-,
Public park of public facility. The terms "public park" or "park facility" means all publicly owned, managed
or leased land that is open to the public, walking or hiking trails, parks and park -related buildings, facilities
and improvements, and any school facilities when they are in use as recreational or community center
facilities and under the control of the Director of the Recreation and Senior Services Department including,
but not limited to, Arroyo Park; 38th Street Park; Back Bay View Park; Bayside Park; Bayview Park; Begonia
Park; Big Canyon Park; Bob Henry Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek Park &
Community Center; Buffalo Hills Park; Canyon Watch Park; Carroll Beek Community Center and Balboa
Island Park; Castaways Park; Channel Place Park; Civic Center Community Center; Civic Center Park; Cliff
Drive Park and Community Center; Coastal Peak Park; Corona del Mar Pocket Park; Corona del Mar State
Beach; Dog Park; Eastbluff Park & Boys and Girls Club; Galaxy View Park; Gateway Park; Grant Howald Park
& Community Youth Center; Harbor View Nature Park; Harbor Watch Park; Inspiration Point; Irvine Terrace
Park; Jasmine Creek Park; John Wayne Park and Theater Arts Center; Kings Road Park; L Street Park; Lake
Ave Park; Lido Park; Lincoln Athletic Center; Lookout Point; Los Trancos Canyon View Park (lower, middle,
upper); Lower Castaways Park; M Street Park; Marian Bergeson Aquatic Center; Marina Park; Mariners
Park and VJ Community Center; Mesa Birch Park; Miramar Park; Myrtle Park; Newport Aquatic Center;
Newport Coast Community Center; Newport Island Park; Newport Shores Park; North Star Beach; OASIS
Senior Center; Old School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and Lawn Bowling
Center; San Miguel Park; Spyglass Hill Park; Spyglass Hill Reservoir Park; Sunset Ridge Park; Sunset View
Park; Upper Buck Gully Reserve; Uptown Park; Veteran's Memorial Park; West Jetty View Park; West
Newport Community Center; West Newport Park; and Westcliff Park.
Public Works Director. The term "Public Works Director" means the individual who manages and directs
the Citv's Public Works Department.
Recreation and Senior Services Director. The term "Recreation and Senior Services Director" means the
individual who manages and directs the City's Recreation and Senior Services Department.
Revenue Division. The term "Revenue Division" means the City's Finance Department Revenue Division.
Risk Manager. The term "Risk Manager" means the Risk Manager of the City's Human Resources
Department, or the individual appointed by the Human Resources Director as the Risk Manager.
School. The term "School" means an institution of learning, whether public or private, which offers in -
person instruction in grades K through twelve (12) in those courses of study required by the California
Education Code and is licensed by the State Board of Education. This definition includes all kindergarten,
SS2-22
elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State
Department of Education including, but not limited to, Andersen Elementary School; Carden Hall; Corona
del Mar Middle and High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day
School; Harbor View Preschool and Elementary School; Lincoln Elementary School; Mariners Elementary
School; Newport Christian Academy; Newport Coast Preschool and Elementary School; Newport Preschool
& Elementary School; Newport Harbor High School; Newport Heights Elementary School; Our Lady Queen
of AnEels Catholic School: Pacifica Christian Hieh School: and Saee Hill HiLyh School.
State. The term "State" means the State of California.
Streets. The term "street" means and include all streets, roads, highways, avenues, lanes, alleys, courts,
boulevards, places, squares, curbs, or other public ways in this City, which have been or may hereafter be
dedicated and open to public use, or such other public property so designated in any law of this State.
Tenant, Occupant. The term "tenant or occupant" applied to a building or land means and include any
person who occupies the whole or part of such building or land, whether alone or with others.
Utilities Director. The term "Utilities Director" means the individual who manages and directs the City's
Utilities Department.
SS2-23
Chapter 1.10
JUDICIAL REVIEW OF CITY DECISIONS
Sections-
1.10.010 Applicability of Cal. Civ. Proc. Section 1094.6.
1.10.020 - Notice of Time Limit for Review.
1.10.010 Applicability of Cal. Code of Civ. Proc. Section 1094.6.
Cal. Civ. Proc. Section 1094.6 is applicable to the decisions of the City Council, and of any department,
board, commission, officer or agent of the City revoking or denying an application for a permit, license or
other entitlement or denying an application or allowance which is subject to the judicial review pursuant
to Cal. Civ. Proc. Section 1094.5.
1.10.020 - Notice of Time Limit for Review.
The City Council, and any department, board, commission, officer, agent or employee of the City which
makes such a decision shall give notice to the affected party that the time in which to seek judicial review
of decision subject to the iudicial review pursuant to Cal. Civ. Proc. Section 1094.5 is governed by Cal. Civ.
Proc. Section 1094.6.
SS2-24
Chapter 1.12
CITATIONS AND WARRANTS
Sections:
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
1.12.020 NIRAAC Authority of Public Officers or Employees to Issue Citations.
1.12.030 Violation of Promise to Appear.
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
Except as provided in this chapter, the provisions of Cal. Pen. Code Part 2, Title 3, 2-, Chapter 5cC, T+t-e
3 PaFt 2 Of *"^ Gal. PP-.R.-;;' C-eH'^ Of the -State ^{ G-a'ifGFRia Rded, are hereby adopted and made a
part of this chapter as though fully set forth. The peace officer employees of the City are authorized to
issue infraction citations for violations of this Code as an alternative to their existing authority to issue
citations and arrest for misdemeanors.
1.12.020 AIRAAC Authority of Public Officer or Employees to Issue Citations.
A. The following designated public officers and employees shall have the power to issue citations for
any violation-, ^{ the erd-inapees and- la .,.. specified i^ *" - of this Code:
Al. Animal Control Officers, Community Service Officers, Custody Officers, Parking Control
Officers, Police Officers and employees holding positions in the Police Department designated by
the Police Chief;
The Communitv Development Director. Harbormaster. Public Works Director. and
employees holding positions in these departments designated by the director of the department,
3. Code Enforcement Officers; and
4. Municipal Compliance Officers who may be employed by contract.
B. The following designated public officers and employees shall have the power to issue citations for
violations of the following provisions of this Code:
91. The Fire Chief, Public `^ aFks DoreetaF and- Har"^R^"&*^ , and other employees holding
positions in the Fire Departmentm^m"^ps ^f the stag designated by the Fire Chief, Public `^ aFk
n'rprtnr ^^d u^r"^rm;ir*^ ; shall have the power to issue citations for any violation of Titles 5, 9
11 and 17, Chapters 7.04, 7.16, 7.20, and 7.30, and Sections 6.04.050, 6.04.190 and 10.06.010.
Q. The Revenue Manager and other employees holding positions in the Finance Department
designated by the'^eartment staff designated by the Finance Director shall have the power to
issue citations for any violations of Titles 3, 5, 6 and 10, Section , nn 060 and Chapters 12.62 and
12.63. and Section 12.40.060.
SS2-25
3. The Building Official, and other employees holding positions in the Building Division4a4
designated by the Building Official, shall have the power to issue citations for any violation of Title
15 of this Code.
4.�. Park Patrol Officers shall have the power to issue citations for violations of Chapters 11.03
and 11.04 of this Code and for violations of any provision of this Code occurring in parks or parking
violations occurring in parking lots servicing parks and other City facilities.
5. The City Clerk shall have the power to issue administrative citations for violations of Chapter
1.28.
C. The following designated public officers and employees shall have the power to issue citations for
violations e#t#e of the followinE Drovisions of state or local law:
1. Animal Control Officers, Community Services Officers, Custody Officers, Police Officers,
and Parking Control Officers, v ^'„^+^eFs (as-auth^Y;-z^,- by Seeti^^ 2250-:7 o .,f the Vehicle Cede f^r
handiGapped PaFki^^ ^^f^re^m^^+` and other employees holding positions in the lea
h^,-� .,f +h^ Police Department staff shall have the pE)weF to issue GitatiGRS f^r aRY ^W;^n
of this Cede and anY6ede of the S+-a+^ ^f CalifoMia as assigneddesignated by the Chief of Police
shall have the power to issue citations for violations of Cal. Veh. Code, to the maximum extent
allowed under State law, including, but not limited to, Cal. Veh. Section 22507.8 and local
ordinances and resolutions adopted pursuant to Cal. Veh. Section 22511.7.
2. The Fire Chief, Public Works Director and Harbormaster and other employees holding
positions in these departments designated by them, shall have the power to issue citations for any
violation of Sections 22500.1 and 22514 of the Cal. Vehicle Code, the Cal. Fish &ate G.aFRe Code,
^f+he &@te .,f Califomia, Title 14 of the California Code of Regulations, +h n f+he Health
Safety Cede Of the ^f C.,';f^.");., that peFt,;^ +^ animals, and the provisions of Cal. Harb.
& N a v. Code, Division , E epte- r f Dems i��3-o-fr e �;h�s-and N�gat�e;TEed Cede State
^f r-.'a any provision of State or local law related to fire suppression or fire prevention and
any provision of State and local laws pertaining to the handling, use, storage or disposal of
hazardous materials or waste.
-
■
MIAMI
SS2-26
j. The City Gleirk -rh-;;" h-;we the power te- a-r-r---P- -administrative eitatie—Ar fqr w 0 Al;; ens of Chaptef
1.29.D. The City Clerk shall be informed, in writing, by the Police Chief, Fire Chief, Harbormaster,
or Department Director of all positions authorized to issue citations pursuant to this section and
the City Clerk shall maintain a list of all positions designated pursuant to this section. The City
Clerk shall provide a copy of the designated position list to the public upon request.
E. Nothing in this section shall be considered to limit any authority otherwise vested in the
named officers and employees, provided elsewhere in this Code, or by State law.
SS2-27
Chapter 1.25
MUNICIPAL ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURE CONTROL*
1.25.010 Purpose and Findings.
F. The contribution limitations imposed by this chapter are consistent with the spirit, intent and letter
of the Political Reform Act of 1974 (Title °tee Cal.ifern+a Gov.emmenc Code, Sections 81000, et seg.).
1.25.015 Intent.
The intent of this chapter is to impose limits on the amount of money that may be contributed to a
candidate or candidate's controlled committee to achieve the purposes specified in Section 1.25.010. This
chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural
requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the
Pai
-SIT#sal °raEt}ses-C�;,, ss+e^ " FPPC, being 2 CCR Section 18104 et seg.).
1.25.030 Campaign Contributions —Limitations.
A. Contributions by Persons to Candidate or Candidate's Controlled Committee. No person shall
knowingly and willfully contribute to a candidate and/or the candidate's controlled committee, with
respect to any single election, an amount that would cause the total contributed by such person to the
candidate and the candidate's controlled committee, when combined, to exceed one thousand 1wefOUr
hundred dollars ($1,4200.00).
B. Acceptance or Solicitation by Candidate or Candidate's Controlled Committee. No candidate or
candidate's controlled committee shall knowingly and willfully solicit or accept any contribution from any
person, which would cause the total amount contributed by such person, with respect to any single
election, to the candidate and the candidate's controlled committee, when combined, to exceed the sum
of one thousand fourtwe hundred dollars ($1,4200.00).
C. Adjustment for Cost of Living Changes. The campaign contribution limits and contribution acceptance
and solicitation limits set forth in subsections (A) and (B) of this section shall be automatically adjusted in
two-year intervals, beginning July 1, 2025. The time period for calculating the increase to the contribution
limit shall be from March two years prior to an adjustment to March of the year of adjustment. tieg+nn+ng
., 202E by the City Gl rk to F fl.,rA GhaRges OR the GORSY., eF Driee 'R dex in accordance with Section
1.08.105-. .
R-C rr spear ing index fer 2019, ;-Adjust., eat in r entl. Adjustments made pursuant to this subsection
shall be rounded to the nearest one hundred dollars ($100.00), shall be announced by the City Clerk in
June of the year an adjustment is to be made, and shall be effective July 1st.
D. Demand for Return of Excess Contributions. It shall not be a violation of subsection (A) of this section
if the person: (1) first became aware the person violated the limitations set forth in subsection (A) of this
section when the person received a return of the excess contribution(s) from the candidate or candidate's
controlled committee; or (2) if the person demands, in writing, a return of the portion of any
contribution(s) donated in excess of the limitations imposed by subsection (A) of this section within
SS2-28
fourteen (14) calendar days from the date the City provides written notice to the person of the alleged
violation of subsection (A) of this section or the date the person discovers that the person's contribution(s)
exceed the contribution limit set forth in subsection (A) of this section, whichever is sooner. A copy of the
written notification by the person demanding the return of the portion of any contribution(s) donated in
excess of the limitations imposed by subsection (A) of this section shall be provided via certified mail or
courier delivery to the last known address of the candidate or the candidate's controlled committee. If the
excess contributions were not returned by the candidate or candidate's controlled committee prior to
sending the written demand, the person shall provide the City Clerk with a copy of the written demand,
and proof of delivery thereof, within fourteen (14) rzalendar of the date the demand is made.
E. Return of Excess Contributions. It shall not be a violation of subsection (B) of this section if the
candidate or candidate's controlled committee returns the portion of any contribution(s) donated in excess
of the limitations imposed by subsection (B) of this section within fourteen (14) ealendaF days from the
date the City provides written notice to the candidate or candidate's controlled committee of the alleged
violation of subsection (B) of this section or the date the candidate or candidate's controlled committee
discovers that the contribution(s) exceed the contribution limit set forth in subsection (B) of this section,
whichever is sooner. If the City notified the candidate or candidate's controlled committee that the
contributions exceeded the limitations imposed by subsection (B) of this section, written notification
showing the donor's name, the amount returned, and the date of the return shall be provided to the City
Clerk within fourteen (14) calendar days of the date of the return.
F. Contributions by Candidates. The provisions of subsections (A) and (B) of this section shall not apply
to contributions from a candidate to his or her controlled committee nor to the expenditure, by the
candidate, of his or her personal funds.
G. Contributions to Committees. Contributions made to any person or a committee, and not to a
candidate or candidate's controlled committee, shall not be considered as contributions to the candidate
or candidate's controlled committee notwithstanding the fact that such person or committee supports the
candidate or uses the contribution with a view to bringing about the nomination or election of the
candidate.
H. Anonymous Contributions. No candidate or candidate's controlled committee shall knowingly and
willfully accept anonymous contributions, with respect to any single election, which would cause the total
amount of anonymous contributions received by the candidate and the candidate's controlled committee,
when combined, to exceed one hundred dollars ($100.00). Subject to the provisions of State law, it shall
not be a violation of this subsection if the candidate or candidate's controlled committee pays to the City,
for deposit into the general fund to be used to defray the costs of municipal elections, the portion of any
contributions accepted in excess of the limitations imposed by this subsection within fourteen (14)
calepelar from the date the City provides written notice to the candidate or candidate's controlled
committee of the alleged violation of this subsection or within fourteen (14) calendar of the date the
candidate or candidate's controlled committee discovers the contribution(s) exceed the contribution limit
set forth in this subsection, whichever is sooner.
I. Notice from the City. For purposes of this section, written notification by the City shall be by certified
mail to the person to be notified at the person's last known address. Service by certified mail shall be
deemed completed at the time of deposit with the post office.
SS2-29
J. City Clerk. If the City Clerk has a good faith belief that a person, candidate, or candidate's controlled
committee has violated this section, the City Clerk shall refer the matter to the District Attorney.
K. Recall Elections.
1. The campaign contribution limits set forth in this section shall not apply to any Councilmember
or Councilmember's controlled committee established to oppose the qualification of a recall
measure and, if the qualification is successful, the recall election after the Councilmember receives
a notice of intent to recall pursuant to Cal. Elec. Code Section 11021.
2. The campaign contribution limits set forth in this section shall apply to any candidate runni
to replace the Councilmember in a recall election.
3. After the failure of a recall petition or after the recall election, any remaining funds received
by the Councilmember or Councilmember's controlled committee established to oppose the
qualification of a recall measure and if the qualification is successful, the recall election, shall be
treated as surplus funds and shall be expended within sixty (60) days after the failure of the recall
petition or after the recall election for a purpose specified in Cal. Elec. Code Section 89519 (b).
SS2-30
Chapter 1.26
ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
1.26.010 Definitions.
Unless otherwise defined below, the terms used in this chapter shall have the same definitions as specified
in the Political Reform Act (CaUmfernma Gov.eFnFnent Code Section 81000 et seq.) and FPPC regulations (2
CCR C-al ;f^rRia CA -de f Regulatie^s Title 2, Section 18104 et seq.Oiu+Sief -6),
^^,. In those cases where definitions in the Political Reform Act or FPPC regulations contain a
specific reference to any State election, candidate, or electoral criteria, the definition shall be modified to
reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific
reference.
"City Clerk's online system" means the web -based filing system utilized by the Newport Beach City Clerk's
Office for the submission of statements, reports or other documents required by Chapter 4 of the Political
Reform Act (Cal.i#ernia Gov.eFRFAeRt Code Section 84100 et seq.) or aRY SUGGeSSOF statute.
"Statements" means statements, reports, or other documents required by Chapter 4 of the Political
Reform Act (Cal_i#ernia Gov_eFRFnent Code Section 84100 et seq.) .
1.26.020 General.
A. Any elected officer, candidate, or committee required to file original statements with the Newport
Beach City Clerk's Office may file such statements using the City Clerk's online system according to
procedures established by the City Clerk. These procedures shall ensure that the online system complies
with the requirements set forth in Cal.ifemia Gov.ewmenR Code Section 84615. Fre-M -A^^' -Af*^F Deeemb^•
31,22018,eElected officers, candidates and committees required to file original statements with the City
Clerk shall file such statements using the City Clerk's online system, unless exempt from the requirement
to file online pursuant to Cal.ifernia Gov.ernmenR Code Section 84615, er any success_r statute, because
the officer, candidate or committee receives less than twoeRe thousand dollars ($24,000.00) in
contributions and makes less than twoene thousand dollars ($2-1,000.00) in expenditures in a calendar
year.
C. The City Clerk's online system shall only accept a filing in the standardized record format that is
developed by the California Secretary of State pursuant to Cal.ifArAia Gov.eFRFReRt Code SSUb-section
84602(a)(3-2), eF aRY successer statute, and that is compatible with the Secretary of State's system for
receiving an online or electronic filing.
1.26.030 Procedures for Utilizing Online Filing.
electrenic filing system by electronically filing a statement t-hat- is required te be filp-rd y.g*th the Gity Clerk
eandodate E)F eemmittee has epted OR, all subsequent statements shall be filed eleCtFORically. An eleeted
efficer, candidate, er cernmittee may Opt eut ef the electrenic filing systern by filing eriginal statements in
papeF feF.m.at v.fmth the City C!eF!(. TheFea4er-, the elected effieeF; eandidate E)F eemmittee Shall file all
eriginal statements On paper fermat with the Gety C--,'P-.rk. Fre-M -and _afte.r December 31, 2018, electrenic
SS2-31
26r»n(n) OF any sueeeSSOF statute.
A�. Any elected officer, candidate, or committee who has electronically filed a statement using the City
Clerk's online system is not required to file a copy of that document in paper format with the City Clerk.
BO. Any elected officer, candidate, or committee who is required to file an original statement with the
California Secretary of State and a copy of that statement with the City Clerk's Office may, but is not
required to, file the copy of the required statement using the City Clerk's online system.
Cs. The City Clerk's online system shall issue an electronic confirmation that notifies the filer that the
statement was received, which notification shall include the date and the time that the statement was
received and the method by which the filer may view and print the data received by the City Clerk. The
date of filing for a statement filed online shall be the day that it is received by the City Clerk.
D€. If the City Clerk's online system is not capable of accepting a statement, an elected officer, candidate,
or committee shall file that statement in paper format with the City Clerk.
E€. The City Clerk's online system shall enable electronic filers to complete and submit filings free of
charge.
SS2-32
Chapter 1.28
LOBBYIST REGISTRATION AND REPORTING
1.28.020 Definitions.
SS2-33
Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Establishment Authority.
2.08.020 Bond for Manager Pro Tempore.
2.08.030 Compensation —Expenses.
2.08.040 Powers and Duties.
2.08.060 Subject to Civil Service Provisions.
2.08.030 Compensation — Expenses.
In addition to the compensation fixed by the City Council, the City Manager shall be reimbursed for all
sums necessarily incurred or paid by the City MangEer44R in the performance of the City Manager's4is
duties within the amounts fixed in the budget for such purposes and for the City Manager's4is expenses
incurred when traveling on business pertaining to the City under the direction of the City Council;
2.08.040 Powers and Duties.
B. To consolidate or combine duties, offices, positions, departments or units under irthe City Manager's
direction within the limits established by the City Charter, this Code, or the annual budget, and subject to
City Council approval; provided, however, that nothing herein contained shall be construed to supersede
the authority of the Civil Service Board in the matter of classification of City officers or employees subject
to Civil Service or prohibit the City Manager from authorizing the Assistant City Manager to perform the
duties of a Department Director for a limited term;
D. To recommend to the City Council for adoption such measures and ordinances as the City Manageri-ie
deems necessary or expedient;
E. To make investigations into the affairs of the City, and any department or division thereof under the
City Manager's4+s direction and control;
I. To avoid all activities outside the City government which are inconsistent with the policies of the City
Council or the duties of the City Manager's4is office;
K. To perform such other duties and exercise such other powers as may be delegated to the City
Manager44n from time to time by ordinance or resolution of the City Council.
SS2-34
UPOR furnishIng the City Manager with written notiGe ef the intended Femoval, the City COUR61 may
suspend him fFem duty', but his eempensatien shall centinue until a deeisieR en the questiE)R ef has Ferneval
SS535
Chapter 2.12
ADMINISTRATIVE DEPARTMENTS
2.12.030 Community Development Department.
The Community Development Department shall be under the supervision of the Community Development
Director. "
Cede, eF OR aRY G9RtFaGt er agreement to v.ohir-,h the City is a part�,, shall be deemed hereafter tA rPfpr W
the Gelmllmlunity Development DiFeeter The functions of the Community Development Department shall
include:
A. Administration and enforcement of the provisions of this Code relating to planning, zoning and
subdivisions, nuisance abatement and Code enforcement, and advising and assisting the Planning
Commission in such administration vested in that Commission;
B. Administration and enforcement of the building, electrical, plumbing and mechanical codes, including
grading and swimming pool regulations;
C. Administration and enforcement of State regulations governing energy conservation and sound
transmission;
D. Preparation and presentation of reports to the City Council and the Planning Commission on various
aspects of City planning;
E. Preparation and maintenance of the General Plan;
F. Advising the public on zoning and planning matters;
G. Receipt and processing of subdivision maps; and
H. Such other functions as may be delegated by the City Manager or the City Council.
2.12.040 Finance Department.
The Finance Department shall be under the supervision of the Finance Director, who shall have charge of
financial affairs of the City. The tp-rm ""�riStFative Serviees D;rester" ash^ ^�' iR the Newport °ear"
The financial functions of the Finance Department, in addition to those duties
imposed by the City Charter, shall include:
A. Enforcement of the City's business license and transient occupancy tax regulations;
B. Management of the City's finances, financial statements, audits, revenue collection and billing,
financial management system budget, payroll, accounting, cashiering, treasury and investments;
C. Purchase of supplies, equipment, training, and services used by City departments;
D. Disposal of obsolete and surplus City property;
E. Management of the City's parking program, including meters and lots; and
F. Such other functions as may be delegated by the City Manager or the City Council.
SS2-36
2.12.050 Fire Department.
The Fire Department shall be under the supervision of the Fire Chief. The term "Marine DiFester" as used-
n +how C-Ad , 1;hAll he deemed hereafter W rpf r tA th., Fort- Chief The functions of the Fire Department shall
include:
A. Administration.
1. Ensure fulfillment of the Fire Department mission through planning, preparation, designation
of funding, and securing of equipment and materials required to support personnel, operations,
and programs.
2. Prepare residents for disasters and emergencies through community preparedness programs.
B. Prevention.
1. Identify and prevent hazards to life, health, property and the environment.
2. Apply and enforce California State laws and local ordinances.
3. Plan and prepare City staff and residents to address potential disasters.
C. Operations.
1. Respond to and mitigate all threats to life, health, property and the environment.
2. Provide training and education to support expertise and safe operations.
3. Monitor for quality assurance.
D. Lifeguards.
1. Respond to and mitigate all threats to life and health on the City beaches and waterways.
2. Provide training and education to support expertise and safe operations.
E. Collaborate with the Orange County Harbor Patrol and/or the U.S. Coast Guard to prevent and/or
respond to accidents of a marine nature within the City limits or contiguous unincorporated territory
under County contractual agreements.
F. Such other functions as may be delegated by the City Manager or the City Council.
2.12.060 Human Resources Department.
The Human Resources Department shall be under the supervision of the Human Resources Director. The
functions of the Human Resources Department shall include:
A. Establishment and maintenance of the City's personnel policies, employee classifications and
compensation policies and other conditions of employment to assist the City Manager in carrying out the
provisions of Chapters 2.24 and 2.28 of thise "'ewpert Beach Municipal Code;
SS2-37
2.12.080 Utilities Department.
The Utilities Department shall be under the supervision of the Utilities Director. The to s "lutilit+es
DiFeeter„„ fies and „
Cede,-RP--;;c--,h NAHROGipal Cede, eF iR aRy eeRtraet er agree-.M.P—At tA- �.AA*Gh the City is a partf, shall be deemed
"^'^ 44 f IAG:�G^S. The functions of the Utilities Department shall include:
A. Maintenance and operation of the City water system;
B. Maintenance and operation of the City sewer system;
C. Maintenance and operation of the City's street sweeping program;
D. Maintenance and operation of the City's storm drain system;
E. Maintenance and operation of the City street lighting system;
F. Management of the City's oil and gas operations;
G. Management of the regulations found in Chapter 14-.04; and
H. Such other functions as may be delegated by the City Manager or the City Council.
2.12.100 Public Works Department.
The Public Works Department shall be under the supervision of the Public Works Director who shall also
be the City Engineer Pro Tern and the Superinte-nFent of Streets. The term "General Services Direstor;' as
,
Cede, OF OR aRy GE)RtFaGt
er agreement te v.fh.ch the City is a party, shall -he dee.m.ed- he—reafter te- R-afer tA- the Publac Werks
Municipal Code, er in any contract or agreement te which the Gity is a partVL, shall be de-e—med hp-.rp--;;ftp-.r t-G
I -^ s.The functions of the Public Works Department shall include:
A. Planning, installation, design, preparation, review and approval of plans, specifications and working
details, operations and maintenance, and administration of contracts for the construction of public works,
SS2-38
including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and
other public facilities;
B. Right-of-way acquisition;
C. Subdivision engineering and development services;
D. Traffic engineering services;
E. Engineering services for other City departments;
F. Engineering planning for water, sewer and electrical systems;
G. Water quality inspections and reporting as required by law;
H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay;
I. Street and beach cleaning;
J. Administration and enforcement of State regulations and provisions of this Code related to the
collection, transport, diversion and disposal of solid wasteRefuse and garbage e^"^E''^^ and G'OS^
K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and
floats;
L. Maintenance and repair of City equipment;
M. Signage and carpentry;
N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting;
O. Street name and regulation sign posting maintenance;
P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities;
Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property,
easements and rights -of -way;
R. Maintenance of electrical equipment in City buildings; and
S. Such other functions as may be delegated by the City Manager or the City Council.
2.12.120 Harbor Department.
The Harbor Department shall be under the supervision of the Harbormaster who shall serve as the head
of the Department. The functions of the Harbor Department shall include:
A. Management of the City's resources in Newport Harbor, including administration of Title 17;
B. Operation of a headquarters at Marina Park or other location selected by the City Manager;
C. Patrol of Newport Harbor;
D. Provision of code enforcement on the waters of Newport Harbor;
SS2-39
E. Management of the City's marinas, moorings, docks, wharfs and visitor -serving harbor facilities and
amenities;
F. Promotion of harbor and boating safety;
G. Addressing inquiries from residents and visitors regarding Newport Harbor;
H. Management of City -owned marinas;
I. Providing staff to act as the liaison to the City's Harbor Commission;
J. Management of a pollution prevention program in Newport Harbor; and
K;. Such other functions as may be delegated by the City Manager.
SS2-40
Chapter 2.20
EMERGENCY SERVICES
Sections:
2.20.00E Prior History Note for Chapter 2.20.
2.20.010 Purpose.
2.20.020 Emergency Defined.
2.20.030 Disaster&neFg^^^y Council —Members.
2.20.040 DisasterT Council —Powers.
2.20.050 Emergency Operations Plan.
2.20.060 Director and Assistant Director of Emergency Services —Powers and Duties.
2.20.065 Review and Termination of Proclamation of Emergency.
2.20.070 Director —Assistant Director —Emergency Powers.
2.20.080 Emergency Organization.
2.20.090 Expenditures.
2.20.100 Violation.
2.20.010 Purpose.
The purpose of this chapter is to provide for the preparation and implementation of plans for the
protection of persons and property+^ ^r��within the+s City in the event of an emergency, to
empower certain City officials and staff to promulgate orders and regulations necessary to provide for the
protection of life and property or to preserve public order and safety, and to provide for the coordination
of the emergency service functions of this City with all other public agencies and affected private persons,
corporations, and organizations. This article is intended to comply with the California Emergency Services
Act, Cal. Gov. Code Section 8550 et. seq.
2.20.020 Emergency Defined.
As used in this article, the terms state of emergency, local emergency, and state of war emergency have
the same meanings as in Cal. Gov. Code Section 8558. The term "emergency" shall mean a state of
emergency, local emergency, and state of war emergency. As used- 4A this-ehapter, "4eeal emergens,
SS2-41
fre.rn -;; 'a -her eentroveFSY, which aFe, 9F are likely te be, beyend the control ef the services,
,
2.20.030 DisasterEm_Fgen Council-- Members.
The City of Newport Beach Disasters Council is hereby created and shall consist of the following
members:
A. The Mayor, who shall be the chairman, or in his 9F heFthe Mayor's absence, the Mayor Pro Tempore;
B. The remaining members of the City Council;
C. Other officers and employees of the City of Newport Beach, and representatives of civic, business,
labor, veterans, professional, or other organizations within the community, as may be designated as
appointed by the chair, subject to confirmation by the City Council ^^^^^hers by the emergency ^ ^rati^^s
2.20.040 DisasterEmeFgen Council —Powers.
The DisasterEmergeRcV Council is empowered to review, and recommend for adoption by the City Council,
emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations
as are necessary to implement these plans and agreements, and to perform such other functions as may
be designated in the emergency operations plan. The DisasterEmeFgene�; Council shall meet upon call of
the Mayor or in his or her absence the Mayor Pro Tempore or the City Manager.
2.20.050 Emergency Operations Plan.
The City Council shall has adopted an emergency operations plan_. The ^Ia^ Sh," that provides for the
effective mobilization of all of the resources of the City, both public and private, to meet any condition
constituting an emergency local . , state of emergeRG , state ef..,-.r emergeRG., S rh.,r ter.nr ^
d^�^^d in this Chapter ^r by state I . The Emergency Ce ncilDisaster Council shall periodically review
the plan and propose, to the City Council, changes which will ensure the maximum effectiveness of the
plan. The plan shall be considered supplementary to this chapter, but shall have the effect of law whenever
an emergency, as provided in this chapter, has been proclaimed.
2.20.060 Director and Assistant Director of Emergency Services —Powers and Duties.
When there is an emergency- within the territorial limits of the City or which may impact the City, Tthe
Director of Emergency Services, who shall be the City Manager, and Assistant Director of Emergency
Services, who shall be appointed by the Director shall have the following powers and duties:
A. Request the City Council proclaim the existence or threatened existence of a local emergency, ��e
ter,.,.,inatien theree _if the Council is in session. The Director or Assistant Director may issue such a
proclamation if the Council is not in session, and in such event, the City Council shall take action to ratify
the proclamation at the earliest practicable time, but in no event more than seven days after issuance
of the proclamation or the proclamation shall have no further force or effect;
B. Request the Governor proclaim a state of emergency when, in the opinion of the Director or Assistant
Director, resources available locally are inadequate to cope with the emergency;
SS2-42
C. Control and direct the efforts of the emergency organization of the City to accomplish the purposes
of this chapter including, but not limited to, training of employees for emergency and disaster -related
functions, disseminating to the public information related to emergency preparedness activities, and
recommending to the City Council the adoption of mutual aid agreements;
D. Direct cooperation between, and coordination of, the services and staff of the emergency organization
of the City and resolve questions of authority and responsibility that may arise between them;
E. Represent the emergency organization of the City in all dealings with public or private agencies
pertaining to emergencies as defined in this chapter; and
F. Prepare and maintain, on a current basis, the emergency operations plan as provided, and described,
in this chapter, and submit the plan to the City eiDisaster Councilfe-F Onmrniml
2.20.065 Review and Termination of Proclamation of Emergency.
The City Council shall review the need for continuing the local emergency at least once every 60 days until
the governing body terminates the local emergency. The City Council shall proclaim the termination of the
local emergency at the earliest possible date that conditions warrant.
2.20.070 Director —Assistant Director —Emergency Powers.
In the event of the proclamation of an emergency which impacts the City, or which may impact the City
of Office of EmergepeyServiGes, the Director is empowered, within limitations specified in the City Charter,
to do the following:
A. Make, issue, and enforce rules, orders or regulations reasonably related to the protection of life and/or
property, or the preservation of public order and safety, which orders shall not apply to the Disaster
Council or Disaster Service Workers when they are working in their official capacity. These rules, orders
and regulations shall include, but not be limited to, any one or more of the following:
1. An order imposing a curfew within the entire City, or designated boundaries. The order
imposing the curfew shall prohibit the presence of any person on any public highway, sidewalk or
place, and may prohibit presence in any outdoor place, public or private,
2. An order prohibiting access to, travel along, or egress from any public or private street, highway
or road within the City,
3. An order prohibiting or restricting the sale of alcoholic beverages in or from any business in
all or a portion of the City;
B. All rules, orders and regulations made and issued pursuant to this chapter, and any amendment or
rescission thereof, shall be in writing and given widespread publicity and notice. No rule, order or
regulation issued pursuant to this chapter shall be effective unless and until widespread publicity and
notice have been given, and, in the case of any curfew order, such order shall not be effective until notice
of the curfew order has been given within the boundaries of the area subject to the curfew by mobile
sound trucks or vehicles equipped with public announcement systems. Rules, orders and regulations
issued pursuant to this chapter shall remain in effect for the period specified in the declaration of
emergency, but no rule, order or regulation shall remain in effect for more than seven days unless
SS2-43
confirmed and ratified by the City Council. All rules, orders and regulations issued pursuant to this chapter
shall be ratified and confirmed at the earliest practicable time by the City Council, but in no event shall
confirmation and ratification occur more than seven days after issuance. Prior to confirmation and
ratification, the Director or Assistant Director shall provide the City Council with the written emergency
proclamation, all other related documents, and a report explaining the facts and circumstances which
prompted the emergency proclamation and issuance of emergency rules, orders and regulations;
C. To obtain vital services, supplies, equipment and such other properties as are found lacking and
needed for the protection of the life and property of the pee^le, and to bind the City to pay fair market
value for the goods and services, and if required immediately, to commandeer the same for public use,
within the confines of the City Charter and State law,-
D. To require emergency services of any City officer or employee, and to requisition the necessary City
material, and in the event of the proclamation of extreme emergency by the Governor, in the region in
which this City is located, to request the aid of as many citizens of this community as the Governor deems
necessary in the execution of these duties. Such person shall be entitled to all privileges, benefits and
immunities as provided by Sstate law for registered emergency services and disaster workers and
volunteers;
E. Exercise all ordinary powers of the City Manager, as well as all special powers conferred upon the
Manager by this chapter, by any provision of State or local law, by any agreement approved by the City
Council, by the emergency operations plan then in effect, or special power vested in City by any other
lawful authority; and
F. Designate the order of succession to the office of Director of Emergency Services to take effect in the
event the Director, and Assistant Director, are unavailable to take appropriate action pursuant to the
provisions of this chapter. The order of succession shall be approved by the City Council and shall be
specified in the emergency operations plan.
2.20.100 Violation.
It shall be @ m.i.,SH-p—meann-F punishable as previded in SeGtien 1.04.ndi-n- P-f the IN41unicipal Cede ef the City e
Newport Beach for aRy No person during an emergency shallte:
A. WilfullyWillfully obstruct, hinder, or delay any member of the Emergency Organization in the
enforcement of any lawful order, rule or regulation issued pursuant to this chapter, or in the performance
of any duty imposed upon the member by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, or to imperil
the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection
thereof; or
C. Wear, carry or display, without lawful authority, any means of identification specified by the emergency
agency of the State Af Galiferniaor the City .
if any sectien, subsection, sentence, clause or phrase ef this chapter is, fer any reason, held te he invalid
er unconstitutional by a decision ef -Any ceurt ef cempetent jurisdictien, such shall net -affec-t the
SS2-44
SS2-45
Chapter 2.24
CIVIL SERVICE SYSTEM
2.24.010 Definitions.
City Ceuneil. The te.r.m. "Gity Geuneil" shall me-a—P the City Ceuneil ef the City ef PjewpeFt Bea
2.24.060 Responsibilities and Authority of City Manager.
peFfeFmed by the City ManageF undeF the -A.Rd FegulatieRS may be delegated by the City ManageF
2.24.100 Selection of Fire and Police Chiefs.
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the
candidates who meet the minimum qualifications for the class after completion of a qualifications'
appraisal process. The City Manager eF his design^^ shall screen applicants for the minimum qualifications
for the class. The top candidates who meet the minimum qualifications shall be examined in a
qualifications' appraisal process established by the City Manager. The City Manager shall appoint a
member, or members, of the Board to serve on a qualifications' appraisal panel within the qualifications'
appraisal process. The City Manager shall choose a candidate from the eligibility list for the class compiled
after completion of the qualifications' appraisal process.
SS2-46
Chapter 2.28
PERSONNEL POLICY, COMPENSATION PLAN
Sections:
2.28.010 Establishment of Classifications and Salary Ranges.
2.28.020 Uniform Personnel Policies.
SS2-4 7
Chapter 2.30
RECYCLING SERVICE FEE
Sections:
2.30.010
Short Title.
2.30.020
Findings and Purpose.
2.30.030
Authority.
2.30.040
2.39�^S9
Responsibility.
c,,.,,,rabiii+.,
PeFtieRS ef this ehapter, The City GeURGA deelares that it wAilld have passed thp Ardopppce
SS2-48
Chapter 2.32
TRAFFIC DIVISION AND ENGINEER
2.32.020 Duties of City Traffic Engineer.
It shall be the general duty of the City Traffic Engineer ^" his ^- "^" deSigRee to determine and approve
the planning, design, installation and proper timing and maintenance of traffic control devices and signals,
to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct
engineering investigation of traffic conditions and to cooperate with other City officials in the development
of ways and means to improve traffic conditions.
SS2-49
Chapter 2.36
PEACE OFFICER'S TRAINING
Sections:
2.36.010 State Aid for Training —Adherence to Standards.
2.36.010 State Aid for Training —Adherence to Standards.
The City Council of the City of Newpert Be@ " declares that it desires the City to qualify to receive aid from
the State of California under the provisions of Chapter 1 of Title ^ P@Ft ^ of the CaLif6rn+a Pen.a4 Code
Sections 13500-13553.
Pursuant to Cal. Pen Code Sections 13510 and 13522 of Chapte" ', the City of "'ewpeFt BeaGh while
receiving aid from the State of Calife-Mia PUFF aRt + said Chanter 1, will adhere to the standards for
recruitment and training established by the Commission on Peace Officer Standards and Training.
Pursuant to Cal. Pen Code Section 13512 of Chapter 1, the Commission and its representatives may make
such inquiries as deemed appropriate by the Commission to ascertain that the City's peace officer and
public safety dispatch personnel adhere to the standards for selection and training established by the
Commission on Peace Officer Standards and Training.
SS2-50
Title 3
REVENUE AND FINANCE
Chapters:
3.04 Sales and Use Tax
3.08 Property Tax
3.12 Property Development Tax
3.16 Uniform Transient Occupancy Tax
3.20 Gasoline Tax
3.22 Real Property Transfer Tax
3.27 Municipal Facilities Revenue Bond Code
3.28 Visitor's Service Fee
3.30 Air Quality Improvement Trust Fund
3.32 Special Improvement District Financing Code
3.33 Assessment District Alternative Procedures
3.34 Marine Charter Passenger Tax
3.36 Cost Recovery For User Services
SS2-51
Chapter 3.04
SALES AND USE TAX
Sections:
3.04.010
Short Title.
3.04.020
Rate.
3.04.030
3. ^-0-4o—OperativeDate.
Purpose.
3.04.050
Sales Tax.
3.04.060
Place of Sale.
3.04.070
Use Tax.
3.04.080
Adoption of Provisions of State Law.
3.04.090
Limitations on Adoption of State Law.
3.04.100
Permit Not Required.
3.04.110
Exclusions and Exemptions —Measure of Tax.
3.04.140
Amendments.
3.04.150
Enjoining Collection Forbidden.
3.04.170 Severability.
2 T<TnnT� 1ls
�Repeals.
COTS
3.04.030 Purpose.
To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be
administered and collected by the California Department of Tax and Fee Administrations+ate Beard of
EqualizatieR in a manner that adapts itself as fully as practicable to, and requires the least possible
deviation from the existing statutory and administrative procedures followed by the California Department
of Tax and Fee Administration -State Qeard- of Equalizatiee in administering and collecting the California
State Sales and Use Taxes;
2 04 040 OpeFatiye Date
Ord-inanr--e- 1514, cedified in this chapter-, shall beceme eperative on january 1, 1974, and prier the.rete this
City shall r_-r_)ntrar_# I.A.4th the state geard ef Equalizatien te perform all funetiens incident te the
_. Aef. this sa 1. ess and us ee tax E)Fdina nee; pFevided, that Of this City sh;; nAt havp
cenbracted- v.fith the State Beard ef Equalizatien prier te the eperative date, it shall n,_-%u_-rthP_le_rs so contract
SS2-52
and iR such a case the eperative date shall be the first day ef the caleRdar quarter felleWiRg the executien
A- SCi611ZTGe RtFa Et by theandy the iState.
3.04.050_ Sales Tax.
For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in
the City at the rate of one percent of the gross receipts of the retailer from the sale of all tangible
personal property sold at retail in this City on and after the epeFa ive lanuary 1, 1974.
3.04.060 Place of Sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer
unless the tangible personal property sold is delivered by the retailer or his agent to an out -of -State
destination or to a common carrier for delivery to an out -of -State destination. The gross receipts from such
sales shall include delivery charges, when such charges are subject to the State sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which the retail sales
are consummated shall be determined under rules and regulations te-be prescribed and adopted by the
California Department of Tax and Fee Administration -St -ate Q^.,..,- ^f Equalizatie^
3.04.080 Adoption of Provisions of State Law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions
^f Part 1 5 ^f Divi.•;^„ _2 ^f the Cal. �' Rev. & Tax.a^_Code, Division 2, Part 1.5, all of the
provisions ^f Part 1 ^f QO ^„ 2 of the ReVeRue Cal. Rev. & Tax. a:VieR Code, Division 2, Part 1, are
hereby adopted and made a part of this chapter as though fully set forth herein.
3.04.090 Limitations on Adoption of State Law.
In adopting the provisions of Cal. Rev. Tax. Code Division 2, Part 1 ^f n;.,,.•;^„ _2 „f the Q^.,^„11^ „d Taxafi„„
CAPIP, wherever the State Af Califernia is named or referred to as the taxing agency, the City of Newport
Beach shall be substituted therefor. The substitution, however, shall not be made when the word "State"
is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the
California Department of Tax and Fee Administrationst-ate Q^.,._d- ^f EgUa';ZatiO„, the State Treasury, or the
Constitution of the State of California; the substitution shall not be made when the result of that
substitution would require action to be taken by or against the City, or any agency thereof rather than by
or against the State R^^.r^' ^f Equal"atie- California Department of Tax and Fee Administration, in
performing the functions incident to the administration or operation of this chapter; the substitution shall
not be made in those sections, including, but not necessarily limited to, sections referring to the exterior
boundaries of the State ^f;a, where the result of the substitution would be to provide an
exemption from this tax with respect to certain sales, storage, use or other consumption of tangible
personal property which would not otherwise be exempt from this tax while such sales, storage, use or
other consumption remain subject to tax by the State under the provisions of Cal. Rev. Tax. Code Division
2 Part 1 ^f Di ^„ 2 ^f the 0„„„„1,„ and T-,WAfi.,„ Cede or to impose this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which would not be subject to tax by the
State under the said provisions of that cC-ode; the substitution shall not be made in Cal. Rev. Tax. Code
Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 ^f the Revers, ^
^dTaXatien Cede; and the substitution shall not be made for the word "State" in the phrase "retailer
SS2-53
engaged in business in this State" in Cal. Rev. Tax. Code Section 6203 or in the definition of that phrase in
Cal. Rev. Tax. Code Section 6203.
3.04.100 Permit Not Required.
If a seller's permit has been issued to a retailer under Cal Rev. & Tax. Code Section 6067 of the ReVeRue
^dT""a''^^ Cede, an additional seller's permit shall not be required by this chapter.
3.04.110 Exclusions and Exemptions - Measure of Tax.
B. The storage, use, or other consumption of tangible personal property, the gross receipts from the sale
of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal.
Rev. & Tax Code Division 2, Part 1.5, ^f DiVi ieR 2 Af+I,^ R^„pni 1 ^d TAW;U;^n Cede by any City and County,
County or City, in this State shall be exempt from the tax due under the ordinance codified in this chapter.
3.04.140 Amendments.
All subsequent amendments of the Cal. Rev_eRUe &an4 Tax.atieR Code which relate to the sales and use
tax and which are not inconsistent with Cal Rev. & Tax. Code, Division 2, Part 1.5,. ^f Divisie—p 2 of the
ReVeRU a ,^p' Tawafie" G shall automatically become a part of this chapter.
3.04.150 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or
proceeding in any court against the State or this City, or against any officer of the State or this City, to
prevent or enjoin the collection under this chapter or Cal. Rev. & Tax. Code, Division 2, -Part 1.5 Af DOWOrOAR
ef. the R.&OP- --p- ^^,- T-.x2ti^R Cede of any tax or any amount of tax required to be collected.
2 !lA 9GA D.,R-.IfiPR
. r6tieln theire-of shall be punishable as previded an Sectie—n 1-0-4.0-1-0- ef this Cede.
2 AA '14A Repeals.
Ordanance Ne. 77;-! is hereby repealed; previded, hewever-, that said- e—rdinanee shall re —main -Applicable fer
respeGt te the sales ef, and the sterage, use, er ether censumptien ef tangible persenal preperty prier te
SS2-54
Chapter 3.08
PROPERTY TAX
Sections:
3.M.010 „•,,, unt of Tax Levy.
3.08.01030 Property Tax Duties Transferred to County.
- - --- --- -- - - -- - -- -- - - - --- - --
...........
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- - - - -- -- --
3.08.01030 Property Tax Duties Transferred to County.
Pursuant to the provisions of Cal. Gov. Code, Title 5, Division 1, Part 2, ChapterA le 2; Chapter 2 Division
1Title 5 ef+he Geeveeirpmeipt .,f+h., State .,f raIifE)FRia, the City of Newport Beach hereby elects that
the following duties be performed by the appropriate officers of Orange County:
A. The assessment of City property for City taxes.
B. The equalization and correction of the assessment of City taxes.
C. The collection, payment, and enforcement of the City taxes, including delinquent taxes.
D. The redemption of property from sale or other penalty for nonpayment of City taxes.
SS2-55
Chapter 3.16
UNIFORM TRANSIENT OCCUPANCY TAX
3.16.020 Definitions.
City. The "City" sh-,II ., r the City of N.,..,peFt Re -h
City Collector'^,^^^ Direr -ter The term "City CollectorPiRaRGe DiFeG " shall mean the Finance Director
of the City of Newport Beach ^F hisiheF desi Rated r .,tat;Ve
,
trustee, syndieate, ^ any ^the.. gFeup w.hipat;^ acting a a nit
Time -Share Interest. The term "time-share interest" shall mean either a time-share estate or a time-share
use (as those terms are defined in Cal Bus. & Prof. Code Section 1'�`;11212 of the n„S;^^« -,nd-
PrA_f^11;^.,1 Code) and any similar form of ownership involving a right in perpetuity, for life, or for a term
of years, to occupy any room, space or area in a time-share project.
Transient. The term "transient" shall mean any individual who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other agreement for a period of
thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any individual
occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired,
and the tax imposed by this chapter shall be due upon all rent collected or accruing prior to the thirty-first
consecutive day of occupancy unless occupancy extends to the thirty-first day or thereafter. The term
"transient" shall not include any person who occupies any room, space or area in a time-share project
pursuant to a time-share interest and without paying rent including: (A) a time-share owner; (B) a member
of the family or guest of the time-share owner; (C) any person who is entitled to occupancy pursuant to
any time-share exchange program, or any similar program; and (D) any person entitled to occupancy
pursuant to any exchange or incentive program involving or sponsored by the operator of the time-share
project.
3.16.050 Operator's Collection Duties.
E. If an operator fails to comply with subsection (A) of this section and also fails to obtain approval of a
special package rate pursuant to subsection (C) of this section, the tax ("imputed rate") shall be the lesser
of (1) the amount collected for the total special package or (2) an amount equal to the median average
double occupancy room rate for the accommodations as posted in the room pursuant to the requirements
of Cal. Civ. Code Section 1863 ^f the Cava' Cede (er a successer ecti �
3.16.060 Registration of Hotel.
Within thirty (30) days after commencing business each operator of any hotel renting occupancy to
transients shall register the hotel with the Finance Director and obtain a "transient occupancy registration
certificate" to be at all times posted in a conspicuous place on the premises. The certificate shall, among
other things, state the following:
A. The name of the operator;
SS2-56
B. The address of the hotel;
C. The date upon which the certificate was issued; and
D. The following statement:
Transient occupancy registration certificate signifies that the person named on the certificate has
fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance (Chapter 3.16 of
thise Mnsu^^"+ Q^@G" M R*eipa4 Code) by registering with the Finance Director for the purpose of
collecting the tax from transients and remitting the tax to the Finance Director. This certificate
does not authorize any person to conduct any unlawful business, to conduct any lawful business
in an unlawful manner orto operate a hotel without strictly complying with all local laws, including
those requiring a permit from any board, commission, department or office of the City. This
certificate does not constitute a permit.
3.16.080 Penalties and Interest.
A. Initial Penalty. Any operator who fails to collect and remit any tax imposed by this chapter within the
time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount
of the tax (initial penalty). The initial penalty may not be waived.
B. Second Penalty. Any operator who fails to collect and remit the tax and initial penalty on or before a
period of thirty (30) days following the date on which the remittance first became delinquent shall pay a
second delinquency penalty of ten (10) percent on both the amount of the tax and the initial penalty
(second penalty). The second penalty may not be waived.
C. Interest. In addition to the penalties imposed, any operator who fails to collect and remit any tax
imposed by this chapter shall pay interest on the amount of tax that is due and owing at the rate of one
and one-half of one percent (1_-1/2%) per month for each month or portion of a month that the tax
remains unpaid exclusive of penalties.
D. Penalties Merged with Tax. For purposes of collection, every penalty imposed and such interest as
accrues under the provisions of this section shall become a part of the tax required to be paid, provided,
however, that penalties and interest due from an operator under this section are not merged with tax due
from a transient.
E. In addition to the penalties and interest provided in this section, the operator shall reimburse City for
City's costs in performance of an audit if, as a result of the audit, it is determined there was any intentional
misrepresentation by the operator with respect to the amount of transient occupancy tax due to the City
or there is a five (5) percent—(W or greater discrepancy between the amount of annual transient
occupancy tax due to the City and the amount collected and remitted to the Citypa+d by the operator. Such
reimbursement shall be paid by operator within thirty (30) days of the date City notifies operator in writing
of the amount of City's costs.
3.16.090 Enforcement Proceedings —Appeal.
B. If the operator fails to timely appeal a determination by the Finance Director the determination shall
be final and conclusive and the tax, interest and penalties shall become immediately due and payable by
the operator and/or the violation shall be deemed established.
SS2-57
C. If the operator files a timely appeal of the determination, the Finance Director shall appoint a hearing
officer and give the operator not less than fifteen (15) days' written notice of the hearing on the appeal.
The operator shall have the right to present evidence relevant to the determination and the hearing shall
be conducted in accordance with the general rules applicable to any administrative hearing. The hearing
officer shall submit to the City Manager a transcript of the hearing together with recommended findings
of fact and conclusions of law. The City Manager shall consider the material submitted by the hearing
officer and render a decision within fifteen (15) days after submission. The decision of the City Manager
shall be final as to the Citv but subiect to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
3.16.110 Records.
It shall be the duty of every operator liable for the collection and remittancepaymeRt to the City of any tax
imposed by this chapter to keep and preserve, for a period of not less than four years, all records
necessary to determine the amount of tax the operator was required to collect and remits to the City.
All retained records shall be subject to audit as provided in Section 3.16.070. The Finance Director shall
have the right to inspect and/or audit these records at any time during normal business hours on twenty-
four (24) hours' written notice. The records shall be maintained at the operator's premises or at a location
convenient to the Finance Director. The records shall include at least the following:
A. Daily summaries of room occupancies;
B. A record of each occupancy charge for which exemption is claimed, the City provided form of
exemption, if applicable, including the name of the individual occupying the room, dates of occupancy and
reasons for exemption;
C. All qualifying rental agreements.
3.16.120 Refunds.
A. Claim Required. Whenever the amount of any tax, interest or penalty has been overpaid, paid more
than once or has been erroneously or illegally collected or received by the City, the tax may be refunded
as provided in subsections (B) and (C) of this section; provided, that a written claim for refund is filed with
the Finance Director. The claim for refund must be filed within one 1 t#fee years of the date of payment,
be made on forms furnished by the Finance Director and be signed by the operator under penalty of
perjury.
3.16.130 Tax Declared a Debt —Action to Collect.
Any tax required to be paid by any transient pursuant to this chapter shall be deemed a debt owed by the
transient to the City. Any such tax collected by an operator that has not been paid to the City, tax an
operator has failed to collect, or penalty or interest due from an operator shall be deemed a debt owed
by the operator to the City. Any person owing money to the City pursuant to this chapter shall be liable to
an action brought in the name of the City for the recovery of such amount.
SS2-58
3.16.140 Penalty for Violations.
No" operator or other person shallw4e willfully_ (A) fails or refuses to register as required by this
chapter; (B) fail-s to make any return required by this chapter; (C) fails or refuses to furnish a supplemental
return or other data required by the Finance Director; or (D) makes a false or fraudulent return or claim;
SS2-59
Chapter 3.20
GASOLINE TAX
3.22.010 Fund Established.
There is created in the City Treasury a special fund to be known as the "Special Gas Tax Street Improvement
Fund," for the purposes specified in Cal. Sts. & Hy. Code Division 1, Chapter 1, Article 5, Chc�apter1 e
Division 1, of the and HrgfiWaYs-C-A-t-d^ ^f the State ^{ Calif^^", and all funds required by such law
to be deposited in the special fund shall be deposited therein in compliance with the provisions of thise
Code, and the disbursements and withdrawals from the fund shall be made only for the purposes and in
the manner prescribed in thise Code.
SS2-60
Chapter 3.22
REAL PROPERTY TRANSFER TAX
Sections:
3.22.010 Short Title —Adoption Authority.
3.22.020 Tax Imposed.
3.22.030 Persons Liable for Tax.
3.22.040 Exemption —Security Instruments.
3.22.050 Exemption —Governmental Agencies.
3.22.060 Exemption —Insolvency or Bankruptcy.
3.22.070 Exemption —Orders of Securities and Exchange Commission.
3.22.080 Exemption —Certain Partnership Transfers.
3.22.085 Exemptions.
3.22.090 Administration.
3.22.100 Refunds.
3._2 2.11-0 OpeFative Date.
3.22.010 Short Title —Adoption Authority.
This chapter shall be known as the "real property transfer tax ordinance of the City of Newport Beach." It
is adopted pursuant to the authority contained in Cal. Rev. & Tax. Code Division 2, -Part 6.7 (commencing
with Section 11901). e#�ls+e;T T ^T tie C-e#��c� r
_ _ i�-6 t#e�euet�Fe��,,�t -raga rr T!� e-Pf tr Ica-�cvf rrca,$rf
^vi=rrfcr.
3.22.060 Exemption —Insolvency or Bankruptcy.
The tax imposed by this chapter shall not apply to the making, delivering or filing of conveyances to make
effective any plan of reorganization or adjustment:
A. Confirmed under the Federal Bankruptcy Acted;
B. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined
in subdivision 11 U.S.C.J�Section 1012SS Af Title 11 of the United States Cede, as amended;
C. Approved in an equity receivership proceeding in a court involving a corporation, as defined in
subdivision 11 U.S.C. Section 101 (3) efSect+efn59Ce e#T+tle 11n-ted States Cede, as arnen or
D. Whereby a mere change in identity, form or place of organization is effectedaffected.
SS2-61
Subsections (A) to (D), inclusive, of this section shall only apply if the making, delivery or filing of
instruments of transfer or conveyances occurs within five years from the date of such confirmation,
approval, or change.
3.22.085 Exemptions.
A. Beneficiary or mortgagee taken in lieu of foreclosure. The tax imposed by this chapter shall not apply
with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the
mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent
that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure.
Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be
noted on the deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury
for tax purposes.
B. The transfer, division or allocation of property assets between spouses under judgment or dissolution
of marriage, separation or agreement in contemplation or judgment or order.
1. The tax imposed by this chapter shall not apply with respect to any deed, instrument, or other
writing which purports to transfer, divide, or allocate community, quasi -community, or quasi -
marital property assets between spouses for the purpose of effecting a division of community,
quasi -community, or quasi -marital property which is required by a judgment decreeing a
dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment
or order rendered pursuant to the alifer^ia PaR#�y:al. Fam. Code, or by a written agreement
between the spouses, executed in contemplation of any such judgment or order whether or not
the written agreement is incorporated as part of any of those judgments or orders.
2. In order to qualify for the exemption provided in subdivision (1), the deed, instrument, or
other writing shall include a written recital, signed by either spouse, stating that the deed,
instrument, or other writing is entitled to the exemption.
3.22.090 Administration.
The County Recorder shall administer this chapter in conformity with the provisions of Cal. Rev. Tax. Code
Division 2, Part 6.7, of Division 2 of the Reve.pue _Ar,d TaWatiGR G^ d, being the Documentary Transfer Tax
Act, and the provisions of any County ordinance adopted pursuant thereto.
2 22 110 Ope Fatiye Date
This chapter -;hall Pat became apeFatWe thP- COURty E)f QFaRge has adepted- -;;A A-FE-IffiPaRee
beceme epeFative at 12:01 a.m. en januaFy 1, 1968 ' E)F en any lateF date, then this chapter shAll hPr-Amp
eperative sirn ltaReeu sly with the opedat
e ate of said County er.die- Rce
SS2-62
C.. et1: e
v �RZT:T r
2.i6.01Q c ^vrr+c�T-'rci�
3.26.0290 ReFpose.
3.26. OR nef:„:tin"c.
3.2fi.n40QQ;Af@ig
-2. i 6vr%0 RoRmr.
3.26.n60 independent Vala d:+., of ne„d-s
3.26.980 rfFer-+ of n.., r nefe.+_
1.26.090 Autherity.
1 orn.,:j;:n„g; ef+M:g nrdina„ee a re„..„le+e Al+er„-.ti..e
2 9G n'I n Chart T:+le
a C)rdn
r:+., of Newport Beach
2 9G 020- Purpose.
The Goty findr, that thp Ardonpinc-,P C-,AdofiPd OR this chapter to establish a pFoGedure
the ee-st ef financing imprevements, the City wall enable RGRPFA-fit- health care, recreatienal facalaties te
levipff ee—st-s P-f thn-,-;t-- Services, te preiAd-i-z -hp-ttp-.r and- Mere efficient servace th-AR vieuild- etherwase be
described in this n-.rd-*.n-;;nr--P- m.fill net result in any adve—r-se fin;;nr-q;;! impact on the City of Newpert Beach,
ebligatieR to levy er impose taxes 9F assessments A—r ethe-R.vise -affect the fin-ances P-.r credit ef the City ef
Newpert Beach.
SS2-63
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SS2-64
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SS2-65
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provided, .rheweerr ... that at ne t;e the Cep �il netake a -.ct;en v.,hir-h w. , I J•
1. CORSt;t-ate - debt of liability of the City;
r
CORst;t� ate pledge of the faith -An.d /.,r ,-re.dit of the City;
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to m, ake ;;i-.t;..n fer then nt .,f , h.,n.dg_ r n.dehte.dness• ..
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The City maV,, fFaFn tiRge te time, issue bE)Rds feF any of the puFpeses specified in subseefie.ps (A), (B) and
(C) of SectiOR 3.26.04C). Bends shall be negetiable instruments fer all purpeses, subject enly te the
,f rch bends f.,r r irtrat;en
SS2-67
E)rdiRaRce shall Rot be deemed
W CE)Rstitute a debt or liability of the City or
ef the faith
credit
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and
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er G9Rt�RgeRtly ebligate the City te levy er
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SS2-68
Specification the
te default OR the duties the City
g. of
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or emissions act which shall constitute a of or
heelledlers Aef b9RdS, the h
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sweh arid PF9VidiRg Fights and ef such elders
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SS2-69
eutstanding bonds, either at their earliest er any subsequent redemptien date er dates er upen the
be applied te such PLIFGh;-;'-;P- A_F retirement at maturity er redemp:�en Gn sweh P-]-RtP- A_.P aS may be
0 F= 2' W.—STCY.W. M
�11
P.
76ncn independent Validity of Qen.JS
he pd n.Jer+hum er.den-,nce
+e .,fF.,C+ at';r InrJ 85 22§ 1/n +1 1045• n J Qn n > /n +1 19841
2 7G non CffeC+ of. llw.icc:en er Ilefe.•t
a R the preceediRgS shall net inv-plid—ate such preceediRgs er the beRds issued purS,_,_A.nt te this cKalmlin-aince.
2 7c n9n A..+hGFi+..
This ehapter. is full autheFity feF the aq-q-'-'-;;Rr--.P- A-f _hA_RdS by the City feF the puFpeses specified her.ein.
2 7G 1 nn Dre..icienc of. thic llydinanre a Complete Alternative
things autheirizzedd This A_rdlip_;;nee -;h-;;" be deemed te pFE)vmde a cempiete, additiGRal -;;Rd- alternative methAd fE)F deiRg the
@Rd shall be regarded as supplemeRtA. and- -ad-d—tie-nal te the power GeRferred
--Its of any ether law appl*ca-hlp- te the iSsi-i-a.mce ef bends. The puFpesp-,-; authe—rized- hereby may
that aRy other law may pFevide foF such puFpE)ser-, A_.r fA-P tht-m A-f -hA-.Pp-]-,; fA-.r liken purposes and
witheut regard te the
4w,,
2 9G 11n InGancicten.•....•:+h Other C+-,+-aec
SS2-70
P.
76ncn independent Validity of Qen.JS
he pd n.Jer+hum er.den-,nce
+e .,fF.,C+ at';r InrJ 85 22§ 1/n +1 1045• n J Qn n > /n +1 19841
2 7G non CffeC+ of. llw.icc:en er Ilefe.•t
a R the preceediRgS shall net inv-plid—ate such preceediRgs er the beRds issued purS,_,_A.nt te this cKalmlin-aince.
2 7c n9n A..+hGFi+..
This ehapter. is full autheFity feF the aq-q-'-'-;;Rr--.P- A-f _hA_RdS by the City feF the puFpeses specified her.ein.
2 7G 1 nn Dre..icienc of. thic llydinanre a Complete Alternative
things autheirizzedd This A_rdlip_;;nee -;h-;;" be deemed te pFE)vmde a cempiete, additiGRal -;;Rd- alternative methAd fE)F deiRg the
@Rd shall be regarded as supplemeRtA. and- -ad-d—tie-nal te the power GeRferred
--Its of any ether law appl*ca-hlp- te the iSsi-i-a.mce ef bends. The puFpesp-,-; authe—rized- hereby may
that aRy other law may pFevide foF such puFpE)ser-, A_.r fA-P tht-m A-f -hA-.Pp-]-,; fA-.r liken purposes and
witheut regard te the
4w,,
2 9G 11n InGancicten.•....•:+h Other C+-,+-aec
SS2-70
To the exteRt that the provisions of this E)rdinaRCe are incensisteRt with the provisions of any general
bGR dSr the pFeV*SieRS of this .,r.dwAaArCe 'Shall be .-I.,.,W ed-
subseGt4op, sentenGe,
Giause eF of this fA-.r any reason held- W he invalid
r
phFa-,;,--
the Validity the
9f thP- A-.PH-wp;-;Pc--e. The City G9WRGil hereby that ha�.Ap
Of PeP�eRS
this A-rdlimance
there4, irrespeetive
passed and each
Seetien, subseetion, sentenee, elause and phrase e
n5tjt tiAA-,I
SS2-71
Chapter 3.27
MUNICIPAL FACILITIES REVENUE BOND CODE
3.27.30 Definitions.
e e c s+r�gpew erspursuant -tA- thee Chirtpeir and the Genst+t-, tien the State.
„City Ge cil" PA c the Git., CG ., Gii of the ri+
"State" mean -,; the -State Af GalifAirnwa-
3.27.110 Repayment of Bonds.
Revenues, or any portion thereof, as designated in the resolution, trust agreement or indenture
authorizing the issuance of the bonds, shall be the sole source of funds pledged by the City for repayment
of bonds issued hereunder shall not be deemed to constitute a debt or liability of the City or a pledge of
the faith and credit of the City but shall be payable solely from revenues.
All bonds shall contain on the face thereof a statement to the following effect:
Neither the faith and credit nor the taxing power of the City of Newport Beach are pledged to the payment
of the principal of or interest on this bond.
The issuance of bonds shall not directly, indirectly or contingently obligate the City Council to levy or
pledge any form of taxation or to make any appropriation for their payment.
3.27.170 Provisions of this Chapter are Complete, Additional and Alternative.
This chapter shall be deemed to provide a complete, additional and alternative method for doing the
things authorized hereby, and shall be regarded as supplemental and additional to the powers conferred
by other laws. The issuance of bonds under the provisions of this chapter need not comply with the
requirements of any other law applicable to the issuance of bonds for an enterprise. The purposes
authorized hereby may be effectuated and bonds are authorized to be issued for any such purposes under
this chapter notwithstanding that any other law may provide for such purposes or for the issuance of
bonds for like purposes and without regard to the requirements, restrictions, limitations or other
provisions contained in any other law.
3.27.180 Judicial Validation Proceedings.
An action may be brought pursuant to Chapter 9 (commencing with Cal. Civ. Proc. Title 10, PaFt LSection
860 ^f Ti*i^' ^ ^f Part' ^f +h^ C-^^'^ ^f r-i.,ii Preced re ) to determine the validity of bonds and the legality
and validity of all proceedings previously taken and proposed to be taken for the authorization, issuance,
sale, and delivery of the bonds and for the payment of the principal thereof and interest thereon.
3.27.190 Amendment of Chapter.
This chapter shall not be amended so as to have a material, adverse eaffect upon the rights of the owners
of any outstanding bonds theretofore issued hereunder, without the written consent of such bond owners;
provided, however, that this chapter may be amended at any time (a) To make such provisions for the
SS2-72
purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provisions herein
contained, as the City may deem necessary or desirable; or (b) If such amendment does not materially
impair or adversely affect the interests of any such bond owner in the opinion of the City Council; or (c) If
such amendments apply solely to bonds not theretofore issued.
SS2-73
Chapter 3.28
VISITOR'S SERVICE FEE
3.28.010 Definitions.
City collectorP'^,^^^ Direetw The term "City collectorPpance ^ir^^ " shall mean the Finance Director
of the City ^f ^'ewpE)Ft Beaeh or his or her designated representative.
Guest. The term "guest" shall mean any individual who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of thirty (30)
consecutive calendar days or less, counting portions of ealendar days as full days. Any individual occupying
space in a hotel shall be deemed to be a guest until the period of thirty (30) days has expired, unless there
is a qualifying rental agreement between the operator and the guest providing for a longer period of
occupancy.
Time -Share Interest. The term "time-share interest" shall mean either a time-share estate or a time-share
use (as those terms are defined in Cal. Bus. & Prof. Code Section 1121211nn1 -9 .,f the Q„s;A^SiS -,nd
°r^f^ssiensCede) and any similar form of ownership involving a right in perpetuity, for life, or for a term
of years, to occupy any room, space or area in a time-share project.
3.28.005 Findings and Purpose.
E. Businesses that provide lodging for visitors will play a key role in dispensing information to visitors,
and the guests of hotels, motels and inns will be the principal beneficiaryies of the program;
3.28.040 Reporting and Remitting, Collection.
The operator shall be required to collect, report and remit all fees paid pursuant to this chapter in the
same manner as required by Section 3.16.070.
3.28.045 Penalties and Interest.
Any operator who fails to collect and remit any fee imposed by this chapter within the time required shall
be required to pay penalties and interest in the same manner and amounts as provided in Section
3.16.080.
3.28.057 Payment Required.
No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or
proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of fees
sought to be collected pursuant to this chapter. Payment of all fees, interest and penalties is a required
condition precedent to seeking judicial review of any fee -liability under this chapter.
3.28.060 Duty of Successor of Operator.
A. If an operator who is liable for any fee or penalties under this chapter sells or otherwise disposes of
the hotel operation, his/her successor shall notify the Finance Director of the date of sale at least thirty
(30) days before the date of sale, or if the decision to sell was made less than thirty (30) days prior to the
actual sale, then immediately and shall upon withhold a sufficient portion of the purchase price to equal
the amount of any unpaid fees or penalty until the selling operator produces a receipt from the Finance
SS2-74
Director showing that the fees or penaltyies haves been paid or a clearance certificate from the Finance
Director stating that no fee or penalty is due. If the seller does not present a receipt or clearance certificate
within thirty (30) days after such successor commences to conduct business, the successor shall deposit
the withheld amount with the Finance Director pending settlement of the account of the seller.
3.28.070 Refunds.
A. Claim Required. Whenever the amount of any fee, interest or penalty has been overpaid or paid more
than once or has been erroneously or illegally collected or received by the City under this chapter, it may
be refunded as provided in subsections (B) and (C) of this section; provided, that a claim in writing therefor,
stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the
Finance Director within one 1 wee -years of the date of payment. The claim shall be on forms furnished
by the Finance Director.
3.28.075 Notice.
Any notice required to be given pursuant to this chapter, shall be deemed given if persenally served on
the operator or the operator's representative, 9F if deposited in the United Stat S, Mail first class postage
pFep ):i , in the manner provided in Section 1.08.080 and addressed to the operator at the address shown
on the transient occupancy registration certificate.
3.28.080 Fee Declared a Debt —Action to Collect.
Any fee collected by an operator pursuant to this chapter that has not been paid to the City fee an operator
has failed to collect, or penalty or interest due from an operator shall be deemed a debt owed by the
operator to the City and the operator shall be liable in an action brought in the name of the City of Newport
Beach for the recovery such amount of the ,,.,..effli#- d f^^.
3.28.085 Penalty for Violations.
NoA,, y operator or other person shallw#s willfully_ (A) fails or refuses to register as required by this
chapter; (B) fails to make any return required by this chapter; (C) fails or refuses to furnish a supplemental
return or other data required by the Finance Director; or (D) makes a false or fraudulent return or claim;
SS2-75
Chapter 3.30
AIR QUALITY IMPROVEMENT TRUST FUND
3.30.010 Findings.
D. Cities and counties have the opportunity to implement programs and projects that reduce air polluting
emissions from mobile sources in order that the SCAB attain State and federal ambient air quality
standards as required by the California Clean Air Act of 1988, Cal. Health &a-r4 Safety Code section 39000
et seq.
G. For cCities and cCounties located within the jurisdiction of the SCAQMD that comply with Section
44243 of the Cal. Health & apA-Saf.ety Code, forty cents ($.40) of every dollar collected under Cal. Health
& Saf. Code Section 44223 ^f the Health and Safety Ge J^ shall be distributed to the cCities and cCounties
on the basis of the jurisdiction's prorated share of population as defined by the State Department of
Finance.
H. Cities and cCounties that fail to adopt an oOrdinance pursuant to Cal. Health & Saf. Code Section
44243(b) .,f the C—alif^rPia H alth and Safety Cede shall have the fee revenues which would be distributed
to that City or County distributed to the other cCities and cCounties within the jurisdiction of the SCAQMD
which have adopted an ordinance pursuant to Section 44243(b) based on their prorated share of
registered motor vehicles.
3.30.020 Intent.
The intent of this chapter is to establish a special fund to receive revenue distributed by the SCAQMD, to
support the SCAQMD's imposition of the additional vehicle registration fee and to bring the City into
compliance with the requirements set forth in Cal. Health & Saf. Code Section 44243 ^f the Wealth - nd-
Saft�e-in order to receive fee revenues for the purpose of implementing mobile source air pollution
reduction programs.
3.30.030 Definitions.
A. "City" shall the City ^f Newport Beach.
� urea„-�-r� � ��
-9A. "Mobile source air pollution reduction programs" shall mean any program or project implemented
by the City to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or
the plan proposed pursuant to Cal. Health & Saf. Code A.rt#se S-Divrsmen 26 Part3, Chapter 5.5,�sk�
(,.^Y, FR ^ With Section 40460 et seg.) of Chapter C C f oar+ R- f the ralof mia Wealth -;;nd- Safety Code.
BC. "Fee Administrator" shall mean the Finance Director of the City ^r the P;r,-,r,,.^ ^;reeter's el
3.30.040 Administration.
E. Audits. The City consents to providing the findings of its annual independent audit for mobile source
air pollution reduction programs and projects financed by the additional motor vehicle registration fee.
The audit of those programs and projects shall be conducted in accordance with the procedure established
to fulfill the audit requirement under Cal. Health & Saf. Code Section 44244.1. ^f the Health and Safer„
Cede.
SS2-76
F. Appeals. The City shall have the right to appeal the findings and determinations made as a result of
the SCAQMD audit procedure through the public hearing process described in Cal. Health & Saf. Code
Section 44244.4-�C-1) ^f the Health and Safety Ce4e.
SS2-77
Sections:
3.32.010 Definitions.
Chapter 3.32
SPECIAL IMPROVEMENT DISTRICT FINANCING CODE
Article I. Definitions
Article II. General Provisions
3.32.020 Short Title.
3.32.030 Municipal and State Affairs —Authority Conferred by Code —Applicability of Laws.
3.22.040 GO;,mEtRg PFG490sic-.s—c,,.,, Fab;l;+.,
3.32.050 Actions or Determinations by Local Agency.
3.32.060 Establishment of Special Improvement District to Finance Certain Additional Services.
3.32.070 Additional Financing Powers of District —Purchase, Construction, Expansion, Improvement,
Rehabilitation, or Planning and Design Work of Real or Tangible Property.
3.32-04n Adjustments ' Ad Valer��F�� T
v� Sti�C�zo�la-.�-.i..vr CKt 5
Within Proposed DistFir;&.
3.32.100 Additional District Financing Powers.
3.32.110 Transfer of Funds —Use of Money —Interest.
3.32.120 Advances of Funds or Work In -kind —Acceptance by City Council —Use —Repayment —
Agreement —Conditions.
3.32.130 Liberal Construction of Code —Error, Irregularity, Neglect or Omission.
3.32.140 Failure to Receive Notice, Resolution, Order, or Other Matter Not Affecting Proceedings.
3.32.150 Application of Code —Authority to Create Special Improvement Districts.
3.32.160 Special Ttax—Property Acquired by Public Entity Through Negotiated Transaction or by Gift
or Device.
3.32.170 Special Tax —Special Assessment on Property Acquired by Public Entity Through Eminent
Domain.
Article III. Proceedings to Create a Special Improvement District
3.32.180 Institution of Proceeding —Request —Petition —Fee.
3.32.190 Prohibition of LAFCO from Review, Approval or Disapproval of Creation of or Annexation
or Detachment of Territory from a District.
SS2-78
3.32.200 Petition —Contents —Findings as to Requisite Number of Signers.
3.32.210 Resolution of Intention to Establish District —Time for Adoption.
3.32.220 Resolution of Intention to Establish Special Improvement District —Contents.
3.32.230 Reports and Estimate of Costs by Responsible Officers —Remedial Action Plan for Cleanup of
Hazardous Substance —Inclusion in Record of Hearing.
3.32.240 Notice of Hearing.
3.32.250 Notice of Hearing by Mail to Registered Voters and Landowners Within Proposed District.
3.32.260 Protests —Interested Persons or Taxpayer.
3.32.270 Written Protest —Further Proceedings to Create District —Elimination of Special Tax or Types
of Facilities or Services From Resolution of Formation.
3.32.280 Hearing —Continuances —Time Limitation —Exception —Modification of Resolution of
Intention —Determination to Abandon or Proceed With Establishment of District.
3.32.290 Adoption of Resolution of Formation Establishing District —Contents —Finding Concerning
Validity and Conformity of Prior Proceedings.
3.32.300 Special Tax —Basis for Apportionment.
3.32.310 Noncontiguous Areas —Alteration of Boundaries.
3.32.320 Establishment or Changing Appropriations Limit —Election on Proposition —Adjustment.
3.32.330 Special Tax Levy —Election —Voter Qualifications —Ballots.
3.32.340 Election Laws Governing —Ballot Materials.
3.32.350 Election by Mail Ballot.
3.32.360 Special Tax Levy.
3.32.370 Recordation and Notice of Special Tax Lien —Site of Record.
3.32.380 Application of California-m Streets and Highway Code With Respect to Special Taxes —
Filings.
3.32.390 Special Tax Levy —Effect of Failure to Receive Approval by Two-thirds of Voters.
3.32.400 Owners Not Required to Present Sealed Proposals or Bids —Election Not to Perform Work —
Contract With Original Bidder.
Article IV. Extension of Authorized Facilities and Services and Changes in Special Taxes
3.32.410 Types of Facilities and Services Financed.
3.32.420 Buyers of Certain Residential Property —Induced Waiver of Right to Petition or Take Other
Action Prohibited.
SS2-79
3.32.430 Special Tax —Levy and Apportionment —Cessation of Tax and Lien.
3.32.440 Types of Facilities and Services Provided.
3.32.450 Resolution of Consideration —Change in Types of Facilities and Services Financed.
3.32.460 Resolution of Consideration to Make Changes in Facilities, Services or Special Taxes —
Petition —Fee.
3.32.470 Petition to Make Specified Changes to Types of Public Facilities —Separate Instruments —
Signatures.
3.32.480 Resolution of Consideration —Form.
3.32.490 Resolution of Intention to Make Changes in Facilities, Services or Special Taxes —Notice of
Hearing.
3.32.500 Resolution of Intention to Make Changes in Facilities, Services or Special Taxes —Protests.
3.32.510 Written Protests Against Changes —Elimination From Resolution.
3.32.520 Hearing —Time —Abandonment of Proceeding or Submission of Question to Qualified
Electors —Determination of Legal Effect of Proposed Levy or of Changes in Facilities and Services —
Notice of Changes.
3.32.530 Dissolution of Special Improvement District —Findings —Dissolution of Liens.
Article V. Annexation of Territory
3.32.540 Authorization.
3.32.550 Adoption of Resolution of Intention.
3.32.560 Resolution of Intention —Contents.
3.32.570 Notice of Hearing.
3.32.580 Protests.
3.32.590 Abandonment of Proposal —Required Number of Written Protests.
3.32.600 Continuance and Duration of Hearing —Abandonment of Proceedings —Submission of
Special Tax Question to Electors —Annexation of Territory —Effectiveness of Ballots Contingent on
Passage of Other Ballot Measures.
3.32.610 Addition of Territory With Full Legal Effect —Special Tax Levy.
3.32.620 Failure to Receive Approval of Two-thirds of Voters —Prohibition of Further Action.
Article VI. Procedures for Levying
3.32.630 Ordinance —Tax Rate and Apportionment —Exemption of Governmental Properties and
Entities From Special Tax —Use of Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure Levy of
Special Taxes.
SS2-80
3.32.640 Preparation of Current Roll of Special Tax Levy Obligations —Designation of Responsible
Office —Estimation of Future Special Tax Levies —Liability for Inaccurate Estimates —Notice of Special
Tax —Form.
3.32.650 Actions or Proceedings to Attack, Review, Set Aside, Void, or Annul Levy of Special Tax or
Increase in Special Tax —Time for Commencement —Time for Perfection of Appeal From Final
Judgment.
3.32.660 Sale or Lease of Lot, Parcel or Unit of Subdivision —Notice of Special Tax —Form —
Termination of Agreement —Violations and Penalties.
3.32.670 Manner of Fixing and Collecting Charges.
3.32.680 Use of Charges for Authorized Facilities and Services.
3.32.690 Prepayment and Satisfaction of Special Tax Lien —Notice of Cancellation of Lien.
Article VII. Bonds
3.32.700 Resolution to Incur Bonded Indebtedness.
3.32.710 Inclusion of Certain Costs and Estimated Costs in Proposed Bonded Indebtedness.
3.32.720 Notice of Hearing on Resolution.
3.32.730 Hearing —Proceeding With.
3.32.740 Hearing —Interested Persons.
3.32.750 Improvement Area —Resolution Designating —Application of Proceedings.
3.32.760 Resolution —Bonded Indebtedness.
3.32.770 Resolution to Incur Bonded Indebtedness —Notice of Election —Publication.
3.32.780 Ballot Propositions.
3.32.790 Separate Ballots.
3.32.800 Revenue Anticipation Bonds —Votes Required for Issuance.
3.32.810 Resolution Relating to Form, Execution and Issuance of Bonds.
3.32.820 Action to Foreclose Liens —Cumulative Remedy —Resolution to Diligently Pursue
Foreclosure Action —Collection of Delinquent Charges.
3.32.830 Credit to Tax Collector on Current Tax Roll of Amount Foreclosed —Responsibility for
Amounts Not Foreclosed —Costs of Removing Sums From Tax Roll.
3.32.840 Dismissal of Action Before Judgment in Foreclosure Action —Payment of Specified Amounts.
3.32.850 Complainant and Time for Bringing Foreclosure Action —Contents of Complaint.
3.32.860 Judgment Decree —Contents —Am ount—Attorney's Fees —Application of General
Foreclosure Provisions.
SS2-81
3.32.870 Price of Property Sold.
3.32.880 Computation Errors —Validity of Special Tax Installment, Interest or Penalty.
3.32.890 Signatures on Bonds or Coupons —Place Bonds Are Payable.
3.32.900 Special Tax or Charge for Outstanding Bonded Debt.
3.32.910 Action to Determine Validity of Bonds or Special Tax Levy.
3.32.920 Sale of Bonds —Bids and Bidding.
3.32.930 Variable Interest Rate.
3.32.940 Force, Value and Use of Bonds —Exemption From State Taxation.
3.32.950 Refunding Bonds —Resolution.
3.32.960 Limitation on Issuance of Refunding Bonds —Principal Amount of Refunding Bonds.
3.32.970 Reduction of Bonded Indebtedness by Amount of Issued Refunding Bonds.
3.32.980 Refunding Bonds —Issuance Without Repetition of Procedures Required for Approval of
Original Bond Issue.
3.32.990 Refunding Bonds —Resolution for Issuance.
3.32.1000 Refunding Bonds —Exchange or Sale.
3.32.1010 Amount of Proceeds and Investments in Funding Fund.
3.32.1020 Refunding Bonds —Use of Savings —Reduction of Tax Levy.
3.32.1030 Callable Bonds.
3.32.1040 Borrowing Money in Anticipation of Sale of Bonds —Issuance of Negotiable Bond
Anticipation Notes —Renewal of Notes.
3.32.010 Definitions.
Unless the context otherwise requires, the definitions contained in this awe -section shall govern the
construction of this C-ed hapter.
CA. "Cost" means the expense of constructing or purchasing the public facility and of related land, right-
of-way, easements, including incidental expenses, and the cost of providing authorized services, including
incidental expenses.
SS2-82
B.D. "Debt" means any binding obligation to pay or repay a sum of money, including obligations in the
form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans
from banks, other financial institutions, private businesses, or individuals, or long-term contracts.
C€. "Incidental expense" includes all of the following:
1. The cost of planning and designing public facilities to be financed pursuant to this Code,
including the cost of environmental evaluations of those facilities.
2. The costs associated with the creation of the special improvement district, issuance of bonds,
determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise
incurred in order to carry out the authorized purposes of the special improvement district.
3. Any other expenses incidental to the construction, completion, and inspection of the
authorized work.
D-P. "Landowner" or "owner of land" means any person shown as the owner of land on the last equalized
assessment roll or otherwise known to be the owner of the land by the City. The City Council has no
obligation to obtain other information as to the ownership of the land, and its determination of ownership
shall be final and conclusive for the purposes of this Code. A public agency is not a landowner or owner of
land for purposes of this Code.
EG. "Legislative body" means the legislative body or governing board of any local agency.
F#. "Local agency" means any c&Qty or cCounty, whether general law or chartered, special district, school
district, joint powers entity created pursuant to Cal. Gov. Code, Title 1, Division 7, Chapter 5 ,g
w4h-Section 6500 et seg.) of Divisi^^' of T,+l , {+h Cali f,,.-l;a r-,,.,,,..,., ent Cede, or any other municipal
corporation, district, or political subdivision of the State.
G1. "Rate" means a single rate of tax or a schedule of rates.
Hd. "Services" means the provision of police and fire protection services, recreation programs, library
services, operation and maintenance of museums and cultural facilities, the operation and maintenance
of parks and parkways, and the provision of flood and storm protection services, including, but not limited
to, the operation and maintenance of storm drainage systems. "Services" includes the performance by
employees of functions, operations, maintenance, and repair activities.
1K. "Special improvement district" means a legally constituted governmental entity established pursuant
to this Code for the sole purpose of financing facilities and services.
3.32.030 Municipal and State Affairs —Authority Conferred by Code —Applicability of Laws.
This Code is adopted pursuant to Sectien 200 f+ti City Charter Section 200ef the Gity of ni,,,.,pert Bea�H
In proceedings had pursuant to this Code which are a municipal affair, any general laws referred to in this
Code are deemed a part of this Code.
In the event that any proceeding had pursuant to this Code shall be adjudged a matter of statewide
concernState it is declared to be the intention that the proceedings were had pursuant to any
applicable general law or laws.
SS2-83
This Code provides an alternative method of financing certain public capital facilities and services. The
provisions of this Code shall not affect or limit any other provisions of law authorizing or providing for the
furnishing of governmental facilities or services or the raising of revenue for these purposes. The City may
use the provisions of this Code instead of any other method of financing part or all of the cost of providing
the authorized kinds of capital facilities and services.
332.040-GenMEting
3.32.060 Establishment of Special Improvement District to Finance Certain Additional Services.
F. Services with respect to removal or remedial action for the cleanup of any hazardous substance
released or threatened to be released into the environment. As used in this subdivision, the terms
"remedial action" and "removal" shall have the meanings set forth in Cal. Health & Saf. Code Sections
25322 and 25323, respectively, of the Gal;fern;a Health -,nd caf +., and the term "hazardous
substance" shall have the meaning set forth in Cal. Health & Saf.ety Code Section 25281 of the Calif^..
Health and Safety Cede Special improvement districts shall provide the State Department of Health
Services and local health and building departments with notification of any cleanup activity pursuant to
this subdivision at least thirty (30) days prior to commencement of the activity.
3.32.070 Additional Financing Powers of District —Purchase, Construction, Expansion, Improvement,
Rehabilitation, or Planning and Design Work of Real or Tangible Property.
D. The district may also finance the construction or undergrounding of water transmission and
distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the transmission or
distribution of electrical energy, and cable television lines. The district may enter into an agreement with
a public utility to utilize those facilities to provide a particular service and for the conveyance of those
facilities to the public utility. "Public utility" shall include all utilities, whether public and regulated by the
Public Utilities Commission, or municipal. If the facilities are conveyed to the public utility, the agreement
shall provide that the cost or a portion of the cost of the facilities that are the responsibility of the utility
shall be refunded by the public utility to the district or improvement area thereof, to the extent that
refunds are applicable pursuant to:; (1) the Cal. Pub.4e Util.Aie-s Code or rules of the Public Utilities
Commission, as to utilities regulated by the commission; or (2) other laws regulating public utilities. Any
reimbursement made to the district shall be utilized to reduce or minimize the special tax levied within
the district or improvement area, or to construct or acquire additional facilities within the district or
improvement area, as specified in the resolution of formation.
H. 1. A district may also pay for the following:
a. Work deemed necessary to bring buildings or real property, including privately owned
buildings or real property, into compliance with seismic safety standards or regulations.
No project involving the dismantling of an existing building and its replacement by a new
building, nor the construction of a new or substantially new building may be financed
SS2-84
pursuant to subsection (H)(1)(a) of this section. Work on qualified historical buildings or
structures shall be done in accordance with the State Historical Building Code (Cal. Health
& Saf. Code Division 13, Part 2.7, (cemm^^Gi^^ With Section 18950 et seq.) of Dk ,i�i^^ 13
A-f thP- Califernia Wealth and Safety Cede).
b. In addition, within any County or area designated by the President of the United States
or by the Governor as a disaster area or for which the Governor has proclaimed the
existence of a state of emergency because of earthquake damage, a district may also pay
for any work deemed necessary to repair any damage to real property directly or indirectly
caused by the occurrence of an earthquake cited in the President's or the Governor's
designation or proclamation, or by aftershocks associated with that earthquake, including
work to reconstruct, repair, shore up, or replace any building damaged or destroyed by
the earthquake. Work may be financed pursuant to this subsection (H)(1)(b) efthis <^^*i^^
only on property or buildings identified in a resolution of intention to establish a special
improvement district adopted within seven (7) years of the date on which the County or
area is designated as a disaster area by the President or by the Governor or on which the
Governor proclaims for the area the existence of a state of emergency.
2. Work on privately owned property, including reconstruction or replacement of privately
owned buildings pursuant to subsection (H)(1)(b) of this sSection, may be financed by a tax
levy only if all of the votes cast on the question of levying the tax, ••�Tfavor ef-levying the
tax, or with the prior written consent to the tax of the owners of all property which may be
subject to the tax, in which case the prior written consent shall be deemed to constitute a
vote in favor of the tax and any associated bond issue. Any district created to finance seismic
safety work on privately owned buildings, including repair, reconstruction or replacement of
privately owned buildings pursuant to this subsection (H) of this s^^'' shall consist only of
lots or parcels en w hiehthat the City Council finds were the sites of buildings damaged or
destroyed by an earthquake cited in the President's or the Governor's designation or
proclamationt.hat the buildings to be w erke' en repaired, reconstructed, ^ placed
by the earthquake cited pursuant We (H)(1)(b) er by the aftersheeks n-f that
a. A district may also pay for the following:
i. Work deemed necessary to repair and abate damage caused to privately
owned buildings and structures by soil deterioration. "Soil deterioration" means
a chemical reaction by soils that causes structural damage or defects in
construction materials including concrete, steel, and ductile or cast iron. No
project involving the dismantling of an existing building or structure and its
replacement by a new building or structure, nor the construction of a new or
substantially new building or structure may be financed pursuant to this
subsection (a)(i) ^f+h;<
ii. Work on privately owned buildings and structures pursuant to this subsection
(a) ^f this <^^*i^^, including reconstruction, repair, and abatement of damage
caused by soil deterioration, may only be financed by a tax levy if all of the votes
SS2-85
cast on the question of levying the tax vote On favor of -levying the tax. Any district
created to finance the work on privately owned buildings or structures, including
reconstruction, repair, and abatement of damage caused by soil deterioration,
shall consist only of lots or parcels op_w4ie"that the City Council finds that
bwA dongs to hp , rked- n+ t +hi.- suffer from soil
deterioration.
3.3.2.0-z�n�twepisTia,Ad Valorem FeaTaxes—Findings.
w An of
the public heaFiRg held r Rt to Article III A,f this ehapter•
pedeht.,.JneSS ineurred to fi. apr_-e Instru�+ielp Af C- pat -.I f-,eiIi+;es,
(A) of this s.,e h
A.d-. ValoFem PFopekyTax Revenue Due From Parcels
ripht irIPnt:ifiPd Si-r-tinn shall net he after the date en which the resel-IJAP Af
fe_.rrn_;Aie_.n for the special imprevement district is adepted, er -Pift-eir a 11-ate-Ir al -ate dete.r.P.A.1i Red by the City
R. The Gity CeURGOI MaYL, by E)FdiRaRGe, With the GeRGUrrenee of the legislative bedy that levied the
en property tax revenue established 131--r-ruant to subsectien (A) of this sectien, upen determining that the
the capital facilities specified in Sub-sectien (B) of Sectien 3.32.080- shall cease to -he levied- And Gellected.
3.32.100 Additional District Financing Powers.
Pursuant to Section 3.32.070, a special improvement district may also finance the acquisition,
improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or
publicly owned, for the purposes described in s bsectien (F ^f Section 3.32.060(F).
3.32.120 Advances of Funds or Work In -kind —Acceptance by City Council —Use —Repayment —
Agreement —Conditions.
A. At any time either before or after the formation of the district, the City Council may accept advances
of funds or work in -kind from any source, including, but not limited to, private persons or private entities
SS2-86
and may provide by resolution; for the use of those funds or that work in -kind for any authorized purpose,
including, but not limited to, paying any cost incurred by the City in creating then special improvement
district. The City Council may enter into an agreement, by resolution, with the person or entity advancing
the funds or work in -kind, to repay all or a portion of the funds advanced, or to reimburse the person or
entity for the value, or cost, whichever is less, of the work in -kind, as determined by the City Council, with
or without interest, under all of the following conditions:
1. The proposal to repay the funds or the value or cost of the work in -kind, whichever is less, is included
in the resolution of intention to establish then district or in the resolution of formation to establish the
district, or in the resolution of consideration to alter the types of public facilities and services provided
within an established district.
2. Any proposed special tax or change in a special tax is approved by the qualified electors of the district
PUFSUaRt t^ t"or, Gede. Any agreement shall specify that if the qualified electors of the district do not
approve the proposed special tax or change in a special tax, the local agency shall return any funds which
have not been committed for any authorized purpose by the time of the election to the person or entity
advancing the funds.
3. Any work in -kind accepted pursuant to this section shall have been performed or constructed as if the
work had been performed or constructed under the direction and supervision, or under the authority of,
the local agency.
3.32.170 Special Tax —Special Assessment on Property Acquired by Public Entity Through Eminent
Domain.
If property subject to a special tax levied pursuant to this Code is acquired by a public entity through
eminent domain proceedings, the obligation to pay the special tax shall be treated, pursuant to Cal. Civ.
Proc. Code Section 1265.250 ^f the G-alife-Ppia r^,_^ f r0.41 o,-^,.^,1„r as if it were a special annual
assessment. For this purpose, the present value of the obligation to pay a special tax to pay the principal
and interest on any indebtedness incurred by the district prior to the date of apportionment determined
pursuant to Cal. Civ. Proc. Code Section 5082 ^f the G-alifA_Mia ReveR„e ,pal Tawat;,,r r^ �^ shall be treated
the same as a fixed lien special assessment.
3.32.190 Prohibition of LAFCO From Review, Approval or Disapproval of Creation of or Annexation or
Detachment of Territory from a District.
Notwithstanding any provision of Cal. Gov. Code, Title 5, Division 3, Part 1, (Gern eReiRg ;•fith Section
56000 et seq. ) of D;v;sien 3 ^f the California r-.,.,^,-.,ment Cede, a local agency formation commission shall
have no power or duty to review and approve or disapprove a proposal to create a special improvement
district or a proposal to annex territory to, or detach territory from, such district, pursuant to this Code.
3.32.220 Resolution of Intention to Establish Special Improvement District —Contents.
Proceedings for the establishment of a special improvement district shall be instituted by the adoption of
a resolution of intention to establish the district, which shall do all of the following:
A. State that a special improvement district is proposed to be established under the terms of this Code
and describe the boundaries of the territory proposed for inclusion in the district, which may be
accomplished by reference to a map on file in the office of the Clerk, showing the proposed special
SS2-87
improvement district. The boundaries of the territory proposed for inclusion in the district shall include
the entirety of any parcel subject to taxation by the proposed district.
B. State the name proposed for the district in substantially the following form: "City of Newport Beach
Special Improvement District No. "
C. Describe the public facilities and services proposed to be financed by the district pursuant to this Code.
The description may be general and may include alternatives and options, but it shall be sufficiently
informative to allow a taxpayer within the district to understand what the funds of the district may be
used to finance. If the purchase of completed public facilities or the incurring of incidental expenses is
proposed, the resolution shall identify those facilities or expenses. If facilities are proposed to be financed
through any financing plan, including, but not limited to, any lease, lease -purchase, or installment -
purchase arrangement, the resolution shall briefly describe the proposed arrangement.
D. State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities
and services, secured by recordation of a continuing lien against all nonexempt real property in the district,
will be annually levied within the districtaFea. The resolution shall specify the rate, method of
apportionment, and manner of collection of the special tax in sufficient detail to allow each landowner or
resident within the proposed district to estimate the maximum amount that he or she will have to pay.
The City Council may specify conditions under which the obligation to pay the specified special tax may be
prepaid and permanently satisfied.
In the case of any special tax to pay for public facilities and to be levied against any parcel used for private
residential purposes, (1) the maximum special tax shall be specified as a dollar amount which shall be
calculated and thereby established not later than the date on which the parcel is first subject to the tax
because of its use for private residential purposes, which amount shall not be increased ever time ^xe^p+
that it m be increased by a arneunt net to e edby more than two percent per year, (2) the
resolution shall specify a tax year after which no further special tax subject to this sentence shall be levied
or collected, and the resolution shall specify that under no circumstances will the special tax levied against
any parcel subject to this sentence be increased by more than ten (10) percent- as a consequence of
delinquency or default by the owner of any other parcel or parcels within the district by FRE)Fe +haR ten
perGeet. For purposes of this subsection (D) of *hi< Sectie-R, a parcel shall be considered "used for private
residential purposes" not later than the date on which an occupancy permit for private residential use is
issued. Nothing in this subsection is intended to prohibit the City Council from establishing different tax
rates for different categories of residential property, or from changing the dollar amount of the special tax
for at#e parcel if the size of the residence is increased or if the size or use of the parcel is changed.
E. Fix a time and place for a public hearing on the establishment of the district which shall not be less
than thirty (30) or more than sixty (60) days after the adoption of the resolution.
Fri. Describe the proposed voting procedure.
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3.32.230 Reports and Estimate of Costs by Responsible Officers —Remedial Action Plan for Cleanup of
Hazardous Substance —Inclusion in Record of Hearing.
At the time of the adoption of the resolution of intention to establish a special improvement district, the
City Council shall direct each of its officers who is or will be responsible for providing one or more of the
proposed types of public facilities or services to be financed by the district, if it is established, to study the
proposed district and, at or before the time of the hearing, file a report with the City Council containing a
brief description of the public facilities and services by type which will in his or her opinion be required to
adequately meet the needs of the district and his or her estimate of the cost of providing those public
facilities and services. If the purchase of completed public facilities or the payment of incidental expenses
is proposed, the City Council shall direct its appropriate officer to estimate the fair and reasonable cost of
those facilities or incidental expenses. If removal or remedial action for the cleanup of any hazardous
substance is proposed, the City Council shall (1) direct its responsible officer to prepare or cause to be
prepared, a remedial action plan based upon factors comparable to those described in Cal. Health & Saf.
Code Section 25356.1 subdivision (de) of Seat^" 2-5396 ^f +h^ G-,l;fe-Mia Health ^d_ Safety Gede or (2)
determine, on the basis of the particular facts and circumstances, which shall be comparable to those
described in Cal. Health & Saf. Code Section 25356.1 subdivision (hg)_L31^f c^,-+;^�c ^f +h.,
Cual;ferp;a Health ;4pd q fety Cede, that the remedial action is not required. All of those reports shall be
made a part of the record of the hearing on the resolution of intention to establish the district.
3.32.240 Notice of Hearing.
A. The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code Sections 6060 and 6061 e#
the C-life-Mia Geve-.,., ent Cede in a newspaper of general circulation published in the area of the
proposed district. Publication shall be complete at least seven (days prior to the date of the hearing.
3.32.270 Written Protest —Further Proceedings to Create District —Elimination of Special Tax or Types
of Facilities or Services From Resolution of Formation.
If fifty (50) percent or more of the registered voters, or six registered voters, whichever is more, residing
within the territory proposed to be included in the district, or the owners of one-half or more of the area
of the land in the territory proposed to be included in the district and not exempt from the special tax, file
written protests against the establishment of the district, and protests are not withdrawn so as to reduce
the value of the protests to less than a majority, no further proceedings to create the specified special
improvement district or to levy the specified special tax shall be taken for a period of one year from the
date of the decision of the City Council.
If the majority protests of the registered voters or of the landowners are only against the furnishing of a
specified type or types of facilities or services within the district, or against levying a specified special tax,
those types of facilities or services or the specified special tax shall be eliminated from the resolution of
formation. but the formation may otherwise proceed.
3.32.290 Adoption of Resolution of Formation Establishing District —Contents —Finding Concerning
Validity and Conformity of Prior Proceedings.
A. If the City Council determines to establish the district, it shall adopt a resolution of formation
establishing the district.
SS2-89
The resolution of formation shall contain all of the information required to be included in the resolution
of intention to establish the district specified in Section 3.32.220. If a special tax is proposed to be levied
in the district to pay for any facilities or services and the special tax has not been eliminated by majority
protest pursuant to Section 3.32.270, the resolution shall:
1. State that the proposed special tax to be levied within the district has not been precluded by
majority protest pursuant to Section 3.32.270.
2. Identify any facilities or services proposed to be funded with the special tax.
3. Set forth the name, address, and telephone number of the office, department, or bureau
which will be responsible for preparing annually a current roll of special tax levy obligations by
assessor's parcel number and which will be responsible for estimating future special tax levies
pursuant to Section 3.32.640.
4. State that upon recordation of a notice of special tax lien pursuant to Cal. Sts. & Hy. Code
Section 3114.5 ^f the G-alifOrRi, Streets Rd High . aYS r a continuing lien to secure each levy
of the special tax shall attach to all nonexempt real property in the district and this lien shall
continue in force and effect until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until collection of the tax by the City ceases.
5. Set forth the County of Recordation and the book and page in the Book of Maps of
Assessments and Community Facilities Districts in the County Recorder's office where the
boundary map of the proposed special improvement district has been recorded pursuant to Cal.
Sts. & Hy. Code Sections 3111 and 3113. ^f+h^ r.,I;fAr ;a Street- and Hi gh,. ays r^ �^
3.32.320 Establishment or Changing Appropriations Limit —Election on !proposition —Adjustment.
The City Council may submit a proposition to establish or change the appropriations limit, as defined by
subdivision (h) of Section 8 of Article XIII B of the California Constitution, of a special improvement district
to the qualified electors of a proposed or established district. The proposition establishing or changing the
appropriations limit shall become effective if approved by the qualified electors voting on the proposition
and shall be adjusted for changes in the cost of living and changes in populations, as defined by Cal. Gov.
Code Section 7901 subdivisions (b) and (c) of c^,.+;^., 7on1 f the C-alife-Mia Revenue and Taxation r^d^
except that the change in population may be estimated by the City Council in the absence of an estimate
by the Department of Finance, and in accordance with Section 1 of Article XIII B of the California
Constitution. For purposes of adjusting for changes in population, the population of the district shall be
deemed to be at least one person during each calendar year.
3.32.330 Special Tax Levy —Election —Voter Qualifications —Ballots.
A. The City Council shall then submit the levy of any special taxes to the qualified electors of the proposed
special improvement district subject to the levy or to the qualified electors of the territory to be annexed
by the special improvement district subject to the levy in the next general election or in a special election
to be held, notwithstanding any other requirement, including any requirement that elections be held on
specified dates, contained in the Ca"�Ra Cal. Elec.tieos Code, at least ninety (90) days, but not more
than one hundred eighty (180) days, following the adoption of the resolution of formation. The City Council
shall provide the resolution of formation, a certified map of sufficient scale and clarity to show the
SS2-90
boundaries of the district, and a sufficient description to allow the election official to determine the
boundaries of the district to the official conducting the election within three business days after the
adoption of the resolution of formation. Assessor's parcel numbers for the land within the district shall be
included if it is a landowner election or the district does not conform to an existing district's boundaries
and if requested by the official conducting the election. If the election is to be held less than one hundred
twenty-five (125) days following the adoption of the resolution of formation, the concurrence of the
election official conducting the election shall be required. However, any time limit specified by this section
or requirement pertaining to the conduct of the election, including any time limit or requirement
applicable to any election conducted pursuant to Article VI of this chapter, may be waived with the
unanimous consent of the qualified electors of the proposed district and the concurrence of the election
official conducting the election.
3.32.340 Election Laws Governing —Ballot Materials.
A. Except as otherwise provided in this Code, the provisions of law regulating elections of the City, insofar
as they may be applicable, shall govern all elections conducted pursuant to this Code. Except as provided
in subsection (B) of this section, there shall be prepared and included in the ballot material provided to
each voter, an impartial analysis pursuant to Cal. Elec. Code Section 9280 50" of the calif^r„aa FE'^6tiens
Cie, and arguments and rebuttals, if any, pursuant to Cal. Elec. Code Sections 92815012 to 9287-541-C,
FRGIUSiVe, a�l;d 50-25 "fie califfA_FAOa P_lPcc AAA CAv"rc.
B. If the vote is to be by the landowners of the proposed district, analysis and arguments maybe waived
with the unanimous consent of all the landowners and shall be so stated in the order for the election.
3.32.370 Recordation and Notice of Special Tax Lien —Site of Record.
Upon a determination by the City Council that the requisite two-thirds of votes cast in an election held
pursuant to Section 3.32.330 are in favor of levying the special tax, the Clerk shall record the notice of
special tax lien provided for in Cal. Sts. & Hy. Code Section 3114.5 of the Calif,,.„;a Streets „d Highways
Code, whereupon the lien of the special tax shall attach as provided in Cal. Sts. & Hy. Code Section 3115.5.
of hP- CalifE)FRia-Streets and HrghWaYS C-A-de. The notice of special tax lien shall be recorded in the office
of the County Recorder in each County in which any portion of the district is located.
3.32.380 Application of California Streets and Highway Code With Respect to Special Taxes —Filings.
Cal. Sts. & Hy. Code
section 3100 et seq. applies with respect to any proceedings undertaken pursuant to this Code. This Code
is a "principal act" as that term is defined in Cal. Sts. & Hv. Code Section 3100 ^f the Calif,,,-„;@ Streets aR
3.32.520 Hearing —Time —Abandonment of Proceeding or Submission of Question to Qualified
Electors —Determination of Legal Effect of Proposed Levy or of Changes in Facilities and Services —
Notice of Changes.
C. Upon adoption of a resolution of change, the Clerk shall record notice of the changes pursuant to Cal.
Sts. & Hy. Code Section 3117.S of the Galifer„ia Streets and Highways C
3.32.530 Dissolution of Special Improvement District —Findings —Dissolution of Liens.
SS2-91
B. That the district has no authorization to levy any special tax. Upon dissolving a district, the City Council
shall cause an addendum to be recorded to the notice of special tax lien recorded pursuant to Cal Sts &
Hy. Code Section 3114.5 ^f the CalifGFRia StFeetS and Hffigh aYS CAPIP which shall state that the special
improvement district and all associated liens, if any, have been dissolved.
3.32.550 Adoption of Resolution of Intention.
If the City Council determines that public convenience and necessity require that territory be added to an
existing special improvement district, or if the voters residing within certain territory or iowners of
land there request the City Council to include territory within the district, the City Council may adopt a
resolution of intention to annex the territory or to provide for future annexation of the territory.
3.32.600 Continuance and Duration of Hearing —Abandonment of Proceedings —Submission of Special
Tax Question to Electors —Annexation of Territory —Effectiveness of Ballots Contingent on Passage of
Other Ballot Measures.
A. The hearing may be continued from time to time, but shall be completed within thirty (30) days,
provided that the City Council may extend that time up to six (6) months if it determines that it is in the
public interest to do so. At the conclusion of the hearing, the City Council may abandon the proceedings,
or may, after passing upon all protests, submit the question of levying a special tax within the area
proposed to be annexed to the existing special improvement district to the qualified electors of the area
proposed to be annexed as specified in Article III of this chapter, or may provide for the annexation of
territory proposed for annexation in the future upon the unanimous approval of the owner or owners of
each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings.
B. Notwithstanding any other provision of law, when the question of levying a special tax within the areas
proposed to be annexed into an existing special improvement district appears on the same ballot as the
question of annexation of the same territory to a school district, the effectiveness of each ballot measure
may be made contingent on the passage of the other ballot measure.
3.32.610 Addition of Territory With Full Legal Effect —Special Tax Levy.
A. After the canvass of returns of any election conducted in accordance with Section 3.32.600, the City
Council shall determine that the area proposed to be annexed is added to and part of the existing
special improvement district with full legal effect, and the City Council may levy any special tax within the
annexed territory, as specified in the resolution of intention to annex adopted pursuant to Section
3.32.550, if two-thirds of the votes cast on the proposition are in favor of levying the special tax.
B. Upon a determination by the City Council that the area proposed to be annexed is added to the existing
special improvement district, the Clerk shall record notice of the annexation pursuant to Cal. Sts. & Hy.
Code Section 3117.5 ^f the ralifA_FR;a StFeets and Highways r �
3.32.630 Ordinance —Tax Rate and Apportionment —Exemption of Governmental Properties and
Entities From Special Tax —Use of Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure Levy of
Special Taxes.
After a special improvement district has been created and authorized to levy specified special taxes
pursuant to Article III, Article IV, or Article V of this chapter, the City Council may, by ordinance, levy the
special taxes at the rate and apportion them in the manner specified in the resolution adopted pursuant
SS2-92
to Article III, Article IV, or Article V of this chapter. The City Council may provide, by resolution, forth e levy
of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the
rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the
special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is
filed by the Clerk or other official designated by the City Council with the County Auditor on or before the
10th day of August of that tax year. The Clerk or other official designated by the City Council may file the
certified list after the 10th of August but not later than the 21st of August if the Clerk or other official
obtains prior written consent of the County Auditor. Properties or entities of the State, federal, or other
local governments shall, except as otherwise provided in Section 3.32.160, be exempt from the special tax.
No other properties or entities are exempt from the special tax unless the properties or entities are
expressly exempted in the resolution of formation to establish a district adopted pursuant to Section
3.32.290 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or
method of apportionment of an existing special tax as provided in Section 3.32.480. The proceeds of any
special tax may only be used to pay, in whole or part, the cost of providing public facilities, services, and
incidental expenses pursuant to this Code. The special tax shall be collected in the same manner as
ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same
procedures, sale, and lien priority in case of delinquency as is provided for ad valorem taxes, unless
another procedure has been authorized in the resolution of formation establishing the district and
adopted by the City Council. The tax collector may collect the special tax at intervals as specified in the
resolution of formation, including intervals different from the intervals at which the ordinary ad valorem
property taxes are collected. The tax collector may deduct the reasonable administrative costs incurred in
collecting the special tax.
All special taxes levied by a special improvement district shall be secured by the lien imposed pursuant to
Cal. Sts. & Hy. Code Section 3115.5 of the G-alif FRia StFeets and High.,-,. redo. This lien shall be a
continuing lien and shall secure each levy of special taxes. The lien of the special tax shall continue in force
and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance
with Section 3.32.690 or until the special tax ceases to be levied by the City Council in the manner provided
in Section 3.32.430. If any portion of a parcel is encumbered by a lien pursuant to this Code, the entirety
of the parcel shall be encumbered by that lien.
3.32.640 Preparation of Current Roll of Special Tax Levy Obligations —Designation of Responsible
Office —Estimation of Future Special Tax Levies —Liability for Inaccurate Estimates —Notice of Special
Tax —Form.
A. The City Council shall designate an office, department, or bureau of the City which shall be responsible
for annually preparing the current roll of special tax levy obligations, by assessor's parcel number, on
nonexempt property within the district and which will be responsible for estimating future special tax
levies.
The designated office, department, or bureau shall establish procedures to promptly respond to inquiries
concerning current and future estimated tax liability. Neither the designated office, department, or
bureau, nor the City Council, shall be liable if any estimate of future tax liability is inaccurate, nor for any
failure of any seller to request a notice of special tax or to provide the notice to a buyer.
B. For purposes of enabling sellers of real property subject to the levy of special taxes to satisfy the notice
requirements of Cal. Civ. Code Section 1102.6a, subdivision (b), of seefien 110' 6 of the Galif Givil
SS2-93
Cb�, the designated office, department, or bureau shall furnish a notice of special tax to any individual
requesting the notice or any owner of property subject to a special tax levied by the City within five IQ
businessg days of receiving a request for such notice. The City may charge a reasonable fee for this
service not to exceed ten dollars ($10.00).
C. 1. The notice shall contain the heading "NOTICE OF SPECIAL TAX" ine no smaller than eight -point
type, and shall be in substantially the following form. The form may be modified as needed to clearly and
accurately consolidate information about the tax structure and other characteristics of two or more
districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit. The notice
shall be completed by the designated office, department, or bureau except for the signatures and date of
signing:
NOTICE OF SPECIAL TAX
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. COUNTY OF ORANGE, CALIFORNIA
TO: THE PROSPECTIVE -PURCHASER OF THE REAL PROPERTY KNOWN AS:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.
This property is subject to a special tax, which is in addition to the regular property taxes and any other
charges and benefit assessments on the parcel. This special tax may not be imposed on all parcels within
the City of Newport Beach. If you fail to pay this tax when due each year, the property may be foreclosed
upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit
the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES AND
SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
2. The maximum special tax which may be levied against this parcel to pay for public facilities is
$ during the - tax year. This amount will increase by percent per
year after that (if applicable). The special tax will be levied each year until all of the authorized facilities
are built and all special tax bonds are repaid, but in any case not after the tax year.
An additional special tax will be used to pay for ongoing services, if applicable. The maximum amount of
this tax is dollars ($ ) during the - tax year. This amount may
increase by Jif applicablel, and may be levied until the - tax year (or
forever, as applicable.)
3. The authorized facilities which are being paid for by the special taxes, and by the money received
from the sale of bonds which are being repaid by the special taxes, are: [identify the facilitiesl
These facilities may not yet have all been constructed or acquired and it is possible that some may never
be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services:
SS2-94
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE
SPECIAL IMPROVEMENT DISTRICT, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS
APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY OF NEWPORT
BEACH BY CALLING (telephone number). THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT
TO EXCEED THE ESTIMATED REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE RECEIVED A COPY OF THIS NOTICE. I (WE) UNDERSTAND THAT I
(WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT AFTER RECEIVING THIS
NOTICE FROM THE OWNER OR AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE TERMINATED
WITHIN THREE DAYS IF THE NOTICE WAS RECEIVED IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS
DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER OR AGENT
SELLING THE PROPERTY.
DATE:
3.32.660 Sale or Lease of Lot, Parcel or Unit of Subdivision —Notice of Special Tax —Form —
Termination of Agreement —Violations and Penalties.
A. If a lot or parcel, or unit of a subdivision is subject to a special tax levied pursuant to this Code, the
subdivider, his or her agent, or representative, shall not sell, or lease for a term exceeding five (5) years,
or permit a prospective purchaser or lessor to sign a contract of purchase or a deposit receipt or any
substantially equivalent document in the event of a lease with respect to the lot, parcel, or unit, or cause
it to be sold or leased for a term exceeding five years, until the prospective purchaser or lessee of the
lot, parcel, or unit has been furnished with and has signed a written notice as provided in this section. The
notice shall contain the heading "NOTICE OF SPECIAL TAX" in4ype no smaller than 8-point type, and shall
be in substantially the following form, although the form may be modified as needed to clearly and
accurately consolidate information about the tax structure and other characteristics of two or more
districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit:
NOTICE OF SPECIAL TAX
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. COUNTY OF ORANGE, CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
[address of aarcel number]
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS
PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU
TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
1. This property is subject to a special tax, which is in addition to the regular property taxes and any
other charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property
because it is a new development, and may not be imposed generally upon property outside of this new
development. If you fail to pay this tax when due each year, the property may be foreclosed upon and
sold. The tax is used to provide public facilities or services that are likely to particularly benefit the
SS2-95
property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES AND SERVICES
FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
2. The maximum special tax which may be levied against this parcel to pay for public facilities is
$ during the - tax year. This amount will increase by percent per
year after that (if applicable). The special tax will be levied each year until all of the authorized facilities
are built and all special tax bonds are repaid, but in any case not after the
tax year.
An additional special tax will be used to pay for ongoing service costs, if applicable. The maximum
amount of this tax is dollars ($ ) during the - tax year. This amount
may increase by , Jif applicable?, and that part may be levied until the - tax
year (or forever, as applicable.)
3. The authorized facilities which are being paid for by the special taxes, and by the money received
from the sale of bonds which are being repaid by the special taxes, are:
These facilities may not yet have all been constructed or acquired and it is possible that some may never
be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services: [identify facilitiesl
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE
SPECIAL IMPROVEMENT DISTRICT, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS
APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY OF NEWPORT
BEACH BY CALLING (telephone number). THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT
TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE
PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE, OR DEPOSIT RECEIPT WITH RESPECT TO THE
ABOVE -REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO
PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR
WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT
TERMINATION TO THE OWNER, SUBDIVIDER OR AGENT SELLING THE PROPERTY.
DATE:
B. "Subdivision," as used in subsection (A), means improved or unimproved land that is divided or
proposed to be divided for the purpose of sale, lease, or financing, whether immediate or future, into two
or more lots, parcels, or units and includes a condominium project, as defined by Cal. Civ. Code Section
1350 65424 the C-a"fe-Mia Civil Cede, a community apartment project, a stock cooperative, and a limited -
equity housing cooperative, as defined in Cal. Bus & Prof. Code Sections 11004, 11003.2, and 11003.4,
respectively, of the Califernia Business and PFefessieps Gede.
3.32.710 Inclusion of Certain Costs and Estimated Costs in Proposed Bonded Indebtedness.
The amount of the proposed bonded indebtedness may include all costs and estimated costs incidental
to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred,
including, but not limited to, the estimated costs of construction or acquisition of buildings, or both;
SS2-96
acquisition of land, rights -of -way, water, sewer, or other capacity or connection fees; satisfaction of
contractual obligations relating to expenses or the advancement of funds for expenses existing at the time
the bonds are issued pursuant to this Code, architectural, engineering, inspection, legal, fiscal, and
financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district
estimated to be due and payable within two years of issuance of the bonds; election costs; and all costs
of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit
ratings, bond insurance premiums, fees for letters of credit, and other credit enhancements costs, and
printing costs.
3.32.720 Notice of Hearing on Resolution.
The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code Sections 6060 and 6061 e#the
Calife-FRia Government Code in a newspaper of general circulation circulated within the district. The notice
shall state:
A. The time and place of the hearing on the proposal to issue debt.
B. That at the hearing the testimony of all interested persons, including all persons; owning property in
the area, for or against the proposed debt issuance, will be heard.
3.32.870 Price of Property Sold.
Property sold hereunder may not be sold for less than the amount of the judgment plus post
judgment interest and authorized costs without the consent of the owners of a majority by value of the
outstanding bonds.
3.32.900 Special Tax or Charge for Outstanding Bonded Debt.
When the City Council provides for the fixing and levying of special taxes and charges for the special
improvement district it shall also provide for the fixing and levying of that amount of special taxes and
charges within the special improvement district which is required for the payment of the principal of and
interest on any outstanding bonded debt of the special improvement district, including any necessary
replenishment or expenditure of bond reserve funds or accumulation of funds for future bond payments,
including any amount required by fF-ederal Law to be rebated to the United States on that bonded debt.
The special tax or charge shall be levied and collected by the same officers and at the same time and in
the same manner that all other special taxes and charges are levied and collected for the special
improvement district or in any other manner specified by the City Council. The special taxes and charges
shall not exceed the authority granted by Article III and Article IV of this chapter. All of the collections for
payment of principal of and interest on bonds shall be paid into the special improvement district bond
fund and reserve or other fund for the particular special improvement district and shall be used solely for
the payment of the principal of and interest on the outstanding bonds of the special improvement district.
3.32.910 Action to Determine Validity of Bonds or Special Tax Levy.
An action to determine the validity of bonds issued pursuant to this Code or the validity of any special
taxes levied pursuant to this Code may be brought pursuant to Cal. Code Civ. Proc. Part 2, Title 10, Chapter
9, {commencing with Section 860,E ^f Title , n f o, * 2 f Vhe G-al;f rnia G-A-dip Af Civol o,-,,,.,,d„re but shall,
notwithstanding the time limits specified in Cal. Code Civ. Proc. Section 860 of the G.,';f9FA4^ Ge-de of G;••;'
Precedure, be commenced within thirty (30) days after the voters approve the issuance of the bonds or
SS2-97
the special tax if the action is brought by an interested person pursuant to Cal. Code Civ. Proc. Section 863
„f the G-alif rp;a CAHP Af Cmwml orAc-t-d- Any appeal from a judgment in that action or proceeding shall
be commenced within thirty (30) days after entry of judgment.
3.32.930 Variable Interest Rate.
The City Council may provide that bonds shall bear a variable interest rate, and for the manner and
intervals in which the rate shall vary. The variable rate shall not exceed the maximum rate permitted by
Cal. Gov. Code Section 53.531 ^f the C-a';f FRia r,,.,,,FRFR,,P+ C-Adt, or any other applicable provision of law
limiting the maximum interest rate on bonds.
SS2-98
Chapter 3.33
ASSESSMENT DISTRICT ALTERNATIVE PROCEDURES
Sections:
3.33.005 Short Title.
3.33.010 Provisions Not Exclusive —Applicability of Laws —Conflicting Provisions.
3.33.020 Definitions.
3.33.030 Declaration of Policy.
3.33.040 Authority and Procedure.
3.33.050 Assessment of Possessory Interests.
3.33.060 Method of Collection —Alternative Methods.
3.33.070 Form of Bonds —Maturities.
3.33.080 Authority to Covenant to Secure Bonds.
3.33.090 Actions or Proceedings to Attack Assessments —Time for Perfection of Appeal.
3.33.190 SeveFabili
3.33.020 Definitions
"Bond Act" means the Improvement Bond Act of 1915 (the 'Bond Act"), ar, ameAded (Cal. Sts. & Hyfeets
and Wigh " Code, Division 10, Part 1, Section 8500 and following).
"Engineer" means the City Engineer or any other person designated by the City Council for the purposes
of this chapter, including any officer, board, or employee of the City or any private person or firm specially
employed by the City as engineer for purposes of this chapter. Notwithstanding the foregoing, the
engineer shall be a registered professional engineer as defined in Cal. Gov. GeVeFRFReRt Code Section
53750(lk).
"Implementation Act" means the Proposition 218 Omnibus Implementation Act, being Article 4.6 of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Cal. Gov. CodeGeveFRFnent Cede A-f�the State A-f Ca"�R
{Section 53750 and following}.
"Possessory interest" means a leasehold interest in tax-exempt real property for a term of thirty-five (35)
years or more (including renewal options). For purposes of this provision, tax-exempt real property means
real property that is owned in fee by the governmental entity including, but not limited to, the federal
government, the State, county or City.
SS2-99
3.33.060 Method of Collection —Alternative Methods.
Unless an alternative method of collection of the assessments has been established as authorized by this
section, the assessments levied pursuant to this chapter shall be collected at the same time and in the
same manner as real property taxes are collected, and all laws providing for the collection and
enforcement of real property taxes shall apply to the collection and enforcement of the assessments. The
City Council in its discretion may, by resolution, establish an alternative method of collection of the
assessments. Notwithstanding the foregoing, assessments levied pursuant to this chapter for which bonds
are to be issued may be paid within thirty (30) days from the date of recording the assessment in the Office
of the S peFiRteRdeRt ^{ -Street-sPublic Works Director.
3.33.080 Authority to Covenant to Secure Bonds.
A. Whenever bonds are to be sold and delivered under this chapter with respect to an assessment district,
the City Council may, by resolution adopted prior to the sale and delivery of bonds, take any action the
City Council deems appropriate to secure the timely payment of the principal of and interest on the bonds,
including any one or more of the following:
1. Covenant for the benefit of bondholders that the City shall not terminate any possessory
interest subject to an assessment for which the bonds were sold; or
2. Notwithstanding Section 8769 of the Bond Act, covenant for the benefit of bondholders to
pay all or any portion of the principal of and interest on the bonds necessary because of
delinquencies in the payment of one or more assessment installments or the inability to collect
one or more assessment installments.
B. When any amounts are paid by the City for the payment of the principal of and interest on bonds as
a result of delinquent assessments, the delinquent assessments shall remain a charge against the property
that was subject to the delinquent assessments.
In the eve.nt any pertien ef this chapter Shall be declared illegal, unenfe-Feea-ble er uneenstitut4eRal, SuGh
SS2-100
Chapter 3.34
MARINE CHARTER PASSENGER TAX
Sections:
3.34.010 Definitions.
3.34.020 Tax Imposed.
3.34.025 Exemptions.
3.34.030 Liability for Tax.
3.34.040 Registration.
3.34.050 Collection of Tax by Operator —Receipt to Passenger —Rules for Collection.
3.34.060 Reporting and Remitting.
3.34.070 Failure to Collect and Report —Determination by Revenue Manager.
3.34.080 Penalties and Interest.
3.34.090 Appeals.
3.34.100 Tax Deemed a Debt.
3.34.110 Records.
3.34.120 Violation by Operator a Misdemeanor.
3.34.13A ceyeFabiii+.,
3.34.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases
used in this chapter are defined as follows:
A. "Charter" or "chartered" shall mean any contract arrangement, agreement or lease pursuant to which
consideration is paid to the owner or operator of a vessel for the right to use, or the right of carriage on,
any vessel which will operate, at least in part, on the waters of Newport Harbor provided, however, the
term "charter" shall not include those activities which are exempt from the permit requirements of
Chapter 17.10.
BA. "Charter fee" shall mean, with respect to charter vessels serving the public on a ticketed passenger
basis, the total cost, without deductions, required for passage on the vessel. With respect to all other
charters, charter fee shall be the total consideration paid to the owner, operator, and all persons providing
any supplies, entertainment, dock fees or on -board service in connection with the charter.
46U.S. Cede, with seven eF Fnere passengers n be r J
SS2-101
C. "GhakeF" eF "chartered" shall mean any centract arrangement, agreement or lease pursuant te whiel:v
C-Ansideratien is paid te theAwppr ArepeFateF ef a �Prrpl fAr thp Fight te use, er the Fight ef earriage en,
any vessel which will epeFate, at least in part, eR the ;.vate-FS; of Newpert HaFber previded, hewever-, the
Cs. "Chartered vessel" shall mean any passenger vessel or small vessel as defined by U.S. Code Title 46
Section 2101 of Title 46, U.S. Cede, with six eF meFe passengers ^ heard and- ,•,hich has been ehar+.,red
D€. "Cemmereial h;rb^r ^fi,A*� Marine 4a44�activities permittee" shall mean any charter business
authorized to conduct marine charters pursuant to Chapter 17.10.
EF. "Operator" shall mean any person who, on behalf of, or pursuant to agreement with the owner,
arranges for the charter of any vessel or the issuance of any marine eharter activities permit.
F. H-._"Owner" shall mean any person who owns any chartered vessel *h.a* ". eh-Ar*^r^�'
G.4-. "Passenger" shall mean every natural person carried on any chartered vessel that h-as h^^^ rb^r*^r^^'
other than the owner, and any employee, agent, representative, or subcontractor of the owner or operator
who has not paid consideration for carriage and who is paid consideration for on -board services.
K. „Pre�'p.A.He�MarrRager„ Shall r,-, R the D,,.,eR a M-,r.- geF .,f the City.
u rot "
"CeRsumer Prece index"
(CPI) shall mp-aR the United States Department ef Laber-, BLA,reau ef 1--a-bef
StatiSt}ESE6n or. Ir a Les AR I^ n h.,im—Q*,,,,r,;*d_ (1992 Qn-194 I
$�irnci-r�TEe�rra�ir- g2Tc5 — rcrivricTrrr—mvcr�ra ��x aor-vT-ivo��
H.N. "Out of town vessel" shall mean any vessel which, for property tax purposes, has a situs outside
Newport Beach.
Is. "Sport fishing vessel" shall mean a documented vessel carrying or transporting seven ^r mere -people
for hire for commercial passenger fishing purposes which holds a certificate of inspection from the United
States Coast Guard and a commercial fishing boat license from the California Department of Fish and
Game.
A. "Ticket Price" shall mean either the product of the charter fee divided by the number of passengers,
or the actual ticket price imposed per passenger, whichever is greater.
K. "Vessel" shall mean a oassenger vessel or small oassenger vessel as defined by U.S. Code Title 46
SBrfinn 2101 _
SS2-102
3.34.020 Tax Imposed.
A. There is hereby imposed a tax upon every passenger of each chartered vessel. The tax shall be the
obligation of, and paid by, the passenger to the owner or operator, and shall be stated as a separate charge
on agreements for charters. The amount of the tax shall be:
1. Fifty cents ($0.50) for ticket prices between twenty-six dollars ($26.00) and fifty dollars
($50.00);
2. One dollar ($1.00) for ticket prices greater than fifty dollars ($50.00); and
OB. Starting July 1, 1996, the ticket price on which the tax is imposed along with the tax and surcharge
shall be automatically adjusted each July 1, to reflect the percentage, rounded to the nearest quarter, in
the cost of doing business, as measured by the C-P-I.;
Jim
3.34.030 Liability for Tax.
In addition to the passenger of a vessel chartered for consideration, the operator or owner shall be liable
for the tax imposed pursuant to this chapter in the event of any failure to collect the tax from the passenger
e-F-and to remit the tax to the City as provided in this chapter. Liability of the passenger shall not be
extinguished until the tax has been paid to the City or the passenger presents the City a receipt from the
operator or owner which evidences payment of the tax.
3.34.040 Registration.
A. No person shall conduct any Marine charter for which a marine activities permit is required pursuant
to the provisions of Chapter 17.105.4-9 of this Code without first applying for, and receiving, a certificate
of registration pursuant to the provisions of this chapter.
B. Every owner or operator who applies for a rnArenp rhArter perm +marine activities permit pursuant to
Chapter 17.10549 of this Code shall apply for, and obtain, a certificate of registration from the Revenue
Manager. The owner or operator shall apply for the certificate of registration on forms provided by the
City. The Revenue Manager shall issue a certificate of registration upon completion, execution and
submittal of the form. The owner or operator shall comply with all standard conditions specified on the
registration form or certificate of registration;
SS2-103
C. Every commercial haFI9eFinarine activitiesy permittee shall register with the Revenue Manager within
fifteen (15) days afteroft h^ ^ff^^tive dat^ ^{thee ^rdii^a^^^ ^^P1i4ied in this eha^t^F commencing operations
in the City. The certificate of registration shall be issued upon completion, execution and submittal of the
form provided by the City. The marine h;;Ph^r activitiesy permittee shall comply with all
standard conditions on the certificate of registration.
3.34.060 Reporting and Remitting.
A. Each commereffial marine harhAr activitiesy permittee, owner or operator shall, on or before the last
day of the month following the close of the reporting period, as established by the Finance Director, file a
return with the Revenue Manager on forms provided by the City, listing the total number of passengers
carried during the reporting period and the total tax collected by the permittee. The full amount of the tax
collected shall be remitted to the Revenue Manager at the time the return is filed. Returns and tax
payments shall be due immediately upon cessation of business for any reason. All taxes collected by
permittees shall be held in trust for the account of the City until payment thereof is made to the Revenue
Manager.
B. Each owner or operator conducting charters pursuant to Chapter 54-917.10 of this Code shall pay the
tax upon obtaining the marine eharteFactivities permit. No marine ehaFter activities permit required by
Chapter 54917.10 of this Code shall be issued until the required marine charter tax has been paid.
3.34.070 Failure to Collect and Report —Determination by Revenue Manager.
A. If any owner or operator shall fail to collect all or a portion of the tax due pursuant to this chapter or
shall fail to make, within the time provided in this chapter, any report and remittance of such tax, or any
portion thereof, required by the provisions of this chapter, the Revenue Manager shall proceed in such
manner as he/she may deem best to obtain the facts and information on which to base his/her estimate
of the tax due. As soon as the Revenue Manager shall procure such facts and information as he/she is able
to obtain upon which to base the assessment of any such tax imposed by the provisions of this chapter
and payable by any owner or operator who has failed or refused to collect the same and to make such
report and remittance, the Revenue Manager shall proceed to determine and assess against such owner
or operator the tax, interest, and penalties provided for by the provisions of this chapter. The Revenue
Manager shall give notice of the amount so assessed by serving it ^^rS^^ally er by depeSitiRg it OR the
United States mail, pestage pFepaid, addressed te the ev.4ne-F eF epeFateF at his WewR plaee 9
addressin the manner provided in Section 1.08.080.
B. Such owner or operator may, within ten days after the service or mailing of such notice, make an
application in writing to the Revenue Manager for a hearing on the amount assessed. If an application by
the owner or operator for a hearing is not made within the time prescribed, the tax, interest, and penalties,
if any, determined by the Revenue Manager shall become final and conclusive and immediately due and
payable. If such a request for hearing is made, the Revenue Manager shall give not less than five tadays'
written notice in the manner prescribed in this section to the owner or operator to show cause at a time
and place fixed in such notice why the amount specified herein should not be fixed for such tax, interest,
and penalties. At such hearing the owner or operator may appear and offer evidence why the tax, interest,
and penalties should not be so fixed. After the hearing the Revenue Manager shall determine the proper
tax, interest and penalty due, and shall thereafter give written notice to the owner or operator in the
SS2-104
manner prescribed in this section. The amount determined to be due shall be payable after fifteen (15)
days unless an appeal is filed pursuant to Section 3.34.090 of this chapter.
3.34.080 Penalties and Interest.
A. Original Delinquency. Any owner or operator who fails to collect, report and remit any tax imposed by
the provisions of this chapter within the time required shall pay a penalty in the amount often 10 percent
of the tax in addition to the amount of the tax.
B. Continued Delinquency. Any owner or operator who fails to collect and remit any tax and remit any
penalty on or before a period of thirty (30) days following the date on which the remittance first became
delinquent shall pay a second penalty in the amount of ten 10 percent of the tax in addition to the
amount of the tax and the ten 10 percent penalty first imposed.
C. Interest. In addition to the penalties imposed, any owner or operator who fails to collect and remit
any tax imposed by the provisions of this chapter shall pay interest at the rate of one and one-half 1 1 2
percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on
which the remittance first became delinquent until paid.
D. Penalties and Interest Merged With Tax. Every penalty imposed, and such interest as accrues, pursuant
to the provisions of this section shall become a part of the tax required to be paid by the provisions of this
chapter except such merger shall not affect the liability of an operator to pay tax it has failed to collect and
remit.
3.34.090 Appeals.
Any ep rson aggrieved by any decision of the Revenue Manager with respect to the
amount ofs tax, interest, penalties, assessed against the person, 4++y, may appeal to the City Manager
by filing a notice of appeal within fifteen (15) days after the service or mailing of the determination of the
tax, penalties and interest due. The City Manager of the City of "'ewpeFt BeaGh may preside over the
appeal or, in the alternative, the City Manager may appoint a Hearing Officer to conduct the hearing,
receive relevant evidence and submit findings and recommendations to the City Manager findings
w,eR dafiens. The City Manager shall render a i, decision within fifteen (15) days of receiving
the findings and recommendations of the Hearing Officer. The findings of the City Manager shall be final
and conclusive as to the City and shall be served upon the appellant in the manner prescribed in this
chapter for the service of a notice of hearing. Any amount found to be due shall be immediately due and
payable to the City upon the service of notice. The City Manager's decision is subject to judicial review
pursuant to Cal. Code of Civ. Proc. section 1094.5.
3.34.100 Tax Deemed a Debt.
The amount of any tax, e+ penalty, or interest imposed by this chapter shall be deemed a debt due to the
City by the persons required hereby to collect or to pay the same.
SS2-105
if this
feF be invalid,
any seetion, subsectien, sentenee, clause er phFase ef ehapteF
hGldiRg eF h9ldiRgS A tht-9 Validity ef the FeMaiRiRg
shall any Feasen sue4
A-f. *-.h..*S chapter, The City CeHRGOI
Shall
-At -RffP-C--*
SS2-106
Chapter 3.36
COST RECOVERY FOR USER SERVICES
Sections:
3.36.010
Findings.
3.36.020
Definitions.
3.36.030
Cost Recovery Percentages.
3.36.040
S0-
Late Fees and Charges.
c,,.,,,rabiii+.,
3.36.010 Findings.
E. The City Council has fully complied with provisions of State and local law in establishing the cost
recovery percentages specified in this chapter, including, Cal. Gov. Code Section 66000 et seq.efthe
r_.,.,.,,-n. ent Gode, and Articles XIIIC and X11113 of the State Constitution.
3.36.030 Cost Recovery Percentages.
A. The municipal functions the City Council has determined to be user services and for which the City
Council has initially determined the actual costs and the appropriate cost recovery percentage are
described in the fee resolution. The cost recovery percentage appropriate for each user service shall be
one hundred (100) percent with the exception of the user services listed in Exhibit "A" and those services
for which the fee is limited by statute. The City Council may include in the fee resolution a schedule to
phase in specific fee increases over a period not to exceed fivee&F (5) years.
2 36 ACA C.,...,.--. L.ili+..
ef this chapter, The Caty C-n-1-mr--ml decla.re-r that it vie-Uld have passed the erdinance ce-d-ified in this chapter
-A.n.d each Sectien, subsectien, clause er phrase hereef, irrespective ef. the fact that any ene or mere
if any seGtien, subsectien, sentence, clause er phrase ef this chapter as fer any reasen held- te -he imvaled- A-F
elayses and phrase-,; -he deelared-
SS2-107
Title 5
BUSINESS LICENSES AND REGULATIONS*
Chapters:
5.04 General Provisions
5.08 License Fee Categories
5.11 Special Regulations
5.12 Vehicles for Hire
5.14 Ambulance Regulations
5.15 Regulation of Newport Beach Police Official Tow Services
5.17 Taxicabs
5.20 Pawnbrokers, Secondhand Dealers and Junk Dealers
5.25 Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in
Combination with Late Hours, Entertainment, and/or Dance
5.28 Live Entertainment Establishments
5.32 Cafe Dances
5.36 Hotel Registration
5.42 Solicitation
5.43 State Video Franchises
5.44 Cable Communications Franchises
5.46 Regulation of Commercial Film Production
5.48 Direct Tc Alarm Monitoring System
5.49 Burglary —Robbery Alarm Systems
5.50 Massage Establishments
5.60 Paramedic Service User Fees
5.70 Newspaper Racks and Stands
5.80 Retail Sale of Firearms
5.90 Escort Service
5.95 Short Term Lodging Permit
5.96 Adult Oriented Business
5.97 Sidewalk Vending Program
SS2-108
* Enforcement of regulations by Finance Director —See Chapter 2.12.
Soliciting business in prohibited manner —See Chapter 5.42.
Sale of electrical appliances which interfere with radio reception —Chapter 10.40.
Registration of rented or sold bicycles —See Chapter 12.56.
SS2-109
Chapter 5.04
BUSINESS LICENSES AND REGULATIONS
5.04.010 Definitions.
D€. "Gross receipts" shall mean the total amounts actually received or receivable from sales and the
total amounts actually received or receivable for the performance of any act or service, of whatever nature
it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a
part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross
receipts" shall be all receipts, cash, credits, and property of any kind or nature without any deduction
therefrom on account of the cost of the property sold, the cost of materials used, labor or service cost,
interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be
the following:
1. Cash discounts allowed or taken on sales.
2. Credit allowed on property accepted as part of the purchase price and which property may
later be sold, at which time the sales price shall be included as "gross receipts."
3. Any tax required by law to be included in or added to the purchase price and collected from
the consumer or purchaser.
4. Such part of the sale price of property returned by purchasers upon rescission of a contract of
sale as is refunded either in cash or by credit.
5. Receipts of refundable deposits, except that such deposits when forfeited and taken into
income of the business shall not be excluded.
6. Amounts collected for others where the business is acting as an agent or trustee to the extent
that such amounts are paid to those for whom collected, provided the agent or trustee has
furnished the Finance Director with the names and addresses of the others and the amounts paid
to them. This exclusion shall not apply to any fees, percentages, or other payments retained by
the agent or trustee.
7. Cash value of sales, trades or transactions between departments or units of the same business.
8. Transactions between a partnership and its partners.
9. Receipts from services or sales in transactions between affiliated corporations. An affiliated
corporation is a corporation:
a. Devoting a nonvoting stock of which is owned at least eighty (80) percent by such
other corporation with which such transaction is had; or
b. Which owns at least eighty (80) percent of the voting and nonvoting stock of such
other corporation; or
SS2-110
c. At least eighty (80) percent of the voting and nonvoting stock of which is owned by a
common parent corporation which also has such ownership of the corporation with which
transaction is had.
10. Receipts from investments where the holder of the investment receives only interest and/or
dividends.
11. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures,
machinery or other equipment used by the licensee in the regular course of the licensee's
business.
E. "Operate" shall mean and include manage, control or carry on.
trusts,G. "PeFse.p" Shall Mean -and inclualp ;;II dAmp,#U and feFeign eeFpeFatiens, ass9eiatiens, syndmeates, jaint
•
#F. "Rental unit" shall mean and include all residential units except one which is the part-time or full-
time residence of the owner, and no part thereof is offered or available for rent at any time during the
license year.
G4. "Sale" shall include the transfer, in any manner or by any means whatsoever, of title to property for
a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction
whereby the possession of property is transferred and the seller retains the title as security for the
payment of the price shall likewise be deemed a sale. The foregoing definition shall not be deemed to
exclude any transaction which is or which, in effect, results in a sale within the contemplation of law.
Hd. "Sworn statement" shall mean an affidavit sworn to before a person authorized to take oaths, or a
declaration or certification made under penalty of perjury.
5.04.060 Exemptions —Exempt by Federal or State Law.
Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on
any business exempt by virtue of the Constitution or applicable statutes of the United States or of the
State of California from the payment of such taxes as are herein prescribed.
Any person claiming an exemption pursuant to this section shall file a sworn statement with the Finance
Director stating the facts upon which exemptions are claimed, and in the absence of such statement
substantiating the claim, such person shall be liable for the payment of the taxes imposed by this title.
The Finance Director shall, upon a proper showing contained in the sworn statement, issue a license to
such person claiming exemption under this section without payment to the City of the license tax required
by this title.
The Finance Director, after giving notice and a reasonable opportunity for hearing to a licensee, may
revoke any license granted pursuant to the provisions of this section upon information that the licensee is
not entitled to the exemption as provided herein. The Finance Director's determination shall be final as
to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
SS2-111
5.04.090 Minor's Exemptions.
Any person defined as a FmnineF pursuant to Internal Revenue Service regulatiensunder eighteen years of
age, whose annual gross receipts from any business done within the City are within the earned income
threshold pursuant to Internal Revenue Service regulations, shall be exempt from the requirements of this
chapter.
Within thirty (30) days of a request by the Finance Director, any person claiming an exemption pursuant
to this section shall submit to the Finance Director documents requested by the Finance Director that
show the person is a minor and that the annual gross receipts from any business done within the City are
within the earned income threshold set forth in the Internal Revenue Service regulations. If the Finance
Director determines additional evidence is necessary, the Finance Director shall notify the person seeking
the exemption of the date and time of a hearing regarding the exemption. After the hearing, the Finance
Director shall make a determination as to whether the exemption applies, and that determination shall be
final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.100 Exemption for Artists and Art Exhibits.
A business license shall not be required of individual artists for the exhibition or display of paintings,
sculpture, photographs, handmade jewelry or other fine arts. Any artist shall be exempt from the
requirements of this title if the sales of his or her artwork within the City do not result in annual gross
receipts in excess of twee four thousand nineeight hundred dollars ($43,9900.00), automatically adjusted
annually to reflect the percentage change in the cost of doing business as measured by the Consumer
Price Index and rounded to the nearest dollar.
Within thirty (30) days of a request by the Finance Director, any person claiming an exemption pursuant
to this section shall submit to the Finance Director documents requested by the Finance Director that
show the person's annual gross receipts from any business done within the City are less than the amount
to qualify for the exemption. If the Finance Director determines additional evidence is necessary, the
Finance Director shall notify the person seeking the exemption of the date and time of a hearing regarding
the exemption. After the hearing, the Finance Director shall make a determination as to whether the
exemption applies, and that determination shall be final as to the City but subject to judicial review
pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.190 Error in Terms Voids License.
The payment of any license tax required by this title, its acceptance by the City, and the issuance of such
license to any person shall not entitle the holder to carry on any business called for by the license unless
the person#e has complied with all requirements of this Code, or to carry on any business at any location
that is illegal under State or federal law or contrary to the City's zoning regulations.
5.04.290 Enforcement —Right of Entry.
B. Right of Entry. The Finance Director and each ;and- "'" ^{ his designees and any police officer or City
employee whose job includes the inspection of the business license shall have the power and authority to
enter, free of charge, and during regular business hours, any place of business required to be licensed and
demand an exhibition of its license certificate. No ARy person having such license certificate *"^�*^{^,t
SS2-112
issued in his possession or under his control shall,v-he willfully fails to exhibit the same on demand,
5.04.330 Appeal.
Any person aggrieved by any decision of the Finance Director with respect to the issuance or refusal to
issue such license may appeal to the City Manager by filing a notice of appeal with the City Clerk. The City
Manager shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to
such person of the time and place of thefe-p hearing by serving the notice in the manner provided in Section
1.08.080.
pFepaid, .,drew^,- to sueh persen at "iS ^r "^r 1;;j# kpAwp .,d,Jr^«. The City Manager shall have authority
to determine all questions raised on such appeal. No such determination shall conflict with any substantive
provision of this chapter.
SS2-113
Chapter 5.08
LICENSE FEE CATEGORIES
5.08.005 Business Tax Definitions.
5.08.010 Business Tax —Out of Town Based Businesses.
Every out of town based business as defined by this chapter shall pay an annual business license tax as
established by resolution of the City Council. The business license tax shall automatically be adjusted each
year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business
as measured by the Csonsumer P-price Index.
5.08.020 Business Tax —Residentially Based Businesses.
Every residentially based business as defined by this chapter shall pay an annual business tax as established
by resolution of the City Council. The business license tax shall automatically be adjusted each year in July
to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured
by the Csonsumer Pprice Index.
5.08.022 Business Tax —Commercially Based Businesses.
Every commercially based business as defined by this chapter shall pay an annual business tax as
established by resolution of the City Council. The business license tax shall automatically be adjusted each
year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business
as measured by the Csonsumer P-price Index.
SS2-114
Chapter 5.11
SPECIAL REGULATIONS
Sections:
5.11.010 Signs on Watercraft.
5.11.030 Selling Food Products on the Streets Prohibited.
5.11.040 Sale of Food Products on Public Beaches Prohibited.
5.11.070 Exception.
SS2-115
41. If the business desires the then the
ewner permanent status ef geRerater-, applicant
shall ebtain a
P„-ce
i-n-- rvdcrT
.dH FiRg the IiGeRSiRg P
be . rated eRly d6lFiR , - pewer utag
Il�ctr�.-t Dnm4
If the Cemmunity DevelepMeRt DiFecter detePMORes that the
levels fAr
-9. geRerater exceeds acceptable
SS2-116
Chapter 5.12
VEHICLES FOR HIRE*
Sections:
5.12.010 Definitions.
5.12.015 Pedicab.
5.12.020 Certificate Required.
5.12.030 Application for Certificate.
5.12.040 Investigation.
5.12.050 Issuance of Certificates.
5.12.060 Grounds for Denial of Application.
5.12.070 Leability Insurance.
5.12.080 6mfar Revocation. Denial and Anneal.
SS2-117
5.12.010 Definitions.
For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance
with the following definitions, unless it is apparent from the context that a different meaning is intended.
Certificate. The term "certificate" means a certificate of public convenience and necessity issued pursuant
to this chapter.
Pedicab. The term "pedicab" shall have the same meaning as Cal. Veh. Code Section 467.5..M. , deviupen whieh a persen may Fide, eF pFepelled exclusively by human pewer thFE)Ugh a belt, ehain E)F ^^
,
and having twe E)F FnE)Fe wheels, designed te eaFFy ene er mere passengers fer -;; fare.
passengeFs f^r a far^
Public Transportation Vehicle. The term "public transportation vehicle" means a motor -propelled vehicle,
not otherwise defined in this section, used in the business of transporting passengers over the streets of
the City for hire,, whether OF REA the E)PeF,+;^ r ^.,r.,r..J h.,„^r d which operates exclusively within the
boundaries of the City.
Sight -Seeing Automobile. The term "sight-seeing automobile" means a motor -propelled vehicle used for
the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or
exhibiting lands, houses, property for other things or objects when a fee is charged or compensation is
obtained from passengers or elsewhere.
Vehicle for Hire. The term "vehicle for hire" means a public transportation vehicle or sight-seeing
automobile.
5.12.015 Pedicab.
No person shall operate or engage in the business of operating a Pedicab within the City. This section
shall not apply to pedicabs authorized to operate in conjunction with a special event for which a special
event permit has been issued pursuant to Chapter 11.03.
5.12.020 Certificate Required.
No person shall solicit or pick up passengers in the City, or engage in the business of operating any vehicle
for hire defined- in Sectie^ 120 ^ within the City, without having first obtained a separate certificate of
public convenience and necessity for each such business, as required by this ch^^+^r_h^weve ,
that-Noo such certificate issued by the City shall be required for any operations for which a certificate of
public convenience and necessity is needed and has been granted by the Public Utilities Commission of
the State not California.�
025 P 5.12ed,�••
T���Permit — Tri-al Period-.
with a speei.al event felrvihieh a speeial event peFmit h.;;--; beep issued pursuaRt W GhapteF !I.
apply te the eperatien of a pedicab business vVithin the City; previded, hewever-, prier te thp iss, -ance ef-a
SS2-118
-- - -
-- - - -
-- -- --- --
------ - - - --- - -- -- -
- --- --- - ---
- -- -- - -- -
--- - -- - •- -
- -- MINIM- - -• -- - - -
5.12.030 Application for Certificate.
An application for a certificate shall be filed with the Director of Finance upon forms provided by the City.
The application must be signed by the applicant and be accompanied by a fee as established by resolution
of the City Council, and shall contain or be accompanied by the following information:
A. The name and address of the applicant, and, if the same be a corporation, the names of its principal
officers, or, if the same be a partnership, association or fictitious company, the names of the partners or
persons comprising the association or company, with the address of each.
B. A complete schedule of the rates proposed to be charged for each type of vehicle.
C. A description of every vehicle which the applicant proposes to use, including trade name, motor or
serial number, State license number and body style.
D. The location of the business and the place where the applicant proposes to keep such vehicles
described in this chapter while not actually engaged.
E. The distinct color scheme, name, monogram and insignia which shall be used on each vehicle.
F. The name of the legal and registered owner of each such vehicle.
G. The experience of the applicant in the business or businesses for which the person4e is seeking a
certificate or certificates.
H. Any facts which the applicant believes would tend to prove the public convenience and necessity
requiring the granting of a certificate.
I. Such further information as the Director of Finance may require.
SS2-119
5.12.040 Investigation.
Upon receipt of a completed application for a certificate, the City Manager shall, upon determining the
application to be in order, refer the matter to the Chief of Police for investigation. In the course of the
investigation, the Chief of Police shall inspect the vehicles and equipment and may require the appli �^*
The Chief of Police shall
complete his investigation within thirty (30) days, unless prevented from doing so by lack of cooperation
of the applicant or other person named in the application, and shall report his findings to the City Manager
regarding the qualifications of the applicant and other persons named in the application and the adequacy
and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes and light.
5.12.060 Grounds for Denial of Application.
If the City Manager finds any of the following conditions4e exist, he Ar she the City Manager shall deny
the application:
A. That the application is not in the form and does not contain the information required to be contained
therein by this chapter.
B. That the equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the
purposes for which they are to be used.
C. That the color scheme, name, monogram or insignia to be used upon such vehicles or in the business
resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in
the same business in the City and therefore may tend to deceive or defraud the public.
D. That the applicant has within the past twos years had an application for such a certificate denied
for cause.
E. That there is a sufficient number of vehicles of the type described in the application operating in the
City to fully serve the public, that the granting of more certificates would unduly congest the traffic and
interfere with the free use of public rights -of -way by the public, or that the best interests of the public do
not demand and necessity does not require the issuance of such permit.
SS2-120
5.12.070 Liability- Insurance.
Every person subject to this chapter shall procure and maintain insurance, which types and amounts shall
be determined by the Risk Manager.
5.12.080 6rs #er Revocation, Denial and Appeal.
A. Grounds for Revocation. Any certificate E)F peFmitgranted under the provisions of this chapter may
be revoked by the City Manager, either as a vihele ^ s *^ ^hie'^ described *herein eF as
to the right to use distinctive c^'^r, menegram OF ORSOgRia, for any of the following reasons:
1A. That the document required by Section 5.12.070 has not been filed or has been withdrawn
or lapsed or is not in force for any reason.
2-B. For the nonpayment of any City business license ^r ether f^^5; ^reyided by this toe
3C. For the breach of any rules, regulations or conditions set out in this Code or the certificate.
4s. For the violation of any of the laws of the State of California or the City with respect to the
operation of the business by any certificate holder, or repeated violations by operators or drivers
of any vehicle covered by such certificate.
€5. For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle
in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring,
monogram or insignia described in the application, or for deviation from the schedule or rates and
fares set forth in the application.
health,
Reces
amity . geResal welfare fer the certifleat 9 ., O* to h^t;^''PH
in any such case, the certificate er pernnit helde-F Shall have the right te appeal te the City Ceuncil er a
.m.e.m.-he-F A-f the Gity GE)URG61 may call an ite.m. fA-.r review OR a time andd imiapppeir set fleirth in this seetien.
B. Notice. When the City Manager concludes that the grounds for revocation of a certificate or
peFFn+texists, the City Manager shall serve the certificate holder.^r r,^r.,.,it holder either peFSE)Rally OF h.,
in the manner provided
in Section 1.08.080, with a notice of revocation of the certificate+t. The notice shall state the
reasons for the revocation, the effective date of revocation if no appeal is filed by the certificate E)F peFroit
holder, and the right of the certificate or permit holder to appeal to the City Council a+4d-the decision to
revoke the certificate it.
C. Appeal and Call for Review. If ao a"certificate holder is aggrieved by any action of the City
Manager in revoking any certificate OF peff,it Und-J^r this .h,r *^ ; such certificate holderapp4eant may
SS2-121
appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting
forth the facts and circumstances regarding the action of the City Manager. A member of the City Council,
in their official capacity, may call for review any action of the City Manager under this chapter for the
purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with
the City Clerk on a form provided by the City Clerk. The City Clerk shall notify the applicant in writing of
the time and place set for the hearing of the An his Ar herappeal or a call for review.
The right to appeal to the City Council or file a call for review from the revocation of any G^F*ifleate eY
peFFRit FequiFed by thus Ghapt^r shall terminate upon the expiration of fifteen (15) days fellGWiRg the
genesit of a ert;f ed l,,,+ r ;n the ''A;t ,l Stat.,.- o,,.-+ r,ff GI_Q _AdViSiRg the plieof service of the notice
of revocation of the certificate as provided in subsection (B)^f the aefi,,,, of the City nn.,,,.,geF and f hi.- r
her right to appeal s Gh a�+iGn W the City GG 1RGOI
The City Council of the r;t„ of nl,,,. paFt Beach may preside over the revocation hearing or, in the
alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to
the City Council findings and recommendations to be considered by the City Council of the City of "'^,•,peFt
Beach. The City Council shall preside over call for review hearings. The City Council of the Git„ of Newport
Reap#shall render its decision within forty-five (45) days from the date of the hearing or, in the event that
a hearing officer has been appointed, within forty-five (45) days on which the City Council receives the
findings and recommendations of the hearing officer. The decision of the City Council shall be final as to
the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.12.090 Changes of Operat;er.
decrease the R-Urn-hp-F ef vehicles used, applicatien to the City M@Rager shall be made fer permissieR W de
SE), and the Gity MaRageF shall gFaRt SUGh peFmisq_iA_.P Of the GAY MaRager deems the public iRterest,
eeRveRmenee _A.nd necessity will be served by the change, and if the eertifir_-ate helder has complied with @4
the. Afthk chapter
vihich the City MaRager dees net per.m.it shall bee refunddedd. Nee refund ef the ann, al vehide fees paid shall
be made vihen the City Manager grants permissien te rP_cd,_,r_-e the ef vehicles.
C 1'- 0-0 Rates F Chargec
th.;in t@wir_-_;;_hs -;h-;;Il file -A prepesed sched-i-de ef. Fate-S ;Afith the City Clerk. The sr_-hP_d_,_,IP_ ef rates shall be
sub.m.i.4ed te the City CE)URGOI f9F approval and Re- change shall be made in any Fates appFaved by the Gity
G-A-1-incil �.Aiitheut PFieF appFaval by the Gity Council. Ne peFSE)R shall ehaFge rate-S, ethe.r than these se
approved. Ne heariRg is Recessary fer the appreval A-f thp-,-;P- rates, er changes the. _i...
SS2-122
paid for by
C 17 10A Wgh+
No
a passenger,
of HOW Vehicle Use by Passenger,
Vehicle described OR this
operator
vehicle
OF GWReF of any chapter shall solicit or carry any additional passenger
has been We iR by Without the the
after such
Arst
engaged, or use a passenger; CGIRsek of passenger
the having first been A
engaging
have the
same obtained. passenger or passengers engaging such vehicle shall
Pight to AN the the Whole theFeef-,
exclusive
9 he de?as
C 17 71A A.J..-.me
Ne
and WRimpaked use of passenger eeMpaPtmeRt and
+he
Vehirle 1 for Fee Payment Required
vehicle dewribed iR this without license fee required
peFSeR
by the My
5.1
No driver
shall operate any chapter prepaying any
for the +rar.SaCAGIR of any
Of Pa& a %xero
descr*bed in this bave the his to
of
sekdt pas-sengeFs
C 12 230 Driver's;
A. App'iC@tieR.
a vehicle chapter shall side of vehicle solicit passengers or
On a louder teRe of vele than that used OR ordinary eORVeFS
Permit.
No drive described in this in the
first
person shall or operate any vehicle Chapter city without
iR to do from the Chief Poke, toy de,kring to Main
obtaining
driver's
a permit writing so of person such
therefor to the Chief PeliGe by fee
permit
established
shall make a wFitteR application of aGGE)MpaRied a as
by the City Council. No permit shall be issued to any person under the age of eighte-e4-(1-8�
SS5123
.. .... . . . .. .. . .. ... . .... ..
.. . . . . .. . . .. .. . ...
7 Milm millm
..
♦
'71 r"M
. ...... . .... . .. .. . 70--
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♦. \ ■.... .......... . .......
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............ ........ ..
SS2-124
. ...... . .... . .. .. . 70--
. im"'i, ... . ... .. .. .. ..
♦. \ ■.... .......... . .......
. . ... .. .. . .. . . ... . . . ... . .. . .
............ ........ ..
SS2-124
Chapter 5.14
AMBULANCE REGULATIONS
Sections:
5.14.010 Intent aR d o-.rnese.
5.14.0120 Definitions.
5.14.0220 Emergency Ambulance Transportation Services) icense Require,
5.14.040 ErneFgeney Aw-b-i-d nee Tr. nspertat-ien Service ore.,i.der�
5.14.(360 gFee entc_
%.14.070 T^rw unatiAn OF Suspensien of AgFeemePA
5.14.0RQ n-.;iness Iicense Requ*Fed_
5.14.0301-N Nonemergency Ambulance Transportation ServicesProviders.
5.14.110 nermot For Dri.,err, -,n.r Atter..J-,nt;
5.14.120 We Renen with Police
5.14.120 D.14.1ir "Ability Ir.rUrance
5.14.140 ` �:a�nT
C '1/1 01G IRtent and DUrr.ese
5.14.0120 Definitions.
"Advanced life support" as defined in the Cal.ifernia Health &ate Safety Code, Section 1797.52 aS RGW+R
ex sten,.e er "er^.,it^r ^r,i^,i er ",e .e i means special services designed to provide definitive
prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac
monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of
specified drugs and other medical preparations, and other specified techniques and procedures
administered by authorized personnel under the direct supervision of a base hospital as part of a local
EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility
SS2-125
transfer, and while in the emergency department of an acute care hospital until responsibility is assumed
by the emergency or other medical staff of that hospital.
"Basic life support" as defined in the Cal.+a Health &aid Safety Code, Section 1797.60;,,
existence e-r herea#teF a e.pe-led A-F changed, means emergency first aid and cardiopulmonary
resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and
starting the proper application of cardiopulmonary resuscitation to maintain life without invasive
techniques until the victim may be transported or until advanced life support is available.
"Ambulance" means any motor vehicle that is specifically designed, constructed, modified, equipped, or
arranged and operated for the purpose of transporting patients requiring basic or advanced life support
^d"t^ eF eRgeiRg medical services.
"Agreement" means the agreement between the City of Newport Beach and an ambulance service
operator to provide emergency ambulance transportation services as provided in this chapter.
"Emergency ambulance transportation service" means transportation by an ambulance of one or more
patients in response to an emergency or from the scene of an emergency and giving rise to the need for
basic or advanced life support services. This transportation may require "cCode 3" response (red lights and
siren). All ambulance transportation services within the City that are requested in response to a 911 call,
by the City's Fire Department or other public agency, or from the Metro Cities Fire Authority
Communications Center shall be deemed "an emergency ambulance transport service."
"Fare cho^f" m. the Fire Chief of+he Fare Depar+r,.^^t fer the C4ty
"Nonemergency ambulance transportation service" means transportation by ambulance of a patient who
is medically stable but may need basic life support and requires transportation from one location to
another. This transportation does not normally require "cC-ode 3" response. Nonemergency ambulance
transportation service shall not include any response to an emergency, any response that may require
advanced life support, transportation from the scene of an emergency, or any emergency ambulance
transportation service. The term nonemergency ambulance transportation service shall be construed
narrowly.
SS2-126
of andi"i.4112IS aetiRg aS a nit
5.14.0230 I i,•ense RequkedEmergency Ambulance Transportation Services.
A. It is unlawful for any person te-he anor ambulance service operator to provide emergency ambulance
transportation service or respond to an emergency within the City, or to act in such a capacity either
directly or indirectly, without: (1) entering into an agreement with the City; and (2) procuring and
maintaining nessessien of a license issued pursuant to ordinances, rules and regulations of the County of
Orange and any other licenses or permits as may be required.
B. Any person or ambulance service operator receiving a request for emergency ambulance
transportation service within the City, from someone other than a public safety agency, shall immediately,
by telephone. notifv the Citv's Fire Department's communication center.
C-B. Subsection (-A) The NYevisiensof this chapter shall not apply to:
1. Emergencv ambulance response and transportation services operated by the Citv's Fire
Department;
2. Ambulances operated at the request of a public safety agency during any "state of war
emergency," "state of emergency' or "local emergency" as defined in Cal.the Gov_emrnerit Code
Section 8558;
32. _Ambulance service transporting a patient from a location outside of the City limits
regardless of destination;
4-. _In the event of a mass casualty situation, as determined by the Fire Chief or Police
Chief;
54. _Emergency ambulance response and transportation services expressly
reguestedoper•a� by the City's of Newpert Beach Fire Department;
6. An ambulance service operator who has a contractual agreement with a hospital or
medical facility, within the City, to transport patients to/from the hospital or medical facility
to/from another hospital or medical facility; or
7. Nonemergency ambulance transportation services provided in compliance with Section
5.14.030.
C 9 A !1/I0 EmFnergenGy Ambulance Transportation Service Providers
A. The Fire Department may, upon reselutien ef the City Ceuncil, previde emergency ambulance
trarispertatien services as art of its pararnedic
response te, or as a result of an emergency, unless that peFSGR has been selected to pFevide such sepAire
pursuant to this chapter
SS2-127
WN
... .- --- - -- - - --- -• -- ----------------------
MI - -- - - -- - -- -- ••-
Plo
1 q a hedules as adepted by the City Council and shall have a three year term, with aR
.,+;.,h f.,r rh., City Co Roil r., .,,.r . J J J +; h I r,., ,yea , r.,r.
SS2-128
Mill M.N.Mall
-- - -- - - - -- - - - - -- - - - - -- --
I The
eartificate helpler has pet
filed
the City
adequate
evide.pee ef
Geverage with
OF
. +.
G+., r'
appFeved
by the ri+„ r � �R&4 ,
r,+ to the a r,+r • E)
chapter•
7 The
in
n
y r, r
hr.,-,Gh by G r,+r-.G+.,r .,f
the helder shall
-, PFE).,f
have the
+h., a
Fight te
r,+
tO the City CE)URGOI R MPrPhPP A
any such ease,
the City CGURGil
ceFtific-ate
Fnay call _;;P *tP-.M. fA-.r re omew
On the time
appeal
;;Apl m;;Pptmr ';Pt
eF
fArth On this sectiAn
._. _ ... _. .. .. _ ... .. ...
MEW
MWA
t met.
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SS2-129
MINIMNIRM
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establishing,
the City Geuneil shall hald a publie heariRg a4er giViRg teR days pFier wFitten Ra:ke to all providers and/E)r-
applieants and publieat4en ef said pFepesed Fate ehanges in the effleial newspapeF ef the City at least eneee-,
A -At less, thaR ten days prier te the date A-f Said- heaning.
5.14.030449 Nonemergency Ambulance Transportation ServicePrav;dprs.
A. It is unlawful for any person or ambulance service operator to provide nonemergency ambulance
transportation service or respond to a nonemergency within the City, or to act in such a capacity either
directly or indirectly, without acquiring and maintaining a license issued pursuant to ordinances, rules, and
regulations of the Countv of Orange and anv other licenses or permits as may be reauired.
B. No ambulance service operator shall provide nonemergency ambulance transportation service on the
streets of the City without first obtaining a City business license and providing the Finanee-Fire Direr -AR
Chief with evidence of County approval and licensing for the personnel, equipment, and operation of
nonemergency ambulance transportation service in Orange County.
C. The City Council shall by resolution establish a schedule of rates applicable to all nonemergency
ambulance transportation service and may, upon its own motion or upon application of any person holding
a business license for the operation of nonemergency transportation service, modify or amend such a
schedule. Prior to establishing, modifying, or amending any schedule or rates of nonemergency ambulance
transportation service, the City Council shall hold a public hearing after giving ten 10 days' prior written
notice to all providers and/or applicants, and publication of said proposed rate changes in the official
newspaper of the City at least once, not less than ten 10 days prior to the date of said hearing.
SS2-130
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SS2-131
Chapter 5.15
REGULATION OF NEWPORT BEACH POLICE OFFICIAL TOW SERVICES*
5.15.020 Definitions.
5.15.080 Service Agreements.
Tow truck operators selected by the City Council to provide official police tow services shall enter into an
agreement with the City that shall contain eligibility requirements, operating regulations, and a fee
schedule as adopted by the City Council. Every official police tow service operator shall post in a
conspicuous place in the interior of each tow truck an approved rate schedule in a form and location
approved by the Chief of Police. The rate schedule will automatically be adjusted on its anniversary date
based on the percentage change in the cost of doing business as measured by the change in the United
Adjusted -, Consumer Price Index 4e-r
for
the preceding twelve (12) months.
5.15.110 Standard Rules of Operation.
E. Each towing company shall comply with the Cal.ifernia Veh.k e Code, Division 12, Chapter 5, Article 8,
Section 27900 et seq., regarding signs on tow trucks. Only tow trucks bearing the name of the company
shall be dispatched to the scene of need without approval of Police Communications.
K. Upon request, official police towing services shall submit a report to the Chief of Police and the Finance
Director, which may include any of the following:
1. Total police impounds;
2. Number of times dispatched by ^'ewpert Ro@the Police Department;
3. Number of these calls resulting in impounds;
4. Number of vehicles sold on lien sale under authority of the Civ.v+4 Code, and reporting such
lien sales as per authority of the Cal. Veh.+e4e Code;
5. Number of vehicles sold under authority of Cal. Civ. Code Section 3073,''ivil Cede;
6. Names and addresses of buyers and description of vehicles when sold;
7. Number of calls answered which took more than one hour to handle.
P. When disposing of unclaimed vehicles, official police tow service operators shall abide by all Cal.
Civ.C-ivil Code sections pertaining thereto.
R. A towing company may charge a lien sale fee and may begin lien sale proceedings as provided in the
Cal.iferm4a Veh.k4e and Civ.v+4 Codes.
SS2-132
5.15.140 Grounds for Revocation.
The official police tow truck service agreement shall be subject to cancellation or revocation by the City
Council either as a whole or as to any person or vehicle described therein. The contract holder shall be
given five (5) days' notice to appear before the City Council to show cause why the contract should not be
revoked or cancelled for any of the following reasons:
1. Nonpayment of any City business license fees or other fees provided in the contractor by thise
"i^,.,port Beach MURi .,n- 4 Code;
2. Breach of any rules, regulations, or conditions set forth in the contract or this= "'^ q^^r* °^nc"
M6IRiGiPakCode;
SS2-133
Chapter 5.17
TAXICABS
Sections:
5.17.010 Purpose and Intent.
5.17.020 Definitions.
5.17.030 44y-Authorization Required.
� �� nnn ems..__._../_ n_._.__.i n__...•.__J
5.17.04-70 Adore„ertr; 4i••eTaxicab Regulations.
5.17.050 -Application for Permits and Fees.
5.17.020 Testing for CaRtrelleed riuhstaRe.es and Alcohol.
5.17 090 i„e......,„,.e RequiFed.
5.17.190 ^e'tv^ircr'arrsi�cr: cf
5.17.110 €wept-
5.1:7.120 ^ne..w.,„O,..,i rn„de fin„
5.17.139 n„eFat-ie„al Requkeme„ts.
5.17140 R;Apg and-G;aFges.
5.17.0-160-W Separate from Business Licensing.
5.17.070 Agency.
5.17.020 Definitions.
For the purposes of this chapter, the words and phrases herein defined shall be construed in accordance
with the following definitions:
"Driver" means a person who drives or controls the movements of a taxicab.
„,eye„,e„ts of a t- ab
SS2-134
"Owner" means a person who is registered with the California Department of Motor Vehicles as the owner
of a vehicle used as a taxicab, or who has a legal right to possession or control of such vehicle pursuant to
a lease or other agreement. The act of any driver of a vehicle used as a taxicab shall be deemed an act of
the owner, eaRS the r isteFed ^ . A-fA tAgir-Ah
er hliG . #ty
"Prearranged trip" means a trip using an online enabled application, dispatch, or internet website.
"Regulatory authority" means the County or any city within County where a taxicab business is
substantiallv located.
"Substantially located" means either of the following: the city or county where a taxicab business is
Primary located; e4:,or the city or county where the total number of prearranged and non -prearranged
trips that originate account for the largest share of the taxicab businesses' total number of trips over the
previous calendar year as determined annually.
"Taxicab" means a vehicle epeFated within the ;,,, iSdi,.+;^^ f the GA capable of carrying not more than
eighth persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a
vehicle operating as a charter party carrier licensed as such by any State agency, including the California
Public Utilities Commission, a rideshare as defined in Cal. Veh. Code Section 522, or any other vehicle
having a certificate of public convenience and necessity issued by any State agency, including the Public
Utilities Commission.
"Taxicab business" means any enterprise, whether carried on for profit or otherwise, that operates
taxirnhc
"Taxicab business permit" means a valid permit issued by the City9GTAP authorizing a person to operate
a taxicab business.
"Taxicab Driver's permit" means a valid permit issued by the City authorizing a person to drive or control
the movements of a taxicab.
"Taxicab vehicle permit" means a valid permit issued by the City9GTA12 authorizing a particular vehicle to
be operated as a taxicab.
5.17.030 Authorization Required.
A. No person shall operate a taxicab ortaxicab business in the City without a taxicab business permit,
taxicab drivers permit, and taxicab vehicle permitc-�^r^ n+r.
Notwithstandine Subsection (A). a taxicab business and its driver may perform prearranged tri
within the City if the taxicab business, taxicab driver, and taxicab vehicle are permitted by a regulatory
authority where the taxicab business is substantially located.
SS2-135
5.17.040 Taxicab Administrath Regulations.
A. The City Council shall adopt by resolution regulations of taxicab businesses substantially located
in the City including, but not limited to, the establishment of a maximum rate for fares, and the permitting
of taxicab drivers. taxicab businesses. and taxicab vehicles. which shall be published on the Citv's website
and available to the public in the Office of the City Clerk.
B. No person shall operate a taxicab vehicle ortaxicab business substantially located in the City unless
in compliance with the administrative regulations adopted by the City Council pursuant to this section.
5 17 AAA Ilri..p—r-IS Di.rw.it De gUiFed
Ne persen shall epeFate a *-;;w*c---;;-h in the City unless that peFsen pessesses a P-IriveF's peFmit. QwneFs shall
C 17 g6O Taxerah Q-.ein^oo D^rmk Req uir^.J
5.17.0507-0_ Application for Permits and Fees.
A. Application for a taxicab business permit, taxicab driver's permit, or taxicab vehicle permit of
t—;;x4c-,h h„SiReSS neFmit shall be made to the City9CTAR, upon a -forms provided by 9CTARthe City, and
shall be accompanied by an application fee sufficient to cover the administrative costs of processing such
application as established by the ^ra^^^ COURt„ TFanspA-r+-,+;,,h "„tha+4resolution of the City Council.
Reauirements for issuance and maintenance of a Citv taxicab business permit. taxicab drivers
permit, and taxicab vehicle permit shall be set forth in the regulations established by the City Council.
C 17 114I1 Testing fee Controlled -and- Alcohol
A H—rii.�P—r sh 11 test negative fe—r rentrelled ;- ibstances And ale-ehel s required by applicable State statutes.
C 17 090 InouranGe Require
A dFiveF E)PeFatiRg a ta)(iGab OR the City Shall earFy with h*Fn/heF at all times prAAf Af
that vehicle, with such PE)liGY ImMitS and Coverage -;;-,; establi-shed by QGTAP and adepted by separate
SS2-136
1. A rched-i ile e,f ra+r.r
rh@Fge,r fe,r the
hire e,f taxie-,h.
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4. The, +A.,ir;;h i.J.,. *AG--,+;..R
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ar+-,hlirhed by OCTAD and ade pted by r e,lutie,n e,f+he City Ceunril
e,f+he City re uncil
5.17.0-16-0 Separate from Business Licensing.
SS2-137
A. The requirements of this chapter are separate and independent from the business licensing and
any other provisions under this Ccode. Complianeewith the—p,=evis+ens orthis—cater Fnay be see lFed
A taxicab business that is not substantially located within the Citv shall not be reauired to obtain
business license.
5.17.070 Agency.
The owner of taxicab business and/or taxicab vehicle and the taxicab driver shall each be jointly and
severally responsible and liable for all acts and omissions of the taxicab driver while the driver operates a
taxicab in the Citv.
SS2-138
Chapter 5.20
PAWNBROKERS, SECONDHAND DEALS AND JUNK DEALERS
5.20.010 Pawnbroker Defined.
The term "pawnbroker" shall have the same meaning as that term is defined in Cal. Fin.r,'ff^r^" P^,^e"'
Code Section 21000 ^ statute theFet^
5.20.030 Secondhand Dealer Defined.
The term "secondhand dealer" shall have the same meaning as that term is defined and limited in
Cal.Eali#aria Business. & and _Prof.�T_Code Sections 21626 and 21626.5 any , __.______. statutes
fie. Any person or entity exempt from being considered a "secondhand dealer" pursuant to Section
21625 et seq. of the Cal.+#eria Bus.iRess &ate= Prof.essieRT_Code Section 21625 et seq.
*"^Fete shall also be exempt from being considered a "secondhand dealer" by this chapter.
5.20.040 Junk Dealer Defined.
The term "junk dealer" shall have the same meaning as that term is defined in Cal.i#ePia Bus.iReSS &
Prof.esswO;T Code Section 21601 OF Stat'U+^ *"^"^*^
5.20.050 Permits
C. Investigation. The Chief of Police ^• his ^" her designee shall cause to be made such investigation of
the applicant's application for compliance with this chapter and any applicable State regulation.
D. Report of Investigation. The Chief of Police ^r his ^r "^r d SigR^^ shall complete his or her investigation
herein provided for and shall make a written report within ninety (90) days that certifies whether or not
the requirements of this chapter have been satisfied.
F. Revocation or Refusal. A permit applied for hereunder may be refused by the Chief of Police eris-er
her design if the Chief of Police ^fie determines that the applicant has been convicted of an
attempt to receive stolen property or any other offense involving stolen property or that the permit holder
engaged in any act which the permit holder knows to be in violation of this chapter and such violation
demonstrates a pattern of conduct. For the purposes of this section, "convicted" means a plea or verdict
of guilty or a conviction following a plea of nolo contendere.
A permit issued hereunder may be revoked by the Chief of Police or an application for renewal of such
permit may be refused by the Chief of Police and the permit holder's activities pursuant to the permit may
be prohibited if the Chief of Police determines after notice and hearing:
1. That the business was not carried on only at the location designated on the permit. The permit
will designate all locations where property belonging to the business is stored. Property of the
business may be stored at locations not designated on the permit only with the written consent
of the City; or
2. That the permit or a copy thereof, issued by the "'ewpaFt Beams" Police Department, was not
displayed on the premises in plain view of the public; or
SS2-139
3. That the permit holder engaged in any act which the permit holder knows to be in violation
of this chapter and such violation demonstrates a pattern of conduct; or
4. That the applicant has been convicted of an attempt to receive stolen property or any other
offense involving stolen property. For the purposes of this section, "convicted" means a plea or
verdict of guilty or a conviction following a plea of nolo contendere. The Chief of Police may revoke
or refuse renewal of such permit when the time for appeal of the conviction has elapsed, or the
judgment of conviction has been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent order under the provisions
of Cal. Pen Code Section 1203.4 ^f the Califernia PeRal CA-& ^ any sueeesser statute theFete; or
5. That the permit holder has not fully and truthfully filed a renewal application and paid the
permit renewal fee specified by the City.
G. Appeal. Any person aggrieved by the action of the Chief of Police in the denial of an application for
permit or renewal of permit as provided heretofore shall have the right of appeal to the City Manager
h" ^r her deSig^^^. Such appeal shall be taken by filing with the City Manager within fourteen (14) days
of the postmark date of the Chief of PoliceOF designee's notice of denial sent to the person's last known
address a written statement setting forth fully the grounds for appeal. The appeal shall set forth the
particular condition and the reasons that the applicant believes the findings or decision is in error. The City
Manager ^fie -shall set a time and place for a hearing of such appeal and notice of such hearing
shall be giVeR to the appellaRtserved in the manner provided in Section 1.08.080 *^ the Same- MaRReF as
PFE)Vided 1h-S^Gfi^^ (W) of this s^rt'^^ f^.- ^^*ic^ of heaFiRg OR ea''^^. The decision of the City
Manager on such appeal shall be final as to the City but subiect to judicial review pursuant to Cal. Code
Civ. Proc. Section 1094.5.,^J �' ^
H. Notice of Hearing. Notice of the hearing provided for shall be given in writing to the applicant or
permit holder, as the case may be. Such notice shall be served in the manner provided in Section 1.08.080
s-at least five days prior to the date set for hearing. The applicant or permit holder, as the case
may be, shall have the right to be represented at such hearing by counsel.
5.20.070 Reporting of Transactions.
A. Reporting Requirement for Pawnbrokers and Secondhand Dealers. Every pawnbroker and secondhand
dealer shall make out and submit a full, true and complete report of pawnbroker and secondhand dealer
transactions, the form and contents of which shall comply with the provisions of CaLifernia Bus.i„ess and
& Prof.essim;s Code Sections 21628, 21628.2, 21630, and 21631, and 2 633 and artAt„tos
C. Reporting Requirement for Junk Dealers. Every junk dealer shall make out and deliver to the Police
Department a full, true and complete report, the form and contents of which shall comply with Cal +feria
Bus.iness &a4vd Prof.ess*ens Code Section 21606 er Statute there+^ on the form prescribed
by the Department of Justice, including Form BCIA 127, "Record of Junk Sale or Purchase.;"O-any
SS2-140
5.20.080 Records Required to Be Kept.
Unless federal or State law requires a shorter time period, every pawnbroker and secondhand dealer
shall keep, for a period of threes years, a complete record in the English language of all goods, wares,
merchandise or things pledged to or purchased or received by him, which record shall contain all of the
matters required to be shown in the reports referred to and described in Section 5.20.070 or this chapter.
Every such record and all goods, wares, merchandise and things pledged to or purchased or received by
any such secondhand dealer shall be open at all times during business hours to the inspection of the Chief
of Police or any police officer of the City of Newport Beach. Every junk dealer shall comply with the records
preservation requirements of CaLifernia Bus.iness &ate Prof.essiens Code Section 21607
SS2-141
Chapter 5.25
OPERATOR LICENSE FOR ESTABLISHMENTS OFFERING ALCOHOLIC BEVERAGES FOR ON -SITE
CONSUMPTION IN COMBINATION WITH LATE HOURS, ENTERTAINMENT, AND/OR DANCE
Sections:
5.25.010 License Required.
5.25.020 Applicability to Existing Businesses and Enterprises.
5.25.030 Application for an Operator License.
5.25.040 Application Requirements.
5.25.050 Issuance of License —Criteria and Findings.
5.25.060 Notice of Determination.
5.25.070 Operator License Nontransferable.
5.25.080 Revocation, Suspension or Modification of License for Cause.
5.25.090 Licenses and Fees Not Exclusive.
5i5.100 Penaaitf.
5.25.010 License Required.
No person y shall operate, or engage in, any of the following, until that person has first obtained
an operator license pursuant to this chapter:
A. —aAny business or commercial enterprise defined as "bar, lounge, and nightclub;' in Chapter 20.70 of
this Code;
B. A business or commercial enterprise e-r-which does or intends to offer alcoholic beverages for on -site
consumption in combination with "food service, late hours," as defined at Chapter 20.70 of this Csode
er as same FRay be aFReRE-Ited- fre.m. time to time, or
C. Aa" business or commercial enterprise that does or intends to offer alcoholic beverages for on -site
consumption in combination with "entertainment" as defined at Chapter 5.28 of thise Csode, or "cafe
dance" as defined at Chapter 5.32 of this Csode, until that persen er entity "-, first ^"+a;^^d
license puFs-w-ant We this chapte
5.25.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid permit or
other approval in effect as of February 24, 2011 *"^ ^+^ ^{ +"^ ^r�;^ ^,�;f;^d in this chapter. The �'
foregoing notwithstanding, the provisions of this chapter shall be deemed to require an operator license
in any of the following instances:
A. The approval or amendment of a use permit, as required by Title 20 of this Cc -ode.
SS2-142
B. The issuance of a building permit for modifications comprising a change in the type of occupancy or
an increase in the maximum occupant capacity of an establishment, as defined by the Uniform Building
Code.
C. As a result of a negotiated restitution or agreement to resolve or settle any administrative, civil, or
criminal matter relating to any violation of this Cc -ode.
D. As required by an order of judgment in a civil or criminal case brought by the City of Newport Beach.
E. Transfer of a business operating pursuant to an issued operator license, as required by Section 5.25.070
of this chapter.
F. The re-establishment of a business or commercial enterprise subsequent to its loss of nonconforming
status as set forth in Chapter 20.38 of this Cc -ode.
5.25.050 Issuance of License —Criteria and Findings.
B. At least twenty-one (21) calendar days prior to the decision on the issuance of a license, notice shall
be mailed to the applicant and all owners of property within three hundred (300) feet, excluding
intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain more recent address. The notice shall
indicate that written comments to the decision of the Chief of Police will be accepted until the date of the
decision indicated on the notice.
C. 2. In the case of a business or enterprise offering "entertainment," as defined in Chapter 5.28, the
premises meets all of the criteria in Section 5.28.040(B)(2) through (7);
5.25.060 Notice of Determination.
A. Except in such cases as provided in Section 5.25.030(A), the Chief of Police shall make a determination
on an application for an operator license within forty-five (45) days of such application being deemed
complete.
B. The applicant shall be served with written notice of the decision, including the findings made by the
Chief of Police in conditionally approving or denying the operator license. Notice shall be persenafly served
in the manner provided in Section 1.08.080^r served by deposit ;R the ''Ai+real States Mail firs+ GlaSS
postage PFepaid, at the shown an the applicatien. Service ;h;;Il he deemed PAMplete upon
persenal service er depesit in the United State-s Pe -St Mail
C. The determination of the Chief of Police to deny or to place conditions upon the approval of an
operator license shall be appealable by the applicant or any interested party. Such appeal shall be made
in writing to the City ClerkManager-, within fifteen (15) days of the pestmaFl( date ^f theservice of the -Chief
of Police's notice of decision. The appeal shall set forth the particular condition and the reasons that the
applicant or any interested party believes the findings or decision is in error. The City CouncilPAapager shall
make a determination on the appeal based on the application materials, the written determination of the
Chief of Police and the written appeal of the applicant or any interested party. The City CouncilManager
may take any of the following actions on the appeal:
SS2-143
1. Deny the appeal and affirm the determination of the Chief of Police and the conditions
contained therein; or
2. Approve the appeal and/or approve or modify an appealed condition; or
3. Refer the application to the Chief of Police for further investigation and determination to be
completed by a date certain.
D. The action of the City MaRag2+-Council to deny the appeal and affirm the determination of the Chief
of Police or to approve the appeal and/or approve or modify an appealed condition shall be final as to the
City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5,
C 7G 9fV1 -Pen lty
A. Any vielatien ef this ehapteF is subject te these Femedies pFeVided fE)F iR ChapteFs j.Q-4 -And- I—CO-5
-,.-alit;.,. to OtheF r ed- i.,S _aIle_�.y ,.d by State aA d Pe dera la,
B. any . e-latien .,f this ehapteF is heFeby deelaFe d to be a public r.
SS2-144
Chapter 5.28
LIVE ENTERTAINMENT ESTABLISHMENTS*
Sections:
5.28.010 Definitions.
5.28.020 Permit Required.
5.28.030 Application for Permit.
5.28.035 Application Requirements.
5.28.040 Issuance of Permit —Investigation.
5.28.041 Additional Regulations.
5.28.050 Permits Nontransferable.
5.28.060 Revocation of Permit.
5.28.070 Appeals and Calls for Review.
5.29.090 €inceptions.
5.28.100 Permits and Fees Not Exclusive.
5.28.110 Public Nuisance.
* Public dancing hours —See Chapter 11.02.
5.28.010 Definitions.
5.28.060 Revocation of Permit.
D. The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises
or lot upon which the place of entertainment is located which offense is classified by the State as an
offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or
material harmful to minors, prostitution or pandering, including, but not necessarily limited to the
violation of any crime requiring registration under Cal.40FRia Pen.a4 Code Section 290, or any violation of
Cal. Pen.a4 Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288E
288.1 through 289-,24�8a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
5.28.070 Appeals and Calls for Review.
B. The right to appeal to the City Council from the denial, suspension or revocation of any permit, or a
call for review regarding the same, required by this chapter shall terminate upon the expiration of fifteen
(15) days after -service, in the manner provided in Section 1.08.080, else ing the d p sit f a eertified
SS2-145
l #,,. in the United States Post Office of the notice advising the applicant of the action of the City Manager
and of his ",^«the applicant's right to appeal such action to the City Council.
D. The City Council of the Gity of "'ewpert Be " may preside over the hearing on appeal or, in the
alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to
the City Council findings and recommendations to be considered by the City Council of the City of Newpert
Reams. The City Council shall preside over a call for review hearing. The City Council of the City of nin,.,pert
Reeceshall render its decision within five days from the date of the hearing or, in the event that a
hearing officer has been appointed, within five days on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council shall be final as to the City but
subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
r_I'i_._/_ nl_i_ rl__ _I_1_i_._ _t (`__i_._ r � n ^^^Ii I '- !`__i_._ n _t il__ _.__I'.__.___ ___I'L__I'._ -'_ ___i_._
R. Per the of neneleeti:enie piane eF eFgan in any estahlish.ti.ent,C. Fer entertainment cenducted pursuant to a permit i-r-rued under Chapter 1-1-0-3 ef this Cede.
SS2-146
Chapter 5.32
CAFE DANCES*
Sections:
5.32.010
Definitions.
5.32.020
Permit Required for Cafe Dance.
5.32.030
Dance Floor Area Minimum Size.
5.32.035
Restricted Hours of Operation.
5.32.040
Application for Permit.
5.32.050
Issuance of Permit —Investigation.
5.32.060
Revocation of Permit.
5.32.070
Appeals and Calls for Review.
5.32.940
5.32.090
Review by City Gewn,.ii
Prohibited Dancing.
5.32.100
Exceptions.
5.32.110
Licenses and Fees Not Exclusive.
5.32.010 Definitions.
Gity MaRagP-F. The te.rrn "City MaRager" -;hall Mean the City MaRageF of the City ef Newpert Rear-h Ar hir,
-Autheraze d representative-.
5.32.070 Appeals and Calls for Review.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing,
failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the
City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts
and circumstances regarding the action or failure to act on the part of the City Manager. A member of the
City Council, in their official capacity, may call for review any action of the City Manager under this chapter
for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt
from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City
Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing of the4 s
appeal or a call for review. The City Council at its next regular meeting held not less than five (5) days from
the date on which such appeal or call for review shall have been filed with the City Clerk shall hear tie
^plieant the G;ty ""-,na the appeal or call for revieand all relevant evidence. The City Council may
sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be
final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-147
The right to appeal to the City Council from the denial, suspension or revocation of any permit required
by this chapter or call an item for review shall terminate upon the expiration of fifteen (15) days following
t#e service, in the manner provided in Section 1.08.080, of the notice deposit of a registeFed letter on the
United -S*a*^S, °^-* ^ffi^e advising the applicant of the action of the City Manager and of the4s right to
appeal such action to the City Council.
te a6t 6IP9R the part ef the City Manab— failing te issue, suspending eF reveking any permit
thms chapter, The Gity Clerk shall y.frm#P-.P Petir--e A-f the time, plaee and purpese ef the heaFiRg
to -he SeRt te the applicaRt 9F permittee by registeFed- Mail at least five days pr*A-.r tA- the date ret fAr thp
SS2-148
Chapter 5.36
HOTEL REGISTRATIONS
Sections:
5.36.010 Registration Required.
5.36.020 Entry of Departure Time —Inspection.
5.3603A Size and Formof Reg+ste%irrm%%s—Rete .+{.. of Records
5.36.040 False Registering Prohibited.
5.36.010 Registration Required.
Every person r^ goperatin any_ Feeminghease, ledging heuse, bed and breakfast inn, hotel,-4n-
motel, aue_recreational vehicle park- or any other similar place in the City, at all times shall keep
and maintain therein a register that sets forth the ter-f rregistrat+eR ca{d,; The name and home
street and town address of each and every guest or person renting or occupying a room or rooms and the
room number(s)
,
of each room assigned to be occupied by each such guest or person, together with the time when such
room is rented —,&Rd. Ujontil all of the aforesaid entries shall be made, no guest or person shall be suffered
or permitted to occupy any such room.
5.36.020 Entry of Departure Time —Inspection.
When the occupant or occupants of such room so rented shall quit and surrender the same, it shall be the
duty of the proprietor or an agent thereof to enter the departure time as nearly as can be determined in
such register ^r en such registratien card ^ sit^ the narne ^f Such ^ nt ^ eGeupants. Modifications
to the registerErasures ^r ^It^ratiens shall not be made for any purpose. Such register ^r all
^gistration earls, shall be kepimaintained or accessible in the office of the person renting such rooms.
The register shall be maintained for a minimum of one year.
Any police officer of the City of nl.,, peFt Beach may inspect the register OF r^^istrat'^n cards as long as
such inspection complies with federal and State law.
5.36.030 Size and Reg+steF and Cards —Retention of Records
minimurn size ef eight inches by ten *Rches. The registratien cards; shall he n, -rnhprpfi
shall be ---red On sueh sequence; the n-Mm.-hers. Shall be PFORted E)F ethe-.P.vise indelibly affixed te sueh The FegisteF shall be peFfflanently bound Se that Re sheet R9ay -he tak&A *hP-FP-fFA-1M1 Shall She A-f the
carrlo shall be retained fer a minimum peried of ene y
SS2-149
5.36.040 False Registering Prohibited.
No person shall register at any bed and breakfast inn, hotel, motel, recreational vehicle park or other
similarFE)eM*rghease,'9dgwRghouse, hotel, inn, m^+^l a6ite e9wict, ^ ^+"^. place in the City under the
name of any other person or of a false or fictitious person, eF give eF sign upen the ist^: of any
PlaEe aRY aSSUFRed,false ^: fiefifi^i,s Ram^ or any ^t�name other than the true or correct name of
such person so registering ^rt h°c ^- her ^ ^ t^ be SigRed.
SS2-150
Chapter 5.42
SOLICITATION
Sections:
5.42.010 Findings and Purpose.
5.42.020 Definitions.
5.42.025 Commercial Solicitation —Registration Card Required.
5.42.030 Exemptions.
5.42.040 Application for Registration Card.
5.42.050 Registration Fee.
5.42.060 Issuance of Registration Card.
5.42.070 Term of Registration Card.
5.42.080 Nontransferability of Registration Card.
5.42.090 Waiver of Requirements in Emergency.
5.42.100 Handbills in Public Places.
5.42.110 Placing Handbills in Vehicles.
5.42.120 Distribution of Handbills on Residential Property.
5.42.125 Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List.
5.42.130 Posting on Public Property.
5.42.140 Posting on Street.
5.42.150 Handbill Exceptions.
5.42.160 Publicly Soliciting Prohibited.
5.42.170 Time, Place and Manner of Solicitation —Prohibitions.
SS2-151
5.42.020 Definitions.
"City Manager" means the City Manager ef the City ef Newpert Beach eF his/heF designee.
"Noncommercial solicitation" means religious and political contacts, and solicitation not primarily
commercial in nature, and not primarily related to an economic transaction such as the exchange of goods
or services for a financial fee or cost. Noncommercial solicitation may include solicitation of monetary or
nonmonetary donations to nonprofit entities, when such solicitation is not conducted by a for -profit entity
that is paid for solicitation on the nonprofit entity's behalf, or that retains any portion of the funds solicited
on behalf of the nonprofit entity.
5.42.030 Exemptions.
F. Electronic solicitation, Bdirect solicitation through United States mail or ; selieitatien conducted solely
by means of radio or television broadcasts;
5.42.040 Application for Registration Card.
A. At least ten (10) days prior to the date the applicant intends to engage in commercial solicitation, Aan
application for a registration card shall be made to the Police Department on forms supplied by the City.
The applicant Shall verify the application fA-.r a eard uRder peRalty of pe6ury and file it ;Afffith the Pelfficle
DepaFtFne t at least ten (10) days pFmA-.r te the date the applicant intends te begin The Police
Department may, for good cause shown, allow the filing of an application less than ten (10) days prior to
the date the card is requested.
B. The application shall contain the following information:
1. The full name, mailing address, principal business or residential address and telephone
number, and the nature of the relationship between the applicant and the card holder, including
whether the applicant is a volunteer, a paid officer or employee, an independent contractor, or an
agent of the card holder;
2. Written authorization of permission to solicit from any person or organization for which the
applicant intends to solicit;
3. Where applicable, documentation from the State of California that the cardholder is in
compliance with Cal. Gov. GeveFRFneRt Code Section 12599;
5.42.125 Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List.
Occupants of residential properties who visibly display "No Soliciting" signs, or signs with similar wording,
may annually request to have their addresses included on a registry of residential properties whose
occupants do not wish to receive unsolicited handbills or commercial solicitation. The registry shall be
maintained by the City Manager's Office and through the City's website, and shall be available on the City's
website to the public and all potential commercial and noncommercial solicitors. It shall be a violation of
this section for any commercial or noncommercial solicitor to sr distribute handbills or engage in
commercial solicitation at or to any dwelling unit that is included on the City's "no soliciting" registry.
SS2-152
5.42.170 Time, Place and Manner of Solicitation —Prohibitions.
B. No commercial solicitation is permitted at any residential property at which a sign is displayed
indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s);
G. No solicitation shall occur when the person to be solicited is in or on any of the following places:
1. During a live presentation or performance on any City property, unless the solicitation is
authorized by the City or a special event permit;ARY ^U"'i^ pier-, "^arS" ,r'(iRg let er p
StFHetWe d el( r ferry landiRg;
2. Inside aApy public transportation vehicle or public facility;
3. Any vehicle en the publie OF private street, alleyway er publie Fight of way;
34. Within fifty (50) feet of any automated teller machine;
4-5. Outdoor and/or indoor dining areas of restaurants or other dining establishments serving
food for immediate consumption without the express permission of the restaurant owner,
manager or operator; or
56. A queue of five for more persons waiting to gain admission to a place or vehicle, or waiting
to purchase an item or admission ticket;
SS2-153
Chapter 5.43
STATE VIDEO FRANCHISES
5.43.010 Definitions.
"Gross Revenue" shall have the definition set forth in Section 5860 of the Cal.+#erpia Pub.4c- Util.#�es Code
5.43.030 State Video Franchise Fees.
A. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay a fee to
the City equal to five percent (5%) of the Gross Revenue of that State Franchisee.
B. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay an
additional fee* to the City equal to one (1) percent4l%4 of the Gross Revenue of that State Franchisee,
which fee shall be used by the City for PEG purposes consistent with State and federal law.
* Code reviser's note: Ord. 2017-5, Section 1, provides, "The City's PEG fee imposed in CodeE Section
5.43.030(B) is hereby reauthorized to the extent required by C-Cal.al+fernia Pub.i e Util.A es Code- Section
5870(n). All state franchisees operating within the City, including but not limited to the AT&T Franchise,
the Cox Franchise, and the Time Warner Cable/Spectrum Franchise, shall continue to collect and remit the
PEG fee as required in "'Code Section 5.43.030(B), which fee shall remain unchanged and in full effect
as to all state franchisees. The City Council expressly intends for this ordinance to apply retroactively to
the expiration and renewal of the AT&T Franchise and/or the Cox Franchise to the extent either or both
such franchises expire prior to the effective date of this ordinance."
5.43.050 Customer Service Penalties Under State Franchises.
B. The City Manager, er has er her designee, shall monitor the compliance of State Franchisee(s) with
respect to State and federal customer service and protection standards. The City Manager, er his er her
deSigRee, shall provide the State Franchisee(s) written notice of any material breaches of applicable
customer service standards, and shall allow the State Franchisee(s) thirty (30) days from the receipt of the
notice to remedy the specified material breach. Material breaches not remedied within the thirty (30)
dayday; time period shall be subject to the following penalties by the City Manager, or his or her deSigRee
1. For the first occurrence of a violation, a fine of five hundred dollars ($500.00) shall be imposed
for each day the violation remains in effect, not to exceed one thousand five hundred dollars
($1,500.00) for each violation.
2. For a second violation of the same nature within twelve (12) months, a fine of one thousand
dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed
three thousand dollars ($3,000.00) for each violation.
C. A State Franchisee may appeal a penalty assessed to the City Council within sixty (60) days. After
relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to
either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final
as to the Citv but subiect to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5
SS2-154
Chapter 5.44
Cable Communications Franchises
5.44.020 Definitions.
to ,� State f � r�
�v-a'cr's+i�ess�t �ccr�z�-rca,�;Tcr.
"Facilities" or "facility" shall have the same meaning in this chapter as these terms have in Chapter 13.20
of this e ^'ewpert Beaeh Munieipal Code.
"Public right-of-way" or "right of way" shall have the same meaning in this chapter as the term or terms
have in Chapter 13.20 of thise Newport Beaeh Municipal Code.
5.44.030 Grant of Franchise.
H. Use of Public Rights -of -Way. Pursuant to Chapter 13.20 of thise "'ewpaFt Beach M Ricip,' Code and
for the purposes of operating and maintaining a system in the franchised service area, a company may
place and maintain within the public rights -of -way the property and equipment that conforms to the laws
and standards of the City and as are necessary and appurtenant to the operation of the cable
communications system. Prior to construction or alteration of the plant in public rights -of -way, a company
shall comply with Chapter 13.20.
5.44.070 Services.
G 4. After cable service has been established by activating trunk or distribution cables for any area,
company shall provide cable service to any person requesting cable service in that area within nine n
^days from the date of request, provided that the company is able to secure all access rights
necessary to extend service to that potential subscriber within that nine (9) day period on reasonable
terms and conditions.
5.44.080 Design and Construction of System.
The system shall be designed and constructed in accordance with the provisions of Chapter 13.20 of thise
niowpert Beach IVIURiGip 4Code and the franchise. Construction components and techniques shall be in
accordance with Chapter 13.20, the franchise and all applicable law.
5.44.090 Operations and Maintenance.
H 4. When applicable, if the company cannot perform standard installations within nine L�j^days
of request by a subscriber (provided that the schedule or preferences of the person requesting installation
have not been responsible for the delay), the subscriber may request and is entitled to receive a twenty
dollar ($20.00) credit. Repeated failure to perform standard installations within the nine LqLGatepAa-rdays
or to provide the credit for late installations shall be grounds for franchise revocation or other enforcement
actions.
SS2-155
5.44.110 Termination and Related Rights.
2 j. Substantial failure to comply with the privacy rights of subscribers as provided in this chapter, any
franchise, OF SeGtie^ 631 ^f the Cable Act Section 631 or S^^*i^^ 637.9 ^f the Cal_ifernie Pen.,4 Code
Section 637.5;
6. Upon any termination of any franchise, if so directed by the City, the company shall, at its own cost
and expense, promptly remove that part of the system located in the right-of-way and shall replace or
repair and restore to serviceable condition each affected facility therein, in the manner as set forth in this
chapter and Chapter 13.20 of thise "'ewper* Beaeh Municipal Code.
5.44.135 Indemnity and Liability Insurance.
A. To the maximum extent permitted by applicable law, a company shall at all times defend, indemnify,
protect, save harmless; and exempt the City, the City Council, its of eeFS ageRtS, servaRts, a4E) Reys ^
empleyees, fFem any and all, peR@ltmies, damages eF eh@Fges aFising eut ef elaims, suits, demands, causes
,
,
y4h;,." shall "^ ^.,^r^ by the Gott' its boards and commissioners, officers, agents, volunteers attorneys
and employees, from any and all claims, demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys'
fees, consultants' fees, expert witness fees, disbursements and court costs) of every kind and nature
whatsoever whether compensatory or punitive, either at law or in equity, which may arise from or in any
manner relate (directly or indirectly) to the construction, erection, location, performance, operation,
maintenance, repair, installation, replacement, removal or restoration of facilities within the City based
upon any act or omission of a company, its agents or employees, contractors, subcontractors, independent
contractors, or representatives. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, or proceeding whether incurred by the company, the City, and/or the parties initiating or
bringing such proceeding.
B. Every company subject to this chapter shall procure insurance which types and amounts shall be
determined by the Risk Manager. r="--± ^ ;dedOF plemented by any fFanehis agFeement,
lieense er permit, a cernpany shall secure and maintain, public liability, preperty damage insurance, and
mhr ll� -eveFageat L a-st the fell.,..,ing ameunt&l
1 Public Liability. Tw e millien .d.,ll-,rs ($2 nnn nnn nn) r perser /per eccurrencej
2. Property Damage. T.ye- milli.,., dollars ($2 nnn nnn nn) r any one Claim; ,
SS2-156
three highest .,r hest Fat;RgS frGFR the Alfr.,.d M. -ReSt r'.,rRr.aRy
E. The public liability and pFepeFty damage inSUFanee pelicies Shall -ap P-Rder.seffleRt ebligating
the c-aAcellatien of the pe4W
Rpppw
5.44.140 Miscellaneous Provisions.
r,t;r.,ty of this ehapt.,r l aRY ether r
-LK. Possessory Interest. By accepting any PROW Permit granted pursuant to this chapter, company
acknowledges that notice is and was given to company pursuant to CaLifAFROA Rev_eRHe &ate Tax.atiae
Code Section 107.6 that the use or occupancy of any public property may cause certain taxes to be levied
upon such interest. Company shall be solely liable for, and shall pay and discharge prior to delinquency,
any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use
of any PROW or public property pursuant to any right of possession, occupancy or use created by any
PROW Permit.
SS2-157
Chapter 5.46
REGULATION OF COMMERICAL FILM PRODUCTION
5.46.020 Exceptions.
The provisions of this chapter shall not apply to:
A. Amateur photographers;
B. Any person involved in journalistic activities; or
C. Any person who is employed by the City or who has a contract with the City to stage, shoot,
make, capture, take or record images for a commercial or business purpose.
5.46.060 Appeal or Call for Review.
A. Decision of Film Liaison. Any person aggrieved by the decision of the Film Liaison shall have the right
to appeal the approval or disapproval of the application to the City Manager within five (5 edays
after notice of the decision of the Film Liaison is mailed. The City Manager shall review the application de
novo and shall render a decision within fourteen (14) days.
B. Decision of City Manager. Any person aggrieved by the City Manager's decision shall have the right to
appeal the approval or disapproval of the application to the City Council within five ealend@F Ladays after
notice of the decision is mailed. The City Council shall review the application de novo and act upon the
appeal within sixty (60) days after the filing thereof.
C. Call for Review. A member of the City Council, in their official capacity, may call for review any action
of the Film Liaison or City Manager under this chapter for the purpose of bringing the matter in front of
the entire body for review. A call for review shall be filed with the City Clerk, on a form provided by the
Clerk, within five eJadays after notice of the decision is mailed. The City Council shall review the
application de novo and act upon the call for review within sixty (60) days after the filing thereof.
5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such a permit, that the applicant
furnish a bond, insurance or both to protect the City against claims of third persons for personal injury,
wrongful death and property damage and to indemnify the City for damage to City property arising out of
the permittee's activities. If insurance is required, the Risk Manager shall determine the types and
amounts to be provided to adequately protect the City.
SS2-158
Chapter 5.48
DIRECTTEs' EmPHONIG ALARM MONITORING SYSTEM
5.48.010 Intent.
Direct alarm monitoringThe +slap"^*^ is a alaFFR system service operated by the "'ewpert Bea " Police
Department ;5; -^ -alternative seFvmee that is provided to benefit the citizens of Newport Beach. The Police
Department is not required to provide this service and citizens have other options to obtain alarm services
through private businesses. The regulations contained in this chapter are intended to provide important
information and control to the Police Department for effective and efficient operation of the system and
to ensure the cost of the service is recovered and to promote efficient policing operations.
5.48.020 Definitions.
"Direct alarm monitorin-Telep system" and "direct alarm monitoring system(s)" means any
mechanism, equipment or device which is designed to operate automatically through the use of die
teleph^^^ f-,,.;';t;^-; a landline or cellular line to transmit a signal, message or warning to another location.
5.48.030 Permit Required.
No person shall operate or maintain a direct+ ie alarm monitoring system which automatically
transmits a signal, message or warning to any Department telephone line, without first obtaining a permit
pursuant to Chapter 5.49 of this Code.
5.48.040 Additional Requirements.
A. In addition to the information required by Chapter 5.49, applicants for permits to install, maintain or
operate a *redirect alarm monitoring asystem which is intended to automatically transmit a
signal, message or warning to any Department telephone line shall provide additional information
required by this chapter to the Chief of the concerned Department. The additional information shall be
provided on forms supplied by the City, together with the service charge as established by resolution of
the City Council. The application shall include the name, address and telephone number of both the
installer of the system and the person or business on whose premises the system will be installed, as well
as a description of the system and the location where it is proposed to be installed, and any other
information as may be required by the Chief of the concerned Department.
B. The Chief of the concerned Department shall approve such application if he finds that:
1. The use of the alarm system to transmit a signal, message or warning to a designated
Department line will not interfere with the orderly conduct of City business;
2. The person installing the system maintains an adequate service organization to repair, maintain
and otherwise service the direct +Galarm monitoring systems sold or leased by him;
3. The application complies with the applicable provisions of Chapter 5.49.
C. The Department Chief may impose reasonable conditions on the exercise of the permit.
SS2-159
5.48.050 Right of Inspection.
The Chief of the concerned Department shall have the right to inspect any *^'^Gdirect alarm
monitoring system on the premises where it is intended to function prior to issuance of any permit for its
operation and may cause an inspection of such system to be made at any time after issuance of a permit
to determine whether it is being used in conformity with the terms of the permit and the provisions of
this chapter and Chapter 5.49.
5.48.060 Restricted Numbers.
No person shall install, operate or maintain a direct+^'^ ic_alarm monitoring system which
automatically transmits a signal, message or warning to any Department telephone line, except to such
telephone number or numbers as designated by the permit issued under the provisions of this chapter.
5.48.06 Notification of Change.
T e-Direct alarm monitoring system permits are not transferable. Permittees shall notify Police
Chief within five business days of any change of name, address, phone numbers, ownership, or alarm
business. Permittee shall deprogram the police dialer number upon change in ownership of the property.
5.48.070 Revocation.
Any permit issued for a +^'^rdirect alarm monitoring system may be revoked pursuant to the
provisions of Chapter 5.49, if the *direct alarm monitoring system has been installed, maintained
or operated in violation of the provisions of this chapter, applicable provisions of Chapter 5.49, or of any
term or condition of the permit, or for failure to pay the cost recovery fee specified in Section 5.48.080.
5.48.080 Annual Monitoring Charge.
In addition to the application fee authorized by Section 5.49.030, each permit holder shall pay to the City
on or before July 1st of each year, a monitoring charge as established by resolution of the City Council.
5.48.085 Signs.
Permittees shall not display any sign indicating the direct telephenic alarm monitoring system permitted
under this chapter as an aid to service or safety except approved signs provided by City. Approved signs
shall be displayed only in connection with the maintenance of a valid permit issued under this chapter and
in compliance with all permit conditions and regulations of Chief Police. Fees representing City's cost for
approved signs shall be paid in the amount adopted by resolution of the City Council.
5.48.090 Criminal Penalties.
Any person who violates the provisions of Sections 5.48.030, 5.48.050, 5.48.060 or 5.48.080 shall be guilty
of an infraction.
SS2-160
Chapter 5.49
BURGLARY - ROBBERY ALARM SYSTEMS*
Sections:
5.49.010
Definitions.
5.49.020
Permit for Alarm System Required.
5.49.030
Application for Permit.
5.49.040
Application for Alarm Permit —Investigation.
5.49.045
Duration of Permit.
5.49.050
Revocation of Permits.
5.49.060
Notice of Appeal.
5.49.070
False Alarm Penalty.
5.49.080
Alarm System Standards and Regulations.
5.49.090
Prohibitions.
5.49.100
Fees.
5.49.110
Limitations on Liability.
5.49.120
Criminal Penalties.
5.49.010 Definitions.
5.49.030 Application for Permit.
Application for an alarm permit shall be filed with the Chief of Police ^fie on forms provided by
the City and the applicant shall, at the time of application, pay the fee established by resolution of the City
Council. The application shall be signed and verified by the owner or lessee of the alarm system for which
the permit is requested, and the application shall contain such information as may be required by the Chief
of Police eF desigRee iR eFder to ensure that the permit is issued in accordance with the provisions of this
chapter. Permits provided for in this chapter shall be issued by the Chief of Police ^owe and shall be
nontransferable.
SS2-161
5.49.040 Application for Alarm Permit —Investigation.
Upon receiving an application from any person for an alarm permit, the Chief of Police ^fie -shall
cause an investigation to be made of the system to be installed to determine if the system complies with
the requirements of this chapter. If the proposed system complies with this chapter, the Chief of Police of
deSigRee shall cause a permit to be issued.
5.49.050 Revocation of Permits.
An alarm permit may be revoked as follows: If, after investigation, the Chief of Police determines that the
permittee has violated any provision of this chapter, or in the case teleph a direct alarm monitoring
systems any provision of Chapter 5.48, or any conditions of the permit or fails to pay a false alarm penalty
as provided in Section 5.49.070, the Chief of Police shall send to the permittee, by registered mail, a notice
of intent to revoke the permit, which notice shall specify the violation or violations determined by the
Chief of Police to exist and that the permittee has the right to appeal the decision to the City Manager as
provided in Section 5.49.060, and that failure of the permittee to remedy the violation or violations
specified in the notice of revocation within the fifteen (15) day appeal period, or within such additional
time as may be allowed by the Chief of Police upon a showing of good cause therefor, then the alarm
permit shall be considered revoked. No new alarm permit application may be made for a period of six ll
months after the permit is revoked, unless waived for good cause by the Chief of Police.
5.49.060 Notice of Appeal.
A. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of this
chapter, the applicant may appeal to the City Manager by filing with the City Manager a notice of appeal
setting forth the facts and circumstances regarding the appeal. This notice of appeal shall be filed not later
than fifteen (15) days after service of a notice of revocation as provided for in Section 5.49.050. The City
Manager, er duly authorized FepreseRta:�ve, shall, within fifteen (15) days from the date on which the
appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm permittee, the Chief
of Police and any other interested party, make findings and determine the merits of the appeal.
B. The City Manager, er has duly autherized representative, may affirm, overrule or modify the decision
of the Chief of Police and the City Manager's4s decision shall be final as to the City but subject to judicial
review pursuant to Cal. Code Civ. Proc. Section 1094.5.
..... - 1-1..... ......... .... I .......... ... I - ..... I ....... F,. ......... ... F,. F... , .... .... �.. .....,
SS2-162
Chapter 5.50
MASSAGE ESTABLISHMENTS
Sections:
5.50.005 Findings and Purpose.
5.50.010 Definitions.
5.50.015 State Certification and Operator's Permit Required.
5.50.020 Application for Operator's Permit.
5.50.025 Operator's Permit Issuance and Denial.
5.50.030 Requirements of Operation.
5.50.035 Changes of Business.
5.50.040 Operator's Permit Exemptions.
5.50.045 Inspection by City Officials and Notices of Violation.
5.50.050 Operator's Permit Expiration and Renewal.
5.50.055 Suspension, Revocation, Denial and Appeal.
5.50.060 Fees.
5.50.005 Findings and Purpose.
A. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and
establishments providing massage therapy services, and to prevent and discourage the misuse of massage
therapy as a front for prostitution and related activities in violation of State law, all in the interest of the
public health, safety, and welfare, by providing certain minimum building, sanitation, and operation
standards for such businesses, and by requiring certain minimum qualifications for the operators and
practitioners of such businesses. It is the further intent of this chapter to streamline local massage therapy
permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by
relying upon the uniform Statewide regulations enacted by the Legislature in 2008, 2011 and 2014 as Cal.
Bus.iness and& Prof.ess*ens Code Sections 4600 et seq., and by restricting the commercial practice of
massage in the City to those persons duly certified to practice by the California Massage Therapy Council
formed pursuant to those statutes.
SS2-163
5.50.010 Definitions.
"Approved school of massage" means any school or institution of learning that is recognized as an
"approved school" pursuant to the Cal Bus.iness &ate Prof.essie„S Code Division 2, Chapter 10.5, as it may
be amended.
"California Massage Therapy Council" means the massage therapy organization formed pursuant to --Cal.
C;;UfArnia Bus.iness &a*d Prof.essie„s Code Section 4600, and fellewi"^, et seq. as amended, and referred
to as CAMTC herein.
"Certified massage technician" means any person holding a current and valid State Certificate issued by
the CAMTC pursuant to= Cal.�e is Bus. s &ae4 Prof. _Section 4600 et seq., -FR4 RN+e �iRg
- — -
a eyed whether as a massage practitioner or massage therapist, as defined therein.
FepFesent@#ve
"City"
"Cityi
FepreSeRta#Ve
"PPr,;Ar;"
RELVid''AIS a6tiRg as aR R#t-y.
"State Certification" or "State Certificate" means a valid and current certification properly issued by
CAMTC pursuant to-Cal.Ealiferie Bus.iness &a+�d-_Prof.essiGRS Code -_Section 4600 et seq., and f^IIE)Wi^�
pe C 1.
5.50.020 Application for Operator's Permit.
A 12. An executed and notarized form to be executed by the person who owns the property, on a form
approved by the City, in which the owner agrees that if the operator's permit for the massage
establishment is revoked, no new massage establishment may be established at the same property, or
continuous parcel owned by the same person, for twenty-four (24) months from the date the massage
establishment ceases operating.
B. 7. A complete set of fingerprints taken by the Police Department subject to a fee to cover actual costs
to determine whether the applicant has any of the following:
a. Convictions for any crime involving conduct which requires registration under California Penal
Code Section 290 (Sex Offender Registration Act);
b. Convictions of violations of Ca.fi#ern*a Pen.4_Code Sections 266i (pandering), 315 (keeping or
residing in house of ill -fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit
place for gambling or prostitution), 647(b) (prostitution), 653.23 (supervision of prostitute);
c. Convictions of any felony offense involving the sale of a controlled substance specified in Cal.
Health & Saf. Code Sections 11054, 11055, 11056, 11057, or 11058, ef+he Health � c f *„ -, J
SS2-164
d. Convictions of crimes designated in Cal. Gov.erRrneRR Code Section 51032 (massage —grounds
for denial of license), or any crime involving dishonesty, fraud, deceit, violence or moral turpitude;
e. Injunctions for nuisances under Cal. Pen.a4 Code Sections 11225 through 11235 (red light
abatement law);
5.50.025 Operator's Permit Issuance and Denial.
A 5 a. -Has not been required to register under the provisions of Section 290 of the Cal.a Pen.a4--Code;
d. Has not been subject to an injunction for nuisance under Cal. Pen.a4 Code Sections 11225 through
11235 within the last eight years.
B 5. The applicant was convicted of or pled guilty or no contest to a violation of Cal. Pen.a4 Code Section
415 as a result of an arrest for violation of Cal. Pen.a4 Code Section 647(b);
A6 That an operator's permit for a massage establishment located on this property, or continuous
parcel owned by the same person, has not been revoked for at least twenty-four (24) months from the
date the massage establishment ceased operation.
B7. The applicant, any business owned or managed by the applicant while the applicant owned or
managed the business, the applicant's current employer, or the applicant's former employer during the
applicant's employment is or was a named party subject to a permanent injunction against the conducting
or maintaining of a nuisance under Cal. Pen.a4 Code Sections 11225 through 11235, or Cal. Health ate&
Safety Code Section 11570 et seq., or equivalent offenses under the laws of another jurisdiction.
5.50.030 Requirements of Operation.
1311. Dress Code. No employee or independent contractor of a massage establishment or any other
person engaged in the practice of massage for compensation shall dress in attire that is transparent or see -
through or substantially exposes the person's undergarments. In addition, no employee or independent
contractor of a massage establishment or any other person engaged in the practice of massage for
compensation shall dress in a manner that exposes the person's breasts, buttocks, or genitals or in a
manner that constitutes a violation of S^eti^^ 314 of the Cal.0fArROR Pen.a4 Code Section 314.
5.50.055 Suspension, Revocation, Denial and Appeal.
A 4. Violations of this chapter or of Ca1ifeMi@ Cal. Bus.iness ate& Prof.essiens Code Section 4600 et seq.
have been committed by the massage establishment or by anyone performing massage services on behalf
of the massage establishment; or
E. Appeal.
1. The right to appeal to the City Manager shall terminate upon the expiration of fifteen (15)
days from the date of Ma+i+pg eFservice of the notice as provided in Section 1.08.080. The notice
of appeal is to be sent to the Police Department of the Gity of llje ,peFt Bea
2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until
a final decision has been rendered by the City Manager ^F his ^" her designee. If no appeal is filed,
the suspension or revocation shall become effective upon expiration of the period for filing
appeals.
SS2-165
3. The City Manager may preside over the hearing on appeal or, in the alternative, the City
Manager may appoint a hearing officer to conduct the hearing, receive relevant evidence and to
submit to the City Manager findings and recommendations to be considered by the City Manager.
The City Manager shall render yea decision within forty-five (45) days from the date of the
hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days from
the date on which the City Manager receives the findings and recommendations of the hearing
officer. The decision of the City Manager shall be final as to the City but subject to judicial review
pursuant to Cal. Code Civ. Proc. Section 1094.5. The applicant shall be entitled to notice of the
basis for the proposed action, a copy of the documents upon which the decision was based and
the opportunity to present contrary evidence at the hearing.
4. Notice of the date, time and place of the hearing shall be mailed at least ten (10) days prior
to the date of the hearing as provided- in Section 1.08.080, by U.S. m^i' with ^reef ^f
appeal, as the case may be.
I I NO M0.1
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.. .. .. ...
.. .. .. ..
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.. ... . . . . . . . .
... .. . ... .. . ... .......
. . ... . ...
. . ... .. . . . ... .. . ..
. ..... .... .. .. . .....------
. .. .. ... . . ...
MO.-'..
SS2-166
Chapter 5.60
PARAMEDIC SERVICE USER FEES
5.60.020 Fees Established —Resolution.
The City Council shall by resolution establish reasonable fees and charges to be paid by persons using the
City's paramedic field services. Upon written application, the City Manager, er his ^r her designee may
waive all or part of the paramedic user fees referenced in this chapter.
SS2-167
Chapter 5.70
NEWSPAPER RACKS AND STANDS
Sections:
5.70.010 Intent and Purpose.
5.70.015 Definitions.
5.70.020 Newsrack Permits.
5.70.025 Requirements and Duties.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa Island.
5.70.035 Display of Certain Matter Prohibited.
5.70.040 Display of Harmful Matter.
5.70.045 Costs.
5.70.050 Removal of Newsracks.
5.70.055 Appeals and Calls for Review.
S�Severa,ot•, Supplemental Provisions
5.70.015 Definitions.
C. City Manager, "City Manager" shall Mean the City Manager hiS tio, designee
5.70.020 Newsrack Permits.
B. Application. A written application for a newsrack permit shall be filed with the City Manager, ^nor
h^, and shall contain the following information:
1. The name, address, and telephone number of the applicant and owner of the newsrack.
2. The name, address, and telephone number of a representative or other responsible person
whom the City may notify or contact at any time concerning the applicant's newsrack.
3. The number of newsracks at the street address of the proposed location of each as shown on
a scaled drawing of the proposed location.
4. A diagram of the location proposed for the installation of the newsrack(s).
5. Names of newspapers or periodicals to be contained in each newsrack.
6. Type or brand of newsrack, including description of the newsrack and mount, if other than K-
Jack Style Mount Model 100.
SS2-168
5.70.025 Requirements and Duties.
G. No person, association, firm or corporation shall place, locate or maintain a newsrack on the public
right-of-way unless there is on file with the City " erRisk ManagerAr h6s er hPF des+gRee, OR {i ee
of rya- proof of insurance, which types and amounts shall be determined by the Risk Manager.
H. Every permittee of a newsrack located upon the public right-of-way must comply with the provision
of "'ewpeFt 9e@Gh M61R*Gopal Code, Business Licenses and Regulations, Section 5.04.020.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa Island.
C. 'n the event that the nNewsracks proposed to be placed at any one location violate the provisions of
Section 5.70.020(E) or 5.70.030(A), (B), priaFity shall be given priority on a first -come, first -served basis. as
f^ ^ "
SS2-169
5.70.040 Display of Harmful Matter.
A. Definitions. For the purposes of this section, the terms "harmful matter," "matter," "person,"
"distribute;. "knowingly;. "exhibit," and "minor" shall have the meanings specified in Cal. Pen. Code
Section 31:31A-rthe Penal Cede A-f the State A-f Calife—rPia. For the purposes of this chapter, the term
"blinder rack" shall mean opaque material placed in front of, or inside, the newsrack and which prevents
exposure to public view.
5.70.050 Removal of Newsracks.
r f.
€--InIf the eve —Pt that the City Manager determines that a newsrack does not comply with the provisions
of this chapter or is abandoned, the City Manager4e-ef--4e shall servee written notice of such
determination to the permittee or owner in the manner provided in Section 1.08.080. The notice shall
specify the nature of the violation and, the location of the newsrack which is in violation, the intent of the
City Manager to remove the ^^^e^^fe-RR ^the newsrack in the event a hearing is not requested, and the
right of the permittee to request a hearing, before the City Manager, within fifteen (15) days from the date
of tl�,--service of the notice. If the newsrack is one which has not been authorized by the City Manager and
ownership is not known, nor apparent after inspection, a notice complying with this section shall be affixed
to the newsrack.
BQ In the event that a hearing is held pursuant to this section, the City Manager shall render a decision,
in writing, within ten 10 days from the date of the hearing, and the decision shall advise the permittee
or owner of his or her right to appeal to the City Council, pursuant to the provisions of Section 5.70.055.
Notice of the decision shall be Mam'^d*^ the -served on permittee or owner in the manner provided in
Section 1.08.080and shall -hp- reeinsriiddperedd Peffective e—n the date mailed pre-vid-PH thAt the netiee us pFepeF'y
-arddr^«^.d and placed in the- NA it ..,i+h firs+_class postage ^ aJ
Cs. The City Manager may take possession of a newsrack and, upon the expiration of thirty (30) days,
dispose of the newsrack as required by law, if:
1. No hearing is requested by the permittee or owner within fifteen (15) days as provided in
Section 5.70.050(A€); or
2. The appeal period specified in Section 5.70.055 has expired; or
3. In the event that an owner or permittee fails to remove the rack within ten 10 days from the
date of the decision of the City Council, that the newsrack is not in compliance with the rules,
regulations and standards established by this chapter.
D€. The City Manager shall inspect any newsrack reinstalled after removal pursuant to this chapter. The
permittee of the newsrack shall be charged a fee for this reinspection as established by resolution of City
Council.
E . If a'^ the event that aRy newsrack is abandoned, the City Manager may remove it pursuant to the
procedures set out in this section. For the purposes of this section, the term "abandonment" shall mean
SS2-170
no publication has been displayed in the newsrack for a period of fifteen (15) consecutive days, no prior
written notice has been given by the permittee to the City Manager specifying the reason(s) for nonuse,
and the condition of the rack and related circumstances indicate it will not be actively used within a
reasonable period of time.
5.70.055 Appeals and Calls for Review.
The City Council shall have the power to hear and decide appeals based upon the enforcement or
interpretation of the provisions of this chapter. Any permittee or owner who is aggrieved by any decision
of the City Manager may appeal that decision by submitting a written notice of appeal to the City Clerk
within twenty-one (21) days of the date on which notice of the decision was served in the manner provided
in Section 1.08.080ma+4ed. A member of the City Council, in their official capacity, may call for review any
action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire
body for review. A call for review shall be filed with the City Clerk, on a form provided by the Clerk, within
twenty-one (21) days of the date on which the notice of the decision was served in the manner provided
in Section 1.08.080n;;;+4ed. The City Council may preside over the hearing on appeal or may designate a
hearing officer to take evidence and submit a proposed decision together with findings, within fifteen (15)
days from the date of the hearing. The City Council shall preside over the hearing for a call for review. The
City Council shall, within thirty (30) days from the date of the hearing, render its decision on the appeal or
call for review, together with findings. The decision of the City Council shall be final as to the City but
subject to Judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
ef this chapter (er aRY sectiGR E)F PeFt:iA-.A A-f SeGIJA-R hereef) which can be given effect ihfitheut the
PFE)ViSiE)R E)F applicatien, -and- to thiS eRd the PFE)Vm-l;iA-.A'-; A-f thms ehapteF are, -and- _are ipte-Rded to be,
SS2-171
Chapter 5.80
RETAIL SALES OF FIREARMS
Sections:
5.80.010 Duly Constituted Licensing Authority.
5.80.020 Definitions.
5.80.030 License Required.
5.80.040 Fees.
5.80.050 Revocation or Denial of License.
ncn se ability.
5.80.010 Duly Constituted Licensing Authority.
The City Managerhis -FdesigRated FepFeseRta:ViPe _is hereby designated as the City's licensing
authority and is authorized to issue licenses for the sale of firearms pursuant to Cal. Pen Code Section
26705+H
5.80.020 Definitions.
The term "firearms" shall mean the same as that term is defined in t#e-Cal.+fernm;; Pen.a4 Code Section
16520.
5.80.030 License Required.
No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising,
offering or exposing for sale, lease or transfer of firearms unless he or she has obtained a license from the
City Manager pursuant to this Code and the Califernia Cal. Pen.a4 Code and has paid the required licensing
fee. The license shall not be transferrable and shall be valid for one year from the date of issue.
5.80.050 Revocation or Denial of License.
The City Manager may refuse to issue or to renew a license or may revoke or suspend an existing license
on any of the following grounds:
A. The applicant or license holder has failed to comply with any of the provisions of the CaLifernia
Pen.a4 Code.
B. The applicant or license holder has failed to comply with applicable provisions of thise
Newp Ft Beach Muni meal Code.
C. The applicant or license holder has failed to comply with applicable federal firearms laws and
regulations.
SS2-172
D. The applicant or license holder has made a material false, misleading, or fraudulent statement
of fact to the City in the permit application process.
In any such case, the applicant or license holder shall have the right to appeal to the City Council or a
member of the City Council may call an item for review in the time and manner set forth in this section.
When the City Manager concludes that grounds for suspension or revocation or refusal to renew a license
exists, the City Manager shall serve the applicant or license holder, ^i+"^F personally OF by "^"''fPd m;;*'
^,,,,r^65;^d +^ +"^ "„-:n^SS -;rdd-r^5;s ef. the a p p1;, a R t ^r 16,.^ns^ "^1d^*, with a notice of intent to suspend or
revoke or refuse to renew the license in the manner provided in Section 1.08.080. This notice shall state
the reasons for the proposed suspension, revocation, or refusal to renew, the effective date or if no appeal
is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City
Council and the decision of the City Manager to suspend, revoke or refuse to renew the license. A member
of the City Council, in their official capacity, may call for review any action of the City Manager under this
chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall
be filed with the City Clerk on a form provided by the Clerk. The right to appeal to the City Council or call
an item for review shall terminate upon the expiration of fifteen (15) days following the PeFSGRal service
eF depesit of the notice of intent to suspend or revoke or refuse to renew the license in the manner
provided in Section 1.08.080+"^ United R.,+^s ••";e"^,•^r ';"A" ^ F fiFst
The City Council e f the City of Newper+ Be@ may preside over the hearing on appeal or, in the alternative,
appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City
Council findings and recommendations to be considered by the City Council of the City of Newport Beach.
The City Council shall preside over a hearing for a call for review. The City Council shall render its decision
within forty-five (45) days from the date of the hearing or, ^ +"^ ^v^^+ +",*if a hearing officer has been
appointed, within forty-five (45) days from the date on which the City Council receives the findings and
recommendations of the hearing officer. The decision of the City Council shall be final as to the City but
subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
C 4A ALA C.,..., r-. L.:I:+..
if any sectien, subsectien, sentence, clause er phrase ef this chapter is fer any re-a-se.n held te be
validity ef the remaining pertiens ef the chapter, The City Ceuncil hereby declare-1; that at I.A.feuld have
passed the Prdinance cedified an this chapter and each and every sectien, subsectien, sentence, clause
SS2-173
Chapter 5.90
ESCORT SERVICE
Sections:
5.90.005
Findings and Purpose.
5.90.010
Definitions.
5.90.015
Escort Service Permit Required.
5.90.020
Application for Escort Service Permit.
5.90.025
Escort Service Permit Issuance and Denial.
5.90.030
Employee Permit Required.
5.90.035
Application for Employee Permit.
5.90.040
Employee Permit Issuance and Denial.
5.90.045
Change of Business.
5.90.050
Fees.
5.90.060 Transfer and Duration of Permits.
5.90.065 Employment of Persons Under the Age of Eighteen Prohibited.
5.90.070 Age of Customer.
5.90.075 Inspection.
5.90.080 Daily Register.
5.90.085 Prohibited Activities.
5.90.090 Suspension, Revocation, Denial, Appeal, and Call for Review.
5.90.095 Applications Barred for One Year.
5.90.100 Violation and Penalty.
5.90.010 Definitions.
For the purpose of this chapter, the following words and phrases shall mean and include:
A. C mefA-f PA-Irc�: Chief A-f PA -lice .,F+he City of ni.,..,peFt Beach er his .,r her designee.
SS2-174
AC. Employee: Any and all persons who work in or about or render any services whatsoever to the
patrons or customers of an escort service.
Bs. Escort: Any person who, for a fee, commission, hire, reward or profit, accompanies other persons to
or about social affairs, entertainments or places of amusement or consorts with others about any place of
public resort or within any private quarters. Excluded from this definition are any persons employed by
any business, agency or person excluded from the definitions of "escort service" below.
C€. Escort service: Any business, agency or person who, for a fee, commission, hire, reward or profit,
furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who
may accompany other persons to or about social affairs, entertainments or places of amusements, or who
may consort with others about any place of public resort or within any private quarters. Excluded from
this definition are any businesses, agencies or persons which provide escort services for older persons as
defined in Cal.+a Welfare &ate Inst.+S Code Section 9018.496, when such services are provided
as part of a social welfare and health program for such older persons.
D-P-. Operator: Any person operating an escort service, including but not limited to the owner or proprietor
of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.
i i
greup E)F ce-m-hinafien aGtiRg as a unit, excepting the United states ef AmeFiea, the State ef Galifemia, and
5.90.025 Escort Service Permit Issuance and Denial.
A 1. Any person that will be directly engaged or employed in the escort service has been convicted of a
violation of Cal. Health arm& Safe-t} Code Section 11550 or a violation of Cal Pen.a4 Code- Sections 266i,
315, 316, 318 or 647(b), or has been convicted in any other State of any offense which, if committed or
attempted in this State, would have been punishable as one or more of the above -mentioned offenses, or
that any such person is required to register under the provisions of Cal. Pen.a4 Code Section 290.
A 2. Any person that will be directly engaged or employed in the escort service has been convicted of
any offense involving the sale of a controlled substance specified in Cal. Health arm& Saf. Code
Sections 11054, 11055, 11056, 11057 or 11058 or the possession for sale and/or possession of a controlled
substance specified in the Cal. Health &arm Saf.ety Code Sections 11054, 11055, 11056, 11057 or 11058
either in an escort service or while employed by an escort service or has been convicted in any other State
of any offense which, would have been punishable as one or more of the above -mentioned offenses.
B 6. The escort service shall comply with all provisions of this chapter and the applicable provisions of
thine Code.
5.90.035 Application for Employee Permit.
B 2 e. Two front -faced portrait photos at least two winches by two inches in size taken by the City
Manager or Chief of Police; and
SS2-175
5.90.040 Employee Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in
such manner as "„P-^oc"eChief of Police deems appropriate ;A ArdPr to ascertain whether such permit
should be issued as requested. The Chief of Police shall make or recommend approval, conditional
approval or denial of the application within forty-five (45) days of filing of an application withte the City
Manager. Said forty-five (45) day period may be continued for an additional thirty (30) days if necessitated
by the occurrence of events beyond the control of the Chief of Police. The City Manager shall issue such
permit as requested unless the City Manager makes any of the following findings:
1. The applicant has been convicted of a violation of Cal. Health &a-r4 Safety Code Section 11550
or a violation of Cal. Pen.a4 Code Sections 266i-1, 315, 316, 318 or 647(b), or has been convicted in
any other State of any offense which, if committed or attempted in this State, would have been
punished as one or more of the above -mentioned offenses or that the applicant is required to
register under the provisions of Cal. Pen_a4 Code Section 290.
2. The applicant has been convicted of any offense involving the sale of a controlled substance
specified in Cal. Health &ate Safety Code Sections 11054, 11055, 11056, 11057, or 11058, or the
possession for sale and/or possession of a controlled substance specified in the Cal. Health ate&
Safety Code Sections 11054, 11055, 11056, 11057, or 11058 either in an escort service or while
employed by an escort service has been convicted in any other State of any offense which, if
committed or attempted in this State, would have been punishable as one or more of the above -
mentioned offenses.
3. The applicant has committed an act, which, if done by a permittee under this chapter, would
be grounds for suspension or revocation.
4. The applicant has had a permit license to operate an escort service or to work in or about an
escort service revoked by the granting authority.
5. The applicant has been convicted of an act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself, herself or another or substantially injure another or an act
of violence, which act or acts are substantially related to the qualifications, functions, or duties of
an employee of the escort service.
6. The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the
City in the permit application process.
7. The application does not contain the information required by Section 5.90.035.
8. The applicant has not satisfied the requirements of this chapter.
Exis ing EsGeFt Servi
A. Commencing OR the date ef adeptieR of thiS chapter-, peFmit-s -are to be is -rued in weth thp
24 this chapter-. Existing escert services may centinue On effect until Ane hundred and eighty
(180) days a4eF adeption of this chapter, WithiR APP hnrin-d and eighty (180) days, ex stiRg eseeFt
services sh 11 apply fer an escert service permit pursuant te Sectiens 5.90.015 and 5 90 020 ef this chapter
SS2-176
..
..
SS2-177
Chapter 5.96
ADULT ORIENTED BUSINESS€S
Sections:
5.96.005
Intent.
5.96.010
Definitions.
5.96.015
Permit Required.
5.96.020
Application Requirements.
5.96.025
Application/Findings/ Requirements.
5.96.030
Permit Duration.
5.96.035
Permit Renewal.
5.96.040
Permits Non -Transferable; Use Specific.
5.96.045
5.9b. -5A
5.9b. 055
Enforcement and Revocation.
ViGIRIJAR
Existing Adult
5.96.010 Definitions.
"Adult model studio" means any premises where there is furnished, provided or procured a figure model
or models who pose in any manner which is characterized by its emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical parts where such model(s) is being
observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured,
photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration,
compensation or gratuity for the right or opportunity to so observe the model or remain on the premises.
Adult model studio shall not include any live art class or any studio or classroom which is operated by any
public agency, or any private educational institution authorized to issue and confer a diploma or degree
under Cal. Ed. Code Section 94930300, et seq. of *"p- Edue-alien Cede
5.96.020 Application Requirements.
B. Determination of Completeness. The City Manager shall determine whether the application contains
all the information required by the provisions of this Chapter 5.96. If it is determined that the application
is not complete, the applicant shall be notified in writing within ten 10 business days of the date of receipt
of the application that the application is not complete and the reasons therefor, including any additional
information necessary to render the application complete. The applicant shall have thirty (30) czar
days to submit additional information to render the application complete. Failure to do so within the thirty
(30) day period shall render the application void. Within five business days following the receipt of an
amended application or supplemental information, the City Manager shall again determine whether the
SS2-178
application is complete in accordance with the procedures set forth in this subsection. Evaluation and
notification shall occur as provided above until such time as the application is found to be complete. The
applicant shall be notified within five days of the date the application is found to be complete. All
notices required by this section shall be deemed given in the manner provided in Section
1.08.080pen the date they aFe eitheF depesited On the United Statees rnail A-.r the date Ypen whieh perse
5.96.025 Application/Findings/ Requirements.
D. The adult -oriented business shall not conduct any massage, acupuncture, tattooing, piercing,
acupressure, fortune-telling or escort services on the premises.
I. The adult -oriented business shall not allow admittance to any person under the age of eighteen (18) if
no suer alcohol is served, or under the age of twenty-one (21) if suer alcoholis served.
X. The place of entertainment will provide separate restroom facilities for male and female patrons. The
restrooms will be free from sexually oriented materials and sexually oriented merchandise as those terms
are defined in Chapter 5.96 of thise Newport Beach MURiGipal Code. Only one person will be allowed in
the restroom at any time, unless otherwise required by law, in which case the adult -oriented business will
employ a restroom attendant of the same sex as the restroom users who shall be present in the public
portion of the restroom during operating hours. The attendant will ensure that no person of the opposite
sex is permitted in the restroom, that not more than one person is permitted to enter a restroom stall,
and, with the exception of urination and excretion, and the necessary disrobing associated with the
aforementioned bodily functions, that no person engages in any specified sexual activity in the public
portion of the restroom.
5.96.045 Enforcement and Revocation.
C. Revocation Notice. Upon determining that the grounds for permit revocation exist, the City Manager
shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the
principal reasons for the proposed revocation, shall state that the permittee may appeal the decision
within fifteen (15) calenda days of the posting or the date of service in the manner provided in Section
1.08.080pestmarked date ^^ the "^''Cc^. The notice shall be delivered both by posting the notice at the
location of the adult -oriented business and by se„diRg the same, c^Ftifie ' mail, FetU R pt Fequested
and ^^stage pro- )a4 serving the permittee with the notice in the manner provided in Section 1.08.080;
to then .m.i# e th;#and addFess appears R the permit on the same date. Not later than fifteen
(15) caleRdar days after notice is served in the manner provided in Section 1.08.080*"e '_+nor of
mailing er pesti g of the netice, the permittee may file an appeal of the City Manager's determination
with the City Clerk. If the appeal is filed within fifteen (15) ealendar of the service of the notice in the
manner provided in Section 1.08.080mailiRg ^F ^^sting of the ^^''^^ ref^ireenced above, the appeal hearing
shall be provided as contained in subsection (D) of this section.
D. Appeal or Call for Review. Any person aggrieved by a decision to revoke a permit under this chapter
may file an appeal with the City Clerk within ten (10) days of the decision. The request for the appeal shall
state the grounds upon which the appeal is based. A member of the City Council, in their official capacity,
may call for review any decision to revoke a permit under this chapter for the purpose of bringing the
matter in front of the entire body for review. A call for review is exempt from the payment of a fee and
SS2-179
shall be filed with the City Clerk on a form provided by the Clerk. Upon receipt, the City Clerks h a I I schedule
an appeal or call for review hearing before the City Council or an appointed hearing officer and shall
provide written notice of the time, date and location of the hearing to the applicant. The City Council shall
hear all calls for review. The hearing shall be held no later than forty-five (45) days from the date the
request for the appeal or call for review is received by the City Clerk. The City Council shall determine
whether grounds for revocation of the adult -oriented business permit exists and shall render their decision
at the conclusion of the hearing or upon recommendation of the hearing officer unless the applicant
otherwise consents to a continuance. The decision of the City Council shall be final as to the City but
subiect to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5
Any estalolinshment operated, cendueted er maintained Contrary to the previsions of this chapter is
proceedings for the abatement, removal and eRjOiRFReRt thereof OR the manner provided by 4w,_-+Rd_S*a4
take such ether steps and shaP apply to such Court or Courts as may have jurisdietmien to grant such relief
as YAN abate or remove such adult Oriented business and restrain and enjoin any PeFSOR from OperatiRg7
cenduetning er mainkinning such an esolakshment centFaFy to the provisions of this chapter-.
C 96 955 Cvis ing Adult Queiv.oc•coc•
FeaSOR of the adopt:ion of this chapter shall be deemed to have been issued a permit Pursuant to t
chapter subject to the fe4owiRgi.
A. The nonconforming opeFat:iOR Shall be brought full Compliance With subsect:ions (C�,
with subsections (9), (D), (N), (Q), (P), (Q—) and (T) Of SeKOR 556525 not later than One year from the date
the erlRaRce cedKed an ON chapter is adepted; and the nGIRCeRfeFMiRg businesses shall be brought into
GeMpli@Rce with subsections (E), ARY 'awfully e)(OSARg and OpeFQTiRg adult okesed business which becomes a nonconforming Use by
(L), (M), (N), (P), and (R) of Section 5.96.025 net later than five years
fr.,m the .Joe of -,.J.,r.HOR of the or.J Ra a C.,.JifiA in rhk Chap r
Adure to comply with the reqbremeRtS Of this chapter within the amort:izatiGR periods pr
se&�EIR may subject the business to Fevoca:�EIR Of the permit. NOtWithStandiRg the above, any business
legally existing @Rd operating as of the date of adephen of the erdbance WAY in ON chapter which
does REIt comply wkh the ZORNg PFOWSARS fOURGI OR Title 20 Of thvis Code shak not be requir
to ated
SS5180
Chapter 5.97
SIDEWALK VENDING PROGRAM
5.97.010 Purpose.
The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program that
complies with Cal. Gov. Code Section 51036 et seq. The provisions of this chapter allow the City to
encourage small business activities by removing total prohibitions on portable food stands and certain
forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending
activities to protect the public's health, safety and welfare.
A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on street
vending are necessary to:
1. Ensure no interference with:
a. The performance of police, firefighter, lifeguard and emergency medical personnel
services;
b. The flow of pedestrian or vehicular traffic including ingress into, or egress from, any
residence, public building, or place of business, or from the street to the sidewalk, by
persons exiting or entering parked or standing vehicles;
2. Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts,
traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes,
as well as access to locations used for public transportation services;
3. Maximize public access to and along the coast; and
4. Reduce exposure to the City for personal injury or property damage claims and litigation.
B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on
sidewalk vending as follows:
1. The Balboa Island Boardwalk is extremely narrow and has a high volume of pedestrians
traveling in each direction. Restrictions on sidewalk vending are necessary to protect the public
from injury given the Balboa Island Boardwalk's popularity as a tourist destination;
2. The Oceanfront Boardwalk is under twelve (12) feet in width in places and has a centerline,
which provides for a high volume of pedestrians, bicyclists, and r^',�„ erskattrsroller skaters to travel
in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury
given the Oceanfront Boardwalk's popularity as a tourist destination;
3. East Balboa Boulevard between Adams Street and A Street, Marine Avenue on Balboa Island,
and East Coast Highway between Avocado Avenue and Hazel Drive are extremely popular tourist
destinations with unusually high pedestrian and vehicular traffic volumes. Restrictions on sidewalk
vending are necessary to protect the public from injury given the popularity of these tourist
destinations;
SS2-181
4. The Civic Center contains the City's emergency operation center, the headquarters for the Fire
Department, and other critical infrastructure. Restrictions on sidewalk vending are necessary to
ensure that fire equipment is easily accessible and critical infrastructure is maintained and
accessible at all times;
5. Many of the City's parks provide passive recreational opportunities and restrictions on
sidewalk vending are necessary to protect the natural resources and recreational opportunities,
as well as scenic and natural character of these parks;
6. Restrictions on sidewalk vending at active parks is necessary to protect the health, safety and
welfare of those persons engaged in active sports activities as well as spectators of sporting
activities; and
7. Many of the sidewalks and pathways in the City are under eighth feet wide and sidewalk
vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt
access for persons with disabilities.
5.97.020 Definitions.
B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in
this part, unless the context in which they are used clearly requires otherwise:
1. "Alcohol" means an "alcoholic beverage" as defined in Section 20.70.020(A),
seed e n;
2. "Balboa Island Boardwalk" means the pathway area that borders the water and Grand Canal
on Balboa Island and Little Balboa Island;
3. "Beach" means any public ocean front, or bay front beach within the City, including ocean or
bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay
front beach areas;
lets,(22) feet On vVid-th adjaceRt W the Sandy ocean beach (e)(Cept where the -hear-,h
has been impreved with parking �z
W a POORt eal-;* A-f �- -Street. The Or-eanfrept Reardwalk is desigRated as West ocean PPAA* ;;Rd E
4-5. "Certified farmers' market" means a location operated in accordance with Cal. Food & Agr.
Code, Division 17, Chapter 10.5 (cernr eRGi g viath Section 47000 et seq. ` ^f Division 17 ^f the
Feed and Agricultural C^.�^ and any regulations adopted pursuant to that chapter, er—any
hapt r;
6. „ " eF "CityWall"
Giyoe EenteF DFive Newport Beach, Califemia 92660;
5-7. "Fire station" means any facility where fire engines and other equipment of the City's Fire
Department are housed;
SS2-182
68. "Food" means any item provided in Cal. Health &a+44 Safety Code Section 113781 or aRy
sueeesseF eti
7-9. "Heating element" means any device used to create heat for food preparation;
849. "Lifeguard headquarters" means the lifeguard facilities located at the base of Newport Pier,
alongside the Balboa Pier, and on Corona Del Mar State Beach;
9-14. "MaFijUaeaCannabis" means the substances defined in Section 10.70.020(A) eF aRY
sueeesseF seeetienl-
1044. "Merchandise" means any item(s) that can be sold and immediately obtained from a
sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise;
11. Oceanfront Boardwalk" means the concrete walkwav aaaroximately twelve (12) to
twenty-two (22) feet in width immediately adjacent to the sandy ocean beach (except where the
beach has been improved with parking lots, parks or school playgrounds) and that runs from 36th
Street to a point east of E Street. The Oceanfront Boardwalk is desienated as West Ocean Front
and East Ocean Front on the official Citv atlas:
WZYMM
._
-- - -- -
- - -
-- -
- -
. . .........
142. "Pathway" means a paved path or walkway owned by the City or other public entity that is
specifically designed for pedestrian travel, other than a sidewalk;
1546. "Police station" means any facility where police vehicles and other equipment of the C
Police Department are housed;
167. "Public property" means all property owned or controlled by the City, including, but not
limited to, buildings, alleys, beaches, boardwalks, parks, pathways, streets, parking lots, sidewalks,
and walking trails;
179. "Residential" means any area zoned exclusively as residential in Title 20 or 21 or is
designated exclusively for residential use as part of a PC (Planned Community) Zoning District,
SS2-183
Planned Community Development Plan, Planned Residential District, Specific Plan District, Specific
Plan Area, or residential overlay district or their equivalent;
18-9. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and
stops only to complete a transaction;
1920. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs,
barriers, markings or other delineation specifically designed for pedestrian travel and that is
owned by the City or other public entity;
20-1. "Sidewalk vending receptacle" or "sidewalk vendor receptacle" means a pushcart, stand,
display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for
sidewalk vending activities;
21-2. "Sidewalk vendor" or "vendor" means a person(s) who sells food or merchandise from a
sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway;
223. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a
person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such
as, but not limited to, placement or maintenance of any sidewalk vendor receptacles;
234. "Special event" means any special event described in Section 11.03.020(B), or any successor
section;
24-5. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location;
and
25g. "Swap meet" means a location operated in accordance with Cal. Bus. & Prof. Code, Division
8, Chapter 9, Article 6, (eemm^^GO^^ With Section 21660 et seg.) of GhapteF 9 ^f DiVis,^^ Q ^f the
R„;WA^« a^^' °r^f^«i^^s Cade, and any regulations adopted pursuant to that chapter, er any
ceSSOF chapt.
5.97.030 Permit Required.
A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities
within the City without first applying for and receiving a permit from the Finance Director, ^F the PiRaR ^
Diree. .r's desig^^^ under this chapter.
B. A written application for a sidewalk vendor permit shall be filed with the Finance Director, ^wee
Directer's designee on a form provided by the City, and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk
vendor;
2. The name, address, and telephone number of the person who will be in charge of any roaming
sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the
sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed as roaming
sidewalk vendors or at a sidewalk vending receptacle;
SS2-184
4. The number of sidewalk vending receptacles the sidewalk vendor will operate within the City
under the permit;
5. The location(s) in the City where the sidewalk vendor intends to operate;
6. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk
vendor and, if roaming, the intended path of travel;
8. The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including a picture
of each sidewalk vending receptacle operating under the permit and any signs that will be affixed
thereto;
9. Whether the sidewalk vendor will be selling food, merchandise, or both;
10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether
such foods are prepared on site, whether such foods will require a heating element inside or on
the sidewalk vending receptacle for food preparation, and the type of heating element, if any;
11. If the vendor is selling merchandise, a description of the merchandise to be sold;
12. A copy of the health permit required for any sidewalk vendors selling food, as required by
Chapter 6.08, eF any sueeesseF chapte;
13. Proof the person possesses a valid California Department of Tax and Fee Administration
seller's permit which notes the City as a location or sublocation, which shall be maintained for the
duration of the sidewalk vendor's permit;
14. An acknowledgment that the sidewalk vendor will comply with all other generally applicable
local, State, and federal laws;
15. A certification that, to their knowledge and belief, the information contained within the
application is true;
16. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the
City, its City Council, boards, commissions, officers and employees from and against any and all
claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise from or in
any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities.
This indemnification shall include, but not be limited to, damages awarded against the City, if any,
costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action,
or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing
such proceeding;
17. An acknowledgement that use of public property is at the sidewalk vendor's own risk, the
City does not take any steps to ensure public property is safe or conducive to the sidewalk vending
activities, and the sidewalk vendor uses public property at their own risk;
SS2-185
18. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the
duration of any permit issued under this chapter any insurance required by the C#Y4—Risk
Manager;
19. If the sidewalk vendor has operated in the City in the past, proof of prior sales tax allocation
to the City; and
20. Any other relevant information required by the Finance Director, ^F the Finance Direeter's
des ig R ee.
C. Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application
fee as established by resolution of the City Council. The application and permit is only applicable to the
individual(s) named on the application. If said permit is approved, it shall not be necessary for the
permittee to obtain a City business license to carry on the activities authorized by said permit, unless such
permittee maintains a permanent place of business within the City.
5.97.040 Issuance of Permit.
A. Within thirty (30) ealendaF days of receiving a complete application, the Finance Director; eF the
Pi^,^^^ Direeter's desig^^^ may issue a sidewalk vendor permit, with appropriate conditions, as provided
for herein, if he or she finds based on all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or rights of nearby residents to
the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public
peace, health, safety or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or
City operations, threaten to result in damage or detriment to public property, or result in the City
incurring costs or expenditures in either money or personnel not reimbursed in advance by the
vendor;
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper
safety precautions will be taken;
4. The conduct of such sidewalk vending activity will not require the diversion of police officers
to properly police the area of such activity as to interfere with normal police protection for other
areas of the City;
5. The sidewalk vendor has paid all previous administrative fines, completed all community
service, and completed any other alternative disposition associated in any way with a previous
violation of this chapter;
6. The sidewalk vendor has not had a permit revoked within the past twelve (12) months;
7. The sidewalk vendor's application contains all required information;
8. The sidewalk vendor has not made a materially false, misleading or fraudulent statement of
fact to the City in the application process;
9. The sidewalk vendor has satisfied all the requirements of this chapter;
SS2-186
10. The sidewalk vendor has paid all applicable fees as set by City Council resolution;
11. The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the
requirements of this chapter;
12. The sidewalk vendor has adequate insurance coverage to protect the City from liability
associated with the sidewalk vendor's activities, as determined by the C#Y!-,Risk Managere
Rmsl( ManageF's designee, and, if FequiFed by the Cit�L, the City hass been naffled aas -an -A-difi
9 n sued; a n d
13. The sidewalk vendor has satisfactorily provided all information requested by the Finance
Director, OF the FiRaRGe ^'%ZC+^"'- desigRee, to consider the vendor's application.
B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk
vendor or sidewalk vending receptacle requires a new permit under this chapter.
C. All permits issued under this chapter shall expire twelve (12) months from date of issuance.
5.97.070 Penalties.
D. The Finance Director, or the PiRaR,.,, Dire-,.+,,,'' d sigR ,, may revoke a permit issued to a sidewalk
vendor for the term of that permit upon the fourth violation or subsequent violations within one year of
the first violation.
5.97.080 Appeals.
Al. Any recipient of an administrative citation may request an ability -to -pay determination, contest that
there was a violation of this Ce--code, and/or that he or she is the responsible person, by completing a
request for hearing form and returning to the City's Finance Department in accordance with Section
1.05.060(A), er any successer serti^^. Notwithstanding the time limits set forth in Section 1.05.060(A),
any person requesting a hearing and ability -to -pay determination may file the request within the time
frames set forth in Cal. Gov.ernmenR Code Section 51039(f)(1), eF aRY sweeesser-e^tie^.
A4b._-If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Cal.
Gov.ernment Code Section 68632, er any suGeesser-ectien, the Hearing Officer shall order the City to
accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter;
A 6. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer
shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons
for that decision:
a. The Hearing Officer may uphold or deny the administrative citation or take any other action
within the Hearing Officer's power;
b. If the Hearing Officer determines that the administrative citation should be upheld and a fine
assessed, then the amount of the fine assessed that is on deposit with the City shall be retained
by the City and any remainder on deposit with the City, if any, shall be promptly returned;
c. If the Hearing Officer determines that the administrative citation should be denied, or imposes
an alternative disposition, and the fine was deposited with the City, then the City shall promptly
refund the amount of the deposited fine;
SS2-187
d. The decision of the Hearing Officer shall be final as to the City but subject to judicial review
pursuant to Cal. Gov. Code Section 53069.4; and
e. The recipient of the administrative citation shall be served with a copy of the Hearing Officer's
written decision in the manner provided in Section 1.08.080, er any suceesser seetie"
B. Decisions of the Finance Director, er the Direete—r'`' desigRee, to revoke a permit shall be
appealed in the following manner:
1. Appeals shall be initiated within fifteen (15) ealendar days of service of notice of the decision
in the manner provided in Section 1.08.080, 9F any _._-____.-eetien;
2. Appeals of decisions shall be made in writing on forms provided by the City;
3. Decisions that are appealed shall not become effective until the appeal is resolved;
4. All appeals of decisions shall be heard by a Hearing Officer designated pursuant to Section
1.05.070(A), OF aRY sueeessaF seCtiOR, and the Hearing Officer may be disqualified as provided in
Section 1.05.070(B), eF _^y sueeesseF -ect:e^;
5. The Hearing Officer shall have the powers set forth in Section 1.05.070(C)(1) through (4) and
6. A hearing before the Hearing Officer maybe set for a date that is not less than fifteen (15) and
not more than sixty (60) days from the date that the request for hearing is filed in accordance with
the provisions of this chapter. The responsible person requesting the hearing shall be notified of
the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The
City and responsible person may mutually agree to waive, modify or change the date of the
proceeding;
7. All appeals of decisions shall be conducted in accordance with Section 1.05.080(B), (D), (F),
and (G), er any successer ss sectien, and shall comply with the following additional procedures:
a. At least ten (10) days prior to the hearing, the responsible person requesting the
hearing shall be provided with copies of the citations, reports and other documents or
evidence submitted or relied upon by the Finance Director, er the P;".,"ee ^iP^r*^r's
��r�r�'v- - -
b. No other discovery is permitted. Formal rules of evidence shall not apply.
Administrative hearings are intended to be informal in nature. Any relevant evidence shall
be admitted if it is the type of evidence on which reasonable persons are accustomed to
rely in the conduct of serious affairs, regardless of the existence of any common law or
statutory rules, which might make improper the admission of such evidence over
objection in civil actions in courts of competent jurisdiction in this State. Irrelevant and
unduly repetitious evidence shall be excluded;
c. The failure of any responsible person who has filed an appeal to appear at the hearing
shall constitute a failure to exhaust their administrative remedies;
SS2-188
8. After considering all of the testimony and evidence submitted at the hearing, the Hearing
Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision
the reasons for that decision:
a. The Hearing Officer may uphold or deny the decision and the decision of the Hearing
Officer shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ.
Proc. Section 1094.5: and
b. The responsible person who has filed an appeal shall be served with a copy of the
Hearing Officer's written decision, by the City Clerk, in the manner provided in Section
SS2-189
Title 6
HEALTH AND SANITATION
6.04 Garbage, Refuse and Cuttings
6.05 Use of Expanded Polystyrene Disposable Food Service Ware
6.06 State Mandated Municipal Solid Waste Diversion Programs
6.08 Food Handling Services
6.25 Regulation of Smoking in Public Areas and W nrk Planes-
SS2-190
Chapter 6.04
GARBAGE, REFUSE AND CUTTING
6.04.020 Definitions.
"Municipal solid waste" or "MSW" means putrescible and non_putrescible solid and semisolid wastes
generated in or upon, related to the occupancy of, remaining or emanating from any premises within City
including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial
appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes.
For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps,
green waste, wood waste or construction and demolition debris which shall be separated and segregated
from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2)
low-level radioactive waste regulated under California Cal. Health & andSaf.ety Code Section 114960 et
seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act,
Cal. a -Health &ate Safety Code Section 117600 et seq.
6.04.040 Leaf Blowers.
A. Definitions.
1. "Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of air to,
propel or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris.
This definition shall include "mechanical blowers" as that term is used in Chapter 10.28. "Leaf
blowers" shall not include any leaf or refuse vacuum.
2. "Common interest development" and "association" shall be defined as those terms are
defined in Cal. a CivA Code Sections 4100 and 4800. resaectively. 1351
6.04.060 Collection of Solid Waste and Divertible Materials.
B. No person, except an individual acting within the course and scope of their agency or employment
with the City, a sanitary district, or a private collector licensed or contracted by the City, shall manipulate
or remove from any place or premises in the City, or transport over public streets, any solid waste, or
divertible materials.
E 1. Any person, with the permission and consent of the property owner, from gathering and Ferneving
solid waste, construction and demolition debris, green waste and/or wood waste generated by
construction, landscaping or gardening on the property when the solid waste and/or divertible material
have not been set out for collection by the City, a sanitary district, or a private collector licensed or
contracted by the City; provided, that such activities are in compliance with all provisions of this Code
including, but not limited to, the provisions of Chapter 6.06;
E. 3. The immediate removal by any person of solid waste, food scraps, and other divertible material
which the Health Officer, Code Enforcement Supervisor, City Manager er his/her designee, Fire Chief,
Building Official, Public Works Director, or their agents have determined to constitute a nuisance or an
immediate threat to the public health, safety and welfare;
SS2-191
6.04.100 Prohibited Material.
A 6. Liquids, paints or any substance the disposal of which is regulated by the Federal Hazardous
Substances Act, the Carpenter -Presley -Tanner Hazardous Substance Account Act, or regulations adopted
pursuant thereto;
6.04.140 Costs Defrayed from Ad Valorem Tax Revenue.
The cost and expense of collecting, hauling away and disposing of garbage, refuse and cuttings, as those
terms are defined by Sections 6.04.010 6.04.020 for any dwelling or dwelling unit, existing
or future, within the boundaries of the City as of November 1, 1996, that receives curbside container
refuse collection service from the City, shall be defrayed exclusively from the ad valorem tax revenues of
the City.
[Note: The definition of "garbage, refuse and cuttings" referred to in Ordinance 96-46 adopted by the
voters is now set forth in Section 6.04.020.]
6.04.200 Prohibited Disposal.
B. On Own Property. No owner of real property shall throw, depositor leave, or knowingly permit another
to throw, deposit or leave, solid waste or divertible material on such real property, nor shall he or she fail,
neglect or refuse to wholly remove solid waste or divertible material from such real property, within three
days after receipt of written notice by the Code Enforcement Supervisor, or Public Works Director e-P
theiF designee to do so.
6.04.230 Violation, Penalties and Enforcement.
its Of this ehapt r
Q— Except for violations of Section 6.04.060, which may be prosecuted as a misdemeanor or infraction,
any person violating any of the provisions or failing to comply with any of the requirements of this chapter
shall be guilty of an infraction pursuant to the provisions of Section 1.04.010(A).
)r failiRg te cemply with any ef the requ a rP-.M.P-.Atr- ef. t-.h..S chapter is subject te the issuance ef an
SS2-192
Chapter 6.05
USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE
6.05.010 Definitions.
I. "Restaurant" means any establishment located within the City of Newport Beach that sells prepared
food for consumption on, near, or off its premises by customers. "Restaurant," for purposes of this chapter,
includes mobile food preparation units as defined in Sections 6.08.120 and 6.08.130 of the City of thise
Newp rt Beach M,,nieipa4 Code.
6.05.040 Undue Hardship.
A. The City Manager er his/her designee may exempt a food provider from the requirements of this
ordinance for up to a one-year period, based upon a written request from the applicant containing
sufficient information to determine that the conditions of this ordinance would cause undue hardship. An
"undue hardship" shall be found in the following situations:
1. Situations unique to the food provider where there are no reasonable alternatives to expanded
polystyrene disposable food service ware and compliance with this chapter would cause
significant economic hardship to that food provider;
2. Situations where no reasonably feasible available alternatives exist to a specific and necessary
expanded polystyrene food service ware.
A food vendor granted an exemption by the City must reapply prior to the end of the exemption period
and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may
only be granted for intervals not to exceed one year.
B. An exemption application shall include all information necessary for the Assistant City Manager-e-r
his/her desigRee to make 4ia decision, including but not limited to documentation showing the
factual support for the claimed exemption. The Apt City Manager er has her designee may require
the applicant to provide additional information to permit the Director to determine facts regarding the
exemption application.
C. The AssiStaRt City Manager ^~ his/her desigRee may approve the exemption application, in whole or
in part, with or without conditions.
D. Exemption decisions are effective within thirty (30) days, unless appealed to the City Manager within
fifteen (15) days. The City Manager's decision shall be final.
6.05.050 Enforcement.
A. -Any person violating or failing to comply with any of the requirements of this Chapter shall be guilty
of an infraction pursuant to Section 1.04.010, and `hall be subject to eitatieR and fie nt to ChapteF
1.05, Newpert Beach Municipal Cede.
R_ The City Attemey may seek legal, injunctive, E)F other equitable Felief te e4e.rce this Chapter.
SS2-193
Chapter 6.06
STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS
6.06.010 Definitions.
"Director" means the Director of the Public Works Department
"Food facility" shall have the same meaning as that term is defined in Section 113789 of the California Cal.
Health &ate Safety Code.
"Food recovery organization" means an entity that collects or receives edible food from commercial edible
food generators and distributes that edible food to the public for food recovery either directly or through
other entities, including, but not limited to, a: (1) food bank as defined in Section 113783 of the Cal. Health
&ate Saf.eW Code; (2) nonprofit charitable organization as defined in Section 113841 of the Cal. Health
&ate Safety Code; and (3) nonprofit charitable temporary food facility as defined in Seetie^ 1244' .,f
toe —Cal. Health & PA —Safety Code Section 113842. For purposes of this chapter, a food recovery
organization is not a commercial edible food generator.
"Food scraps" means discarded material resulting from the production, processing, preparation or cooking
of food for human consumption that is separated from municipal solid waste and includes surplus or
unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food
such as vegetables, culls, and plate scrapings. Food scraps include food from food facilities as defined in
Calmfemma-Cal. Health &ate Safety Code Section 113789, food processing establishments (as defined in
Ea'i#ernie Cal. Health &ate Safety Code Section 111955), grocery stores, farmers' markets, institutional
cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps.
For purposes of this chapter, "food scraps" does not include edible food for human consumption that is
donated or sold or food soiled paper.
"Municipal solid waste" or "MSW" means putrescible and non_putrescible solid and semisolid wastes
generated in or upon, related to the occupancy of, remaining or emanating from any premises within City
including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial
appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes.
For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps,
green waste, wood waste or construction and demolition debris which shall be separated and segregated
from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2)
low-level radioactive waste regulated under C^"�Ra Cal. Health &ate Saf.ew Code Section 114960 et
seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act,
Cal. a Health &ate Safety Code Section 117600 et seq.
"SB 1383 generator" means all entities that generate food scraps, green waste, wood and other material
that can be collected, recovered, and recycled into new products including compost, biofuel, or electricity,
as codified in Cal. Pub.4e Resources Code Section 42652, in a Statewide effort to reduce emissions of short-
lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
6.06.080 Reporting, Inspections, and Compliance Verification.
A. The City's representatives and er desigRee areis authorized to conduct inspections and investigations,
at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or
SS2-194
disposal facility for materials collected from generators, or source separated materials to confirm
compliance with this chapter by AB 341 generators, SB 1383 generators, property owners, commercial
edible food generators, haulers, self -haulers, food recovery services, and food recovery organizations,
subject to applicable laws. This section does not authorize the City eF its deSig^^ to enter the interior of
a private residential property for inspection.
B. Generators shall provide or arrange for access during all inspections (with the exception of residential
property interiors) and shall cooperate with the City's employee er its desig^^^ during such inspections
and investigations. Such inspections and investigations may include confirmation of proper placement of
materials in containers, edible food recovery activities, records, or any other requirement of this chapter
described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to
records for any inspection or investigation is a violation of this chapter and may result in penalties
described.
C. Any records obtained by the City during its inspections, and other reviews shall be subject to the
requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal.
GOV_eFRFAeRR Code Section 6250 et seq.
D. The City's representatives Rd/eF designee aFe is authorized to conduct any inspections, or other
investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be potentially
noncompliant, including receipt of anonymous complaints.
6.06.100 Diversion Programs Required at Special Events.
I. The promoter, coordinator or responsible party shall submit the following information to the City
within thirty (30) calendar days of the end of the special event:
1. Name and date(s) of the special event;
2. Contact information for the responsible party, promoter or coordinator;
3. Address of location where event was held;
4. Number of attendees for each day of the event;
5. Quantity of municipal solid waste collected and disposed;
6. Quantity of recyclable materials collected and diverted;
7. Quantity of food scraps collected and diverted; and
8. Copies of weight tickets from municipal solid waste disposal facility and all permitted
processing facilities where recyclable materials and food scraps were delivered.
6.06.110 Requirements for Commercial Edible Food Generators.
A. Tier one commercial edible food generators must comply with the requirements of this section
commencing January 1, 2022, and tier two commercial edible food generators must comply commencing
January 1, 2024, pursuant to 14 CCR Section 18995.14-.4.
SS2-195
C 4. Allow the City or its designee -to access the premises and review records pursuant to 14 CCR Section
18991.4; and
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the
California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and
school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State
of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to der
of Part )7 .,f 4 ^f T;*l^ _2 ^f th, Cal. Ed.eatien Code Title 2, Division 4, Part 27, Chapter 9, and to
amend SeGtiG^ 114079 ^f the Cal Health &ate Sate-ty Code Section 114079; relating to food safety, —as
amended, supplemented, superseded and replaeted fre.m. time te time.
6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional
Agencies.
C. Food recovery organizations and food recovery services that have their primary address physically
located in the City and contract with or have written agreements with one or more commercial edible food
generator pursuant to 14 CCR Section 18991.3(b) shall report to the City it is'e-sate' i.^ the total pounds
of edible food recovered in the previous calendar year from the tier one and tier two commercial edible
food generators they have established a contract or written agreement with pursuant to 14 CCR Section
18991.3(b)AA_ .1ater+haA n aFGh 31, 20
6.06.140 Waivers.
E. The Director's decision shall be final thirty (30) ealendaF days after notice is provided to the applicant
in the manner provided in Section 1.08.080, unless appealed to the Assistant City Manager within that
time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the
Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete
his/her review and issue a written decision upholding, overturning or modifying the decision of the
Director within thirty (30) calendar days. The decision of the Assistant City Manager shall be final.
6.06.150 Enforcement.
City staff and r
designee.
SS2-196
AS. Process for Enforcement.
1. The Public Works Director er his/her designee will monitor compliance with the ordinance
randomly and through compliance reviews, route reviews, investigation of complaints, and an
inspection program. Section 6.06.080 establishes the City's right to conduct inspections and
investigations.
2. The City may issue an official notification to notify regulated entities of its obligations under
this chapter.
3. The City shall issue a notice of violation requiring compliance within sixty (60) days of issuance
of the notice.
4. Absent compliance by the respondent within the deadline set forth in the notice of violation,
the City shall commence an action to impose penalties, via an administrative citation and fine,
pursuant to Chapter 1.05 (Administrative Code Enforcement Program).
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for
the City or if no such address is available, to the owner at the address of the dwelling or commercial
property or to the party responsible for paying for the collection services, depending upon available
information.
B€. Penalty Amounts for Types of Violations. The penalty levels areas set forth in Section 1.05.020 subject
to any minimum or maximum penalty amounts imposed by SB 1383.
CJ=. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set
forth in a notice of violation issued in accordance with this section if it finds that there are extenuating
circumstances beyond the control of the respondent that make compliance within the deadlines
impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural
disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in recycling infrastructure or edible food recovery capacity and the City is under
a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those
deficiencies
D.G-. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected
violation may request a hearing to appeal the citation pursuant to Section 1.0565.060.
E#. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023,
the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending
upon the type of regulated entity, to determine compliance, and if the City determines that a food scrap
and green waste generator, self -hauler, hauler, tier one commercial edible food generator, food recovery
organization, food recovery service, or other entity is not in compliance, it shall provide educational
materials to the entity describing its obligations under this chapter and a notice that compliance is
required by January 1, 2022, and that violations may be subject to administrative civil penalties starting
on January 1, 2024.
SS2-197
R. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that the SB 1383
generator, self -hauler, hauler, tier one or tier two commercial edible food generator, food recovery
organization, food recovery service, or other entity is not in compliance with this chapter, it shall document
the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this
section.
SS2-198
Chapter 6.08
FOOD HANDLING SERVICES
6.08.010 Authorization.
The purpose of this chapter is to authorize the County Health Officer to enforce and observe in the City 4
"'ewpert °^ae-h all orders and quarantine regulations prescribed by the State Department of Health
Services, the Calera Health ate& Safety Code and all other applicable statutes and regulations relating
to public health, pursuant to the authority of Cal.a Health &a-r4 Safety Code Section 101375.
6.08.020 Definitions.
The following terms used in this chapter shall have the meanings indicated below, and shall a's^ iRG1 1de
aRY ameRdrAP—At-'; A—r GhaRges made te -1;PK#iA-.A1-; A-f thP- QlifArnia HP-1th and Safety Cede after
dy-1, '�:
"Certified farmers' market" shall be as defined in Cal. Health & Saf. Code Section 113742-5 ^f the C--,';fA-FRia
u alth -A.Ad- Safety Cede.
"Commissary" shall be as defined in Cal. Health & Saf. Code Section 1137510 r,f the C-alifE)FRia Health and
Smecy-cvcrc
C A PI e
"Food facility" shall be as defined in Cal. Health & Saf. Code Section 113789-5 ^f the cc^';fe..^;a Wealth and —
Safety Cede
"Food processing establishment" shall be as defined in Cal. Health & Saf. Code Section 111955Af #e
C---al6fA-.rAia Wp-alth ;and- -Safety Cade.
"Inspector" means a registered environmental health specialist, as defined in Cal Health &add Saf.ety Code
Section 106615, employed by the Health Department, or the Health Officer or any deputy Health Officer
authorized to inspect premises or equipment for the enforcement of this article.
"Mobile food preparatien u^4acility" shall be as defined in Cal. Health & Saf. Code Section 11383115e#
the !'-Iaf.,rni-p uo-l+h a.nd Safety Cede.
"Open air far-ailuty" shall be a-- defined in Sectien 11393 -0 A-f thiQ C-4;14fn niA Health A Ad Safety Cede,
"Produce stand" shall be as defined in Cal. Health & Saf. Code Section 113879-9-9 ^f the C-al;f^rn;., Wpalth
"Restricted food service transient eee paney ^stab' ,hm^^*facility" shall be as defined in Cal. Health & Saf.
Code Section 113893
"Satellite food service" shall be as defined in Cal. Health & Saf. Code Section 11389990
of the C@1if.,rn*a HP-alth and Safety Cede.
"Temporary food facility" shall be as defined in Cal. Health & Saf. Code Section 1139302495 Atee
Calafernaa Health and safety Code.
SS2-199
"Vehicle" shall be as defiRed iR SeCtiOR M900 of the CalifOFRia Health and Safety Code be as defined in
Cal. Veh. Section 670.
"Vending machine" shall be as defined in Cal. Health & Saf. Code Section 1139038-3 of the Califern;-,Health
and Safety Code.
6.08.030 Permit Required —Conditions and Terms.
A. It shall b6s unlawful for any person to operate any food facility, vending machine business, fee4
any other food handling business within the City of Newport Beach without
first applying for and receiving a food vending permit issued by the Health Department under the
provisions of this chapter.
B. Every applicant for a food vending permit shall file with the Health Department a written application
which shall state the name and address of the applicant, the character and location of the activity for
which a permit is required under this chapter and such other information as the Health Department may
require. Applicants for a permit to operate a mobile food acility shall, in addition, provide
a list of threes service stops which shall include the address of exact location and time of each stop.
6.08.040 Construction, Conversion and Alteration.
A person proposing to build or remodel a food facility, vending machine business, food processing
establishment, or any other food handling business governed by this chapter, shall submit three j3copies
of the complete plans and specifications to the Health Department for review and approval pursuant to
the applicable requirements of the Cal. Health & Saf. CodeG_al;f „;-, Health .,nd_ Safety Code. The Health
Officer may thereafter issue a certificate stating what modifications, if any, are required for compliance
with applicable laws and ordinances.
6.08.060 Notice of Violation.
When any State laws, this chapter, or Department rules and regulations have been violated, an inspector
may serve a written notice entitled "notice of violation," specifying:
F. That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the
Health Department does not receive notice that all such corrections have been made before 9:OOniqe a.m.
of the date specified under subsection (D) of this section, the permit will be subject to suspension or
revocation from that time until all violations have been corrected.
6.08.070 Hearing.
A. The hearing shall be held by a hearing officer who is the Health Officer or his or her duly authorized
representative and a qual+fie4- environmental health specialist as defined in Cal. Health & Saf.
Code Section 106615 of the Mealt" and Safety Co and registered as provided in Cal. Health & Saf. Code
Section 106710 thereof, but shall not be the inspector who reported the violations or who inspected any
corrective measure taken.
B. The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice.
A written request for a hearing shall be made by the permittee within fifteen (15) ealepplar days after
receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt of the
notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer
SS2-200
may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit
suspension or revocation process.
C. The hearing shall be held within fifteen (15) ealendar of the receipt of a request for a hearing.
Upon written request of the permittee, the hearing officer may postpone any hearing date, if
circumstances warrant such action.
6.08.090 Summary Suspension.
C. At any time within fifteen (15) calendaF days after service of a notice pursuant to subsection (B) of
this section, the permittee may request in writing a hearing before a hearing officer to show cause why
the permit suspension is not warranted. The hearing shall be held within fifteen (15) ealendar of the
receipt of a request for a hearing. A failure to request a hearing within fifteen (15) calendar days shall be
deemed a waiver of the right to such hearing.
6.08.120 Mobile Food Preparation Units Generally.
In addition to all other applicable provisions of the Cal. Health &a-R4 Saf.fety Code and of this chapter,
mobile food preparation units shall comply with the following safety requirements:
6.08.140 Fees.
Applications for a food vending permit shall be filed with the Health Department on a form to be
provided by the Department. Applications shall be accompanied by payment of the required fee. The
required fee shall be any such fee adopted by resolution of the County Board of Supervisors to be paid
by the permittee directly to the Health Officer and retained by the County as reimbursement for services
related to this chapter, as authorized by Section 101325 of the CaLifemia Health &a-A4 Saf.ety Code.
SS2-201
Chapter 6.25
REGULATION OF SMOKING IN PUBLIC AREAS AND INGRKoi ACES
Sections:
6.25.005 Purpose and Intent.
6.25.010 Definitions.
6.25.020 Regulation of Smoking in Public Places.
6.25.025 RoR--- '^*i^^ ^f !-;rngkince On Restau,-ants,Disoosal Where Smokine is Prohibited.
6.25.040 Posting of Signs Required.
6.25.060 Penalties.
6.25.005 Purpose and Intent.
The City Council finds and declares as follows:
A. There is ample evidence to prove that the smoking of tobacco and other substances is a danger to the
health of smokers and others who, because of proximity to the smoker or inadequate ventilation, are
subject to the smoke; and
B. The presence of smoke in the environment also constitutes a material annoyance and discomfort to
non-smokers and may Feduce preductivity er increase this-,.-...,,,y a.,. eng c _, erl(ers;
C. The California Legislature has determined that tobacco smoke is a hazard to the health of the general
public and has empowered local public entities to ban or regulate smoking in any manner not inconsistent
with State law; and
D. This ordinance furthers the public health, safety and welfare by prohibiting smoking in certain public
areas
6.25.010 Definitions.
specified in Sectiens 3361, 3361.5, 3363.5 crBBb3.6 n-f the Laber Cede.
SS2-202
"Empleyer" shall mean aRY
whe
rpartnership,Gerperatien,including MLARicipal cerperatien,
.,Iey s the Servicesof. .,., e thar, f.,61r p
"
aFeasr
"Smoke" or "smoking" means and includes inhaling, exhaling, burning, or carrying any lighted smoking
equipment for tobacco, cannabis, or any other weed or plant. "Smoke" and "smoking" shall include
inhaling or exhaling e-liquid, vape juice, nicotine, cannabis, cannabidiol, terpenes, synthetic cannabinoids
or other chemicals or substances in an aerosolized or vaporized form.
6.25.020 Regulation of Smoking in Public Places.
B. Hospitals and Health Care Facilities.
Smoking is prohibited and unlawful iln public areas of health care facilities and hospitals, as
defined in Cal. Health & Saf. Code Section 1250, of the Califernia Health -and Safety GedL, g
prohibited, except in specially designated
smoking areas, which may be all or part of a public area.
2. Every publiely E)F privately E)WReE-I health care facility, iRGlUdiRg heSpitals, shall make a
Sta4r and the eReFal •
"STAPP AND VISITOR SMOKING PROHIBITED" SigRS Shall -he
cens `ic a sly pelted a such
D. Theaters and Auditoriums. Smoking is prohibited and is unlawful in every publicly or privately owned
theater, auditorium, or other similarly enclosed facility which is open to the public for the primary purpose
of exhibiting any motion picture, stage production, musical recital, sporting event, or any other
performance
Every ewneF and/er M@Rager ef suGh theater-, auditerium, er ether eanc--le-sed f-AE:61ity used f9F the purpeses
statted- herein, shall post signs conspicueusly in the lobby statiRg that SFROI(ORg OS PFE)hibitted- v4ithffin the
upen the n fer Pit least five secends hofero rh.,. ing feature ., etien pict� �ro�
F. +ndeer Service Lines. Smoking is prohibited and is unlawful in iedeer service lines in which more than
one person is giving or receiving services of any kind.
G. Areas Posted as No Smoking. Smoking is prohibited and is unlawful within fifty (50) feet of any area
posted as a non-smoking area.
H. Schools, or Day Care Center. Smoking is prohibited and unlawful within 1,000 feet of a school, or day
care center.
I. Outdoor Dining. Smoking is prohibited and unlawful within fifty (50) feet of any outdoor dining area
lawfully provided by an eating and drinking establishment.
SS2-203
J. Parked Vehicle. Smoking is prohibited and unlawful in any vehicle that is parked on public property, if
the smoking is detectible outside of the vehicle.
K. Parks, Beaches and the Oceanfront Boardwalk. Smoking is prohibited and unlawful in any public park,
Park facility, beach, or the oceanfront boardwalk or within one hundred (100) feet of a public park, park
facility, or beach, while the person is located on public property. This prohibition shall not apply to a person
in an allev or in a car or truck that is being driven.
L. Farmers Markets. Smoking is prohibited and unlawful within fifty (50) feet of any farmers market or
event that is being conducted pursuant to a special event permit issued by the Citv.
6.25.025 Disposal Where Smoking is Prohibited.
No person shall dispose of anv cigarette. cigar. tobacco. or anv other instrument used to smoke or anv part
of an instrument used to smoke including, but not limited to, cigarette or cigar butt(s), ashes or used
matches in any place where smoking is prohibited under this chapter, except any specifically designated
smoking waste receptacle. Punishment under this section shall not preclude punishment pursuant to
Health & Saf. Code Section 13002, Pen. Code Section 374.4, or any other law proscribing the act of littering.
Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures
Provided .
aR -;#- h..-'; A-F he-F place of emplaymeRt. Using already available MeaAr-, A-f ;.XeRfilatie-A A-F SepaFation
er paFtitien of office spaee, the employer shall at -tempt to Feach -;; Peaq.A—Rah-le
2. Any employee in the effice weFi(place shall be pFevided the Fight t9 designate his A—p hp-.F
a• u
wArk
§"'m "v I(P--r_r.
SS2-204
accernmeclation by reassigning the to different
work the of
employee a
rl( to the
area, expanding size
by implementing me-a-sures
area subjeet pFehmbitien against smeking,
er ether
empleyee.
.
be
lettering IP__SS_ thaR A-A.e inch an
height,.
s signs shall pested se stating, containing all eapital
r +raSti g h- -LgF9 r J
G. the (A)(!) this
Ret
have the
pFevisiens ef subseetien ef seetiOR,
every empleyer shall Fight
C-Ar .d•ri.
T
IN
�1.1.
11M....
. . . . ... .. .
. .. .. .......
....
. ..
.. . .. .. .. .. .
.. .. . . .
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C. Nething OR this seGtien shall relieve any perseR frem the duty te pest signs er adept pelicies ass require -A
h..this char,+. r
6.25.060 Penalties.
A. It Shall be unlavWful te wilfully mutilate er destroy any signs required by this seet4en.
.-apeem relative te the adeptiori, implementation and
mainteriaRGe A-f _;; ne Smoking poliey is maridateFy but emphasis will be placed An vol-ritaicy employe-p
cerripliance. Persn-Fir- %vhe wilfully fail te comply with the previsiens ef. thiS e.rdin-Ance Shall be subject te
the penalties set felcth. in. subseetien (4.
SS2-205
D—The violation of any provision of this ordinance, or the failure to comply with any duty imposed by this
ordinance, shall be an infraction punishable by a fine as provided in Section 1.04.010 of this Code. A
... �.., r...,......... ... ....... .........�....� ... ...............�,..,
...........��.,.
... r.�..........�,,. ..., w.., r.�....... u..� ........ ��
G 7G A7A f.....,Fability.
-, p d.,r-IArP.J to h., .- AhI.,
SS2-206
Title 7
ANIMALS
Chapters:
7.04 Dogs
7.06 Horses Prohibited on Beaches
7.08 Wild Animals
7.12 Livestock
7.15 Fowl
7.16 Animals at Large —Impounding
7.20 Animal Nuisances
7.25 Apiaries
7.26 Protection of Natural Habitat for Migratory and Other Waterfowl
7.30 Wildlife Protection
7.35 Regulation of Kennels
SS2-207
Chapter 7.04
DOGS*
7.04.010 Definitions.
"Dog" means ;he-te "dog" `hall meap n� cl dle any dog or canine.
"Emotional support dog" means a dog that provides emotional, cognitive, or other similar support to an
individual with a disability, and that does not need to be trained or certified.
"Guide dog" means a guide dog that was trained by a person licensed under Cal. Bus & Prof. Code Section
7200 et. seq. or as defined in the regulations implementing Title III of the Americans with Disabilities Act,
being 42 U.S.C. Sections 12101 et seq., and does not include an emotional support dog.
"Service dog" means a dog individually trained to the requirements of the individual with a disability,
including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching
dropped items and does not include an emotional support dog.
"Signal dog" means a dog trained to alert an individual who is deaf or hard of hearing to intruders or
sounds and does not include an emotional support dog.
7.04.020 Leash Required.
No person having the care, charge or control of any dog shall cause or allow, either wtwillfully or
through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or
public place, or upon any private property or premises other than his or her own without written consent
of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain
not exceeding sixes feet in length and controlled by a person competent to restrain such dog. This section
shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as
designated by Sections 7.04.025, 7.04.030, and 7.04.050. This section shall not apply to any State, federal
or local government law enforcement officer while performing their duties.
7.04.025 Prohibited on School Grounds.
No person having the care, charge or control of any dog shall cause or allow, either wywillfully or
through failure to exercise due care or control, such dog to be present on or in any public school property
other than when specifically invited by the school administration.
The prohibitions contained in this section shall not be applicable to: any guide dog, service dog, or signal
dog or any dog being trained to be a guide dog, service dog signal dog pursuant to a recognized program
of training, provided the dog is on a leash and the person in charge has an official identification card issued
for such purposes; or any State, federal or local government law enforcement officer while performing
their duties.Eu*de deR while be*ne used bv a blind r)eFSOR i3revided that the deR is on leash. carries cleariv
7.04.030 Animals Prohibited on Public Beaches.
D 2. Any guide dog, service dog, or signal dog as defined by the .m.er;^-a^s ,.,;+" ^;-s,";';ties Aet ('!ADA `
or any dog being trained to be a guide dog, service dog signal dog efip-e�^ ^^^ pursuant to a
SS2-208
recognized program of training, provided the dog is on a leash and the person in charge has an official
identification card issued for such purposes,-
D 3. Any State, federal or local government law enforcement officer while performing their duties.
7.04.050 Dogs Prohibited.
D. The provisions of this section shall not apply to: any guide dog, service dog, or signal dog or any dog
being trained to be a guide dog, service dog signal dog pursuant to a recognized program of training,
provided the dog is on a leash and the person in charge has an official identification card issued for such
purposes; or any State, federal or local government law enforcement officer while performing their duties.
aRY blind usint,guide .deg p i.de d the .deg is I.,-,-sh
7.04.100 Biting Dog —Report —Custody and Control.
If the possessor or custodian of such dog cannot provide the Chief of Police with proof of current rabies
vaccination or when, in the opinion of the Public Health Officer, the situation warrants it, such dog shall
be impounded at the City's animal shelter and the expense shall be borne by the owner, possessor or
custodian of such dog, pending a petition pursuant to Cal.a Food &ate Agr+.eaft+w-ai Code Section
31601 et seq. to have the dog declared potentially dangerous or vicious.
This section shall not apply to any dog working with a State, federal or local government law enforcement
officer.
SS2-209
Chapter 7.06
HORSES PROHIBITED ON BEACHES
7.06.010 Horses Prohibited on Beaches and Parks.
No person having the care, charge or control of any horse, mule or donkey shall permit or allow such
animal to be present upon any beach or public park in the City. This section shall not apply to any: State,
federal or local government law enforcement officer while performing their duties; person utilizing the
animal in accordance with a valid special events permit issued pursuant to Chapter 11.03; or person who
is disabled who is using a miniature horse that has been individually trained to perform a specific task for
the Derson with the disabilitv.
7.06.020 Penalty.
n
Shable by the
SS2-210
Chapter 7.08
WILD ANIMALS
7.08.010 Wild Animal Defined.
The term "wild animal" means and includes any animal which may not be imported, transported or
possessed without first obtaining a California Department of Fish and Game permit, as set forth in T#I-e-14
e - CCR C-alif.,. P*a r^,,^ of Q^^=::ula iGRS, Section 671, er its suGeesser regulatien-S.This section shall not be
construed to include domestic dogs or cats.
7.08.040 Permit for Keeping Wild Animals.
C. Conditions —Issuance. The Chief of Police may issue a permit, valid for one year, for the keeping of any
wild animal if the Chief of Police-14e determines that such animal may be kept or maintained without
menacing the safety of any person or property; provided, however, that the City ManageFChief of Police
may impose such conditions in granting a permit as the Chief of Policei-ie may deem necessary to protect
the public and may limit the term of such permit.
D. Notice of Action. The applicant shall be notified in writing of the action of the Chief of Police in either
granting or denying the permit and, if the application has been denied, the notice shall advise the applicant
of the applicant's his right to appeal to the City Council. Service of the notice shall be made in the manner
provided in Section 1.08.080 FRay be ngade by peFsenal seFvwee r by registered w ;I If ser.viee is PR -de by
01 it shall he Pleemed eemplete upen depeSit an the United Stater Mail direeted te the applaeant at his
nia
SS2-211
Chapter 7.15
FOWL
7.15.020 Pigeons.
No person shall keep, maintain or have in his possession within any residential district in the City e#
"'ewpert Q any homing or racing pigeons without first obtaining a permit from the City Manager as
provided in Section 7.08.040 of thise "'ewpert Beaeh MURiGipal Code.
SS2-212
Chapter 7.16
ANIMALS AT LARGE —IMPOUNDING
Sections:
7.16.010
Animals at Large.
7.16.020
Impoundment.
7.16.040
Taking Possession of Animals —Notification.
7.16.050
Impoundment Fees.
7.16.060
Vivisection of Impounded Animals.
SS2-213
Chapter 7.16
ANIMALS AT LARGE — IMPOUNDING
SS2-214
Chapter 7.20
ANIMAL NUISANCES
7.20.020 Nuisances Committed by Animals.
C 2. Any guide dog or service dog, as defined by Section 7.04.010, while being used by a blind person e-r
SS2015
Chapter 7.25
APIARIES
7.25.010 Keeping of Apiaries —Prohibited.
It is unlawful for any person to maintain or keep an apiary as that term is defined in Se^*i^^ 29002 of the
Cal.+#eriqia Food ate& Agr_ieultuFa4 Code Section 29002 in any residential area within the
Cam.
SS2-216
Chapter 7.26
PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER WATERFOWL
Sections:
7.26.010 Findings.
7.26.020 Prohibition on Incubation.
7.26.030 Prohibition on Feeding of Waterfowl.
7.26.050 First and Second Violations —Warning and Education.
this ehapter shall be subje.-+ r., e ,iI finks aGGE)FdiRg tE) Ghapter 1 05
7.26.050 First and Second Violations —Warning and Education.
Prior to the issuance of any administrative citation un,lnr +hn .,,,theFity of c ctieR 7.26.040, the City or its
officers shall, in the first and second instances of any violation by any one person, issue a warning along
with educational material to any person found violating this chapter. The educational material shall state
the benefits to water quality and to habitat protection of this chapter's prohibitions.
SS2-217
Chapter 7.35
REGULATION OF KENNELS
Sections:
7.35.010
Definitions.
7.35.020
Operator's Permit Required.
7.35.030
Application for Operator's Permit.
7.35.040
Police Department Review.
7.35.050
Operator's Permit Issuance and Denial.
7.35.060
Requirements of Operation.
7.35.070
Humane Animal Care.
7.35.080
Kennel Construction Standards —General.
7.35.090
Kennel Operating Standards —General.
7.35.100
Indoor Kennel Standards.
7.35.110
Outdoor Kennel Standards.
7.35.120
Kennels for Dogs.
7.35.130
Cat Enclosure Construction.
7.35.140
Rabies Vaccination.
7.35.150
Identification.
7.35.160
Fees.
7.35.180 Transfer and Duration of Permits.
7.35.190 Suspension, Revocation, Denial and Appeal.
7.35.010 Definitions.
X-2-hief of PA -lice" Means the G-hief A-f Police of the Gity ef NewpeFt Beach, er hiS A-F he-F designated
representab.
"Non-profit organization" means a non-profit organization, as defined in S^eti^^ 50 (e)(3) of the Int.efpaf
Rev.enue Code Section 501(c)(3).
SS2-218
7.35.040 Police Department Review.
A. Time Limits and Notification. Within thirty (30) ealendar days of the filing of an application, the Chief
of Police shall determine whether the application is complete and notify the applicant in writing if the
application is determined to be incomplete.
B. Incomplete Applications. If the application is determined to be incomplete, the Chief of Police shall
notify the applicant in writing and shall specify those parts of the application which are incomplete and
shall indicate the manner in which they can be made complete, including a list and thorough description
of the specific information or materials needed to complete the application. Upon the receipt of the
information or materials needed to complete the application, or any resubmittal of the application, a new
thirty (30) ealendar day review period shall begin to determine the completeness of the application.
7.35.060 Requirements of Operation.
Al. Within eight (8) years preceding the date of the application or a renewal application, been convicted
on two occasions of violating any statute, rule or regulation prohibiting cruelty to animals, including, but
not limited to, any conviction of Cal.iferpia Pen.a4 Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g,
597h, 597i, 597j, 597k, 597m, 597n, 597o, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a,
598b, 598c, 598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any lesser
included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed
crimes;
AS. The operator shall report in writing any changes in address, ownership, or management to the Chief
of Police at least fifteen (15) calendar days prior to such change.
A 10. All operators, upon being granted a commercial kennel or non-profit kennel operator's permit, do
thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police
er ""her +"^FiZed designee for the purpose of conducting such inspections as he/she may deem
required. The inspections shall be conducted with the operator or manager present.
B 2. The operator shall report in writing any changes in address to the Chief of Police at least fifteen (15)
crdays prior to such change.
B 5. All operators, upon being granted a kennel operator's permit, do thereby consent and agree to the
entry upon the premises described in the permit by the Chief of Police ^r his ^r heir-*"^""^d designee
for the purpose of conducting such inspections as he or she may deem required upon seventy-two (72)
hours' written notice. The inspections shall be conducted with the operator present.
7.35.090 Kennel Operating Standards —General.
C. Health. No person shall display any animal bearing evidence of malnutrition, ill health, unhealed injury,
or having been kept in an unsanitary condition. Operator shall isolate sick or diseased animals from healthy
animals at all times and in such a way that diseases or parasites will not be transmitted to other animals.
The Chief of Police eF his/her designee may order any animal to be examined and/or treated by a
veterinarian.
SS2-219
7.35.180 Transfer and Duration of Permits.
C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of
the existing permit. Temporary permits will not be issued and renewal applications must be filed no later
than sixty (60) ealendaF prior to the expiration of the permit to prevent a lapse of the permit.
7.35.190 Suspension, Revocation, Denial and Appeal.
C 1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen
(15)) ealenda days of the date of mailing of the notice. The notice of appeal is to be sent to the Police
Department .,f the City f Newport Be -,eh.
SS2-220
Chapter 9.04
FIRE CODE
9.04.040 Amendment of Section 113.4 Failure to Comply.
Section 113.4 is amended to read as follows:
Section 113.4 Failure to comply. No-Aey person w449-shall continue any work after having been served with
a stop work order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be liable te a fiRe v0ith the Newpert Beach Municipal Cede Tifle A -Pe
1.0-444-8 "Vi latiE)n oe -,i+;P nd rnfo o nt;,
9.04.050 Amendment to Section 202 Definitions.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance
with the Cal.0fAPP+a Gov,eFRMeRt Code Section 51179, and by City of "'ewpon Rearh ordinance, which
contains the type and condition of vegetation, topography, climate and structure density which potentially
increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property.
For the purposes of this Ccode, Local Agency Very High Fire Hazard Severity Zones shall be considered to
be Very High Fire Hazard Severity Zones as defined in Cal. Gov.eFRFnent Code Section 51179.
9.04.060 Amendment to Section 305 Ignition Sources.
305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited
under this Cc -ode increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the
fire code official shall give notice to the owner of record to abate the hazard within thirty (30) ealenda
days.
The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is
not abated the City may take further action which can include, (1) the City, or its contractor, may enter
upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion
of such work the cost thereof, including administrative costs, can be billed to the property owner or can
become a special assessment against that parcel, and (3) that upon City Council confirmation of the
assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next
regular property tax bill levied against the parcel.
305.8.3 Service of notice. The fire code official shall notify the property owner of affected properties as
shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that
constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed
not less than fifteen (15) calendar days prior to the date of the proposed abatement.
305.8.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire
code official's determination that a fire hazard exists by sending a written appeal to the fire code official
within ten (10) ealendar of the mailing of the notice. The matter will be heard by the Building and
Fire Board of Appeals as specified in Section 15.80 of thise "'ewpert Beach Municipal Code.
305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of the fire code shall be held before
the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts
and testimony may include testimony on the condition of the property and circumstances related to the
SS2-221
fire hazard. The owner of the land may appear in person or present a sworn written statement in time for
consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such
other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The
decision of the fire code official or Fire Chief shall be final as to the City but subject to judicial review
pursuant to Cal. Code Civ. Proc. Section 1094.5. a44d-The decision shall be sent to the property owner via
certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) ealendar
days.
305.8.7 Emergency private property abatement. When in the opinion of the fire code official a substandard
structure or substandard property is an immediate hazard to life and property, and the fire code official
makes written findings to the effect that abatement of such a fire hazard requires immediate action, the
fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At
least twenty-four (24) hours prior to the abatement, the fire code official shall attempt to contact the
property owner to inform the property owner of the work to be done and request their assistance or
immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a
notice and mail to the property owner information regarding the nature of the work performed. Any
individual aggrieved by the action of the fire code official under this section, may appeal the determination
of the action to the Fire Chief, except that the appeal shall be filed within ten (10) ealend@F days from the
date of mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire
hazards shall become a special assessment against the property. In addition to the above costs, an
administrative processing fee established by resolution of the Council of the City of "'ewpaFt Reach, shall
be assessed against each parcel for City incurred costs associated with abatement. An additional
inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges
related to inspection services for vegetation hazard identification. The schedule for such fees shall be
maintained on file in the City Clerk's Oeffice.
The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related
to work performed in accordance with Cal. Gov.eMmeRt Code Section 38773.5. The property owner may
appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen
(15)calendardays of the mailing of the notice. Any appeal regarding the reasonableness of the assessment
of costs shall be heard by the Fire Chief.
If the total assessment determined as provided for in this section is not paid within thirty (30) rear
days after mailing of such notice or after a decision has been rendered on any appeal, the property owner
shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the
property pursuant to the procedures set forth in SeetiO^ 3877R 9 ^f the Cal. Gov. ;t Code Section
38773.5, which is incorporated herein by this reference.
9.04.280 Amendments to Section 903.2.8 Group R.
5. Pursuant to Cal. Health &aed Saf.ety Code, Section 13113, occupancies housing ambulatory children
only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or
portions thereof in which such children are housed are not more than two stories in height, and building
or portions thereof housing such children have an automatic fire alarm system activated by approved
smoke detectors.
SS2-222
6. Pursuant to Cal. Health &apA-_Saf.ety Code, Section 13143.6, occupancies licensed for protective social
care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is
elderly (65 years of age or over).
When not used in accordance with in Seetien 504.2 ^r 50A 2 ^f the Galife—rni ' B ildi g Cede, area or height
increases for automatic fire sprinklers as set forth in the Cal. Building Code, an automatic sprinkler system
installed in accordance with Section 903.3.1.23 shall be allowed in Group R-2.1 occupancies. An automatic
sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4
occupancies.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in any residential district or any
residential area of a planned community district, as defined in Section 20.14.020 of the Ne w pee Beaeh
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of "'ewpeFt Beach designates those areas identified in green on the map attached to the
ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard
Severity Zone for the City in accordance with S^Cti^^ 51179 ^f the Cal. Gov.eMmeRt Code Section 51179.
SS2-223
Title 10
OFFENSES AND NUISANCES
Chapters:
10.04 Intoxicating Liquor
10.06 Human Waste
10.08 Interference With Public Access
10.12 Interfering With Law Enforcement
10.14 Prohibition Against Camping in Public Places
10.16 Gambling
10.24 Discharge of Weapons
10.26 Community Noise Control
10.28 Loud and Unreasonable Noise
10.32 Sound -Amplifying Equipment
10.36 Minor's Curfew
10.48 Weed and Rubbish Abatement
10.50 Public Nuisance Abatement
10.52 Abandoned or Wrecked Vehicles
10.54 Public Nudity
1S.5b Drug o-.Fapl;eF1; 4-.
10.58 Police Services at Large Parties, Gatherings or Events on Private Property
10.59 Graffiti
10.60 Regulation of Display of Material, Which is Harmful to Minors, in a Public Place
10.64 Construction and Maintenance Projects in Residential Districts
10.66 Loud and Unruly Gatherings
10.68 Targeted Residential Picketing
10.70 Medical Mari uanaCannabis Regulations
SS2-224
Chapter 10.04
INTOXICATING LIQUOR
10.04.010 Drinking in Public.
A. No person shall drink or consume any alcoholic beverage,
.,h„-h have been par:;iall„ r,,.,,,,ved in or on any public street or alley, public sidewalk, public or private
parking lot, public restroom, public pier, private pier open to the public upon the payment of any fee,
public beach, vacant lot, or public park or private property which is open to public view, without the
consent of the owner or person in lawful possession or control of the private property. The provisions of
this section shall also applyto any beach or public parkingfacility in the area commonly known as Newport
Dunes.
B No person shall possess any can, bottle or other receptacle containing any alcoholic beverage
which has been opened, or a seal broken, or the contents of which have been partially removed, in or on
any public street or alley, public sidewalk, public or private parking lot, public restroom, public pier, private
pier open to the public upon the payment of any fee, public beach, vacant lot, or public park, or private
property which is open to public view, without the consent of the owner or person in lawful possession or
control of the private property. The provisions of this section shall also apply to any beach or public parking
facilitv in the area commonlv known as Newport Dunes.
C. Alcoholic beverages as used in this section includes alcohol, spirits, wine or beer and which
contains one-half of one (0.5) percent or more of alcohol by volume, and which is fit for beverage
purposes. either alone or when distilled. mixed or combined with other substance.
D. The provisions of this section shall not apply where the consumption or possession is within
premises located in a park or other public place for which a license has been issued pursuant to Cal. Bus
& Prof. Code, Division 9, pursuant to an approved special event permit in compliance with Chapter 11.03,
or where the consumption or possession is within the outdoor area of a lawfullv permitted eatine and
drinkine establishment.
E. Any person violating or failing to comply with Section 10.04.010(B) shall be guilty of an infraction,
and subject to punishment as set forth in this Code.
SS2-225
Chapter 10.06
HUMAN WASTE
10.06.010 Human Waste.
No person shall urinate or defecate ^F his bowels on private property in an area exposed to the
public view, or on any public street, sidewalk, alley, park, beach or other public place except in a public or
private restroom.
SS2-226
Chapter 10.08
INTERFERENCE WITH PUBLIC ACCESS*
10.08.005 Definitions.
"Day care center" shall have the same meaning as set forth in Section 1.08.120 Means aid care -infant
center-, and child eare center (prescheel) lieensed by the State ef Califemia DepaFtment ef Secial Selpogie-e-S
Newpert Beach; GaFden Hall; Catalyst Kids NewpeFt Heights; Christ Church by thp- -Sp-a C-hmlplren's CenteF;
"School" shall have the same meaning as set forth in Section 1.08.120^^^@^s an institution ^f'^^•^ ^^
whetheF public or private, whieh e4ers in persE)R iRStFUG:ViGR iR grades K through twelve (12) OR thOSe
Newport Heights EleRqeRtaFy SGhE)E)I; OUP Lady QUeeR of ARge'S C--a*hA-lOC--. SC --.heel; Pacifica ChFiS:ViaR HigI4
Scheel; and Sage Hall High Seheel.
10.08.030 Use of Streets and Sidewalks for Commercial Purposes.
B 5. For the temporary sale or display of goods or merchandise in conjunction with a special event for
which a permit has been issued by the City Manager OF desigRee pursuant to Chapter 11.03 of this Code
and the City Council has approved a resolution of street closure pursuant to authorization granted by the
Cal. a Vehk e. Code;
6. For the conduct of special celebrations, sporting events or similar activities involving a nonprofit
corporation, nonprofit association, community organization or similar entity provided a permit is issued
by the City Manager ervr deSigRee pursuant to Chapter 11.03 of this Code, the City Council has adopted a
street closure resolution pursuant to the authority granted by the Cal.ifeFRia Vehj6e. Code and, the event,
celebration or activity is consistent with Council Policy;
C. 6. The sponsor of the event shall provide, at the sponsors sole cost and expense, all security personnel
and traffic control equipment required by the City Manager OF
C 7. The sponsor of the celebration or event shall provide _insurance, which types and
amounts shall be determined by the Risk Manager. adeq to to pFeteet the Git , with the City designat �
D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions
imposed by the City Council, or City Manager ^ee pursuant to resolution or permit.
SS2-227
Chapter 10.12
INTERFERING WITH LAW ENFORCEMENT
Sections:
10.12.010 False Report to Police/Animal Control Officer.
10.12.020 Interference.
10.12.020 Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of
this title while such person is engaged in the performance of his or her duties.
SS2-228
Chapter 10.14
PROHIBITION AGAINST CAMPING IN PUBLIC PLACES
10.14.010 Definitions.
"Public park" or "park facility" shall have the same meaning as set forth in Section 1.08.120,;;p;;nr,-arl
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SS2-229
Chapter 10.16
GAMBLING*
10.16.010 Gambling Prohibited.
It shall be unlawful for any person to play or bet at or against any game not mentioned in se&* 9^S 990 e�
22-ef. the -Cal. Pen.a4 Code Sections 330 or 330aef the St -;At Af C-.;;IifArPia, which is played, conducted,
dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit,
merchandise or any other representative of value.
10.16.020 Use of Premises for Gambling.
No person, either as principal, agent, employee or otherwise, shall knowingly permit any building, house,
apartment, room or place owned or rented by him or under his charge or control in the City, to be used in
whole or in part as a gambling house or place for playing, conducting, dealing or carrying on any game not
mentioned in SeCtiORS 330 and 320-, .,f+h. Cal. Pen.a4 Code Sections 330 or 330aef the State .,f CA16f^.^,-
which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money,
checks, chips, credit, merchandise or any other representative of value.
10.16.030 Operating Gambling Place.
No person, either as principal, agent, employee or otherwise, shall operate, conduct or maintain within
the City any building, house, apartment, place or room used in whole or part as a gambling house or place
for playing, conducting, dealing or carrying on any game not mentioned in SeGtiO^S 330 and- 32-0-, f rh^
Cal. Pen.a4 CodeA-f the +,+^ .,f r;;lifAPRi;; Sections 330 or 330a, which is played, conducted, dealt or carried
on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any
other representative of value.
SS2-230
Chapter 10.24
DISCHARGE OF WEAPONS*
10.24.010 Discharge of Weapons —Permission Required.
It is declared unlawful for any person or persons, except peace officers in the discharge of their duties, to
discharge or cause to be discharged within the corporate limits of the City of Newport Beach any rifle,
shotgun, pistol, revolver or other firearm, or any air -gun, air -pistol or air -rifle, or any other device which
forcefully discharges a projectile from a barrel, unless the person or persons have first obtained permission
in writing so to do from the Chief of Police. This section shall not apply to any person who lawfully
discharges a firearm in self-defense of themself or another Derson.
SS2-231
Chapter 10.26
COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 Definitions.
10.26.015 Decibel Measurement Criteria.
10.26.020 Designated Noise Zones.
10.26.025 Exterior Noise Standards.
10.26.030 Interior Noise Standards.
10.26.035 Exemptions.
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions —
Special Provisions.
10.26.045 Heating, Venting and Air Conditioning —Special Provisions.
10.26.050 Sound -Amplifying Equipment.
10.26.055 Noise Level Measurement.
10.26.065 Proposed Developments.
10.26.070 Prima Facie Violation.
10.26.075 Violations.
10.26.080 Violations —Additional Remedies —Injunctions.
10.26.085 City Manager Waiver.
10.26.090 Noise Abatement Programs.
10.26.095 Manner of Enforcement.
10.26.005 Declaration of Policy.
B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and
contrary to public interest, therefore, the City Council of the City of "'ewpeFt Beaeh does ordain and
declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in
a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and
may be punished as a public nuisance. The ^Y,J;^,^r^ r^,J,f,^,J ;n this chapter ; effective thirty (30) .Jays
SS2-232
frern adeptien, hewever, all fixed neise seu. - exist4ng at the date ef adeption shall have ninety (90) days
frem the .Jerre of adee+;er, +e archae"e eemplianee with this ehaerer
10.26.010 Definitions.
any kind wReluding public
1!1 7G 1AA CeyeFability
chapter e hereh., deel-,r.,.J re be seve.r-Able.
SS2-233
Chapter 10.28
LOUD AND UNREASONABLE NOISE*
10.28.010 Loud and Unreasonable Noise.
10.28.020 Loud and Raucous Noise from Sound -Making or Amplifying Devices Prohibited.
10.28.040 Construction Activity —Noise Regulations.
B 3. Emergency work performed pursuant to written authorization of the Community Development
Director, or his or her designee
B 4. Maintenance, repair or improvement of any public work or facility by public employees, by any
person or persons acting pursuant to a public works contract, or by any person or persons performing such
work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception
shall not apply to the City of Newport Reach, or its employees, contractors or agents, unless:
D€. Designated High -Density Area. The term "designated high -density area" shall mean any shaded area
on the following map. See Exhibit A*. The geographical boundaries of a homeowners' association, as
defined in subsection (F) of this section, shall be excluded from the definition of a "designated high -density
area" if the City Council adopts a resolution pursuant to subsection (F) of this section.
E€. A homeowners' association located within a designated high -density area may exclude the
geographical boundaries of the homeowners' association from the definition of a designated high -density
area if:
10.28.045 Real Property Maintenance —Noise Regulations.
El. Emergency property maintenance authorized by the Community Development Director, ^nor
Vie;
F. Pe.nalties. Any person i.qhA vaAl;#ps any Prev Af thk sectien is guilty of -A Misidle-Meaner unless the
SS2-234
Chapter 10.32
SOUND -AMPLIFYING EQUIPMENT
10.32.040 Issuance of Permit.
A. Upon receiving a complete application for a permit for the use of sound -amplifying equipment or a
sound truck, the Finance Director 9F designee shall conduct an investigation within ten (10) days of receipt
of a complete application to determine whether to approve the application. Unless the application is
denied pursuant to subsection (B) of this section, the Finance Director_ eF designee shall approve or
conditionally approve the application for a permit if it is determined that all the requirements of this
chapter are met and if it appears from the information contained in the application and such additional
information as may be presented to the Finance Director ^fie that the proposed use of the sound -
amplifying equipment or sound truck complies with the regulations contained in Section 10.32.060. The
permit shall be nontransferable and valid for a period not to exceed sixes months.
C. Specification of Hours. If a permit is granted, the Finance Director or shall specify the hours
during which the sound -amplifying equipment or sound truck may be used after considering the needs of
the applicant, the area or areas in which the sound will be emitted, and the effects of such use on the
public's health, safety and welfare.
D. Appeals. Actions by the Finance Director ^fie may be appealed by any interested party to the
City Manager by filing a written statement with the City Clerk setting forth the facts and circumstances
regarding the action by the Finance Director ^met. The City Manager shall notify the appellant and
applicant in writing of the time and place of the hearing on the appeal. The hearing on appeal shall be
heard and determined by the City Manager within ten (10) days of receipt of a written appeal. The decision
of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ.
Proc. Section 1094.5.
SS2-235
Chapter 10.36
MINOR'S CURFEW
10.36.020 Definition.
For the purpose of this chapter, any person under the age of eighteen (18) years who is not an
"emancipated minor" as provided in Cal. Fam. Code Section 7002 shall be deemed a minor.
SS2-236
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SS2-237
Ne persen Shall Sell A-.r e4eF te sell, eF I(eep in steek fer the purpese ef sale, any electFoeal
,
SS2-238
SS2-239
Chapter 10.48
WEED AND RUBBISH ABATEMENT*
10.48.010 Definitions.
10.48.020 Authority to Declare Nuisance and Abate.
E. Weeds, trees, shrubs, or vegetation determined by the Fire Marshal to be a fire hazard, and which is
located in the Local Responsibility Area Very High, High and Moderate Fire Hazard Severity Zones.
10.48.030 Notice of Nuisance.
B. Notice of Abatement Proceedings. Whenever the Fire Marshal OF a deSig^^^ determines that a
nuisance exists and the owner of a property fails to properly abate the nuisance, the Fire Marshal is
ordered to take appropriate correction actions based upon those findings. The Fire Marshal shall notify
the owner of affected properties, as shown on the latest equalized tax assessment roll, by mail, of intention
to abate the nuisance.
10.48.040 Hearing Procedure.
A. The City Manager or his deSig^^^ shall only consider evidence that is relevant to whether a nuisance
existed and whether the property owner caused or maintained the nuisance.
G. A hearing before the City Manager, er his desig^^^, shall beset for a date that is not less than ten days
and not more than fourteen (14) days from the date the request for hearing is filed. The person requesting
the hearing shall be notified of the time and place set for the hearing at least five days prior to the date
of the hearing.
10.48.050 Appeal Decision.
A. After considering all the testimony and evidence submitted at the appeal hearing, the City Manager,
OF hiS deSig^^^ shall issue a written decision within forty-eight (48) hours of the hearing upholding or
denying the notice of abatement proceeding and shall list within the decision the reasons for that decision.
The City Manager, er his designee may impose such conditions and take such other actions as is deemed
appropriate to carry out the purpose of the provisions of this chapter.
B. The decision of the City Manager eF his desig^^^ shall be final as to the City but subject to judicial
review pursuant to Cal. Code Civ. Proc. Section 1094.5.- -a*d-The decision shall be served by Fnailon the
property owner in accordance with Section 1.08.080 within forty-eight (48) hours of the hearing.
SS2-240
10.48.060 Abatement Costs.
B. The Fire Chief er his design^^ shall notify, in writing, all parties concerned of the amount of such
assessment resulting from such work. If the total assessment determined as provided for in this section is
not paid within thirty (30) days after mailing of such notice, the property owner shall be billed. If unpaid,
such charges shall be placed as a special assessment on the tax bill for the property pursuant to Cal. Gov.
Code Section 38773.5 ^{the Government CAPIP.
SS2-241
Chapter 10.50
PUBLIC NUISANCE ABATEMENT
10.50.010 Definitions.
"City CleFl(" Mean-; the C-Ay Clerk of the City ef Newpert 9e@Gh eF his A—P heir d-e-sigRee.
th'.-T
10.50.020 Nuisance.
B. Any swimming pool, spa, pond, fountain or other body of water which is allowed to become stagnant,
unsanitary or unsafe ^• dees meet re - ply with t"^ ^ ,f 5^^fi^^s 1 - nn 1 Qn ^.,,- 1 5 05 14
I. A violation of any provision of thise "'n.,,n^,-t Q^,G" IVIURiGipa4 Code;
10.50.110 Hearing on Assessment.
In the event of abatement by the City, the City Clerk shall submit the report and account for hearing by
the City Council at a regular meeting held no more than thirty 30 ^days after the date of filing.
The City Clerk shall post a copy of the report and account and notice of the time and place of hearing in a
conspicuous place in or near the entrance of the Newport Beach City Hall. The owner of the property on
which the nuisance was abated shall be sent a notice advising of the date, time and place of the hearing.
The notice shall be served as provided in Section 10.50.040.
10.50.160 Alternative Actions.
proceeding set fn-.rth an this chapter-, ner shall anything an this chapter be deemed te prevent the City fre.m.
A-13. This chapter is not the exclusive regulation of property maintenance. It shall be supplemental in
addition to other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the City,
State ^f Califernia, or any other legal agency having jurisdiction.
B.D. The prevailing party in any judicial action or administrative proceeding to abate a nuisance shall
recover the attorneys' fees and costs incurred as follows:
2. In no judicial action or administrative proceeding shall an award of attorneys' fees to a
prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the
judicial action or administrative proceedings; and
SS2-242
3. Attorneys' fees and costs may include, but not be limited to, costs and expenses related to the
use of expert witnesses incurred in the evaluation and/or prosecution of any nuisance abatement
proceedings pursuant to the provisions of this cChapter.
SS2-243
Chapter 10.52
ABANDONED OR WRECKED VEHICLES*
Sections:
10.52.005 Findings and Purpose.
10.52.010 Declaration of Nuisance.
10.52.015 Definitions.
10.52.020 Exceptions.
10.52.025 Other Regulations.
10.52.030 Administration and Enforcement.
10.52.035 Authority to Abate and Remove.
10.52.040 Notice of Intention to Abate and Remove —Form Mailing and Procedure.
10.52.045 Removal/Without Hearing.
10.52.050 Hearing Procedures.
10.52.055 Removal —When Authorized.
10.52.060 Assessment of Costs of Removal/Administration.
10.5''2.065 Notice to Department of Motor Vehicles.
1A.92.0-70 SeT{TTARiCy
10.52.020 Exceptions.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under
provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Cal.
Veh.Veh+ele Code and this chapter.
10.52.045 Removal/Without Hearing.
B. A vehicle, or part thereof, is inoperable due to the absence of a motor, transmission, or wheels, is
incapable of being towed, is located on property that is either zoned for agricultural use or which contains
no dwelling units, is valued at less than two hundred dollars ($200.00) by a person specified in Section
22855 of the EaU#erie Cal. Veh.k4e Code, has been determined by the City Council to be a public nuisance
presenting an immediate threat to the public health or safety and the property owner has signed a release
authorizing removal of, and waiving further interest in, the vehicle or part thereof, and no request for
hearing was made by the registered or legal owner of the vehicle at the time the release was signed. The
vehicle or part shall be disposed of pursuant to the provisions of Section 22661 and 22662 of the Ca'a
Cal. Veh.k e Code; or
SS2-244
10.52.050 Hearing Procedures.
A. Upon a timely request for hearing, a public hearing shall be held by and before the City Manager of
hies. The City Managerj er des+gfaee7-_shall mail notice of the hearing, specifying the date, time
and location of the hearing, by certified mail, at least ten 10 days prior to the hearing, to the owner of
the land and to the owner(s) of the vehicle unless the vehicle is in such condition that identification
numbers are not available to determine ownership. The City Manager, er deSigReeT shall hear and receive
all facts, evidence and testimony pertinent to the status and condition of the vehicle or parts, the
circumstances surrounding its presence on private or public property, any facts which may render
provisions of this chapter inapplicable to the vehicle or parts, the appropriate conditions that should be
attached to an order for abatement, and the responsibility, if any, of the land owner for the cost of removal
and the administrative proceedings. The City Manager shall not be limited by the technical rules of
evidence. The owner of land, and the owner(s) of the vehicle may appear in person at the hearing, may
appear by representatives, or may submit a sworn written statement prior to the hearing.
B. City Manager_ 9F diet may impose such conditions, or take such action, as he City
Manager- deems appropriate under the circumstances to carry out the purposes of this chapter. The City
Manager, ^• designeemay delay the time for removal of the vehicle or parts;
C. The City Manager, or designee, shall determine if the vehicle, or part, constitutes a public nuisance as
provided in this chapter and upon such determination shall enter an order directing the vehicle or part to
be removed from the property and disposed of as provided in this chapter. The order requiring removal
shall include a description of the vehicle or parts, the correct identification number and license number of
the vehicle, if available, and the location of the property on which the vehicle or part is located. Written
notice of the decision shall be given by certified mail to each owner of land, vehicle or part that does not
appear at the hearing and to any interested party that makes a written presentation, but does not appear.
10.52.055 Removal —When Authorized.
Five days after adoption of the order declaring the vehicle or parts to be a public nuisance, or five jo
days from the date of mailing of the notice of decision, if notice is required by this chapter, the vehicle or
parts may be removed and disposed of as provided by law. After a vehicle has been removed, it shall not
thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless
carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Califernia Cal.
Veh.k e Code, in which case the vehicle may be reconstructed or made operable.
10.52.060 Assessment of Costs of Removal/Administration.
The cost of administering and enforcing this chapter, and the cost of removal of any vehicle or part
declared a public nuisance pursuant to this chapter, shall be charged against the owner of the land unless
it is determined that the vehicle was placed on the land without the consent of the land owner and the
land owner did not subsequently acquiesce in the presence of the vehicle. The amount of the cost of
administration, enforcement and removal shall be assessed against the property on which the vehicle or
part was located and pursuant to S^^ti^^ 3877R C Af+l,., Cal. Gov.emmenc Code Section 38773.5 and shall
be transmitted to the tax collector for collection.
SS2-245
this P--;;c--,h every seCtieR, subseGtieR, seRteRce,
Glause er not dec--I-ared-
passed -;;Pd- -;;Pd-
phrase
SS2-246
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SS2-247
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SS2-248
Chapter 10.58
POLICE SERVICES AT LARGE PARTIES, GATHERING OR EVENTS ON PRIVATE PROPERTY
Sections:
10.58.010 Findings and Purpose.
10.58.020 Definitions.
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent
Responses.
10.58.040 Procedures for Imposition of Civil Fines.
18.58050 confidpR Tali .,
10.58.960 Seye..ability.
10.58.020 Definitions.
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent
Responses.
The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the She
Cal. Pen.a4 Code or other local regulations.
10.58.040 Procedures for Imposition of Civil Fines.
B. If the person responsible for the event appeals the fine within the time specified in subsection (A), the
City Clerk shall serve written notice to the person responsible and to the owner, if different, by first class
mail, of the date, time and place for a hearing on the appeal. The hearing shall be scheduled not less than
fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by
the City Clerk. The City Manager may preside over the hearing or may designate a Hearing Officer to take
evidence and submit proposed findings and recommendations to the City Manager. The City Manager shall
uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence.
The hearing shall be conducted according to the rules normally applicable to administrative hearings. The
City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final
as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-249
if
OF
of this chapter
iS f9F any Feasep
held te he
aRy seCtiE)R, subsection,
senteRce, clause,
phrase POrtiOR
phFases . eFti RS
be dpc-.I-,rppl ,I .J
n
SS2-250
Chapter 10.59
GRAFFITI
10.59.010 Purpose.
4. This chapter is consistent with provisions of the Cal. Gov.eFRMeRt Code which authorizes the
enactment of ordinances to provide for the use of City funds to remove graffiti (Cal. Gov.e.rnme-M Code
Section§ 53069.3), and to pay rewards (Cal. Gov.eFRFReRt Code Section§ 53069.5).
5. This chapter is intended to be complimentary to and not in conflict with Cal. Pen.a4 Code Section§ 594,
which provides that any person who maliciously defaces property is guilty of vandalism, and Section§
594.1 which provides that certain activities involving the possession, sale and use of aerosol paint
containers are misdemeanors.
10.59.020 Definitions
, - ^ - - --- T1-- ---- ,,,..-- ^^ - ---- - --- -- -- ^-- �� ^^
----- - - --
10.59.090 Abatement and Cost Recovery Proceedings.
A. Notice. The City Manager ^r his/he~ desigRee shall issue a forty-eight (48) hour written notice of
intention to abate and remove the graffiti as a public nuisance and shall serve such notice by any of the
following methods:
B. Form. The notice of intention shall be in substantially the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
(Name and address of person notified)
Date:
NOTICE IS HEREBY GIVEN that you are required by Newport Beach Municipal Code §Section 10.59.070 at
your expense to remove or paint over the graffiti in existence on the property located at (address), which
is visible to public view, within forty-eight (48) hours after receipt of this notice; or, if you fall to do so, City
employees or private contractors employed by the City will enter upon your property and abate the public
nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees and
private contractors will be assessed upon your property and such costs will constitute a lien upon the land
until paid.
All persons having any objection to, or interest in said matters are hereby notified to submit any objections
or comments to the City Manager er his/herdesignee ee within forty-eight (48) hours from receipt of this
notice. At the conclusion of this forty-eight (48) hour period, without further notice and at your expense,
the City may proceed with the abatement of the graffiti inscribed on your property.
C. Appeal.
1. Within forty-eight (48) hours of receipt of the notice, the owner or person occupying or
controlling such property affected may appeal the order of abatement to the City Council of the
SS2-251
City of Newport Beach. Appeals shall be filed with the City Clerk and shall be accompanied by a
letter stating the reasons for the appeal and a deposit/fee as required by City Council resolution.
The City Council shall designate a Hearing Officer to hear such appeals. An appeal shall be
accompanied by a deposit/fee as required by City Council resolution.
2. Within fifteen (15) days of receipt of the appeal application, the City Clerk shall notify the
applicant of the date, time and location at which the Hearing Officer shall hear the appeal. The
Hearing Officer shall hear and pass upon the appeal within fifteen (15) days. The decision of the
Hearing Officer thereupon shall be final andd C^^e-1-u-si .^ as to the City but subject to judicial review
pursuant to Cal. Code Civ. Proc. Section 1094.5.
D. Removal by City. Forty-eight (48) hours after service of the notice, or if appealed, not less than twenty-
four (24) hours after the decision of the Hearing Officer declaring the graffiti to be a public nuisance, the
City is authorized and directed to cause the graffiti to be abated by the City or private contractor; and the
City or its private contractor is expressly authorized to enter upon the property for such purposes.
E 2. Pursuant to Cal. Gov_eMmeRt Code Section 38773.5, the total cost of abatement, including all
administrative costs, shall constitute a special assessment against that parcel. After the assessment is
made and confirmed, it shall constitute a lien on the parcel.
10.59.100 Reward.
Pursuant to SeCti R 52n69 c Af +hP CaLiferp+a Gov,eFRPReRt Code Section 53069.5, the City may pay a
reward, the amount to be established by City Council resolution, to any person who furnishes information
leading to the identification and apprehension of any persons convicted of wilfull ywillfully applying graffiti
to any surface located on private or public property.
SS2-252
Chapter 10.60
REGULATION OF DISPLAY OF MATERIAL, WHICH IS HARMFUL TO MINORS, IN A PUBLIC PLACE
Sections:
10.60.010 Findings and Purpose.
10.60.020 Definitions.
10.60.030 Prohibition.
10.60.020 Definitions.
A. "Harmful matter" shall be defined as specified in Cal. Pen Code Section 313(a)
the State .,f r-,I*f.,rr4
B. "Matter" shall be defined as specified in Cal. Pen Code Section 313(b) ef��-Di
„f r-ia•
Cs. "Knowingly" shall mean being aware of the character of the matter;
D€. "Exhibit" shall mean to show or display to members of the public;
E€. "Minor" shall mean any natural person under eighteen (18) years of age.
10G!1 0410 CnfarceY. Pnt
:-if Sectie.n 104.01n nf the Newpert Beach Municipal Cede. In -ad-d-itien, the City AtteMey may
to be it el-atieR of this chapter
SS2-253
Chapter 10.64
CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS
Sections:
10.64.010 Purpose and Intent.
10.64.020 Definitions.
10.64.030 Construction and Maintenance Projects —Regulations.
10,U,040 Penalty.
10.64.050 Construction/Maintenance Project Permits.
10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project Permits.
10.64.070 Appeal of Denial or Revocation of Construction/Maintenance Project Permit.
15.64.989 Amartiaatie;r
10.64.030 Construction and Maintenance Projects —Regulations.
B. Upon completion or abandonment of a construction or maintenance project, it shall be removed from
the lot within fifteen (15) ealend@F days.
C. Nothing in this chapter shall prevent the enforcement of any other provision of the "'ewpert Be@6
Municipal Code. In the event of any conflict between this chapter and another provision in this Code, the
provision establishing a more stringent restriction shall control.
n cn Ann PeRalt]V
A. Any vielatien P_f this chapter is subject te these remedies previded fer in Chapters 1.0-4 -And 1_45
t., aRY other r e dies all.,..,.,.d by State and C.,.d.,r-,I la..,
B. Anyyielat en .,f thas chanter is hereby declared to be a public
10.64.050 Construction/Maintenance Project Permits.
E. No construction/maintenance project permit shall be issued for a period in excess of six months.
A permit may not be extended beyond the initial six-month period unless the Community Development
Director, or his ^r her desi Ree finds both that: (1) due to circumstances beyond the control of the
construction/maintenance project permittee, the construction or maintenance project could not be fully
completed within the time permitted by the initial construction/maintenance project permit; and (2)
extension of the construction/maintenance project permit will not adversely affect the public views or the
public health, safety or welfare. The Community Development Director, ^r his or her designee, may limit
the term of the construction/maintenance project permit to a period of less than six (6) months upon a
determination of any of the following:
SS2-254
2. That any period of time in excess of that prescribed by the Community Development Director,
^.r "iS ^.r her designee, would adversely affect the public views, or the public health, safety or
welfare; or
3. That similar construction or maintenance projects previously approved by the Community
Development Director, er his ^F heF designee were completed in a period of time less than the
six-month maximum.
10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project Permits.
A. The Community Development P4m4 g-Director ^F his design shall be responsible for the review
and approval, denial or revocation of construction/maintenance project permits pursuant to this chapter.
B. No construction/maintenance project permit shall be issued for any construction or maintenance
project where:
1. The activity to be conducted under the construction/maintenance project permit violates any
provision of thise Code, State or i-federal law;
2. The Community DevelopmentP4w4pg Director, ^" his desig^^^, determines that the activity
described in the permit would adversely affect the public views, or the public health, safety or
welfare.
C. The Community Development Xa-p4n —Director, er his designee, may deny or revoke
construction/maintenance project permit, or the application for the same, if he determines any of the
following:
D. The procedure for revocation of a construction/maintenance project permit shall require that the
Community Development g Director erhis desigRee conduct an investigation of the facts
surrounding the alleged violation of any portion of this chapter and notify the permittee in writing of his
intent to revoke any construction/maintenance project permit issued pursuant to this chapter. The notice
of intent to revoke shall become effective, and the construction/maintenance project permit shall be
revoked, fifteen (15) days after the date of the notice of intent to revoke unless the permittee elects an
administrative hearing as set forth in this chapter.
10.64.070 Appeal of Denial or Revocation of Construction/Maintenance Project Permit.
A. Any person whose application is denied or who receives notice of intent to revoke a
construction/maintenance project permit may appeal that decision by requesting a hearing in writing to
the City Clerk, including payment of any applicable fee(s), within fifteen (15) days from the date of denial
or date of the notice of intent to revoke the permit. Failure to timely appeal the denial or intent to revoke
a permit by the Community DevelopmentPlanning Director, eF his designee shall render that decision
final.
E. The Hearing Officer shall only consider evidence that is relevant to whether the Community
DevelopmentP4nping Director er his ^wing^^ has properly denied or notified the permittee of their
intent to revoke the construction/maintenance project permit pursuant to this chapter.
F. The written notice from the Community Development'^^44^ 94eetef eF his design denying or
intending to revoke a construction/maintenance project permit shall constitute prima facie evidence of
SS2-255
the respective facts contained in those documents supporting the basis for denial of the
construction/maintenance project permit application or intended revocation of the
construction/maintenance project permit.
G. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of any
documents submitted or relied upon by the Community Development Planning Director er his deSig^^^ in
making the Community Director's4i+s determination to deny the construction/maintenance project permit
application or revoke the permit. No other discovery is permitted. Formal rules of evidence shall not apply.
I. The failure of any person requesting an appeal to appear at the administrative hearing shall constitute
a failure to exhaust their administrative remedies and render the decision of the Community
DevelopmentPlaRRiRg Director er his desi .R final.
J. The Hearing Officer may continue the hearing and request additional information from either the
Community Development g Director ^r hir deS*g^^^ or the appellant, or both, prior to issuing a
written decision.
K. Any person aggrieved by an administrative decision of a Hearing Officer at a hearing under this chapter
may obtain review of the administrative decision by filing a petition for review with the Orange County
Superior Court —Harbor Judicial District in accordance with the timelines and provisions as set forth in
QlifeWia Cal. Gov.ewment Code Section 53069.4.
ARY GGRS4616t�GR OF FRaiRteRaRGe PFGjPK# A-the-R.A.4-se subject to this chapter 131_1* that is GO.M.MeRGed PFOOF
chapter shall be exempt fre.m. enfe-Feement fer a peried- ef six Menths fellewing the effective date ef the
nrrlir Anc-n rnrlif PH ir, that chapter
SS2-256
Chapter 10.66
LOUD AND UNRULY GATHERING
Sections:
10.66.010
Definitions.
10.66.020
Loud or Unruly Gathering —Public Nuisance.
10.66.030
Posting of Notice Regarding Loud or Unruly Gathering.
10.66.040
Second and Subsequent Responses.
10.66.050
Notice of Violation.
10.66.060
Violation —Penalty —Civil Fine.
10.66.070
Administrative Hearing, Appeal.
10.66.080
10 GG (390
Collection of Delinquent Costs.
r.,,.datiyp RPmP.dLe_
10.66.040 Second and Subsequent Responses.
If, after posting of a notice pursuant to Section 10.66.030(A), a peace officer is required to respond to the
residential unit based upon another loud or unruly gathering and the owner of that residential unit does
not reside within the residential unit, then the owner shall not be liable for the increased fine amount for
the second or subsequent response unless notice has been mailed to the owner in compliance with
Section 10.66.030(D) and fourteen (14) calendardays have passed since the mailing of said notice.
10.66.060 Violation —Penalty —Civil Fine.
G. Any owner or responsible person who intends to request an administrative hearing pursuant to Section
10.66.070 may request an advance deposit hardship waiver pursuant to Section 1.05.060(B). An owner or
responsible person who is unable to pay all or a part of the civil fine due to the person's actual financial
inability may file a written request for a civil fine waiver with the City's Finance Director, or his er "^F
designee, within fifteen (15) Galendar days from the date of service of the citation or notice, whichever is
earlier. The failure of any owner or responsible person to timely file a written request for a civil fine waiver
with the City's Finance Director, ^r his ^r her desig^^^, shall be deemed a failure to exhaust the owner's
or responsible person's administrative remedies with regard to the same.
1. The written request for a civil fine waiver shall be in writing and describe with particularity
the owner's or responsible person's actual financial inability demonstrating why all or a part of the
fine should be waived. Further, the written request for a civil fine waiver must be accompanied by
a sworn affidavit and demonstrate to the satisfaction of the City's Finance Director, ^per
designee, the owner's or responsible person's actual financial inability, that necessitates a waiver
of all or a part of the civil fine amount. The City's Finance Director, OF hiS OF her desig^^^, is entitled
to request additional documentation and information from the owner or responsible person in
SS2-257
order to fully assess the owner's or responsible person's actual financial inability. The failure of
any owner or responsible person to timely submit all requested additional documentation and
information to the City's Finance Director, er his eF h^F desigRee, as requested shall be deemed a
failure to exhaust the owner's or responsible person's administrative remedies with regard to the
same.
2. Once a complete written request for a civil fine waiver is filed with the City's Finance
Director, ^r his er h^F designee, the requirement to pay the civil fine shall be stayed until the
City's Finance Director, eF hiS eF h^F deSigRee, determines whether to grant or deny the request.
3. If the City's Finance Director, er his er h^F designee grants the written request for a civil fine
waiver, the owner or responsible person shall not be required to pay the civil fine. If the City's
Finance Director, ^r his er h^" designee, determines that the owner or responsible person has
the financial ability to pay all or a part of the civil fine on a reasonable payment plan, the City's
Finance Director, OF hiS OF h^F deSig^^^, shall so notify the owner or responsible person and the
owner or responsible person shall execute any agreements required by the City's Finance
Director, ^r his or her desigRee, to establish the payment plan.
4. The granting of any request for a civil fine waiver or payment plan shall not excuse or
discharge any continuation or repeated occurrence of any violation of this chapter, nor shall it
bar further enforcement action by the City.
5. If the City's Finance Director, or his or h^F deSigRee, denies the written request for a civil fine
waiver the civil fine must be paid within ten (10) ealendaF days from the date of service of the
City Finance Director's, OF hiS ^F h^F desig^^ determination.
6. The City Finance Director's, eF his ^" h^• designee's,determination shall be (a) made within
fifteen (15) calendar days of the date of receipt of the complete request or any additional
information as requested by the City Finance Director, ^F his eF heF designee; (b) be in writing;
and (c) served either by personal delivery on the owner or responsible person or by deposit in
the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid,
addressed to such owner or responsible person. The decision of the City's Finance Director
hiS ^P heir d'^si^^^^, shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5.
J. Any owner who does not reside within the residential unit, has a written lease or rental agreement for
the residential unit and had the same residential unit posted with a notice pursuant to Section
10.66.030(A) may file a written petition with the Chief of Police, er his er her designee, requesting
permission to remove posted notice prior to the expiration of the ninety (90) day period. The Chief of
Police, eF his ^F h^" desig^^^ may grant the owner's written petition upon a satisfactory showing by the
owner that the responsible person(s) for the loud or unruly gathering are no longer in possession of or
allowed to occupy the residential unit.
10.66.070 Administrative Hearing, Appeal.
P. Any owner or responsible person aggrieved by a written decision of a Hearing Officer following an
administrative hearing may obtain review of the decision by filing a petition for review with the Orange
SS2-258
County Superior Court, Harbor Justice Center in accordance with the timelines and provisions as set forth
in Cal.iferp+a Gov.emment Code Section 53069.4.
aRy etheF FerRedy te which it is P-Infifled -Unt-dPeIr
Aar equity. Nething in this rehapter shall be tA-
SS2-259
Chapter 10.68
TARGETED RESIDENTIAL PICKETING
Sections:
10.68.010 Legislative Findings and Statement of Purpose.
10.68.020 Definitions.
10.68.030 Targeted Residential Picketing Prohibited.
I-MR.nnn Public AluwsanGe.
SS2-260
Chapter 10.70
MEDICAL ""^R"I IANACANNABIS REGULATIONS
Sections:
10.70.010 Legislative Findings and Sstatement of Ppurpose.
10.70.020 Definitions.
10.70.030 Prohibited Aactivities.
10 70 040 Public nuill
18.70 ncn Se ability,
10.70.010 Legislative Findings and Sstatement of Piaurpose.
A. The City Council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana
delivery, and marijuana dispensaries are necessary for the preservation and protection of the public
health, safety, and welfare for the City and its community. The City Council's prohibition of such activities
is within the authority conferred upon the City Council in the City 4s-Charter and State law.
METM
. ..
BQ The City Council finds that this chapter: (1) expresses its intent to prohibit the cultivation of
cannabismaFmjUaRa in the City
Safety Cede Sectie^' 136-' "' f^Y the ci litivalti ^f marijuana ;R the City; (2) exercises its local authority
SS2-261
to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing,
or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and
enforce regulations for the public benefit, safety, and welfare of the City and its community; and (4)
expressly prohibits the delivery of cannabism4 j-uana in the City, to the extent permitted by State and
federal law.
10.70.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "MarijuanaCannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica,
or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether
crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin, including MaFijUaaacannabis infused in foodstuff
or any other ingestible or consumable product containing FnaFijucannabis. "Cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by
Cal. Food & Agr. Section 81000 or Cal. Health & Saf. Code Section 11018.5.The-teF^, "Ma aRa" Shal ab;A
B. "Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Cal. Health & Saf.
Code Section 11362.7e.
C. "Commercial cannabis activity" shall have the same meaning as set forth in Cal. Bus. & Prof. Code
Section 26001(i).
D. "Cooperative" means two (2) or more persons collectively or cooperatively cultivating, using,
transporting, possessing, administering, delivering, or making available cannabis, with or without
cultivation-
E. "Cultivation" or "Cultivate" shall have the same meaning as set forth in Cal. Bus. & Prof. Code
Section 19300.5(I).
"Deliverv" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(m
G. "Dispensary" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(n).
For purposes of this chapter, Dispensary shall also include a Cooperative.
H. "Medical cannabis" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section
19300.5(af).
I. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" shall mean and refer to Cal. Bus. &
Prof. Code Section 26000 et seq.
SS2-262
JC. —"PMarijuana processing" means any method used to prepare cannabisffa or its byproducts
for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging,
and extraction of active ingredients to create cannabisFAaFij6IaRa related products and concentrates.
Patient" or "Qualified Patient" shall have the same meanine as set forth in Cal. Health
& Saf. Code Section 11362.7. B. ""Ma,=ijua at#e,r-Fneans-gF9WiRg, ^',^tiRg, ha; GIF
-- -- ••-- - -
- -- - -
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- --
- - -. ..----- -
- -•-- -- - ---- - - -
Ella M..
vi 4011
..-
Use, as may be arneRdedd fireeirn tirnee te tirne, that was issued by the effice A-f the AtteFRey General fer t4e
10.70.030 Prohibited Aactivities.
A. No person shall establish, operate, conduct, permit or allow any cannabis or medical cannabis
related use in the City, including, but not limited to, MaFijuanacannabis cultivation, FnaFijuanaprocessing,
delivery, m^r;;, ^^^ ^'^' ^r ; and n;aFi;, ana dispensary+es, cooperatives and all other commercial cannabis
activities for which a State license is required under the Medicinal and Adult -Use Cannabis Regulation and
Safety Act, regardless of whether the cannabis is used for medicinal purposes,"�"
^ the except where the City is preempted by federal or Sstate law from enacting a prohibition on
any such activity.
B. No use permit, variance, building permit, or any other entitlement, license, or permit, whether
administrative or discretionary, shall be approved or issued for44e any activities that relate in any way toef
cannabis or medical cannabis uses including, but not limited to, Fnariju cannabis cultivation, eaa ij�ana
processing, maFijuana delivery, of -the establishment or operation of a FnaFijuanadispensary, a cooperative
or other commercial cannabis activities for which a state license is required under the Medicinal and Adult -
Use Cannabis Regulation and Safety Act AR the G;+., and r peFsen. shall thery.dse establ;s" Or nduc+
such -Refivities On the Cit�, ,except where the City is preempted by federal or S&State law from enacting a
SS2-263
prohibition on any such activity for which the use permit, variance, building permit, or any other
entitlement, license, or permit is sought.
C. This section shall not limit the retail sale by delivery of medical cannabis to a qualified patient or
caregiver from a location outside of the City's jurisdiction, or from a non -storefront retailer, which is closed
to the aublic. and which is located in the Citv's iurisdiction on or after January 1. 2024. Anv non -storefront
retailer shall-
1. Have a non -storefront license issued by the Department of Cannabis Control prior to
beginning operations within the City's jurisdiction.
2. Employ or contract for security personnel who are at least 21 years of age to provide
security services on the premises. All security personnel employed or contracted for by the non -
storefront retailer shall be licensed by the Bureau of Security and Investigative Services and shall
comply with Cal. Bus & Prof. Code, Division 3, Chapters 11.4 and 11.5.
3. Obtain a business license from the City.
4. Require every person delivering cannabis to carry a copy of the following
documentation, which shall be provided to law enforcement upon request:
a. A copy of the d non -storefront retailer's current permits, licenses, and
entitlements authorizing them to provide transportation and distribution services;
b. The person's government -issued identification;
C. A coov of the transportation and distribution reauest: and
d. Chain of custody records for all medical cannabis being delivered, which shall
include, but not be limited to, (i) the name, phone number and address of the qualified
patient or caregiver; (ii) the amount of medical cannabis to be or that was delivered; NO
the date and time of delivery; and (iv) the delivery location.
D. No person who is an owner, manager, operator, contractor, or employee of a non -storefront
retailer shall•
1. Sell or deliver cannabis or medical cannabis to any person other than a qualified patient
or caregiver.
2. Sell any cannabis, medical cannabis, cannabis accessories, or branded merchandise from
the non -storefront retailer's business location.
3. Sell or deliver within the City any promotional materials, branded merchandise, or
cannabis accessories including, but not limited to, pipes, rolling paper, or vape cartridge
batteries.
SS2-264
10 70 Orlo Venlatinw;
thPPPtA
100 7A 11GA CnveFability.
SS2-265
Chapter 11.03
SPECIAL EVENTS
11.03.030 Definitions.
"City Manager" means the Gity M-...ageF of the City of N.,...peFt Beach.
" "•
r rpaFtneFship,tFUst, At rassociation,
gFeup
"Parade" means any march or procession consisting of people, animals or vehicles, or combination thereof,
except funeral processions, upon any public street, sidewalk or alley, which does not comply with traffic
regulations or controls provided in this Code and the Cal.C,"�;;a Veh.k e Code.
"Title 20" or "Zoning Code" means Title 20 of thise "'ewpaF+ Beaeh MURiGipal Code.
11.03.050 Standards and Requirements.
C. Other Requirements. In addition to the requirements set out in this section, the Reviewing Authority
may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking,
security, dust control, water quality protection of the bay and ocean, noise, temporary structures, signs
and banners, outdoor lighting, insurance, which types and amounts shall be determined by the Risk
Manager, and other matters deemed by the Reviewing Authority to be necessary for protection of public
health, safety and general welfare.
11.03.060 Permit Review Procedures.
F. Appeals to City Manager. Within ten 10 days of the date of written notification of action by the
Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any
condition of approval to the City Manager. The City Manager shall hear appeals at least ten 10 days
following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final
as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
H. Appeals or Calls for Review of City Manager Decision. The City Manager's decision under subsection
(F) or (G) of this section shall be rendered within ten (10) days of his or her consideration of the appeal or
special review. The City Manager shall approve the application unless he or she makes one (1) or more of
the findings for denial set out in subsection (E)(4) of this section, in which case the City Manager may deny
the application. In approving a special event permit, the City Manager may impose conditions of approval,
as set out in subsection (E)(5) of this section. The City Clerk shall notify the applicant in writing within five
(5) days of the City Manager's decision. The City Manager's decision on an appeal under subsection (F) of
this section for all Level 2 permits shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5. The City Manager's decision under subsection (G) of this section and on all
Level 3 permits may be appealed or called for review pursuant to Section 11.03.100.
SS2-266
11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events.
D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may appeal to the Director
within five days after receipt of the cleanup bill. The Director shall hear the appeal and the decision of
the Director shall be final as to the City but subject to iudicial review pursuant to Cal. Code Civ. Proc.
Sertinn 1(1945.
11.03.100 Appeals and Calls for Review.
#Except as expressly provided herein, if an applicant is aggrieved by any decision of the City Manager
under this chapter, the applicant may appeal to the City Council by filing with the City Clerk a statement
addressed to the City Council setting forth the facts and circumstances regarding the City Manager's
decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by
resolution of the City Council. A member of the City Council, in their official capacity, may call for review
any action of the City Manager under this chapter for the purpose of bringing the matter in front of the
entire body for review in the manner provided in Section 1.08.080. A call for review is exempt from the
payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk
shall provide written notification of the time and place set for hearing the appeal or call for review. The
City Council at its next regular meeting held not less than ten (10) days from the date on which the
appeal or call for review was filed with the City Clerk shall hear the appeal or call for review and all
relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and
decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5.
SS2-267
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES
Sections:
11.04.010 Intent and Purpose.
11.04.020 Definitions.
11.04.030 General Administration.
11.04.040 Park Hours.
11.04.050 Closed Park Areas.
11.04.060 Permit or Agreement Requirement.
11.04.070 Prohibited Conduct.
11.04.990 5FM9l(i1qR PFghob:+ed
11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
11.04.020 Definitions.
"Director" means the Director of the Recreation and Senior Services Department, er has er her designee.
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director, Chief of Police,
or Fire Chief, ^r theiF desig^^^ shall have the authority to close from public access or use any park, park
facility, or portion thereof, on a temporary basis. No person shall enter or remain upon areas posted or
publicly noticed as closed.
SS2-268
B. No persOR shall dispose ef any cigarette, cigaF or tobacco, 9F any part of a cigarette or effigar, ORCluding
CU. P,_,nO_r.h.m.P_.n* _,AP_jP_.r thms sP_c_#iA_.A r-hall net pFeelude punishment pursuant te Health -;;Pd Safety Ced&
I1W,
11.04.090 Abandoned Bicycle.
Any bicycle that is attached or fastened to any City property, including a bicycle rack, or left in a park, park
facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be
deemed abandoned property and may be impounded by the City. Any bicycle which has been impounded
by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof
shall, if saleable, be sold at such time and place and in such a manner as required by Cal. Civ.4 Code Section
2080 et seq.
11.04.140 Penalty.
G. N tWith5t Rdi^^ thi& " .+^ , ,Unlawful sidewalk vending activities shall be punished in accordance
with Chapter 5.97, eF any sueeesseF ehapte�.
SS2-269
Chapter 11.17
REGULATION OF VESSELS ALONG THE PACIFIC OCEAN
Sections:
11.17.005
Purpose and Intent.
11.17.010
Definitions.
11.17.020
Vessel Launching and Operation Prohibited.
11.17.030
Exceptions.
11.17.040
11.17. 0- 50-
Vessel Storage Prohibited.
Penalty.
11.17.010 Definitions.
C. Vessel. All watercraft, including boats and personal watercraft, that are required to be numbered
pursuant to the provisions of the Cal. Vehicle C-ejn ^f the -State of C,'*feYn;;;Veh. Code.
11.17.020 Vessel Launching and Operation Prohibited.
C. No person shall operate a vessel in any protected swimming area as specified in Chapter 11.12 of
thine Newp rt Beach Municipal Code.
11.17.030 Exceptions.
The provisions of this chapter shall not apply to:
A. Any vessel owned, operated by or under contract with the City, the United States, any State or any
izpolitical sSubdivision of theany State.
B. Activity involving vessels if authorized pursuant to a permit issued in accordance with the provisions
of Chapter 11.03 of thise NewpeYt BeaGh M nieipa' Code and approved by the City Council.
11 17 0-50- Denalt.•
.dee.,led aR infractien pursuant to the previsiens of Sect;nn 1 !1/I !1' 0(A) of this Cede.
SS2-270
Title 12
VEHICLES AND TRAFFIC*
Chapters:
12.04 Definitions
12.08 General Provisions
12.12 Vehicles on City Property
12.16 Enforcement and Obedience
12.20 Traffic Control Devices and Markings
12.24 Special Speed Zones
12.28 Turning Movements
12.32 Restricted Use of Certain Streets
12.36 Stop and Yield —Requirements —Signs
12.40 Stopping, Standing and Parking Regulations
12.44 Stopping, Standing and Parking Restrictions
12.46 physically Handoeapped Parking QFdinan-oparking for Persons with Disabilities
12.48 Loading and Unloading
12.52 One-way Streets and Alleys
12.54 Oceanfront Boardwalk Safety Program
12.55 Upper Newport Bay Recreation and Scenic Trail
12.56 Bicycles —Registration and Regulations
12.57 Skateboarding and Rollerskating Regulations
12.62 Temporary Street Closure
12.63 Solid Waste Management
12.64 Vehicular Nuisances
12.66 Private Roads
12.68 Residents' Preferential Parking
SS2-271
Chapter 12.04
DEFINITIONS
Sections:
12.04.010
Definition Provision.
12.04.020
Alley.
12.04.030
Angle Parking.
12.04.040
Parallel Parking.
12.04.050
Central Traffic District.
12.04.055
Holidays.
12.04.060
Loading Zone.
12.04.070
Operator.
12.04.080
Park.
12.04.090
Parking Meter.
12.04.095
Payment.
12.04.100
Pedestrian.
12.04.120
Traffic.
12.04.130
Official Time Standard.
12.04.140
Official Traffic Control Devices.
12.04.150
Official Traffic Signals.
12.04.160
Parkway.
12.04.170
Passenger Loading Zone.
12.04.180
12.04.190
Person.
Police Officer.
12.04.200
Stop.
SS2-272
12.04.010 Definition Provision.
For the purpose of this title, certain words and phrases are defined and certain provisions shall be
construed as herein set forth, unless the provisions of the context otherwise require.
Whenever any words or phrases used in this title are not defined herein, but are now defined in the Cal.
Veh.k e Code ^{ this S#Ae, such definitions are incorporated herein, and shall be deemed to apply to such
words and phrases used herein as though set forth herein in full.
paths and feet paths.
12 AA 14A Dergan
The teFM a n
SS2-273
Chapter 12.08
GENERAL PROVISIONS
12.08.135 Cruising Prohibited.
A. The ranking peace officer within any area affected by traffic congestion may establish traffic control
points to regulate cruising. Cruising is defined to mean the driving of a motor vehicle past a traffic control
point established on a portion of any street identified as subject to cruising controls by signs posted at the
beginning and end of the controlled roadway that briefly and clearly state the appropriate provisions of
this section and Cal. Veh. Code Section 21100(k) ^{ the Vehiel^ Cede, and after the operator of the vehicle
has been given the notice specified in this section. The ranking peace officer on duty within the area
affected by traffic congestion, eF his designee-, shall be empowered to post the signs required by this
section.
SS2-274
Chapter 12.12
VEHICLES ON CITY PROPERTY
Sections:
12.12.010 Parking.
12.12.020 Speed.
12.12.030 Traffic Control Devices.
12.12-040 Parking nneteFS „R G:.., Wall oFeperty.
12.12.050 Parking Fees for City Parking Lots.
12.12.080 Parking Restrictions for Motorcycles, Motor -Driven Cycles and Motorized Bicycles.
12.12.010 Parking.
C. Impoundment. When signs authorized by the provisions of subsection (B) are in place giving notice
thereof, any member of the Police Department designated by the Chief of Police is authorized to remove
or cause the removal of any such vehicle from City property to the nearest public garage or other place of
safety, and shall give such notice as is indicated in S^Cti^^S 2245' and 22453 of the Cal. Veh.k4e. Code
Sections 22852 and 22853.
SS2-275
Chapter 12.16
ENFORCEMENT AND OBEDIENCE
12.16.060 Exceptions.
A. Emergency Vehicles. The provisions of this title regulating the operation, parking and standing of
vehicles shall not apply to any vehicle of the Police or Fire Department, any public ambulance or any public
utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as
an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner
specified in the CaLifernia Veh.k e Code Section 165 in response to an emergency call.
SS2-276
Chapter 12.20
TRAFFIC CONTROL DEVICES AND MARKINGS
12.20.010 Authority to Install and Maintain.
B. Installation. Whenever this Code or the Cal. Veh.ie4e Code ^f *tee _requires for the effectiveness
of any provision thereof that traffic control devices be installed to give notice to the public of the
application of such law, the City Traffic Engineer is hereby authorized to install the necessary devices
subject to any limitations or restrictions set forth in the law applicable thereto.
12.20.020 Appropriate Signs Requisite for Enforcement.
No provision of the Cal. Veh.iele Code or of this chapter for which signs are required shall be enforced
against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an
ordinarily observant person giving notice of such provisions of the traffic laws. No vehicle may be towed
or removed from private property unless that property is posted with signs as required by s^et�^^ 22659
Af the Cal. Veh.k4 Code Section 22658 and SigRS thP- ^d C ^+^^* ^f which h-,,,^ h^^^ appreved by
+he Traf('e En
12.20.040 Installation of Traffic Signals.
The City Traffic Engineer is hereby directed authorized to install and maintain official traffic control signals
at those intersections and other places where traffic conditions are such as to require that the flow of
traffic be alternately interrupted and released i-p�to prevent or relieve traffic congestion or to protect
life or property from exceptional hazard.
The City Traffic Engineer shall ascertain and determine the locations where such signals are required by
resorting to field observation, traffic counts and other traffic information as may be pertinent and his
determinations therefrom shall be made in accordance with those traffic engineering and safety standards
and instructions set forth in the "California MaiRt^^a^e^ Manual on Uniform Traffic Control Devices,"
issued by theHighways of the State Department of o„h';^ `^'^rk, California Department of
Transportation.
12.20.060 Removal, Relocation or Discontinuation.
The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any
traffic control device not specifically required by State law by the provision of this chapter, wherever the
City Traffic Engineer shall determine in any particular case that the conditions which warranted or required
the installation no longer exist or
SS2-277
Chapter 12.32
RESTRICTED USE OF CERTAIN STREETS*
12.32.015 Balboa Island Bridge Speed Restrictions.
Pursuant to the procedures set forth in Section 22404 of the CaLiferpia Veh.k4e Code, 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.
12.32.075 Balboa Peninsula Traffic Access Control —Findings.
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 er has oT
"^4_-, 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.
12.32.080 Balboa Peninsula Traffic Access Control Points —Authorization to Establish.
The Chief of Police, or his or heF desigRee, shall be authorized to establish appropriate traffic access control
points along Balboa Boulevard when it is determined by the Newport Beach Police that:
SS2-278
Chapter 12.36
STOP AND YIELD — REQUIREMENTS — SIGNS
Sections:
12.36.010 Stop Signs.
12.36.020 Yield Right -of -Way Signs.
12.36.030 Through Streets and Alleys Designated.
12.36.010 Stop Signs.
The City Traffic Engineer is authorized to approve the installation of, removal of, and erect and maintain
stop signs conforming to the requirements of Cal. Veh. Code Section 21400 at the entrances to any or all
through highways and stop intersections as in the City Traffic Engineer's opinion are reasonably necessary
for the protection and safety of the traveling public.
In accordance with Cal. Veh. Code Section 21354, all major, primary and secondary streets and highways
of the City as shown on the County Master Plan of Arterial Highways, originally adopted by resolution of
the County Board of Supervisors on May 31, 1956, on file in the Office of the County Clerk, are hereby
declared to be through highways together with such other highways as the City Council may by resolution
from time -to -time declare to be through highways `^1he-Rev^r - FdmR RGe ^ ^' *'^^ Of this G;*.,
vehirdes -A.re required te step at ene er mere eRtF@Rces therete, the City Traffic Engineer shall erect and
12.36.020 Yield Right -of -Way Signs.
The City Traffic Engineer is authorized to determine those locations where the safe and orderly movement
of traffic requires vehicles to yield the right-of-way to other traffic and to install, remove, erect and
maintain yield signs conforming to the requirements of Cal. Veh. Code Section 21400.s"," ^r^^+ 4^4
maintain yield right of w , . - � street er inter-re-c-fien v.f.h.eR such signs are autherized by reselutien
SS2-279
SS2-280
Chapter 12.40
STOPPING, STANDING, AND PARKING REGULATIONS
Sections:
12.40.010 Application of Regulations.
12.40.020 Standing in Parkways Prohibited.
12.40.030 Parking on Private Property.
12.40.035 Parking on Private Streets and Drives.
12.40.040 Parking Duration Period.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles Resid- enti-A Distriet
Prahohonvmarccv.
12.40.060 Parking for Certain Purposes Prohibited.
12.40.070 Parking on Grades.
12.40.080 Parking Parallel with Curb.
12.40.090 Angle Parking Indicators.
12.40.100 Angle Parking Streets.
12.40.110 Parking Space Indicators.
12.40.120 Obstructing Parking Space.
12.40.130 Permit for Angle Loading or Unloading.
12.40.140 Parking Adjacent to Schools.
12.40.150 Parking Prohibited on Narrow Streets.
12.40.160 Prohibited Parking Areas.
12.40.165 Parking Restriction in Electric Cart Zones.
12.40.170 Parking Restrictions for Vendors and Vehicles for Hire.
12.40.180 Emergency Parking Restrictions —Signs.
12.40.190 Causes for Removal and Storage.
SS2-281
12.40.010 Application of Regulations.
B. Time Limits. The provision of this chapter imposing a time limit on standing or parking shall not relieve
any person from the duty to observe other and more restrictive provisions of the She Cal.- Veh.k4e. Code,
this Code or the ordinances of this City, prohibiting or limiting the standing or parking of vehicles in
specified places or at specified times.
12.40.035 Parking on Private Streets and Drives.
No person shall park a vehicle on a private street or drive in such a fashion that the vehicle blocks the
private street or drive so as to prevent vehicular ingress or egress thereto; provided that signs giving notice
that such parking is in violation of Section 12.40.035 of thise "'ewpert Q^areh MURi .ipal Code are erected
or placed twenty-four (24) hours prior to the violation.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles
--rvrriaiscu.
A. Prohibition.
1. Subject to the exceptions set forth in subsection (G), no person shall, at any time, park or leave
standing any large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in
this section, on any public street or alley within any residential district or adjacent to any public park or
school, or within five (500) hundred feet of the entrance to any public park, day care center, or school, as
measured from the property line.
2. Subiect to the exception set forth in subsection ON, no person who owns, operates or has
charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in
this section, shall use a generator that is associated in any way with the vehicle while the vehicle is located
on any City property including, but not limited to, any public street or alley, or public parking lot.
3. Subject to the exception set forth in subsection (G)(8), no person who owns, operates or has
charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in
this section, shall do any of the following while the vehicle is located on any City property including, but
not limited to, any public street or alley, or public parking lot: (a) conduct any business or commercial
activity; (b) park the vehicle outside of the area marked for the parking of the vehicle; or (c) place any item
outside of the vehicle on City property or store any item under or around the vehicle including, but not
limited to, solar panels, a barbecue, a mat, recliner, table, or chairs.
E. Residential District. For the purpose of this section, the term "residential district" shall mean any area
within the City which is zoned R-A, R-1, 11-1314-5, R-2, RM-3, RMD°-^,T�-MF, PRD (planned residential
district), and those portions of planned community districts and specific plan districts which are specified
for residential uses.
G. 2. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked
adjacent to the owner's residence or at such other location approved by the Chief of Police, for no more
than seventy-two (72) hours for the purposes of loading, unloading, cleaning, battery -charging, or other
activity preparatory or incidental to travel, provided permission has been granted by the Chief of Police;
er his n.- her designee,
SS2-282
5. To any motor vehicle displaying authorized placards or license plates pursuant to the Cal. if9FRia Veh.k e
Code Sections 5007 and 22511.55 identifying the physically handicapped or disabled person.
7. To a motor vehicle legally parked in public park parking lot.
8. To any motor vehicle that is: (a) legally parked in a school or day care center parking lot; (b) authorized
to be at the location pursuant to a special events permit; (c) authorized to be at the location by the City
Manager; (d) authorized to be at the location by the lessee of the property; (e) owned by a governmental
entity; or (f) trucks actively being used for commercial purposes including the preparation of food, the
delivery of food or cargo, and construction or maintenance activities.
12.40.080 Parking Parallel with Curb.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18)
inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless
signs are in place prohibiting stopping or standing. In the event a highway includes two or more separate
roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a
vehicle upon the left-hand side of such one-way roadway unless signs or markings are in place permitting
such standing or parking.
The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the
left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand
side of any one-way roadway of a highway having two or more separate roadways and shall erect signs
giving notice thereof.
12.40.100 Angle Parking Streets.
28th Street, north side only, from Balboa Boulevard to Newport Boulevard
12.40.160 Prohibited Parking Areas.
C. Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official electric
flaship,gLraffic control device.
SS2-283
Chapter 12.44
STOPPING, STANDING AND PARKING RESTRICTIONS
12.44.030 Off -Street Parking Meter Zones.
The City Council may by resolution establish off-street parking meter zones, including any land owned,
leased or controlled by the City, as traffic and parking conditions require. Such resolution shall also
establish the fees for parking in such off-street parking meter zones. This 1;^G*4^^ `hall Rat be appliGabl
the pFoperty en whieh the City Hall is leeated. (See Seetien 12.12.040 feF Fegulatiens applaeable to parking
tors an the City Hall r eoy )
12.44.125 Commercial In -Lieu Parking Fees.
A. Permit Required. In lieu of providing the required off-street parking on site pursuant to Title 20 of
thine "'ewner+ Beach ""unie;.,^' Code, a commercial business may provide all or a portion of its required
commercial off-street parking in a municipal fee -owned lot by paying an annual fee of one hundred fifty
dollars ($150.00) per parking space or a fee per space as set by resolution adopted by the City Council.
Said municipal parking lot must be located within reasonable proximity to the commercial business as to
be useful to said business.
SS2-284
Chapter 12.46
PHYSIGni iv HANDICAPPED -PARKING FOR PERSONS WITH DISABILITIESORDI ANCEs
Sections:
12.46.010 Physically Handiriapped Parking for Persons with Disabilities^oe.
12.46.020 Establishment of On -Street Parking Spaces.
12.46.030 Establishment of Off -Street Parking Spaces.
12.46.040 Unauthorized Parking Prohibited.
12.46.010 Physeea" y Handeeapped Parking for Persons with Disabilities0rdina„ee.
This ordinance shall be known and may be cited as the Physmea" y Handieapped Parking for Persons with
Disabilities Ordinance of the City of Newport Beach.
12.46.020 Establishment of On -Street Parking Spaces.
When so directed by a resolution of the City Council, the City Engineer is authorized to designate
parking spaces for the exclusive use of physi^a" y handaeappe ' persons who are physically disabled and
whose vehicles display a distinguishing placard or license plate issued to disabled individuals with
disabilities peFsens, as specified in the CaLifemia Vehicle. Code.
12.46.030 Establishment of Off -Street Parking Spaces.
A. The City Traffic Engineer when so directed by a resolution of the City Council, is authorized to designate
spaces City -owned, leased or controlled off-street parking facilities for the exclusive use of 4ysk- y
handicapped persons individuals who are physically handicap and whose vehicles display a distinguishing
placard or license plate issued to disabled persons with disabilities pursuant to the Califeria Veh.k e
Code.
B. The City may cause the removal, from a stall or space designated for physically handicapped persons
who are physically handicap an ^"''h f@^ility to the nearest public gar of any vehicle not displaying one
of the distinguishing placards or license plates authorized bythe Califeria. Vehicle. Code, if there is posted
immediately adjacent to, and visible from, such stall or space a sign which clearly and conspicuously states
the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates issued to physmeall
"aid persons with physical disabilities will be towed away at owner's expense. Towed vehicles
may be reclaimed at the "'ewpeFt Bea^" Police Department, 870 Santa Barbara Drive, Newport Beach,
California, or by telephoning the "'ewpert Bea^" Police Department at 644-367-7717."
12.46.040 Unauthorized Parking Prohibited.
No person shall park a vehicle in a space or stall as designated in Sections 12.46.020 or 12.46.030 of this
chapter without displaying distinguishing placards or license plates issued for persons who are physically
handicapped persons ursuant to the -Ca 1.ifernia Vehjc e Code Sections 5007, 22511.55 or 22511.59.
SS2-285
Chapter 12.52
ONE-WAY STREETS AND ALLEYS
Sections:
12.52.010
Placement of Appropriate Signs.
12.52.020
Obedience to One -Way Signs.
12.52.030
Balboa Island.
12.52.040
Corona del Mar.
12.52.050
Balboa.
12.52.060
Newport Beach.
12.52.070
1-2.-92.040
Lido Isle.
ni,,..,...ok ue: hts.
SS2-286
Chapter 12.54
OCEANFRONT BOARDWALK SAFETY PROGRAM
12.54.020 Definitions.
"Electric bicycle" has the same meaning as defined in Ca1°{^.r^';; "^Cal Veh. Code Section 312.5.
"Electrically motorized board" has the same meaning as defined in r,"{^.r^'- Veh Cal. Veh. Code Section
313.5.
"Motorized bicycle" has the same meaning as defined in ra"{^"^', "^Cal. Veh. Code Section 406.
"Motorized scooter" has the same meaning as defined in Ca'*{^r^ma "^" ^'^Cal. Veh. Code Section 407.5.
SS2-287
Chapter 12.55
UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL
12.55.070 Penalties.
B. Any person violating the provisions of Section 12.55.040 shall be guilty of a misdemeanor, punishable
by a fine not to exceed five hundred dollars ($500.00) provided, however, the violation may be prosecuted
as infraction pursuant to the provisions of Section 1.04.010 (A) of thise "'ewpeFt BeaGh M RiGipal Code.
SS2-288
Chapter 12.56
BICYCLES - REGISTRATION AND REGULATIONS
Sections:
12.56.010
Definitions.
12.56.025
Voluntary Licensing.
12.56.030
Operating Bicycle on Sidewalk.
12.56.040
Operating a Surrey Cycle or Pedicab.
12.56.050
Designation of Bicycle Lanes.
12.56.060
Obedience to Signs.
12.56.070
Placement of Appropriate Signs.
12.56.080
Motorized Bicycles.
12.56.050 Designation of Bicycle Lanes.
signed in an appFepriate mannerThe City Traffic Engineer is authorized to designate bicycle lanes on
streets and shall mark and sign them in conformance with Cal. Veh. Code Section 21400.
Se thedy sid-e- .,f !Tiff Drive fr.,m Kings PI -Ace W f1.yeF DFiye
Drive.
Se thedy side .,f Vi-sta del See fre. . ViSt, del Gre te- East -bluff Drive
12.56.080 Motorized Bicycles.
The licensing requirements of this chapter are applicable to motorized bicycles as that term is defined by
th-e- Cal.ifArn';; Veh.+Ele Code Section 406.
SS2-289
Chapter 12.62
TEMPORARY STREET CLOSURE
12.62.030 Issuance of Permit.
The City Manager may issue a permit if the City Manager determines that the granting of the application
for the time and location requested will not unreasonably inconvenience the public, create unusual traffic
or policing problems, or interfere with the peace and quiet of the surrounding neighborhood. If the City
Manager determines not to issue a permit, the City MapgeFManager may either deny the same or refer
the application to the City Council for a decision. If tThe City Manager decides to not issue the permit, the
City Manager shall notify the applicant in writing, by ^ al Servirze 9F by ce-Ftifi^.d ma" ^f h'' in the
manner provided in Section 1.08.080, of the City Manager's -decision to deny the permit and of the4 s
right to appeal said decision to the City Council or, if the matter is referred to the City Council, the date,
time and location the application will be considered by the City Council.
If the City Manager issues a permit, the City Manager may impose such conditions in connection with its
issuance as the City Manager deems reasonably necessary to e+nsure that the activity or special event will
be conducted in an orderly manner with a minimum of inconvenience to the public. In addition, the City
Manager may require that the permittee provide:
A. Liability insuFanee feF the preteetien ef the publie which naffle-,; the City as an add-itie—nal insured with
specified ^i.m.-H ,., ';-,h;';*.,Insurance, which types and amounts shallts be determined by the C+ty-Risk
Manager.
B. Ate# security deposit to be used to reimburse the City for all extraordinary costs resulting from the
activity or special event, such as placing and removing barricades, extra traffic control or police protection,
and street sweeping and cleanup.
12.62.040 Appeal and Call for Review.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing,
failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the
City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts
and circumstances regarding the action or failure to act on the part of the City Manager. A member of the
City Council, in their official capacity, may call for review any action of the City Manager in issuing, failing
to issue, suspending, or revoking any permit under this chapter for the purpose of bringing the matter in
front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided
by the Clerk. The City Clerk shall notify the applicant in writing by certified mail of the time and place set
for hearing his appeal or call for review. The City Council at its next regular meeting held not less than five
days from the date on which such appeal or call for review shall have been filed with the City Clerk shall
hear the applicant, the City Manager, and all relevant evidence. The City Council may sustain, overrule, or
modify the action of the City Manager, and the decision of the City Council shall be final as to the City but
subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-290
The right to appeal or call an item for review regarding the denial, suspension or revocation of any permit
required by this chapter shall terminate upon the expiration of fifteen (15) days following thedepesit ta
czertified l # r OR the United -Scat S PA -St Offlee notification of the _applicant of the action of
the City Manager and of the4i+s right to appeal such action to the City Council, which notice shall be served
in the manner provided in Section 1.08.080.
SS2-291
Chapter 12.63
SOLID WASTE MANAGEMENT*
12.63.010 Purpose and Intent.
B. It is necessary to regulate the collection of solid waste and to encourage recycling of solid waste
materials, to meet the requirements of the California Integrated Waste Management Act of 1989, Cal.
Pub. Resources Code, Division 30, Sections 40000 et seq.
12.63.020 Definitions
" "
1 1PaFtReFShip,
r jGiRt
1 limited 1
"Franchise fee" means the fee or assessment imposed by the City on the franchisee, which among other
things, is intended to offset the City's expenses related to the administration of the Franchise
Agreement, the Integrated Waste Management Program, the maintenance and implementation of the
City's Source Reduction and Recycling Element, compliance with the California Integrated Waste
Management Act, Cal. Pub. Resources Code, Division 30, Sections 40000 et seq., to compensate the City
for damages to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the
franchisee's exercise of its rights under the franchise, reporting requirements and other related
expenses.
"Hazardous waste" means any substance or waste materials or mixture of wastes defined as
"hazardous," a "hazardous substance" or "hazardous waste" pursuant to Q;'tea Cal. P, ibliePub.
Resources Code Section 40141, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections
6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"),
42 U.S.C. Sections 9601 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act
("HSAA"), codified at Eal+fecnia Cal. -Health &ate Saf.eW Code Sections 25300 et seq.; and all future
amendments to any of them, or as defined by the Environmental Protection Agency, the California
legislature, the California Integrated Waste Management Board, the Department of Toxic Substances
Control or other agency of the United States Government or the State of California empowered by law to
classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more
agencies having jurisdiction over hazardous or solid waste, the term "hazardous substance" or
"hazardous waste" shall be construed to have the broader, more encompassing definition.
"SRRE" means the Source Reduction and Recycling Element of the Integrated Waste Management
document for the City prepared and updated pursuant to the California Cal. Pub.4e Resources Code.
"Stg2" np;;nrs the c+-,+p V
f i n
�CACZrC.Tr, IITIfe r n f a.
SS2-292
12.63.050 Application for Franchise.
A. Required Forms. An application for a franchise shall be filed in the office of the Muniempa4
QpeFatieRsPublic Works Department in writing on forms prescribed by the M61ROGOpal ^^^ra*4^^Public
Works Director.
B 7. Such further information as the M niGipal ^^e-Fation-sPublic Works Director may reasonably require
to evaluate and process the application.
E. Waivers. The Municipal OperationsPublic Works Director may waive the submission of items deemed
unnecessary.
12.63.060 Municipal Operatiens Public Works Department Review.
A. Time Limits and Notification. Within thirty (30) ealendar days of the filing of an application, the
Municipal QpeFa'^^Public Works Department shall determine whether the application is complete and
notify the applicant in writing if the application is determined to be incomplete.
B. Incomplete Applications. If the application is determined not to be complete, the dal
OperationsPublic Works Department shall notify the applicant in writing and shall specify those parts of
the application which are incomplete and shall indicate the manner in which they can be made complete,
including a list and thorough description of the specific information or materials needed to complete the
application. Upon the receipt of the information or materials needed to complete the application, or any
resubmittal of the application, a new thirty (30) ealend@F day review period shall begin to determine the
completeness of the application.
C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when
mutually agreed upon by the Public Works Department and the applicant.
12.63.070 Processing the Application.
Upon receiving an application that contains all of the information described in this chapter which is both
complete and in a form acceptable to the Public Works Directorre^p-"a' services Direrzte the Public Works
Director r_ inier,i Seer ,;,.,,s DiFe,taF shall process the application in accordance with the provisions of this
chapter and Article XIII of the City Charter of the City f N ewp rt Roach for consideration by the City
Council.
12.63.090 Franchise Fees and Environmental Liability Fund Fees.
B. Pursuant to Cal. Pub. Resources Code, Division 30, Part 2-, Chapter 8 of the Public Rese rce_r Cede
Section 41900, et seq., ,the ordinance granting the franchise shall prescribe a
specific percentage of the fee for preparing, adopting and implementing an integrated waste management
plan consistent with the SRRE. That portion of the fee shall be separately accounted for and shall be used
only for the costs stated in Cal. Pub4e. Resources Code Section 41901 .
12.63.130 City Inspection Authority.
Any franchisee providing commercial solid waste handling services or conducting a solid waste enterprise
in the City of Newport Beach shall keep and maintain books of account, income statements, tonnage
reports and supporting documents and all other documents that relate in any way to business transactions
SS2-293
conducted by the person in the City of Newport Beach for a period of three llyears after said service was
provided and shall make these records and documents available to the City upon request by the City
Manager, IVIURi ipal QpeFatiORSPublic Works Director or Finance Director, ^~ their deSig^^^
12.63.140 Termination.
B. A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed, at the
discretion of the Muniempal OperatiensPublic Works Director, to the franchisee at the franchisee's address
of record, shall state grounds for suspension or termination and shall give the franchisee notice of the
time, date and place of a hearing before the City Council, which shall be convened not less than fifteen
(15) days and no more than sixty (60) days after the date of notice, subject to continuance with the consent
of the parties.
E. The decision to suspend or terminate shall contain findings of fact, a determination of the issues
presented and shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc.
Section 1094.5aind re^^r'--i-si •^. Any suspension of a nonexclusive franchise shall state specific conditions
upon which the nonexclusive franchise may be reinstated or terminated.
SS2-294
Chapter 12.64
VEHICULAR NUISANCES
Sections:
12.64.010
Scope.
12.64.020
Definitions.
12.64.030
Prohibited Operations.
12.64.040
Exceptions.
12.64.050
Operation by Permit.
12.64.060
Right to Revoke.
12.64.070
Appeal or Call for Review.
12.64.070 Appeal or Call for Review.
Any person whose application for a permit is denied or revoked may appeal such decision to the City
Council by filing a written notice of appeal with the City Clerk within ten (10) days after notification by the
Chief of Police that said permit has been denied. A member of the City Council, in their official capacity,
may call for review any decision of the Chief of Police under this chapter by filing written notice with the
City Clerk within ten (10) days after the Chief of Police's decision. A call for review shall be for the purpose
of bringing the matter in front of the entire body for review. The City Council shall thereupon conduct a
hearing on said appeal or call for review within thirty (30) days from the date of filing said notice of appeal
or call for review with the City Clerk. The decision of the City Council shall be final as to the City but subject
to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5apd- EA -Inclusive ^ all
SS2-295
- - --- - - --- -- -- - - - -- - - - - - - -
- - -- --
- - -- - - -
- -- - --- - -- -- -- - - - - ----- -- - ---
- -- -- -
-- -- --
,
SS2-296
Chapter 12.66
PRIVATE ROADS
12.66.010 Intent and Purpose.
This chapter is designed to provide for the application of the provisions of the Califerpia Cal. Veh.k e Code
to privately owned and maintained roads that are not generally open for use of the public for purposes of
vehicular travel by reason of their proximity to or connection with highways, when it is determined that
the interests of any resident residing along such roads and the motoring public will be best served by the
application of said provisions, as authorized by Seetien 21107.7 .,f the CalafArnia Cal. Veh.k e Code Section
21107.7.
Whenever the term "California Vehicle Code" is used in this chapter, it shall be deemed to and shall include
traffic regulations adopted by the City Council pursuant to any authorization of the Ga'OfArnia Cal. Veh.k4
Code as codified in Title 12 of thise NewpeFt Beach nn,,nieipal Code.
12.66.020 Signs.
Appropriate signs shall be erected at the entrance to any privately owned and maintained road, of such
size, shape and color as to be readily legible during daylight hours from a distance of one hundred (100)
feet, to the effect that said road is subject to the provisions of the Ca"�Ra Cal. Veh.k e Code.
12.66.030 Application of Vehicle Code to Private Roads in The Big Canyon Planned Community District.
The provisions of the California Cal. Veh.k4 Code shall not apply to any streets except the following:
Canyon Island Drive, Sea Pine Lane, Sea Island Drive, Pine Valley Lane, Pauma Lane, Eldorado Lane.
12.66.050 Application of Vehicle Code to Private Roads in Newport Condominiums.
The provisions of the C;flifArpia—Cal. Veh.k e Code shall apply to the following private streets in the
Newport Condominiums residential development in the City of "'ewpert Beach:
12.66.060 Application of Vehicle Code to Private Roads in Broadmoor Seaview Development.
The provisions of the Califernia—Cal. Veh.fele Code shall apply to the following private streets in the
Broadmoor Seaview residential development in the City of Newport Reach:
12.66.062 Application of Vehicle Code to Private Roads in the Belcourt Development.
The provisions of the Califernia Cal. Vehjc e Code shall apply to the following private streets in the Belcourt
residential development in the City^{ N'eiuv^^r* R.eae :
12.66.064 Application of Vehicle Code to Private Roads in the Harbor Pointe Development.
The provisions of the Cal. Veh. !'-,fermi Vehicle Code shall apply to the following private streets in the
Harbor Pointe residential development in the City of "'ewpert Beach:
12.66.070 Application of Vehicle Code to Private Roads in the Sea Island Development.
The provisions of the Cal. Veh. C-alifer i-a Vehicle Code shall apply to the following private streets in the
Sea Island residential development in the City of AI,,.. pert Beach:
SS2-297
12.66.080 Application of Vehicle Code to Private Roads in Harbor Ridge Development.
The provisions of the Cal. Veh. ra'ife—mia "^hie'^ Code shall apply to the following private streets in the
Harbor Ridge residential development in the City of "'ewpeFt Q^aeh:
12.66.082 Application of Vehicle Code to Private Roads in the Terraces of Corona del Mar Development.
The provisions of the Cal. Veh. Galiferpia "^hie'^ Code shall apply to the following private streets in The
terraces of Corona del Mar residential development in the City ^f "'ewpert Q^„"h:
12.66.083 Application of Vehicle Code to Bayview Circle.
The provisions of the Cal. Veh.ra'ifernia Veh Code shall apply to Bayview Circle.
12.66.085 Application of Vehicle Code to Private Roads.
The pFevisiens^f s^rc+;^^ "5' ^ ^f +h^ Cal. Veh. ('-,fermi "^hie'^ Code Section 22514 which prohibits
parking within fifteen (15) feet of a fire hydrant shall apply to all private streets within the City f Newport
Beaeh.
12.66.087 Application of Vehicle Code to Private Roads in the Newport North Villas Development.
The provisions of the Cal. Veh. r'''6f ^0;; Vehicle Code shall apply to the following private streets in the
Newport North Villas residential development in the City of "'ewpeFt Q^^Gh:
12.66.088 Application of Vehicle Code to Private Roads in the Villa Balboa Development.
The provisions of the Cal. Veh. Gakfe—rnia Vehicle Code shall apply to the following private streets in the
Villa Balboa Development in the City of Newport Reach:
12.66.090 Application of Vehicle Code to Private Roads in the Harbor Cove Development.
The provisions of the Cal. Veh. Calif^"'i^ Vehicle Code shall apply to the following private streets in the
Harbor Cove Development:
12.66.092 Application of Vehicle Code to Private Roads in the Baypointe Apartments Development.
The provisions of the Cal. Veh. C-,',f^.-R;P "^hi^'^ Code shall apply to the following private streets in the
Baypointe Apartments Development in the City ^f Newpert Reach:
12.66.094 Application of Vehicle Code to Private Roads in the Jasmine Park Development.
The provisions of the Cal. Veh.ra'if^r^ia "^ Code shall apply to the following private streets in the
Jasmine Park Development in the City ^f Newpert BeaGh:
12.66.096 Application of Vehicle Code to Private Roads in the One Ford Road Development.
The provisions of the Cal. Veh. C-alifewnia "^hie'^ Code shall apply to the following private streets in the
One Ford Road Development in the City of Newport Beach:
12.66.098 Application of Vehicle Code to Private Roads in the Newport Ridge North Community.
The provisions of the Cal. Veh. Galife-FRia Veh'^'^ Code shall apply to the following private streets in the
Newport Ridge North residential development in the City of NewpaFt Reaeh:
SS2-298
Chapter 12.68
RESIDENT' PREFERENTIAL PARKING
12.68.040 Preferential Parking Privileges —Issuance of Permits.
C. Duration of Permits. Permits issued pursuant to this section shall remain effective for one year,
commencing January 1st and ending December 31st, or fraction thereof, or until the preferential parking
zone for which such permit was issued iwas eliminated, whichever peFied of tin4 ep riod is less.
SS2-299
Chapter 13.01
STREET CONSTRUCTION PERMITS
Sections:
13.01.010 Findings and Purpose.
13.01.020 Permit Required.
13.01.030 Application.
13.01.040 Fees.
13.01.050 Standards for Issuance of Permit.
13.01.060 Conditions and Fair Share Fees.
13.01.070 Bonds and Insurance.
13.01.080 Appeal or Call for Review.
13.01.090 Datum Plane.
13.01.100 Duty of Property Owners to Repair and Maintain.
13.01.040 Fees.
An application for permit shall be accompanied by a fee of seventy five dellaFs ($'5QG as set forth in a
resolution adopted by the City Council. In addition to the application fee, the Public Works Director may
charge a fee for all inspection, plan checking and engineering services performed in conjunction with the
application.
0 nspeetiGR Shall She
13.01.070 Bonds and Insurance.
The following bonds shall be posted by the applicant prior to performing any work under a permit issued
pursuant to this chapter:
A. A labor and materials bond in an amount and form substantially identical to that which would be
required of persons performing public works under contract to the City of Newport Reach; and
B. A performance bond in an amount and form substantially identical to that which would be required
of persons performing public works under contract to the City of NewpeFt Reach; and
C. Publ;^ liabil;t., apd_ . e_rkers' ^ em -nensati n °Insurance. which tvpes and amounts *n an arneunt and
shall be determined by the Risk Manager; and
SS2-300
D. Such other bonds, policies of insurance or guarantees, as maybe determined necessary or appropriate
by the Public Works Director and Risk Manager, to ensure that City is fully protected from any loss, liability,
claim or damage that may arise out of, or any way relate to, the performance of work pursuant to the
permit.
13.01.080 Appeal or Call for Review.
Any applicant aggrieved by a decision of the Public Works Director shall have the right to appeal the
decision to the City Council by filing written notice of appeal. The appeal must be filed with the City Clerk
within ten (10) days from the date on which notice of the decision is deposited in the U.S. mail, postage
prepaid and addressed to the parties as provided on the application for permit. A member of the City
Council, in their official capacity, may call for review any decision of the Public Works Director under this
chapter by filing written notice with the City Clerk within ten (10) days from the date on which notice of
the decision is served in the manner provided in Section 1.08.080deposited OR the U.S. mail postage
pFepa
A call for review shall be
for the purpose of bringing the matter in front of the entire body for review. The City Council shall, within
thirty (30) days from the date on which an appeal is received or a call for review is filed, schedule a hearing
on the appeal or call for review within a reasonable period of time. The City Council may preside over the
hearing on appeal, or may designate a hearing officer to take evidence and submit a proposed decision,
together with findings, to the City Council within fifteen (15) days from the date of the hearing. The City
Council shall hear all decisions called for review. The City Council shall render its decision within thirty (30)
days from the date of the hearing, and the decision of the City Council shall be final as to the City but
subiect to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
13.01.090 Datum Plane.
The North American Vertical Datum of 1988 (NAVD 884-he Sea IPvIzI d;It..rA Af I W9 as established by the-
IRite d States, Coast andd G-,,,,,d +;,. S,,,-ve f, is hereby established as the official datum plane of the City for
the purpose of determining the grades and elevations of streets and sewers and for any other public works
within the City, and for measuring all other grades, elevations, or surface points in the City, except that
harbor work, dredging, and harbor structures may be referenced to mean lower low water, as established
by the United States Coast and Geodetic Survey in and around Newport Harbor.
13.01.100 Duty of Property Owners to Repair and Maintain.
When any portion of any sidewalk constructed in the City shall be out of repair, and in a condition to
endanger persons or property passing thereon, or in a condition to interfere with the public convenience
in the use thereof, or when any condition shall exist on any sidewalk as is defined in g^^t4^^ «nn of the
Cal. Sts.reet and & Highwa HV. Code of Section 5600t"^ S+a*^ ^f Ql;feMia, then no owner or person liable
shall neglect or refuse to make repairs when required to do so in the manner and as provided for in Section
56 n 5618 Af the Qlif. nin Streets and High .,ay Cal. Sts. & Hy. Code Sections 5610-5618.
SS2-301
Chapter 13.06
CURB CUTS AND OTHER ALTERATIONS TO PUBLIC STREETS
13.06.070 Right of Appeal and Call for Review.
Any person who objects to or disagrees with any decision of the Public Works Director which is made
pursuant to this chapter shall have the right to appeal to the City Council by filing written notice of appeal
with the City Clerk within thirty (30) days after reseiviPgthe notice of the decision of the Public Works
Director is served in the manner provided in Section 1.08.080. A member of the City Council, in their
official capacity, may call for review any decision of the Public Works Director which is made pursuant to
this chapter by filing written notice of appeal with the City Clerk within thirty (30) days after the decision
of the Public Works Director. A call for review shall be for the purpose of bringing the matter in front of
the entire body for review. Upon receiving such a notice of appeal or call for review, the City Clerk shall set
the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days
thereafter, and shall advise the appellant, if any, of the date, time and place on which the appeal or call
for review will be heard at least ten (10) days prior to such date. On the date of the hearing, the City
Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be
final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5a-R4
^^e. The City Clerk shall notify the property owner by of the decision of the City Council in the
manner provided in Section 1.08.080.
SS2-302
Chapter 13.07
REPLACEMENT OF CURB CUTS AND DRIVEWAY APPROACHES
13.07.010 Establishment of Nuisance Abatement Procedure.
Any portion of a curb cut or driveway approach on any public street which is no longer needed or used for
reasonable vehicular access to the property served is hereby declared a nuisance which may be abated
pursuant to the procedure established by this chapter which is adopted under the authority contained in
Seetien 200 Af the City Charter Section 200 and S^eti^^ 3877R q Af thin Galifernia Cal. Gov.emmenc Code
Section 38773.5.
SS2-303
Chapter 13.08
PLANTING
Sections:
13.08.010 Jurisdiction and Authority.
13.08.020 Official Tree List.
13.08.030 Removal or Relocation of Plants by City.
13.08.040 Tampering with Planting Prohibited.
13.08.050 Prohibited Activities.
13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway.
13.08.010 Jurisdiction and Authority.
Subject to the administrative control established by the City Charter, any applicable City Council policy,
and the provisions of this chapter, the Public Works Department shall exercise
jurisdiction and control over the planting, maintenance, and removal of trees, shrubs, and plants in all
public areas underthe control of the City, and shall have the authority and duties prescribed in this chapter.
13.08.020 Official Tree List.
The City Council shall adopt an official tree list which shall set out the names of the streets in the City and
the species of tree or trees that may be planted on each such street or portion thereof. The list shall be
adopted by resolution and provided to the public by the Public Works Department upon request.#hree
cepies thereef Shall be kept en file mn the effice A-f the City Clerk fer 6RSpectien by the publie, and cepies
13.08.050 Prohibited Activities.
D. Attaching Electrical Apparatus. No person shall attach any electric wires or any device for holding
electric wires to any tree, plant or shrub growing in any public street right-of-way or other public property
under the control of the City without approval of the City Council. No person shall, without written
permission from the Municipal Opera''^^Deputy Public Works Director— Municipal Operations, trim, cut
or break any part of such tree, shrub, or plant in order to make passage for electric wires.
13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway.
The occupant in charge or, if there is no such occupant, the owner of every lot or parcel of land shall:
A. Maintain the area between their Drooerty line and the curb of the street includine. but not limited to.
all landscaping, plants and grass in the parkway; and
SS2-304
B. Ttrim the branches of any tree, shrub, or plant on his property, and shall all shrubs and plants in
the area between their property line and curb of the street , so that same
shall not encroach upon the sidewalk or street in such manner as to impede or interfere with traffic
thereon or obstruct the passage of light from any streetlight to the street or sidewalk.
The City shall trim and prune all trees located in the public street right-of-way.
SS2-305
Chapter 13.09
PARKWAY TREES
13.09.010 Parkway Trees Required.
Any person who constructs a new building, who causes a building to be moved onto vacant land, or who
causes an increase in the original floor area of an existing main building by more than fifty (50) percent of
its original size, shall be responsible for planting trees in the parkway abutting the building site in
accordance with City rules, regulations and policies. The parkway tree shall be at least a thirty-six inch
(36") box of the type, variety and/or species determined by the City in accordance with the City Street
Tree Designation List. Automated irrigation shall be established for the newly planted tree from the
property under construction. If the City determines that because of the location, terrain or condition of
the property that required tree planting is impractical at the abutting parkway, the City shall plant the
thirty-six inch (36") box tree at a location designated by the City.
SS2-306
Chapter 13.18
USE OF PUBLIC SIDEWALKS FOR OUTDOOR DINING
13.18.010 Applicability.
Notwithstanding any other provisions of this Csode, it is unlawful for any restaurant business to place
furniture or equipment on a public sidewalk for outdoor dining without first obtaining a valid sidewalk cafe
license encroachment permit which shall provide for indemnification of the City and the maintenance of
liability and other insurance coverage as determined by the Risk Manager, and which shall conform to City
Council P-policy regarding sidewalk cafe standards and procedures.
SS2-307
Chapter 13.20
PUBLIC RIGHTS -OF -WAY
Sections:
13.20.010 Purpose —Authority.
13.20.020 Definitions.
13.20.030 City Policies Regarding Use of the PROW.
13.20.040 PROW Permit —Applicability.
13.20.050 Exemption.
13.20.060 PROW Permit Application.
13.20.070 Issuance of a PROW Permit.
13.20.080 Construction Plan.
13.20.090 Conditions of Use of PROW.
13.20.100 Excavations.
13.20.110 Post -Excavation Repair and Maintenance.
13.20.120 Coordination of Excavation.
13.20.130 Financial Security and Fees.
13.20.140 Duty to Remove Facilities from PROW and Public Property.
13.20.150 Construction and Maintenance.
13.20.160 Construction Default.
13.20.170 City Vacation or Abandonment.
13.20.180 Facilities Agreements.
13.20.190 System Location Data.
13.20.200 Indemnity.
13.20.210 '"abilityInsurance.
13.20.220 Failure of the City to Enforce this Chapter.
13.20.230 Company or its Assignees Subject to Present and Future Ordinances and/or Resolutions.
13.20.240 Notices.
13.20.250 Administration —Declaration of Powers and Authority.
SS2-308
13.20.260 Revocation and Termination.
13.20.270 Appeals from Action of the Director.
13.20.275 Possessory Interest.
13.20.280 City's Obligation.
13.20.290 Opportunity to Cure and Correct.
13.20.020 Definitions.
"Gity" means the City ef Newpek Beach-.
"Director" means the Director of the City's Department of Public Works ^.r his ^ir heir designee
-husineSS .-.tit.. asseematien, eF any etheF legal enti+..
„ " er " "
M..P_aRs aRY street, read, highway, alleY�, lane, GE)UPt, bE)WIeVaFd, or 9theF similaF PUbIiG
waVL, including Felated far-AlitieS sueh As medians, pad(ways, sidewalks, tFaffie signals and sig
13.20.040 PROW Permit —Applicability.
In addition to any agreement, license, permit or franchise required by this chapter or any other chapter of
this Cc -ode, and in addition to any other permit or entitlement required by local, state or federal law,
company shall obtain a PROW Permit prior to performing any work in the PROW and shall pay all fees
required by this chapter.
13.20.070 Issuance of a PROW Permit.
B. 6 Compliance with the requirements of this chapter, thise Cc -ode and other federal, Sstate and local
requirements.
F. Duration and Validity. Permits shall be void if the work has not begun within ninety (90)ca,edardays
of the start date specified in the permit, if the excavation is not prosecuted diligently to its conclusion, or
if the excavation, including restoration, has not been completed within the specified duration; provided,
however, that the Director may, upon good cause, issue extensions to the start date, the duration of
excavation, or both upon request from company.
13.20.100 Excavations.
B 2. At least ten 10 ^days prior to commencement of the excavation, company shall provide
written notice delivered by United States mail to each property owner on the street affected by the
excavation and each affected neighborhood and merchant organization that is listed in the latest
Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice
shall include the same information that is required for the posted notice pursuant to this subsection (13)(1)
and the name, address and twenty-four (24) hour telephone number of a person who will be available to
SS2-309
provide information to and receive complaints from any member of the public concerning the excavation,
or
3. At least ten 10 e days prior to commencement of the excavation, company also shall deliver
a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall
include the same information that is required for the written notice pursuant to subsection (13)(2) of this
section.
E. 4. Moratorium Streets. The Department may not issue any permit to excavate in any street that has
been reconstructed or resurfaced by the Department or any other owner or person in the preceding five-
year period. However, the Director may, in his or her discretion, grant a waiver of this subsection for good
cause. Good cause shall include the fact that the need to excavate arose in spite of company's full
compliance with the coordination of excavation provisions in Section 13.20.120. The Director is authorized
to grant a waiver for an excavation that facilitates the deployment of new technology or new service as
directed pursuant to official City policy. The Director shall issue his decision on a waiver within a reasonable
period after receipt of a written request for a waiver. The Director may place additional conditions on a
permit subject to a waiver. The Director's decision regarding a waiver shall be final subiect to review in
accordance with Section 13.20.270.
F 3. Storage of Materials. Materials and equipment used for the excavation within seven Lj ealenda
days may be stored at the site of the excavation, except that fill material, sand, aggregate, and asphalt -
coated material may be stored at the site only if it is stored in covered, locked containers.
H 4. Incomplete Excavation —Completion by the City. In any case where an excavation is not completed
or restored in the time and manner specified in the permit, this chapter, or the orders, regulations, and
standard plans and specifications of the Department, the Director shall order company to complete the
excavation as directed within twenty-four (24) hours. If company should fail, neglect, or refuse to comply
with the order, the Director may complete or cause to be completed such excavation in such manner as
the Director deems expedient and appropriate. The company shall compensate the City for any costs
associated with the administration, construction, consultants, equipment, inspection, notification,
remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, boards,
commissions, departments of the City that were made necessary by such excavation. The cost of such
work also may be deducted from company's security fund pursuant to Section 13.20.130. The Director's
determination as to the cost of any work done or repairs made shall be subject to review in accordance
with Section 13.20.2704+na4.
13.20.110 Post -Excavation Repair and Maintenance.
C 1. In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant
to the Director's notice, the Director may repair or restore, or cause to be repaired or restored, such
condition in such manner as the Director deems expedient and appropriate. The person(s) identified by
the Director as the responsible party shall compensate the Department for any costs associated with the
administration, construction, consultants, equipment, inspection, notification, remediation, repair,
restoration, or any other actual costs incurred by the City that were made necessary by reason of the
repair or restoration undertaken by the Department. The cost of such work also may be deducted from
company's security fund. The Director's determination as to the cost of the repair or restoration performed
shall be subiect to review in accordance with Section 13.20.270-.4n-a4.
SS2-310
D 2. If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to
remedy the condition as specified in the communication, the Director may remedy the condition or cause
the condition to be remedied in such manner as the Director deems expedient and appropriate. The
person(s) identified by the Director as the responsible party shall compensate the Department for any
reasonable costs associated with the administration, construction, consultants, equipment, inspection,
notification, remediation, repair, restoration, or any other actual costs incurred by the Department or
other agencies, boards, commissions, departments of the City that were made necessary by reason of the
emergency remediation undertaken by the Department. The cost of such work also may be deducted from
company's security fund pursuant to Section 13.20.130. The Director's determination as to the cost of any
remediation performed shall be 4pa4subject to review in accordance with Section 13.20.270.
13.20.120 Coordination of Excavation.
B 2. Except when waived by the Director, at least one hundred eighty (180) caleAdar prior to
undertaking the resurfacing and reconstruction of any street, the Department shall send a notice of the
proposed repaving and reconstruction to each company.
13.20.150 Construction and Maintenance.
C. Company shall place all above -ground active and passive equipment in flush mounted or low profile
waterproof pedestals whose design, size, location, color within manufacturer's specifications, appearance,
and placement have been previously approved by the Director in writing and shall be in conformity with
thiseeCode and all applicable City ordinances, regulations, rules, and guidelines.
13.20.210 ''Insurance.
A. Except as provided in or as supplemented by any franchise agreement, license or permit, company
shall secure and maintain, at all times, public Iiabilit�L, prape y damage insurance, which types and
amounts shall be determined by the Risk Manager.
SS2-311
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MIMI.-
13.20.270 Appeals from Action of the Director.
If company is aggrieved by any decision of the Director under this chapter, company may appeal the
decision to the City Manager by filing with the City Clerk a statement addressed to the City Manager
setting forth the facts and circumstances regarding the Director's decision and the basis for the appeal.
The appeal shall be accompanied by a fee as established by resolution of the City Council. The City
Manager, not less than ten 10 days from the date on which the appeal was filed with the City Clerk,
shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City
Clerk shall provide written notification of the time and place set for hearing the appeal. The City
Manager may sustain, overrule or modify the action of the Director, and decision of the City
Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section
1094.5.
The right to appeal to the City Manager shall terminate upon the expiration of ten 10 days following
personal delivery to company or the deposit of a letter in the United States mail advising company of the
action of the Director and of the right to appeal such action to the City Manager.
13.20.275 Possessory Interest.
By accepting any PROW Permit granted pursuant to this chapter, company acknowledges that notice is
and was hereby given to company pursuant to Cal.i#eFRia Rev.epue &a44d Taxation Tax. Code Section
107.6 that the use or occupancy of any public property may cause certain taxes to be levied upon such
interest. Company shall be solely liable for, and shall pay and discharge prior to delinquency, any and all
possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any
PROW or public property pursuant to any right of possession, occupancy or use created by any PROW
Permit.
SS2-312
Chapter 14.04
UTILITIES DEPARTMENT —GENERAL REGULATIONS*
Sections:
14.04.040
Interference with Employees Prohibited.
14.04.050
Tampering with Pipes —Altering Water Flow.
14.04.060
Disclaimer of Liability.
14.04.070
Maintenance and Use of Fire Hydrants.
14.04.080
Permit to Use Fire Hydrants.
14.04.090
Cancellation of Fire Hydrant Use Permit.
14.04.100
Obstructing Fire Hydrants.
14.04.110
Water Shut -Off for Repairs or Extension.
14.04.120
Right of Inspection.
14.04.130
Enforcement —Report of Violations.
14.04.140
Sale of Water Outside City.
14.04.150
Contractual Agreement to Supply Water Outside City.
14.04.160
Sale of Excess Water Outside City.
14.04.170
Sale to Serve Area of Acquired Agency.
14.04.180
Conditions of Service.
14.04.190
14 nn 010
City Relieved of Liability.
Utilities ies Department C,;tahI6rhPd
SS2-313
Utilities Manager
14.04.040 Interference with Employees Prohibited.
No person shall interfere with or obstruct the o„hl;,. WArkr DiFee+ r ^ any of his ^r heF duly appoi^+^ �
agents ^ employees, Municipal the unicipal OpeFatiensUtilities Director or any of "iS ^-P her P''4ythe Utility
Director's appointed agents or employees, in the execution of any lawful order or the provisions of this
chapter in the maintenance and operation of the Utilities Department.
14.04.050 Tampering with Pipes —Altering Water Flow.
No person, other than the "*i'iti^S, ""an Utilities Director, or the Utilities Director's4is duly appointed
agents or employees, shall remove, change, disturb, or in any way tamper or interfere with any of the
facilities, apparatus, appliances, or property used or maintained for the production, storage or supply of
water by the City to consumers thereof, or without prior permission of the Mapag^Utilities
Director, turn the water on or off from the premises or place.
14.04.070 Maintenance and Use of Fire Hydrants.
Public fire hydrants shall be placed, maintained and repaired by the Utilities Department. Any damage
thereto by persons or agency other than representatives of the Fire Department or Utilities Department
shall be a claim against the person or agency committing such damage, and the "*i'a'i^rs nnanagerUtilities
Director shall take such action as may be necessary to collect the same.
Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as
herein provided for, and shall be opened and used only by the Utilities Department and Fire Department
for such persons as may be authorized to do so by the Chief of the Fire Department, or the Utilities
Manage-rUtilities Director ^f+"^ ",;';ties Department as herein provided.
14.04.080 Permit to Use Fire Hydrants.
All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City,
shall be required to obtain a permit, first, from the Chief of the Fire Department and second from the
11+il;fi^S nn,Rage~Utilities Director ^f the "tilities Dee -tmeRt who shall issue no such permit to any
person who has violated any of the provisions of this chapter or whose indebtedness to the City for water
used or damage to hydrants or equipment is delinquent. All such persons having a permit for use of water
from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.
14.04.090 Cancellation of Fire Hydrant Use Permit.
Permit for the use of water through the fire hydrants of the City may be canceled at the will of the des
ManageFUtilities Director on evidence that the holder thereof is or has violated the privileges conveyed
thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified
and shall be immediately effective and enforced.
SS2-314
14.04.130 Enforcement —Report of Violations.
It shall be the duty of the employees of the City to give vigilant aid to the Utilities Manage+Utilities Director
in the enforcement of the provisions of this chapter, and to this end they shall report all violations which
come to their knowledge, to the Utilities Department; and it shall be the duty of the Chief of the Fire and
Marine Department to report immediately to the Utilities ""an Utilities Director in case of fire in
premises having metered service for fire protection purposes that fire has occurred there.
14.04.150 Contractual Agreement to Supply Water Outside City.
Subject to all restrictions on the City's power to do so, water may be sold by the City for use outside the
City within the boundaries of ^'*"^P Cea-Aa' MURiGipal ` ateF DistFiethe Municipal Water District of
Orange Count , to persons or public agencies, or the assigns of either, who own contractual rights
or interests in any City transmission main or mains or to whom the City has an obligation, pursuant to any
contract heretofore or hereafter approved by the voters of the City, to supply water for such use. Except
when the provision of contracts heretofore made require otherwise, such sales shall be made and subject
to the same rules and regulations as sales of water are made to inhabitants of the City. A written contract
authorized by the City Council setting out the terms and conditions of the sale and any special
circumstances applicable thereto shall be required with each such person or agency who desires to
purchase water for use outside the City.
14.04.160 Sale of Excess Water Outside City.
Subject to all restrictions on the City's power to do so, the City may sell water, to the extent it has a supply
in excess of that required to adequately serve the inhabitants of the City and the persons and agencies
described in Section 14.04.150, to other persons or agencies for use outside the City within the boundaries
of either the C aStai IVIUnieip ,l V.Iate.r DistFiGt 9F the Municipal Water District of Orange County,
but only so long as the excess supply continues. The City may sell on a month -to -month basis or may
require a contract with each purchaser where the City determines it to be in the best interests of the City
to do so. Such sales shall be subject to the same rules and regulations as for water used inside the City.
The City is under no obligation to continue any such service, and no purchaser receiving such service shall
acquire any right to have the service continued.
14.04.170 Sale to Serve Area of Acquired Agency.
Water may be sold by the City for use outside the City within the boundaries of eith&r the G-^as*a'
Municipal Water DiStFiGt ^r the Municipal Water District of Orange County,�,_and within the service
area of any water distributing agency, the assets of which have been acquired by the City from such agency.
Such sales shall be subject to the same rules and regulations as for water sold within the City.
SS2-315
Chapter 14.08
WATER CONNECTIONS*
14.08.010 Water Connection Authority.
No person is, or shall be authorized to, install any pipe, apparatus, appliance or connection w4kot4e
"*'' ^5; ^^^aF*m^^+ the City's utilities system, except the ""^^^^^Utilities Director or 4i-s-the
Utilities Director's duly appointed agents or employees.
14.08.030 Connection Method.
Upon presentation at the office of the Utilities Department of the receipt for installation of fees and
execution of the agreement hereinbefore provided for, the ""^^^^^Utilities Director shall cause
the premises described in the application, if the same abut upon the street or alley upon which there is a
City water main, to be connected with the City's water main by a service pipe extending from the main to
the curb line on the front of the property or to the side or rear, and including a stop -cock placed, which
service pipe and stop -cock shall thereafter be maintained by and kept within the exclusive control of the
City. In cases of application for water service on premises not abutting upon a street or alley upon which
there is a City water main, the City will lay its service pipe from the main toward the premises for a distance
not to exceed one hundred (100) feet, and permit connection by means of a union and pipes laid at the
expense of and maintained by the owner of the service, or may in the discretion of the Utilities
MaRage+qti[rities Director, upon the payment of the actual costs thereof, extend the service to the
premises of the applicant along and beneath any public street of the City, but not otherwise. No service
connection less than one inch in size shall be installed.
14.08.050 Flow Protection Devices Required.
An approved double-checked valve or other�_backflow protection devices approved in
accordance with Chapter 14.10 shall be installed in all existing water systems of all consumers, at the
expense of the consumer, before service will be continued or granted when any one of the following
conditions apply:
A. Where an unapproved fresh water supply is already available from a well, spring, reservoir or other
source, the installation of backflow protective devices may not be required. If the consumer agrees to
abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this
supply, service may be granted.
B. Where saltwater, or water otherwise nonpotable, is available for industrial or fire protection purposes,
or where fresh water hydrants are or may be installed on docks.
C. Where the premises are or may be engaged in industrial processes using or producing process waters
or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or any other
dangerous substance.
D. Where the circumstances are such that there is special danger of backflow of sewage or other
contaminated liquids through plumbing fixtures or water -using or treating equipment, or storage tanks
and reservoirs.
SS2-316
E. Where an approved water supply line terminates as a pier head outlet which is used to supply vessels
at piers or waterfronts. These installations shall be located where they will prevent the return of any water
from a vessel or any other source into the City water supply system.
F. Where the premises are used for a trailer park.
SS2-317
Chapter 14.10
CROSS -CONNECTION CONTROL PROGRAM
Sections:
14.10.005 Purpose.
14.10.010 Definitions.
14.10.015 Cross -Connection Protection Requirements.
14.10.020 Backflow Prevention Devices.
14.10.025 User Supervisor.
14.10.030 Administrative Procedures.
14.10.035 Water Service Termination.
14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
14.10.045 Violations.
14.10�OW c,,.,,.Fability.
14.10.005 Purpose.
The purpose of this chapter is (1) to protect the public water supply against actual or potential cross -
connection by isolating within the premises contamination that may occur because of some undiscovered
or unauthorized cross -connection on the premises; (2) to eliminate existing connections between drinking
water systems and other sources of water that are not approved as safe and potable for human
consumption; (3) to eliminate cross -connections between drinking water systems and sources of
contamination; (4) to prevent the making of future cross -connections in the future; (5) these regulations
are adopted pursuant to the State A-f Ealofernia d-MinistFative C-e;�17 Title 17, public "^a'*", CCR
C-Adp Rpous-Sections 7583 throueh 7605a^*i*'ed "Q^^, dAtin^,; Qoi-,+;^,. + r „«_r.,^^oc+;,,^s
14.10.010 Definitions
Air -Gap Separation (referred to as AG). The term "air -gap separation" or "AG"j means a physical break
between a supply pipe and a receiving vessel. The air -gap shall be at least double the diameter of the
supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.
14.10.015 Cross -Connection Protection Requirements.
A. Where Protection is Required.
1. Each service connection from the City water system for supplying water to premises having an
auxiliary water supply shall be protected against backflow of water from the premises into the
SS2-318
public water system unless the auxiliary water supply is accepted as an additional source by the
City, and is approved by the public health agency.
2. Each service connection from the City water system on which any substance is handled in such
fashion as may allow its entry into the water system shall be protected against backflow of the
water from the premises into the public system. This shall include the handling of process waters
and waters originating from the City water system which have been subjected to deterioration in
sanitary quality.
3. Backflow prevention devices shall be installed on the service connection to any premises
having (a) internal cross -connections that cannot be permanently corrected and controlled to the
satisfaction of the state or local health department and the City, or (b) intricate plumbing and
piping arrangements or where entry to all portions of the premises is not readily accessible for
inspection purposes, making it impracticable or impossible to ascertain whether or not cross -
connections exist.
B2 Two or more services supplying water from different street mains to the same building, structure
or premises through which an interstreet main flow may occur, shall have -at least a S+a.nda.d ^"^e'-
metPr,;. S,wh c-.rec'- w"'v^ ;""" ^^+ he r-An i eFed adequate +backflow protection is -deemed
necessary to protect the City's mains from pollution or contamination; in such cases the
installation of approved backflow devices at such service connections shall be required.
14.10.020 Backflow Prevention Devices.
B 1. Backflow prevention devices shall be installed in a manner prescribed in S^^* E)R 76Q2 TiI4e 17 CCR
Section 7603ef the r^life-'^i- Administrative G-e-de. Location of the devices should be as close as practical
to the user's connection. The City shall have the final authority in determining the required location of a
backflow prevention device.
a. Air -Gap Separation (AG). The air -gap separation shall be located on the user's side of and as
close to the service connection as is practical. All piping from the service connection to the
receiving tank shall be above grade and be entirely visible. No water use shall be provided from
any point between the service connection and the air -gap separation. The water inlet piping shall
terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than
one inch above the overflow rim of the receiving tank.
b. Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure
principle backflow prevention device shall be installed on the user's side of and as close to the
service connection as is practical. The device shall be installed a minimum of twelve (12) inches
above grade and not more than thirty-six (36) inches above grade measured from the bottom of
the device and with a minimum of twelve (12) inches side clearance. The device shall be installed
so that it is readily accessible for maintenance and testing. Water supplied from any point between
the service connection and the RP device shall be protected in a manner approved by the city.
c. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located
as close as practical to the user's connection and shall be installed above grade, if possible, and in
a manner where it is readily accessible for testing and maintenance. If -a deub'^ cheek valve
SS2-319
us below it be
installed
in that
there is
assembly put grade must
a vault such
a minimurn of
AA_ MA *haA Magffi.M.161m ef inehes
belew
there is a
minimum Aef. wiip.celhies ef.
.5; -Fe _;; eight
grade, se
six
an tegFate d h ,++ ,. Est be pl- e d .
-, +hrpp
h I- yeF of gray I
14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
Each applicant for certification as a tester of backflow prevention devices shall file an application with the
I Itil;t;^S M RagerUtilities Director of the City of "*.port B The certification shall be granted if the
applicant satisfies the following minimum requirements:
-BA. Hold a valid certification from the American Water Works Association (AWWA), California -Nevada
Section, from a County certification program, or have equivalent training in the opinion of the City and the
Health Department.
BQ Each applicant for certification as a tester of backflow prevention devices shall furnish evidence to
show that he has available the necessary tools and equipment to properly test such devices. He shall be
responsible for the competency and accuracy of all tests and reports prepared by him.
Cs. Competency in all phases of backflow prevention device testing and repair must be demonstrated
by means of education and/or experience.
PeFtieRS ef this chapter eF aRY P@Ft
thP_.FP_A_f. The Ce-uncil hereby declares that ft I.A.�AM-ld- Wave passed each
that
---graphs, be
any ene er mere seCtieRS, subsectieRS,
declare d invalid.
SUbdi seRteRces, clauses, er phrases
SS2-320
Chapter 14.12
WATER RATES AND CHARGES*
14.12.090 Delinquent Water Service Discontinuance and Fees.
A 4. In situations other than as set forth in subsection (A)(5) of this section, for nonpayment of a bill for
services previously rendered to the customer at any location served by the City provided such bill has been
delinquent for at least sixty (60) calendar days and is not paid within seven (7) business days after mailing
of a delinquent notice.
5. For failure to abide by the terms of an alternative payment arrangement entered into between the
City and the customer, as provided in subsections (C)(3) or (4) of this section, by failing to do any of the
following for sixty (60) ealendaF days or more:
F. The City Manager shall create and promulgate a written policy, to be available on the City's website,
regarding the discontinuation of residential water services for nonpayment. Such policies shall be in
conformance with the requirements of California Cal. Health &ate Safety Code Sections 116900 et seq..,,
statutes.
14.12.095 Customer Requests.
Except for the discontinuation of water service for failure to abide by the terms of an alternative payment
arrangement, as provided in Section 14.12.090(A)(5), any residential customer who has initiated a
complaint or requested an investigation up to the calendar day prior to scheduled date of service
discontinuation, as stated in the delinquent notice required by Section 14.12.110, or who has, before
discontinuance of service, made a request for extension of the payment period of a bill asserted to be
beyond the means of the customer to pay in full within the normal period for payment, shall be given an
opportunity for review of the complaint, investigation, or request by the City. The review shall include
consideration of whether the customer shall be permitted to defer payment on the bill for thirty (30)
calepelar or participate in an alternative payment arrangement where the unpaid balance of the
delinquent account is paid back monthly, over a period not to exceed twelve (12) months.
Any customer whose complaint or request for an investigation has resulted in an adverse determination
by the City's Revenue Division may appeal the determination to the Finance Director ^.r "m-r ^.r her designee
14.12.100 Due Date.
All customers whose premises are connected to the municipal water system shall be billed on a regularly
scheduled basis and all charges shall be received by the due date indicated on the municipal services
statement, of which said due date shall be no less than nineteen (19) calendar days after the date of
mailing.
14.12.110 Delinquent Notice.
B 6. The procedure to request a deferment of the payment for thirty (30)ca;Rdardays, or a payment
plan.
SS2-321
14.12.125 Delinquent Water Service Restoration.
A 3. For a residential customer who demonstrates that their household income is below two hundred
(200) percent of the federal poverty line, such restoration charge shall not exceed the lesser of fifty dollars
($50.00) or the cost of services during regular work hours; or exceed the lesser of one hundred fifty dollars
($150.00) or the cost of services during non -regular work hours. aegiRRO rg jaRuaFy 1, 2521, Effective
January 1, of each year, such charges shall automatically adjust annually to reflect changes in the
Consumer Price Index for the preceding twelve months, rounded down to the nearest dollar
e#es J a�1.
Anah i GalifeMia.
14.12.150 Third -Party Notification.
The City shall make available to its residential customers who are dependent adults as defined On paragFaph
(1) Of bdiVOSO R (b) of SeGti9R 15610 Af rho, Cal. Welf.afe &aR4 Inst.i,G,S Code Section 15610 (b)(1)-, a
third -party notification service, whereby the City will attempt to notify a person designated by the
customer to receive notification when the customer's account is past due and subject to discontinuation.
The notification shall include information on what is required to prevent discontinuance of service. The
residential customer shall make a request for third -party notification on a form provided by the City, and
shall include the written consent of the designated third party. The third -party notification does not
obligate the third party to pay the overdue charges, nor shall it prevent or delay discontinuance of service.
14.12.160 Landlord and Tenant.
Whenever the City furnishes either individual metered or master metered water service to residential
occupants in a single-family dwelling, multi -unit residential structure or mobile home park, where the
owner, manager or operator is listed as the customer of record, the City shall make a good faith effort to
inform the residential occupants, by means of a written notice, when the account is in arrears, that service
will be terminated at least fifteen (15) E days prior to such discontinuance. Such notice shall further
inform the residential occupants that they have the right to become customers to whom service will then
be billed, without being required to pay any amount which may be due on the delinquent account.
SS2-322
Chapter 14.16
WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM
14.16.010 Findings and Purpose.
C 6. �,1°�Ra-Cal. WaterWat. Code Section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve supplies.
14.16.020 Definitions.
"Director" shall mean the Director of the City of Newport Beach's Utilities Department er his ^P her
designee.
14.16.040 Permanent Mandatory Water Conservation Requirements.
N. Use of Hydrants. No person shall use water from any fire hydrant for any purpose other than fire
suppression or emergency aid without first obtaining a City hydrant meter account or written approval
from the Director ^.r "iS ^.r "^.r designee Absent a meter account or Director approval, water theft and
meter tampering fees shall be applied as appropriate.
14.16.130 Relief from Compliance.
F. Appeal of Final Decision. A customer may appeal the decision of the Director by submitting a written
request within fifteen (15) days of the date of the Director's written decision. A written appeal request
shall be submitted to the City Manager and include the reasons for the request and signature of the
customer submitting the request. The City Manager may approve or disapprove the appeal within thirty
(30) days from receipt of a request. The City Manager shall hear the appeal and the decision of the City
Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section
1 nq4 5
14.16.050 Procedure for Declaration and Notification of Water Supply Shortage.
A. Upon the Director's determination of the existence of a water supply shortage based on the criteria
and stages defined in the City's Water Shortage Contingency Plan, the City Council may declare a water
supply shortage from Level One up to Level Six. In accordance with Gall ferns , `4a Cal. Wat. Code Sections
350 through 352, the City Council may also declare a Level Six catastrophic water supply shortage in
response to a disaster or sudden event that has or threatens to significantly diminish the reliability or
quality of the City's water supply.
14.16.140 Enforcement.
BQ Additional Enforcement Options. In addition to the fines and penalties provided for in Chapters 1.04
and 1.05, tThe City may impose the following requirements on a customer in the event of a continuing or
willful violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one
gallon per minute for services up to one and one-half JMinches in size and comparatively sized
SS2-323
restrictors for larger services. Prior to doing so, the City shall first provide a minimum of forty-eight
(48) hours' notice of its intent to install a water flow restrictor. In the event that a customer refuses
to permit the installation of a water flow restrictor following the City's election to do so, the City
may terminate the customer's water service.
SS2-324
Chapter 14.17
WATER -EFFICIENT LANDSCAPING
14.17.010 Definitions.
N. "Licensed professional" means a licensed landscape architect, California licensed landscape
contractor, civil engineer, architect, or any other person authorized to design or construct a landscape
pursuant to
7027 5 of the Calif FRia Cal. Bus.iness &aft Prof.essia;s Code, Sections 5500.1, 5615, 5641, 5641.1,
5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, S etie, 832.27 fTifle 16 CCR efth C-alif..r
r^,,^ .,f Regul tiers Section 832.27, and _S^C*'A_.A ^f the Cal_ a Food &a-r4 Agrje, A, we Code
Section 6721, 9F any sueeesseF statutes
R. "MWELO" means the Water Efficient Landscape Ordinance as set forth in 23 6aTEePe—ef
°^rt TCCR Divisi^^' GhapteF'.7, Section 490 et seq.
SS2-325
Chapter 14.20
WATER METERS*
14.20.010 Property of City —Damaged or Lost Meters.
A. All meters, unless otherwise authorized by the "*i'i*i^5, Man ^^Utilities Director, shall be and remain
the property of the City and will not be removed unless the use of water on the premises is to be entirely
stopped, or the service connection discontinued or abandoned.
14.20.060 Meters Inside Premises.
When a water meter is placed inside the premises of a consumer, for the convenience of the consumer,
provisions shall be made for a convenient meter reading and repairing by representatives of the City.
Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the
option of the Utilities Map Utilities Director and the withholding of service until connection is made at
the curb -line as herein provided.
SS2-326
Chapter 14.24
SEWER CONNECTION, PERMITS*
Sections:
14.24.010 Definitions.
14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.
14.24.030 Application for Sewer Connection.
14.24.040 Contents of Application.
14.24.050 Sewer Connection Fee.
14.24.060 Sewer Connection Requisite to Occupancy.
14.24.065 Sewer Use Charge.
14.24.070 Owner Indebted for Expense.
14.24.080 Sewer Connections in the Orange County Sanitation DistrictNO :7.
14.24.090 Permit Required for Connection Outside of City.
14.24.100 Permit Conditions for Connection Outside of City.
14.24.110 Consent Discretionary for Connection Outside of City.
14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.
Every dwelling unit or business structure in the City shall be connected with the public sewer in the
manner, at the place, under the supervision of and to the satisfaction of the Municipal Operations Utilities
Director, if the dwelling unit or business structure is within two hundred (200) feet of the public sewer.
Each dwelling unit or business structure shall be individually connected to the City sewer system unless
otherwise approved by the MURicipal OperatieRSUtilities Director. All sewer laterals shall be inspected by
the Municipal Operations UtiIities Department either at the time of demolition or before final approval of
the building permit or granting of occupancy for all projects involving demolition, construction,
reconstruction and/or substantial remodeling of any dwelling unit or business structure. Each sewer lateral
connection shall be replaced and/or constructed in accordance with the City's standards for such
construction and shall have a clean -out assembly installed at the property line whenever one or more of
the following apply:
E. Wherever sixj6) or more fixture units (per the Uniform Plumbing Code (UPC)) are added to an existing
plumbing system; or
14.24.050 Sewer Connection Fee.
The applicant shall pay * ^ e hundred fifty dollars ($250 00) a connection fee, as set by resolution adopted
by the City Council, for each connection to the public sewer.
SS2-327
14.24.080 Sewer Connections in the Orange County Sanitation DistrictNo. 7.
No building permit shall be issued by the Community Development Department for any construction
requiring a sewer connection which is located within the boundaries of the Orange County Sanitation
District Pie :7 ^{ Grange Ce my until the applicant has presented written evidence of payment of any
connection charges required by said district.
SS2-328
Chapter 14.30
FATS, OILS AND GREASE (FOG) CONTROL*
Sections:
14.30.010 Intent and Purpose.
14.30.015 Definitions.
14.30.020 Permit Required.
14.30.025 Requirements.
14.30.027 Prohibitions.
14.30.030 Grease Control Devices.
14.30.035 Exceptions.
14.30.040 Fees.
14.30.045 Sampling and Monitoring.
14.30.050 Sanitary System Overflows (SSOs) and Recovery of Costs and Fines.
14.30.053 Compliance Schedule Agreement.
14.30.055 Termination or Suspension of Service.
14.30.057 Notice of Non-compliance
14.30.060 Violations and Penalties.
* Prior ordinance history: Ords. 97-3, 96-22 and 91-5.
14.30.015 Definitions.
"Food service establishment (FSE)" means a food facility+es as defined in in Califernia Uniferm Retail Feed
Service EstaWish ments Law (C RPP) Cal. Health and Safety Code Section 113789§, and any commercial
entity within city, operating in a permanently constructed structure such as a room, building, or place, or
portion thereof, maintained, used, or operated for the purpose of preparing, serving, or manufacturing,
packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its
members or employees, and which has any process or device that uses or produces FOG, or grease vapors,
steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined i^
CURPPL Section 113785. A limited food preparation establishment is not considered a food service
establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and
as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food
SS2-329
preparation establishment does not include any operation that changes the form, flavor, or consistency of
food.
"Grease control device" or "device" means any gravity grease interceptor, gFease4F4p hydromechanical
grease interceptor or other mechanism, the purpose of which is to trap or collect or treat FOG prior to it
being discharged into the sewer system.
"Gravity gGrease interceptor" means a multi -compartment grease control device that is constructed in
different sizes and is required by the City to be located, according to the Uniform Plumbing Code,
underground between a FSE and the connection to the sewer system.
"Hydromechanical grease interceptors (HGls)" (formerly named grease traps) means a device used to treat
kitchen wastewater from food service establishments (FSEs) using gravity separation aided by vented flow
control. They are typically installed indoors and connected to one to four (1-4) sinks in the kitchen.
"Limited Food Preparation Establishments ("LFPE") means an FSE that engages only in beverage services
and limited reheating of ready -to -eat food products and, as a result, generates no wastewater discharge
containing FOG (e.g., specialty coffee houses). LFPE's shall be determined by the City and are exempt from
annual FOG BMP inspections.
. heF de
"Remodeling" means a physical change in an FSE causing an increased amount of FOG to the sewer system,
as determined by the BUil iRg DiFe ^ Community Development Director; or exceeding a cost of fifty
thousand dollars ($50,000.00) to a FSE that requires a building permit, and involves any one or
combination of the following: (1) under slab plumbing in the food processing area, (2) a thirty 30 percent
{� increase in the net public seating area, (3) a thirty 30 percent(30%) increase in the size of the
kitchen area, or (4) any change in the size or type of food preparation equipment.
"Regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the
City's facilities, including, but not limited to:
4. South Coast Air Quality Management DistrictC#y (SCAQMD).
5. California Department of Public Healthue-alth Sees,,,. (DPH#S).
6. Orange County Health Care Agency (OC HCA).
"Utilities SuperintendentMa+i,@�" means the Utilities SuperintendentGenera' Manager of the City's
Municipal Oper-,jens Utilities Department ^.r his ^.r her desigRee
14.30.025 Requirements.
A 2. Authorize the Municipal QpeFatiensUtilities Director to access and inspect an FSE to ensure
compliance with this chapter during all times the FSE is open, operating, or any other reasonable time.
3. Require the FSE to immediately notify the City by telephone at the number specified by the Munmempa4
OperatiensUtilities Director in the event the FSE is unable to comply with any requirements of this chapter
due to a breakdown of equipment, accidents, or human error, or when the FSE has reasonable opportunity
to know that a discharge will exceed the provisions of this chapter. This notification shall not relieve the
SS2-330
FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to
the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of
any fees, fines or other liability which may be imposed by this chapter or other applicable law.
4. Require the FSE's adherence to best management practices to minimize the discharge of FOG to the
sewer system. These BMPs shall be developed by the Utilities ManagerSuperintendent, updated annually,
and distributed to each permit holder.
5. Require the FSE to maintain any grease control device in an efficient operating condition by removing
the full content of the device which includes wastewater, accumulated FOG, floating materials, sludge and
solids in a manner consistent with the maintenance frequency and maintenance practices approved by
the MHRirzipal QpeFa: eRS Utilities Director.
6. Require all food service establishments to clean the sewer lateral from the grease control device to
the sewer main, at least annually, or at a frequency that ensures proper flow within the sewer lateral and
to maintain a record of the cleaning on file for review at the FSE.
76. The FSE shall keep all waste manifests, receipts and invoices of all cleaning, maintenance, grease
removal of or from the grease control device, disposal carrier and disposal site location for no less than
twos years. The FSE shall, upon request, make the waste manifests, receipts and invoices available to
any City representative, or inspector.
t.
6B. New FSEs or FSEs that are newly required to have a permit shall have received a grease disposal
permit prior to the Building Official's issuance of a certificate of occupancy. An FSE may not open for
business nor serve customers without receiving and maintaining a valid grease control permit.
14.30.027 Prohibitions.
B. No FSE shall have or install'^+_"_*i^^ of a food grinders in the sewer system for a system 9
-all Rev.f FSEs an new er existing buildings, and OR all existing FSEs uRdergeing remedeling er a change
ems.
C. No FSE shall have a gravity grease interceptor that is less than seven hundred fifty (750) gallons or
more than two thousand (2,000) gallons, unless authorized by the City.
DQ Introduction of any additives into an FSE's wastewater system for the purpose of emulsifying FOG,
for grease remediation or as a supplement to interceptor maintenance unless a variance is obtained in
accordance with Section 14.30.035.
Es. Discharge of wastewater from dishwashers to any grease control device.
F€. Discharge of wastewater with temperatures in excess of 1407 to any grease control device.
G€. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials
to sewer lines intended for grease control device service, or vice -versa.
HG. Discharge of any waste including FOG and solid materials removed from the grease control device
to the sewer system.
SS2-331
1#. Tampering with or knowingly rendering inoperable any grease control device, monitoring device or
method or access point.
Ji•. Interfering with, delaying, resisting or refusing entrance to City representatives attempting to inspect
any facility involved directly or indirectly with a discharge of wastewater to the City's sewer system.
K�. Making any false statement or representation on any record, report, plan or other document that is
filed with the City in accordance with this chapter.
14.30.030 Grease Control Devices.
A. Any new FSE, any FSE undergoing remodeling, any FSE undergoing a change in operations or, as
directed by the Muniempal QpeFatiensUtilities Director, any FSE that violates the provisions of this chapter,
shall obtain a permit from the Building Official to install a grease control device.
B. All grease control devices shall be installed per manufacturers specifications unless otherwise
approved by the City. The Community Development Department will specify, size, style, location,
orientation, and any other special conditions for the installation of the grease control device.
C-R. Upon approval of the Building Official, grease control devices for FSEs may be "gang" devices which
accept FOG from more than one FSE. Each FSE that contributes FOG to a gang device shall be responsible
for the installation and maintenance of the grease control device. A written service agreement from the
property management company detailing which party is responsible for maintenance may be required by
the City.
DQ The Building Official shall not issue a certificate of occupancy for an FSE which is required to have a
grease control device until the device has been installed, inspected and approved by the Utilities
GE)M , URit„ Development Department.
Es. Any decision of the Building Official pursuant to this chapter maybe appealed by any interested party
to the Building and Fire Board of Appeals, pursuant to Chapter 15.80 of thise "'ewpeFt Beach nn, Rie;pal
Code.
14.30.035 Exceptions.
A 1. Variance. If the UtilitiesMunieupal QpeFatiORs Director finds that a treatment or pretreatment
product, combined with best management practices, will limit or eliminate FOG discharges from a
particular FSE, the Utilities Manager may exempt that FSE via a variance.
2. Waiver. The Building Official, in consultation with the Utilities Director, shall
exempt an FSE from the requirements of Section 14.30.030 via a waiver; provided, that the FSE complies
with all other provisions of this chapter; and provided, that any of the following conditions exist:
b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease
control device and/or between the grease control device and the private collection lines or the
public sewer; or
er ^dell
SS2-332
cd. The FSE conducts operations that do not produce FOG in a quantity that adversely affects the
wastewater system. In this case, the waiver shall include conditions placed by the muniGipal
C)PeFatieRsUtilities Director on the FSE's operations that provide for continued limits on FOG
production.
14.30.045 Sampling and Monitoring.
A. Two meet the objectives and requirements of this crrhapter, the Utilities Director may require
a FSE to construct, maintain, and provide access to monitoring facilities at the FSE's expense.
B. The location of the monitoring facilities shall be subject to approval by the Utilities Director.
C. FSEs may be required by the Utilities Director to submit waste analysis plans, contingency plans, and
meet other necessary requirements to ensure proper operation and maintenance of the grease control
device and compliance with this chapter.
D. In the event that inspection of the point of sewer lateral connection to the sewer system indicates
that FOG discharge by an FSE is causing or contributing to build up of FOG inside the sewer lateral where
it has discharged, or has the potential to discharge to the sewer system, or in the event that an FSE fails to
comply with the prohibitions of this chapter, the Utilities Director, shall have the authority to modify the
permit to require the installation of a City approved grease control device. Any person who is dissatisfied
with a decision of the Utilities Director to modify a permit may appeal such decision to the City Manager
by filing a written statement of appeal with the City Clerk within fifteen (15) days after service of the
decision in the manner provided in Section 1.08.080. The City Manager shall fix a date for hearing the
appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such
appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section
1 n4a s
14.30.053 Compliance Schedule Agreement.
In the event that non-compliance with the provisions of a discharge permit or this chapter has occurred
or is continuing, the Utilities Director may request that the FSE or other party enter into a Compliance
Schedule Agreement. The Compliance Schedule Agreement may state terms and conditions to allow the
FSE or other party to come into compliance with a discharge permit or other previsions in this chapter.
The Utilities Director shall not enter into a Compliance Schedule Agreement until all amounts due and
owing to the City under applicable ordinances and policies have been paid, or until the City has approved
a payment plan.
14.30.055 Termination or Suspension of Service.
A. Termination. The Utilities Director may physically terminate watersewer service to any property upon
order of any official from the Regulatory Agencies for illicit or illegal discharges due to public health.
B. Suspension. The Utilities Director may suspend waterer service when the Utilities
Superintendent a determines that the suspension is necessary to stop an actual or impending
discharge which presents or may present an imminent or substantial endangerment to the health, safety
and welfare of persons, or to the environment. Any discharger notified of and subject to a suspension
order, shall immediately cease and desist the discharge of all wastewater Centaining F to the sewer
system.
SS2-333
C. All costs for physical termination shall be paid by the owner or operator of the FSE as well as all costs
for reinstating service.
14.30.057 Notice of Non-comaliance
In the event an FSE is found to be non -compliant with the provisions of a discharge permit or this chapter,
the Utilities Director may issue a written Notice of Non-compliance, whereby the FSE or receiving party
shall comply with all directives, conditions, and requirements contained therein within the time
prescribed. A Notice of Non-compliance may direct the receiving party to cease and desist from activities
or actions that are prohibited by this chapter and it shall be a violation of this section for any person to fail
to comply with the Notice of Non -Compliance. Each Notice of Non-compliance shall state a reasonable
time aeriod for the FSE or receivine warty to come into compliance with the Notice of Non-comaliance.
14.30.060 Violations and Penalties.
9—.A. In -addition to the fines and penalties provided for in Chapters 1.04 and 1.05, -any p-Persons violating
the provisions of this cGhapter may be subject to the following penaltiese
4—Rpursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., which provides that
any violator may be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per
violation for each day in which such violation occurs.
BQ The amount of any civil penalty assessed shall be based on relevant circumstances, including but not
limited to, the following:
Cs. The decision of the Utilities Director to levy penalties may be appealed to the City Manager within
ten (10) days of the service of the decision as provided in Section 1.08.080. The City Manager shall fix a
date for hearing the appeal and shall give notice thereof to the party appealing in the manner provided
for in Section 1.08.080. The decisions of the City Manager on such appeals shall be final as to the City but
subject to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 ^.r his ^.r her designee
SS2-334
Chapter 14.33
WATER CAPITAL IMPROVEMENT CHARGES
14.33.020 Definitions
„i-Ifilri"t;Ts M 'a"R'Ag'e„T9IF „V"TTIgQT ii meap th'eC
14.33.040 Water Capital Improvement Charges.
A water capital improvement charge in *he nt ^f+.ye- the- u.--,.,.J h--PdFed fifty d llar- ($2 ,950 nn4
per gross acre i-,shall be setes*ed by resolution of the City Council wand shall be applicable to
all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030
of this chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the
actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property,
or portions thereof, to be served or benefitted, including abutting streets, rights of way and easements,
both public and private.
14.33.110 Administration and Appeals.
The Utilities MaRa xe-r- irector shall be charged with the duty of administering the procedures set forth in
this chapter and any rules and regulations adopted pursuant to 4-said authority. Any person who is
dissatisfied with a decision of the Utilities MaRa xe4:-Director may appeal such decision to the City Manager
by filing a written statement of appeal with the City Clerk within fifteen (15) days after he service of the
notice of decision in the manner provided in Section 1.08.080h-r r^c^i;x^d ^^tiP^ ^f the der-ision. The City
Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The
decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review
pursuant to Cal. Code Civ. Proc. Section 1094.5 .
SS2-335
Chapter 14.34
WATER WELL STANDARDS
Sections:
14.34.010
Intent and Purpose.
14.34.020
Definitions.
14.34.030
Well Standards Advisory Board.
14.34.040
Acts Prohibited —Permit Required.
14.34.050
Permits.
14.34.060
Completion of Work.
14.34.070
Notice —Cancellation or Denial of Permit.
14.34.080
Notice —Public Nuisance.
14.34.090
Immediate Abatement.
14.34.100
Board Hearing.
14.34.110
Abatement Costs a Special Assessment.
14.34.120
14.34.13APenalty.
Standards.
14.34.020 Definitions
Community Water Supply Well.. means a water well used to supply water for domestic purposes. A wate
�.qell USP-d- to supply water for d-A-mestie purposes iR systems subject to Chapter 7 Af P;;rt Af D*vkoAn 9 Af
+ho Cpflafnrnip uo;l+h And Safety Cede.
14.34.110 Abatement Costs a Special Assessment.
Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of
abatement carried out under the terms of this section shall constitute a charge and special assessment
upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be
declared a special assessment against that parcel as provided in Cal. Gov.ernment Code Section 25845.
Such special assessment shall be collected at the same time and in the same manner as ordinary County
taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case
of delinquency as provided for ordinary County taxes. The County shall retain the additional and
SS2-336
independent right to recover its costs by way of civil action against the owner and person in possession or
control, jointly or severally.
14.34.120 Standards.
Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the
standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II -,,�I
Appendices E, F and Q and future amendments theFete. UnVPl such ime as standards fer cathodic
pFeteVen YMPS and electrical gFeUR?Rg "Fells are recommended by the Department of
such wePs shaP Conform to the "Tentative Deep Anode Standards," Sheets A 49:7 S 1 @Rd A 497 S 2,
revised December 10, 1969, ofthe Se,,+hu Cal -if rka r.,+l,,,le PF teci n � , ;++ Well Standards
�vcrcrnTTcaTrrvrrrrcrca crn�crrc-iTvcc c crvrrcvrrrrrrrcc ct .
may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory
Board, where required to cope with local geological and ground water conditions.
1 A 2A 1 30 D.,nalty
ARY Person *Me &ohms the terms Of this chapter OF any permit issued hereunder shall be guilty Of a
SS2037
Chapter 14.36
WATER QUALITY
14.36.010 Purpose and Intent.
The United States Congress passed the Clean Water Act (33 U.S.C. Section 1251 et seq., aS aMeRde4d,
including Section 402(p) therein, being 33 U.S.C. Section 1342(p)) as a mandate, in part, that municipalities
separate storm water runoff and sanitary sewer systems, in areas such as in Orange County, obtain permits
to "effectively prohibit non -storm water discharges into the storm sewers" and "require controls to reduce
the discharge of pollutants to the maximum extent practicable ...." This permitting authority has been
delegated by the United States Environmental Protection Agency ("EPA") to the State of California, which
has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional
Water Quality Control Boards, to control non -point source discharges to California's waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the obligation to
implement the Clean Water Act by issuing Waste Discharge Requirements governing storm water runoff
for the County of Orange. These permits shall be referred to collectively herein as the National Pollution
Discharge Elimination System Permit or "NPDES Permits.". -
The City of PjewpeFt Beach is participating as a "Co-permittee" under the NPDES Permits in the
development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.
14.36.020 Definitions
--__.... _ ., 1... ., .,._ -, _-r .,,-.... . . -, ,.., „ . - _...... -.... „ .
the agent, employee n representative of any of+he abeyo
"Enforcing Attorney" means the City Attorney or District Attorney acting as counsel to the City of "port
Q^a^h and hisiher designee which counsel is authorized to take enforcement action. For purposes of
criminal prosecution, the District Attorney, ^F his/her deSigRee, shall act as the Enforcing Attorney.
14.36.060 Enforcement
A 1. Notice of Noncompliance. In addition to any other remedy or means of enforcement authorized by
law or this Cc -ode, the Authorized Inspector may deliver to the owner or occupant of any property, or to
any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The
notice of noncompliance shall be delivered in accordance with this section.
10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten 10 business
days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the
appealing party. The final decision shall include notice that any legal challenge to the final decision shall
be made pursuant to the provisions of r d „f rP.,.l 12FA-ced-We-Cal. Civ. Proc. Code Sections 1094.5 and
1094.6 and shall be commenced within ninety (90) days following issuance of the final decision. If the
appellant is the prevailing party, the administrative hearing fee paid by Appellant shall be refunded.
SS2-338
Notwithstanding the foregoing, the final decision of the Hearing Officer in any proceeding determining the
validity of a cease and desist order or following an emergency abatement action shall be mailed within
five (5) business days following the conclusion of the hearing.
B 3 a. At the direction of the City Manager or the Authorized Inspector, the Enforcing Attorney is
authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money
judgment or by delivery to the County Assessor of a special assessment against the property in accord
with the conditions and requirements of Gevemment Cal. Gov. Code 38773.5.
E. Citations. Pursuant to Cal. Pen.a4 Code Section 836.5, the Authorized Inspector shall have the authority
to cause the arrest of any person committing a violation of this chapter. The person shall be released and
issued a citation to appear before a magistrate in accordance with Cal. Pen.a4 Code Sections 853.5, 853.6
and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation,
the Authorized Inspector shall refer the matter to the Enforcing Attorney.
F. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation
of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., or the State Porter -Cologne Act, Cal4efj-,4a. Wat.
Code Section 7, and other laws and also may be subject to sanctions including civil liability. Accordingly,
the Enforcing Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section
505(a), U.S.C. §§ 1365(a), seeking penalties, damages and orders compelling compliance, and other
appropriate relief. The Enforcing Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional
Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of
this chapter.
14.36.070 Permits.
A 1. Permit. On application of the owner of property or the operator of any facility, which property or
facility is not otherwise subject to the requirements of a State General Permit or a National Pollution
Discharge Elimination System Permit regulating storm water discharges, the City Manager ^fie may
issue a permit authorizing the release of non -storm water discharges to the Storm Water Drainage System
if:
SS2-339
Chapter 15.02
ADMINISTRATIVE CODE
15.02.085 Addition of Section 105.3.1.1—
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of
a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the
handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set
by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application
and the Demolition Contractor Certification and Deposit Form. Said deposit shall be returned to the
permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the
demolition project, upon the submittal of documentation that a franchised solid waste enterprise was
used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be
forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of
all demolition wastes.
If the Building Official finds that the work described in an application fora demolition permit and the plans,
specifications and other data filed therewith conform to the requirements of this Code and the technical
codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have been paid
and that a franchised solid waste enterprise is being used, the building official shall issue a permit
therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall
notify the MURi ipal ^^^rati^^S DiViS;^n Of Public Works Department no less than twenty-four 24 hours
or more than seventy-two 72 hours in advance of its intent to commence demolition and provide the
name of the franchised solid waste enterprise that will conduct the demolition activities. Any hauling or
disposal of demolition and construction wastes by other than the identified franchised solid waste
enterprise shall subject the project to suspension of work as authorized in this code.
15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
For any one -unit or two -unit dwelling for which a tentative and final tract map is not required, the
maximum allowable time to complete construction for any work that requires a building permit including,
but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s),
modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is
granted in accordance with Section 105.3.4.
For building permits issued on or after June 1, 2019, the time limit to complete construction shall begin
on the date of issuance of the first or original building permit. For building permits issued prior to June 1,
2019, the time limit to complete construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the date of construction
completion for purposes of Section 15.02.095. Time limits set forth herein shall not be extended by
issuance of a subsequent building permit(s) for the same project.
SS2-340
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended
as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with
the Building Official, in writing and on a form provided by the Building Official, an application for extension
which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii)
when the first or original building permit was issued; (iv) the length of time extension requested, which
shall not be greater than three hundred and sixty-five (365) ealendaF days; (v) how many previous
extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if
the application is approved; (viii) a brief description of the improvements that are the subject of the
application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no
later than forty-five (45) ealendar prior to the expiration of the building permit. The application for
extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule.
c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant,
conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five
(365) er days. The Building Official shall only grant an extension if he/she determines adequate
progress has been made towards completion of construction and the request for extension is necessary
for its completion. The decision of the Building Official shall be final as to the City but subject to judicial
review pursuant to Cal. Code Civ. Proc. Section 1094.5.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building
Official, a property owner, or authorized agent of the property owner, may request an additional extension
by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension
which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii)
when the first or original building permit was issued; (iv) the length of time extension requested, which
shall not be greater than one hundred and eighty (180) calendar days; (v) how many previous extensions
have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the
application is approved; (viii) a brief description of the improvements that are the subject of the
application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no
later than forty-five (45) calendar days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee
identified in the City's master fee schedule.
3. Scheduling and Noticing.
SS2-341
a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated
by the City Manager, shall hear and decide whether a second application for extension, or third application
for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide
whether any additional application for extension shall be granted, conditionally granted, or denied. The
applicable hearing body shall be referred to herein as the "review authority."
b) For any application for extension to be heard by a Hearing Officer, the City Manager shall appoint a
Hearing Officer with the requisite qualifications and experience to consider the application for extension.
The Hearing Officer shall not be a City employee and the employment, performance evaluation,
compensation, and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or
indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) ealendardays of the City Clerk's receipt of an application for extension, the City Manager
or his/her desigRee shall notify the applicant of the name of the Hearing Officer in the manner provided
in ,rc^.rr_Jan,.^ h. Section 1.08.080. If the applicant wishes to challenge the designated Hearing Officer,
the applicant shall have seven (7) ealendaF days from the date of service of the notice to submit to the City
Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for
disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of
interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the
laws of the State of California.
The City Manager will review any request for disqualification and make a decision as to whether a Hearing
Officer shall be disqualified. The City Manager's decision shall be final. If the City Manager disqualifies a
Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures
in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application, in the manner
provided in ,rC^.rP_1aA .e *" Section 1.08.080, at least ten (10) ealendar days prior to the date of the
hearing. All hearings on an application to be heard by the review authority shall be noticed in the following
manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the
application, at least ten (10) ealepelar days in advance of the hearing. The notice shall contain: the address
of the project site; the length of time extension requested; the new end project date if the application is
approved; the name of the applicant and property owner; a brief description of the improvements; the
date, time, and place of the hearing; and a statement informing the person they have the ability to attend
the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10)
caleRdar days before the scheduled hearing. The size, location and number of sign(s) shall be posted as
determined by the City Manager eF his/heF designee. The applicant shall be responsible for maintaining
the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following
the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not
invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
SS2-342
a) A hearing shall be held at the date, time, and place for which notice was given.
b) The review authority shall only consider evidence and testimony, presented by the applicant or any
other interested person, relevant to whether: (i) special circumstances warrant an extension of time; (ii)
the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's
or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion
of the project in a manner that limits impacts on surrounding property owners. Any documents submitted
by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calenda
day extension, per application for extension, if it finds special circumstances warrant an extension of time
or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's
or their contractor's control. If the review authority makes the findings to grant an extension, the review
authority shall consider whether conditions are necessary to ensure timely completion of the project in a
manner that limits impacts on surrounding property owners. The review authority shall deny the
application if it cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review
authority announces the date, time, and place to which the hearing will be continued before the
adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on a final decision until
appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be
final and effective on the date the decision is made, unless otherwise specified by the review authority.
The review authority shall provide the City Clerk with its final decision within three (3) eFdays of
the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten
(10)ca,ndardays of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building
permit if the extension is a term of an enforceable settlement agreement between the City and the
property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall not seek
judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 related to any application for extension until
the person has first exhausted all administrative procedures set forth in Section 15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person
or entity from complying with any other applicable provision of federal, state or local law including, but
not limited to, construction related laws adopted by the City.
SS2-343
Chapter 15.05
RESIDENTIAL CODE
15.05.070 Amendment to Section R301.1.3.
R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from
substantial compliance with conventional framing requirements for wood frame construction found in this
code, the Chief Building Official shall require the construction documents to be approved and stamped by
a California licensed architect or engineer for that irregular or nonconforming portion of work.
Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iness &
Prof.esswe;S Code Sections 5537 and 6737.1.
R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require
construction documents to be approved and stamped by a California licensed architect or engineer for all
dwellings of a wood frame construction more than two stories in height or having a basement.
Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iness ana&
Prof.eSSOG;S Code Sections 5537 and 6737.1.
R301.1.3.3 Structures other than wood frame. The Chief Building Official shall require floor, wall or roof -
ceiling structural elements in dwellings designed of cold formed steel, concrete, masonry prescribed by
this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding
other sections of law, the law establishing these provisions is found in Cal. Bus.iness ;;nd&-Prof_eSS:m,S
Code Section 5537 and 6737.1.
15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) as established in Table R301.2, and substantial improvement and
restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and
constructed in accordance with the City ewpert Beach Municipal Cede Chapter 15.50, Floodplain
Management, L OOPP nine MANAGEMENT -and Section R322. Buildings and structures that are located in
more than one flood hazard area shall comply with the provisions associated with the most restrictive
flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be
designed and constructed in accordance with ASCE 24.
R301.2.4.1 Alternate provisions. As an alternate to the requirements in Section R322 and the
niowpert Be@G, Municipal Cede Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to
the limitations of this code and the limitations therein.
15.05.110 Amendment to Section R309.3.
1. Elevated to or above the design flood elevation as determined in accordance with Section R322 and t#e
City ,f N,,wpert Beach Municipal C Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at or above grade on not less
than one side, are used solely for parking, building access or storage, meet the requirements of Section
SS2-344
R322 and the City f Newport Beach Municipal G Chapter 15.50, Floodplain Management, and are
otherwise constructed in accordance with this Cc -ode.
15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal
Code Chapter 15.50, Floodplain Management.
Section R322 is amended to include the City f Newp rt Beach Municipal r.,Chapter 15.50,
Floodplain Management.
SS2-345
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electrical Code.
The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A
copy of the 2022 California Electrical Code, printed in code book form, shall be kept on file in the office
of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available
for public inspection. All administrative provisions including enforcement, permit process, fees, and
inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
SS2-346
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code.
The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A
copy of the 2022 California Mechanical Code printed in code book form shall be kept on file in the office
of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available
for public inspection. All administrative provisions including enforcement, permit process, fees, and
inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
SS2-34 7
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
The various parts of this code shall constitute and be known as the Newport Beach Plumbing Code. A
copy of the 2022 California Plumbing Code, printed in code book form, shall be kept on file in the office
of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available
for public inspection. All administrative provisions including enforcement, permit process, fees, and
inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
SS2-348
Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010 Adoption of the International Swimming Pool and Spa Code.
The various parts of these codes and standards, along with the additions, amendments, and deletions
adopted in this section, shall constitute and be known as the Newport Beach Residential Swimming Pool
and Spa Code. A copy of the 2021 International Swimming Pool and Spa Code, printed in code book
form, shall be kept on file in the office of the Building Official pursuant to Cal. Health ate& Saf.ety Code
Section 18942(e)(1) and made available for public inspection.
SS2-349
Chapter 15.10
EXCAVATION AND GRADING CODE
15.10.030 Exempt Work.
A. No person shall do any grading without first having obtained a grading permit from the Chief Building
Official except for the following:
7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than
fours feet in height and steeper than two horizontal to one vertical; and (c) is less than fifty (50)
cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition
requiring remedial work covered by these regulations;
8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one
site which is not part of a regular maintenance procedure and which:
a. Is placed on natural undisturbed terrain with a slope flatter than five horizontal to one
vertical; or
b. Less than threes feet in depth not intended to support structures provided that such fill will
not create an adverse slope, erosion, drainage, groundwater or structural condition.
C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage
channel water course without a grading permit. Road or parking lot paving work shall be performed under
permit, unless waived by theCief Building Official, or when performed as part of maintenance work.
D. Whenever the Chief Building Official determines that (1) construction of any device or structure has
resulted or may result in adverse drainage, groundwater, or slope conditions; or (2) existing drainage
conditions have resulted or may result in adverse erosion conditions, he/she may require a drainage
permit to be obtained and corrective work accomplished.
15.10.040 Hazard Abatement.
A. Whenever the Chief Building Official determines by inspection, from information made available to
him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has
become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of
a public way or any drainage channel, he/she shall make a determination of the level of hazard and the
owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface
condition is located, or other person or agent in control of said property, upon receipt of notice in writing
from the Chief Building Official shall, within the period specified, correct such conditions in accordance
with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in
conformance of the hazards abatement section of the International Property Maintenance Code, as
adopted by the City of Newport Beach.
B. The Chief Building Official shall require the permittee or contractor, before excavating any trench five
(5) feet or more in depth, to submit a detailed plan to the Chief Building Official showing the design of
shoring, bracing, sloping or other provisions (i.e., security fencing, etc.) to be made for workers' protection
and public safety from the hazard of caving ground.
SS2-350
15.10.050 Definitions.
11-v_L M.--._ - ALL• _'_III
"Drainage plan" is a plan appended to a proposed building plan, depicting site drainage patterns prior and
post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must
clearly be shown, when a separate grading permit is not required by the Chief Building Official.
15.10.060 Grading Permit Requirements.
H5. A stop sign conforming to the requirements of Section 21400 of the CaljfArAvA Veh.k4e Code shall be
posted at the entrance of the access road to the public roadway;
SS2-351
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Building Standards Code.
The various parts of this Code, along with the amendments and deletions adopted in this section, shall
constitute and be known as the Newport Beach Green Standards Code. A copy of the 2022 California Green
Standards Code shall be kept on file in the office of the Building Official pursuant to Cal. Health a+�d Saf.ep,
Code Section 18942(e)(1) and made available for public inspection.
SS2-352
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022
Edition of the California Historical Building Code, 24 CCR Gall fe—rnia Cede f Regulations Title 24, Part 8 and
all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach
Historical Building Code. A copy of the 2022 California Historical Building Code, printed in code book form,
shall be kept on file in the office of the Building Official pursuant to Cal. Health &a444-_Saf.ety Code Section
18942(e)(1) and made available for public inspection.
SS2-353
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of the California Existing Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022
Edition of the California Existing Building Code, 14 California redo of R u laden,, -pi CAHP Bgg T;tl 24CCR
Part 10, Appendix A, Chapters A-1, A-2 and A-3, and all national codes and standards referenced therein
to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach
Existing Building Code. A copy of the 2022 California Existing Building Code, printed in code book form,
shall be kept on file in the office of the Building Official pursuant to Cal. Health aft& Saf.e-ty Code Section
18942(e)(1) and made available for public inspection.
SS2-354
Chapter 15.15
REPORT OF RESIDENTIAL BUILDING RECORDS
Sections:
15.15.010 Authorization and Findings.
15.15.020 Definitions.
15.15.030 Obtaining a Report of Residential Building Recordsed.
15.15.040 Application.
15.15.0504- Inspection.
15.15.06-0 Delivery of Report.
15.15.07065 Refunds/Cancellation Fees.
15.15.066 Ex ,ti„ of Repen.
15.i5..n070 PeT1QTReS
15.15.07-5 SeyeFability.
15.15.010 Authorization and Findings.
The City Council is authorized to require a report of residential building records pursuant to the provisions
of the Constitution of the State of California, the "'ewpaFt Bea " City Charter, and SectiO^ 39780 t seq.,
^f�Government Code Section 38780, et sege# the State Af Gal;f rn;., While requiring these reports
can help reduce and prevent violations of the Code, The Qty Ceunrd' finds *"^}imposing this requirement
can disrupt the sale of residential property.- Based thereon, the City Council finds that making a voluntary
oroeram available to oeoole ourchasine residential real orooerty is warranted. ^f
15.15.030 Obtaining a Report RequiFedof Residential Building Records.
The owner of any residential building smay obtain from the City a report of the residential building
records upon entering into an agreement of sale. Any downer seeking a report shall file an application
SS2-355
for such a report on forms provided by net later than three days after eRter;n ;nteaR Rt ^f
saiethe City.
15.15.040 Application.
The report of residential building records shall be issued by the City within thirty (30) days after the owner
submits a completed application on the form provided by the City and pays the fee established by
resolution of the City Council. The owner shall indicate on the application whether the owner wants
GeRseRtS iS giVeR f^r an inspection of the residential building. If the owner does not want an GeRseRt OS
net given by the E)WRer f inspection of the residential building, the report shall indicate that the eWRer
refused *^ e^^s^^* *^ *"^residential building was not inspected by the City 45pee ^^.
15.15.0450 Inspection.
W^.,r ,. Fmtt^r ^AS^A+ ^f the ^~^Pert„ ^..,R^.Ifthe owner requests an inspection of the residential building,
tThe City shall cause a physical inspection of the residential building after research of the Csity records is
completed. The report of residential building records shall include evidence of building permit or zoning
Code violations observed during the inspection, and correction of those violations as determined by any
re -inspections of the property.
15.15.06-0 Delivery of Report.
appliGa:ViOR with the City.
The completed report of residential building records shall be delivered by the owner or the owner's 4is
representative. . ft
a s the respensibility ef the preperty ewner te iRSUFe that- t-he ether party er parties te the agreemeRt ef
sale execute the -AckAAW.A.fledgment ef receipt eR the repeFt ef residential bluildiRg recerds and file it with
SS2-356
E. Transfers fr. one ce owner to r
r
;
W. Tr- r,rfers t r.tal .,r,+;tV
building;
try art.,., Af thr, try art
15.15.07065 Refunds/Cancellation Fees.
A. City shall refund the fee accompanying an application for a report of residential building records if a
written request for refund is made prior to staff review of City records necessary to prepare the report. An
administrative charge of twenty 20 percent 4W4ofthe application fee shall be withheld from any refund
granted pursuant to this section. No refunds will be made for a residential building report after the staff
review or physical inspection of the property pursuant to Section 20.03.045 of this Code;
B. Owner shall pay an inspection or reinspection cancellation fee in the amount established by resolution
of the City Council. This fee shall be charged when an inspection or reinspection appointment is made
with the owner and the owner fails to appear at the time of the inspection or cancels the appointment.
(Ord. 2002-20 § 7 (part), 2002: Ord. 96-35 § 1 (part), 1996)
3-5.3-5.0-66% Expi rage, of Reper+
Repert ef Residential Building Recerds shall expire ene year frem thk- date Af its issuaRce and may net be
time of expir-at;.,r, shall he f.,llr,,.,orl
9 C 9 C 07A PPR;.liip.q
until resolved by - iate means.
penaIt es speGifled OR SeCtiOR
04 0 n .,f thir r.,.J.,
E)WReF to , ply with thy, V.r
1-545.075% Sevenbwlity
.,f then Chapter,
held te- be invalid
this is fer
i
i elause er phrase ef chapter aRY reasen,
this The City Ceuncil declares
that it have the n—rd-inanee this
chapter,
would passed ce-dified- lin chapter and
subseefie—ns, sentences, clauses,
and phFases be declared invalid Ar
SS2-357
Chapter 15.16
SIGN CODE
Sections:
15.16.010
Definitions.
15.16.020
Purpose and Scope.
15.16.030
Enforcement.
15.16.050
Interpretation and Exceptions.
15.16.060
Exception Permits Procedure.
15.16.070
Compliance Required.
15.16.100
Exceptions for Maintenance and Repair.
15.16.110
Permits.
15.16.120
Application for Sign Permit.
15.16.130
Exemptions.
15.16.140
Prohibitions.
15.16.150
Fees.
15.16.160
Proper Maintenance Required.
15.16.170
Inspections.
15.16.180
Design Standards.
15.16.190
Support Construction Requirements.
15.16.200
Materials.
15.16.210
Anchorage.
15.16.220
Table 8-5A—Limitation of Plastics in Signs.
15.16.230
Table 8-513—Size, Thickness and Type of Glass Panels.
15.16.240
Ground and Pole Signs Design.
15.16.250
Combination Signs.
15.16.260
Display Surface Area and Height.
15.16.270
Roof Signs.
15.16.280
Wall Signs.
15.16.290
Projecting Signs.
SS2-358
15.16.300
Signs on Marquees.
15.16.310
Electrical Sign Materials.
15.16.320
Illuminated Signs.
15.16.330
Electrical Installations.
15.16.340
Temporary Signs.
15.16.350
Cloth Signs.
15.16.360
15.1b.-a70
Nonconforming Signs.
Separate Penalty PFoyisiens
15.16.010 Definitions
Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on
the following map. See Exhibit A*. The geographical boundaries of a homeowners' association, as defined
in Section 10.28.040(E), shall be excluded from the definition of a "designated high -density area" if the
City Council adopts a resolution pursuant to Section 10.28.040(Ei=).
15.16.110 Permits.
B. Issuance. In accordance with the provisions of and subject to the exceptions in Seetien 3800 of the
6ak C-e9_'^ of the Smate of CRl;fArn;^Cal. Lab. Code Section 3800 as the same now reads or may hereafter
be amended, each applicant must show that he possesses the contractor's license required by the State
of California.
15.16.120 Application for Sign Permit.
Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such
application shall contain the location by street and number of the proposed sign structure, as well as the
name and address of the owner and the sign contractor or erector. The Building Official may require the
filing of plans or other pertinent information where in his opinion such information is necessary to ensure
compliance with this chapter.
No permit shall be issued for any sign and no person shall cause or permit a sign to be constructed,
installed or erected which does not comply with all the provisions of this chapter or which has less
horizontal or vertical clearance from energized electric power lines than prescribed by the C-.life.-n6-. Pen-'
QgdP-Cal Pen. Code Section 385, the regulations of the California Public Utilities Commission, and the
orders of the Division of Industrial Safety, State of California.
1 [ 1 G 27A SepaFate Penalty Preyisiene
ARY persen vielating aRy of the previsiens ef this chapter shall be deemed guilty ef a separate offense fer
SS2-359
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022
Edition of the California Energy Code, C-alaf^r^ma Cede ^f Reg lati 24 CRR Title 24 Part 6 and all national
codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach
Energy Code. A copy of the 2022 California Energy Code, printed in code book form, shall be kept on file
in the office of the Building Official pursuant to Cal. Health &a-r4 Safety Code Section 18942(e)(1) and
made available for public inspection.
SS2-360
Chapter 15.18
SOLAR SYSTEMS
15.18.060 Duties of the Building Safety Division and Chief Building Official.
F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply
with Cal GevernmentGov. Code Sections 65850.55, 66015, and 66016 and She Cal. Health &ate Safety
Code Section 17951, 9F aRy SUGGeSSeF Stat6lteS.
15.18.070 Permit Review and Inspection Requirements.
E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not
limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly
situated application in a prior successful application for a permit. The City shall use its best efforts to
ensure that the selected method, condition, or mitigation meets the conditions of s bparagFaphs (A) and
(Q` Of PaFagFaph (, ` Of SUbd,..,S;^^ (d) ^f Cal. Civ. Code Section 714(d) (1) A B of the G-al.G'y" Gode e-F
defining restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance.
F. The City shall not condition approval of an application on the approval of an association, as defined in
Seat^. nnQn ^f+h^ Cal. Civ_4 Code Section 4080, eF any _--_--_.statute.
SS2-361
Chapter 15.20
HOUSE MOVING
15.20.080 House Mover's Permit Required.
No person shall move any building or structure or any portion thereof over, upon, along or across any
street until the Superintendent Af S*r^^*Public Works Director has first issued a permit therefor. Such
permit shall be called a "house mover's permit" A house mover's permit shall not be required for
"relocatable buildings" subject to the provisions of Chapter 15.21 of this Code.
SS2-362
Chapter 15.37
APPROVAL IN CONCEPT PERMIT
15.37.010 Intent.
'A APPIPPJo comply with the California Coastal Act^C^�Iicim^c ^f n;,,;s;A-n , Q of the Calif,,, nia o„hi;,.
ReseuFees—Cede, entitled "Ca' Ze^^ CenseFvat* en Commission ' and the South Coast
Regional Commission's operating regulations, it is necessary for the City of ni,,,.,peFt Be K4:, City to approve
in concept all projects in the coastal zone permit area prior to any action by the South Coast Regional
Commission.
SS2-363
Chapter 15.38
FAIR SHARE TRAFFIC CONTRIBUTION ORDINANCE
Sections:
15.38.010
Intent.
15.38.020
Purpose.
15.38.030
Specific Findings.
15.38.040
Terms and Definitions.
15.38.045
Applicability.
15.38.050
Establishment of Fair Share Traffic Contribution.
15.38.060
Payment of Contribution.
15.38.070
Use of funds.
15.38.075
Nontransferable.
15.38.080
In Lieu Contributions.
15.38.085
Fee Adjustments.
15.38.090
Exemptions.
15.38.100
Retroactivity.
15.38.110
Waiver for Affordable Housing.
15.38.120
15.38.13A
Supplementary Provisions.
c,,.,,.Fabiii+.,
15.38.050 Establishment of Fair Share Traffic Contribution.
D. In the event no substantive changes to any of the provisions of this chapter or the fair share
implementation resolution occur during the time between the mandatory City Council reviews as set forth
herein, the dollar amount set forth in the fair share implementation resolution exhibits, shall be increased
automatically, based upon any interim increase in the Ceonsumer Price Index (the Los /�T�g�,'�^s—
^„ ^ll Urban C^.P-surneFs Index). This automatic increase shall be calculated and become
effective on July 1 of any year that the City Council does not otherwise review the contents or provisions
of this chapter and the fair share implementation resolution.
15.38.110 Waiver for Affordable Housing.
Contributions, otherwise required pursuant to this chapter, shall be waived for all affordable residential
housing as that term is defined in the housing element, and for any "granny" units or "second units" as
defined in Section 65852.1 of the Cal. Gov.erRrnent Code.
SS2-364
SS2-365
Chapter 15.40
TRAFFIC PHASING ORDINANCE
Sections:
15.40.010 Findings.
15.40.020 Objectives.
15.40.030 Standards for Approval —Findings —Exemptions.
15.40.035 Expiration.
15.40.040 Definitions.
15.40.050 Procedures.
15.40.060 Hearings —Notice.
15.40.070 Appeal —Review.
15.40.075 Proportionality.
15%.40.090 Se ability
15.40.040 Definitions.
"Traffic Manager" means the person designated by the City Manager as the City Traffic Engineer pursuant
to Section 2.32.010, ^r his ^r her desig^^^
"Peak hour period" means the four consecutive fifteen (15) minute periods between sevenr7:00 a.m. and
nine 9:00 a.m. (morning) and the four consecutive fifteen (15) minute periods between feu-r-4:30 p.m. and
s+x-6:30 p.m. (evening) with the highest traffic volumes (for each primary intersection) as determined by
the field counts required by Appendix A.
"Project" means "project" as defined in the California Environmental Quality Act (Cal. Pub.4e Resources
Code § 21000 et seq.), the CEQA Guidelines (14 CCR Section 15000 et seg.), and relevant decisional law
without regard to whether any environmental document is required for the project. The term "project"
shall also mean any application for a building or grading permit for development that would generate more
than three hundred (300) average daily trips.
chapter that have net been declared shall he considered valid and f, -11 ferre and effect.
SS2-366
APPENDIX A ADMINISTRATIVE PROCEDURES FOR IMPLEMENTING THE TRAFFIC PHASING ORDINANCE
(3) (i) (iii). The Traffic Manager and Planning
DiFe ^Community Development Director shall maintain a
list of Committed Projects and, at least annually, update the list to reflect new Approvals pursuant to the
TPO as well as completion of all or a portion of each Committed Project. A Committed Project shall not be
removed from the Committed Project list until a final certificate of occupancy has been issued for all
phases and the field counts required by
sSubsection 3(d)(i) have been taken subsequent to issuance of the
certificate of occupancy.
Appen APPENDIX B
PRIMARY INTERSECTIONS
Balboa and 21St
Jamboree and Bayview
Bayview and Bristol
Jamboree and Birch
Birch and Bristol North
Jamboree and Bison
Birch and Bristol
Jamboree and Bristol North
Campus and Bristol
Jamboree and Bristol
Campus and Bristol North
Jamboree and Campus
Campus and Von Karman
Jamboree and Ford/Eastbluff
Coast Highway and Avocado
Jamboree and MacArthur
Coast Highway and Bayside
Jamboree and San Joaquin Hills
Coast Highway and Dover/Bayshore
Jamboree and Santa Barbara
Coast Highway and Goldenrod
Jamboree and University/Eastbluff
Coast Highway and Jamboree
MacArthur and Birch
Coast Highway and MacArthur
MacArthur and Bison
Coast Highway and Marguerite
MacArthur and Campus
Coast Highway and Newport Center
MacArthur and Ford/Bonita Canyon
Coast Hwy and Newport Coast
MacArthur and San Joaquin Hills
Coast Highway and Newport Ramp
MacArthur and San Miguel
Coast Highway and Orange
MacArthur and Von Karman
Coast Highway and Poppy
Marguerite and San Joaquin Hills
Coast Highway and Riverside
Newport and Balboa
Coast Highway and Tustin
Newport and Hospital
Coast Highway and Superior
Newport and Via Lido
Dover and 16th
Newport and 32nd
Dover and westcliff
Newport Coast and Ridge Park
SS2-367
Irvine and Dover/19th
Irvine and Highland/20th
Irvine and Mesa
Irvine and Santiago/22nd
Irvine and University
Irvine and Westcliff/17th
Newport Coast and San Joaauin Hills
Placentia and Superior
San Miguel and San Joaquin Hills
Santa Cruz and San Joaquin Hills
Santa Rosa and San Joaquin Hills
Superior and Hospital
SS2-368
Chapter 15.42
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
15.42.040 Notice of Hearing.
B. Notice shall be given at least ten (10) c-4epelar days before the hearing by the following:
2. Notices posted throughout the proposed area of benefit with at least three (3) notices posted
at arterial highway intersections within the proposed area of benefit.
SS2-369
Chapter 15.45
DEVELOPMENT AGREEMENTS
15.45.010 Purpose.
Assurance that an applicant may proceed with the project in accordance with existing policies, rules and
regulations, and subject to conditions of approval, will strengthen the public planning process, encourage
private participation in comprehensive planning, and reduce the economic costs of development. The
ordinance codified in this chapter is adopted in part pursuant to the provisions of Section 65864 et seq. of
r f Star. f r 1Mf
the Cal. Gov.�� Code, t�x���A�t���a.
15.45.050 Public Hearing —Notice.
A public hearing on an application for a development agreement shall first be held by the Planning
Commission and then by the City Council. Notice of intention to consider the adoption of a development
agreement shall be given as provided in Sections 65090 and 65091 of the ra16{^r^" r^;o^rnmentCal. Gov.
Code in addition to such other notices that may be required by law or ordinance for actions considered
concurrently with the development agreement.
15.45.070 Amendment/Cancellation.
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the
parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion
of the agreement shall be given in the manner provided inby Section 65867 of the GeveF^m^^+ r^�'^Cal.
Gov. Code. An amendment to a development agreement shall be subject to the provisions of Section
65867.5. In the event that State or federal laws or regulations, enacted after a development agreement
has been entered into, prevent or preclude compliance with one or more provisions of the development
agreement, such provisions of the agreement shall be modified or suspended as may be necessary to
comply with such Sstate or federal laws or regulations.
15.45.090 Local Coastal Programs.
A development agreement shall not be applicable to any development project located in an area for which
a local coastal program is required to be prepared and certified pursuant to the requirements of Division
20 (commencing with Section 30000) of the Cal Pub.4e Resources Code, unless: (1) the required local
coastal program has been certified as required by such provisions prior to the date on which the
development agreement is entered into, or (2) in the event that the required local coastal program has
not been certified, the California Coastal Commission approves such development agreement by formal
commission action.
SS2-370
Chapter 15.50
FLOODPLAIN MANAGEMENT*
Sections:
15.50.010 Statutory Authorization.
15.50.020 Findings of Fact.
15.50.030 Statement of Purpose.
15.50.040 Methods of Reducing Flood Losses.
15.50.050 Definitions.
15.50.060 Lands to Which This Chapter Applies.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
15.50.080 Compliance.
15.50.090 Abrogation and Greater Restrictions.
15.50.100 Interpretation.
15.50.110 Warning and Disclaimer of Liability.
15.50.129 c,,.,,,.-abili+.,
15.50.130 Designation of the Floodplain Administrator.
15.50.135 Permit Review.
15.50.140 Review, Use of Other Base Flood Data.
15.50.145 Development of Substantial Improvement and Substantial Damage Procedures.
15.50.150 Documentation of Floodplain Development.
15.50.160 Notification of Other Agencies.
15.50.170 Map Determinations.
15.50.180 Appeals and Variance Procedure.
15.50.190 Conditions for Variances.
15.50.200 Standards of Construction.
15.50.205 Recreational Vehicles.
15.50.210 Standards for Utilities.
15.50.220 Standards for Development and Subdivisions.
15.50.230 Coastal High Hazard Areas.
SS2-371
15.50.240 Mudslide Prone Areas.
15.50.250 Flood -Related Erosion -Prone Areas.
* Prior ordinance history: Ords. 1779, 88-8 and 91-38.
15.50.010 Statutory Authorization.
The Legislature of the State of California has in Cal. Gov.ernment Code Sections 65302, 65560 and 65800
conferred upon local government units' authority to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of "'ewpeFt Bea
does ordain as set out in this chapter.
SS2-372
Chapter 15.60
CONSTRUCTION SITE FENCING AND SCREENING
15.60.030 Temporary Project Information Sign.
When a property in a designated high -density area, as defined in Section 15.16.010, is required to be
fenced in accordance with Section 15.60.020, a temporary project information sign shall be affixed to the
fence that can be readily viewed by the public. The temporary project information sign shall be subject to
prior approval by the Community Development Director, eF his ^r her designee The temporary project
information sign shall be two feet in height by three feet in length with the following information
printed legibly in seventy-two (72) point font:
The temporary project information sign shall be labeled with the words "PROJECT INFORMATION" at the
center top and contain the most current contact information for the City's Code Enforcement, Parking
Enforcement, and Building Inspection divisions located at the bottom and such other information as the
Community Development Director, or his of heF deSig^^^, may specify and require.
The temporary project information sign shall be in substantial conformance to the following; however, the
Community Development Director, ^r his ^r her desigRee, may require inclusion of additional information:
15.65.010 Intent and Purpose.
The Planning Commission of the County of Orange and the Orange County Development Agency have
cooperated in the selection of a project area pursuant to California Cal Health & a44-Saf_et-y Code Sections
33322 and 33323. The project area selected by the Planning Commission and the Agency includes territory
within the territorial limits of the City ^f "'ewpeic* Beac4CLity. Such territory is contiguous to the
unincorporated territory of the County of Orange which is also included within such project area. The
subject project area and the territory within the City ^f "'ewpert BeachCi�t r are designated on the map
attached as Exhibit A to the ordinance codified in this chapter.
Calmfernaa Cal. Health &ate Safety Code Section 33213 provides that by ordinance, the legislative body of
a community may authorize the redevelopment of an area within its territorial limits by another
community if such area is contiguous to such other community.
SS2-373
Chapter 15.65
SANTA ANA HEIGHTS REDEVELOPMENT
15.65.020 Authorization.
Pursuant to C,' a Cal. Health ate& Safety Code Section 33213, the City Council of the City f Newp r�
City hereby authorizes redevelopment by the Countyef 9Fange of that portion of the project area
which is within the territorial limits of the City as shown on Exhibit A attached to the ordinance codified in
this chapter. The County of QFange is hereby designated to undertake such redevelopment. Pursuant to
CalofArnia Cal. Health ate& Safety Code Section 33213, any redevelopment plan prepared by the Orange
County Department Agency for that portion of the project area within the territorial limits of the City of
Newport Beach shall be subject to the approval of the City Council of the City by ordinance prior to the
implementation of any of the provisions of such redevelopment plan with respect to such area.
15.65.030 Approval of Redevelopment Plan.
E. The redevelopment plan contains a provision that California Cal. Health &a*4 Saf_ety Code Section
33214 shall not serve to limit the provisions set forth in parts (A), (B), (C) and (D) above.
SS2-374
Chapter 15.80
BUILDING AND FIRE BOARD OF APPEALS
15.80.010 Building and Fire Board of Appeals.
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official
or the Fire Marshal relative to the application and interpretation of the Bbuilding Ccode (Chapter 15.02
through Chapter 15.14) and Ffire Cc -ode (Title 9), as adopted by the City, and any other matter specified in
the "'ewpeFt Beach Municipal Code, there shall be and is hereby created a Building and Fire Board of
Appeals consisting of seven members who are qualified by experience and training to pass upon
matters pertaining to building construction, building service equipment, fire protection and fire protection
equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary
to said Board but shall have no vote upon any matter before the Board. The Building and Fire Board of
Appeals shall be appointed by the City Council and shall not include any employees of the City of Newport
Beach. The Board shall adopt rules of procedure for conducting its business and it may recommend to the
City Council such new legislation as is consistent therewith.
15.80.060 Procedures.
G. Final. The decision of the Building and Fire Board of Appeals shall be final as to the City but subject to
iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5with ne appeal rights t the City r-,,,,neil
SS2-375
Chapter 17.01
DEFINITIONS
17.01.030 Definition of Terms.
B
79. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining wall that separates
dry land areas and water areas.
8-9. Bulkhead Line. The term "bulkhead line" shall mean the harbor land/water perimeter lines
established in Newport Harbor by the federal government which define the permitted limit of filling or
solid structures that may be constructed in Newport Harbor. The establishment of bulkhead lines does not
necessarily allow the property owner to build to the limits of the bulkhead line due to potential
environmental considerations established by the State of California and/or the federal government.
94:9. Business or Business Activity. The terms "business" and "business activity" shall mean all activities,
whether the activity is nonprofit or for profit, engaged in for gain, benefit, advantage or livelihood to any
person, directly or indirectly, including, but not limited to, any profession, trade, occupation, employment
or calling engaged in trade, commerce, the exchange of goods, services, or property of any kind,
transportation of persons as well as goods, communication, renting or leasing real or personal property or
that provides any service.
619. City Tide and Submerged Land. The term "City tide and submerged land" shall mean that area within
Newport Harbor granted to the City by the State of California.
740. Coastal Access. The term "coastal access" shall mean the ability of the public to reach, use or view
the shoreline of coastal waters or inland coastal recreation areas and trails.
8-14. Coastal Commission. The term "Coastal Commission" shall mean the California Coastal Commission,
the State agency established by State law responsible for carrying out the provisions of the California
Coastal Act including review of coastal permits on appeal from local agencies.
94-2. Coastal -Dependent Development or Use. The terms "coastal -dependent development" or "coastal -
dependent use" shall mean any development or use which requires a site on, or adjacent to, the sea to be
able to function at all (from Cal.ifernia Pub.4e Resources Code, Section 30101).
13. Cede.. The teirm "Cede" sh-,II mean the Newport Rr,-,rh nni inicipal redo
104. Commercial. The term "commercial" shall mean any business activity whether the business activity
is nonprofit or for profit. Commercial activities shall include, but are not limited to, marinas, charter
facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity.
SS2-376
11-5. Commercial Fishing Vessel. The term "commercial fishing vessel" shall mean a vessel registered by
the Department of Fish and Wildlife pursuant to S^eti^^ 7880 et ^ ^sueeesse, evisn of the Cal.
Fish &a+W Gam.e Code Section 7880 et seq.; tx1�tertz�a"aura, when operating under the authority
of a fish and game permit or license.
C FR U Rit y I)ey ,i r,r. eR* n„ + r of+he City eF his eF her desigR
12-7. Current. The term "current" as applied to the flow of water shall mean a flow of water in a particular
direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave
energy.
F „
34. Finger. The term "finger" shall mean a portion of a floating dock section that is perpendicular or at
an angle to the walkways and is used for tying up and boarding vessels.
5. Pare G-h4ef. The te.r.m. "Nre Ghaef" shall me -AR the Fire Chief ef the City er has er heF Fespeetive designee.
46. Freeboard.
5-7. Functional Capacity. In terms of wetlands and estuaries, the term "functional capacity" shall mean
the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity.
H„
-3. WaF_hA_F DePaFtMeRt. The te.r.m. "HaFber DepaFt.m.e.At" shall Mean the Harbor DepaFtFAeRt Of the City.
24. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead, and project
lines as defined within Newport Harbor by the f-Federal, State, County and City. The harbor lines in Lower
Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of
Congress.
3-5. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor maintenance uses, equipment
and facilities" shall mean all uses and their related equipment, vessels, docking, and land storage facilities
and access which provide: dredging and beach replenishment; demolition, repair and new construction of
docks, piers, bulkheads, and other in- and over -water structures; mooring maintenance and repair; and/or
waterborne debris and pollution control, collection, and removal. This category also includes
environmental, survey, or scientific vessels and related equipment based, or on assignment, in Newport
Harbor.
47. Harbor Structures. The term "harbor structures" refers to any pier, float, gangway, piling, bulkhead,
seawall, reef, breakwater or any other structure excluding moorings or watercraft in, upon or over the
SS2-377
waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within
the City.
59. Headwalk. The term "headwalk" shall mean that portion of a dock that serves as a primary pedestrian
access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are
generally parallel to the bulkhead.
6-9. Houseboat. The term "houseboat" shall mean any vessel or harbor structure, floating or non_floating,
which is designed or fitted out as a place of habitation and is not principally used for transportation.
740. Human -Powered Vessel. The term "human -powered vessel" shall mean a vessel that is being
propelled by the human body through the use of oars, paddles, or the like and without the use of wind, a
motor, or other machinery.
I. Definitions: L.
1. Launching Facility. The term "launching facility" shall mean a generic term referring to any location,
structure (ramps, docks), and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into and
retrieved from the harbor waters.
2. Licensee(s). The term "licensee(s)" shall mean the person(s) who holds a validly issued short-term
mooring license pursuant to Section 17.60.045.
23. Live -Aboard. The term "live -aboard" shall mean the use or occupancy of a vessel for human habitation
(a) while at its mooring for a period exceeding seventy-two (72) hours in any thirty (30) day consecutive
period; or (b) at its dock or berth in a commercial marina for a period exceeding one hundred eighty (180)
days or more, in any three hundred sixty-five (365) day period.
4-3. Live Bait and/or Sea Life Receiver. The term "live bait" or "sea life receiver" shall mean an object for
confining live bait or sea life such as those receivers fostering growth of sea life under the water, which is
afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall,
or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided,
however, that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter
17.50.
45. Live Load. The term "live load" refers to the weight of all temporary loads such as pedestrians and
berthing loads.
6-5. Local Coastal Program (LCP). The term "Local Coastal Program" or "LCP" shall mean Title 21 and the
City of Newport Beach Coastal Land Use Plan adopted by the City and certified by the Coastal Commission
in order to implement the provisions and policies of the Coastal Act at the local level.
74&. Longshore. The term "longshore" shall mean parallel to and near the shoreline.
82. Lower Newport Bay. The term "Lower Newport Bay" shall mean the area of Newport Bay south of
the centerline of Coast Highway.
J 3. Marina. The term "marina" shall mean a commercial berthing facility (other than moorings,
anchorage or noncommercial pier) in which five for more vessels are wet -stored (in water) and/or dry -
stored (on land/racks) for more than thirty (30) ealendardays.
SS2-378
M. Definitions: P.
I. Pacific Ge-eam. The te.r.m. "Paeofie Q eea.n" shall Mean the v0at&FIS eff E)f the Cot y frAm. the -hp-ach tea peon t
thrpp r +; I WlUrd
21. Passenger. The term "passenger" shall mean every person other than the operator and a member of
the crew or other persons employed or engaged in any capacity on board a vessel in the business of that
vessel.
32. Permittee(s). The term "permittee(s)" shall be the person or entity who holds a validly issued permit
under any provision of this title. Permittee(s) shall also include licensee(s), except in cases where such
definition would conflict with another provision of this title.
4. PeFsen. The teFnq "pe.rsen" Shall Mean ;an individual, pFeprieteFship, fiFm, partnership, jeint ventuFe7
entity.
3-5. Pier. The term "pier" shall mean any fixed or floating structure for securing vessels, loading or
unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip,
gangway or float, or any other landing facility or floating dry dock.
46. Pierhead Line. The term "pierhead line" shall mean the harbor water area perimeter lines established
in Newport Harbor by the federal government or the City, in cooperation with private associations, that
define the permitted limit of fixed pier, floating dock and other in -water structures which may be
constructed in the harbor. The pierhead line typically shall define the limit of pier and floating dock
structures and defines the limit of construction except as otherwise approved by the Harbor Commission.
designee.7. Policue G-hoef. The te.r.m. "PA-locze G-hief" -;hall Mea.p the Chief A-f PA -lice A-f the City or his or her respee:vive
58. Project Line. The term "project line" shall mean the harbor water area channel lines of the
improvements constructed by the Federal Government in 1935 through 1936.
6�. Property Owner. The term "property owner," for purposes of Chapter 17.50, shall mean the owner
of the abutting upland property who has obtained a permit to place a structure in Newport Harbor.
740. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the common law
public trust for commerce, navigation, fisheries, recreation, and other public purposes and includes all
tidelands, submerged lands, the beds of navigable lakes and rivers, and historical tidelands and submerged
lands that are presently filled or reclaimed and which were subject to the public trust at any time.
City r his r her d si n ,
N Definitions: R.
5. R.SIK.M.anager, The term "Risk NllanageF" shall mean the Rk_414 5.AaRageF ef the City eF his eF her designee.
SS2-379
Chapter 17.05
GENERAL PROVISIONS
17.05.140 Public Hearings.
B. 2. a. Mailing. Notice shall be mailed or delivered at least ten (10) er days before the scheduled
hearing to all the following:
b. Posting of a Sign and Notice. Notice shall be posted at a conspicuous place, easily readable by the
public and placed as close as possible to the site of the proposed development at least ten (10) ealenda
days before the scheduled public hearing in the following manner:
SS2-380
Chapter 17.10
MARINE ACTIVITIES PERMIT
17.10.060 Power to Impose Conditions —Hold Harmless.
B. 13 All required which types and amounts shall be determined by the Risk -Manager Ra+RiRg
the City ^f PjewpeFt Bear" aS an-addli''^^a' i._,,.red_ and a business license shall be maintained in full force
and effect for the full term of the permit;
17.10.070 Insurance.
Persons engaging in any commercial activity including, but not limited to, charters, rentals, commercial
services or any other types of operations on the waters of Newport Harbor shall at all times maintain and
nsuFedmaintain insurance, which types and amounts shall be determined by the with such peliey limits
Rd oveFage as established by the C,+., Risk Manager. The Risk Manager shall issue a written notice of
determination of the policy limits and coverage, which shall be served in the manner provided in
with Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels
covered.
SS2-381
Chapter 17.20
VESSEL LAUNCHING AND OPERATION
17.20.040 Abandoned or Unattended Vessels and Property.
All stray, unattended or abandoned vessels, timber or any other personal property found in the water or
on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some
person, shall be immediately reported to the Harbormaster. Any such vessel or property shall be dealt with
as provided in the appropriate provisions of Chapters 1.20 and 17.70, OF Seetien ran t seq. of the
Galifernia Cal. Harb.efs &ate Nav4a#e-R Code Section 510 et seq., as the same now read or may hereafter
be amended. For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be stray,
unattended and abandoned if the vessel is unoccupied by a person during:
17.20.060 Vessel Races.
E3. Otherwise comply with this Code, �,"�ia-Cal. Harb_er-s &ae4 Nav_jga:�E)R Code, and the Federal
Inland Navigation Rules; and
SS2-382
Chapter 17.25
BERTHING, MOORING, AND STORAGE
17.25.020 Anchorage, Berthing and Mooring Regulations.
1. b. Anchor a vessel in any of Newport Harbor's designated public anchorage areas or at any location
on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected
swimming area for a cumulative period of time that exceeds seventy-two (72) hours within any thirty (30)
calendar day period. The Harbormaster may authorize, in writing, an extension to the seventy-two (72)
hour time limit if the Harbormaster determines that given the particular circumstances an extension of
time is reasonable and warranted.
H 2 a. Commence repairs within thirty (30) ealendaF days upon service of the written notice of such
determination and complete repairs within ninety (90)calendar days of the commencement unless the
Harbormaster, upon written request from the permittee specifying the reasons therefor, approves an
extension of time to complete the repairs; or
b. Remove the vessel within thirty (30) ealendaF days of service of the written notice of such
determination and request assignment of a different vessel that is safe, seaworthy and operable to the
mooring within sixty (60) ealend@F days after the removal of the vessel. This section is not intended to
apply to any brief period of repair common to most vessels. The Harbormaster may repeat his or her
request to test operability and seaworthiness as needed.
H 4. If, based upon the appearance of the vessel, inspection by the City or Harbormaster or other facts,
the Harbormaster determines that a sea lion has boarded a moored vessel, the Harbormaster shall issue
and serve a notice of violation in accordance with Section 1.05.030 and the permittee shall take any and
all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the
vessel within seven aLGr--days of the notice of violation. If the Harbormaster determines that
appropriate deterrent measures have not been taken within seven LZL-rr days of the notice of
violation, the Harbormaster may issue an administrative citation or take any other enforcement action
authorized by this Code. In the event the Harbormaster issues an administrative citation, the permittee
shall:
"Appropriate deterrent measures" shall be defined as the latest methodology permitted by National
Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. If the City is
unable to reach the permittee within the seven fnG4en4a-r days, the Harbormaster may install temporary
deterrent measures as needed and recover the City's cost of compliance.
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Chapter 17.30
HARBOR USE REGULATIONS
17.30.020 Loading or Unloading Hazardous Materials.
No person shall load or unload any hazardous materials to or from any vessel from or upon any pier or
other vessel in Newport Harbor without first obtaining a permit from the Fire Marshal pursuant to Section
105.6 of the California Fire Code and Chapter 9.04 of Title 9 of this Code. An application for a permit to
load or unload any hazardous materials shall be filed with the Harbormaster in accordance with Section
17.60.015. The Fire Marshal ^r his ^r her designee shall issue the permit if he or she finds that the
hazardous materials and the associated maintenance, handling and/or storage activities conform to the
California Fire Code and this Code. The Fire Marshal ^r "iS ^r "^r designee may impose any conditions on
the issuance of the permit necessary to protect the health, safety and welfare of the public. The decision
of the Fire Marshal may be appealed in accordance with Chapter 15.80.
17.30.030 Live Bait and Sea Life.
B. Nonconforming Bait and/or Sea Life Receivers. Storage of live bait or sea life other than in a receiver
conforming to the requirements hereof is prohibited. After three fae days' written notice, served
in accordance with Section 1.05.030, to the owner of a nonconforming receiver, it may be removed by the
Harbormaster and stored at the expense of the owner.
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Chapter 17.40
LIVE-ABOARDS
17.40.060 Term/Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications
for the renewal of any permit shall be submitted at least sixty (60) ealendaF days before expiration of the
permit, on forms supplied by the City, shall include the fee established by resolution of the City Council
and shall specify any changes to the information provided on the original application for a permit.
17.40.070 Conditions/Regulations.
A 3. By obtaining a live -aboard permit, the permittee specifically authorizes the Harbormaster er has-eF
"^ to board the subject vessel at any time to inspect the marine sanitation device and holding
tank and install a dye tablet to determine whether there is any discharge from the same.
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Chapter 17.45
SANITATION
17.45.030 Waste and Refuse.
A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or
allow any other person on a vessel under his or her control or command to discharge any treated or
untreated human or animal excreta from any marine sanitation device on a vessel into the waters of
Newport Harbor or the Pacific Ocean. In accordance with Cal. Harb.ef &ate Nay.s Code Section 782
any vessel in the waters of Newport Harbor or on the waters of the Pacific Ocean within the jurisdiction
of the City, with a marine sanitation device, is subject, at any time, to boarding by the Harbormaster to
inspect the operation and condition of the same and shall be subject to the use of a dye tablet to
determine whether or not the marine sanitation system is discharging overboard. Violations are subject
to all available remedies, including immediate removal from Newport Harbor.
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Chapter 17.50
HARBOR DEVELOPMENT PERMITS
17.50.040 Rendering of Decision.
A. Approval.
1. Approval by City Staff.
a. Except as provided in subsection (A)(2) of this section, the review authority shall
approve and issue an approval in concept and/or harbor development permit if a public
hearing is not expressly required, and the application conforms to the provisions of this
title, the design criteria and all applicable standards and policies otherwise applicable to
the property.
b. Before issuing an approval in concept or harbor development permit for:
i. Any development on oceanfront beaches;
ii. Development of a nonstandard structure; or
iii. Development of a structure for a use that is not in keeping with the
surrounding area;
the review authority shall notify all real property owners within three hundred (300)
feet of the proposed development, as shown on the last equalized assessment rolls,
of the pending application. Notice will be sent at least ten (10) ealendar prior to
a decision.
B. Notice of Decision. Notice of the decision shall be posted on the City website within one day of the
date of the decision. The review authority shall provide notice of the decision to the applicant and publish
notice of the decision on the City's website for fourteen (14) calendar days. If no appeal or call for review
of the decision is filed within the fourteen (14) edays, the decision is final. No permit shall be
issued until the appeal period or call for review, in accordance with Chapter 15.80 or 17.65, expires.
17.50.100 Securing of Structures.
If, based upon an inspection by the City or other facts, the Harbormaster determines that a sea lion has
boarded a permitted structure and/or any vessel or other appurtenances attached to the structure, the
Harbormaster shall issue a notice of violation and the permittee shall take any and all necessary action to
employ and maintain appropriate measures to deter sea lions from boarding the structure and/or any
vessel or other appurtenances attached to the structure within seven J7 days of the notice of violation. If
the Harbormaster determines that appropriate deterrent measures have not been taken within seven
c-days of the notice of violation, the Harbormaster may take enforcement action in accordance
with this Code and the permittee shall take any and all necessary action to employ and maintain
appropriate sea lion deterrent measures. Appropriate deterrent measures shall be defined as the latest
methodology permitted by the National Marine Fisheries Service to minimize sea lion boarding of a
permitted structure and/or any vessel or other appurtenances attached to the structure.
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Chapter 17.55
DREDGING PERMITS
17.55.040 Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be
limited to uses consistent with S etie , 20222 f the Cu 1. fe ^;a Cal. Pub.4e Resources Code Section 30233
(Coastal Act) and the certified Local Coastal Program.
SS2-388
Chapter 17.60
HARBOR PERMITS AND LEASES
17.60.040 Mooring Permits.
B 2 j. Agree to move the vessel from the mooring to another location when deemed necessary by the
Public Works Director and/or Harbormaster because the vessel has drifted from its assigned mooring
location or to address safety or navigational concerns, and also to authorize the City GF its de5ig^^^ to
move the vessel upon the mooring permittee's failure to do so, at the permittee's expense;
B 3 a. A natural person(s) including, but not limited to, an immediate family member, which shall mean
the mooring permittee's spouse and heirs at law to the second degree of consanguinity;
d-. IrAppediffiate faFROIV,, wh*r--.h shall rpean the MA-A-FiRg permittee's spouse and heirs _;# Iay.f tA thiz
i
de. A marine contractor, or marine support service provider, holding a mooring permit used to
provide current or ongoing harbor infrastructure and marine or fishing services (such as
maintenance or dredging);
ef. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities;
Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and
American Legion Post 291 for the purpose of serving veterans and their families and supplying
them with affordable access to boating and harbor activities; or similar marine educational
entities; or
fg. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively "yacht clubs") and the Lido
Isle Community Association —only for those moorings assigned by the City within certain
established mooring areas or locations, priorto January 13, 2011. These designated mooring areas
may not be expanded. The boundaries of all mooring areas in Newport Harbor are graphically
depicted by National Oceanographic and Atmospheric Administration (NOAA) Chart Number
18754. Yacht clubs shall be entitled to a maximum number of moorings identified in NOAA Chart
Number 18754 that are located within the yacht club's established mooring fields and at a
minimum the current number of moorings assigned to them as of January 13, 2011.
g-k. Agree to allow the Harbormaster, ^r his desig^^^, to board the permittee's vessel at anytime
to inspect the condition and operability of the marine sanitation device(s) and/or insert dye
tablets to determine whether said devices are discharging overboard in accordance with
applicable laws; and
H 2. The mooring sub-permittee agrees to be responsible for any damage to mooring equipment; to
defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses
arising out of, or related to, the mooring rental; to provide proof of insurance as may be determined by
the City's Risk Manager; to provide registration or other proof of ownership; to provide an equipment
damage deposit, all to the satisfaction of the Harbormaster; and authorize the City, ^F its designee-, to
move the vessel on the mooring to another location when deemed necessary by the Public Works Director
and/or Harbormaster;
SS2-389
17.60.060 Public Trust Lands.
A 3. The City Manager, 9F his eF heF designee, is authorized to enter into leases or permits authorized by
this section on behalf of the City in a form approved by the City Council pursuant to Resolution 2012-91
for large commercial marinas and Resolution 2012-97 for commercial use of tidelands (as the same may
be subsequently amended from time to time by the City Council) or in such form as is substantially similar
thereto; provided, however that the City Manager may instead refer the matter to the City Council for
consideration and approval. Furthermore, the City Manager ^.r his ^.r "^F designee, is authorized to
implement such leases or permits on behalf of the City and to issue interpretations, waive provisions, and
enter into amendments thereof.
SS2-390
Chapter 17.65
APPEALS OR CALLS FOR REVIEW
17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) ealendar of the decision.
SS2-391
Chapter 17.70
ENFORCEMENT
17.70.010 Declaration of Nuisance —Abatement.
Any building, structure, or vessel set up, erected, constructed, altered, enlarged, converted, moved or
maintained in or over the waters of Newport Harbor or the Pacific Ocean contrary to the provisions of this
Code, and any use of any land, water, building or premises established, conducted, operated or maintained
contrary to the provisions of this Code, shall be and the same is declared to be unlawful and a public
nuisance; and the City Attorney may commence action or proceedings for the abatement and removal and
enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts
as may have jurisdiction to grant such relief as will abate and remove such building, structure, or vessel
and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or
using any such building contrary to the provisions of this Code. Pursuant to Cal. Gov_eFRFReRt Code Section
38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be
chargeable to the person(s) creating, causing, committing, or maintaining the public nuisance.
17.70.015 Suspension of Marine Activities Permit.
B 1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities
permit holder has submitted an application that contains false information or committed a violation of a
permit condition, this Code, State or federal law related to a marine activities permit. Such investigation
may include, but is not limited to, on -site or vessel inspections. Should the investigation reveal substantial
evidence to support a finding that warrants a suspension of the marine activities permit, the Harbormaster
shall issue written notice of intention to suspend the permit. The written notice shall be served on the
owner in accordance with Section 1.05.030, directing the permittee to appear at the date, time and place
for a hearing on the suspension of the marine activities permit. The notice shall specify the facts which, in
the opinion of the Harbormaster, constitute substantial evidence to establish grounds for imposition of
the suspension, and specify the proposed time the marine activities shall be suspended. At least fourteen
(14) cr days' notice of such hearing shall be given in accordance with Section 1.05.030 to the
permittee shown on such permit, setting out the date, time and place of hearing.
2. The hearing shall be conducted according to the rules normally applicable to administrative hearings.
At the hearing, a hearing officer will preside over the hearing, take evidence and then submit proposed
findings and recommendations to the City Manager. The City Manager shall suspend the marine activities
permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that
the suspension is consistent with the provisions of this section. If the City Manager determines there are
grounds for suspension of a marine activities permit, he/she shall provide written notice of the suspension
to the permittee shown on such permit, stating the grounds for the action, the length of suspension, and
the effective date of the decision. The notice of decision shall be served in accordance with Section
1.05.030 within thirty (30) ralendar days of the City Manager receiving recommendations from the hearing
officer. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant
to Cal. Code Civ. Proc. Section 1094.5.
SS2-392
17.70.020 Grounds for Revocation of Permit.
B 1 a. At least fourteen (14) ealendar days' notice of such hearing shall be given in accordance with
Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing,
and specifying the facts which constitute the grounds for revocation.
2. Procedure for Revocation of Live -Aboard Permits. If the Harbormaster determines there are grounds
for revocation of a live -aboard permit as provided in subsection (A)(2) of this section, he or she shall
provide written notice of revocation with service of the notice in accordance with Section 1.05.030, stating
the grounds for the action, the effective date of the decision and the right of the permittee to appeal the
decision to the Harbor Commission. The permittee shall have fourteen (14) ealendaF from the date
on which notice is deemed served to request a hearing.
If the permittee does not request a hearing within fourteen (14) c-alendar days of the date the notice is
deemed served, the decision of the Harbormaster shall be final.
3. Procedure for Revocation of Mooring Permits. If the Harbormaster determines there are grounds for
revocation of a mooring permit as provided in subsection (A)(3) of this section, he/she shall provide written
notice of the revocation with service of the notice in accordance with Section 1.05.030 to the permittee
shown on such permit, stating the grounds for the action, the effective date of the decision and the right
of the permittee to appeal the decision to the Harbor Commission. The permittee shall have fourteen (14)
c- days from the date on which notice is deemed served to request a hearing.
If the permittee does not request a hearing within fourteen (14) edays of the date the notice is
deemed served, the decision of the Harbormaster shall be final.
SS2-393
Chapter 19.04
GENERAL PROVISIONS
Sections:
19.04.010 Short Title.
19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).
19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).
19.04.035 Development Across Property Lines.
19.04.040 Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).
19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411.1, 66428).
19.04.070 Interpretation of Code Provisions.
19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).
19.04.010 Short Title.
This title shall be known as the "Subdivision Code" of the City of Newport Beach. All references herein to
chapters, sections, subsections and paragraphs shall, unless otherwise specified, mean text in thise
Municipal Code of which this title is a part. Similarly, all references herein to "this title" shall, unless
otherwise specified, mean this Title 19.
19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).
A. Consistency with Subdivision Map Act. It is intended that the provisions of this title shall be fully
consistent and in full compliance with the Subdivision Map Act, as defined in Section 19.04.090 (Divisien
L
of Title :7 ^f the Galgfemia GoveF^m^^+ Code) and that such provisions shall be so construed. In case of
conflict between the provisions of this title and those of the Subdivision Map Act, the latter shall control.
19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).
A. No Sale, Lease or Financing Without Map. No person shall sell, lease or finance any parcel or parcels
of real property or commence construction of any building for sale, lease or financing thereon, except for
model homes, or allow occupancy thereof, for which a final tract map or final parcel map is required by
this title, until the final tract or parcel map thereof in full compliance with this title has been recorded and
the City has been provided proof of recordation.
SS2-394
B. No Conveyance Without Map. Conveyances of any part of a division of real property for which a final
tract map or parcel map is required by this title shall not be made by parcel or block number, initial or
other designation, unless and until such map has been recorded by the County Recorder.
C. Subdivisions Under Previous Law. In accordance with Cal. Gov. Code Section 66499.30Af #e
Map Aet, SUhr^^*i^^r, (A) aPA-(B) of this section do not apply to any parcel or parcels of a
subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or
exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions
in effect at the time the subdivision was established.
D. Sales Conditioned on Final Map Allowed. In accordance with Cal. Gov. Code Section 66499.30Af #e
^^ Map Act, nothing in this section shall prohibit an offer or contract to sell, lease or finance real
property, or to construct improvements thereon where the sale, lease or financing or the commencement
of construction is expressly conditioned on the approval and filing of a final map as required by this title.
E. Compliance Required for Permit Issuance. Compliance with the provisions of this title is a condition
precedent to the issuance of a building permit or occupancy certificate on any lot or parcel of land within
the City.
19.04.040 Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).
A. Inapplicability. This title does not apply to leases, conversions, transactions, conveyances or other acts
which are specifically designated as excluded by the ", ap AetCal. Gov. Code, except that
procedures for lot line adjustments shall be in accordance with Chapter 19.76.
B. Determinations of Exemption. In accordance with Cal. Gov. Code Section 66451.7
Map Aet, determinations on whether a proposed action is exempt from review pursuant to Cal. Gov. Code
Section 66412 e#+"^ c„-WiV;S;^^ Map et or whether a parcel map may be waived pursuant to Cal. Gov.
Code Section 66428 of the SIVIA shall be made within sixty (60) days of an application being deemed
complete.
19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
Pursuant to Cal. Gov. Code Section 66415 ^{ the G^V^.F^m^^+ Cade, the Planning Commission is hereby
designated as the City's Advisory Agency for review of tentative tract maps and the Zoning Administrator
is designated as the City's Advisory Agency for review of tentative parcel maps, lot mergers, and lot line
adjustments. The duties, responsibilities, and authority for tentative map review by the Planning
Commission and Zoning Administrator shall be as specified in Chapter 19.12. Pursuant to Cal. Gov.ernment
Code Section 66416, the Appeal Board for decisions of the Planning Commission shall be the City Council
and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission.
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Section 66411.1, 66428).
A tentative parcel map and final parcel map shall be required for any division of land which does not
require a tentative and final tract map pursuant to Cal. Gov. Code Section 66428
Act. Subject to the limitations on improvements associated with parcel maps set forth in Chapter 19.28,
form, content, design and other requirements for parcel maps shall be the same as set forth in this title
for tract maps. Further, as used in this title, the term "tentative map" shall encompass both tentative tract
and tentative parcel maps, and the term "final map" shall encompass both final tract and final parcel maps.
SS2-395
19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).
tifle -;h-;;Il he guilty ef a -and- Shall She subjeGt te peRalt�es as previded by law. SuGh peFseR
A-B. Remedies for Violation. Any deed of conveyance, sale or contract to sell real property in violation of
the provisions of this title is voidable to the extent and in the same manner as provided in Cal. Gov. Code
Sections 66499.32 through 66499.36 e# the S-H",�Tsi^Aet. In addition, the City may elect other
remedies for violation of this title, as provided in the Cal. Gov. Code WA sections cited above.
BQ Enforcement Responsibility. It shall be the duty of the Community Development Director or the
director's authorized representative to enforce the provisions of this title.
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seg.).
"City ER&P-P-F" meaps the City ER&P-P-F A-f the City of NewpeFt Beach er the equivaleRt POSi:ViE)R
speeifletip'iR th iS-&H-WOVOSOOR Code, .,r the City ERgiY eeF'S deSi..Ree
u ty epment "
fl.,.,.,1.,.,.Re Rt n. pa Ft., eAt r.r his ^r hP,r deSi.,r.,.,
"Community Development Director" or "Director" means the Community Development Director for the
Community Development Department or his or her designee.
"Condominium" means a condominium project community apartment project or stock cooperative, as
defined in Cal. Civ. Code Sections 13-&14105, 4125, and 4190 ^f *"^ ! ,I f^.^; �^ J^
"Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land,
or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be
considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights -
of -way. Subdivision includes a condominium project, as defined in Cal. Civ. Code Section
4125 or 65421291 ^f the r;,,;l r,,,J a a community apartment project, as defined in
Section 1351 ^f t"^ Cal. Civ.4 Code Section 4105 or the conversion of five for more existing dwelling
units to a stock cooperative, as defined in subdivisien Civ. Code Section 4190 or 65661351 e#
th., cowl CA-1- f C✓ the C--hdffiWiS ^ Ma Art 1
rrrc-c-v-- -- c. r......eai-irr
"Subdivision Map Act" or "SMA" means Cal. Gov. Code Title 7, Division 2, Section 66410 et seq.ef he
SS2-396
Chapter 19.08
TENTATIVE MAP FILING
Sections:
19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).
19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).
19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).
19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).
Approval of a tentative and final tract map shall be required in accordance with this title for any subdivision
creating five f or more parcels, five for more condominiums as defined in Cal. Civ Code Section 783-G#
the C-,lifer.,;; Civil G^d^ a community apartment project containing five for more parcels or for the
conversion of a dwelling to a stock cooperative containing five for more dwelling units, except for those
activities excluded by Section 19.04.040, or where:
19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
Al. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Cal. Pub.
Util. Code Section 230 ^f the ralif^F^"' P- -hiie Utilities r^d^ which are created by short-term leases
terminable by either party on not more than thirty (30) days' notice in writing;
19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
A. Activities Eligible for Waiver. The'^^O^^ "dMiR"tratOFCommunity Development Director may waive
all or part of the requirements for a tentative and final parcel map in the following cases:
4. A division requiring a parcel map imposed by Cal. Gov. Code Section 66426. ^f the Gever^m^^*
Code
19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).
A. Filing. Tentative maps shall be filed with the Community Development Department by a record owner
or owners of the property to be divided or by their authorized agents. The required number of copies of
the tentative map shall be as promulgated in writing by the Community Development Director.
B. Application Fee. The tentative map shall be accompanied by the required application fee(s), as
established by resolution of the City Council. Such fees shall be in accordance with Cal. Gov. Code Section
SS2-397
66451.2 of the SubdiVrsro^ Map Act and shall not exceed the amount reasonably required to administer
the provisions of this title.
C. Form and Content. Tentative tract and tentative parcel maps shall be prepared by a civil engineer
registered in the State of California in accordance with the S.-H-Wivism^^ ", ap AetCal. Gov. Code and this
Code. Tentative maps shall be in map form in size, scale and format as specified by the Community
Development Director and shall be accompanied by other reports, exhibits, information and materials as
required by the Director. The Director shall provide application forms and a list of required tentative map
information on request.
D. Flood Hazard Areas. All tentative maps shall identify any flood hazard area and elevation of the base
flood.
19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) ealend@F days after receipt of a tentative
map application, the Planning Department shall determine whether the application is complete and shall
immediately transmit the determination in writing to the applicant. If the written determination of
completeness is not made within thirty (30) days after receipt of the application and the application
includes a statement that it is an application for a development permit, the application shall be deemed
complete for purposes of this title.
B. Reasons for Incompleteness. If an application is determined to be not complete, the notification to
the subdivider shall identify those parts of the application which are incomplete and shall indicate the
manner in which they can be made complete. Other details regarding determination of completeness of
subdivision applications shall be in accordance with Cal. Gov. Code Section 65943 ^f the GA-Ve ^meRt
19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).
A preliminary soils report prepared to the satisfaction of the City Engineer by a civil engineer registered
in California shall be submitted with all tentative maps. However, the requirement for a soils report may
be waived if the City Engineer determines that, due to existing information on the soil and geological
qualities and topography of the property to be subdivided, no such report or reports are necessary.
Conversely, if the preliminary soils report indicates the presence of critically expansive soils, the
presence of deleterious chemicals or other soil problems, the City Engineer may require additional tests
as indicated in Cal. Gov. Code Section 66491P-f t#e1",T` ^Map Act.
SS2-398
Chapter 19.12
TENTATIVE MAP REVIEW
Sections:
19.12.010 Tentative Map Review Authority.
19.12.020 Prefiling Conference.
19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).
19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).
19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq.,
66474.9).
19.12.060 Review of Tentative Parcel Maps.
19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et
seq.).
19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2).
19.12.090 Amendments to Approved Tentative Maps.
19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).
Within five days of a tentative map being determined to be complete pursuant to Section 19.08.050,
copies of the map shall be sent to all local and State agencies prescribed by Cal. Gov. Code Sections
66453 et seq. of the Subdivisien Map Aet for the opportunity to comment on the proposed tentative
map. In addition, copies of the tentative map shall be sent for comment to all utilities and similar service
entities which the Director deems may be affected by the proposed subdivision.
19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).
A. Subdivider's Responsibilities. The subdivider shall submit information as required by the Community
Development Director sufficient to permit environmental review of the project in accordance with the
Fpj�ir^^m^^*^' ^ ^' * "r*CEQA, the Zoning Code and City procedures. The subdivider shall
also pay all fees required for the completion of environmental review including, but not limited to, the
preparation of an environmental impact report, if required.
B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Community
Development Director shall determine if the parcel map is categorically exempt from environmental
review pursuant to c^^*i^~' 5" 5 of the California Environmental Quality Act Guidelines Section 15315.
C. Mitigation Measures. In conjunction with adoption of an environmental impact report or negative
declaration, the City may impose mitigation measures as conditions of approval on a tentative tract or
parcel map ;n E)FdeFto mitigate a project's environmental impacts.
SS2-399
19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9).
C. Public Hearings. Public hearings shall be noticed and held in accordance with Cal. Gov. Code Sections
65090, 65091, and 66451.3 ^f the r-,,,,,,,-n,Y,,,rt r,,,,^ and City procedures.
E 2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application
pursuant to this title, the D1@^^i^g DiFe ^Community Development Director shall determine whether or
not the City is able to meet the time limits specified in this chapter for reporting and action on maps. If
the Director determines that such time limits cannot be met, the Director, upon request of the subdivider
and for the purpose of meeting such limits, may contract or employ a private person or entity on a
temporary basis to perform such services as necessary to permit the City to meet such time limits, subject
to the provisions, requirements and limitations of Cal. Gov. Code Section 66451.1 ^f the r_ever. ppPn+ r t,^
G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission
within the time limits specified in this section or within any authorized extension thereof per this section,
the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable
requirements of the Cal. Gov_eFRPReRt Code and the City of "'ewpeFt Beach lVl w4e4a'this Code. It shall be
the duty of the City Clerk to affirm said approval. Any tentative tract map deemed approved by Planning
Commission inaction may in turn be appealed to the City Council in accordance with the procedures and
time limits set forth in subsection (1) of this section.
H. Denial Action to Comply with Time Limits Prohibited. Pursuant to Cal. Gov. Code Section 66451.4�#
the r_,,,,e.rP Rent r d no tentative tract map shall be denied to comply with the time limits specified in
this section unless there are reasons for disapproval other than the failure to timely act in accordance with
the time limits specified in this section.
13. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee set by resolution of
the City Council pursuant to Cal. Gov. Code Section 66451.2A-f the Geve ^meRt Code
she. A call for review is exempt from the payment of a filing fee under Section 3.36.030y
14. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map
appeal or call for review. The appeal or review hearing shall be noticed in accordance with Cal. Gov. Code
Sections 65090, 65091 and 66451.3 ^f the r_,,,,,,rrmeRt Cede, OF aRY successer statutes, and shall be held
within thirty (30) days after filing of the appeal or call for review. Within ten (10) days following the
conclusion of the hearing, the City Council shall render its decision on the appeal or call for review.
J. Indemnification of City. Pursuant to Cal. Gov. Code Section 66474.9 ^f the r_^.,^rn., ent Cede as a
condition of approval of a tentative tract map, the decision making body may require that the owner of
the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and
employees from any claim, action or proceeding against the City, its agents, officers, or employees to
attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such
claim, action, or proceeding is brought within the time period provided under Cal. Gov. Code Section
66499.37 ^f the Gev ^meat Gede. The City shall notify the owner of the fee interest or designee of any
claim, action or proceeding and the City shall cooperate fully in the defense.
SS2-400
19.12.060 Review of Tentative Parcel Maps.
A 2. Procedures. Except as provided in subsection (A)(5), Tthe provisions for tentative tract maps set
forth in Sections 19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits,
required findings, approval by inaction, and indemnification shall apply to tentative parcel maps.
A 5. Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the
subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes shall be exempt
from the provisions set forth in Sections 19.12.050(B) and (C) regarding staff reports and public hearings.
Public notice shall be provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and
City procedures, except that the notice shall include a statement that no local public hearing will be held;
however, written comments on the proposed subdivision will be considered if submitted by no later than
the date set forth in the notice.
B. 1 Initiation of Appeal or Call for Review. With the exception of a tentative parcel map for an urban lot
split, any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel
map to the Planning Commission or any action of the Planning Commission regarding a tentative parcel
map to the City Council. Only an applicant can appeal an action by the Zoning Administrator or the Planning
Commission on a tentative parcel map for an urban lot split. With the exception of a tentative parcel map
for an urban lot split, calls for review of any action of the Zoning Administrator regarding a tentative parcel
map may be initiated by a member of the Planning Commission to the Planning Commission, in the
member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the
entire body for review. With the exception of a tentative parcel map for an urban lot split, calls for review
of any action of the Planning Commission regarding a tentative parcel map may be initiated by a member
of the City Council to the City Council, in the member's official capacity, if the sole purpose for the call for
review is to bring the matter in front of the entire body for review. In accordance with Cal. Gov.
Gevernment Code Section 66463.5, er any successer statute, an appeal of a denial of a tentative parcel
map extension shall be heard by the City Council.
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the
Director within ten (10) days after the action of the Zoning Administrator on a form provided by the
Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days
after the action of the Planning Commission on a form provided by the City Clerk. An appeal of a denial of
a tentative parcel map extension shall be filed with the City Clerk and heard by City Council in accordance
with Cal. Government Code Section 66463.5, ep _^, sweeesser statute. The time limit for filing appeals on
denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning
Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the
matter shall be set for public hearing.
19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et
seq.).
A7. That, in the case of a "land project" as defined in Cal. Bus. & Prof. Code Section 11000.5ef he
CalofArnma °i ^^« ;;^r' °r^{^rriAnr CA : (1) There is an adopted specific plan for the area to be included
within the land project; and (2) the decision making body finds that the proposed land project is consistent
with the specific plan for the area;
SS2-401
A9. That the subdivision is consistent with Cal. Gov. Code Sections 66412.3 of the Subdivision Map Act
and Seetien 65584 ^{ the Galife— is Government Cede regarding the City's share of the regional housing
need and that it balances the housing needs of the region against the public service needs of the City's
residents and available fiscal and environmental resources;
19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2).
B2 Published a public hearing notice in accordance with CaLifernia Government Code Section 65090
containing a description sufficient to notify the public of the nature of the proposed change(s) to this Code,
the General Plan, any applicable specific plan(s) or other City regulations.
19.12.090 Amendments to Approved Tentative Maps.
A. Minor Amendments. Minor amendments to approved tentative tract or tentative parcel maps or to
any condition of approval thereon may be approved by the D!aRRiRg DiFe ^Community Development
Director provided the Director determines that all of the following criteria are met:
4. The resulting tentative map remains inconformity with this Subdivision Code, other applicable
provisions of the M nieipalthis Code and the Subdivision Map Act.
B. Major Amendments. If the Dlanning Direet^FCommunity Development Director determines that a
proposed amendment to an approved tentative map or to any condition of approval thereon does not
meet the criteria for a minor amendment set forth in subsection (A) of this Section, the Director shall
require the filing of a map amendment application and fee. Such major tentative map amendments shall
thereupon be reviewed in the same manner as an original tentative map application. If such a major
amendment is approved, the expiration date of the amended tentative map shall be determined from the
date of approval of the amendment.
SS2-402
Chapter 19.16
TENTATIVE MAP EXPIRATION AND EXTENSION
Sections:
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
A. Expiration. An approved or conditionally approved tentative tract map or tentative parcel map shall
expire twenty-four (24) months after the date of its approval or conditional approval.
B. Termination of Proceedings. The expiration of an approved tentative tract map or tentative parcel map
shall terminate all proceedings and no final map or parcel map of all or any portion of the real property
included within the tentative map shall be filed with the legislative body without first processing a new
tentative map. Once a timely filing is made, subsequent actions of the City, including, but not limited to,
processing, approving and recording, may lawfully occur after the date of expiration of the tentative map.
Delivery of the final tract map or final parcel map to the City Engineer shall be deemed a timely filing for
purposes of this Section.
19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
A. Review of Extensions. Upon application by the subdivider filed before expiration of a tentative tract
map or tentative parcel map, the original tentative map decision making body may extend the time at
which the map expires for a period or periods not exceeding a total of five years from the initial expiration
date. Prior to expiration of an approved tentative map, upon the application by the subdivider to extend
the map, the map shall be automatically extended for sixty (60) days or until the application for the
extension is approved, conditionally approved, or denied, whichever occurs first. If the decision making
body denies a request to extend a tentative map, the subdivider may appeal the denial to the City Council
(for both tentative tract maps and tentative parcel maps) within fifteen (15) days after the denial in
accordance with the provisions of Sections 19.12.050 and 19.12.060.
B. Extensions Due to Public Improvement Obligations, Moratoriums and Lawsuits. In addition to the
extensions provided for in subsection (A) of this Section, the expiration of tentative maps shall be deferred
in the following cases pursuant to the detailed provisions of Cal. Gov. Code Section 66452._6 ef the
1. Public Improvements and Development Agreements. The tentative map shall be automatically
extended pursuant to Cal. Gov. Code Section 66452.6 of the SIVIA if the subdivider is required to provide
off -site public improvement requirements above the dollar amount specified in Cal. Gov. CodeSP 4A Section
66452.6. Extensions of tentative maps on property subject to a development agreement shall also be
administered pursuant to that SIAA-section.
2. Moratoriums. The period of time specified in subsection (A) of this Section, including any extensions
granted pursuant to subsection (13)(1), shall not include any period of time during which a development
SS2-403
moratorium, imposed after approval of the tentative map, is in existence. However, the length of the
moratorium shall not exceed five years.
I Lawsuits. The period of time specified in subsection (A) of this Section, including any extensions
granted pursuant to subsection (13)(1), shall not include any period of time during which a lawsuit, involving
the approval of the tentative map, is or was pending in a court of competent jurisdiction, if the stay of the
time period is approved by the City pursuant to Cal. Gov. Code Section 66452.6 AfthP S"""
SS2-404
Chapter 19.20
VESTING TENTATIVE MAPS
Sections:
19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2).
19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).
19.20.040 Filing and Review.
19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6).
19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).
19.20.070 Amendments Tto Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
This Chapter is enacted to implement Chapter 4.5 of the Subdi is en Map et 4Cal. Gov. Code Sections
66498.1 et seq. Whenever a provision of this Title 19 requires that a tentative tract map or tentative
parcel map be filed, a vesting tentative tract map or tentative parcel map may be filed instead.
19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2).
A. Right to Proceed with Development. The approval or conditional approval of a vesting tentative map
shall confer a vested right to proceed with development in substantial compliance with the ordinances,
policies and standards described in Cal. Gov. Code Section 66474.2 of the SubdivisieR Map Act. However,
if Cal. Gov. Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative
map shall confer a vested right to proceed with development in substantial compliance with the
ordinances, policies and standards in effect at the time the vesting tentative map is approved or
conditionally approved.
B. City Retains Right to Condition or Deny. Notwithstanding subsection (A) of this Section, the
City may condition or deny a permit, approval, extension or entitlement if it determines any of the
following: (1) A failure to do so would place the residents of the subdivision or the immediate community,
or both, in a condition dangerous to their health or safety, or both; or (2) the condition or denial is required
in order to comply with State or Federal law.
C. Expiration of Rights. The rights conferred by this section shall expire if a final map is not approved
prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by
this section shall be subject to the periods of time set forth in Section 19.20.060.
D. Vesting Map Filing Not a Prerequisite to Development Approval. If a subdivider does not seek the
rights conferred by this section, the filing of a vesting tentative map shall not be a prerequisite to any
approval for any proposed subdivision, permit for construction or work preparatory to construction.
SS2-405
19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is
inconsistent with the Zoning Code or Districting Maps in existence at that time, that inconsistency shall be
noted on the vesting tentative map. The City may deny a vesting tentative map or approve it conditioned
on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Code or Districting
Maps to eliminate the inconsistency. If the change in the Zoning Code is obtained, the approved or
conditionally approved vesting tentative map shall, notwithstanding subsection (A) of Section 19.20.020,
confer the vested right to proceed with the development in substantial compliance with the change in the
Zoning Code or Districting Maps, as approved. The rights conferred by this section shall be subject to the
periods of time set forth in Section 19.20.060.
19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6).
19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).
19.20.070 Amendments Tto Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
SS2-406
Chapter 19.24
SUBDIVISION DESIGN
Sections:
19.24.010
Streets and Highways.
19.24.020
Access to Arterials.
19.24.030
Sidewalks and Pedestrianways.
19.24.040
Bikeways and Equestrian Trails.
19.24.050
Lot Design.
19.24.060
Coastal Zone Subdivisions.
19.24.070
Landscaping.
19.24.080
Slopes and Grading.
19.24.090
Drainage and Flood Protection.
19.24.100
Subdivision Boundaries.
19.24.110
Energy Conservation (Cal. Gov. Code Section 66473.1).
19.24.120
Design of Other Improvements.
19.24.130
Deviation from Design Standards.
19.24.110 Energy Conservation (Cal. Gove. Code Section 66473.1).
In accordance with Cal. Gov. Code Section 66473.1A-f the Map A,.+ subdivisions of five or more
lots, other than condominium conversions, shall provide for, to the extent feasible, future passive or
natural heating or cooling opportunities in the subdivision.
SS2-407
Chapter 19.28
SUBDIVISION IMPROVEMENTS
Sections:
19.28.010 General Improvement Requirements.
19.28.020 Compliance with City Traffic Ordinances.
19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).
19.28.040 Streets, Highways and Related Improvements.
19.28.050 Street Lighting.
19.28.060 Water Supply.
19.28.070 Sanitary Sewers.
19.28.080 Storm Drains.
19.28.090 Utility Undergrounding.
19.28.100 Walls and Fences.
19.28.110 Other Improvements.
19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
19.28.130 Waiver of Improvement Requirements.
19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).
A. Limitation. In accordance with Cal. Gov. Code Section 66411.1A-f the c„-holiviSiOR Map Act-,
improvement requirements for parcel maps creating four or fewer lots shall be limited to the dedication
of rights -of -way and easements and the construction of off -site and on -site improvements for the parcels
being created. Requirements for the construction of such off -site and on -site improvements shall be
noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map or
by a separate instrument. Such improvement requirements shall be recorded on, concurrently with or
prior to the parcel map or instrument of waiver of a parcel map being filed for record.
19.28.060 Water Supply.
Each unit or lot within the subdivision shall be served by a domestic water system approved by the City
Engineer. On -site water facilities shall be designed and constructed in accordance with the latest City -
adopted revision of the Newport BeachUniferm Plumbing Code set forth in Chapter 15.08. Fire hydrants
and fire flow capacity shall be approved by the Fire Chief. Water facilities and connections shall be in
accordance with Title 14 (`"'. teF and c,,,.,eFs)
SS2-408
19.28.070 Sanitary Sewers.
A. Public Sewer Connection Required. All lots intended for building development shall be connected to
a public sewer system. No septic tank or cesspools will be permitted. Sewer facilities shall be designed and
constructed in accordance with City standards, the applicable provisions of Chapter 14.24(Sewer
CORReOiE)R o,,,-FRits) and the latest revision of the Newport Beach''RofArM Plumbing Code set forth in
Chapter 15.08. Sewer cleanouts shall be provided to the satisfaction of the City Engineer.
19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
A. Oversizing. In accordance with Cal. Gov. Code Section 66485 ^F+h Map Ae+ the subdivider
may be required to install improvements for the benefit of the subdivision which may be of supplemental
size, capacity or number as will benefit property not within the subdivision, such improvements to be a
condition precedent to the approval of a tentative tract or tentative parcel map and, thereafter, to dedicate
such improvements to the public. Supplemental length may include minimum sized off -site sewer lines
necessary to reach a sewer outlet in existence at that time.
B. Reimbursement. In accordance with Cal. Gov. Code Sections 66486 and 66487s#+he c„hdiVisieR Map
Ate, in the event of the installation of oversized improvements pursuant to this Section, the City shall enter
into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those
improvements, including an amount attributable to interest, in excess of the construction required for the
subdivision.
SS2-409
Chapter 19.32
IMPROVEMENT PLANS
Sections:
19.32.010 Preparation and Submission of Improvement Plans.
19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).
19.32.030 Subdivider's Responsibility.
19.32.010 Preparation and Submission of Improvement Plans.
A. Plan Preparation. Plans, profiles and details for proposed subdivision improvements shall be
prepared under the direction of and signed by a civil engineer registered in the State ^f pia. Such
improvement plans shall contain information and shall be in a format as specified by the City Engineer. A
written listing of required improvement plan information and format shall be provided by the City
Engineer on request.
B. Plan Submission. Improvement plans shall be submitted to the City Engineer prior to submission of a
final map. Plan check, inspection and other improvement plan fees shall be paid as required by
resolution of the City Council.
19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code Section 66456.2).
The City Engineer shall review and act upon improvement plans in accordance with the time limits
specified in Cal. Gov. Code Section 66456.2n-f the-1"�rsie Art-. After review of submitted
improvement plans, the City Engineer shall indicate any required revisions to the plans. Subsequently,
upon finding that all required revisions have been completed and that the improvement plans are
consistent with all tentative map conditions of approval, the General Plan, any applicable specific plans
and this Subdivision Code, the City Engineer shall sign and date the plans. Upon such signing,
improvement plans shall become property of the City.
SS2-410
Chapter 19.36
COMPLETION OF IMPROVEMENTS
Sections:
19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462).
19.36.020 Acquisition of Land for Off -site Improvements (Cal. Gov. Code Section 66462.5).
19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).
19.36.040 Reduction of Security With Special Assessments (Cal. Gov. Code Section 66499.5).
19.36.050 Inspection and Acceptance of Improvements.
19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).
19.36.070 Forfeiture of Security.
19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462).
No final map shall be signed by the City Engineer or recorded until required improvements are
completed or an improvement agreement is executed and all required securities are received and
approved by the City Council in accordance with this chapter.
19.36.020 Acquisition of Land for Off -site Improvements (Cal. Gov. Code Section 66462.5).
If a subdivider is required to construct off -site improvements on land in which neither the subdivider nor
the City has sufficient title or interest to allow construction, acquisition of land or right-of-way for such
improvements shall be carried out in accordance with Cal. Gov. Code Section 66462.5 of the SabdivTsiep.
PA t.
19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).
Improvement security shall be in a form as prescribed by Cal. Gov. Code Section 66499 eft,he Subdiv+siep
Map act. The amount of security shall include all of the following:
19.36.040 Reduction of Security With Special Assessments (Cal. Gov. Code Section 66499.5).
19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).
Security provided in accordance with this chapter shall be released pursuant to the provisions of Cal.
Gov. Code Section 66499.7A-f t#c� ", +sio^ Map ,Act.
SS2-411
Chapter 19.40
GENERAL DEDICATION REQUIREMENTS
Sections:
19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1,
66475.2).
19.40.020 Coastal Access and Open Space Dedications.
19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476).
19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).
19.40.050 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).
19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2).
C. Transit Facilities. The City may require dedication of transit facilities, such as bus turnouts, benches,
shelters and similar facilities, for subdivisions identified in Cal. Gov. Code Section 66475.2Af #e
19.40.020 Coastal Access and Open Space Dedications.
When the Local Coastal Program Land Use Plan, adopted pursuant to Cal. Pub. Resources Code Division 20
A-f+he State o„-bl;,. o-A-'-iFees Code (California Coastal Act), indicates the location of a public accessway or
any permanent open space or conservation area within the boundaries of a proposed subdivision, such
accessway, open space or conservation area shall be shown on the tentative map and offered for
dedication to the City. When an accessway, open space or conservation area is already in existence at the
time a tentative map is filed, the status of such accessway, open space or conservation area, whether
public or private, shall be identified on the map.
19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).
Acceptance, rejection and termination of offers of dedication shall be in accordance with Cal. Gov. Code
Sections 66477.1 through 66477.3 of with Sestien 66477.1 et seq. of the Subdi.,,s,,,n Hoar Acteetie44s.
66477 1 t r,, rth 6647:7
19.40.050 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).
A. Certificate to be Recorded. The City shall record a certificate with the County Recorder regarding
property to be dedicated in fee for public purposes or for making public improvements or for construction
of public facilities, other than for open space, parks or schools. The certificate shall be attached to the final
map and shall contain the information specified in Cal. Gov. Code Section 66477.5 e the Subdiviseen Map
Act.
SS2-412
Chapter 19.48
SCHOOL SITES AND FEES
Sections:
19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).
19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
19.48.030 High School Sites.
19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).
19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
Pursuant to Cal. Gov. Code Section 65974 of the SabdivTsi^ Aet, the City may impose fees or
dedication requirements on new residential subdivisions for the purpose of providing interim school
classroom facilities to alleviate conditions of overcrowding which may be caused by new residential
development. Fee and dedication procedures shall be in accordance with Cal. Gov. Code, ChapteFs ^ 7-
^ o .,f the r_,,,,,,.rM eRt Sections 65970-65981 and 65995-65998, respectively.
SS2-413
Chapter 19.52
PARK DEDICATIONS AND FEES
Sections:
19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).
19.52.020 Applicability (Cal. Gov. Code Section 66477).
19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).
19.52.050 Determination of Land or Fee.
19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).
19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).
19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477).
19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).
19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).
This Chapter is intended to provide for the dedication of land, the payment of fees in lieu thereof or a
combination of both, for park or recreational purposes in conjunction with the approval of residential
development. These provisions are in accordance with the Recreation and Open Space Element of the
General Plan and with Cal. Gov. Code Section 66477 of the Map Aet (known as the Quimby
Act).
19.52.020 Applicability (Cal. Gov. Code Section 66477).
19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).
Per figures from the 2000 Federal census and the City's Recreation and Open Space Element, the amount
of neighborhood and community park acreage in the City is five and one -tenth (5 1/10) acres per one
thousand (1000) population. Per Cal. Gov. Code Section 66477 of the Map Act-, the City may
use its existing parkland ratio, based on data from the most recent available Federal census, as its park
dedication standard for new subdivisions, provided required dedications do not exceed five acres per
thousand persons residing within a subdivision. Therefore, the City's park dedication standard shall be
five acres per thousand population.
19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).
19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).
SS2-414
19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477).
A. Authority to Grant Credit. The tentative map decision making body may grant credit for private
recreational facilities provided within common interest developments, as defined in Cal. Civ. Code
Section 41001251 ^f the Qvel Cede against required land dedications or in lieu fees in accordance with
the provisions of this Section.
19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).
SS2-415
Chapter 19.56
FINAL MAP FILING
Sections:
19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).
19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 -- 66450).
19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447).
19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).
19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)
19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).
A. Definition. For purposes of this Code, the term "final map" shall encompass both final tract maps
and final parcel maps. The procedures for filing and processing of final parcel maps shall be the same as
those set forth in this chapter for a final tract map.
B. Final Maps. After the approval or conditional approval of a tentative tract or tentative parcel map,
the subdivider may cause the real property included within the map, or any part thereof, to be surveyed
and a final map prepared and filed with the City Engineer in accordance with the approved or
conditionally approved tentative map. Final maps shall be filed prior to expiration of the applicable
tentative map, as required in Chapter 19.16 (Tentative Map Expiration and Extension).
C. Form and Content. The form and content of final maps shall be as specified in Cal. Gov. Code
Sections 66433 through 66450 A- the Map Act, as administered and interpreted by the City
Engineer.
19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 - 66450).
19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) calendar days after receipt of a final map
application, the City Engineer shall determine whether the application is complete and shall immediately
transmit the determination in writing to the applicant. If the written determination of completeness is not
made within thirty (30) days after receipt of the application and the application includes a statement that
it is an application for a development permit, the application shall be deemed complete for purposes of
this title.
B. Reasons for Incompleteness. If an application is determined to be not complete, the notification to
the subdivider shall identify those parts of the application which are incomplete and shall indicate the
manner in which they can be made complete. Other details regarding determination of completeness of
subdivision applications shall be in accordance with Cal. Gov. Code Section 65943 Of the GeveF^m^^*
Cede.
SS2-416
19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447).
19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).
Survey and monumentation for final maps shall be carried out in accordance with Cal. Gov. Code Sections
66434 and 66495 et seq. of the 5111-WilViSieR Map et and the requirements of City Design Criteria to the
satisfaction of the City Engineer. In addition, all surveys shall tie into the County ^fps grid system
and Geographic Information System monuments.
19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)
SS2-417
Chapter 19.60
FINAL MAP REVIEW
Sections:
19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).
19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).
19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 66493, 66494).
19.60.040 Recordation of Final Maps (Cal. Gov. Code Sections 66464, 66493).
19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2).
19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).
19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).
At the time of approval of a final map, the City Council shall accept, accept subject to improvement or
reject any offers of dedication at the time of final map approval. The City Clerk shall certify or state on the
map the action by the City Council. If an offer of dedication which directly benefits the residents of a
subdivision is rejected, the offer shall remain open and the City Council may by resolution at any later date,
and without further action by the subdivider, rescind its action and accept the offer of dedication. Other
provisions regulating rejection of offers of dedication shall be as set forth in Cal. Gov. Code Section 66477.2
Of the C h J .. ,n Ma A.+
19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 66493, 66494).
Whenever any part of a subdivision is subject to a lien for taxes or special assessments collected as taxes
which are not yet payable, the final tract or parcel map shall not be recorded until the owner or subdivider
complies with Cal. Gov. Code Section 66493P-rthe Sah�Ts6^ Act (SMA). If such taxes or special
assessments are allowed to become delinquent, the County shall recover from the security required under
Cal. Gov. Code Section 66493 in accordance with the provisions of Cal. Gov. Code Section 66494 Af the .
19.60.040 Recordation of Final Maps (Cal. Gov. Code Sections 66464, 66493).
19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2).
SS2-418
Chapter 19.64
CONVERSION OF RENTAL UNITS TO OWNERSHIP
Sections:
19.64.010 Purpose and Intent.
19.64.020 Definitions.
19.64.030 General Requirements.
19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1,66452.8, 66452.9).
19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427.1).
19.64.060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).
19.64.070 Standards for Condominium Conversions.
19.64.080 Modification or Waiver of Conversion Standards.
19.64.090 Condominium Conversion Fees.
19.64.100 Exemptions.
19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).
19.64.010 Purpose and Intent.
B 1. Residential Conversions. The City Council finds that residential condominiums, community
apartment and stock cooperative types of ownership, as defined in Cal. Civ. Code Sections 4105, 4125 and
4190, differfrom rental apartments with respect to design, type of construction and maintenance controls,
and therefore that the development standards in this chapter are necessary for the protection of the
community, existing rental tenants and the purchasers of the converted units. It is also the intent of these
regulations to maintain a balanced mix between ownership and rental housing in order to assure the
development of a variety of housing types to serve the needs of the community.
2. Nonresidential Conversions. The City Council also finds that nonresidential condominiums, community
apartment and stock cooperative types of ownership, as defined in Cal. Civ. Code Sections 49514105, 4125
and 4190 ^f the Civil differ from rental units with respect to design, type of construction and
maintenance controls, and therefore that the development standards in this chapter are necessary for the
protection of the community, existing rental tenants and the purchasers of the converted units.
19.64.020 Definitions.
A. Condominium, Community Apartments and Stock Cooperatives. The term "condominium" shall
encompass condominium projects, community apartment projects and stock cooperatives, as defined in
Cal. Civ. Code Sections 4105, 4125 and 4190' 351 .,f the r-,I;f^r^; C-iv;r^,I^
SS2-419
19.64.030 General Requirements.
A. Where Permitted. If approved under the provisions of this chapter and Title 20 (Zoning Code),
residential condominium conversions may be allowed in any district in which residential uses are
permitted, including planned communities, except within the R-13115 District (Balboa Island).
Nonresidential condominium conversions may be allowed in any district in which such uses are permitted.
B. Intent. The intent of this chapter is as follows:
1. Residential Conversions. The City Council finds that residential condominiums, community apartment
and stock cooperative types of ownership, as defined in Seed^' 1351 ^f the Cal. Civ.4 Code Section 1351,
differ from rental apartments with respect to design, type of construction and maintenance controls, and
therefore that the development standards in this chapter are necessary for the protection of the
community, existing rental tenants and the purchasers of the converted units. It is also the intent of these
regulations to maintain a balanced mix between ownership and rental housing in order to assure the
development of a variety of housing types to serve the needs of the community.
2. Nonresidential Conversions. The City Council also finds that nonresidential condominiums, community
apartment and stock cooperative types of ownership, as defined in Seetie^ 13S ^f the Cal. Civ.4 Code
Section 1351, differ from rental units with respect to design, type of construction and maintenance
controls, and therefore that the development standards in this chapter are necessary for the protection of
the community, existing rental tenants and the purchasers of the converted units.
C. Applicability of Sections. All sections in this chapter apply to the conversion of residential units. All
sections except 19.64.040, 19.64.050 and 19.64.110 apply to the conversion of nonresidential units.
19.64.020 Definitions.
A. Condominium, Community Apartments and Stock Cooperatives. The term "condominium" shall
encompass condominium projects, community apartment projects and stock cooperatives, as defined in
Cal. Civ. Code Section 1351 of the G_alifemia G_ivil r^d^
19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.179, 66452.18-9).
A. Existing Tenants. At least sixty (60) days prior to the filing of an application for conversion of rental or
lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in
Cal. Gov Code -Section 66452.18-9 of the Map nto each tenant of the subject property.
Further, if the conversion project is approved, the applicant shall give all tenants a minimum of one
hundred eighty (180) days' advance notice of the termination of their tenancy.
B. Prospective Tenants. At least sixty (60) days prior to the filing of an application for conversion of rental
or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth
in Cal. Gov. Code Section 66452.179 of the subdivisieR Map Act to each person applying after such date
for rental or lease of a unit of the subject property. Pursuant to the Subdivision Map Act, failure of an
applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant
subject to the penalties specified in Cal. Gov. Code Section 66452.179 of the SIVIA.
SS2-420
19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427.1).
The property owner shall provide tenants with an exclusive right to purchase his or her respective unit
upon the same or more favorable terms and conditions than those on which such unit will be initially
offered to the general public. Such right shall run for a period of not less than ninety (90) days from the
date of issuance of the subdivision public report pursuant to Cal. Bus. & Prof. Code Section 11018.2 -c4
the -R liner-r- -a^^' °r^{^-s-s'^^s Cede, unless the tenant gives prior written notice of his or her intention
not to exercise the right.
19.64.060 Review Procedures (Cal. Gov. Code Sections 66427.1, 66427.2).
B. Tentative Map Review. Tentative maps shall be approved or denied by the tentative map decision
making body. Decisions on the conversion of existing buildings into condominiums or stock cooperatives
shall be governed by the provisions and limitations of Cal. Gov. Code Section 66427.2 A- t#eSa" +gin
C. Council Findings for Residential Conversions. For residential conversions, no final map for a
condominium conversion shall be approved unless the City Council makes all of the findings set forth in
Cal. Gov. Code Section 66427.1 of t�1SQ", -Aet regarding tenant notification, right to
purchase and other requirements.
19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).
In addition to the provisions in this chapter regarding condominium conversions, the City may, in
connection with the approval of a tentative or final map for a new residential condominium project
requiring approval of a tentative or final map pursuant to this Code, enter into a binding agreement with
the subdivider mandating that the units be first made available for rental housing for a period of not less
than ten (10) years from the date a certificate of occupancy has been issued for the units within the
development subject to the provisions of Cal. Gov. Code Section 66452.50 of the SabdivTsie Aet.
SS2-421
Chapter 19.68
MERGER OF CONTIGUOUS LOTS
19.68.010 Purpose and Intent.
The provisions of this chapter are intended to provide for the merger of parcels as authorized by Cal. Gov.
Code Section 66499.20.34 of the Geve.r^m^^* Code. These provisions are intended to be consistent with
theme Subdivision Map Act and shall be so construed.
19.68.020 Exemptions.
B. Lots in R-613.5 District. On any site of less than five thousand (5,000) square feet which existed prior
to March 10, 1976, a two-family dwelling may be constructed; provided, that there shall be not less than
one thousand (1,000) square feet of land area for each family unit.
SS2-422
Chapter 19.72
REVERSIONS TO ACREAGE
Sections:
19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).
19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).
19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).
19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).
19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18 et seq.).
19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).
19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).
A. Initiation. Reversions to acreage may be initiated by motion of the City Council or by petition of all of
the parcel owners within the subdivision.
B. Filing. Application for a reversion to acreage shall be made on forms provided by the Community
Development Department and shall include the information and materials specified in Cal. Gov. Code
Section 66499.13 A-f the �"�+�^ Map met. A filing fee may be required as established by resolution of
the City Council.
19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).
The City Council shall review reversions to acreage at a noticed public hearing. In approving a reversion to
acreage, the Council shall make all findings set forth in Cal. Gov. Code Section 66499.16 A- the
Map t.
19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).
As conditions of approval of a reversion to acreage, the City Council shall require all conditions set forth in
Cal. Gov. Code Section 66499.17 A- the c„W;viSi R MapAct-.
19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18 et seq.).
Recordation and release of security shall be in accordance with Cal. Gov. Code Section 66499.18 et seq.-iaf
the c- -haliyi. Map Act.
c
SS2-423
Chapter 19.80
CERTIFICATES OF COMPLIANCE
Sections:
19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (66499.35).
19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).
The Community Development Director shall process certificates of compliance in accordance with the
provisions of Cal. Gov. Code Section 66499.35$f the c„� �;.,;�;^^ Map Aet.
SS2-424
Chapter 19.90
PARCEL MAPS FOR URBAN LOTS SPLITS
Sections:
19.90.010 Purpose and Scope.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing With Other Ministerial Permits for Housing Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
19.90.010 Purpose and Scope.
This chapter serves to implement Cal. Gov_eFRFReRt Code Section 66411.7 to provide an owner an
alternative method to subdivide a lot for residential development. For purposes of this chapter, "urban lot
split" means the subdivision of an existing legal lot to create one additional lot in R-A and R-1 zoning
districts or areas designated for single -unit residential within a planned community development plan or
specific single-family residential use zone.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with the Community
Development Department by a record owner or owners of the property to be divided or their authorized
agents. The required number of copies of the map shall be established by the Community Development
Director through an application form.
B. Application Fee. The application shall be accompanied by the required application fee(s), as established
by resolution of the City Council. Such fees shall be in accordance with Cal. Gov. Code Section 66451.2 of
the Map Act and shall not exceed the amount reasonably required to administer provisions of
this title.
D. Supplemental Information. In addition to the items identified in subsection (C) of this section, the
following supplemental information shall be submitted with a tentative parcel map application to establish
compliance with the construction plans and all provisions of this Code and applicable state law:
2. iii A lot or lots on which an owner of residential real property has exercised the owner's rights
Cal. Gov. Code Section 7060 et seq. r4ap of Diyisi^. 7 of Title 1
^f +"^ Gpvpr^m^^+ Gede to withdraw accommodations from rent or lease within fifteen (15) years prior
to the date that the development proponent submits an application;
SS2-425
E. Review Authority and Approval. If the Zoning Administrator determines, after consultation with the
City Engineer, that a tentative parcel map for an urban lot split meets all requirements of this chapter and
Section 20.48.205(B) (Permit and Review Procedures), the Zoning Administrator shall approve the
tentative parcel map. This action is a ministerial action in compliance with the provisions of this chapter
only. The findings under Section 19.12.070 (Required Findings for Action on Tentative Maps) do not apply.
F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative parcel map for
urban lot split if the Zoning Administrator makes written finding(s), based upon a preponderance of the
evidence, that it would have a specific, adverse impact, as defined and determined in Cal. Gov. Code
Section 65589.5(d)(2), On paFagr ph (2) of su+ n (d) of GeveFnment Cede c^eti^^ 65589.5, upon
public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
SS2-426
Title 20
PLANNING AND ZONING*
Chapters:
Part 1. Zoning Code Applicability
20.10 Purpose and Applicability of the Zoning Code
20.12 Interpretation of Zoning Code Provisions
20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses, and Zoning District Standards
20.16 Development and Land Use Approval Requirements
20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)
20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.22 Mixed -Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV/15th St., MU-W1, MU-W2)
20.24 Industrial Zoning District (IG)
20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)
20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards
20.30 Property Development Standards
20.32 Density Bonus
20.36 Landscaping Standards
20.38 Nonconforming Uses and Structures
20.40 Off -Street Parking
20.42 Sign Standards
20.44 Transportation Demand Management Requirements
20.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
20.48 Standards for Specific Land Uses
20.49 Wireless Telecommunications Facilities
SS2-427
Part 5. Planning Permit Procedures
20.50 Permit Application Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementation, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administration
20.60
Administrative Responsibility
20.62
Public Hearings
20.64
Appeals
20.66
Amendments
20.68
Enforcement
Part 7. Definitions
20.70 Definitions
Part 8. Maps
20.80 Maps
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
SS2-428
Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE
20.10.050 Responsibility for Administration.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to
as the "Council"; the Planning Commission, hereafter referred to as the "Commission"; the Planning
DiFeek)rCommunity Development Director, hereafter referred to as the "Director"; the Zoning
Administrator; and the Community Development Planning Department, hereafter referred to as the
"Department," and any other City official or body as specifically identified.
SS2-429
Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residential Zoning Districts General Development Standards.
Table 2-2
Bluff edge setback As provided in Section 20.28.040 (Bluff (B) Overlay District). See also Section 21.28.040
SS2-430
Chapter 20.20
COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
Table 2-4
Take -Out Service —Fast -Casual (up to 20 seats) La(2)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48. 090
Alcohol Sales (off -sale) (with late hours) (1)
CUP
CUP
CUP
CUP
Section 20.48.030
_(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of anv residential zoning district.
b. Except as provided in (2)(a), aA minor use permit shall be required for any use located within five
hundred (500) feet, prepeFty IiR^ to ^F^^^Fty IiR of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Table 2-5
Take -Out Service —Fast -Casual (up to 20
seats) (1) (2)
P/MUP
P/MUP
P/MUP P/MUP P/MUP
P/MUP Section
20.48.090
Alcohol Sales (off -sale) (with late hours) (1)
CUP
CUP
I CUP I CUP I CUP
I CUP Section
20.48.030
(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), Aa minor use permit shall be required for any use located within five
hundred (500) feet, pFepeFty line to pFepeFty IiR^ of any residential zoning district.
cla. A minor use permit shall be required for any use that maintains late hours.
SS2-431
Chapter 20.22
MIXED -USE ZONING DISTRICTS (MU-V, MU-DW„MU-CV/15T" ST., MU-W1, MU-W2)
20.22.020 Mixed -Use Zoning Districts Land Uses and Permit Requirements.
Table 2-8
Take -Out Service —Fast -Casual (up to 20 seats) L4L(5)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Alcohol Sales (off -sale) (with late hours) (4)
CUP
CUP
Chu
Section 20.48.030
(5) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (5)(a), aA minor use permit shall be required for any use located within five
hundred (500) feet, prepeFty line to ^F^^^Fty ^^, of any residential zoning district.
cla. A minor use permit shall be required for any use that maintains late hours.
Table 2-9
Take -Out Service —Fast -Casual (up to 20 seats) (3)(4) P/MUP P/MUP ISection 20.48.090
(4) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in 4(a), Aa minor use permit shall be required for any use located within five
hundred (500) feet, prapeFty IiR^ W pmpeFty 4p^, of any residential zoning district.
c.b. A minor use permit shall be required for any use that maintains late hours.
SS2-432
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, H)
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
B 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of
the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to
be acceptable and consistent with the provisions of the Cal.i#eAia Gov.eFRMeRt Code.
20.28.040 Bluff (B) Overlay District.
D. Location of Development Areas. The development areas are listed below and depicted in the
referenced map exhibits adopted in Part 8 of this title. The placement of structures and grading is limited
by development areas as defined in this section and in subsection (C) of this section. The development
areas for each parcel are polygons established by the property lines and the following development lines.
(See Map Exhibits B-1 thF ugh B Q aattaehed to the A,rdinam a ee-difie - in thus title.) All contour lines refer
to NAVD-88 contours.
1a. Kings Place (104-112 and 204-224).
ai. Development Area A. Between the front property line adjacent to Kings Place and the development
line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb
adjacent to the lot.
bii. Development Area C. All portions of the lot not located in Area A.
2-b. Kings Place (116-200).
ai. Development Area A. As indicated by the specified distance (in feet) from the front property line on
the development area map.
bii. Development Area B. All portions of the lot not located in Area A or C.
ciii. Development Area C. Between the down slope boundary of Area A and a development line
established at the twenty-six (26) foot contour line.
div. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory
structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed
four hundred (400) square feet (cumulative) in area shall be allowed in Area B.
SS2-433
SS2-434
■ 1 1 1 I
1 1
• I 1 1
I • 1 1
eA-At@Ur I i A
■mi-TYMME ISM ISM1 1 •
SS2-435
V Ar-le-litienal Development Standards. Structure height may not exceed the fifty twe (52) feet centeur
A P-. V'l7TCTTCC JZ7T;.vaIRTU I Trea
SS2-436
r further I .,.J..,@r.J• and
Ensure that the structures safe frem h.a-;,-a.rrd-,; rdUe W erE)sienal
facters fer the ecenernae
-h. principal -are
Iif.,.,f+h.,hU il.di.,r.
All .,f the fellr,, iRg fi.,diRg< Shall also be .,•,arlo•
The imcre.mred- develepmeRt are iuvill a slepe stability �aeteF
,
ef safety thaR er equal
-A. -hl---ff -pi
greater
thap A-F te 1.1 feF the rcelpd-iltieln A-f the
AGIF r---;;RYE)R, is farther
safety gmate.r equal seli-similic, -h"-'ff
!2f fd;
whichever
or-.,r,.,m*r- I*fp Af+h J I , . . tdevelepment;
and
d— The develepment I.A.fall not have impact
habitat
.*nr--rp--;;,-;P-d- -hl---ff an en public
views er sensitive
SS2-437
Chapter 20.30
PROPERTY DEVELOPMENT STANDARDS
20.30.120 Solid Waste and Recyclable Materials Storage.
Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material
storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Cal.
Pub. Resources Code Section 42900) and Chapter 6.04 and Chapter 6.06.
SS2-438
Chapter 20.32
DENSITY BONUS
20.32.020 Definitions.
L. "Lower -income student" means a student who has a household income and asset level that does not
exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed.n Code Section
69432.7(k)(1). The eligibility of a student to occupy a unit for lower -income students under this section
shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher
education in which the student is enrolled or by the California Student Aid Commission that the student
receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or
university, the California Student Aid Commission, or the federal government.
O. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete. The following shall not constitute a specific, adverse impact
upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation,
or (2) the eligibility to claim a welfare exemption under Cal. Rev. & Tax. Code s ubdivisien (g of Section 214
.(G) A-f the Revenue ;and- Tawatien Cede.
20.32.030 Eligibility for Density Bonus and Incentives.
A 8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12�����e
S^rztiORS 51 2 ^Al 91.1 2, that has at least thirty-five (35) dwelling units or a mobile home park that limits
residency based on age requirements for housing older persons in compliance with Cal. Civ. Code Section
798.76 or 799.5 Civil Cede section :704 7-G ^. 7-995
20.32.050 Allowed Density Bonuses.
C 4. Priority for the affordable units shall be given to lower -income students experiencing homelessness.
A homeless service provider, as defined in Cal. Health & Saf. Code paragraph (3) ^f subdivisie^ (e) ^f
Section 103577 3 e ^f t- lehe u^ni+h and Safety r-^^'^, or institution of higher education that has knowledge
of a person's homeless status may verify a person's status as homeless for purposes of this subsection.
20.32.060 Parking Requirements in Density Bonus Projects.
B 3 b. The housing development is a for -rent housing development for individuals who are sixty-two (62)
years of age or older that meet the definition in Cal. Civ. Code Sections 51.2 and 51.3_ ^f *h^ Cowl C and
the housing development has either paratransit service or unobstructed access within one-half mile of a
fixed bus route that operates at least eighth times per day; or
B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health
& Saf. Code Section 51312 ^f rh., u -,I+h and Safety Gor supportive housing development as defined
in Cal. Health & Saf. Code Section 50675.14 ^f the Health and Safety Cand the housing development
has either paratransit service or unobstructed access within one-half mile of a fixed bus route that
operates at least eighth times per day.
SS2-439
20.32.130 Continued Availability.
B 1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal.
Health &ate Safety Code Section 50053; and
B 2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as
defined in Cal. Health &ate Safety Code Section 50052.5.
20.32.140 Occupancy and Resale of Ownership Units.
A 1. The unit is initially occupied by a very low-, low-, or moderate -income household, offered at an
affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5 ^f the Health and Safety
Code, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section
501(c)(3) and has received a welfare exemption under Cal. Rev.nue-and& Tax.a#an Code Section 214.15
for properties intended to be sold to low-income households who participate in a special no -interest loan
program;
B 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall
then be used within five (5) years for any of the purposes described in Cal. Health & afA-Saf.ety Code
Section 33334.2(e) that promote home ownership. For the purposes of this section:
SS2-440
Stia pc
�RZ1vTr:T
2s.2a vie PuFpese.
:18.24.020 Exempt -ions.
29.34.9=5A Replapement of Affordable Housin
:18.AA.060 net.....«:..:..g oegUwFeFAent,• fe.- oenlaGement I In:tc
:10 24 070 Feasibility Analyses.
20.34.9-9 Ad.R:n:ItFa_ tien a...J 9e-,e:L.:l:t„ A n a 1 y s s Fee,•.
2/e��.3^A.QQQ C:n,d:n,,,• to r'Annlss,de that Replacement of I In:t,• :9 Nlet Feasible
702A n1n PuFpeoe
ThenuFpese of this chapter is re•
aprel
20 2A 01.20 Annl:,-ah:l:ty
a
afferdable
• n
UR
efeleveR (11) er mere dwelling units lecated- in tvve er mere ), as Plefined Health ;;Ad Safety Code Sect�Gll 50093, when either A-f the felleWiRg eGGUFS�
B. The ceRve."_.me.n elc ef three elc rnelce dwelling UR4S In-c-Ated in ene structure.
202A n2n Exemptions.
Then of this- chapter shall net ply to the felleWin.,•
public nuisance in compliance I.A.fit.h. the PFOV*S*GRS ef He_alth and Safety Code Division 13 (cemmencing
I. Seetip 1:7000) eF any City erdinance enacted pUrSUaRt te these previsiens shall he exempt from the
SS2-441
..
ilil
- ----11 - - -- -- - MIND ---- ---
-- - - -- - -- -- -- -- ---- ---
of , ._.
-aill.
ml
-- -- I- -- Ma -ON Mal -- -MlMa--
ma'. -- - - -- -
Mall, Ma MINOR
SS2-442
thirty
:10 24 060 neterrr.ining Requirements
Fes Replacement
I IRO s
dwelling
*-.h.(-- te
these
in
the
units euFFently exi-st _A.AMGJ
this ehapt. T
Q 'Afer., alien to Be DreVided
Reed FePlace
unit-s cemplianee
with FequiFements
ef
2. of the p .,rt..•
.
b. T$t;I Pmht-r ..f e..iSARgURitSj
G. IrGeMe of th., t.,r,-,r,ts•
,
a. o aai c �oo�a e
Square feetag and number
e. Alamos -,.,,_ addreSse of current
f. Te.n.apt family sizeOR
R I.,fermatie., e any ictie.,s
h. �.A.(h,_at_,hp_,r thp-Irp- rEmUrrently
of bebreems per
tenaRtS•
i.,ithan the last
aRy vacant units
unit;
"ear•, and
and hew
leng they have been
vacant.
.;4rk--
regarrlir r the in st-it--s -Arnrl
C EV .-tie Af:rQ .,ts
he ehel.d size
of G irrent
tenants
f9f If-);.A.f A M.A_d_P_,r_AtP_ incerne if the
family
fFenq the
dwelling
npe
-Mr
te the filing ef an applicatien
persen er
te cenvert
v.f_as evicted-
A-,r rdlpemnellosh
subjeGt
the unit and
unit
the Pevictien was
vv*thin
fer th
year prier
puFpese f eisling the r
nts of this chapter
mif
structure, thp- Shall be
presumed te h-ave
been
for the purpose ef aveiding
the requirements
ef
SS2-443
this chapter the for the cenversioR
deFnOlitiOR
bear the burden
of that the
and applicaRt
eviEt;eRS Were e+ fer the p6iFpese of eidiRg
or
the r
shall
RtS of this ehapter,
preViRg
a
n
the Dmreete.r has
determiped that resiffidelAtial OiS Re IeRgeF
ip that lecat�eR, the
and
F-)ffiPP-C-#A-r shall require
-A Use
702A 07l1 Feasibility Anal..,:
. C.,@rihility Analysis Required
0
feasibility be
tE)
beiRg
fE)F the
ndependent aRalySiS Shall prepared
prier
aRy apprevals
gFaRted pFE)pesed
Q Pea-sihili+" of DeelaCiRg Afferdable I Ri+S
I.0
If the feasibility determines that
it is feasihlp
te the
- -Pit the
@R@IySiS
net
eplaee affe-Felable
the
analysis
,
the W-th sitee
A site.G PeaSibolity ARalySiS PrepaPatieR. The feasibility
pFE)ViSiqR of
be by
units en and
independent fir.m.
direr-AieR the Department. The
analysis
firm have
shall prepared aR
und-e-F
in the
ef selected-
shall
ReUtFal
to the
prep@F@tieR ef rea4
feasibility
+her en+s of this Ghan+er
unbiased,the
GpiRieR as
of cernply*Rg
r
er,+ -n.J Shall he used- to , r the rer-+ of n
70 24 lIOA C:n.l:nrrc to Conel de that Replacement
in n-FfdP-F tc-) that the A-f
g the feasibility
of Units
dwelling
a alysi.
is Ble+ Feasible
as nA-t fp--;;,-;*-hlp-
the
replacement
shall first find -AII Of the felle,.rieg:
A. The- feasibility an
affe-rdable
units
review authority
the facts
aRalysis was prepared
a prefesi-sie-Ral
-and appropriate manner,
and and
SS2-444
SS2-445
Chapter 20.42
SIGN STANDARDS
20.42.030 General Provisions.
F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other
than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as
of the date on which this provision was first adopted. The City adopts this policy in compliance with
Galif GevemmentCal. Gov. Code Section 65850 and Cal. a Bus. aness and& Prof.essaeRs Code
Sections 5354(a) and 5408.3-0aeth effeetive january 1, 200-34. Permits shall not be issued for billboards
that violate this policy, and the City will take immediate abatement action against billboards constructed
or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this
billboard policy even if it were the only provision in this chapter. The Council intends for this billboard
policy to be severable and separately enforceable even if other provisions of this chapter may be declared,
by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does
not prohibit agreements to relocate existing, legal billboards, as encouraged by Cal. Bus.iness,—ana&
Prof.essae;s Code Section 5412.
SS2-446
Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
20.48.030 Alcohol Sales.
C 2 b ii. A pattern of documented violations of the permit conditions, this Zoning Code, the M61ROGipalthis
Code, the Cal. Pen.a4 Code, or other State statutes; or
20.48.060 Bed and Breakfast Inns.
A 3. Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance
with Cal. Bus.iness &ate Prof.ess;ens Code Section 24045.12, a bed and breakfast inn may sell alcohol to
registered guests only; provided, that the establishment has an approved ABC License Type 80 (Special
On -Sale General B and B license).
20.48.090 Eating and Drinking Establishments.
G 2 b i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal
Code, the Cal. Pen.ai Code, or other State statutes; or
20.48.100 Emergency Shelters.
This section provides standards for the establishment and operation of emergency shelters in compliance
with Cal. Gov.emment Code Section 65583.
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory
dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in
CalmfArnia—Cal. Gov.eFRFneRt Code Sections 65852.2 and 65852.22, OF aRY SUGGessGr statUte, in areas
designated for residential use, including as part of a planned community development plan or specific
plan, and to provide development standards to ensure the orderly development of these units in
appropriate areas of the City.
B 4. Required to correct legally established nonconforming zoning condition(s), building code violation(s),
and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are
not affected by the construction of the accessory dwelling unit orjunior accessory dwelling unit. This does
not prevent the City from enforcing compliance with applicable building standards in accordance with
CalmfArpia Cal. Health &ate Safety Code Section 17980.12.
F 3 c iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi-
unit dwelling that is located within one -half -mile walking distance of a major transit stop or high -quality
transit corridor, as those terms are defined in Seetien 21195 of the Cal. Pub.4e Resources Code Section
21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted
to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the
primary unit.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on
residential or mixed -use properties that are determined to be historic shall be approved ministerially, in
conformance with Q,"tea-Cal. GeYeFnweRt Gov. Code Sections 65852.2 and 65852.22. However, any
SS2-447
accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic
Resources shall meet all Secretary of the Interior Standards, as applicable.
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and urban lot splits as
required pursuant to California Cal. Gov.eFRMeRR Code Sections 65852.21 and 66411.7,
she. This section shall sunset automatically without action of the City in the event Gala -Cal.
GOv.eFRFReRt Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.
B. 3 c Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis
Act (Cal. Gov. ;t Code Sections 7060 through 7060.7) to withdraw accommodations from rent
or lease within fifteen (15) years before the date that the development proponent submits an application.
B. 3 d Historic Resource. The development is located within a historic district or property included on the
State Historic Resources Inventory, as defined in Seetien 50204 A-f the r"I a -Cal. Pub.4e Resources
Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
B. 3 e Environmental Resource or Hazard. As specified in m^.r^ detail ;p s uh.,,-,.--,..Faphs (B) t (K)
Cal. GoveFRPReRt Code Section 65913.4, the development is located
on a lot that is any of the following:
B. 4 b i One-half mile walking distance of a high -quality transit corridor, as defined in
Sectien 21155 of the Cal. Pub.4e Resources Code Section 21155;
B. 4 b ii One-half mile walking distance of a major transit stop, as defined in Seet;G^ 2 064 R ^f the Cal.
Pub.4e Resources Code Section 21064.3; or
B. 4 m Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may
deny an application for an SB 9 housing development if the Director makes written finding(s), based upon
a preponderance of the evidence, that the development would have a specific, adverse impact, as defined
and determined in paragraph (2) ^f ;- h.Jaykien (d) of Cal. Gov.Gevernment Code Section 65589.5, upon
the public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
B. 5 g Owner -Occupancy. The owner of the lot proposed for an urban lot split shall comply with the
requirements provided herein and sign an affidavit stating that the owner intends to occupy one of the
housing units as their principal residence for a minimum of three years from the date of the final,
recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in
Cal. Rev.enee
&a-nd Tax.atien Code Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in
Seetien 2 ^.'; ^f the Cal. Rev.enue &and Tax.atien Code Section 214.15.
20.48.230 Tattoo Establishments.
B. 3 Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo
establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control requirements of the Newp rt Bach
Municipal Cede this Code.
SS2-448
Chapter 20.49
WIRELESS TELECOMMUNICATIONS FACILITIES
20.49.020 Effect of Chapter.
B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to
installation or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit
(MUP), Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance
with Section 20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an
encroachment permit, if required) for any telecom facility approved to be located on any City -owned
property or City -held trust property, shall enter into an agreement prepared and executed by the City
Manager er his ^" "^.r designee prior to installation of the facility, consistent with Section 20.49.080
(Agreement for Use of City -Owned or City -Held Trust Property).
E 2. Requirements established by any other provision of thise MunaeapakCode and by any other ordinance
and regulation of the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved
prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does
not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal
nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any
conditions of approval in effect at the time the facility was approved, and any regulations pertaining to
legal, nonconforming uses or structures that may be applicable pursuant to provisions of the Munaeapalthis
Code or f-Pederal and State laws as they may be amended or enacted, in the future.
20.49.030 Definitions.
S. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of
supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna
system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the
California Public Utilities Commission on a water tower, utility tower, street light, or other structures built
or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the
FCC, including any structure installed pursuant to Galifernia Cal. Pub.4e Util.Ay Code Section 7901, is not
a wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard
which is replaced with a new street light standard to permit the addition of antennas shall not be
considered a wireless tower, but rather a replacement street light standard.
20.49.050 General Development and Design Standards.
F. 3 b New or replacement vertical structures may be allowed when authorized by the M nicipalthis Code
and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with
the size, shape, style, and design of the existing pole, including any attached light arms. New poles or
streetlights may be installed, provided they match existing or planned poles within t#ethe area.
F. 6 b i Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the
support equipment shall be placed underground if required by other provisions of thise Ml Code.
Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more
than twenty-four (24) inches above the finished grade and are screened from public view may be
SS2-449
incorporated. Electrical meters required for the purpose of providing power for the proposed telecom
facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable
standards of Title 13 unless otherwise precluded by the M RiGipa this Code.
J. 2 All graffiti on any components of the telecom facility shall be removed promptly in accordance with
thise MURiGipakCode.
20.49.060 Permit Review Procedures.
B. Installations in the Public Right -of -Way. All telecom facilities proposed to be located in the public right-
of-way shall comply with the provisions of the Munieipa this Code including but not limited to the
provisions of Title 13 as it may be amended from time to time.
C. Application Submission Requirements for Telecom Facilities on City -Owned or City -Held Trust
Properties. Prior to the submittal for any application for any facility located on any City -owned property or
City -held trust property, the applicant shall first obtain written consent to the application from the City
Manager ^r his ^r her desigR^^
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and
consistent with Galifernia—Cal. Gov,eFRPReRt Code Section 65850.6 (aS aFReRded or supersed , the
addition of a new facility to an existing facility resulting in the establishment of a collocated telecom facility
shall be allowed without discretionary review if it complies with Section 20.49.090. If a collocated telecom
facility does not satisfy all of the requirements of Cal. Gov_eMmeRt Code Section 65850.6 and Section
20.49.090, the facility shall be reviewed pursuant the review procedures provided in Table 4-1.
F. Emergency Communications Review. At the time an application is submitted to the Community
Development Department, a copy of the plans, map, and emission standards shall be sent to the Police
Chief of the ni,,,.,pon Beach o^I,,.^ Depar*.,.,^^+. The Police Depa.-r., entPolice Chief ^r its deSi R shall
review the plan's potential conflict with emergency communications. The review may include a pre -
installation test of the telecom facility to determine if any interference exists. If the Police Department
determines that the proposal has a high probability that the facility will interfere with emergency
communications devices, the applicant shall work with the Police Department to avoid interference.
20.49.080 Agreement for Use of City -Owned or City -Held Trust Property.
In applying for a permit pursuant to this chapter, all telecom facilities located on City -owned or City -held
trust property shall require a license agreement approved as to form by the City Attorney, and as to
substance (including, but not limited to, compensation, term, insurance requirements, bonding
requirements, and hold harmless provisions) by the City Manager, consistent with provisions of toe
Mun+e+palthis Code and any applicable provisions of the City Council Policy Manual.
SS2-450
Chapter 20.50
PERMIT APPLICATION FILING AND PROCESSING
20.50.020 Authority for Land Use and Zoning Decisions.
Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making
decisions on each type of application required by this Zoning Code.
TABLE 5-1
REVIEW AUTHORITY
Role of Review Authority (1)
Applicable Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Administrative and Legislative
Interpretations
Section
Determination
Appeal
Appeal
20.12.020
(3)
Planned
Chapter 20.56
Recommend
Decision
Communities
Specific Plans
Chapter 20.58
II
u I
Recommend
Decision
Zoning Code
Chapter 20.66
Recommend
Decision
Amendments
Zoning Map
Chapter 20.66
Recommend
Decision
Amendments
Permits and Approvals
Affordable
Chapter 20.32
Decision
Appeal/Decision
Appeal/Decision
Housing
(3)(4)
(4)
(4)
Implementation
Plan
Comprehensive
Decision (3)
Appeal
Sign Program
Conditional Use
Section
Decision
Appeal
Permits
20.52.020
SS2-451
TABLE 5-1
REVIEW AUTHORITY
lApplicable
Role of Review Authority (1)
Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Conditional Use
Section
Decision
Appeal
Permits—
20.52.030
Residential
Zones HO
Heritage Sign
Decision
Appeal
Innovative Sign
Decision
Appeal
Program
Limited Term
Section
Decision (3)
Appeal
Appeal
Permits
20.52.040
Minor Use
Section
Decision (3)
Appeal
Appeal
Permits
20.52.020
Modification
Section
Decision (3)
Appeal
Appeal
Permits
20.52.050
Planned
Section
Decision
Appeal
Development
20.52.060
Permits
Reasonable
Section
Decision
Appeal
Accommodations
20.52.070
Sign Permits
Chapter 20.42
Determination
Appeal
Appeal
(3)
Site
Section
Decision (3)
Decision
Appeal
Development
20.52.080
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
SS2-452
TABLE 5-1
REVIEW AUTHORITY
IApplicable
Role of Review Authority (1)
Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Variances
Section
Decision
Appeal
20.52.090
Zoning
Section
Determination
Appeal
Appeal
Clearances
20.52.100
(3)
Notes:
(1) "Recommend" means that the Commission makes a recommendation to the Council;
"Determination" and "Decision" mean that the review authority makes the final determination or
decision on the matter; "Appeal" means that the review authority may consider and decide upon
appeals to the decision of a previous decision -making body, in compliance with Chapter 20.64 (Appeals).
(2) The Council is the final review authority for all applications in the City.
(3) The Director or Zoning Administrator may defer action and refer the request to the Commission for
consideration and final action.
(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking
reductions. The Planning Commission shall be the initial review authority for concessions, incentives and
waivers. The City Council shall be the review authority for any financial incentive or fee waiver.
SS2-453
Chapter 20.52
PERMIT REVIEW PROCEDURES
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant
density bonuses, concessions, incentives, and development standard waivers in compliance with Cal.
Gov.eFRFAeRt Code Section 65915 et seq. and Chapter 20.32.
20.52.040 Limited Term Permits.
G. 5 The limited duration use is consistent with all applicable provisions of the General Plan, any applicable
specific plan, the M nicipalthis Code, and other City regulations.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited
term permit is contingent upon compliance with applicable provisions of thise ��Code and the
successful granting of all required permits from any other department or governing agency; and
SS2-454
Chapter 20.60
ADMINISTRATIVE RESPONSIBILITY
Sections:
20.60.010
Purpose.
20.60.020
City Council.
20.60.030
Planning Commission.
20.60.040
Hearing Officer.
20.60.050
Zoning Administrator.
20.60.060
Fanning DiFed^"Community Development Director.
20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning
Commission, Hearing Officer, Zoning Administrator, and °ego;; Bete; Community Development
Director in the administration of this Zoning Code.
20.60.020 City Council.
B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it
deems necessary to implement the General Plan and thise "Code standards that apply to
development and to further the public health, safety, and general welfare of the community.
20.60.030 Planning Commission.
B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law,
the City Charter, and thine Municipal Code, including the following:
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions
it deems necessary to implement the General Plan and thise MURie+pal Code standards that apply to
development and to further the public health, safety, and general welfare of the community.
20.60.040 Hearing Officer.
C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose
conditions deemed necessary to implement the General Plan and thine MuRicipalCode's standards that
apply to development and to further the public health, safety, and general welfare of the community.
20.60.050 Zoning Administrator.
B. 1 The Zoning Administrator shall have the authority to investigate and make decisions on the
applications identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and thise
MuniGipakCode as well as the following:
SS2-455
C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose
conditions it deems necessary to implement the General Plan and thise MuniGipakCode's standards that
apply to development and to further the public health, safety, and general welfare of the community.
20.60.060 Planning DiFeGA^"Community Development Director.
SS2-456
Chapter 20.64
APPEALS
20.64.030 Filing and Processing of Appeals and Calls for Review.
B. 1 Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City
Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered
unless a different period of time is specified by the M RiGipa' this Code (e.g., Title 19 allows ten (10) day
appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
SS2-457
Chapter 20.70
DEFINITIONS
20.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Zoning Code that are technical or
specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions
in other provisions of the MURiewpalthis Code, these definitions shall control for the purposes of this Zoning
Code. If a word is not defined in this part, or elsewhere in this Zoning Code, the most common dictionary
definition is presumed to be correct.
20.70.020 Definitions of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Ca1°�Ra Cal. Health &ate
Safety Code Section 50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Q'OfArpia-Cal. Health aPA-& Saf.ety
Code Section 50053.
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following
characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises
where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and
wine —package store) or License Type 21 (off -sale general —package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display
area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use.
Illustrative examples include eenyeRieRee markets, drug stores, grocery stores, and supermarkets,
but do not include convenience markets.
a change ef A- residential dwelling, including a mobile herne, te ce-Inde-Irniniurn, ceeperative, er similar
•
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for
domestic or commercial purposes but kept for display. Includes an animal that may be imported,
transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as
required in 14 CCR California Ca' Gede of o, gul- tie.nS Title 1 4Section 671 (Importation, Transportation
and Possession of Live Restricted Animals).
"Area median income" means the median income, adjusted for family size, applicable to Orange County,
established by the U.S. Department of Housing and Urban Development, and published annually by the
California Department of Community Development in the 25 Calif rnia Cede f Q,,,.ulatiens Tilde 25 CCR
Section 6932 (eF its sueeesseF pFevisien).
SS2-458
"California Environmental Quality Act (CEQA)" means a State law (California Cal. Pub.4e Resources Code
Section 21000 et seq.).
"Condominium" means a form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common with
other owners. Includes a condominium project, community apartment project, or stock cooperative, as
defined in C_al*f^rA;-, Givi Cal. Civ. Code Section 1351.
"Demolition" means:
net bee.p declared te be a lawlalie nuisance updle.r Wealth -;;Ad- Safety Cede Seetien 1:7000 et seq. eF 6indeF
this ZeRiRg !.A-d- , Aar th., NAB ROGipal C=G d.
2. Per the-pUFpQse other sest+ensefthisZening Cede, _the deliberate removal or destruction of
the frame or foundation of a portion of a structure.
"Director" means the City of Newport Beach Dlanning ^ir^Community Development Director or a duly
designated representative of the Director, referred to as the "Director."
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from,
or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling
unit also includes the following:
1. An efficiency unit, as defined in S^Cti^^ 179SR 1 Af+he Cal. Health &a+Rd Safety Code Section
2. A manufactured home, as defined in S^e*i^^ 19007 Af the Cal. Health &a+Rd Safety Code
Section 18007,
"Emergency shelter (land use)" means, as defined in Cal. Health &a+�d Saf.ety Code Section 50801(e), a
facility with minimal supportive services for homeless persons.
"Explosives" means a substance defined as an explosive by Cal. Health ate& Safe%-Saf. Code Section
12000 et seq., and for which a permit is required by the Cal. Health_-a+�d& Safety Code. See also
"Hazardous materials."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter
2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.ernmenR Code
Section 66410 et seq.), that is used to complete the subdivision of five (for more lots. See also "Parcel
map" and "Tentative map."
"General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted
by the City Council under the provisions of Cal. Gov_R Code Section 65300 et seq., and referred to
in this Zoning Code as the "General Plan"
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov.eFnmenR Code Section
66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent
SS2-459
lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than
originally existed.
"Municipal Code" means the Newport Beach Municipal Code of the City of Newport Beach, as amended.
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal.
GOv.R Code Section 66410 et seq.), which is required to complete a subdivision of four for fewer
lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
Parolee -Probationer. A parolee -probationer includes: (a) any individual who has been convicted of a
federal crime, sentenced to a United States prison, and received conditional and revocable release in the
community under the supervision of a federal parole officer; (b) any individual who has served a term of
imprisonment in a State prison and who is serving a period of supervised community custody, as defined
in Cal. Pen.a4 Code Section 3000, and is under the jurisdiction of the California Department of Corrections,
Parole and Community Services Division; (c) an adult orjuvenile sentenced to a term in the California Youth
Authority and who has received conditional and revocable release in the community under the supervision
of a Youth Authority Parole Officer; or (d) any individual who has been convicted of a felony, sentenced to
any correctional facility, including County correctional facilities, and is under the jurisdiction of any
federal, State, or County parole or probation officer. For the purposes of this definition, "felony" means
a felony as defined by any California or United States statute.
"Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation,
fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the
beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or
reclaimed and which were subject to the public trust at any time (14 CCR Califemia Section 13577). See
"Submerged lands" and "Tidelands."
"SB 9 housing development (land use)" means a residential development that contains two new dwelling
units or proposes to add one new dwelling unit on a lot designated for single-family residential use with
one existing dwelling unit, pursuant to r-al;f„Mi-A r_,,,,o ,, o.,+Cal. Gov. Code Section 65852.21 or any
sueeessaF statute.
"Senior citizen housing development" means a residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older)
that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.4 Code Section 51.3(b)(4).
"Specific plan" means, under Cal. Gov.eFRFneRt Code Section 65450 et seq., a policy statement and
implementation tool adopted by the City Council that addresses a single project or planning problem. A
specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may
be necessary or convenient for the systematic implementation of a General Plan element(s).
"Subdivision Map Act" means Division 2, Title 7 of the Calife-Fria Govern.,.eRtCal. Gov. Code, commencing
with Section 66410, as amended, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (frem14 C_alifA_.rPi, -Cal Cede of
RegulansRe�s.,CCR Section 13577). See "Public trust lands"
SS2-460
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target
population, as defined by S^eti^^ 53260(d) of the Q'if^rnia Cal. Health &ate Safety Code Section
53260(d), and that is linked to on -site or off -site services that assist the tenant to retain the housing,
improve his or her health status, maximize their ability to live and, when possible, to work in the
community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group
residential, parolee -probationer home, residential care facilities, or boarding house uses shall be
permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-
family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding
house uses under this code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal.
GOv.er�;meRt Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the
details that must be provided before approval of a final map. See also "Final map" and "Parcel map."
"Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 404:R
rai;fermia Cal r-,,,- „f o „lati ns o^^s.CCR Section 13577). See "Public trust lands."
"Urban lot splits (land use)" means the subdivision of an existing, legally subdivided lot intended for single-
family residential use to create one new additional lot, pursuant to CalifeMia Cal. GeveFnnqent Gov. Code
Section 66411.7 OF aRY sweeesseF statute.
Visitor Accommodations (Land Use).
2. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient
guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls.
Related accessory uses may include conference and meeting rooms, restaurants, bars, and
recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation
(i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as
extended stay hotels. A hotel operates subject to taxation under Cal. Rev.enue aeti& Tax.atien
Code Section 7280.
3. "Motel" means an establishment that provides guest rooms for a fee to transient guests for
sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a
hotel primarily by direct independent access to, and adjoining parking for, each guest room. A
motel operates subject to taxation under Cal. Rev.eRwe ate& rTax. Code Section 7280.
SS2-461
Chapter 20.80
MAPS
20.80.020 Bluff overlay.
Bluff Overlay, Development Area Maps (Section 20.28.040):
B-1— Kings Place (PDF)
B 2 !Fyine T-e r-c^rEe — n Iphin T. a IonF)
��9sG Beul d / Qr k (PDF)
ea��ev-aT-�,—oTea,�e�-s����,-,
7 ., R — Shreeliffs (PDF)
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SS2-462
Chapter 20.90
SANTA ANA HEIGHTS SPECIFIC PLAN
20.90.040 Land Use Regulations.
D. 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels,
motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise,
which shall be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five
(45) dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living
areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to
exceed a standard of sixty-five (65) dB CNEL. Prior to the issuance of any building permits for such
development, an acoustical analysis report describing the sound attenuation measures required to satisfy
the noise standards shall be prepared by a City -approved acoustical consultant and submitted to the
BUOI IORg Dir^,.+^rCommunity Development Director for approval. The report shall include satisfactory
evidence indicating that the sound attenuation measures have been incorporated into the design of the
project.
2. All nonresidential structures shall be sound attenuated against the combined impact of all present and
projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General
Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City -approved
acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning
regulations shall be submitted to the B ildi^^ Dire Community Development Director in the form of an
acoustical analysis report describing in detail the exterior noise environment and the acoustical design
features required to achieve the interior noise standard and which indicate that the sound attenuation
measures specified have been incorporated into the design of the project.
3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface
pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the
Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA.
Upon completion of the FAAAeronautical Study, the project applicant shall submit evidence to the BU
ildiRg
D;recterCommunity Development Director that restrictions and conditions, if any, imposed on the project
by the FAA have been incorporated into the design of the project.
4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the
project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs
Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency"
as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications
requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or
condominium conversions. Such projects shall not include minor modifications, such as remodels and
additions to single-family dwelling units with no intensification of development.
20.90.050 Open Space and Recreation District: SP-7 (OSR).
C 5. Any other accessory use or structure which the Dlanning Dire Community Development Director
finds consistent with the purpose and intent of this district.
2.90.060 Residential Equestrian District: SP-7 (REQ).
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D 9 Any other accessory use or structure which the DlanniRg Dore +^ Community Development Director
finds consistent with the purpose and intent of this District.
20.90.070 Residential Kennel District: SP-7 (RK).
D 9. Any other accessory use or structure which the DlaRRiR^ Dire Community Development Director
finds consistent with the purpose and intent of this district.
F. 4 b iii Within those areas where fences and walls are limited to a maximum height of three and one-half
3 % feet per t#,-this Munie+pal Code.
G. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a
commercial kennel may be approved administratively by the DlaRRin^ DiFe ^Community Development
Director, and shall not require an acoustical analysis report per subsection (G)(2) of this section if all of the
following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10)
percent from that shown on the current plot plan;
b. The proposed change does not increase the number of dog runs from that shown on the
current plot plan;
c. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet
supplies, training classes) allowed by the current permit and does not provide for any additional
accessory uses;
d. The proposed change is consistent with the setback standards for kennel facilities as set out
in subsection (F) of this section; and
e. The proposed change satisfies the required findings for use permits in Part 5 of this title.
2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a
use permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise
generating potential of the proposed project and proposed attenuation measures to assure compliance
with Chapter 10.26 (Community Noise Control). The report shall be prepared by a City -approved acoustical
consultant and submitted to the BUOI IOR Dore *^ Community Development Director for review and
approval. The approved attenuation features shall be incorporated into the plans and specifications of the
project.
20.90.080 Residential Single -Family District: SP-7 (RSF).
D 7 a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds
and not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards:
pens, cages, and other structures specifically for the keeping of animals other than in the residence shall
be located at least twenty-five (25) feet from any residential window located on an adjoining building site.
Exceptions to the above may be provided for by a use permit approved by the Wang
DiFeeteFCommunity Development Director.
b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian
District (REQ); provided, that no horse shall be permitted on a building site containing less than ten
SS2-464
thousand (10,000) square feet of land area, and pens, cages, and other structures specifically for the
keeping of horses shall be located at least fifty (50) feet from any residential window located on an
adjoining building site. One or two adult horses are permitted on a building site containing between ten
thousand (10,000) and fifteen thousand (15,000) square feet of land area. One additional adult horse may
be kept for each additional ten thousand (10,000) square feet, with a maximum of sixes horses on any
one building site. The offspring of such animals shall be considered adults when eighth months old.
Exceptions to the above may be provided for via a use permit approved by the Planning
DiFeeteFCommunity Development Director.
D 9. Any other accessory use or structure which the Dlanning Dore Community Development Director
finds consistent with the purpose and intent of this district.
20.90.090 Residential Multiple -Family District: SP-7 (RMF).
D 7. Any other accessory use or structure which the DlaRRiRg Dire *^ Community Development Director
finds consistent with the purpose and intent of this district.
20.90.100 Horticultural Nursery District: SP-7 (HN).
D 4. Any other accessory uses or structures which the DIaRRiRg DirecterCommunity Development
Director finds consistent with the purpose and intent of this district.
20.90.110 General Commercial District: SP-7 (GC).
D 4. Any other accessory uses or structures which the DIaRRiRg DireeterCommunity Development
Director finds consistent with the purpose and intent of this district.
F 11 a v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants.
They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of
two feet within eighteen (18) months after initial installation. Permanent watering facilities shall be
provided. If, eighteen (18) months after installation, plant materials have not formed an opaque screen or
if an opaque screen is not maintained, the PlaRning DirecterCommunity Development Director shall
require that either walls, berms, or a solid fence be installed.
20.90.120 Business Park District: SP-7 (BP).
C 2. The following additional temporary uses are permitted subject to approval of a limited term permit
per Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary
structures directly associated with these uses, in compliance with the site development standards
identified below. A cash bond in the amount of five hundred dollars ($500.00) for each temporary
structure shall be posted with the Dlanning DirecterCommunity Development Director to
guarantee the removal of each temporary structure upon the expiration of the use permit.
b. Commercial coaches serving as temporary office space. A cash bond in the amount of five
hundred dollars ($500.00) for each commercial coach unit shall be posted with the PlanniRg
O;FeCtE)FCommunity Development Director to guarantee the removal of each commercial coach
unit upon expiration of the use permit.
SS2-465
c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a
minor use permit. Such building site shall conform with the parking requirements and site
development standards contained in Chapter 20.40 and the site development standards contained
in this section.
d. Any other uses which the DlanniR^ Dore Community Development Director finds consistent
with the purpose and intent of this District.
C 4 f. Any use which the D1a^^i^^ DiFe ^Community Development Director finds would result in
conditions or circumstances contrary to public health, safety and general welfare.
C 6 a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at sixes feet in height
along the side property line and at eight (8) feet in height maximum along the rear property line, measured
from the highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District,
an eight -foot -high wall shall be required. In addition, a front wall or fence may be required at the discretion
of the Dlanning DiFeet^FCommunity Development Director. Fence or wall materials and height shall be
subject to approval at the discretion of the D1a^^O^^ Dire Community Development Director. However,
open chain link or chain link with wooden or plastic slats shall be prohibited.
D 5. Any other accessory use or structure which the D1a^^i^^ Dire Community Development Director
finds consistent with the purpose and intent of this district.
E 11. Any use which the oi-,^^iRg DiFeCtapCommunity Development Director finds would result in
conditions or circumstances contrary to public health, safety and general welfare.
20.90.130 Professional and Administrative Office District: SP-7 (PA).
D 3. Accessory uses and structures which the D1a^^i^^ DiFe ^Community Development Director finds
consistent with the purpose and intent of this district.
20.90.170 Fire Facility Overlay District: (FF).
C 3 b. The site shall not be excessively illuminated based on the luminance recommendations of the
Illuminating Engineering Society of North America, or, if in the opinion of the D1a^^O^^ DiFe ^Community
Development Director, the illumination creates an unacceptable negative impact on surrounding land uses
or environmental resources. The D1a^^i^^ DiFeGt^FCommunity Development Director may order the
dimming of light sources or other remediation upon finding that the site is excessively illuminated.
SS2-466
Chapters:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV, OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St., MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
Part 3. Site Planning and Development Standards
21.30
Property Development Standards
21.30A
Public Access and Recreation
21.30B
Habitat Protection
21.30C
Harbor and Bay Regulations
r. nsf.,rdahie u.,usi.,rt
21.34
21.35
nvprrenn or Dprnnletinn of
Water Quality Control
21.38
Nonconforming Uses and Structures
21.40
Off -Street Parking
21.44
Transportation and Circulation
21.46
Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
SS2-467
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions
Part 6. Implementation Plan Administration
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Definitions
21.70 Definitions
Part 8. Maps
21.80 Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
SS2-468
Chapter 21.10
PURPOSE AND APPLICABILITY OF THE IMPLEMENTATION PLAN
21.10.030 Authority —Relationship to Coastal Land Use Plan.
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850
et seq. of the Galifernia Cal. Gov.ernment Code, Division 20 of the Cal. Pub.4e Resources Code (California
Coastal Act), and T'rrci-cl4 CCR; DiVwSieR 5.5Section 13001 et seq. ^f+"hf r. is C-,' Cede f Re&E:„lati ,Rs
(California Coastal Commission Regulations).
SS2-469
Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
21.16.060 Additional Permits and Approvals May Be Required.
A. 1 Other provisions of the M Riewpalthis Code (e.g., conditional use permits, minor use permits, limited -
term permits, site development review, zoning clearances, building permits, grading permits, other
construction permits, live entertainment permit, or a business license); or
SS2-4 70
Chapter 21.18
RESIDENTIAL COASTAL ZONING DISTRICT (R-A, R-1, R-BI, R-2, AND RM)
TABLE 21.18-4 Notes
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-,
and moderate -income households and senior citizens in compliance with GeVeFRPReRt Cal. Gov. Code
Sections 65915 through 65917. Any housing development approved pursuant to GeVeFRFReRt Cal. Gov.
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective
of coastal resources, with all otherwise applicable Local Coastal Program policies and development
standards.
SS2-4 71
Chapter 21.22
MIXED -USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15T" ST., MU-W1, MU-W2)
TABLE 21.22-3 Notes
(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-,
and moderate -income households and senior citizens in compliance with GeVeFRPReRt Cal. Gov. Code
Sections 65915 through 65917. Any housing development approved pursuant to GeVeFRFReRt Cal. Gov.
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective
of coastal resources, with all otherwise applicable Local Coastal Program policies and development
standards.
TABLE 21.22-4 Notes
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-,
and moderate -income households and senior citizens in compliance with GeveFRPReRt Cal. Gov. Code
Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov.;z
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective
of coastal resources, with all otherwise applicable Local Coastal Program policies and development
standards.
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Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS)
21.26.045 Planned Community Coastal Zoning District Land Uses.
C 2 Subject to approval of the DlaRRiRg Pure +^ Community Development Director after a determination
that the parking provided is adequate to serve demand and that the uses will not adversely impact other
land uses in the area.
SS2-473
Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C AND H)
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
A 1. Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile
Home Parks Act (Cal. Health ate& Safety Code Section 18300) and the California Coastal Act (Cal. Pub.4e
Resources Code Division 20).
C 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of
the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to
be acceptable and consistent with the provisions of the Calif^rni-a Geyern.. ^.n*Cal. Gov. Code.
SS2-4 74
Chapter 21.30
PROPERTY DEVELOPMENT STANDARDS
21.30.105 Cultural Resource Protection.
B 1 b. A site where evidence of potentially significant historical resources is found in an initial study
conducted in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub.4e Resources
Code Section 21000 et seq.).
B 5. Offer for Relocation of Historic Structure. Before issuance of a permit by the Building
OiFeGterCommunity Development Director for the demolition of an historic structure the applicant shall
first offer the structure for relocation by interested parties.
SS2-4 75
Chapter 21.30A
PUBLIC ACCESS AND RECREATION
21.30A.040 Determination of Public Access/Recreation Impacts.
B. 1 Land Use. The project's impact on use of private lands suitable for visitor -serving commercial
recreational facilities designed to enhance public opportunities for coastal recreation and other priority
uses specified in Q14APA a Cal. Pub.4e Resources Code Sections 30222 and 30223.
SS2-476
Chapter 21.30B
HABITAT PROTECTION
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas.
1 Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland
boundaries contained in 14 CCR Section 13577(b) of the Califernia CA -de ^{ Reg latiens
D. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal
waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the C"'a
Cal. Pub.4c- Resources Code (Coastal Act) and Section 21.30B.040(E)(2).
SS2-477
Sects!
�C�TRT'frT.
zi.�a vie PuFpese.
21.34.020 A...,Ikabili+..
21.34:0-29 Exempt -ions.
W oepl.,..ernent of Affer.d-.hle Hosing
71 2A 01A D„rr.eee
The puFpese of this ch-,pteF as te•
71 2A 020 Apple .-,hill+..
a
afferdable
fellewing •
ef. eleven (11) eF Fn9Fe dwelling units located 6A tl.AvA_ A_.F MeFe struetu e---
� I
71 2A A2A ExemptieRs
The . A-f+hir chapter Shall Ret ply to the f.,lle,.,iRg.
Fablic rr'uisanee; e
(50) acFes, an aggFegate, ef pFivately ewned, vacant land awailable fer residential use within the City's
71 2/I Qr%Q DeplaGement of Affer.dahle HOUSing
e.n @ ene-fer one basis, unless the Directer H-P-tp-.rrn*nes that replacement is net fe-asible.
SS2-478
SS2-479
Chapter 21.38
NONCONFORMING USES AND STRUCTURES
21.38.070 Landmark Structures.
D 3. Any permit required by other titles of the M RiGipa'this Code (other than this title) shall be obtained
before the initiation or intensification of an accessory use of a landmark structure;
SS2-480
Chapter 21.44
TRANSPORTATION AND CIRCULATION
21.44.045 Vacations and Abandonments.
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or
abandonment pursuant to Cal. c+.-^^+-S High .,aysSts. & Hy. Code Sections 8300 through 8363 and by
filing an application for a coastal development permit pursuant to Chapters 21.50 and 21.52.
21.44.055 Temporary Street Closures.
A. General. Temporary closing of portions of any street for celebrations, parades, local special events,
and other purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the
Cal. Veh.k e Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of no more than
twenty-four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of
the Police Chief eF his design^^, the closure is necessary to protect the public safety. In no event shall any
street closure prevent or interfere with the public's access to the beach or bay.
SS2-481
Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory
dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in
r,'6{^:^" GE)VeFRPReRtCal. Gov. Code Sections 65852.2 and 65852.22 e+ �y-sW Ese sser stat�+te, in areas
designated for residential use, including as part of a planned community development plan or specific
plan, and to provide development standards to ensure the orderly development of these units in
appropriate areas of the City.
B. 4 Required to correct a legally established nonconforming zoning condition. This does not prevent the
City from enforcing compliance with applicable building standards in accordance with Q,'a—Cal.
Health aed-& Saf.ety Code Section 17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on
residential or mixed -use properties that are determined to be historic shall be approved ministerially, in
conformance with r,'E{^P^" �^ ^�^^,^^*Cal. Gov. Code Sections 65852.2 and 65852.22. However, any
accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic
Resources shall meet all Secretary of the Interior standards, as applicable. (Ord. 2022-6 § 5, 2022)
SS2-482
Chapter 21.49
WIRELESS TELECOMMUNICATIONS FACILITIES
21.49.030 Definitions.
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of
supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna
system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the
California Public Utilities Commission on a water tower, utility tower, streetlight, or other structures built
or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the
FCC, including any structure installed pursuant to ��1°�Ra Cal. Pub. Util.4y Code Section 7901, is not a
wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard
which is replaced with a new streetlight standard to permit the addition of antennas shall not be
considered a wireless tower, but rather a replacement streetlight standard.
21.49.050 General Development and Design Standards.
F 3 b. New or replacement vertical structures may be allowed when authorized by the Muniempa this
Code and approved bythe Public Works Department. Replacement poles or streetlights shall be consistent
with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or
streetlights may be installed, provided they match existing or planned poles within the area.
F 6 b i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the
support equipment shall be placed underground if required by other provisions of the MURi .,aphis Code.
Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more
than twenty-four (24) inches above the finished grade and are screened from public view, may be
incorporated. Electrical meters required for the purpose of providing power for the proposed telecom
facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable
standards of Title 13 unless otherwise precluded by the M nicipa this Code.
J 2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with
the MURicipa4 his Code.
SS2-483
Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
TABLE 21.50-1 Notes
(7) All development on tidelands, submerged lands, and public trust lands as described in Eal+fePi;;
PublieCal. Pub. Resources Code Section 30519(b) and in deferred certification areas designated by the
Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with
procedures specified by the Coastal Commission, in addition to other permits or approvals required by the
City.
21.50.025 Projects Bisected by Jurisdictional Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is
located within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal
development permits are required by both the City and the Coastal Commission. Alternatively, if the
applicant, the City and the Coastal Commission agree, the Coastal Commission can process a consolidated
coastal development permit application pursuant to the procedures in Cal. Pub.4e Resources Code; Section
30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of
the City and another local government, the applicant must obtain separate coastal permits from each
jurisdiction. An exception is possible for public agencies that, pursuant to Califemia Cal. Pub.ie Resources
Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu
of locally issued coastal permits.
SS2-484
Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is
consistent with the California Coastal Act of 1976 (Division 20 of the Cal. Pub.i e Resources Code) as
amended, in accordance with the City's Local Coastal Land Use Plan and the City's Local Coastal Program.
The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore,
the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to
determine whether or not a proposal in the City's permitting jurisdiction constitutes development and
whether or not that development requires a coastal development permit or is exempt. No provision
contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations,
shall be used in such determinations.
21.52.015 Coastal Development Permits.
B 1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands,
submerged lands, and public trust lands as described in Cal. Pub.4- Resources Code Section 30519(b) and
in deferred certification areas designated by the certified Local Coastal Program require a permit or
exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal
Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally
depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final local action on an
exemption or coastal development permit application and meeting the requirements of T41e-14 Califemia
CCR Cal G-^01^ Of °^^=Ula:* E)^S Section 13570, a notice of its final action shall be sent, by first class mail,
to the applicant, the Coastal Commission, and any persons who specifically request such notice by
submitting a self-addressed, stamped envelope to the City. Such notice shall be accompanied by a copy of
the exemption, denial, or coastal development permit approval with conditions of approval and written
findings and the procedures for appeal of the action to the Coastal Commission.
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
C. Coastal Act Exemptions. Developments not located within the Coastal Commission's permit jurisdiction
determined to be exempt from the coastal development permit requirements pursuant to California Cal.
Pub. Resources Code Section 30610. The following types of projects shall be so exempted unless they
involve a risk of adverse environmental effects:
C 1 d i. An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site
or an additional improvement of ten (10) percent or less where an improvement to the structure has
previously been undertaken pursuant to r-,i*fn-.r i-, P1-1 Cal. Pub. Resources Code Section 30610(a)
and/or this subsection.
C 2 d i. An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the
building site or an additional improvement of ten (10) percent or less where an improvement to the
structure has previously been undertaken pursuant to CalifeFRia Pu Cal. Pub. Resources Code Section
30610(a) and/or this subsection.
SS2-485
C 4 d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-family
residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair
and maintenance under Cali{^" ^" °-,""^Cal. Pub. Resources Code Section 30610(d) but instead
constitutes a replacement structure requiring a coastal development permit.
C 7. Time -Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any
existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section
11003.5 of the Cal. Bus.iness and& Prof.essmens Code. If any improvement to an existing structure is
otherwise exempt from the permit requirements of this part, no coastal development permit shall be
required for that improvement on the basis that it is to be made in connection with any conversion exempt
pursuant to this subsection. The division of a multiple -unit residential structure into condominiums, as
defined in Section 783 of the Cal. Civ_4 Code, shall not be considered a time-share project, estate, or use
for purposes of this subsection.
C 8. Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of
airspace within two -unit or multi -unit dwellings for condominium purposes.
21.52.045 Categorical Exclusions.
A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion
after certification of this Implementation Plan pursuant to Cal. Pub. Resources Code Sections 30610(e) or
30610.5 of the o-i"ii,. Re s r and 14 CCR Gal. G- ,d .,f Regs Title 14 DovirOAA q � Chapter c
Sections
13215 et seq.-�5-and 14 CCR Section 240 et seq-249). Records of such categorical exclusions shall be
kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any
person who has requested such notice within five (5) businessg days of issuance. The notice of
exclusion may be issued at the time of project application but shall not become effective until all other
approvals and permits required for the project are obtained. A copy of all terms and conditions imposed
by the City shall be provided to the Coastal Commission, per 14 CCR G-al r ,_ Af Begs Section 13315-4
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization
for development, and where issuance of the permit or authorization is conditioned upon the applicant
recording a legal document which restricts the use of real property or which offers to dedicate or grant an
interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts
of any legal documents proposed to implement the conditions shall be forwarded to the Coastal
Commission for review and approval prior to the issuance of the permit consistent with the following
procedures and 14 CCR Calif Fnia GA -de of R „lati nsCal C-Ad G o Section 13574:
SS2-486
Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
21.54.030 Effective Date of Permits —Notice of Final Action.
B. Notice of Final Action. Final City action on permits for sites located within the City's coastal zone shall
be documented by the notice of final local action which the City sends to the Coastal Commission within
seven days of the City's final action on a CDP application and compliance with-T#4e 14 G__;Af rn;-, C-A-Ple A
Reg CCR Ca' CU^d^ ^f Rgg� Section 13570.
SS2-487
Chapter 21.64
APPEALS AND CALLS FOR REVIEW
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development
as defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with
this section and Title 14 California CA -de „f o,,,.ulatiE)RsCCR Cal rode f Regs. Sections 13111 through
13120 and Seetien 30603 Af +h Coastal Act Section 30603. If there is any conflict between the provisions
of this section or Title 14 Galif,,, nia Gee f o,,,.ulatiensCCR Gal 'wide of Regs Sections 13111 through
13120 and Section 30603 of the Coastal Act, T le-14 r ,';f^r^;a C-^d^ of Regul ,+;^^-CCR Gal GA -de of Qo^�
Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
A. Appealable Development —Cal. Pub.4e Resources Code Section 30603(a). A decision by the City on a
coastal development permit application within the appeal areas identified in Cal. Pub.4e Resources Code
Section 30603(a) as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map
or on any development approved or denied by the City on a coastal development permit application for a
project that constitutes a major public works project or energy facility may be appealed to the Coastal
Commission.
B 1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two members
of the Coastal Commission in compliance with Cal. Pub.4e Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub.4e Resources Code Section 30801, an aggrieved
person is any who, in person or through a representative, appeared at a public hearing held before the
Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed,
or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns
or who for good cause was unable to do either.
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision
on a coastal development permit application to the Coastal Commission only after exhausting all appeals
to the Planning Commission and Council in compliance with this chapter. Exhaustion of all local appeals
shall not apply to any circumstance identified in G-al redo of Reg.. r„lati ns14 CCR Section 13573(a),
including, but not limited to, the following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter because City
notice and hearing procedures did not comply with Title 14; DivisieR < < ChapteF 4 Sybehapte
2 nFtie' 1:7 ef+h ra'ife-Fria r d .,f Reg latiCCR Section 13573Ga1 r.,,d Aef Reg .; or
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR Ca' Cede of Reg�ulatiens Section 13573(b), there shall be no
requirement of exhaustion of local appeals when an appeal of a City decision is filed by two members of
the Coastal Commission in compliance with Cal. Pub.4e Resources Code Section 30625. Notice of a Coastal
Commissioners' appeal shall be transmitted to the City in compliance with T41e-14 C--'*f.,. n*-;l r--,' r-^,d^ .,f
Begs CCR Section 13111(d). The Director may transmit the Commissioners' appeal to the local
appellate body (which considers appeals from the local body that rendered the final decisions subject to
the Commissioner appeal), and the Commissioners' appeal may be suspended pending a decision on the
SS2-488
merits by that local appellate body. If the final action by an appellate body modifies or reverses the
previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.
D. Grounds for Appeal to Coastal Commission —Cal. Pub.4e Resources Code Section 30603. The grounds
for an appeal to the Coastal Commission of a City final action on a coastal development permit application
are as follows:
SS2-489
Chapter 21.68
ENFORCEMENT
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this
chapter, the provisions of Cal. Pub. Resources Code Division 20, Chapter 9 ^{ Divisien '^ ^{ *"^ Puh
Resources C-^d'^ shall also apply with respect to violations and enforcement and the City and the
Commission shall have the enforcement powers described therein.
SS2-490
Chapter 21.70
DEFINITIONS
21.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Implementation Plan that are technical or
specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions
in other provisions of the MURiGipa this Code, these definitions shall control for the purposes of this
Implementation Plan. If a word is not defined in this part, or elsewhere in this Implementation Plan, the
most common dictionary definition is presumed to be correct.
21.70.020 Definitions of Specialized Terms and Phrases.
"Aggrieved person" means any person who, in person or through a representative, appeared at a public
hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the
decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of
the nature of their concerns or who for good cause was unable to do either (Cal. Pub. -Resources Code
Section 30801).
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following
characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises
where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and
wine —package store) or License Type 21 (off -sale general —package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display
area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use.
Illustrative examples include r^^ ^^ ^^r^ markets, drug stores, grocery stores, and supermarkets,
but do not include convenience markets.
"Review authority" means the individual or official City or State body identified by this Implementation
Plan as having the responsibility and authority to review and approve or disapprove ministerial and
discretionary permit applications described in this Implementation Plan. Includes the Newport Beach City
Council ("Council"), the Planning Commission ("Commission"), the Planning DireGtorCommunity
Development Director ("Director"), the Zoning Administrator ("Zoning Administrator"), the Community
Development Department ("Department"), the City Traffic Engineer, the Public Works Director and the
California Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic
or commercial purposes but kept for display. Includes an animal that may be imported, transported, or
possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR
rolife-Mia Code of o „latiensCal Code of Regs. Title 14, Section 671 (Importation, Transportation and
Possession of Live Restricted Animals).
SS2-491
"Area median income" means the median income, adjusted for family size, applicable to Orange County,
established by the U.S. Department of Housing and Urban Development, and published annually by the
California Department of Community Development in the 25 CCR r,' Qlffif^"^" erode of Reg latiE)^S T'*'^
Section 6932 (er its successer PFEWiSiOR).
"California Environmental Quality Act (CEQA)" means a State law (CA"tea-Cal. Pub. Resources Code
Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion area boundary
adopted in compliance with the California Coastal Act (Cal. Pub.4e Resources Code Section 30000 et seq.).
"Categorical exclusion order" means a decision issued by the California Coastal Commission in compliance
with the Coastal Act (Cal. Pub.4e Resources Code Section 30610(e)), in which the Coastal Commission
excludes certain categories of development from requirements to obtain coastal development permits
from the Coastal Commission. A categorical exclusion order automatically terminates upon the effective
date of the delegation of development review authority to a local government in compliance with 14
CA16a CCR Cal r,,,J^ ^f o^g.::Ul ,+;^^S Section 13249(b).
"Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA Guidelinese
14, Galif9FRi , G-a' G-^d^ of o^g=„latiG s , an exemption from CEQA for a class of projects based on a finding
by the Secretary of Resources that the class of projects does not have a significant effect on the
environment.
"Coastal Commission" means the California Coastal Commission, the State agency established by State law
responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Cal. Pub.4c-
Resources Code Section 30000 et seq.) and for appellate review of decisions rendered by a City review
authority.
"Coastal Commission exclusion areas" means the boundaries of the areas where a category of
development, or a category of development within a specifically defined geographic area, is excluded from
the coastal development permit requirements pursuant to Cal. Pub.4e Resources Code Section 30610,
which shall be established by the terms and conditions applied to each categorical exclusion order by the
Coastal Commission.
"Coastal Commission permit jurisdiction" means the boundaries of tidelands, submerged lands, and public
trust lands described in Section 30519(b) of the Cal. Pub.4e Resources Code where the Coastal Commission
retains permit jurisdiction.
"Coastal -dependent development or use" means any development or use which requires a site on, or
adjacent to, the sea to be able to function at all (from Califernia Cal. Pub.4e Resources Code Section
30101).
"Coastal development permit (CDP)" means a permit for any development within the coastal zone that is
required pursuant to subdivision (a) of Cal. Pubk.+E_-Resources Code Section 30600.
"Coastal -related development or use" means any development or use that is dependent on a coastal -
dependent development or use (from Ga1°�ria-Cal. Pub.4e Resources Code Section 30101.3).
SS2-492
"Coastal zone" means the geographic zone adjacent to the shoreline, the land and water area boundaries
of which are determined by the California Coastal Act of 1976, as amended (Cal. Pub.4e Resources Code
Section 30000 et seq.).
"Condominium" means a form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common with
other owners. Includes a condominium project, community apartment project, or stock cooperative, as
defined in C;;NfArmma-Cal. Civ.4 Code Section 1351.
"Density bonus" means, as defined by Cal. Gov.;t Code Section 65915 et seq., an increase over
the maximum density otherwise allowed by the applicable zoning district that is granted to the
owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units
that are affordable to very low- and low-income households. See "Very low-income household" and "Low-
ice- ITOMI:1C�1i
"Development" means on land, in or under water, the placement or erection of solid material or a
structure; discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading,
removing, dredging, mining, or extraction of materials; change in the density or intensity of use of land,
including, but not limited to, subdivision in compliance with the Subdivision Map Act (commencing with
GE)VeFRFnePA-CaI. Gov. Code Section 66410), and another division of land, including lot splits, except where
the land division is brought about in connection with the purchase of the land by a public agency for public
recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction,
demolition, or alteration of the size of a structure, including a facility of a private, public, or municipal
utility; and the removal or harvesting of major vegetation other than for agricultural purposes and kelp
harvesting.
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from,
or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling
unit also includes the following:
1. An efficiency unit, as defined in S^Cti^^ ^f the G-"'if^r""' Cal. Health ate& Safety Code Section
17958.11 nr _nn. curcesserstatute.
2. A manufactured home, as defined in S^Cti^^ 18007 f the Galif9FRia Cal. Health ate& Safety Code
Section 18007, ^. _ _______.�e
"Emergency" means any sudden, unexpected occurrence demanding immediate action to prevent or
mitigate loss of or damage to life, health, property or essential public services as used in Cal. Pub.4e
Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health &ate Saf.ety Code Section 50801(e), a
facility with minimal supportive services for homeless persons.
"Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub.4e Resources Code Section 30107.5
means an area in which plant or animal life or their habitats are either rare or especially valuable because
of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human
activities and developments.
SS2-493
"Explosives" means a substance defined as an explosive by Cal. Health ate& Saf.et-y Code Section 12000
et seq., and for which a permit is required by the Cal. Health ate& Sate-ty Code. See also "Hazardous
materials"
"General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted
by the City Council under the provisions of Cal. Gov.eFRFReRR Code Section 65300 et seq., and referred to
in this Implementation Plan as the "General Plan"
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter
2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.;t Code
Section 66410 et seq.), that is used to complete the subdivision of five f5or more lots. See also "Parcel
map" and "Tentative map"
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. GOV.GOVeFRFReRt Code Section
66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent
lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than
originally existed.
"Major energy facility" means any public or private processing, producing, generating, storing,
transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy
which exceeds one hundred thousand dollars ($100,000) in its estimated cost of construction with an
automatic increase in accordance with the Engineering News Record Construction Cost Index, except for
those governed by the provisions of Cal. Eal+ferie Public Pub. Resources Code Section 30610, 30610.5,
30611 or 30624.
"MURiCipakCode" means the Newport Beach Municipal Code of the City of ni,,,.,pen Beach, as ameRd �
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal.
Gevernrnep,t-Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four f4or
fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
2. "Recreation, passive" means a type of outdoor recreation or activity that can be carried out with little
alteration or improvement to existing topography of a site, with the use of existing natural resources, and
with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been convicted of a
federal crime, sentenced to a United States prison, and received conditional and revocable release in the
community under the supervision of a federal parole officer; (2) any individual who has served a term of
imprisonment in a State prison and who is serving a period of supervised community custody, as defined
in Cal. Pen.a4 Code Section 3000, and is under the jurisdiction of the California Department of Corrections,
Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California
Youth Authority and who has received conditional and revocable release in the community under the
supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony,
sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction
of any federal, State, or County parole or probation officer. For the purposes of this definition, "felony"
means a felony as defined by any California or United States statute.
SS2-494
"Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation,
fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the
beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or
reclaimed and which were subject to the public trust at any time (14 QUAFROa—CCR C;;l -C-Ade A
Regulatiens Section 13577). See "Submerged lands" and "Tidelands."
"Senior citizen housing development" means a residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older)
that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.4 Code Section 51.3(b)(4).
"Specific plan" means, under Cal. GeveFnment Gov. Code Section 65450 et seq., a policy statement and
implementation tool adopted by the City Council that addresses a single project or planning problem. A
specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may
be necessary or convenient for the systematic implementation of a General Plan element(s).
"Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land,
or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be
considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights -
of -way. Subdivision includes a condominium project, as defined in SUbdi,,,S;^^ (P) of SeCtiO., 1291 Af rho,
Cal. Civ.4 Code Section 1351 (f), a community apartment project, as defined in subdivision (D) of Seetrien
2ef the -Cal. Civ_4 Code Section 1351 (D), or the conversion of five for more existing dwelling units
to a stock cooperative, as defined in subdiv sie.. (""` ^f S CtiE , 1351of the Cal. Civ.4 Code Section 1351
(M) . [Note: same meaning as in the Subdivision Map Act.]
"Subdivision Map Act" means Division 2, Title 7 of the CalifeFnia Cal. GeveFnment Gov. Code, commencing
with Section 66410 as amended, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (14 CCR fr.,M Calife-Mi^ Cal Cede
of Re ulatiens Section 13577). See "Public trust lands."
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target
population, as defined by Seetian 53260( d) of the Q'ifer.,ia Cal. Health ate& Safety-Saf. Code Section
53260 d , and that is linked to on -site or off -site services that assist the tenant to retain the housing,
improve his or her health status, maximize their ability to live and, when possible, to work in the
community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group
residential, parolee -probationer home, residential care facilities, or boarding house uses shall be
permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-
family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding
house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal.
Gevernrnep,t-Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the
details that must be provided before approval of a final map. See also "Final map" and "Parcel map."
"Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 CCR
fre.,, Calif rnia Gal r d of Regulations oegs Section 13577). See "Public trust lands."
SS2-495
Visitor Accommodations (Land Use).
4. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for
sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory
uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest
rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and
ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates
subject to taxation under Cal. Revenue and Taxatie^Rev. & Tax. Code Section 7280.
5. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping
purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by
direct independent access to, and adjoining parking for, each guest room. A motel operates subject to
taxation under Cal. Reve-Rue -,nd Taxatie^Rev. & Tax. Code Section 7280.
SS2-496
ATTACHMENT B
TAXICAB REGULATIONS
1. APPLICATION
1.1. These Regulations apply to all Taxicab Businesses that are Substantially Located
in the City, and its affiliated Drivers and Taxicabs.
1.2. These Regulations are supplemental to Chapter 5.17 of the Municipal Code.
2. DEFINITIONS
2.1. "ASE" means the National Institute for Automotive Service Excellence.
2.2. "Advertisement" means the issuance of any card, sign, or device to any person,
the causing, permitting, or allowing the placement of any sign or marking on or in
any building or structure, or in any media form, including newspaper, magazine,
radiowave, satellite signal, or any electronic transmission, or in any directory
soliciting Taxicab services subject to these Regulations.
2.3. "BAR" means the Bureau of Automotive Repair.
2.4. "City" means the City of Newport Beach.
2.5. "DOX' means the Department of Justice of the United States of America.
2.6. "Driver" means a person who drives or controls the movements of a taxicab.
2.7. "DMV" shall mean the California Department of Motor Vehicles.
2.8. "DOT" shall mean the U.S. Department of Transportation.
2.9. "Municipal Code" means the City of Newport Beach Municipal Code.
2.10. "Owner" means a person who is registered with the DMV as the owner of a vehicle
used as a taxicab, or who has a legal right to possession or control of such vehicle
pursuant to a lease or other agreement. The act of any driver of a vehicle used as
a taxicab shall be deemed an act of the owner.
2.11. "Permittee" means a Person that holds a valid Taxicab Business Permit, and
includes its officers, management, employees, drivers, volunteers, agents,
leaseholders, and owner -operators, jointly and severally.
2.12. "Person" "person" means any individual, firm, partnership, joint venture, limited
liability company, association, social club, fraternal organization, corporation,
estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee,
trustee in bankruptcy, syndicate, the United States, this State, any county, city and
county, municipality, district, or other political subdivision of the State, or any other
group or combination acting as a unit.
2.13. "Prearranged Trip" means a trip using an online enabled application, dispatch, or
Internet website.
2.14. "Regulations" means these regulations.
2.15. "Regulatory Authority" means the County of Orange and any city within Orange
County where a taxicab business is substantially located.
SS2-497
2.16. "Substantially Located" means either of the following: the city or county where a
Taxicab Business is primary located; or, the city or county where the total number
of prearranged and non -prearranged trips that originate account for the largest
share of the Taxicab Business's total number of trips over the previous calendar
year as determined annually.
2.17. "Taxicab" means a vehicle capable of carrying no more than eight persons,
excluding the driver, and used to carry passengers for hire. The term shall exclude
a vehicle operating as a charter party carrier licensed as such by any state agency,
including the California Public Utilities Commission, a rideshare as defined in Veh.
Code Section 522, or any other vehicle operating under the authority of any state
agency, including the California Public Utilities Commission.
2.18. "Taxicab Business" means any enterprise, whether carried on for profit or
otherwise, that operates Taxicabs.
2.19. "Taxicab Business Permit" means a valid permit issued by the City authorizing a
Person to operate a Taxicab Business.
2.20. "Taxicab Driver's Permit" means a valid permit issued by the City authorizing a
person to drive or control the movements of a Taxicab.
2.21. "Taxicab Vehicle Permit" means a valid permit issued by the City authorizing a
particular vehicle to be operated as a Taxicab.
2.22. "Taximeter" means a fully operational device with current and intact seals or
technology approved by the Division of Measurement Standards to calculate fares,
including the use of Global Positioning System metering, that complies with
Business and Professions Code Section 12500.5 and with all regulations
established pursuant to Business and Professions Code Section 12107.
3. GENERAL RULES AND REQUIREMENTS
3.1. Permittee. A Permittee shall:
3.1.1. Be responsible for all Taxicabs under its possession, custody control, or
driven on Permittee's behalf or for its benefit;
3.1.2. Be responsible for the acts or omissions of all Drivers while they operate
a Taxicab on Permittee's behalf, under its authority, or for its benefit;
3.1.3. Ensure all Taxicabs are driven only by Persons with a Taxicab Driver's
Permit;
3.1.4. Notify the City within two (2) calendar days of an affiliated Driver who
becomes unqualified or unauthorized to drive a Taxicab, or upon
termination of employment or affiliation with a Driver;
3.1.5. Maintain all programs and requirements for receiving a Taxicab
Business Permit;
3.1.6. Verify the continuous enrollment of affiliated Drivers in Permittee's drug
and alcohol testing program and DMV Pull Notice program;
3.1.7. Cooperate fully with City staff and law enforcement;
2
SS2-498
3.1.8. Notify the City within two (2) calendar days when vehicles are removed
from service and surrender Taxicab Vehicle Permits in accordance with
these Regulations;
3.1.9. Maintain reasonable financial responsibility to conduct Taxicab
transportation services in accordance with these regulations;
3.1.10. Maintain a safety education and training program in effect for all Drivers,
whether employees or contractors;
3.1.11. Maintain a disabled access education and training program to instruct
Drivers on compliance with the federal Americans with Disabilities Act
of 1990 (42 U.S.C. Section 12101 et seq.) and amendments thereto, and
state disability rights laws, including making clear that it is illegal to
decline to serve a person with a disability or who has a service animal;
3.1.12. Disclose fares, fees, and rates to the customer on its internet website,
mobile telephone application, or telephone orders, upon request;
3.1.13. Maintain and keep records, logs, or receipts of vehicle maintenance for
all Taxicabs issued a Taxicab Vehicle Permit, showing that the Taxicab
is maintained in accordance with the service standards recommended
by the vehicle manufacturer, and making such records available to the
City upon request;
3.1.14. Collect data that demonstrates the total number of prearranged and non -
prearranged trips that originate within a particular local jurisdiction for
the purpose of determining where that Taxicab company is substantially
located, and provide that data promptly and in a format acceptable to
the City upon request during regular business hours; and
3.1.15. Ensure compliance of its Taxicab Business with all applicable federal,
state, and local laws, rules and regulations.
3.2. Drivers. A Driver shall:
3.2.1. Be responsible for the operation of a Taxicab under its possession,
custody, or control;
3.2.2. Possess and display at all times while a Taxicab is in operation a valid
Taxicab Driver's Permit issued to that Driver which identifies the
Permittee;
3.2.3. Display its Taxicab Driver's Permit on the passenger side area of the
dashboard of the Taxicab in a manner that is easily viewable from inside
or outside of the Taxicab, except that the driver's license number may
be covered by a removable label, if desired;
3.2.4. Affix its Taxicab Driver's Permit to the Taxicab in a way that makes it
easily removable by the Driver to provide to law enforcement or code
enforcement upon request;
3.2.5. Maintain its Taxicab Driver's Permit free from alterations, defacement or
damage, excepting normal wear and tear that does not render it illegible;
3
SS2-499
3.3.
3.2.6. Not display another Person's driver's permit, nor allow another Person
to use their Taxicab Driver's Permit;
3.2.7. Not operate a Taxicab without a valid Taxicab Vehicle Permit issued for
that Taxicab;
3.2.8. Not operate a Taxicab that does not meet all requirements of these
Regulations;
3.2.9. Not carry more passengers in the Taxicab than authorized by the
manufacturer's recommendations;
3.2.10. Ensure operational seat belts are available for all passengers;
3.2.11. Not leave the Taxicab to solicit passengers;
3.2.12. Maintain the passenger compartment in a clean and sanitary condition;
3.2.13. Not charge fares higher than those disclosed to the customer, and not
in contravention of these Regulations or in an amount that exceeds the
maximum established by the City;
3.2.14. Only carry a passenger to the destination by the most direct and
accessible route;
3.2.15. Provide a receipt for the amount charged upon request of the person
paying the fare, which contains the Driver's name and Taxicab Driver's
Permit number, telephone number, Permittee's name, charge amount,
date, and time of transaction;
3.2.16. Comply with the minimum requirements for the mandatory exchange of
information established in Veh. Code Section 16025 in the event of an
automobile accident;
3.2.17. Continuously operate the Taximeter at any time that the Driver is
carrying a customer;
3.2.18. Cooperate with the Permittee, code enforcement, and law enforcement
to ensure compliance with law, including random testing of Drivers and
Taxicab inspections; and
3.2.19. Operate the Taxicab in accordance with all applicable law, including
these Regulations, and with due regard for the safety, comfort, and
convenience of passengers and the general public.
Taxicabs. An Owner, Driver, and Permittee shall be jointly and severally
responsible to ensure that a Taxicab:
3.3.1. Displays its Taxicab Vehicle Permit as required by these Regulations at
all times while the Taxicab is being operated;
3.3.2. Meets the requirements of the Veh. Code, including, but not limited to,
Veh. Code Section 24000, et seq;
3.3.3. Equals or exceed the standards set forth in these Regulations at all
times;
4
SS2-500
3.3.4. Carries at all times evidence of financial responsibility pursuant to Veh.
Code Sections 16020 through 16028;
3.3.5. Carries at all times valid and current vehicle registration pursuant to Veh.
Code Section 4462, showing that the Taxicab is registered as a
commercial vehicle pursuant to Veh. Code Section 260;
3.3.6. Displays the Permittee's name and logo, if any, in an area visible from
the interior and exterior of the Taxicab at all times while in service and
when soliciting passengers on behalf of Permittee;
3.3.7. Displays the Permittee's name and logo, and the number by which the
Taxicab is designated, conspicuously on the outside of each Taxicab by
print, stamp, or stencil;
3.3.8. Be equipped to seat no more than eight (8) passengers, excluding the
Driver; and
3.3.9. For on -demand (flagged) trips, possess a fully operational Taximeter.
4. FARES
4.1. Maximum Fare. A Permittee may set fares or charge a flat rate for Prearranged
Trips. The metered rates for on -demand (flagged) trips shall not exceed those set
forth in Attachment A.
4.2. Calculating Fares. A Permittee may use any type of device or technology
approved by the Division of Measurement Standards to calculate fares, including
the use of Global Positioning System metering, provided that the device or
technology complies with Business and Professions Code Section 12500.5, and
with all regulations established pursuant to Business and Professions Code
Section 12107.
4.3. Disclosure of Fares. A Permittee shall disclose fares, fees, or rates to the
customer. A Permittee may satisfy this requirement by disclosing fares, fees, or
rates on its Internet Web site, mobile telephone application, or telephone orders
upon request by the customer.
4.4. Notification of Rate. A Permittee shall ensure the applicable rate is disclosed to
a passenger prior to the passenger accepting a ride for walkup rides and street
hails. The rate may be provided on the exterior of the Taxicab, within an application
of a mobile telephone, device, or other Internet -connected device, or be clearly
visible in either print or electronic form inside the Taxicab.
5. FEES
5.1. Fees. The City shall recover its costs incurred in the administration of these
Regulations by the adoption of a schedule of fees included in the City's Schedule
of Rents, Fines, and Fees.
5.2. Refund Policy. There shall be no refund of any portion of the fees described in
these Regulations.
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SS2-501
6. TAXICAB BUSINESS PERMITS
6.1. Permit Required. No Person shall operate a Taxicab Business that is
Substantially Located in the City without having first obtained a Taxicab Business
Permit.
6.2. Term. A Taxicab Business Permit shall expire five (5) years from its effective date,
unless renewed or revoked.
6.3. Issuance. A Taxicab Business Permit shall be issued by the City if all of the
following requirements have been satisfied.
6.3.1. Submission of a complete application package.
6.3.2. Submission of a copy of a drug and alcohol policy that complies with 49
Code of Federal Regulations Part 40 (Section 40.1 et seq.) and Part 382
(Section 382.101 et seq.) and Gov. Code Section 53075.5 for all Drivers
and meeting the following requirements:
6.3.2.1. A contract with a drug and alcohol program administrator and
authorized lab certified by the DOT;
6.3.2.2. Procedures in substantial compliance with Part 40 of Title 49
of the Code of Federal Regulations, for preemployment or
pre -licensing and licensing renewal;
6.3.2.3. Procedures in substantial compliance with Part 382 of Title 49
of the Code of Federal Regulations for rehabilitation, return -
to -duty and follow up testing;
6.3.2.4. Procedures and components for random testing following
DOT guidelines, annual minimum random testing rates, and
additional tests as required following accidents, rehabilitation,
return -to -service, and other circumstances providing
reasonable suspicion to test;
6.3.2.5. When requested, random testing reports to be made available
to the City by the program administrator;
6.3.2.6. The applicant's and program administrator's records shall be
made available to the City upon request within two (2)
calendar days;
6.3.2.7. The test results must be provided to the City by the testing
facility; and
6.3.2.8. Drivers must show a valid California driver license at the time
and place of testing.
6.3.3. Submission of proof of insurance in the type and amounts required by
the City, including endorsements and waivers as may be required by the
City Risk Manager, but in no event less than the minimum coverage
required by Gov. Code Section 16500, as may be amended.
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SS2-502
6.3.4. Submission of a DMV Pull Notice Program Requester Code Number
issued to applicant, as defined in Veh. Code Section 1808.1, continuous
enrollment in the Pull Notice program, and the following:
6.3.4.1. All Drivers must be enrolled in the program within seven (7)
calendar days from inception of the program or date of
affiliation;
6.3.4.2. Notify the City upon receipt of a DMV Pull Notice for any Driver
that indicates an action that disqualifies the Driver for a
Taxicab Driver's Permit;
6.3.4.3. Require the Driver to immediately cease operation and
surrender their Taxicab Driver's Permit, and return the
Taxicab Driver's Permit to the City within two (2) calendar
days of a DMV Pull Notice receipt; and
6.3.4.4. DMV Pull Notice records shall be made available to the City
within two (2) calendar days of request.
6.3.5. Submission of proof of current DMV registration for each Taxicab listed
in the Taxicab Business Permit application, which complies with the
registration requirements set forth in these Regulations.
6.3.6. Submission of proof of completion of a DOJ background check with Live
Scan fingerprinting at an approved DOJ finger printing agency for each
owner, partner, or principal of the applicant, the results of which shall not
contravene the requirements of these Regulations.
6.3.7. Submission of proof of enrollment in the DOJ subsequent arrest
notification program.
6.3.8. Submission of a list of all Drivers authorized to operate Permittee's
Taxicabs.
6.3.9. Payment of all applicable fees.
6.3.10. Identification of the principal place of business from which Taxicab
Business is, or will be, conducted.
6.3.11. There are no grounds for denial of a Taxicab Business Permit as
outlined in these Regulations.
6.4. Denial. A Taxicab Business Permit application shall be denied on any of the
grounds set forth in this section.
6.4.1. The applicant is less than 18 years of age.
6.4.2. The applicant falsifies material information on its application.
6.4.3. The applicant does not meet the additional eligibility standards in
Section 9 of these Regulations.
6.4.4. The applicant fails to fully satisfy any court judgment entered against it
arising from liability for operating a Taxicab Business, including, but not
limited to, judgments related to collisions or operating without the
SS2-503
requisite insurance, within ten (10) years from the date that the judgment
was originally entered pursuant to Code of Civil Procedure Sections
683.020 and 683.030, or if the judgment has been renewed, within ten
(10) years from the date that the application for renewal of judgment is
filed pursuant to Code of Civil Procedure Section 683.120.
6.5. Suspension or Revocation.
6.5.1. A Taxicab Business Permit may be suspended or revoked for any of the
following reasons:
6.5.1.1.
Providing late, false, or inaccurate information in the
application;
6.5.1.2.
Allowing operation of a Taxicab by a Person not possessing a
valid Taxicab Driver's Permit;
6.5.1.3.
Charging fares at a rate higher than the maximum authorized;
6.5.1.4.
Failure to cooperate in good faith with law enforcement
officers, code enforcement officers, or City staff;
6.5.1.5.
Failure to maintain insurance as required by these
Regulations;
6.5.1.6.
Failure to comply with the drug and alcohol policy required by
these Regulations;
6.5.1.7.
Failing to fully satisfy any court judgment entered against the
Permittee arising from liability for operating Taxicabs,
including, but not limited to, judgments related to collisions or
operating without the requisite insurance, within ten (10) years
from the date that the judgment was originally entered
pursuant to Code of Civil Procedure Sections 683.020 and
683.030 or, if the judgment has been renewed, within ten (10)
years from the date that the application for renewal of
judgment is filed pursuant to Code of Civil Procedure Section
683.120;
6.5.1.8.
Circumstances providing grounds for denial of a Taxicab
Business Permit as outlined in these Regulations;
6.5.1.9.
Violating Gov. Code Section 53075.9 pertaining to
advertising; or
6.5.1.10.
Failure to comply with these Regulations.
6.5.2. The period of suspension shall be one (1) year from the date all
operation
of Taxicab Business Substantially Located in the City has
ceased in
compliance with the suspension.
6.5.3. A Person
whose Taxicab Business Permit is revoked shall be ineligible
to apply for a Taxicab Business Permit for two (2) years from the date
0
SS2-504
all operations of a Taxicab Business Substantially Located in the City
have ceased in compliance with the revocation.
6.5.4. It shall be the duty of the Taxicab Business to notify the City when
operations have ceased in compliance with a suspension or revocation,
or after the period of suspension or revocation has elapsed, provide
adequate proof to the satisfaction of the City of the date that operations
ceased in compliance with the suspension or revocation.
7. TAXICAB DRIVER'S PERMITS
7.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab
Business that is Substantially Located in the City unless that person is operating
on behalf of a Permittee and possesses a Taxicab Driver's Permit.
7.2. Term. A Taxicab Driver's Permit shall expire two (2) years from its effective date,
unless renewed or revoked.
7.3. Restrictions. A Taxicab Driver's Permit is only valid for the Driver to operate a
Taxicab for the Permittee indicated on the Taxicab Driver's Permit. Reproduction
of a Taxicab Driver's Permit is strictly prohibited, except that a Permittee may copy
a Taxicab Driver's Permit for recordkeeping purposes. A Taxicab Driver's Permit
shall list the name of the Permittee.
7.4. Issuance. A Taxicab Driver's Permit shall be issued if all of the following
requirements have been satisfied:
7.4.1. Submission of a complete application, including signature of the
Permittee the Driver is employed, has an offer of employment, or on
whose behalf the Driver intends to operate a Taxicab;
7.4.2. Submission of proof of a valid California driver license (Class C);
7.4.3. Submission of a DMV K4 driver record report, or other equivalent DMV
issued driver record report, which is no older than thirty (30) days prior
to submission of the application for a Taxicab Driver's Permit, showing
that the Driver is in compliance with these Regulations;
7.4.4. A negative drug and alcohol screening test administered by a
Permittee's program administrator within the previous thirty (30) days in
compliance with Gov. Code Section 53075.5(b)(3);
7.4.5. Proof of enrollment in a Permittee's current and active random drug and
alcohol program;
7.4.6. Submission of proof of completion of a DOJ background check with Live
Scan fingerprinting at an approved DOJ finger printing agency, the
results of which shall not contravene the requirements of these
Regulations;
7.4.7. Submission of proof of enrollment in the DOJ subsequent arrest
notification program;
7.4.8. Payment of all applicable fees; and
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SS2-505
7.4.9. There are no grounds for denial of a Taxicab Driver's Permit as set forth
in these Regulations.
7.5. Denial. A Taxicab Driver's Permit shall be denied for any of the following reasons:
7.5.1. The applicant is less than 18 years of age;
7.5.2. The applicant does not possess a valid Class C California driver license;
7.5.3. The applicant fails to enroll in the required random drug and alcohol
program;
7.5.4. The applicant failed a drug and/or alcohol test required by these
Regulations within the prior twelve (12) months;
7.5.5. The applicant falsifies, or fails to disclose, material information on the
application for a Taxicab Driver's Permit;
7.5.6. The applicant does not meet the additional eligibility standards in
Section 9 of these Regulations; or
7.5.7. A DMV K4 report shows convictions in contravention of these
Regulations, or shows a pattern of reckless or dangerous driving that
poses an unreasonable risk to the health and safety of the public.
7.6. Suspension or Revocation.
7.6.1. A Taxicab Driver's Permit may be suspended or revoked for any of the
reasons set forth below:
7.6.1.1. Revocation or suspension of a California driver license;
7.6.1.2. Notification received by the City that the Driver is no longer an
authorized driver for its designated Permittee;
7.6.1.3. Testing positive on a drug and alcohol screening, or failure to
submit to a random drug and alcohol testing program;
7.6.1.4. Not enrolled or active in the required random drug and alcohol
program;
7.6.1.5. Failure to cooperate with law enforcement officers, code
enforcement officers, or City staff;
7.6.1.6. Circumstances providing grounds for denial of a Taxicab
Driver's Permit as set forth in these Regulations; or
7.6.1.7. Failure to comply with the applicable provisions of these
Regulations.
7.6.2. The period of suspension shall be six (6) months from the date the
Person has ceased all operations as a Driver for any Permittee in
compliance with the suspension.
7.6.3. A Person whose Taxicab Driver's Permit is revoked shall be ineligible to
apply for a Taxicab Driver's Permit for one (1) year from the date the
10
SS2-506
Person has ceased all operations as a Driver for any Permittee in
compliance with the revocation.
7.6.4. It shall be the duty of the Driver or a Permittee to notify the City when
the Driver has ceased operation of any Taxicab for a Permittee that is
Substantially Located in the City in compliance with a suspension or
revocation, or after the period of suspension or revocation has elapsed,
provide adequate proof to the satisfaction of the City of the date that the
Driver ceased operation of any Taxicab for a Permittee that is
Substantially Located in the City in compliance with the suspension or
revocation.
7.7. Transfer.
7.7.1. A Driver may request a transfer of its Taxicab Driver's Permit to a
different Permittee if the following requirements have been met:
7.7.1.1. Submission of the required forms to transfer a Taxicab
Driver's Permit which have been signed by an authorized
representative of the prospective Permittee;
7.7.1.2. Payment of a Taxicab Driver's Permit transfer fee, if any;
7.7.1.3. Proof of possession of a valid Class C California driver
license;
7.7.1.4. Possession of a valid Taxicab Driver's Permit to be
transferred; and
7.7.1.5. Proof of verification of enrollment in the prospective
Permittee's current and active random drug and alcohol
program.
7.7.2. A Driver shall not operate a Taxicab on behalf of a different Permittee
until the Taxicab Driver's Permit is transferred to the intended Permittee,
the new Taxicab Driver's Permit is in possession of the Driver, and the
new Taxicab Driver's Permit is displayed as required by these
Regulations.
7.7.3. Transfer of a Taxicab Driver's Permit shall not extend the term of the
permit.
8. TAXICAB VEHICLE PERMITS
8.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab
Business that is Substantially Located in the City without a Taxicab Vehicle Permit.
8.2. Term. A Taxicab Vehicle Permit shall expire one (1) year from its effective date,
unless renewed or revoked.
8.3. DisplaV. A Taxicab Vehicle Permit must be displayed in the left-hand corner of the
rear window of the Taxicab for which the Taxicab Vehicle Permit is issued.
8.4. Non -Transferrable. A Taxicab Vehicle Permit is nontransferable, and shall be
issued only for one vehicle.
11
SS2-507
9.
8.5. Issuance. A Taxicab Vehicle Permit shall be issued for a vehicle if the following
criteria are met:
8.5.1. The applicant for the Taxicab Vehicle Permit is a Permittee;
8.5.2. Submission of proof that the vehicle passed inspection at an ASE-
certified or BAR -registered facility, no older than thirty (30) days prior to
the application, signed by the inspecting facility, and showing that the
vehicle has met all inspection standards;
8.5.3. Submission of proof of financial responsibility pursuant to Veh. Code
Sections 16020 through 16028 that covers the vehicle; and
8.5.4. The vehicle is not designed or equipped to seat more than eight (8)
passengers.
8.6. Suspension or Revocation.
8.6.1. A Taxicab Vehicle Permit may be suspended or revoked for any of the
following reasons:
8.6.1.1. The Vehicle is determined by a law enforcement officer, code
enforcement officer, or qualified City staff not to be in a safe
operating condition, or in compliance with the Veh. Code;
8.6.1.2. The Vehicle is subject to impound or removal by law
enforcement pursuant to state law;
8.6.1.3. Failure to cooperate with law enforcement officers, code
enforcement officers, or City staff in the inspection of the
Vehicle;
8.6.1.4. Failure to provide proof upon request by law enforcement,
code enforcement, or City staff of financial responsibility
pursuant to Veh. Code Sections 16020 through 16028 that
covers the vehicle; or
8.6.1.5. Failure to comply with the applicable provisions of these
Regulations.
8.6.2. The period of suspension shall be until satisfactory proof is presented to
the City that the Taxicab successfully passed a new inspection as
required by these Regulations, and that none of the reasons for
suspension exist.
8.6.3. In the event a Taxicab cannot successfully pass inspection or cure any
of the reasons for suspension, then the Taxicab Vehicle Permit shall be
permanently revoked.
ADDITIONAL ELIGIBILITY STANDARDS
9.1. A Person shall not be eligible for a Taxicab Business Permit or a Taxicab Driver's
Permit if the Person is convicted, pleads guilty, or nolo contendere in any state to
any of the offenses listed in this section or their equivalent.
12
SS2-508
9.1.1. Penal Code. Pen. Code violations including homicide, mayhem,
kidnapping, hostages, robbery, attempted murder, assault with intent to
commit a felony, false imprisonment, human trafficking, assault and
battery (Pen. Code Sections 187-248); rape, abduction, carnal abuse of
children, pandering, pimping, and seduction (Pen. Code Sections 261-
269); child abduction (Pen. Code Sections 277-280); forgery or
counterfeiting (Pen. Code §§470-483.5); false personation or cheats
(Pen. Code Sections 528-539); or is required to register as a sex
offender (Pen. Code Sections 290-294).
9.1.2. Vehicle Code Violations. Veh. Code violations including disregard for
safety of persons or property (Veh. Code Sections 2800.2); flight from
peace officer causing death or bodily injury (Veh. Code Section 2800.3);
and violation of the duty to stop at scene of accident resulting in death
or injury (Veh. Code Section 20001).
9.1.3. Felony Conviction for Controlled Substances. Any felony based on
the manufacture, use, sale, possession, or transportation of controlled
substances, including marijuana (Health & Saf. Code Sections 11000-
11651).
9.1.4. Felony Conviction for Weapon Offenses. Any felony based on the
manufacture, use, sale, possession, or transportation of weapons,
firearms or ammunition.
9.1.5. Other Felony Convictions in the Past Eight Years. Any felony
conviction within the past eight (8) years other than those felonies
expressly identified in this Section 9.
9.1.6. Other Vehicle Code Violations in the Past Five Years: Veh. Code
violations within the past five (5) years including reckless driving (Veh.
Code Section 23103); driving under the influence of intoxicating liquors
or drugs (Veh. Code Sections 23152-23229.1); flight from peace officer
(Veh. Code Section 2800.1); violation of duty to stop at the scene of an
accident not resulting in death or injury (Veh. Code Section 20001);
violation of duty to stop at the scene of an accident where property is
damaged (Veh. Code Section 20002); and violation of duty to give
personal information when involved in an accident resulting in injury or
death (Veh. Code Section 20003).
9.1.7. Misdemeanor Conviction Relevant to Fitness for a Taxicab Driver's
Permit or Taxicab Business Permit in the Past Five Years. Any
misdemeanor conviction in the past five (5) years substantially related
to the fitness, qualifications, functions or responsibilities of a Taxicab
Driver or Permittee.
10. ADVERTISING
10.1. Permittee. A Permittee shall ensure that its Taxicab Business Permit number is
conspicuously visible in all Advertisements, as required by Gov. Code Section
53075.9. The Taxicab Business Permit number shall be displayed as "Newport
13
SS2-509
Beach Taxicab Business Permit #XXX". Advertisements must use the Permittee's
name as it is listed on its Taxicab Business Permit.
10.2. Driver. Every Driver shall comply with Gov. Code §53075.9 and include, in every
Advertisement for Taxicab services, the name of the Permittee, the Permittee's
Taxicab Business Permit number, and the Taxicab Driver's Permit number.
11. PERMITS GENERALLY
11.1. Renewal of Permit.
11.1.1. An application for renewal of a permit subject to these Regulations shall
be submitted to the City at least thirty (30) days prior to the expiration of
the permit. Acceptance of late applications for renewal shall be at the
City's discretion.
11.1.2. A permit that is more than thirty (30) days expired shall be ineligible for
renewal.
11.1.3. A permit that is renewed shall continue for an additional period equal to
the term of the original permit, commencing upon the expiration of the
immediately preceding term.
11.1.4. A permit may be renewed if the following conditions are met:
11.1.4.1. Submission of the required forms for renewal of the permit;
11.1.4.2. Payment of fees applicable for renewal, if any;
11.1.4.3. The Person or Vehicle that is the subject of the permit is
eligible for issuance of the permit pursuant to these
Regulations;
11.1.4.4. Renewal of a Taxicab Business Permit requires the applicant
to provide documentation of trip data in the format required by
the City reflecting the total number of prearranged and non -
prearranged trips, when each trip took place, and where each
trip originated;
11.1.4.5. Renewal of a Taxicab Driver's Permit requires proof that the
Person has passed a drug and alcohol screening within the
prior twelve (12) months, unless the Person has failed a test
more recently that the prior twelve (12) months, in which case
proof of passing a drug and alcohol screening within the prior
seven (7) days; and
11.1.4.6. Renewal of a Taxicab Vehicle Permit shall require proof, no
older than thirty (30) days prior to the application, that the
vehicle has passed inspection at an ASE-certified or BAR -
registered facility.
11.1.5. A Person may apply for renewal of their permit during the period that it
is suspended. A renewed permit shall not be reinstated or returned to
14
SS2-510
the Person until the conditions for reinstatement of a suspended permit
set forth in these Regulations has been satisfied.
11.1.6. The term of a suspended or surrendered permit shall not be extended
by the period of suspension or surrender.
11.2. Replacement of Permit. A replacement for a lost or damaged permit issued
pursuant to these Regulations may be obtained from the City upon payment of any
applicable fees established by resolution of the City Council. Issuance of a
replacement permit shall not extend the term of the permit.
11.3. Surrender of Permit. The following permits shall be immediately invalid and shall
be surrendered to the City within two (2) calendar days if any of the following
occurs:
11.3.1. A Taxicab Business Permit, Taxicab Driver's Permit, or Taxicab Vehicle
Permit expires, is suspended, or revoked;
11.3.2. A Taxicab Business Permit, and all affiliated Taxicab Driver's Permits
and Taxicab Vehicle Permits if a Permittee sells, dissolves, or terminates
its Taxicab Business;
11.3.3. A Taxicab Driver's Permit if the Driver's employment or affiliation with a
Permittee terminates and is not transferred pursuant to these
Regulations;
11.3.4. A Taxicab Driver's Permit if the Driver becomes ineligible for issuance
of a Taxicab Driver's Permit under these Regulations;
11.3.5. A Taxicab Vehicle Permit if the corresponding Taxicab is permanently
removed from service; and
11.3.6. A Taxicab Vehicle Permit if the corresponding Taxicab has been
removed from the Permittee's approved insurance policy.
11.4. Reinstatement of a Suspended or Surrendered Permit.
11.4.1. A Person whose permit was suspended or surrendered may request
return and reinstatement of the permit for the remaining balance of the
unexpired term, provided that the following conditions have been
satisfied:
11.4.1.1. All applicable fines and fees have been paid;
11.4.1.2. All terms and conditions of any administrative or judicial
decision have been fulfilled;
11.4.1.3. Any period of suspension has passed;
11.4.1.4. The Person or Vehicle that is the subject of the permit is
eligible to be issued the permit pursuant to these Regulations;
and
11.4.1.5. The permit remains otherwise valid, has not expired, been
revoked, and is not suspended.
15
SS2-511
11.4.2. The term of a suspended or surrendered permit shall not be extended
by the period of suspension or surrender.
12. REPORTING VIOLATIONS
12.1. Investigation. The City may investigate for violations of these Regulations and
take any appropriate actions necessary to ensure compliance, including but not
limited to, administrative actions, citations, fines, and other remedies for
enforcement.
12.2. Reporting Violations. Reports alleging illegal Taxicab operation or violation of
these Regulations shall require all of the following information be provided in order
to warrant investigation by the City:
12.2.1. Date, time and location;
12.2.2. Description of activity; and
12.2.3. Vehicle's license plate number, color, make and model, and any
distinctive characteristics.
12.3. Advertising Violations. Reports alleging a violation pertaining to Advertising must
provide a copy or sample of the Advertisement (such as the sign, business card,
advertising display, webpage, electronic recording or phone directory) evidencing
non-compliance with these Regulations or state law.
13. ENFORCEMENT
13.1. Citations. Compliance with the provisions of these Regulations may be secured
under the provisions of Chapter 1.04 or 1.05 of the Municipal Code, and the
schedule of fines set forth therein.
13.2. Cumulative. In lieu of, or in addition to, the remedies set forth herein and in
Chapter 1.04 and 1.05 of the Municipal Code, the City may suspend or revoke any
permit based on the grounds set forth in these Regulations.
13.3. Not Exclusive. The foregoing remedies shall not be exclusive, but shall be in
addition to any other remedy available to the City at law or in equity.
14. ADMINISTRATIVE APPEALS
14.1. Appeal of Administrative Citation. Appeals of administrative citations issued to
enforce the provisions of these Regulations shall follow the procedures and time
limits set forth in Municipal Code Chapter 1.05, including Section 1.05.030 Service
Procedures, Section 1.05.040 Contents of Administrative Citation, Section
1.05.060 Appeal of Administrative Citation, Section 1.05.070 Hearing Officer,
Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing Officer's Decision,
Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and Section
1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative
Citation.
14.2. Appeal of Administrative Decision or Action. Appeals of denials of issuance or
renewal of a permit, or for administrative action to suspend or revoke a permit,
shall follow the procedures and time limits set forth in Municipal Code Chapter
16
SS2-512
1.05, including Section 1.05.030 Service Procedures, Section 1.05.060 Appeal of
Administrative Citation, Section 1.05.070 Hearing Officer, Section 1.05.080
Hearing Procedure, Section 1.05.090 Hearing Officer's Decision, Section 1.05.100
Failure to Pay Fines, Penalties, Costs or Fees, and Section 1.05.110 Right to
Judicial Review of Hearing Officer's Decision on Administrative Citation.
14.3. Stay. If an appeal is properly submitted to the City in accordance with Municipal
Code Section 1.05.060, the citation, decision, or action shall be stayed pending
the final determination of the appeal, unless the City notifies the appellant in writing
that the action is not stayed during the appeal because the continued operation of
the affected Taxicab, Driver, or Taxicab Business, as applicable, would pose a risk
to the health or safety of the public.
15. CONFLICTS
15.1. Vehicle Code. In the event of a conflict between the provisions of these
Regulations, on the one hand, and the provisions of the Veh. Code or California
Code of Regs., on the other hand, the latter shall control.
15.2. California Law. All references to statutes contained in these Regulations refer to
the statutes of the State of California except as otherwise indicated.
16. ADMINISTRATIVE POLICIES AND PROCEDURES
16.1. The City Manager may adopt administrative policies and procedures to
supplement and carry out these Regulations.
End of Regulations
17
SS2-513
ATTACHMENT A
CITY OF NEWPORT BEACH APPROVED TAXICAB METERED RATES
FOR ON -DEMAND (FLAGGED) TRIPS
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile)
$32.00 per hour wait time (Approximately $0.53 per minute)
No Extra Charge for Additional Passengers
SS2-514
ATTACHMENT C
L-21
SIDEWALK CAFE STANDARDS AND PROCEDURES
Purpose
These standards and procedures are adopted pursuant to Municipal Code Chapter 13.18, and any successor
chapter, to encourage appropriate outdoor activities in the public right-of-way, to ensure that the space used
for outdoor dining in the public sidewalk shall serve a public purpose, to ease the process of obtaining
permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the
sidewalk adjacent to sidewalk cafes.
Definitions
Sidewalk Cafe. An outdoor dining area on a public sidewalk where patrons may consume food and/or
beverages provided by an abutting food service establishment. Such establishments may either provide table
service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.
These regulations do not apply to outdoor dining on private property.
General Provisions
A. Encroachment Permit required. Outdoor dining on a public sidewalk may occur only pursuant
to a Sidewalk Cafe License Encroachment Permit (hereinafter "Encroachment Permit").
B. Sidewalk Cafes shall be prohibited in Shared Bicycle/Pedestrian Facilities. Locations of Shared
Bicycle/Pedestrian Facilities where sidewalk cafes are prohibited shall include the following
fellows:
Campus Drive — south side Von Karman Ave. to Jamboree Rd.
Irvine Avenue — east side Orchard Ave. to Bristol St.
Jamboree Road — west side
MacArthur Boulevard — east side
Ocean Front
Eastbluff Dr. North to Campus Dr.
Jamboree Rd. to Campus Dr.
F St. to McFadden Place & westerly
of Ocean Front parking lot to 36th St.
Riverside Avenue — north side Cliff Dr. to 150 feet north of Avon Ave.
San Joaquin Hills Road — south side MacArthur Blvd. to Marguerite Ave.
San Miguel Drive — west side Port Sutton Dr. to San Joaquin Hills Rd.
SS2-515
L-21
San Miguel Drive — both sides San Joaquin Hills Rd. to Avocado Ave.
Prohibited leeations. Outside dining shall not be pefmitted on sidewalks designmed by City Cou
C. Encroachment Permit transfer. An Encroachment Permit may be transferred to a subsequent
operator of the same establishment subject to approval by the Public Works Director and payment
of an Encroachment Permit transfer fee established by resolution of the City Council. Prior to
approval of the transfer the Public Works Director may modify the terms of the permitEncroachment
Permit as deemed appropriate to protect public health, safety and welfare.
D. Zoning requirements. Outdoor dining on a public sidewalk shall be subject to the requirements
provided in Municipal Code Section 20.48.090 (Eating and Drinking Establishments) or ar�y
r statt e An Encroachment Permit may be processed concurrently with any permits
required by the Zoning Code.
aircccvr.
EF. Authority of the Public Works Director, Appeal. The location and configuration of any sidewalk
cafe shall be subject to approval by the Public Works Director, who shall consider public safety
issues unique to the pedestrian and vehicular needs of the specific location when reviewing
Encroachment Permit applications. Notwithstanding a other- pr-ovisions f this pelie , the -Pu
Works Dir-eeter- shall have the atithefivy to deny any Efier-oaehment Pefmit appliea4ien or- r-eveke any
existing pemit if it is detefmined to be detfimental to publie health, safiat-y or- general . The
deeision of the P4he Works Dir-eeter- may be appealed to the City Manager- by the appheant. The
deeision of the City Manager- shall be final.
F. Inspection. The Public Works Department may inspect improvements within the public ri h
wav at anv time without notice to the Permittee.
G. Conditions of approval. The Public Works Director shall have the authority to i1pply conditions to
the approval of Encroachment Permits as appropriate to ensure compliance with the provisions of
this policy. The following standard conditions of approval shall be included in the Encroachment
Permit:
G1. Indemnification. The Encroachment Permit shall contain a condition requiring the Permittee
Ito defend, indemnify and hold the City and its employees harmless from and against
any loss or damage arising from the use or existence of the improvements or encroachment
authorized under an Encroachment Permit, which language shall be approved by the City
Attorney.
142. Insurance. The Encroachment Permit shall contain a condition requiring the Permittee to
obtain and maintain insurance, which types and amounts Pet:f ittee shall obtain and maintain
in feree,shall be determined by the Risk Manager. , broad
fefm pr-epeAy damage and blanket eepAfaetual liability insuf abined single limi
2 SS2-516
L-21
•
• •
-
Ifimm
Moll
. :
::
: .:.., ...
ffl
N3. itEncroachment Permit limitations. This ,.o,-mit ; issued ; eenfofmaneewith ATv.t,po ft
peliey,zelating to--eutdoeFdining on publie sidewalks. However-, ilssuance of the
Encroachment this Ppermit does not imply that all governmental agency requirements for
starting a new restaurant or expanding an existing one have been satisfied. Business owners
are responsible for securing and complying with all required licenses and permits from other
agencies including the state Alcoholic Beverage Control Board, the County Health
Department, and the City ,.f,.To..r oft Bo.,e . Sale of alcoholic beverages in outdoor dining
areas shall comply with Newport Beach Municipal Code Section 10.04.010 and Council
Policy K-7 (Determination of Convenience and Necessity of Alcoholic Beverage
9a4letsPremises),
04. No alterations. The floor of the outdoor dining area shall be maintained at the same level as
the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings
for recessed sleeves) shall be installed unless expressly approved by the Public Works
Director.
SS2-517
L-21
P5. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings
adjacent to these dining areas shall maintain building egress as defined by the latest adopted
editions of the --Title 24 of the California Code of Regulations, T4k-24 Disabled Access
Standards, .
Q6. Management. Restaurant management shall operate the outdoor dining areas in compliance
with the terms and conditions of their Encroachment pPermit and shall not delegate or assign
the responsibility. The Permittee shall ensure that sidewalk cafe patrons do not disturb
persons on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive
words, or disruptive behavior.
R7. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food
scraps, greases and oils, and soiled dishes and utensils at all times. Trash receptacles shall
be provided in outdoor dining areas used for consuming take-out items unless public trash
receptacles located nearby are determined to be adequate by the Public Works Director. At
the end of each business day, establishments are required to clean (sweep and wash) the
entire sidewalk in and around the outdoor dining area (including street and gutter areas) and
remove debris to a closed receptacle. No debris shall be swept, washed, or blown into the
sidewalk, gutter or street. If disposable materials are used, the establishment shall comply
with all applicable City recycling programs. Awnings and umbrellas shall be washed
whenever they are dirty and, in any event, no less than two times each year. Private trash
receptacles shall be emptied daily.
-98. Furniture removal. When the establishment stops serving for the day and patrons already
seated in it leave, further seating in the outdoor dining area shall be prohibited and the
outdoor dining furniture shall be removed from the right-of-way unless otherwise approved
in the Encroachment Permit.
9T-. Plans and permits. All City -approved plans and permits for the outdoor dining area shall be
kept on the premises for inspection at all times when the establishment is open for business.
with all applileable statues and flegulations. Management may also pt:ohibit smoking in the
outdoor- dining
10. Abatement. In the event that the Permittee fails to abide by the terms and conditions of the
Encroachment Permit, the Public Works Director may summarily abate any prohibited
improvements and the Permittee shall pay all costs incurred by the City to abate the
prohibited improvements.
W 11. Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately
remove the barriers around the outdoor dining area, return the sidewalk to its original
condition, and remove all personal property, furnishings, and equipment from the sidewalk.
4 SS2-518
L-21
Any personal property remaining on the premises shall be removed pursuant to the laws of
the State of California and the City.
.hoea4ions where sidewalk eafes are mor-ohibited. Sidewalk Cafes shall be prohibited in Shar-eA
San -Miguel Drive both sides San joaquin HillszR to AvoeadoA-v
Application Procedure
A. An Encroachment Permit shall be required for all encroaching furniture and improvements. The
application shall be filed with the Public Works Department on a form provided by the Public Works
Department. The application shall be signed by the owner of the property, or his authorized agent.
Authorized agents shall submit written authorization. The application shall be accompanied by a
site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature
and extent of all proposed improvements and objects within the encroachment zone. All fixed
features such as tree wells, signposts, parking meters, fire hydrants, news racks, etc. within twenty
(20) feet of the encroachment zone shall be depicted on the site plan.
B. Prior to issuance of the Encroachment Permit the applicant shall provide both the Certificate of
Insurance and the completed standard Special Endorsement in a form meeting the approval of the
Public Works Director and the City Attorney.
Term
Valid Eencroachment Ppermits shall remain in effect until modified or revoked.
Sidewalk Cafe Development Standards
A. Horizontal clearance. A clear, continuous pedestrian path not less than six (6) feet in width shall be
required for pedestrian circulation outside of the outdoor dining area, provided that the Public Works
Director may require more than six (6) feet if necessary to protect the public safety. Areas with
heavy pedestrian traffic shall be required to maintain a minimum of eight (8) feet clear width on the
SS2-519
L-21
sidewalk. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved
to City standards, between the outside boundary of the dining area and any obstruction, including
but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and
curb lines. These requirements may be modified at the discretion of the Public Works Director in
locations where unusual circumstances exist and where public safety would not be jeopardized.
B. Allowable uses. An outdoor dining area may incorporate street trees or street furniture, provided
that the required pedestrian path is maintained outside of the outdoor dining area.
C. Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner,
a ten (10) foot setback from the corner of the building shall be maintained along both frontages.
When an outdoor dining area is located adjacent to a driveway or an alley, a five (5) foot setback
shall be maintained from the driveway or alley. These requirements may be modified at the
discretion of the Public Works Director in locations where unusual circumstances exist and where
public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining
area is wider than usual or the perimeter of the building has an unusual configuration).
D. Extension to adjacent properties. Subject to approval of the Public Works Director and the
limitations of Newport Beach Municipal Code Section 20.48.090(D), statute, -an
outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written
consent of both the adjacent business owner and property owner.
Design Standards
A. Barriers.
1. No barrier shall be required if the applicant proposes to limit the outdoor dining area to one
row of table and chairs abutting the wall of the establishment and if no alcohol shall be
served.
2. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a
physical barrier that meets the requirements of this policy and of the Alcoholic Beverage
Control Board.
3. Barriers should complement the building facade as well as any street furniture and be
somewhat transparent (such as wrought iron) and shall be able to withstand inclement
weather. Barriers must be seventy percent (70%) transparent and shop drawings showing the
design must be submitted to the Public Works Department for approval upon request.
4. Barriers shall conform to the Public Works Department installation standards and be
removable. Barriers and furniture shall be removed at the end of each business day unless
otherwise approved by the Public Works Department. Barriers shall be designed to be
sectional in nature and easily removed by no more than two people. Barriers may be
anchored through the use of recessed sleeves and posts, by wheels that can be locked into
place, or weighted bases, however, when they are removed, the resulting surface must be
flush with the sidewalk.
6 SS2-520
L-21
5. The height of any barrier shall not exceed three (3) feet six (6) inches.
B. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table
umbrellas may be permitted, provided they do not interfere with street trees. No portion of an awning
shall be less than eight (8) feet above the sidewalk and no portion of an umbrella shall be less than
seven (7) feet above the sidewalk. Awnings may extend up to five (5) feet from the building front
or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Awnings shall have
no support posts located within the public right-of-way. A building permit must be obtained prior
to installation of an awning. Heaters, electrical lighting, and/or planting shall not be attached to the
awning structure.
C. Ling. Outdoor lighting fixtures shall compliment the style of the building. Lighting fixtures shall
not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the
outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical
fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed
electrician under an electrical permit from the Building Department. Battery operated lamps or
candles shall be permitted.
D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other
fixtures shall compliment the architectural style and colors of the building facade and street
furniture.
E. Sins. Notwithstanding any other provision in the Newport Beach Municipal Code, signs and logos
shall be permitted on umbrellas in outdoor dining areas.
F. Heaters. Portable propane heaters shall be allowed within the outdoor dining area.
G. Landscaping. Any landscaped pots or planters, if desired, shall be placed within the permitted
barrier. Such planters shall be portable and not line the barrier in a continuous fashion. The height
of planter and plantings shall not exceed forty-two (42) inches. Barriers and awnings shall not be
planted with vines. All planters and pots shall be placed on the interior of the barrier.
Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because
plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto
the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems
to retain seepage and be elevated to allow for air flow of at least one (1) inch between saucers and
sidewalk.
Fees
A. Application fee. An application fee established by resolution of the City Council shall be paid at the
time an Encroachment Permit application is submitted to the Public Works Department.
B. Transfer fee. A transfer fee established by resolution of the City Council shall be paid at the time an
Encroachment Permit transfer application is submitted to the Public Works Department.
SS2-521
L-21
C. Annual use fee. An annual use fee established by resolution of the City Council shall be paid upon
annual renewal of an Encroachment Permit. No use fee shall be charged during the first year of
operation.
Violation/Remedy
The Public Works Director may revoke the Encroachment Permit at any time if it is determined that
continued operation of the sidewalk cafe is detrimental to the public interest, or the Permittee is in violation
of the conditions set forth in the Encroachment Permit.
in the overt that a If a Permittee fails to abide by the provisions of this policy or the terms and conditions
of an Eencroachment Ppermit, the Public Works Director may summarily abate any encroachment or
improvement that is in violation of this policy or the terms and conditions of an Encroachment Permit. The
Permittee or property owner shall pay all costs incurred by the City in abating the encroachment or
improvement.
The Permittee or property owner may appeal to the City Manager the decision of the Public Works Director
to revoke an Encroachment Permit or the cost incurred to abate an encroachment/improvement, within ten
(10) days of receiving notice of the revocation or demand for payment of the abatement costs to the
Eger. The determination of the City Manager with respect to the appeala''� shall be final as to
the City but subject to judicial review pursuant to Cal. Code Civ. Proc. 1094.5.
History
Adopted L-19 —
3-11-1996
Amended L-19
— 5-28-1996 (changed to L-21)
Amended L-21
— 3-22-1999
Amended L-21
— 4-23-2002
Amended L-21
— 8-14-2018
Amended L-21
- 11-14-2023
SS2-522
ATTACHMENT D
�EwPo— CITY OF
s NEWPORT BEACH
`q<Fo'P PB&R Commission Staff Report
Item VI-C
September 5, 2023
FROM: Sean Levin, Recreation and Senior Services Director
949-644-3159, slevin(d)_newportbeachca.gov
Micah Martin, Public Works Deputy Director, Municipal Operations
949 644-3055, mmartin@newportbeachca.gov
TO: Parks, Beaches & Recreation Commission
TITLE: Newport Beach Municipal Code and Council Policy Manual Review
RECOMMENDATION:
Staff recommends that the Parks, Beaches and Recreation (PB&R) Commission:
1. Review the final draft of proposed modifications to the Newport Beach Municipal
Code and Council Policy Manual made by the Municipal Code and Council Policy
Ad Hoc Committee and forward to City Council for review and approval.
2. Approve the removal of the Santa Monica -Style Bench as a donation option in
the B-17 Policy.
FUNDING REQUIREMENTS:
No costs related to this item.
DISCUSSION:
In September 2022, the City Council formed an ad hoc committee, comprised of three
City Council Members appointed by the Mayor and confirmed by the Council, to review
the Newport Beach Municipal Code (NBMC) and City Council Policies. On April 11,
2023, City Council adopted Resolution No. 2023- 8, extending the expiration date of the
ad hoc committee to June 30, 2024, and directed the PB&R commission to form an ad
hoc committee to review and provide recommendations on NBMC and City Council
Policies within the Commission's jurisdiction.
On May 2, 2023, the PB&R Commission appointed Commissioners Daruty, Ignatin, and
Malouf to serve on the Municipal Code and Council Policy Ad Hoc Committee to assist
with review and forward recommendations to City Council.
Public Works and Recreation and Senior Services staff reviewed NMBC Chapter 11.03,
11.04, and 13 and Council Policy Sections B1-B-17, G-1, G-6 and L-6 and provided the
SS2-523
Newport Beach Municipal Code and Council Policy Manual Review
September 05, 2023
Page 2
PB&R ad hoc committee with proposed redline edits. City Staff and the PB&R ad hoc
committee met on July 24, 2023, to further review and discuss the proposed redline edits.
No changes were proposed to NBMC Chapter 11.03 and 11.04. One addition, clarifying
irrigation requirements for planting new parkway trees, was added to Chapter 13.09
Parkway Trees. A majority of the proposed edits to reviewed Council Policies reflect
grammar changes and updates referenced park names, facilities and common
terminology. Additional recommendations were made to provide clarification and remove
redundancies or contradictions in the following areas:
• B-3 Co -Sponsored Events: Eliminate this section; captured in Council Policy A-12
Discretionary Grants.
• B-6 Newport Theater Arts Center: Removal of language authorizing Recreation &
Senior Services Director to waive fees in Council Policy; Requests for fee waiver
to be done through Council Policy A-12 process.
• B-8 Bike, Foot Race and Surf Contest Event Policy: Clarification of local school
surf league competition requirements to align with department policy.
• G-1 Retention, Removal, and Maintenance of City Trees: Updated the list of
dedicated trees in Exhibit A.
• G-6 Maintenance and Planting of Parkway Trees: Addition of general requirement
related to irrigation for planting new parkway trees.
• L-6 Encroachments in Public Rights -of -Way: Addition of general private
encroachment requirements related to artificial turf conversions in parkways with
existing City trees.
During the review process, Staff determined that B-17: Parks, Facilities, and Recreation
Program Donations needed a change to the bench donation options. Due to high
maintenance requirements and low aesthetic appeal, staff recommends the removal of
the Santa Monica -style bench donation option from the Policy. In general, the composite
product that the bench slats are made of, fade, bend, and break, requiring replacement
in as early as three years. This change will also align with the Donation Catalogue.
11rot dradILIrrl
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Attachments
A. Newport Beach Municipal Code Chapter 13.09 w/proposed redline edits
B. City Council Policy Sections B1-17, G-1, G-6 and L-6 w/proposed redline edits
SS2-524
Chapter 13.09
PARKWAY TREES
Sections:
13.09.010 Parkway Trees Required.
13,09.020 Costs.
13.09.030 Maintenance.
13.09.040 Waiver Procedure.
I 13.09.010 Parkway Trees Required,
Any person who constructs a new building, who causes a building to be moved onto vacant land, or
who causes an increase in the original floor area of an existing main building by more than fifty (50)
percent of its original size, shall be responsible for planting trees in the parkway abutting the building
site in accordance with City rules, regulations and policies. The parkway tree shall be at least a
thirty-six inch (36") box of the type, variety and/or species determined by the City in accordance with
the City Street Tree Designation List. Automated irrigation shall be established for the newly planted
tree from the voperty under construction. If the City determines that because of the location, terrain
or condition of the property that required tree planting is impractical at the abutting parkway, the City
shall plant the thirty-six inch (36") box tree at a location designated by the City. (Ord. 2002-13 § 1,
2002: Ord. 1338 § 1 (part), 1970)
I 13.09.020 Costs.
The property owner shall be responsible for all costs associated with the purchase and planting of
the tree(s) as required by this chapter. (Ord. 2002-13 § 2 (part), 2002: Ord. 1338 § 1 (part), 1970)
I 13.09.030 Maintenance.
It shall be the responsibility of the abutting property owner to water and fertilize the parkway trees
adjacent to his property. The City shall be responsible for pruning and spraying parkway trees. (Ord.
2002-13 § 2 (part), 2002: Ord. 1338 § 1 (part), 1970)
13.09.040 Waiver Procedure.
Upon written application, the City Manager, or such other City official as he may designate to act for
him, may grant a waiver from all or part of the requirements set forth in Section 13.09.010, if he
determines that because of the location, terrain or condition of the property or the surrounding
properties, the required tree planting is determined to be unnecessary or impractical. (Ord. 1338 § 1
(part), 1970)
SS2-525
PARK FEE POLICY
Purpose
The City of Newport Beach maintains an extensive park and open space system. The
acquisition and development of our park and open space properties is funded, in part,
through the payment of park fees paid by persons or entities who subdivide properties.
The Subdivision Map Act requires park fees to be used only for the purpose of developing
new or rehabilitating existing neighborhood or community park or recreational facilities
to serve the subdivision that paid the fees. The City is required to develop a schedule
specifying how, when and where the park fees will be used. The purpose of this Policy is
to establish the criteria to be used in deciding which facilities serve subdivision residents
and schedule whereby park fees are properly and timely committed to appropriate
projects. This policy also identifies which parks serve as citywide resources.
Policy
A. Service Criteria.
The Recreation and Open Space Element of the General Plan states that
community parks and view parks serve the entire City. Community parks are
those with improvements such as community buildings, parking, swimming,
facilities for picnicking, active sports and other facilities that serve a larger
population. View parks serve as citywide resources because of their unusual
beauty and view opportunities. Neighborhood parks serve all ages and include
unique recreational facilities, such as basketball courts, tennis courts, turf areas,
active sports fields, community buildings, unique play areas. Accordingly, park
fees generated by any subdivision within the City may be used to develop new or
rehabilitate existing community parks, view parks, and those neighborhood parks
listed on Exhibit A.
The Recreation and Open Space Element divides the City into 12 service areas
consisting of relatively discrete residential communities. These service areas were
created for the purpose of determining whether particular geographical areas
were deficient in terms of park and recreational facilities and to identify
acquisitions or improvements which would provide residents with greater
recreational opportunities. Accordingly, park fees generated by a subdivision
within any service area may be used to create new, or rehabilitate, existing park or
recreational facilities within that service area and as provided in the Recreation
and Open Space Element.
SS2-526
B. Implementation Schedule.
Park fees shall be placed in the Facilities Financial Planning Reserve Fund
immediately upon receipt with a special designation as Park Fees. These funds,
after special designation, shall be used solely for the acquisition or establishment
of new, or the rehabilitation of existing, park, open space and recreational facilities.
The park fees shall also be placed on a schedule that lists the location of the
subdivision, the fees paid, the date on which the fees were paid or the date on
which building permits had been issued for 1/2 of the lots created by the
subdivision (whichever occurs later), the service area within which the
subdivision is located, the neighborhood park, recreation and open space facilities
eligible for park fees generated by that subdivision, and the date on which the park
fees must be committed to specific project of improvements. The park fees shall be
used only for the park and recreation facilities identified on Attachment A and
shall be utilized in accordance with the policies and standards specified in the
General Plan. Designations for expenditures will be made as part of the annual
budget adoption.
[Attachment - Exhibit A]
History
Adopted I-3 - 9-20-1960 ("Park Standards")
Amended I-3 - 8-30-1966
Amended I-3-11-12-1968
Amended I-3 - 3-9-1970
Amended I-3 - 2-14-1972
Amended I-3-12-10-1973
Amended I-3 - 2-25-1974
Amended I-3 - 5-9-1977
Amended I-3 - 6-13-1977
Adopted I-1 - 6-27-1994 ("Park Fee Policy")
Amended I-1 - 4-23-2002
Amended I-1- 4-8-2003 (changed to B-1)
Amended B-1 - 4-13-2004
Amended B-1 - 9-13-2005
Amended B-1 - 8-11-2009
Amended B-1 - 5-14-2013
Amended B-1 - 5-12-2015
Amended B-1 - 8-8-2017
SS2-527
EXHIBIT A
PARK DEDICATION POLICY
IrJ.111t4--4011
The following view parks serve as citywide resources by reason of their unusual beauty
and the view provided:
Back Bay View Park
Bayview Park
Begonia Park
Canyon Watch
Castaways Park
Channel Place Park
Civic Center Park
Cliff Drive Park
Corona del Mar State Beach Park
Galaxy View Park
Harbor Watch
Inspiration Point
Irvine Terrace Park
Jasmine View Park
John Wayne Park
Kings Road Park
Lido Park
Lookout Point
Los Trancos (lower, middle, upper)
Newport Island Park
Peninsula Park
Rhine Wharf Park
Sunset View Park
West Jetty View Park
Westcliff Park
SS2-528
The following Community and Neighborhood Parks serve as citywide resources
by reason of the unique recreational opportunities they offer:
Q ffi
38th Street Park - Basketball courts and playground 0
Arroyo Park - Lighted multi -purpose field, basketball court, picnic areas and
playground.
Big Canyon Nature Park - hiking trails
Bob Henry Park - Multipurpose field, ball diamond, playground, picnic areas
Bonita Canyon Sports Park - Four youth baseball fields, one multi -purpose field,
one soccer field, tennis courts, pickleball courts, basketball court, 2 playgrounds
and connecting trail to Arroyo Park.
Bonita Creek Park and Community center, batting cages, playground, lighted
multi -purpose fields, and basketball court.
Buck Gully- hiking trails
Buffalo Hills Park - Basketball court, baseball/softball diamond, volleyball court,
multi -purpose fields.
Carroll Beek Community Center and Balboa Island Park - Basketball court, tot
playground and community center.
Civic Center Park - Scenic view, dog park, art sculptures, cactus garden, Civic
green, and walking trails and community room.
Coastal Peak Park - Two multi -purpose fields, playground, two picnic
pavilions, batting cages and basketball court.
Community Youth Center/Land Grant Howald Park - Basketball court, tennis
courts, playground, community center, softball and lighted multi -purpose field.\-
Eastbluff Park - Baseball diamond, multi -purpose field, playground, and view of
the Back Bay.
4 SS2-529
Harbor View Nature Park - Natural vegetation area.
Lincoln Athletic Center - lighted baseball/ softball diaffieiid
and multi -purpose fields.
Marina Park - Community center, 4 sailing center, picnic area,
playground, basketball courts and fitness course.
Mariners Park - Multi -purpose room, baseball/softball facilities,
racquetball courts, lighted tennis courts, multi -purpose fields, and a-t
APA equipped play playground area.
Newport Aquatic Center - rowing, canoeing, kayaking, paddle boarding
facility n
Newport Coast Community Center - Gymnasium, multi-purposskility
with classrooms and outdoor pickleball courts.
Newport Theater Arts Center - Ninety seat community theater.
Public hand launch
North Start Beach - facility.
OASIS Senior Center - Multi -purpose senior facility with classrooms, large multi-
purpose room, and fitness center.
Peninsula Park and Newport Junior Guard Center- Beach sited multi -purpose
field, playground, community center , picnic and barbecue
facilities, multi -purpose field and gazebo. U
San Joaquin Hills Park - Tennis courts, pentanque courts, lawn bowling facility.
San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball
court and playground .
Sunset Ridge Park - Baseball field, soccer fields, butterfly garden, scenic view
and playground.
West Newport Community Center- Gymnasium
West Newport Park - Tennis courts, racquetball courts, basketball court, and 3
playgrounds.
5 SS2-530
NEWPORT BEACH SENSITIVE NATURAL/ MARINE AREAS
It is the policy of the City Council, through cooperative and mutually supportive
endeavors of the City of Newport Beach, County of Orange and the State Fish and
Wildlife Department, to preserve and enhance the assets of sensitive natural and marine
areas; to create the best possible environments; and to ensure their continued existence.
In order to accomplish this goal the Natural Resources staff shall, when possible, schedule
and regulate activities in sensitive natural and marine environments. Natural Resources
staff assigned to natural/marine areas educate on the rules and regulations for the
purpose of conserving these resources for future generations.
Adopted H-3-10-26-1976
Amended H-3-11-27-1978
Reaffirmed H-3 - 2-9-1981
Amended H-3-1-24-1994
Amended H-3 - 9-27-2011
Amended H-3 - 5-12-2015
Amended B-2 - 2-13-2018 (changed to B-2)
SS2-531
CO -SPONSORED EVENTS
- - --- - -- - -- - - -- -- - - -- - --- -- - -- - -- -
SS2-532
COMMERCIAL USES IN PUBLIC PARKS
Commercial uses of public park lands may be desirable in certain circumstances to
provide revenues to offset maintenance costs of the balance of a park.
If practical and feasible, consideration could be given to use of segments of various
public parks for commercial development on a revenue -producing basis.
Commercial developments, as approved by City Council, may include, but not be
limited to, restaurants, equipment rentals, food concessions, tennis center, pro shops,
etc.
Each proposed commercial use would be carefully studied and judged on the merits of
the individual case, as recommended by the Parks, Beaches and Recreation
Commission, and approved by the City Council.
History
Adopted I-16 - 5-12-1975
Amended I-16-1-24-1994 (changed to I-4)
Amended I-4 - 4-8-2003 (changed to B-4)
1
SS2-533
C
VINCENT JORGENSEN COMMUNITY ROOM IN LIBRARY
Background
The large meeting room at the Crean Mariners Library is known as the Vincent
Jorgensen Room (Jorgensen Room). The Recreation Division of the Recreation and
Senior Services Department administers the use and scheduling of this community
room. Due to funding and joint use parameters, the majority use of this community
room is for youth oriented and educational activities.
Application
Application and scheduling shall comply with Council Policy B-13 except for the
following:
Standard Conditions to Use
A. No person shall interfere with the normal use and activities of the Library by way
of noise, disturbance or other activity.
B. Groups of seventy (70) or more persons shall be required to provide proof of off -
site parking availability (off -site parking plan) prior to approval of the
application and shall strictly comply with the parking plan.
C. The Jorgensen room shall not be used for private social functions such as
weddings, birthday parties, events, (unless events are necessary as part of a
Library or City sponsored event or production) etc.
D. The Jorgensen Room is reserved 8:00 a.m. - 6:00 p.m. Monday through Friday for
children's programming. Evening and weekend hours may be available through
the Recreation and Senior Services Department.
E. Applications for reservations may be made no more than 90 days in advance and
no more than once every 90 days. There can be no recurring reservations.
History
Adopted B-5-10-10-2006
1
SS2-534
:.
NEWPORT THEATRE ARTS CENTER
Background
The Newport Theatre Arts Center (Theatre) has been the site of community theatre
productions since 1979. The Friends of the Newport Theatre Arts Center (Friends), a non-
profit public benefit corporation, have, since 1980, managed the Theatre and offered first
class theatrical productions and shows using dedicated volunteers from the community.
The Friends have presented at least four productions a year, have funded their program
through ticket sales and donations from the private sector, and have used excess funds
to purchase theatrical equipment. The plays and shows presented by the Friends are
affordable to all economic segments of this community and offer residents a unique
opportunity to attend or participate in theatrical productions. The Friends represent the
epitome of "community theatre" - a volunteer effort using principally non -equity
performers that is self funded and offers performers of all skill levels an opportunity to
develop their talents.
ManagemenVPrimary Use
The City Council has, pursuant to a written management agreement, appointed the
Friends as the primary user and manager of the Theatre in recognition of their dedication,
skill and effort over the years. The City Council is aware that the consistent presentation
of first class community theatre requires extensive pre -production use of the venue for
rehearsal, set construction and related activities. The City Council has determined that
the community theatre program offered by the Friends requires exclusive use of the
Theatre for continuous and extended periods of time throughout the year and from year
to year.
As manager, the Friends are required to make the Theatre available, and to supervise its
use, by other groups or organizations selected by the City (Third Party/Third Parties) for
stage plays or artistic events during no less than two (2) two -week periods each year
(Reserved Periods). The Friends are also required to allow and supervise use by residents
and local business owners for short meetings or events of limited duration. The City
Council expects the Friends, in supervising the use of the Theatre by any Third Party, to
serve as a resource, if called upon, to facilitate the efforts of community groups
authorized by City to present stage plays at the Theatre.
1
SS2-535
Reserved Periods
The City, through the Recreation & Senior Services Director, is responsible for selecting
the Third Party/Third Parties that will be permitted to use the Theatre to present stage
plays or other artistic productions during the Reserved Periods. Third Party use of the
Theatre shall be granted pursuant to a special event permit and sO
aagregnwnt (permit facility reservation permit. In selecting among applicants,
preference shall be given to public benefit non-profit corporations in good standing
that have received a tax exempt determination pursuant to Section 501(c)(3) of the
Internal Revenue Code. Since the theatre is one of very few venues in the area that is
capable of accommodating live stage performances, preference shall be given to an
applicant seeking permission to use the Theatre for live theatrical performances
presented during at least one entire Reserved Period. The City shall use the
following criteria in selecting among qualified applicants that have submitted
timely applications requesting use of the Theatre at the same time during all or a
portion of any Reserved Period:
A. Previous experience in presenting live stage productions of a magnitude similar
to that proposed in the application;
B. Firm commitments from technical, artistic and support staff capable of producing
a live stage play;
C. The extent to which Newport Beach residents are involved in the production;
D. The extent to which the production involves or generates educational
opportunities for youth;
E. Whether the applicant has secured the rights to produce the play and the extent
to which the applicant can demonstrate the ability to pay required fees and
charges.
F. The potential for recurring use by the applicant.
In the event that no application is submitted and approved by the City authorizing
presentation of a live theatrical performance during any Reserved Period, preference
shall be given to the applicant who first submits a timely application to present a cultural
or artistic event that is consistent with the historical usage of the Theatre.
2
SS2-536
The Recreation & Senior Services Director is authorized to meet and confer with
applicants who have submitted conflicting requests in an effort to determine if the
applicants are willing to modify the requests to avoid the conflict. The Recreation &
Senior Services Director is also authorized to partially grant or modify any application to
eliminate conflict or to preserve use of the Theatre for the City or for other purposes.
While the Recreation & Senior Services Director will generally determine Third Party use
of the Theatre pursuant to the application proces!i.4Iowever, the City Council may, upon
a determination that a requesting group substantially complies with the selection criteria
in A - F and at a noticed public meeting, authorize Third Party use of the Theatre for
multiple or consecutive Reserved Periods subject only to execution of the required
permit.
Procedures
A. Subject to the provisions of Subsection B, any individual, group or organization
requesting permission to use the Theatre during all or a portion of any Reserved
Period, or for any event that requires a special event permit pursuant to Chapter
11.03 of the Newport Beach Municipal Code (applicant) shall file an application
for a permit. The application shall be filed with the Recreation & Senior Services
Department no less than 45 days prior to the first date of the Reserved Period
during which applicant proposes to use the Theatre and shall be accompanied by
the fee established by resolution of the City Council. The application shall be
submitted on forms provided by the Recreation & Senior Services Department, all
requested information shall be provided and an individual authorized to bind the
applicant shall sign the application. The applicant shall clearly specify the
requested dates and times for use of the Theatre and describe, in detail, the
production to be presented as well as the technical, artistic and support personnel
to be involved in the production.
B. In the event that the City Council has authorized use of the Theatre by a Third
Party pursuant to the provisions of the "Reserved Periods" section, the Third Party
shall submit the information required by Subsection A within fifteen days after the
action by the City Council but is not otherwise required to comply with the
procedures specified Subsection A.
3
SS2-537
:.
Conditions
All use of the Theatre shall be subject to strict compliance with this Policy, the application
submitted, the "House Rules" (Exhibit A) and the terms and conditions of the Special
Event Permit and License Agreement (Permit). The House rules and the Permit shall be
provided to the applicant when the application is filed. In addition, each Permittee shall
strictly comply with the following conditions:
A. The Theatre shall not be used, or open for use, by any person before 5:00 a.m. or
after 11:30 p.m. on any day.
B. The Permittee shall take all reasonable steps to ensure that all users respect nearby
residents by minimizing noise, parking and other impacts.
C. The Permittee shall use the property, the Theater and the Theatre Equipment with
due care and in a manner that avoids any damage, any injury to any person, and
minimizes wear and tear.
D. The Permittee shall comply with all applicable laws and shall take all reasonable
steps to ensure that guests and invitees also comply with all applicable laws.
E. The Permittee shall fully and immediately comply with all requests of the
Recreation & Senior Services Director, Park Patrol Officers, and the Chief of Police
or their employees.
Fees
Use of the Theatre by any Third Party shall be subject to the payment of fees to the City
for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for
use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified
to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and
�erator Fees are as specified in the Fee Schedule (Exhibit B). Thwne2c=e2a}'nn & coninr
sh^���f good cause_ The Recreation & Senior Services Director shall collect, and remit
to the Friends, any Equipment Fees and/or Operator Fees. Users shall pay Property Fee
and 50 % of the estimated Equipment and Operator Fees a minimum of one week (7
calendar days) prior to the event.
[Attachment - Exhibit A]
[Attachment - Exhibit B]
0
SS2-538
O
History
Adopted I-18 - 7-27-1981
Amended I-18-10-22-1984
Amended I-18
-11-28-1988
Amended I-18
-10-22-1990
Amended I-18
-1-24-1994 (changed to 1-6)
Amended I-6 -
5-22-2001
Amended I-6 -
4-8-2003 (changed to B-6)
Amended B-6
- 9-13-2005
Amended B-6-10-10-2006
5
SS2-539
:.
EXHIBIT A
HOUSE RULES
The following rules apply to all use of the Newport Theatre Arts Center (Theatre) by any
Third Party using the Theatre.
A. THEATRE USE
The right to use the Theatre includes only the main theater consisting of the 90 seat
auditorium and stage, "green room', entry lobby and public restrooms, box office
area, two downstairs dressing rooms and bathroom, all access ways, parking area
and exterior grounds. In no event shall Permittee use any office equipment or
telephones owned by the Friends of the Newport Theatre Arts Center (Manager),
the kitchen/office maintained by the (Manager), backstage workroom, or costume,
prop and set storage rooms. Use of these areas is non-exclusive and Manager's
agents may also occupy the designated areas provided they do not interfere with
Permittee's use of the Theatre or the production. Only technical personnel
approved by the Manager are allowed to enter the tech booth.
B. MANAGERS PROPERTY/ EQUIPMENT
Permittee shall not use Manager's tools, costumes, props, or sets. Permittee may
use the telephone provided by the City.
C. SUPERVISION
Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage
Manager or House Manager designated by the Manager.
D. MARQUEE
a
0
SS2-540
E. CLEANING
The carpeted areas and seats in the Theatre must be completely covered by
Permittee during any set construction, painting or other work on the stage or in
the auditorium area to protect those facilities against dust and damage. At the
conclusion of the Use Period, Permittee shall return all facilities and equipment to
the condition immediately prior to use by Permittee.
F. SOUND MONITORS
The sound monitors are permanently located and Permittee shall not move or
relocate the monitors.
G. FOOD BEVERAGES
Food or drink is permitted only in the lobby. No food or drink may be taken into
the auditorium. Permittee shall consult with Manager, and receive Manager's
approval, prior to any sale or distribution of food or beverages on or from the
Theatre.
H. BOX OFFICE PERSONNEL
Permittee shall provide box office personnel as well as tickets and/or reservation
services. Permittee shall also provide any security or admission personnel.
Manager may be able to supply box office personnel if Permittee makes a timely
request and pays required fees.
I. DECORATIONS
Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects
or helium balloons on the property. Permittee shall obtain Manager's approval of
a decorating plan prior to installing any decorations.
J. DRESSING ROOMS
The dressing rooms are reserved for the use of the actors and stage personnel. In
no event shall the dressing rooms be used for entertainment of guests or the
storage of equipment. Smoking and alcohol are prohibited in dressing rooms.
7
SS2-541
:.
K. RIGHTS AND ROYALTIES
Permittee shall provide evidence that they have applied for the rights to stage, at
the Theatre, the production described in the application for permit and that all
required royalties and rentals have been paid. In no event shall Permittee be
allowed access to the Theatre without providing proof of rights and royalties.
Permittee shall not film or reproduce any production unless and until Permittee
provides evidence that publisher or owner of the performance rights has given
express permission to do so.
SS2-542
EXHIBIT B
FEE SCHEDULE
FEES CHARGED ARE IN ACCORDANCE WITH THE
MASTER FEE SCHEDULE WHICH IS ANNUALLY ADJUSTED BY
RESOLUTION OF THE CITY COUNCIL
A. Lighting Designer to hang, focus and program lights.
-or-
Lighting Technician who will program existing hanging lights only and operate
lights for shows - per hour with 3 hour minimum.
B. Sound Designer to place sound equipment in locations, adjust microphones and
program equipment, etc.
C. Additional technicians to operate lights and/or sound equipment during
performance -- per hour with 3 hour minimum.
D. Stage Manager who will monitor backstage activities and assist with matters
involving use of stage and curtain only -- per hour with 3 hour minimum.
E. House Manager who will monitor front of house, direct ushers and assist with
matters involving front of house only -- per hour with 3 hour minimum.
F. Ushers -- per usher per show, from 30 minutes before performance through
intermission.
G. Lamp and lighting equipment use, including dimmer packs, computers, light
board, hanging fixtures, lamps and gels -- per hour or part of hour, including
programming time, as well as running time for show. Rate to be different per hour
if both lighting and sound equipment are used.
H. Permittee reimburse the City for all charges or costs associated with
services requested by Permittee. No charge for use of small piano other than
tuning charge if user wants piano tuned. Small piano moving and replacement
to original location to be done by Permittee.
I. Property Fee is charged per day of use.
I
SS2-543
SPECIAL EVENT PERMIT REQUEST PROCESSING
Purpose
To set forth City policy concerning administration and control of special events. Special
events include activities as defined in Chapter 11.03 of Title 11 of the Newport Beach
Municipal Code. Requests that include activities for which the Municipal Code requires
a permit to be obtained may be included in the special event permit process.
Policy
It is the policy of the City Council to ensure that the numerous special event activities
permitted by the City do not negatively affect the community, that requests for permits
are efficiently processed by staff, that City liability is eliminated, that all appropriate
insurance requirements are met, and that costs for municipal services provided are kept
at a reasonable level and recovered from the event sponsors. Affected City departments
shall be notified of special event permit requests in accordance with the schedule attached
and provide recommendations on how to conduct the event safely, lawfully and with a
minimum negative impact on the community.
It is the responsibility of the Recreation and Senior Services Director to coordinate the
administration of special events and to be the central contact point for residents or other
event sponsors, as well as the various City Departments having influence or control over
aspects of any given event. Requests for special event permit applications will be received
by a special event supervisor in the Recreation and Senior Services Department and
routinely routed to appropriate departments for investigation. Each department will
investigate the proposed event and make a recommendation for approval or denial of the
event. If recommended for approval, recommended conditions for approval will also be
presented.
Events that include the following activities or aspects shall be additionally reviewed by
the departments indicated:
Activity
Fireworks
Tents and Canopies
Reviewing Department
Fire Department
Police Department
City Manager
Fire Department
Building Department
SS2-544
Requests on the Harbor
Requests on the Balboa Pier
Requests on McFadden Plaza
Requests on the Newport Pier
Requests on Public Beaches
Requests in a Public Park
Requests to Deviate from Use Permit
Requests at a Commercial Location
Signs and Banners on Private Property
Signs and Banners on Public Property
Amplified Sound at a Commercial Location
Amplified Sound at a Residential Location
Temporary Street or Sidewalk Closures
Sidewalk Sales
Use of Public Property
Public Food Service
Harbor Resources Department
Sheriff's Harbor Department
Public Works Department
Public Works Department
Public Works Department
Harbor Resources Division
Public Works
Fire Department Department
Recreation and Senior Servi
r,�,.�..ieipa r.ps D �, Public Works
---------r --- - r = - -r ----------- Department
Community Development Department
Community Development Department
Community Development Department
Public Works Department
Community Development Department
Police Department
Police Department
Revenue Division
Public Works Department
Public Works Department
Community Development Department
Risk Manager
Health Department
SS2-545
Use of Back Bay Drive Department of Fish and Game
Public Works Department
County of Orange
If each department reviewing a special event permit application recommends approval
of issuance of the permit, a permit will be issued to the applicant listing the conditions
provided by each department. The City Council may authorize approval of any request
for special event permit when:
A. Required by Municipal Code.
B. When a Level 3 Special Event Permit has been denied and the applicant chooses
to appeal the denial.
Residency Requirements
For purposes of this City Council Policy, there are two types of special event permit
applicants: (1) a business or organization; or (2) a natural person. The determination
between the two types of applicants is determined by who is financially and legally
responsible for all components of the event, including permitting, providing liability
insurance, attending meetings, conducting event correspondence with the City, and
paying all event related fees as well as retaining the profits generated by the event. For
purposes of this City Council Policy and for special event permit fees, a "resident" is
defined as:
(1) A business or organization which owns or leases property within the City
and is registered, incorporated or conducts its business from the owned or
leased property within the City; or
(2) A person that lives permanently or on a long-term basis in the City.
Post Office Boxes do not qualify a business, organization, or individual for residency
status under this City Council Policy or special event permit fees.
History
Adopted I-7-1-24-1994
Amended I-7 -
2-24-1997
Amended I-7 -
5-8-2001
Amended I-7 -
4-8-2003 (changed to B-7)
Amended B-7
- 4-13-2004
SS2-546
Amended B-7 - 9-13-2005
Amended B-7 - 8-11-2009
Amended B-7 - 5-12-2015
Amended B-7 - 8-8-2017
SS2-547
BIKE, FOOT RACE AND SURF CONTEST EVENT POLICY
The purpose of this policy regarding the use of City Public Property and beaches
for conducting bicycle events, running events, surf contests and other athletic contests
is to minimize the inconvenience to City residents, and to eliminate any potential
City liability for injuries resulting from the event. All bicycle events , running
events, surf contests or events and similar athletic contests/ events shall be required
to secure a Special Event Permit, comply with all of the conditions to the permit, and
comply with the provisions of this Policy. Races, running events, walking events and
other athletic contests/events using City public property shall not be conducted
during the summer (June 15 through September 15). No more than twelve (12)
such events shall be permitted during any calendar year and not more than four (4)
in one geographical area in one year.
The person or entity primarily responsible for administering the event must prove
their ability to pay for all required City safety and maintenance services prior to
issuance of any permit. Proof of ability to pay for these services shall be in the 0
form of a cash deposit, bond, or similar instrument. The permittee shall, prior to
the event, provide the City with evidence of insurance, with the City named as an
additionally insured, with minimum coverage of one (1) million dollars per
occurrence unless the City Risk Manager determines that due to the circumstances
surrounding the event, more insurance coverage is necessary.
No permit shall be issued for any race, running event, surf contest or athletic
contest/event which is sponsored or financially supported by a tobacco or alcohol
company and no alcohol or tobacco shall be permitted to be dispensed or
available in the event there are participants under the age of 21. Nor will any
signage promoting alcohol or tobacco company be allowed to be displayed at the
contest/ event.
As stewards of public access to the coast it is the City's policy to keep the
beaches open to the general public and not permit exclusive use or events unless
sponsored or organized by the City. Surf, surf -related and sandcastle contests are
the only events permitted using City beaches and shall not be conducted during
Memorial Day weekend or summer (June 15 - September 15).
Surf Contests and League Competitions
No more than eight (8) surf or surf related commercial events and/or events
determined to need a Special Event Permit shall be permitted on or near the beach
during any calendar year and events shall be scheduled at least three (3) weeks apart.
All Surf competitions, no matter what the size, are required to register with
SS2-548
the Recreation & Senior Services Department a minimum of one month prior to the
scheduled event in order to receive approval for use of the requested location and event
dates.
Non commercial, low impact surf contests put on by non-profit groups
and/or local schools can apply for event approval by completing a Surf Contest/
Activity Registration Form. There is no fee for registration of a surf contest
only for the Special Event Permit, if needed. All responsible parties must a
be able to provide upon request proof of a valid registration approval during the
hours of the surf contest com?@6kian. Only non-profit groups will be considered.
Surf contest permits will be granted for specific dates only. No more than one surf
contest will be scheduled per day. Surf contest permits do not allow for the exclusive
use of the ocean or contest area and are always subject to blackball rules and
regulations. There can only be a maximum of six (6) commercial contests at any one
location per calendar year. The Fire Department determines acceptable locations for
surf contests.
Local surf league competitions are required to submit a Contest/Activity Registration
Form a minimum of one month prior to the scheduled match. Schools are to coordinate
and agree to league competition dates prior to submittal collectively by June 1 each year
to be considered for priority. League competitions are limited up to two (2) pre -season
and five (5) league "home" competition events, with one home league competition per
week per school. Up to seven (7) total per school per year.
No more than two surf league competitions per week will be considered, with emphasis
placed on coordinating schedules to hold one per week when possible. If two surf
league competitions are scheduled in the same week, they must be at different locations
on the beach. Schools shall make every effort to coordinate alternating home league
competitions to achieve this. League competitions are limited to the morning hours of
6:30-8:30 a.m. and shall not be conducted during Memorial Day weekend or summer
(June 15 -September 15).
History
Adopted I-21- 2-14-1983
Amended I-21-11-14-1983
Amended I-21- 9-22-1986
Amended I-21-1-24-1994 (changed to I-8)
Amended I-8 - 7-25-2000
Amended I-8 - 4-8-2003 (changed to B-8)
Amended B-8 - 4-13- 2004
Amended B-8 - 9-13- 2005
Amended B-8 - 9-27-2011
SS2-549
NAMING OF CITY PARKS/PUBLIC FACILITIES & PLAQUE DEDICATIONS
The City of Newport Beach has a comprehensive program to provide park and open
space to serve the leisure and recreation needs of residents. It is desirable that appropriate
names be selected for parks and public facilities. The following guidelines shall serve as
policy on this matter.
A. Suggestions for naming new or existing parks or public facilities shall be reviewed
by the Parks, Beaches and Recreation Commission with a recommendation being
transmitted to the City Council for approval.
B. New or existing park or public facilities names can be chosen from, but not limited
to, the following categories:
1. Streets or schools bordering park
2. Topography
3. Theme
4. Common names already in place for the area
5. Persons that have been deceased for at least fifteen (15) years
C. Facility rooms or site amenities may be dedicated in honor of persons if done as
part of a capital/fundraising campaign and with the approval of the City Council.
D. Plaques for City facilities and parks shall include the City seal in a prominent
position and the following information in the specific order given:
1. Council -approved facility or park name
2. Date of dedication (opening) or rededication
3. City Council Members currently in office. The names and titles of the mayor
and mayor pro tem shall be first, followed by the names of the remaining
council members in alphabetical order. For large, multi -year projects,
include the names of council members who were in office at time of project
award.
4. If applicable, the names of the appropriate, current Board or Commission
members.
SS2-550
5. Current City Manager
6. The name of the appropriate, current Department Director (the director
whose department is most closely affiliated with the use of the facility) at
the time of dedication or rededication.
7. If applicable, names of key project partners, i.e., other government entities
or funding entities.
8. Optional: Names of the firms of the City's construction partners, e.g.,
architect, general contractor, construction manager.
In cases of dedications of a major remodeling project or facility expansion, the
existing plaques shall continue to be displayed.
History
Adopted I-22 - 9-12-1988
Amended I-22
-1-24-1994 (changed to I-9)
Amended 1-9 -
2-27-1995
Amended I-9 -
4-8- 2003 (changed to B-9)
Amended B-9
- 5-13-2003
Amended B-9
- 8-8-2017
Amended B-9
-10-11-2022
SS2-551
USE, PRIORITIES AND FEES FOR MARIAN BERGESON AQUATIC CENTER
The Marian Bergeson Aquatic Center (MBAC) is a 50 meter pool complex located on the
Corona del Mar High School campus. The Newport -Mesa Unified School District
(NMUSD), as the legal owner of the property, has entered into an agreement with the
City of Newport Beach (CITY) to allow public use of the facility after official school use.
This agreement has resulted due to the significant contribution to the pool construction
by the City.
Purpose of Use
The foregoing facilities and equipment therein shall be used for activities which are
recreational, social or civic in character, and offer services of interest or need to the
community.
Procedure
Any group desiring to use the MBAC shall make application on forms provided by the
Recreation & Senior Services Department (Department) and shall provide such
additional information as may be required by the Department to assure compliance with
priorities. Applicants may be required to satisfy the Department that activities will be
conducted in an orderly manner and that such person(s) or groups are financially able to
respond to damages arising therefrom. Prior to the use of any facility, the application
must have been approved by the Recreation & Senior Services Director or a designated
representative.
Schedule
The City and the NMUSD establishes the use of the aquatic center as follows:
Pool Use Criteria (As Dictated by School District -City Agreement)
School Year
A. 6:00 A.M. - 3:00 P.M.
B. 3:00 P.M. - 6:00 P.M.
C. 6:00 P.M. - 9:00 P.M.
Holidays, Summer Vacation, Saturdays
A. 6:00 A.M. - 9:00 A.M.
B. 9:00 A.M. - 9:00 P.M.
District use only.
Joint use City/District w/District as
first priority.
City exclusive use.
Joint scheduling w/ City priority.
City exclusive use.
SS2-552
Sundays
A. 6:00 A.M. - 9:00 P.M. Joint City/District.
(Use includes showers, restrooms and ancillary facilities.)
A. All official Department/City initiated and/or conducted activities.
B. All official Department co -sponsored groups and/or activities. The
aforementioned are community groups and activities which are nonprofit, self-
governing, privately organized of a recreational nature may be brought under the
sponsorship of the Department by application.
C. Official School District sponsored programs and activities.
D. Official public agency sponsored programs and activities not included in the
above categories.
E. Recreational, social or civic activities and/or groups (resident) promoted and
sponsored by local nonprofit organizations which are open to the public and have
50% or more of memberships consisting of Newport Beach residents.
F. Recreational, social or civic activities and/or groups (nonresident) promoted and
sponsored by nonprofit organizations which are open to the public, not qualifying
under Priority No. E.
G. Private resident and nonresident use.
H. Commercial or profit making groups.
Specifications for MBAC Users
A. Determining factors of priority shall include, but not be limited to, the number of
City residents on the playing teams, recognized seasonal sports, and past
contributions to facilities by sponsoring groups. This policy shall not be
exclusionary to any group. Staff has the right to revoke a permit for specific times
if the facility is not being used.
B. Recognized seasonal sports shall be determined where at all possible one year in
advance. All non -seasonal sports shall be accommodated, but scheduled
secondarily to seasonal sports. Special tournaments/regional playoffs, even if off-
season, shall be accommodated whenever possible. Applicable fees will be
charged to the hosted group. Special events shall be applied for at least six months
in advance and not more than 12 months in advance.
SS2-553
C. Staff will coordinate and chair meetings as necessary to determine equitable use
of available athletic facilities. Groups not satisfied with the results of this
procedure can appeal the staff determinations to the Parks, Beaches and
Recreation Commission.
D. The MBAC may be closed for periodic maintenance and renovation at a time
determined by NMUSD staff to be least disruptive to all parties.
E. Any group claiming nonprofit status is required to submit, at the request of staff,
proof of non-profit status by submitting their Internal Revenue Service 501c(3) letter
and a current IRS 990 Form.
Membership and meetings or activities must be open to the public. Fees,
donations or admissions charged by the group must be limited to essential
expenses of the group. The group treasurer will be required to submit a financial
report following each activity when any of the above is collected.
Fees and Deposits
A. The fees charged for use of the MBAC are in accordance with the Master Fee
Schedule which is annually adjusted by resolution of the City Council.
B. The intent of these fees shall be that the MBAC be operated in accordance with
Municipal Code Section 3.36 Cost Recovery For User Services.
C. The NMUSD requires may require a custodial fee from groups to clean and
maintain the facility both during and after a rental.
History
Adopted I-24 - 6-25-1990
Amended I-24-1-24-1994 (changed to I-11)
Amended I-11 - 4-8-2003 (changed to B-10)
Amended B-10 - 9-13-2005
Amended B-10 - 5-12-2015
Amended B-10 - 8-8-2017
SS2-554
THE CITY EMPLOYEES' MEMORIAL AT BOB HENRY PARK
Purpose
The purpose of the Memorial site at Bob Henry Park is to honor City of Newport Beach
employees who have lost their lives in the performance of their public service duties.
This policy establishes the criteria and procedures for honoring an employee at the
Memorial site.
Policy
The Memorial site is located at Bob Henry Park, which was named after Newport Beach
Police Officer Bob Henry who was mortally wounded in the line of duty on March 12,
1995. The Memorial honors Officer Henry and all City employees who gave their lives
in the direct performance of their duties while serving the citizens of Newport Beach.
Prnr•PdnrP
A. Department Directors shall submit recommendations to so honor an employee to
the City Manager for initial evaluation. The recommendation shall include a
history of the employee's tenure with the City, the circumstances surrounding
his or her death, the work -related duties being performed at the time of death,
and the actions which led to the employee's death.
B. To be honored at the Memorial site, an employee's death must be directly
attributable to his/her scope of employment and have occurred in the
performance of his or her authorized duties. If the circumstances surrounding an
employee's duty -related death are not readily apparent, the City Manager may
appoint a committee of at least three Department Directors (excluding the
affected employee's department) to more thoroughly evaluate the
recommendation for inclusion, to determine whether death is directly
attributable to the employee's performance of his/her duties.
C. The Committee will make a final recommendation to the City Manager whether
an employee should be honored at the Memorial site at Bob Henry Park. The
City Manager will have final authority to approve or reject inclusion at the
Memorial.
SS2-555
D. Memorial plaques will be 7" x 9" and will include the following information:
Name of Employee
Job Title
City Department
Date of Death
E. The City will hold a ceremony honoring the employee's inclusion at the
Memorial when the plaque is installed.
History
Adopted I-12-11-10-1997
Amended I-12 - 4-8-2003 (changed to B-11)
SS2-556
CO-SPONSORSHIP OF ANNUAL FIREWORKS EVENTS
The City of Newport Beach recognizes that the annual Independence Day fireworks
event, provided by the private resort operated within the lower Back Bay, is a
worthwhile event benefiting many City residents. Moreover, the fireworks display is
enjoyed by the citizens as a community and family event.
Therefore, when fireworks events are scheduled at this location by the private resort in
commemoration of Independence Day, the City Council may annually budget an
amount between $20,000 and $40,000 for the fireworks events, provided that (1) City
residents have free access to the event, with the exception of parking fees; (2) the City is
recognized as a co-sponsor of the event in all publicity and promotional materials for
the fireworks display; and (3) the applicant provides evidence of insurance with the
City named as an additional insured, the amount of coverage determined by the City
Manager and the Risk Manager.
History
Adopted I-24 - 3-9-1998
Amended I-24 - 4-8-2003 (changed to B-12)
Amended B-12 - 8-11-2009
SS2-557
PUBLIC USE OF CITY FACILITIES
Purpose
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums,
community rooms and swimming pools, are available to the public for civic, social,
educational, athletic, cultural activities and limited commercial use. It is the intent of this
Policy to provide use regulations and application and scheduling procedures to
accommodate groups that wish to use City facilities.
Procedure
A. Applications to use the City facilities must be made on forms provided by the
Recreation and Senior Services Department (Department). Applicants must
provide all information as may be required by the Department to assure
compliance with the requirements and regulations of this Policy.
B. Applicants will be required to pay provide a security deposit in an amount
that will promote use of the Recreation and Senior Services facilities in an
orderly manner without damage to the facilities. Security deposits will be
refunded upon inspection of facilities and confirmation that no property
damage has occurred or additional cleanup is required.
C. Applicants will be required to acknowledge that neither the City nor the
Department assumes any liability for injury or loss of personal property. Prior to
the use of the facility, the application must have approval of the Recreation and
Senior Services Director or designated representative.
D. Approval or denial of a reservation request will be provided within five working
days of receipt of a completed application.
E. Reservations for use of Department facilities may be made up to six months in
advance, but no later than ten working days before the event with the exception
of park reservations which may be made no later than five working days before
the event.
F. The City is not liable for any and all accidental injury to any and all persons or loss
or damage to group or individual property. When it is deemed to be in the best
interest of the general public, the City will require the permittee to furnish a
Certificate of Insurance naming the City of Newport Beach as an additional
insured. The amount of the insurance shall not be less than $1,000,000 per
occurrence of commercial general liability insurance.
SS2-558
G. A eentpaciFacility Use Permit shall not be transferred, assigned or sublet. All
eefftT-a�Facility Use Permits will be issued for specific facilities and for specific
hours, and the premises must be vacated as scheduled.
H. The reservation request and rental agreement must be completed and signed by
an adult age 21 and over who will attend, supervise and be responsible for the
entire event or activities. Proof of residency is required at the time of application
in order to receive the resident rate. Proof of non-profit status is required at the
time of application in order to receive the non-profit rate.
A Facility Use Permit which authorizes the rental of facilities may be
revoked for violation of any rental policies.
Regulations and Restrictions
All uses of Department facilities will be subject to the following regulations and
restrictions:
A. Use of Alcohol.
1. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the Department, except beer and wine may
be served for special occasions at the OASIS Senior Center, Newport
Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC),
Civic Center Community Room (CCCR), Newport Beach Junior Guard
Center, and Marina Park when done in compliance with State of
California Department of Alcoholic Beverage Control (ABC) regulations
and approved in writing by the Recreation and Senior Services Director.
Approval to serve beer and wine shall not be deemed to approve
service of alcohol in violation of Section 25604 of the Business and
Professions Code. The Recreation and Senior Services Director will
require the permittee to pay City costs to provide additional security
when alcohol is served.
2. The use of alcoholic beverages is by written permission only and must be
requested at the time the facility use request is submitted. The Department
reserves the right to place restrictions on the use of alcoholic beverages in
accordance with State Law and these guidelines. "Alcohol use" means the
presence of any beverage that contains any amount of alcohol.
3. Alcohol is not allowed when an event is designated for minors such as
school age award programs, birthday parties and/or receptions.
SS2-559
4. When alcohol is served, there shall be a minimum of two security guards
present at the facility at all times. The guards must arrive 30 minutes before
guest arrival time and remain until the contract end time. One guard must
be positioned at the entrance of the event and one guard positioned in the
event area. The parking lot must be monitored every 30 minutes. The
security guards shall have the authority to enforce all rules and regulations
governing facility rentals. In the event that the Police are called, the cost of
their services shall be deducted from the applicant's security deposit. The
applicant will be billed for any costs exceeding the security deposit.
5. No alcoholic beverage shall be served to any person less than 21 years of
age. Injuries caused to any person as a result of alcoholic beverages being
served to or consumed by someone under the age of 21 while on the City's
premises, shall be the sole responsibility of the organization or individual
renting the facility.
6. The distribution or consumption of alcoholic beverages shall be in
compliance with all applicable laws, including regulations of the ABC. Any
organization using City facilities shall be solely responsible for obtaining
all permits or licenses relating to the distribution and consumption of
alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If evidence
is found that alcohol is being served that was not authorized by the
Department or to a minor the Police will be notified and the event will be
terminated and all fees and deposits will be forfeited.
8. The City shall require the applicant to carry general liability insurance
when alcohol is available, but not sold. The City shall require a full liquor
liability premium in addition to general liability insurance when alcohol is
sold in exchange for money. The cost of the required liability insurance shall
be borne by the applicant.
B. Smoking is prohibited in and on all City facilities property including restrooms
and within 100 feet of a park, park facility or beach.
C. For all indoor facility rentals involving youth, 17 years and under, there shall be
at least one adult for every 20 minors, or increments thereof, in attendance, who
shall remain in the facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the Department.
SS2-560
E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and
charge entrance fees and collect donations provided that a detailed plan of the
event, including the expenses, marketing plan and procedure for collecting fees, is
submitted with the rental application.
F. Facilities and equipment are to be left in the same condition as they were prior to
the rental. The permittee is responsible to pay for any damage to property or loss
of property. A fee equal to total replacement cost will be charged. It shall be the
responsibility of the permittee to see that unauthorized portions of the facility are
not used. Continued or repeated use of City facilities will be contingent upon care
of the facility, property and equipment, and observance of all approved rules and
regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the
permittee shall insure that no disorderly or illegal conduct shall be allowed in any
facility.
H. The use of public address equipment will be limited to that provided by the
facility, unless written approval has been secured by the Department through a
Special Event Permit.
I. Private groups wishing to collect fees, donations or admission charges, or those
using the facility to market a product, give a presentation, or advertise their
business, will be considered commercial users.
J. The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at any time.
L. Facilities are not available for reservations on the following holidays: Christmas
Eve, Christmas Day, Easter, PresidentLss' Day, Independence Day, Labor
Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's
Day, Thanksgiving and Veterans Day.
M. All persons using the facilities shall observe and obey regulations of this policy,
the rules of the Department and all applicable City, State and Federal laws, rules
and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in
designated spaces. Overnight parking is not allowed.
O. Minors must remain in the rented facility room and shall not be allowed to roam
unsupervised throughout the facility.
SS2-561
P. When no alcohol is served but the group size is 200 or more, one security guard
may be required, at the discretion of the Department Director.
Q. Policies and guidelines regarding caterers shall be adhered to.
R. All professional services utilized for events require a City of Newport Beach
business license and liability insurance listing the City as additionally insureds
S. Animals are not permitted within City Facilities with the exception of service
animals. However, this provision shall not apply to activities or programs of the
Recreation and Senior Services Department.
Fee Classifications - Priorities of Use
Permission for use of City facilities shall be granted on a first come first served basis,
subject to the following priorities:
A. All official Department initiated and/or conducted activities, including those of
the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City
Council Policies B-5 and B-10.
B. All official City of Newport Beach activities.
C. All official City co -sponsored groups and/or activities such as community groups
and activities which are non-profit, self-governing, privately organized and of an
educational nature which may be brought under the sponsorship of the
Department.
D. Official public agency sponsored programs and activities not included in A, B, and
C above.
E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50 % or more of membership
consisting of Newport Beach residents.
G. Recreational, social or civic activities of groups which are resident promoted and
sponsored by local non-profit* organizations which are open to the public and
have 50% or more of memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not
open to the public. (private parties)
SS2-562
I. Recreational, social or civic activities and/or groups which are non-resident
promoted and sponsored by non-profit organizations which are open to the
public, but not qualifying under D above.
J. Schools, colleges, hospitals and other similar civic groups not qualifying under the
definition of non-profit.
K. Others.
* Non-profit status is defined as an organization that is so defined by the Internal Revenue
Service, § 501(c) (3) and has a State of California Tax Identification Number.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically
adjusted and approved by the City Council. Fees are imposed to cover overhead,
processing, deposits, maintenance and replacement costs for application and scheduling
and maintenance of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the
deposit may be retained by the Department after inspection of the facility by the
Recreation and Senior Services Director or a designated representative and a
determination that the facility has not been left clean and/or in good repair.
B. A separate additional cleaning fee may be charged for rental of the OASIS Event
Center, Newport Coast Community Center, Community Youth Center, Civic
Center Community Room, Newport Beach Junior Guard Center, and Marina Park
Community Center. Q
C. No fee or deposit shall be charged for use of City facilities by the City of Newport
Beach, or events co -sponsored by the City of Newport Beach or its departments,
with the exception of direct costs.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast
Community Center, Community Youth Center, Civic Center Community Room,
Newport Beach Junior Guard Center, and Marina Park may occur seventy-two
hours prior to the scheduled use of facilities without forfeiting fees collected
by the City, with exception of a City service refund processing fee.
Cancellations with less than seventy-two hours notice will be charged a
cancellation fee established by resolution of the City Council. In the event of
cancellation by the City, notice will be given as far in advance of the scheduled
use as possible.
SS2-563
E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast
Community Center, Community Youth Center, Civic Center Community
Room, Newport Beach Junior Guard Center, and Marina Park that occur less
than thirty days prior to the scheduled use of the facility will be charged 25% of
the rental fee. Cancellations with less than seventy-two hours notice will be
charged the entire rental fee.
History
Adopted I-5-11-22-1962 ("Use Priorities and Fees")
Amended I-5 - 3-9-1970
Reaffirmed I-5 - 2-14-1972
Adopted G-4 - 5-13-1974 ("Use of City Facilities")
Amended I-5 - 5-28-1974
Amended I-5 - 2-13-1978
Amended G-4 & I-5-10-10-1978
Amended I-5 - 2-12-1979
Amended I-5 - 5-14-1979
Amended I-5 - 8-28-1979
Amended I-5-11-26-1979
Amended G-4 & I-5 - 2-9-1981
Amended I-5-11-23-1981
Amended I-5-10-12-1982
Amended I-5-10-25-1982
Amended G-4 & I-5 - 4-23-1984
Amended I-5-11-28-1988
Amended I-5-11-27-1989
Amended I-5 - 3-25-1991
Adopted I-25 - 5-26-1998 ("Public Use of City Facilities", incorporating G-4 & I-5)
Amended I-25 - 5-8-2001
Amended I-25 - 4-23-2002
Amended I-25 - 4-8-2003
Amended I-25 - 7-22-2003 (changed to B-13)
Amended B-13 - 9-13-2005
Amended B-13-10-10-2006
Amended B-13 - 8-11-2009
Amended B-13 - 5-14-2013
Amended B-13 - 5-12-2015
Amended B-13 - 8-8-2017
SS2-564
TEMPORARY SIGNS WITH SPONSORSHIP RECOGNITION
IN CITY PARKS AND BEACHES
Temporary signs which recognize sponsorship of City sponsored or co -sponsored
sports programs may be posted in a City park or beach when the signage complies with
the criteria set forth in this policy. The Recreation and Senior Services Director will
require that sponsorship signs meet the following guidelines and that any other
approvals which may be required are obtained:
A. The signage must relate to a program sponsored or co -sponsored by the City of
Newport Beach.
B. The signage must:
1. Not exceed twenty-four (24) square feet in size;
2. Be posted in a location not visible from public streets and pre -approved
by the Recreation and Senior Services Department;
3. Be posted only during toe their designated priority season for that
sports group; IF
4. Be aesthetically appealing, with consideration for the surrounding area as
determined by the Recreation and Senior Services Director.
C. No signage related to alcohol or tobacco is permitted.
D. The applicant is responsible for placement and removal of signage and for
storage, damage, theft, or loss of any sign posted.
History
Adopted I-26 - 9-14-1998
Amended I-26 - 4-8-2003 (changed to B-14)
Amended B-14 - 4-13-2004
Amended B-14 - 9-13-2005
Amended B-14 - 8-11-2009
SS2-565
PARKS, BEACHES AND RECREATION COMMISSION DECISIONS
The Commission shall, among other powers and duties, have the authority to make
decisions on the following proposals relating to park and open space facilities and
outdoor recreational activities:
A. Any proposal to install new lighting facilities in any recreational area owned or
controlled by the City of Newport Beach except low level lighting installed solely
for the purposes of safety or security;
B. Any proposal to establish new, or significantly modify, existing hours of operation
of any recreation facility or the hours during which recreational activity is
permitted on City property. For purposes of this subsection, any proposal to
establish or extend the hours of operation or recreational usage after 10:00 p.m.
Monday through Thursday, after 9:00 p.m. Friday through Sunday or before 7:00
a.m. on any day shall be subject to approval by the Commission. The provisions
of this subsection shall not require the Commission to confirm or validate hours
of operation in existence as of the effective date of this Council Policy. The time
frames in this section do not include time allocated to clean recreational areas after
activities are complete or continued lighting to facilitate clean-up;
C. Any proposal to install new recreational equipment or facilities within 100 feet of
the exterior boundary of any property zoned for residential use. The provisions
of this subsection shall not apply to the replacement or repair of existing
recreational equipment or lighting facilities;
D. Any proposal to construct or improve recreational facilities or recreational areas
that could reasonably be expected to significantly increase noise or traffic in any
residential area. The provisions of this subsection shall not apply to the
replacement, repair or enhancement of existing equipment or landscape,
improvements designed and intended to improve public safety, or modifications
to open space or recreational areas that do not significantly increase the area or
facilities available for recreational activities.
Notice
The Commission shall, prior to taking any action on any of the proposals described in
Paragraphs A - D, provide written notice of the proposal to all owners of residentially
zoned property within 150 feet of the property that is the subject of the proposal. The
written notice shall specify the substance of the proposal and the date, time and location
of the meeting at which the proposal is to be considered. In determining the ownership
of property the City shall use the latest equalized assessment roll. The exterior
SS2-566
boundaries of each parcel shall be used in calculating the distance between the residential
parcel and the property that is the subject of the proposal.
Appeal
Any person shall have the right to appeal to the City Council any Commission decision
on any of the proposals described in Paragraphs A - D. The appeal must be in writing
and filed with the City Clerk within fourteen days after the date on which the
Commission took action on the proposal. The appeal shall not be accepted unless
accompanied by the fee established by Resolution of the City Council. The hearing on
the appeal shall be scheduled within thirty (30) days after the appeal is filed with, and
accepted by, the City Clerk. The City Council shall, in ruling on the appeal, consider the
information, documents and testimony presented to the Commission and other relevant
information known to the appellant when the matter was presented to the Commission.
Council Call -Up
Any member of the City Council shall have the right to call up for review (call-up) any
action or decision of the Commission on any of the proposals described in Paragraphs A
- D. The hearing on the "call up" shall be conducted in accordance with the procedures
for an appeal as specified in the Appeal section of this policy. The only reason for a City
Council call-up shall be for the entire body to hear the matter.
History
Adopted I-27 - 9-13-1999
Amended I-27 - 4-8- 2003 (changed to B-15)
Amended B-15 - 8-8-2017
SS2-567
MAXIMIZING PUBLIC ACCESS TO CITY PARKS
The purpose of this policy is to maximize access for the general public to the parks of the
City of Newport Beach. As steward of the coastal parks and beaches, the City Council
establishes the following guidelines for reserved use of those City parks in high traffic
areas: IF
A. Reservations for the use of Inspiration Point, Peninsula Park, an -a Lookout Point
shall be permitted only during the non -peak tourist season, specifically the
period after the Labor Day weekend in September to, but not including,
Memorial Day weekend in May:
B. Groups of more than 20 attendees or participants may not reserve the following
view p r cs *an time•
o a e ark
Galaxy View Park
Inspiration Point
Lookout Point
Sunset View Park
C. Reservations for use of City park areas can only be made through the City, with
payment fees established by resolution of the City Council.
D. The Park Patrol Program undertakes the program of educating the public on the
rules and regulations for use of all City parks, especially those of high use and
during the peak summer season.
E. Exceptions to this policy shall only be
events ea spenser-ed by the City ef Newper-
geael-c, stieh as the Corona del Mar 5K Race, and for events at Galaxy View Park IF
approved through the Special Event Permit process.
History
Adopted I-28 - 2-26-2002
Amended I-28 - 4-8-2003 (changed to B-16)
Amended B-16 - 4-13-2004
Amended B-16 - 5-12-2015
Amended B-16 - 8-8-2017
SS2-568
B-17
PARKS, FACILITIES, AND RECREATION PROGRAM DONATIONS
Purpose
The City Council recognizes the need to promote community involvement and active
participation in quality of life components throughout the community, and the need to
establish a fair, equitable, and uniform procedure by which gifts may be donated to the
City. This policy establishes criteria for donations to assure area compatibility,
attractiveness, usefulness, and sustainability of maintenance. Each donation considered
for inclusion in the City's parks and streets system will be subject to established
limitations and guidelines for each particular area.
Policy
A. Acceptance of Donations
1. Based on the value of the donation, appropriate City staff will review the
acceptability of any donation and determine if the benefits to be derived
warrant acceptance of the donation.
2. Criteria for evaluation includes consideration of any initial expenditure
required in order to accept the donation, the potential and extent of the
City's obligation to maintain the donation for a minimum of 10 years, and
the community benefit to be derived from the donation. After 10 years, or
at the end of the donated item's useful life, the donated item may be
removed or replaced by the City.
3. The cost of a tangible donation shall also include a maintenance fee equal to
50% of the estimated 10-year maintenance cost of the donated item, paid for
in full by the donor at the time of the donation, and at renewal if the donor
elects to renew the donation as part of the first right of refusal process, per
section G. This maintenance fee is in addition the cost and installation of the
donated item.
B. Types of Donations
Donations may only be received in the form of a check. Restricted donations are
those donations that the donor specifies for a particular City location or purpose.
Unrestricted donations are those donations that are given to the City for
unspecified use.
1. Trees
SS2-569
B-17
Donations for trees add beauty to City parks and facilities. Donations for trees
may be used to install a tree or trees at parks recommended by the Deputy
Public Works Director, Municipal Operations and approved by the Parks,
Beaches and Recreation Commission. Depending on availability, the
minimum cost of tree donations must be equal to the price of a 48" boxed
container plus maintenance costs, unless waived by the Commission. Tree
donations are limited to specific species that match the landscape in park
locations.
2. Benches
Donations for a bench will be used to install a bench in different areas
including parks, streets, along the beachfront, within villages, commercial
districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and
Recreation Commission, with the assistance of Public Works Department
staff, shall designate the type, style, design, and placement of City -owned
benches on City property.
a. An inventory of designated benches and available bench locations
will be maintained by the City.
b. Donation requests must be submitted to the Public Works -
Municipal Operations Division and meet the following requirements:
Bench donations along a city street, beachfront or other public
right of way will require the approval of the Deputy Public
Works Director.
ii. Donations for a bench within a commercial district will require
notification of, and an endorsement from, the local business
association, if applicable.
iii. Donations for a bench to be located at a park or facility within
a residential community will require notification of residents
and any established homeowners association or common
interest development, when applicable, within 300 feet of the
proposed location for placement.
iv. Donations for LmmVpes of benches, and any exception to the
following, must be approved by the Parks, Beaches and
Recreation Commission. Donors can choose from the
following:
2
SS2-570
FDOWA
2 Huntington Beach Style - Standard Concrete Park
Bench;
3-, Victoria Style - Backless Standard Concrete Park
Bench; or
41 Infinity Style - Standard Park Bench with metal
legs and composite bench slats. Comes in
standard or backless.
3. Park, Public Improvement, and Street Amenities
Donations for other amenities such as drinking fountains, tables, and other
equipment that will improve public places in parks, in and/or around
public buildings, streets, walkways, and trails may be offered to the City.
a. Donations for other amenities will be identified and approved by
City Staff.
b. Donation of funds for public amenities valued at or below the
amount set forth in City Council Policy F-3 may be accepted by the
City Manager.
C. Donation of funds for public amenities valued at the amount set forth
in City Council Policy F-3, and above, requires City Council
approval.
d. Donations of funds for public amenities to be installed on public
sidewalks shall meet the criteria described in Policy L-6
Encroachments in Public Rights -of -Way and be approved by the
Public Works Director.
C. Naming Rights
Donors may receive naming rights on capital improvement projects for which any
donation matches or exceeds 75% of the total budgeted cost for the area benefiting
from the donation. All such donations will be submitted to the City Council for
acceptance of the donation and the name to be applied to the project in keeping
with City Council Policy B-9 — Naming of City Parks & Facilities.
Kj
SS2-571
B-17
D. Sponsorships
Special Events are recognized as fundraising activities. Where donations or
sponsorship of a special event will require some form of recognition, and, in order
to provide recreational opportunities, corporate or organizational sponsors may be
recognized by use of logos and name on event banners and signage. Signs and
literature at all such special events is at the discretion of the appropriate
Department Director. The size, scale and location of corporate logos and names
should not dominate the event facilities or area. Corporate logos and/or names
should not be displayed in a manner that would, in any way, suggest the
endorsement of the Department or the City. All signs must comply with the City's
existing sign code and Council Policies B-3 and B-8.
E. Right to Decline
The City of Newport Beach reserves the right to decline any donation if, upon
review, acceptance of the donation is determined to not be in the best interest of
the City.
F. Special Privileges
Making a donation or co -sponsoring a special event does not entitle a
sponsor/donor to any special privileges other than those stated in this policy such
as recognition or displays at events, unless otherwise agreed upon and approved
by the Department Director or the City Council when appropriate.
G. Timeliness
All donations are limited to a period of 10 years or until the end of the useful life of
the item. After 10 years, or the end of the useful life of the item, whichever comes
first, reasonable effort will be made to contact the original donor (City will attempt
to make contact for no more than 30 days if donor is unable to be reached) for a right
of first refusal to keep the donation in their name. If denied, or the donor is unable
to be reached, the location may become available for a new donation.
H. Acknowledgements
1. Letter of acceptance of donation will be sent to the donor.
2. In some cases, recognition of donations may be given at Commission or
Council Meetings.
4
SS2-572
B-17
3. A donor will receive a certificate of acknowledgement for the donation and
their name will be placed on the GIS Donation map, with coordinates of the
location of their donation.
4. Donations are not eligible for donation plaques, however the donor will be
provided with a certificate acknowledging the donation and the location of
the donated item.
History
Adopted I-15 - 7-22-1991 ("Park Improvement Donation')
Amended I-15-1-24-1994 (changed to G-5)
Amended G-5 - 6-27-1994
Amended G-5 - 6-24-1996
Adopted B-17 - 5-9-2006 ("Park, Facilities, & Recreation Donations", incorporation G-5)
Amended B-17 - 2-24-2009
Amended B-17 - 6-26-2012
Amended B-17 - 8-8-2017
Amended B-17 - 9-10-2019
5
SS2-573
RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES
Goal of Policy
To establish and maintain appropriate diversity in tree species and age classes to provide a stable and
sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe
condition through the efficient use of City resources. To require that in approving any tree removal or
reforestation request, the Parks, Beaches and Recreation Commission ("Commission") shall find that the
tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban
Forest. To educate the public of the protections of the City's Urban Forest and guide, in a user-friendly
way, the mechanisms in place for tree replacements.
Purpose
The purpose of this policy is to establish definitive standards for the retention, removal, maintenance,
reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important
part of the character and charm of the entire City and provide environmental benefits as well. Regular care,
trimming, root pruning, maintenance, and programmed replacement are necessary to preserve this charm
while at the same time protecting public views consistent with City Council Policy G-3, providing personal
safety, and preventing public and private property damage and providing a sustainable urban forest.
The City classifies public trees in one of three categories: Special City Trees, Problem City Trees, and
Standard City Trees.
L SPECIAL CITY TREES
It is the City's policy to retain Special City Trees ("Special Trees") categorized as Landmark,
Dedicated, or Neighborhood trees, because they have historical significance, and/or contribute to,
and give character to, a location or to an entire neighborhood. Landmark, Dedicated, and
Neighborhood trees are identified by species in Exhibit A and shall hereinafter be collectively
referred to as Special Trees. Trees within these three categories shall be identified, mapped,
recorded and administered by staff for the Commission. When staff proposes modifications, the
Commission shall review the Special Tree list and forward recommendations for additions or
deletions to the City Council for approval.
Landmark Trees are identified as those individual Special Trees that possess historical significance
by virtue of their size, age, location, or species.
Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations.
Updates will be made annually to the City tree inventory system that correspond to the amended
B-17 Policy: Parks, Facilities, and Recreation Program Donations. Exhibit A of this Policy will be
updated annually to reflect updates.
SS2-574
Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend
a special character to a residential, commercial, or business area.
All Special Trees shall be retained unless there are overriding problems which will require their
removal such as death, disease, interference with infrastructure, or the creation of a hazardous
situation. Prior to considering the removal of any Special Tree(s), the Public Works Deputy
Director, or designee, shall prepare a Tree Inspection Report, with a Tree Risk Assessment,
identifying and implementing specific mitigation measures to retain the tree(s). For Landmark
Tree(s), the Tree Risk Assessment shall include Level 3 Testing: Advanced Techniques to confirm
the presence of any potential risks, unless waived by the City Council in advance. Where Tree
Risk Assessment and Level 3 Testing: Advanced Techniques are required, the full costs of
such testing and associated report will be the sole responsibility of the applicant. If the
specific mitigation measures are unsuccessful or impractical in retaining a tree(s), then a full staff
report shall be made to the Commission before any further action considering removal is taken. The
reports shall also be provided to the Councilperson of the district in which the Special Tree is
located. Prior to any removal of Special Tree(s), the City must comply with the noticing and appeal
provisions set forth in Section IV.A (Removal of Special City Trees), unless a Special Tree is
considered so hazardous as to necessitate an emergency removal. In the case of emergency
removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal
of a hazardous tree.
Long term, most trees reach maturity and decline, and will be replaced one -for -one with the same
species or the closest equivalent wherever possible. An alternate species may be recommended by
Staff if the same species is unavailable and will be subject to approval by the Commission.
During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be
taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and
gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not
destabilize or kill the tree. If both sides of a Special Tree's roots are to be pruned, one side should
be pruned at minimum two years in advance of the other side depending upon the species and other
related factors. If root pruning methods are not practical and/or critical to the health of the tree, then
alternate or special hardscape improvements should be considered by the City in order to retain the
tree providing that these measures are practical, costs are reasonable, and that they comply with
Americans with Disabilities Act (ADA) standards. All proposed root pruning or other tree treatment
shall be evaluated and approved by the City Arborist.
Special Trees may be considered for removal in conjunction with a City Council -approved
beautification project utilizing the Removal of City Trees procedures as noted in Section IV.A. of
this Policy.
SS2-575
11. PROBLEM CITY TREES
A Problem City Tree ("Problem Tree") is defined as a tree that by virtue of its species is known to
cause excessive hardscape or utility damage due to its excessive root system. The following trees
are defined as Problem Trees:
• Ficus nitida (Indian Laurel Fig)
• Ficus rubiginosa (Rusty Leaf Fig)
• Ficus benjamina (Weeping Fig)
• Fraxinus uhdei (Shamel Ash)
• Cupaniopsis anacardioides (Carrotwood)
• Liquidambar styraciflua (American Sweet Gum)
• Schinus terebinthifolius (Brazilian Pepper)
Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of
City Council Policy G-6 unless they are Special Trees.
Problem Trees that are not designated Special Trees may be removed for the following reasons:
A. The Problem Tree has had a repeated history of damaging public or private sewers, water
mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations
based on City records or other competent and reliable authority. Water or sewer blockage
that results from tree roots and causes significant documented private property damage
(greater than $1,000.00) may be sufficient criterion for tree removal; or
B. The Problem Tree has had a repeated history of significant interference with street or
sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or
C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that
cannot be resolved by normal nor alternative tree trimming procedures.
Problem Trees may be proposed for removal by either staff or private property owners. The
City Arborist has the authority to remove Problem Trees. No more than 50 Problem Trees
may be removed per year by staff under the above criteria without special approval of the
Commission. Replacement trees of a minimum 36-inch box size shall be planted if funding,
availability, and growth space permits.
Staff is responsible for notifying the adjacent property owner, the legally established
homeowners association, if applicable, and the Councilperson of the district where the
removal is proposed, of the intent to remove a Problem Tree.
SS2-576
The decision by the City Arborist to remove a problem tree is final unless called up by at
least one Councilperson. The City Arborist shall report the removal of Problem Trees under
the above criteria on a monthly basis to the Commission. The cost to remove and replace
Problem Trees will be the sole responsibility of the City based on funding, availability, and
growth space, except for Category C (view).
I11. STANDARD CITY TREES
A City tree which is located on City real property (parkways, parks, other City -owned property) and
not designated as a Special or Problem Tree is designated as a Standard City Tree ("Standard Tree").
It is the City's policy to retain Standard Trees unless removal is necessary for one of the following
reasons:
A. The City tree has had a repeated history of damaging public or private sewers, water mains,
roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on
City records or other competent and reliable authority. Water or sewer blockage that results
from City tree roots and causes significant public or private property damage (greater than
$1,000.00) may be sufficient criterion for tree removal; or
B. The City tree has had a repeated history of significant interference with street or sidewalk
drainage; or
C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A
dead tree is one that has been assessed by the City Arborist and found to have deceased.
Diseased trees are defined as those trees that cannot be cured by current arboricultural
methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees
are those that have no prospect of recovery. Hazardous trees are defined as those that are
defective, have a potential to fail, and would cause damage to persons and property upon
failure. The City Arborist will perform a Level 2: Basic, Tree Risk Assessment whenever a
tree is identified as hazardous. The assessment will identify: structural defects of the tree,
parts of the tree most likely to fail, targets where imminent personal injury or property
damage may result with tree failure, and procedures or actions necessary to mitigate the
hazard. After assessment, the City Arborist will expeditiously convey his written findings
and recommendations to the Landscape Manager for evaluation. In the case of imminent
tree failure, the Landscape Manager or the City Arborist shall have the authority to direct
the emergency removal of a hazardous tree without further approvals; or
D. The tree(s) have been requested to be removed in conjunction with a City Council -approved
City, commercial, neighborhood, or homeowners association beautification program; or
SS2-577
E. The tree(s) have been requested to be removed in conjunction with a commercial or
residential project. Approval will only be granted if the City tree unreasonably impedes the
planned construction. In these cases, the applicant will coordinate and assume all costs for
the removal and replacement. Replacements will be a minimum of 36-inch box size, but
larger sizes may be required at the Landscape Manager's discretion; or
F. The City Manager, upon the advice of the Public Works Deputy Director, City Attorney,
Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem
or Standard Trees to resolve claims or safety issues.
IV. REMOVAL OF CITY TREES
A flowchart detailing tree removal procedures is available on the Public Work's website:
www.newportbeachca. gov/govemment/departments/public-works/municipal-operations
The initiation to remove City tree(s) may be made by the staff of the Public Works Department, a
homeowners association, or a private property owner by submitting an application to the City
Arborist, utilizing the City Tree Removal form available on the Public Works website:
www.newportbeachca. gov/government/departments/public-works/municipal-operations
The City will replace all trees removed in accordance with the Standard Trees removal criteria on a
one for one basis, as funding, availability, and growth space permits. Replacement trees will be a
minimum of a 36-inch boxed size. If 36-inch boxed trees are not available or if funding or space
constraints prevent planting of a 36-inch boxed tree, then the largest tree available for the space
available will be planted. The full costs of removal and replacement of all City Tree(s) will be the
sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to
upgrade to a box size larger than a 36-inch box as a replacement (if available), then the resident will
be responsible for the difference in price.
A. Removal of Special City Trees
Special Trees, other than Landmark Trees, may be considered for removal under the
same criteria as Standard Trees in Section III if a full staff report, prepared by the
Public Works Deputy Director and approved by the City Manager, is provided to the
Commission detailing the necessity of removal and any specific previous treatment
of the tree.
Removal of a Special Tree(s) is initiated by submitting an application utilizing the
City Tree Removal form.
SS2-578
• After receipt of the application, a Tree Inspection Report shall be prepared by the
City Arborist to determine if the tree(s) meets the criteria for consideration for
removal outlined in Section III. The City Arborist shall determine whether in his/her
judgment additional specific mitigation measures can be initiated to retain the tree
provided the costs are reasonable.
• Private property owners, residential communities, neighborhoods, or business
organizations who apply for a Special Tree removal(s) must submit a petition signed
by a minimum of 60% of City of Newport Beach property owners within a radius of
500 feet from the location of the proposed tree removal. The petition content must
be approved and dated by City staff prior to distribution by the applicant. The staff -
approved petition must be distributed by the applicant to all private property owners
within the 500-foot radius. Signatures by non -property owners are not acceptable for
petition purposes, and there may be no more than one signature per property. All
petition signatures shall be verified by City staff for property owner status of the
person(s) signing the petition.
• Private property owners represented by a homeowners association with mandatory
membership and within the 500-foot radius must, instead of the above petition
procedure, submit a petition through their association. The association shall submit
a resolution of the Board of Directors formally requesting a Special Tree removal(s)
with a statement that all members of the homeowners association affected have been
officially notified and given an appropriate opportunity to respond before the Board
voted on the request.
• The City Arborist shall also provide a notice of the proposed tree removal to the
adjacent property owner (if not the applicant), the private property owners
immediately adjacent to the applicant's property, and the appropriate homeowners
association if applicable (not applicable to the emergency removal of hazardous trees
under Section I (Special Trees)).
• Once a recommendation is made by the City Arborist and the Landscape Manager
to the Public Works Deputy Director or designee and the Deputy Director concurs,
then the applicant, and private property owners within a 500-foot radius of the tree
location, and a homeowners association if applicable, shall be notified via postcard
of the recommendation at least 30 days before the Commission meeting. The
postcard will include the date, time, and location of the Commission meeting and a
City contact number. A homeowners association is responsible for notification of all
association members pursuant to their established procedure.
• An 8" x 5" placard will be posted on the Special Tree(s) considered for removal at
least 30 days before the Commission meeting. The placard will include the following
information: the date of its posting, the date, time and location of the Commission
meeting, and a City contact number.
SS2-579
• The Public Works Deputy Director, or a designee, shall prepare a full staff report for
a regularly scheduled Commission meeting of all trees recommended for removal,
except for the emergency removal of hazardous trees in Section I (Special City
Trees) of this Policy.
• Following Commission approval for removal of a Special Tree(s), the tree(s) will be
posted with a new 8" x 5" placard at least 30 days prior to the removal notifying the
public that they have the right to appeal. The placard shall also note a Staff contact
number and a date on which it was posted.
• Any appeal to the Council regarding a Commission tree decision must be received
by the Public Works Deputy Director no later than 30 calendar days following the
date of the above reposting after the Commission decision. The Public Works Deputy
Director will delay any tree removals until the appeal period has expired or until the
Council has acted upon the appeal.
• The full costs of removal and replacement of a Special Tree(s) will be the sole
responsibility of the City, unless an applicant voluntarily pays for a new tree(s).
B. Removal of Problem City Trees
• Problem Trees may be proposed for removal by either City staff, a homeowners
association, or private property owners by written application utilizing the City Tree
Removal form. The City Arborist has the authority to remove Problem Trees.
• If there are no removal criteria other than it being a Problem Tree species, then no
more than 50 Problem Trees may be removed per year by staff without special
approval of the Commission.
• If there are no removal criteria other than it being a Problem Tree species, then no
more than one of three problem parkway trees in a continuous row may be removed
in a one-year period unless part of a reforestation approved by the Commission.
Replacement trees of a 36" boxed size shall be planted if funding, availability, and
growth space permits.
• Staff is responsible for providing advance written notification, as applicable, to the
adjacent property owner, the legally established homeowners association, and the
Councilperson of the district where the removal is proposed of the intent to remove
or retain a Problem Tree.
SS2-580
• Except for those trees categorized as Item C (dead, diseased, or dying trees) or
Item F (claims and safety issues) in Section III (Standard City Trees), all Problem
Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar
days prior to the scheduled removal. The placard shall also note a Staff contact
number and a date on which it was posted. Unless deemed an emergency, posting
for the removal of dead, diseased, or hazardous trees shall be at least 72-hours prior
to the scheduled removal.
• The decision by the Landscape Manager to remove a problem tree is final unless
called up by at least one Councilperson. The City Arborist shall report the removal
of Problem Trees on a monthly basis to the Commission.
• The cost to remove and replace Problem Trees will be the sole responsibility of the
City based on availability of funding, with the exception of Category C (view) in
Section II, which is the sole responsibility of the applicant.
C. Removal of Standard City Trees
• The initiation to remove a Standard Tree(s) may be made by the staff of the Public
Works Department, a homeowners association, or a private property owner by
submitting an application to the Landscape Manager, utilizing the City Tree
Removal form.
• After receipt of the application, a Tree Inspection Report shall be prepared by the
City Arborist to determine if the tree(s) meets the criteria for consideration for
removal as outlined in the above Section III (Standard City Trees). The City Arborist
shall determine whether in his/her judgment additional specific mitigation can be
initiated to retain the tree provided the costs are reasonable.
• Once a recommendation is made by the City Arborist to the Landscape Manager, or
designee, and the Manager agrees with the recommendation, the City may remove
the tree(s). The authority to remove Standard Trees rests with the Landscape
Manager.
• Staff is responsible for providing advance written notification, as applicable, to the
adjacent property owner, the legally established homeowners association, and the
Councilperson of the district where the removal is proposed of the intent to remove
or retain a Standard Tree.
• Except for those trees categorized as Item C (dead, diseased, or dying trees) or
Item F (claims and safety issues) in Section III (Standard City Trees), all Standard
Tree removal(s) shall be posted with a minimum 8" x 5" placard at least 14 calendar
days prior to the scheduled removal. The placard shall also note a Staff contact
number and a date on which it was posted. Unless deemed an emergency, posting
for the dead, diseased, or hazardous trees shall be at least 72-hours prior to the
scheduled removal.
SS2-581
Any appeal to the Commission regarding a tree decision must be received by the
Public Works Deputy Director no later than 14 calendar days following the date of
posting or notice of intent. The Public Works Deputy Director will delay any tree
removals until the appeal period has expired or until the Commission has acted upon
an appeal.
The City will replace all trees removed in accordance with the Standard Trees
removal criteria on a one for one basis. Replacement trees will be a minimum of a
36" boxed size. If 36" boxed trees are not available, or funding or space constraints
prevent planting of a 36-inch box tree, then the largest tree available for the space
available will be planted. If resident/applicant desires to upgrade to a 48-inch boxed
tree or larger, the resident/applicant will be responsible for the difference in price.
The full costs of removal and replacement of a Standard Tree(s) will be the sole
responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or
desires to upgrade to box size larger than 36-inch planted as a replacement, then the
applicant will be responsible for the difference in price.
V. REFORESTATION OF CITY TREES
A. Description of Reforestation
Reforestation is defined as the concept of systematically replacing Problem or Standard
Trees which are creating hardscape and/or view problems and cannot be properly trimmed,
pruned or modified to alleviate the problem(s) they create; or those which have reached their
full life and are declining in health; or are simply the wrong species of trees for the planted
location.
It is recognized and acknowledged that many City trees were planted years ago and in some
cases were planted with specific species that when fully mature cause damage to curb, gutter,
sidewalk, or underground utilities. Within the geographical boundaries of certain view
neighborhoods, City street trees may encroach into blue water views from public and private
property depending on the length of time since the trees were last trimmed, or the age and
height of the trees. In other cases, the wrong species of tree was planted originally and simply
does not conform to the current treescape or may represent a safety hazard. The City Street
Tree Designation List and the City Parkway Tree Designation List attached to City Council
Policy G-6 reflect an effort by the City to designate appropriate tree species that will not
cause future problems.
The City understands the importance of trees and the beauty they bring to a community, and
desires to continually improve the urban forest through reforestation. In areas where City
trees have been removed through City initiation, the City will endeavor to replace the trees
one for one with the appropriate street tree.
SS2-582
B. Application for Reforestation
Reforestation requests shall be made by submitting an application to the Landscape Manager
for consideration by the Commission. Requests shall comply with the following
requirements:
• The proposed area must have clearly defined contiguous geographical boundaries
that include the tree(s) proposed for removal and replacement, street address(es),
block number(s), or other geographical information.
• Submission of a petition signed by the owners of a minimum of 60% of the properties
within a radius of 500 feet from the location of the proposed reforestation. The
petition content must be approved and dated by City staff prior to distribution by the
petitioner. Signatures by non -property owners shall be invalid and only one signature
per property shall be counted towards the 60% threshold. The 60% threshold is based
on the number of properties, not the number of property owners. All petition
signatures shall be verified by City staff for property owner status of the person(s)
signing the petition.
• Private property owners who are mandatory members of a homeowners association
must submit reforestation requests through their association. The request shall
include a resolution of the Board of Directors formally requesting a reforestation
with a statement that all members of the homeowners association have been officially
notified and given an appropriate opportunity to respond before the Board voted on
the request. The homeowners association is responsible for notification of the
outcome of the Board's vote to all association members, pursuant to their established
procedure.
• The requestor agrees, in writing, to pay 100% of the costs of the removal and
replacement of the public tree(s) in advance of any removal activity. The actual
removal and replacement work will be performed by a City contractor coordinated
by the Public Works Department, Municipal Operations Division. The total costs for
removal and replacement work shall include only the contractor's costs and be paid
in advance of any removal actions.
C. Action Upon Application
• Petitions that are submitted more than 90 days past the date stamped by staff
before distribution shall be invalid and the request shall not be forwarded to the
Commission for consideration. The Landscape Manager may extend this
timeframe at his or her discretion.
SS2-583
City staff shall post the tree(s) proposed for reforestation with an 8" x 5" placard at
least 14 calendar days prior to the scheduled Commission meeting. The placard will
include the date it was posted, the date, time and location of the Commission meeting
and a City contact number.
For requests from a homeowners association: City staff shall notify private property
owners within a 500-foot radius of the tree(s) requested for reforestation via postcard
at least 14 calendar days prior to the Commission meeting. The postcard will include
the date, time and location of the Commission meeting and a City contact number.
In hearing reforestation requests, the Commission may consider any and all relevant
circumstances, including but not limited to the following:
o Health or overall condition of the tree(s)
o Degree of verifiable public or private property damage from the tree(s)
o Degree of verifiable view impairment from the tree(s)
o If the tree species is a Problem City Tree (Section II)
o The level of community support and/or opposition
o The value of the existing tree(s) versus the value of the replacement tree(s)
o Whether the tree species is inappropriate for the location or does not conform
to the current treescape
o Efforts made to ensure adequate notification
The decision of the Commission shall be final unless called up by a Councilmember.
D. Reforestation Work
The replacement tree(s) shall be an appropriate tree(s) that meets the criteria of the
City's Street Tree Designation List or the City Parkway Tree Designation List as
identified in City Council Policy G-6, or the requestor must obtain approval from the
Commission of the designation of a different tree species other than the designated
street tree, or an appropriate species based on the City Tree Designation Lists.
There shall be a minimum of a one -for -one replacement of all trees. Replacement
trees shall be a minimum size of 36-inch boxed trees, unless the parkway space will
not accommodate a 36-inch boxed tree or a tree cannot be planted due to planting
restrictions contained in City Council Policy G-6. Per the Landscape Manager's
discretion, a larger sized box tree may be planted if it is replacing a tree of significant
size or value in the City's inventory and ample planting space is available. If there is
not room for the replacement tree(s) at a specific site as designated by City Council
Policy G-6, then the replacement tree(s) shall be planted in a public area in the same
neighborhood at the option of the requestor.
SS2-584
• The requestor shall be responsible for the watering and fertilizing of replacement
trees to ensure their proper growth and development as outlined in City Council
Policy G-6. Section 13.09.030 of the Municipal Code also requires property owners
to water and fertilize parkway trees adjacent to their property.
VI. TREE MAINTENANCE
The City will endeavor to fund the care of the Urban Forest to the highest level possible through the
efficient use of regular tree trimming, root pruning, root barrier and pesticide programs in
accordance with City Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any
person from tampering with City trees.
VII. ENCROACHMENT AND DEMOLITION PERMITS
All encroachment permits (permits for private property development which are proposed to install
improvements in the City right of way) or demolition permits that involve the removal or
replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to
the building and/or demolition permit process whenever possible. The proposed construction plans
must indicate preservation of existing City trees wherever possible (except trees that are dead, dying,
or in an advanced state of decline). If the proposed development requires the removal of City trees
(that are not dead, dying or in decline), the property owner must submit a tree removal form to the
Landscape Manager, pay for all related tree removal and one -for -one replacement costs, and meet
all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and
13.09, or any successor policies or sections. Approval or disapproval of all tree removal/
replacement requests associated with encroachment and demolition permits will be the
responsibility of the Public Works Deputy Director or a designee.
VIII. TREE TRIMMING STANDARDS
The City Council has adopted tree trimming cycles for trees of different ages and species. Tree
trimming cycles and trimming standards shall represent the maximum feasible frequency given
current fiscal conditions. Except as provided in the Supplemental Trimming Section below,
trimming shall be in accordance with the standards of the International Society of Arboriculture
(ISA). In those communities with a homeowners association, periodic tree trimming with an
emphasis on crown reduction or vista trimming will be considered by the City Arborist upon written
request by the association.
SS2-585
IX. SUPPLEMENTAL TREE TRIMMING
The City will consider requests to trim certain trees more frequently or to trim trees consistent with
practices applied prior to the adoption of ISA standards (to enhance public and private views,
preserve required sight/distance standards, or other public purposes) which are submitted by
affected private property owners or the board of a homeowners association and the request is
accompanied by a completed "Supplemental Tree Trimming Form" and full payment for the
requested tree trimming. However, since these practices often require 'topping' or possible
disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation
shall be considered when supplemental tree trimming is impractical or infeasible as determined by
the City Arborist.
The Landscape Manager shall establish procedures to implement the supplemental trimming
provisions of this Policy. In areas with an active homeowners association, approval must be obtained
from a legally established association by the requestor of supplemental tree trimming if the
requested trimming is to be undertaken within the association boundaries.
[Attachment - Exhibit A Special City Trees]
History
Adopted 1-9 - 5-9-1966
Reaffirmed 1-9 - 8-30-1966
Amended 1-9 - 8-14-1967
Reaffirmed 1-9-11-12-1968
Reaffirmed 1-9 - 3-9-1970
Reaffirmed 1-9 - 2-14-1972
Amended 1-9-11-9-1976
Amended 1-9-11-12-1985
Amended 1-9-11-28-1988
Amended 1-9 - 3-14-1994 (changed to G-1)
Amended G-1 - 4-11-1994
Amended G-1 - 2-26-1996
Amended G-1 - 7-14-1997
Amended G-1 (Administratively)-11-24-1997
Amended G-1 - 8-10-1998
Amended G-1-1-25-1999
Amended G-1 - 2-22-2000
Amended G-1 - 4-23-2002
Amended G-1-4-27-2004
Amended G-1-10-11-2011
SS2-586
Amended G-1 - 9-8-2015
Amended G-1 - 8-8-2017
Amended G-1 - 2-9-2021
Amended G-1 - 5-9-2023
SS2-587
LANDMARK
TREES
DEDICATED
TREES
EXHIBIT A
SPECIAL CITY TREES
Balboa Boulevard Median
Balboa Library
Balboa Library
Bob Henry Park
Castaways Park
Lido Hotel Site
Dover Drive east of Irvine Avenue
Dover Drive at Westcliff
John Wayne Park
Lido Isle Medians
Main Street
Marine Avenue (Balboa Island)
Ocean Blvd. Corona del Mar
Wedge Area
West Jetty View Park
(near Historical Marker)
Westcliff & Dover (Groves) Bike Trail
Araucaria heterophylla (1)
Eucalyptus globulus (3)
Phoenix canariensis (1)
Ficus rubiginosa (1)
Phoenix canariensis (1)
Ficus microcarpa'Nitida' (2)
Erythrina caffra (1)
Liquidambar styraciflua (4)
Erythrina caffra (1)
Pinus pinea (4)
Ficus microcarpa'Nitida' (1)
Eucalyptus (Various Species) (47)
Phoneix canariensis (5)
Myoporum laetum (2)
Phoenix canariensis (2)
Eucalyptus globulus (49)
Bayside Park
Pyrus calleryana
(Newport -Irvine Rotary Club)
Bayview Park
Cinnamomum camphora
(Gene Atherton)
BMiew Park
Cassia leptophylla
(Thomas Edward Mansfield and Owen Thomas Vatter)
Begonia Park
Bauhinia blakeana
(Dr. Leo V. Turgeon)
Begonia Park
Prunus cerasifera
(Cheryl Bailey Ringwald)
Bob Henry Park
Ficus rubiginosa
(Bob Henry)
Bonita Canyon Sports Park
Melaluca linariifolia
(Elaine Linhoff)
(Fern Pirkle)
Buffalo Hills Park
Erythrina caffra
(Bahia Community Earth Day Celebration)
Buffalo Hills Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Castaways Park
Pinus torreyana
(Kevin Murphy)
SS2-588
(Mary Louise Romine)
Castaways Park
Platanus racemosa
(Joe Clarkson)
(Michael F. Gustin)
(Arthur Grant Kidman Junior)
(Grover Stephens, PH.D.)
(Arthur C. Wahlstedt, Jr.)
(John D. Woodruff)
Castaways Park
Quercus agrifolia
(Nancy Bergeson)
(Logan David Burley)
(Sawyer Dean Burley)
(Sawyer Dean Burley)
(Bob & Susan Caustin)
(Joe Clarkson)
(Yen Chu Kuo)
(Ryan Lemmon)
(Virginia Najera)
(Eva Victoria Najera)
(David Rapp)
(Nancy & Jack Skinner)
(Staycee Stone)
(Jason Stradtman)
(Robert T. Talbot)
(Jan Vandersloot)
(Jean Watt)
Castaways Park
Quercus kelloggii
(Gregory Courteau)
Cliff Drive Park
Bauhinia blakeana
(Susan Benz)
Cliff Drive Park
Cassia leptophylla
(Francis P. Hemenway)
Cliff Drive Park
Quercus agrifolia
(Gary Lovell)
(Dr. Vandersloot)
Coastal Peak Park Quercus agrifolia
(Jared Romine)
Eastbluff Park Hymenosporum flavum
(Lucy Huntsman)
Eastbluff Park
(Billy Covert)
Galaxy View Park
(Trey Hunter)
Galaxy View Park
Ficus macrophylla
Cupaniopsis anacardioides
Metrosideros excelsa
SS2-589
(Dylan Ayres)
Galaxy View Park Cassia leptophylla
(Virgina Herberts)
Grant Howald Park
Cassia leptophylla
(Jean & Coalson Morris)
Grant Howald Park
Hymenosporum flavum
(Skipper Mark Howes)
Grant Howald Park
Metrosideros excelsus
(Mark Munro)
(Pete Munro)
Grant Howald Park
Spathodea campanulata
(Cara Lee)
Irvine Terrace Park
Platanus racemose
(Beckett Glyer)
Irvine Terrace Park
Platanus racemosa
(U.S. Bicentennial Freedom Tree)
Irvine Terrace Park
Pinus pinia
(Calif. Bicentennial)
Irvine Terrace Park
Liquidambar styraciflua
(Dana Harmon)
Irvine Terrace Park
Pinus nigra
(Sister City of Okazaki)
L Street Park
Cassia leptophylla
(Tim Van Ostenbridge)
Las Arenas Park
Melaleuca linarifolia
(Ed Healy)
M Street median
Pinus pinea
(Walter Knott)
Mariners Park
Bauhinia variegata
(Sierra Beth)
Mariners Park
Cedrus deodara
(Dr. Anthony & Madeline DeCarbo)
Mariners Park
Pinus halepensis
(Isy Pease)
Mariners Park
Pinus eldarica
(Christopher & Marisha Thomposn)
(Meghan & Camielle Thompson)
Mariners Park
Pinus radiata
(Frank Tallman)
Mariners Park
Stenocarpus sinuatus
(N. Beach Sunrise Rotary Club)
Mariners Park
Magnolia `Little Gem'
(Graci Lee Henry)
Mariners Park
Bauhinia variegata
SS2-590
(Susana Lee Niederhaus)
No. Mariners Park Pinus radiata
(Marcie Schrauder)
Newport Pier/ 24t' Street Bike Path
Chamaerops humilis
(Marie "Maxine" Louchis)
Old School Park
Bauhinia variegata
(Mary Jo Tyler)
Old School Park
Cassia leptophylla
(Jean & Coalson Morris)
Peninsula Park
Chamaerops humilis
(Gray Lunde Tree)
Peninsula Park
Ravenea rivularis
(Don Perdue)
San Miguel Park
Schinus molle
(Jon Walters)
Spyglass Hill Park
Acacia baileyana
(Dennis George Brice)
(Edith Mary Brice)
Veterans Park
Lagenstroemia indica fauriei
(Rosemary Rae Hill Hansen)
WCH & Superior Ave City Parking Lot
Cassia leptophylla
(Louise Greeley)
West Newport Park
Erythrina caffra
(Russell Marc Beaumont)
(Jeff Steven Reinker)
West Newport Park
Spathodea campanulata
(Brownie Girl Scout Troop 2072)
Various locations: Castaways Park and
Quercus agrifolia
Cliff Drive Park slopes
(Dr. Jan David Vandersloot & Family)
NEIGHBORHOOD
TREES Along Avon Avenue
Eucalyptus globulus (8)
Buena Vista and Lindo Avenue
Erythrina caffra (1)
Candlestick Lane (Baycrest)
Eucalyptus citriodora (17)
Clay Street
Ficus microcarpa'Nitida' (21)
(Irvine Ave to St. Andrews Road)
Cliff Drive
Agathus robusta (4)
(north side, west of Dover Drive)
Cliff Drive Park
Ficus benjamina (1)
(Scout House)
Commodore Road
Eucalyptus citriodora (2)
Corona del Mar State Beach
Washingtonia robusta (74)
601 Dover Drive
Eucalyptus ficifolia (1)
SS2-591
Dover Drive Eucalyptus globulus
(Mariners to Irvine)
Eastbluff Park Ficus macrophylla (6)
Glenwood Lane Eucalyptus citriodora (10)
Goldenrod Avenue
Washingtonia robusta (144)
(Ocean Blvd to Fifth Ave)
Heliotrope Avenue
Pinus radiata (2)
(Corona del Mar)
Irvine Avenue
Phoenix dactylifera (Date palm) (30)
(171h St. to Dover)
Irvine Avenue
Spathodea campanulate
(171h St. to Dover)
(African tulip) (39)
128 Kings Road
Roystonea regia (1)
128 Kings Road
Pseudobombax ellipticum (1)
L Street Park
Quercus suber (39)
Leeward Lane
Fraxinus uhdei "Tomlinson" (39)
M Street Park
Pinus pinea (1)
Margaret Drive Median
Erythrina caffra (1)
Marguerite Avenue
Phoenix canariensis (79)
(Ocean Blvd to Fifth Ave)
Mariners Drive
Jacaranda mimosifolia (52)
Newport Center Drive
Washingtonia robusta (363)
Poppy Avenue
Eucalyptus rudis (40)
(Corona del Mar)
Rhine Wharf Park
Archontophoenix
cunninghamiana (12)
Along Riverside Avenue
Schinus terebinthefolius (11)
(adjacent to Cliff Drive Park)
725 St. James Road
Eucalyptus ficifolia (1)
Sandalwood Lane
Eucalyptus citriodora (3)
Santa Ana Avenue
Eucalyptus robusta (38)
Seaview Avenue
Pinus radiata (5)
(Corona del Mar)
Shorecliffs Entrance
Erythrina caffra (40)
Starlight Circle
Eucalyptus citriodora (10)
Via Lido Bridge
Eucalyptus globulus (14)
Vista Del Oro Median
Erythrina caffra (6)
Waterfront Drive
Schinus molle (16)
(Avocado Ave to Acacia Ave)
West Newport Park
Metrosideros excelsus(55)
SS2-592
MAINTENANCE AND PLANTING OF PARKWAY TREES
The City Council is vitally interested in beautification of City parkways. Public cooperation in helping to
develop and maintain healthy and attractive parkway trees is encouraged.
MAINTENANCE OF PARKWAY TREES
The Public Works Department will trim the parkway trees on a rotation schedule. An effort will be
made to trim the parkway trees on less than a three-year cycle. More frequent trimming will be
performed on approved trees and in approved view areas. Public safety issues such as low branches
and heavy foliage will be given priority over view -type trimming. An effort will be made to trim
parkway trees located in heavy summer traffic areas during the fall and winter months. Annual
trimming of certain species of trees prone to wind damage will be done prior to the winter season.
II. TREE DESIGNATION LISTS
The City Council has adopted an official street tree list, the Street Tree Designation List
(Exhibit A), which will be used by the Public Works Department, Municipal Operations Division,
to determine species for replacement of trees removed from established parkways and for planning
purposes in all new subdivisions and commercial developments. A second list, the Parkway Tree
Designation List (Exhibit B), has been added as a species palette for residents to choose approved,
new and replacement, trees based on the size of parkway available for planting. The Eastbluff
Community Association has its own City approved street tree list (Exhibit Q.
The Public Works Deputy Director, or designee, will have the authority to add species to the Street
and Parkway Tree Designation Lists, which will be updated on an as -needed basis by the Public
Works Department staff and reviewed by the Parks, Beaches and Recreation Commission
("Commission") for approval before adoption by the City Council.
III. STANDARDS AND SPECIFICATIONS FOR PLANTING PARKWAY TREES
This Section is intended for planting parkway trees related to new construction, in accordance with
City Code 13.09.010
General Requirements
72-hour notification shall be given to the Public Works Department staff by permittees prior
to the initial installation of parkway trees for approval of species, material quality, and
planting supervision. Inspection requests by permittees shall be scheduled 24-hours in
advance using the Public Works inspection request line or via the City website as required.
2. Position of parkway trees is subject to approval by the Public Works Department. Municipal
Operations Division, and any tree not properly placed will be relocated by permittees at no
SS2-593
IV
cost to the City. In the interest of public safety, unless an exception is granted by the City
Arborist, trees shall be planted not less than:
• 15 feet back of beginning of curb returns at intersections.
• 10 feet from lamp standards.
• 10 feet from fire hydrants.
• 5 feet from service walks or driveways.
• 10 feet from meters and sewers.
• 25 feet from stop signs.
3. Trees shall be a minimum container size of 36" size box, if growth space allows.
• Condition: Plants shall be symmetrical, typical for variety and species, healthy,
vigorous, free from plant disease, insect pests and shall have healthy, normal root
system free from being root bound. Trees shall not be pruned nor topped prior to
delivery.
• Inspection: All plant material shall be subject to inspection and approval by the
Public Works Department, Municipal Operations Division staff prior to planting. The
City has the right to reject any item offered in its sole and absolute discretion.
Parkway Tree Planting: Per City Standards as found in the Tree Planting Detail
available on the City's website.
�4-36" boxed trees shall be guaranteed as to growth and health for a period of one year
after final acceptance by the Public Works Department, Municipal Operations Division staff.
. Trees that fail to grow or are injured or damaged during planting operations shall be
replaced within 15 days after notification. Replacement material shall be guaranteed to be
specified as original guaranteed material.
ESTABLISHED PARKWAYS
1. For all City tree planting in established parkways (not permit related), adjacent property
owners and/or applicants must:
Choose from the species listed on the Street Tree Designation List where it applies,
or from the Parkway Tree Designation List for all other areas for planting new and
replacement trees.
Accept responsibility for watering and fertilizing new trees.
Formatted: Indent: Left: 1.5", No bullets or numbering I
Formatted: Normal, Indent: Left: 05 Hanging: 0.5",
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Alioned at: 0.75" + Indent at: 1"
SS2-594
Contact the City Arborist by sending a written request for one or more parkway trees
or questions regarding this Policy to: Attn: City Arborist, P. O. Box 1768, Newport
Beach, California 92659-1768. Email is also available at
pwinfoC&,newportbeachca. gov
SS2-595
2. The City will:
• Approve species, location, and spacing of tree planting.
• Furnish, install, stake, and initially fertilize new trees (exception would be trees
planted in accordance with City Code 13.09.010).
• Prune and spray tree as required.
• Approve type of root barriers for installation.
• Assume trimming responsibilities.
VI. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/OFFICE CENTERS
Parkway street trees that are removed because they are diseased or have damaged property may be
replaced with the same species of trees (or a species other than the designated street tree) provided
(a) the parkway street tree is located adjacent to or within an established retail commercial/office
development; (b) replacement with the same species will maintain the appearance of the streetscape
and/or ensure consistency with an established landscape master plan adopted by the adjoining
landowner; (c) the parkway street trees have a history of little or no hardscape damage nor injury
claims related to hardscape damage caused by the tree; and (d) the property owner has agreed in
writing to repair or pay the cost of repair/and or replacement of hardscape or underground utilities
damaged by the new trees.
[Attachment — Exhibit A]
[Attachment — Exhibit B]
[Attachment — Exhibit C]
History
Adopted I-19 — 11-22-1982
Amended I-19—11-14-1983
Amended I-19—10-22-1990
Amended I-19 — 10-22-1992
Amended I-19 — 1-24-1994 (changed to G-6)
Amended G-6 — 7-23-2002
Amended G-6 — 4-13-2004
Amended G-6 — 8-24- 2004
Amended G-6 — 9-8-2015
Amended G-6 — 8-8-2017
Amended G-6 — 2-9-2021
SS2-596
ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way shall be reserved for public use or open
space; and that the rights of the public, present and future, shall not be diminished by the installation of
private improvements within the public rights -of -way.
For any project located within the Coastal Zone also look to Newport Beach Municipal Code Title 21, or
any successor title.
Categories of encroachments and improvements are listed below, together with the permit requirement for
each category.
Permit and/or encroachment agreement required.
A. Except as expressly set forth herein, permits and/or encroachment agreements are required for
encroachments into the public rights -of -way.
B. Application for any permit, as required by this policy, shall be filed with the Public Works
Department on a form to be provided by the City and shall show the proposed planting or work and
the nature thereof. Drawings for encroachment permits requiring Planning Commission review shall
be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent
of the proposed encroachments.
C. If the application is for a permit required under private encroachments that are prohibited without a
waiver, it shall be submitted to the Planning Commission for consideration.
The Planning Commission is designated to grant or deny a waiver and approve, conditionally
approve, or deny applications for encroachment permits, subject to the findings in subsection
(a), of this Section.
a. The Planning Commission may grant a waiver and may approve or conditionally
approve an application for an encroachment permit if the Planning Commission finds
the encroachment will not be a detriment to the health, safety, and welfare of the
public.
b. If an application for a private encroachment that is prohibited without a waiver is
part of a larger approval requiring City Council approval, then the Planning
Commission shall make a recommendation to the City Council regarding whether
this policy should be waived and the permit granted.
The Planning Commission shall have discretion to refer any request for a waiver or
encroachment permit before the Planning Commission to the City Council for
consideration.
SS2-597
d. Any decision made by the Planning Commission may be appealed or called for
review in accordance with Chapter 20.64.
2. Notice of the Planning Commission's review of a request to waive a provision of this policy
shall be:
a. Mailed to property owners within 300 feet of the project site at least ten (10) calendar
days in advance of a meeting. The notice shall contain the address of the project site,
the applicant's name, a brief description of the improvements, date, time, and place
of the meeting, and a statement informing the public that they have the ability to
provide comments to the Planning Commission; and
b. Posted on or close to the subject property in a prominent location at least ten (10)
calendar days before the scheduled hearing by the Planning Commission in the
following manner:
i. One or more sign(s) shall be posted as determined by the Public Works
Director.
ii. The size and location of the sign(s) shall be as determined by the Public
Works Director.
iii. The applicant for the encroachment permit/waiver shall be responsible for
maintaining the sign(s) in a satisfactory condition.
iv. The applicant for the encroachment permit/waiver shall remove all sign(s) at
the end of the appeal period.
Private encroachments that are prohibited without a waiver and approval.
A. All structural encroachments including, but not limited to, fences, walls, patios, raised planters,
landscaping, etc., which encroach in excess of one (I) -foot into the public right-of-way, or exceed
thee (3)-feet in height, measured from the top of curb elevation/ or from sidewalk elevation where
sidewalk exists.
B. Driveway approaches not conforming to Council Policy L-2.
C. Modifications to original design concepts approved by the City.
D. Private signs except as provided for in the Building Code.
E. Lighting.
SS2-598
F. Parkway walkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/
textured concrete or flat stone/brick/ pavers installed at grade.
G. Private dwellings and appendages including raised patios decks and bay windows, except as
provided for in this section and the Building Code.
H. Pay telephones and private mail carriers drop boxes.
General private encroachments that require an encroachment permit and if applicable, an encroachment
agreement from the Public Works Department.
A. Drive approaches conforming to Council Policy L-2.
B. Standard sidewalks.
C. Carriage walks (not to exceed twenty-five percent (25%) of the parkway area).
D. Parkway surfacing (standard or colored/textured concrete or flat stone/brick) installed at grade (not
to exceed twenty-five percent (25%) of the parkway area).
E. CATV and public utility facilities.
F. Structural encroachments including, but not limited to, fences, walls, patios, raised planters, etc.,
which encroach one (1) foot or less and do not exceed three (3) feet in height within the public right-
of-way. If, however, in the opinion of the Public Works Department, the nature or location of this
type of encroachment is such that Planning Commission review is warranted, the Department may
forward the item to the Planning Commission for action in accordance with the procedures set forth
for granting waivers for private encroachments that would otherwise be prohibited.
G. Mailboxes, when required by the U.S. Postal Service. Mailboxes shall be installed per U.S. Postal
Service requirements. Mailbox base construction length and width shall not exceed the length of the
mailbox, or twenty-four (24) inches, whichever is less.
H. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian
thoroughfares without zero setbacks. There shall be at least four (4) feet of clear sidewalk width
and/ or pedestals shall be placed in the parkway outside of walk area.
I. When connecting to or relocating public utilities.
SS2-599
J. Artificial Turf (permeable) up to 100% of the required parkway landscape area. Artificial turf grass
shall be installed in accordance to manufacturers' recommendations. Material must be securely
anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling
or any other type of material performance. Material shall be replaced prior to the aforementioned
conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise.
The Director of Public Works shall from time to time update the standards for this application. See
Artificial Turf Material and Installation Standards.
For artificial turf grass conversions in parkways with existing City trees:
1. Pruningof f City tree roots shall be prohibited unless approved and inspected by the City
Arborist.
2. Irrigation must be established or retrofitted to continue to provide automated irrigation for
the Cites
3. Openings for existing or new trees will allow for a minimum of 24-inch radius around the
tree's trunk. If on existing trees a 24-inch radius cannot be achieved, the artificial will be
discontinuous, with area around the tree squared off to allow a minimum of 24-inches on
either side.
K. Tree and shrub planting and removal.
L. Median landscaping.
If, in the opinion of the Public Works Departments, the approved planting is not being maintained for view,
safety clearance and sight distance, Newport Beach Municipal Code Chapter 10.50, "Public Nuisance
Abatement," or any successor statute, shall be used to remove offending plant material.
The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by
this process. This value shall be determined by the City Arborist using the International Society of
Arboriculture's "Guide for Plant Appraisal" or a minimum forty-eight (48) inch box tree replacement value.
Area specific private encroachments requiring an encroachment permit from the Public Works
Department and subject to the execution of an encroachment agreementfor non-standard improvements.
A. Structural encroachments which do not exceed three (3) feet in height measured from the top of curb
elevation/ or from sidewalk elevation where sidewalk exists, including, but not limited to fences,
walls, and raised planters in public rights -of -way in areas that are more than eight (8) feet behind
the face of curbs on the following streets:
1. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
B. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front,
Grand Canal, and East Bayfront are as follows:
SS2-600
1. Planters that do not exceed one (1) foot in height may be installed between the back of
existing sidewalk and property line, planted with ground cover and shrubs not to exceed two
(2) feet in height measured from sidewalk elevation;
2. Fences and walls with a minimum setback of two (2) feet six (6) inches from back of
sidewalk.
a. For patios constructed at grade elevation to one (1) foot above sidewalk grade
elevation, fences and walls may be three (3) feet high above sidewalk grade.
b. For patios constructed greater than one (1) foot above sidewalk grade elevation,
fences and walls must be set back a minimum of three (3) feet from back of sidewalk,
not exceed two (2) feet six (6) inches in height above the patio, have at least forty
percent (40%) visibility through them, and not to exceed four (4) feet in height above
existing public sidewalk grade.
3. Patios with a minimum setback of two (2) feet six (6) inches from the back of sidewalk.
a. Raised Patios are permitted provided they have a maximum height of two (2) feet six
(6) inches above sidewalk grade, are set back a minimum of two (2) feet six (6) inches
from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting
the Bay front bulkhead are replaced "If required by the Public Works Department"
in conformance with the requirements of the Public Works Department; Stairs
located a minimum of two (2) feet six (6) inches from back of sidewalk.
C. Structural encroachments which do not exceed three (3) feet in height, including, but not limited to
fences, walls, patios, and raised planters in public rights -of -ways in areas that are five (5) feet behind
the face of curb on the following streets:
1. Southerly side of West Bay Avenue between 8th Street and 15th Street.
D. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within
City easements as approved by the Public Works Director.
E. Buena Vista Boulevard — Bay Avenue to Edgewater Avenue. The street right-of-way in this reach
is ten (10) feet wide, with private property on both sides of the public way. Improvements allowed
at this location shall consist of the following:
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line
maintained by the City.
SS2-601
2. Landscaping under twenty-four (24) inches in height and park -like improvements in the
remaining portion of the right-of-way shall be allowed if installed and maintained by the
adjoining property owners. Private improvements such as walls, fences, gates, signs and
living areas such as cabanas and other roofed structures shall not be allowed.
3. Access to existing private piers and floats shall be allowed where a harbor permit has been
granted, but such access structures shall not be expanded beyond the original permit
dimensions.
F. Edgewater Avenue — Buena Vista Boulevard to Island Avenue. The street right-of-way in this reach
is forty (40) feet wide with private property on the inland side. bay side is improved with a privately
constructed bulkhead on public property. Improvements allowed at this location shall consist of the
following:
I . A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way line
maintained by the City.
2. Landscaping under twenty (24) inches in height and park -like improvements in the
remaining portion of the right-of-way (between the sidewalk and the bulkhead) shall be
allowed if installed and maintained by the adjoining property owner. Private improvements
such as fences, gates, signs, and living areas shall not be allowed.
3. Access to private piers and floats shall be allowed where a harbor permit has been granted,
but such access structures shall not be expanded beyond the permit dimensions.
G. Edgewater Avenue — Island Avenue to Alvarado Street. The street right-of-way in this reach is forty
(40) feet wide with private property on the inland side. The bay side is improved with a sloping
beach leading to the waters of the bay. Improvements allowed at this location shall consist of the
following:
I. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way
maintained by the City.
2. The remaining portion of the right-of-way shall be reserved as a public beach and no private
improvements, impediments or boat storage shall be allowed except for access to existing
piers and floats where a harbor or a mooring permit has been granted, but such access
structures shall not be expanded beyond the original permit dimensions. Any existing
permits to encroach on the right-of-way shall be rescinded
H. Edgewater Avenue — Alvarado Street to Fernando Street. The street right-of-way in this reach is
fifty (50) feet wide. The bay side is improved with a sloping beach leading to the waters of the bay.
The private lots bayward of the public right-of-way are under water and within State Tidelands.
Improvements allowed at this location shall consist of the following:
SS2-602
1. A minimum six (6) foot wide public sidewalk along the inland side of the right-of-way
maintained by the City.
2. The remaining portion of the right-of-way shall be reserved as a public beach and no private
improvements, impediments or boat storage shall be allowed except for access to existing
piers and floats where a harbor permit has been granted, but such access structures shall not
be expanded beyond the original permit dimensions.
I. Bay Front Street Ends
1. Bay front street ends at beach level may contain two (2) foot wide planting areas bounded
by redwood or concrete strips and containing hedges no more than two (2) feet in height
above the adjacent surface. The planting areas may be installed:
a. At each side of the prolongation of the street and extending no more than fifteen (15)
feet from the end of the paved street.
b. At the end of the paved street, except that a twelve (12) foot wide opening must be
left for City emergency and maintenance equipment, and pedestrians to enter the
beach area.
2. Bay front street ends where tidal flow prevents standard installation may be landscaped,
subject to the prior approval by the City of specific plans prepared by the applicant. Access
to beach areas shall be provided for in any such specific plans.
3. Improvements shall be installed at the expense of the adjacent property owners.
4. Landscape maintenance and watering shall be provided by the adjacent property owners to
the satisfaction of the City. A sprinkler system connected to the adjacent property shall be
installed in each planter.
J. Unimproved Ocean Front Street Ends
1. Improvements shall be installed at the expense of the adjacent property owners.
2. Landscape maintenance and watering shall be provided by the adjacent property owners to
the satisfaction of the City. A sprinkler system connected to the adjacent property shall be
installed in each planter.
3. All work shall be installed to grades established by the Public Works Department.
4. A four (4) foot wide sidewalk shall be provided on each side of the street right-of-way
adjacent to the property line.
SS2-603
5. A minimum of twelve (12) feet of unobstructed access to the beach in the center of the right-
of-way shall be surfaced with brick, asphalt, concrete or artificial turf, or an equivalent
surfacing approved by the City.
a. Portland Cement Concrete. A minimum six (6) inches over native compacted
material.
b. Asphalt Concrete. A minimum two (2) feet six (6) inches of asphalt concrete over a
six (6) inch thick aggregate.
C. Brick. Brick installed over four inches of imported aggregate base. A dry mix of one-
to-one cement and clean plaster sand to be swept into the one -quarter (1/4) to one-
half (1/2) inch space between bricks. The dry mix shall be moistened with a fine
spray of water after it is in place.
6. Planters five (5) feet wide shall be provided between the side and the center access along a
portion of each side of the street with a heavy emphasis on drought resistant plant materials.
Plant materials shall be installed to City specifications. A six (6) inch to eighteen (18) inch
high lip of concrete, brick or rock may be installed as part of the planter.
7. Special provisions shall be made in the design when garage access is required from street
ends.
8. Where unusually large quantities of sand exist in a street end area, the City shall assist the
adjacent owners by moving the sand to an area determined by the City.
K. Unimproved Alleys that End at the Ocean Front
1. Improvements shall be installed at the expense of the adjacent property owner.
2. All work shall be installed to grades established by the Public Works Department.
3. Landscaping of potted plants shall be permitted in the portion of the alley right-of-way that
terminates at the ocean front sidewalk. A six (6) foot wide inviting passageway shall be
maintained for pedestrian access.
4. Where vehicles or pedestrians will travel, alleys may be surfaced with brick, asphalt,
concrete or equivalent surfacing.
5. Improvements shall extend from the nearest street of alley improvement to the northerly line
of the ocean front.
If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is
such that Planning Commission review is warranted, the Department may forward the application to the
SS2-604
Planning Commission for original action in accordance with the procedures set forth for granting waivers
for private encroachments that would otherwise be prohibited.
The City Manager is authorized to execute, on behalf of the City, agreements for non-standard
improvements, which are entered into pursuant to this section or other authorization.
Encroachments on public sidewalks
Newport Beach sidewalks are a desirable place to walk, stroll and jog and it is, therefore, the policy of the
City that public sidewalks are to provide unobstructed passage whenever possible.
Sidewalks shall be reserved for public use and the rights of the public shall not be diminished by the
installation of benches, planters, bicycle racks, etc., by private entities nor by the installation of facilities by
public utilities or other public agencies. It is the policy of the City that encroachments on public sidewalks
shall be subject to the following:
A. General
1. Permitted encroachments shall not reduce the sidewalk width available for normal pedestrian
movement.
2. Permitted encroachments may be located in areas between tree wells or other existing
improvements as long as they do not interfere with pedestrian travel.
3. Permitted encroachments shall be located at least eighteen (18) inches from the curb face. In
areas where vehicles do not park or otherwise extend over the sidewalk, this setback may be
reduced.
4. Permitted encroachments shall not be located within thirty-six (36) inches of a parking meter
or street light, nor shall they be located where they will interfere with the normal use of other
facilities.
5. Encroachments shall not block access from parked cars.
6. They shall not be located within ten (10) feet of a crosswalk, fire hydrant or driveway.
7. Encroachments may not be chained or otherwise anchored to any tree, streetlight, parking
meter or other property.
8. Applicant shall pay all costs for City and/or the California Department of Transportation
("CalTrans") permit processing where necessary.
9. Applicant shall pay all costs associated with the installation and maintenance of the
encroachments by the City or private installer.
SS2-605
B. Public Benches
When applying the above requirements to benches, allowance shall be made for the space
required for a person sitting on the bench.
2. Benches to be installed in an area where there is a theme or bench style shall conform to that
theme or style.
C. Public Bicycle Racks
Bicycle racks shall be located to allow bicycles to extend five (5) feet from the center of the
rack and comply with the above requirements.
SS2-606
History
Adopted I-12 — 8-25-1969 ("Ocean Front Street -End Improvement Policy")
Adopted L-6 — 8-25-1969 ("Private Encroachments in Public Rights -of -Way")
Amended I-12 —
3-9-1970
Reaffirmed L-6
— 3-9-1970
Reaffirmed L-6
— 2-8-1971
Amended L-6 —
2-14-1972
Reaffirmed I-12
— 2-14-1972
Amended I-12 —
12-10-1973
Reaffirmed L-6
— 12-10-1973
Amended I-12 —
11-11-1974
Reaffirmed L-6
—11-11-1974
Amended L-6 —
8-11-1975
Adopted L-7 —
3-14-1977 ("Encroachments and Bay Access on Buena Vista Boulevard — Edgewater
Avenue between Bay Avenue and Fernando Street")
Reaffirmed L-7
— 9-12-1977
Amended I-12 —
2-9-1981
Amended L-6 —
2-9-1981
Adopted L-10 —
8-24-1981 (incorporating I-12)
Amended L-6 —
11-23-1981
Amended L-10
— 11-8-1982
Amended L-6 —
10-27-1986
Amended L-6 —
1-26-1987
Amended L-6 —
7-13-1987
Amended L-6 —
2-13-1989
Amended L-6 —
8-14-1989
Amended L-6 —
11-27-1989
Amended L-10
— 11-27-1989
Amended L-6 —
12-9-1991
Amended L-6 —
12-14-1992
Adopted L-18 —
1-11-1993 ("Encroachments on Public Sidewalks")
Amended L-6 —
7-12-1993
Amended L-6 —
1-24-1994
Reaffirmed L-7
— 1-24-1994
Amended L-10
— 1-24-1994 (changed to L-8)
Amended L-18
— 1-24-1994 (changed to L-15)
Amended L-6 —
5-9-1994
Amended L-6 —
2-27-1995
Amended L-6 —
2-26-1996
Amended L-15
— 2-26-1996
Amended L-6 —
5-8-2001
SS2-607
Amended L-7
— 5-8-2001
Amended L-8
— 5-8-2001
Amended L-6
— 1-27-2015
Amended L-6
— 8-14-2018 (incorporating L-7, L-8, and L-15)
Amended L-6
— 11-27-2018
Amended L-6
— 12-11-2018
SS2-608