HomeMy WebLinkAbout2023-22 - Adding, Amending, and Repealing Various Provisions of the Newport Beach Municipal CodeORDINANCE NO. 2023-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING,
AMENDING, AND REPEALING VARIOUS PROVISIONS
OF THE NEWPORT BEACH MUNICIPAL CODE
WHEREAS, the City of Newport Beach ("City") is a charter City, governed by a
charter adopted by the citizens of the City;
WHEREAS, Article XI, Section 5 of the Constitution of the State of California
("State") authorizes charter cities to enact ordinances with respect to their municipal
affairs;
WHEREAS, Section 200 of the City Charter vests the City Council with the
authority to make and enforce all laws, rules and regulations with respect to municipal
affairs subject only to the restrictions and limitations contained in the Charter and the
State Constitution, and the power to exercise, or act pursuant to any and all rights,
powers, and privileges, or procedures granted or prescribed by any law of the State;
WHEREAS, on September 13, 2022, the City Council adopted Resolution No.
2022-58 forming the Ad Hoc Municipal Code and Council Policy Review Committee
("Council Committee") to review and make recommended revisions to the Newport
Beach Municipal Code ("NBMC") and City Council Polices ("Policies"),
WHEREAS, the City Council further directed the City's board and commissions,
including the Planning Commission, to establish ad hoc committees to review the
NBMC and Policies within that body's area of expertise to comprehensively review and
amend the NBMC to reduce regulations, streamline processes, and generally
update/eliminate outdated information;
WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023-18,
extending the expiration date of the Council Committee from June 2023 to June 30,
2024;
WHEREAS, in accordance with the City Council's direction, at its August 3, 2023,
meeting, the Planning Commission Ad Hoc Committee recommended revisions to Title
19 (Subdivisions), Title 20 (Planning and Zoning) ("Zoning Code Amendment") and Title
21 (Local Coastal Program Implementation Plan) ("Local Coastal Program
Amendment") of the NBMC, which recommendations include the following:
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• Report of Residential Building Records — Making the existing mandatory
process voluntary;
• Tentative Parcel Map Review — Eliminating the public hearing requirements for
parcel maps for condominium purposes;
• Bluff Overlay District — Eliminating conflicting code provisions by deleting the
bluff overlay areas in Title 20 that are included in Title 21;
• Take -Out Service — Fast -Casual — Changing the threshold for when a fast -
casual take-out restaurant with no late hours requires a minor use permit
(discretionary review);
• Conversion or Demolition of Affordable Housing — Eliminating Chapters 20.34
and 21.34 as they are no longer applicable to the City;
WHEREAS, additional revisions were incorporated into the Zoning Code
Amendment and Local Coastal Program Amendment that eliminate conflicting review
authority for reasonable accommodations and modify the review authority for alcohol sales
with late hours;
WHEREAS, the Planning Commission held a duly noticed public hearing on
October 19, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-039 by a unanimous vote (5 ayes, 0 nays)
recommending approval of the Zoning Code Amendment and Local Coastal Program
Amendment to the City Council;
WHEREAS, at the Study Session on October 24, 2023, the City Council
considered the Planning Commission's recommendations and the recommendations of
the Council Committee to modify the NBMC, which recommendations include, but are
not limited to, the following:
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• Defined Terms — Adding defined terms to Title 1 of the Code and
eliminating duplicate definitions throughout the Code;
• Standardized Citations — Modifying the provisions of the Code so that
uniform citations are utilized;
• Incorporation of State and Federal Law — Adding a general provision to
Title 1 that incorporates future changes to State and federal law;
• Designees — Consolidating the authority to delegate a duty, obligation or
responsibility into one provision and adding a requirement that a list of
designees be maintained on file with the City Clerk;
• Consumer Price Index Adjustments — Standardizing the process for making
adjustments tied to the Consumer Price Index;
• Service of Notice — Standardizing the process for service of notice in
conformance with State law;
• Indemnification — Confirming that indemnification requirements can be
added as a condition of approval to all licenses, permits or other approvals;
• Insurance — Broadening the insurance requirements to allow more
flexibility;
• Severability and Penalty Provisions — Eliminating duplicative provisions
including severability and penalty provisions, which are covered in Title 1,
from the Code;
• Titles — Consolidating multiple titles used for the same position;
• Emergencies — Updating provisions related to emergencies to match the
definitions in State law and to reflect best practices;
• Taxicabs — Establishing taxicab regulations because the County of Orange
is no longer regulating taxicabs on a countywide basis;
• Marijuana Establishments — Updating the provisions related to the
regulation of marijuana establishments to reflect changes in State law;
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• Smoking regulations — Consolidating smoking regulations in the Code and
updating provisions to reflect changes in State law, and eliminate
ambiguities;
• Ambulance Services — Updating the regulations for ambulance services to
reflect current practices related to the delivery of emergency and non -
emergency services;
• Vehicle Regulation — Consolidating and updating the vehicle regulations to
comply with State law, and eliminate ambiguities;
WHEREAS, after receiving feedback from the City Council and community, an
ordinance and resolutions implementing the proposed changes to the Code and Policies
were brought back to the City Council for consideration on November 14, 2023;
WHEREAS, the City Council held a duly noticed public hearing on November 14,
2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this hearing; and
WHEREAS, the City Council desires to move forward and amend the NBMC to
standardize provisions, eliminate unnecessary language, and update the NBMC.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The Table of Contents for Title 1 (General Provisions) of the Code
is hereby amended to read as follows:
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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 Requirements
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
Section 2: Section 1.01.020 (Codification Authority) of Chapter 1.01 (Adoption of
Code) of Title 1 of the Code is hereby amended to read as set forth in the quotations
below:
" 1.01.020 Codification Authority.
This Code consists of all regulatory, penal and certain administrative ordinances of the
City, codified pursuant to the authority of City Charter Section 415 and Cal. Gov. Code
Sections 50022.1 through 50022.10."
Section 3: Section 1.01.030 (Filing of Copies) of Chapter 1.01 (Adoption of
Code) of Title 1 of the Code is hereby amended to read as set forth in the quotations
below:
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"1.01.030 Filing of Copies.
A copy of this Code shall be maintained in the Office of the City Clerk. One copy 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 City Clerk in accordance
with Cal. Gov. Code Section 50022.6."
Section 4: Section 1.01.040 (Amendments —Notations) of Chapter 1.01
(Adoption of Code) of Title 1 of the Code is hereby amended to read as set forth in the
quotations below:
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 this 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 to this Code shall be filed in
the Office of the City Clerk in books for such purpose, duly indexed for ready reference.
Every section of this Code so changed shall have printed thereon a notation of the
ordinance number pursuant to which such change is adopted."
Section 5: The Table of Contents for Chapter 1.04 (Code Enforcement) of Title
1 of the Code is hereby amended to read as follows:
CHAPTER 1.04
CODE ENFORCEMENT
Sections:
1.04.010
Violations, Penalties and Enforcement.
1.04.020
Public Nuisances.
1.04.050
Parking Violation —Infraction.
1.04.060
Safety Enhancement Zone.
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Section 6: Section 1.04.010 (Violations, Penalties and Enforcement) of
Chapter 1.04 (Code Enforcement) of Title 1 of the Code is hereby amended to read as
set forth in the quotations below:
"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 subsection (B), any person convicted of an infraction
under the provisions of this Code shall be punishable either by fines as 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 this 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 the fine shall be as follows:
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; and
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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 (6) months,
or by both such fine and imprisonment.
D. Civil Action. The City Attorney 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, the City official may take any action authorized under the provisions of Chapter
1.05."
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Section 7: Section 1.04.040 (Violation of Administrative Provisions) of Chapter
1.04 (Code Enforcement) of Title 1 of the Code is hereby deleted in its entirety.
Section 8: Section 1.04.050 (Parking Violation — Infraction) of Chapter 1.04
(Code Enforcement) of Title 1 of the Code is hereby amended to read as set forth in the
quotations below:
1.04.050 Parking Violation —Infraction.
Any person violating any provision of Sections 12.12.010, 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."
Section 9: Section 1.04.060 (Safety Enhancement Zone) of Chapter 1.04
(Code Enforcement) of Title 1 of the Code is hereby amended to read as set forth in the
quotations below:
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 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
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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 of 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 three (3) locations along Pacific Coast Highway, four (4) locations along
Newport Boulevard/32nd Street, four (4) locations 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."
Section 10: Subsections (A), (C) and (E) of Section 1.05.005 (Legislative
Findings and Statement of Purpose) of Chapter 1.05 (Administrative Code Enforcement
Program) of Title 1 of the Code are hereby amended to read as set forth below:
Subsection (A) of Section 1.05.005 shall read as set forth in the quotations
below:
"A. The City Council finds that the enforcement of this 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."
Subsection (C) of Section 1.05.005 shall read as set forth in the quotations
below:
"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 this Code or
applicable State laws."
Subsection (E) of Section 1.05.005 shall read as set forth in the quotations
below:
"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 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;
2. To help ensure compliance with this Code and State laws, ordinances and
regulations in a timely and efficient manner;
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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 this 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 this Code, ordinances, agreements or terms and
conditions on entitlements in the City; 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."
Section 11: Subsections (A) and (F) of Section 1.05.020 (Authority and
Administrative Citation Fines) of Chapter 1.05 (Administrative Code Enforcement
Program) of Title 1 of the Code are hereby amended to read as set forth below:
Subsection (A) of Section 1.05.020 shall read as set forth in the quotations
below:
"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 this 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."
Subsection (F) of Section 1.05.020 shall read as set forth in the quotations
below:
"F. In the case of administrative citations issued for violations of Chapter 5.28 (Live
Entertainment Establishments); Chapter 5.32 (Cafe Dances); Chapter 5.95 (Short Term
Lodging Permit); Section 6.04.100 (Prohibited Material); Section 6.04.110
(Accumulation Limitation); Section 10.50.020(H) (violation of terms or conditions of a
use permit issued by the City); 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 (Illicit Connections and
Prohibited Discharges); Cal. Fire Code Section 107.5 (as adopted by Section 9.04.010);
Cal. Fire Code Section 107.5.1 (as adopted by Section 9.04.010); Section 17.45.030
(Waste and Refuse); or Chapter 17.10 (Marine Activities Permit), administrative fines
shall be assessed in the following amounts when authorized by the City Manager:
1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation;
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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."
Section 12: Subsection (G) of Section 1.05.050 (Administrative Costs
Recovery) of Chapter 1.05 (Administrative Code Enforcement Program) of Title 1 of the
Code is hereby amended to read as set forth in the quotations below:
"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
1094.5."
Section 13: Section 1.05.060 (Appeal of Administrative Citation) of Chapter
1.05 (Administrative Code Enforcement Program) of Title 1 of the Code is hereby
amended to read as set forth in the quotations below:
1.05.060 Appeal of Administrative Citation.
A. Any recipient of an administrative citation may contest that there was a violation
of this 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)
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 this 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) 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 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
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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 the responsible person's actual financial inability that
necessitates an advance deposit hardship waiver. The City's Finance Director is
entitled to request additional documentation and information from the responsible
person 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 as requested 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, the requirement of depositing the full amount of the
fine shall be stayed until the City's Finance Director determines whether to grant, grant
in part, or deny the request. The written determination of the City's Finance Director
shall be served on the person requesting the advance deposit hardship waiver as
provided for in this Code. The written determination of the Finance Director, shall be
final.
3. If the City's Finance Director 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 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 determines the responsible person has the ability to pay within
ten (10) days of that decision or twenty-one (21) days from service of the administrative
citation, whichever is later.
5. If the City's Finance Director, 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) days of that decision or twenty-one (21) 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."
Section 14: Subsections (K) and (0) of Section 1.05.065 (Administrative
Penalties) of Chapter 1.05 (Administrative Code Enforcement Program) of Title 1 of the
Code are hereby amended to read as set forth below:
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Subsection (K) of Section 1.05.065 shall read as set forth in the quotations
below:
"K. Within forty-five (45) days of the completion of the administrative hearing on
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 subject to
judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
The administrative penalties enforcement order shall contain the following information:
1. Date(s) of the administrative hearing;
2. Identification by name of each Enforcement Officer, responsible person and
any other person or witness attending the hearing;
3. A determination regarding the sufficiency of notice for due process purposes;
4. A summary of the evidence presented by each witness, including exhibits;
5. Findings of fact, analysis of applicable sections of this Code, and conclusions of
law as to the issues relevant to the administrative hearing;
6. A determination and assessment of administrative civil penalties and
administrative costs to be awarded to the City, if any;
7. Notice of appeal rights and judicial review pursuant to California Code of Civil
Procedure Section 1094.6;
8. Signature of the Hearing Officer and the signature date."
Subsection (0) of Section 1.05.065 shall read as set forth in the quotations
below:
"O. Any responsible person aggrieved by an administrative penalty's 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 Cal. Code. Civ. Proc. Section 1094.6."
Section 15: Section 1.05.110 (Right to Judicial Review of Hearing Officer's
Decision on Administrative Citation) of Chapter 1.05 (Administrative Code Enforcement
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Program) of Title 1 of the Code is hereby amended to read as set forth in the quotations
below:
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 Cal. Gov. Code Section 53069.4."
Section 16: The Table of Contents for Chapter 1.06 (Claims and Demands
Against the City) of Title 1 of the Code is hereby amended to read as follows:
Chapter 1.06
CLAIMS AND DEMANDS AGAINST THE CITY
Sections:
1.06.010 Purpose and Intent.
1.06.020 Claims Against City.
Section 17: Section 1.06.010 (Purpose and Intent) of Chapter 1.06 (Claims and
Demands Against the City) of Title 1 of the Code is hereby amended to read as set forth
in the quotations below:
"1.06.010 Purpose and Intent.
The Government Claims Act (Cal. Gov. 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 3, commencing with Section 900, 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."
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Section 18: Section 1.06.020 (Claims Against City) of Chapter 1.06 (Claims and
Demands Against the City) of Title 1 of the Code is hereby amended to read as set forth
in the quotations below:
"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. 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 (Section 900 et
seq.).
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 claimant's guardian,
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.
C. In accordance with Cal. Gov. 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."
Section 19: Section 1.06.030 (Application; Effective Date) of Chapter 1.06
(Claims and Demands Against the City) of Title 1 of the Code is hereby deleted in its
entirety.
Section 20: Section 1.06.040 (Severability) of Chapter 1.06 (Claims and
Demands Against the City) of Title 1 of the Code is hereby deleted in its entirety.
Section 21: The Table of Contents for Chapter 1.07 (Insurance and
Indemnification Requirements) of Title 1 of the Code is hereby amended to read as
follows:
Chapter 1.07
INSURANCE AND INDEMNIFICATION REQUIREMENTS
Sections:
1.07.010
Purpose and Findings.
1.07.020
Definitions.
1.07.025
Insurance.
1.07.030
Indemnification Required.
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1.07.040 Conditions.
1.07.050 Indemnification —Payment on Demand.
Section 22: Section 1.07.010 (Purpose and Findings) of Chapter 1.07
(Insurance and Indemnification Requirements) of Title 1 of the Code is hereby amended
to read as set forth in the quotations below:
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 as 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, in addition to other legal
requirements, environmental review by the City is required pursuant to 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 the 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."
Section 23: Section 1.07.020 (Definitions) of Chapter 1.07 (Insurance and
Indemnification Requirements) of Title 1 of the Code is hereby amended to read as
follows:
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 Act and the State CEQA
Guidelines (Cal. Pub. Resources Code Section 21000 et seq. and 14 CCR Section
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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,
addendum to an environmental impact report or negative declaration, statutory
exemption, categorical exemption, or a determination that no CEQA document is
required.
"Project" means any amendment, modification permit, use permit, variance or other City
issued permit that requires discretionary approval in accordance with this Code.
Section 24: Section 1.07.025 (Insurance) of Chapter 1.07 (Insurance and
Indemnification Requirements) of Title 1 of the Code is hereby added to read as set
forth in the quotations below:
"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 require approval by the Risk Manager;
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, 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."
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Section 25: Section 1.07.030 (Indemnification Required) of Chapter 1.07
(Insurance and Indemnification Requirements) of Title 1 of the Code is hereby amended
to read as set forth in the quotations below:
"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
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,
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 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:
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, State, 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."
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Section 26: Section 1.07.040 (Conditions) of Chapter 1.07 (Insurance and
Indemnification Requirements) of Title 1 of the Code is hereby amended to read as set
forth in the quotations below:
"1.07.040 Conditions.
Any indemnification required under the provisions of this chapter shall be subject to the
following:
A. 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. The City shall retain the right to participate in the defense of the claim, action or
proceeding including selection of defense counsel;
C. 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
D. 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."
Section 27: Section 1.07.050 (Indemnification —Payment on Demand) of
Chapter 1.07 (Insurance and Indemnification Requirements) of Title 1 of the Code is
hereby amended to as set forth in the quotations below:
" 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."
Section 28: The Table of Contents for Chapter 1.08 (Rules of Construction) of
Title 1 of the Code is hereby amended to read as follows:
Chapter 1.08
RULES OF CONSTRUCTION
Sections:
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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 Officials.
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.
Section 29: Section 1.08.050 (Authority of Designated Officials), formerly
referred to as Section 1.08.050 (Authority of Deputies), of Chapter 1.08 (Rules of
Construction) of Title 1 of the Code is hereby amended to read as set forth in the
quotations below:
1.08.050 Authority of Designated Officials.
A. Unless a person is specifically prohibited from doing so by the City Charter, State
or federal law, when this Code vests a power, 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 behalf.
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."
Section 30: Section 1.08.070 (Extent of Reference) of Chapter 1.08 (Rules of
Construction) of Title 1 of the Code is hereby amended to read as follows:
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"1.08.070 Extent of Reference.
Whenever a reference is made to any portion of this Code, 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."
Section 31: Section 1.08.100 (Posting of Public Notices) of Chapter 1.08 (Rules
of Construction) of Title 1 of the Code is hereby amended to read as set forth in the
quotations below:
1.08.100 Posting of Public Notices.
Wherever any section of this Code requires the posting of a notice in a public place,
such notice shall be posted in accordance with all legal requirements at City Hall."
Section 32: Section 1.08.105 (Consumer Price Index Adjustments) of Chapter
1.08 (Rules of Construction) of Title 1 of the Code is hereby added to read as set forth
in the quotations below:
1.08.105 (Consumer Price Index Adjustments).
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 of 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."
Section 33: Section 1.08.120 (Definitions) of Chapter 1.08 (Rules of
Construction) of Title 1 of the Code is hereby amended to read as follows:
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 an Assistant City
Manager working in the City Manager's Office.
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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"
mean 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 Environmental
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 seq.).
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.
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" or "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 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.
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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.
County. The term "County" means the County of Orange.
Day. The terms "day" 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 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.
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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. Any provision within this Code or any 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" means the title of any officer, employee, or office, of the City of
Newport Beach.
Owner. The term "owner" applied to a building or land, means and includes 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.
Public park or 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
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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 City'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, 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
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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 Angels Catholic School; Pacifica Christian High School; and Sage
Hill High School.
State. The term "State" means the State of California.
Streets. The term "street" means and includes 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.
Section 34: Chapter 1.10 (Judicial Review of City Decisions) of Title 1 of the
Code is hereby added to read as follows:
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 that makes a decision subject to Cal. Civ. Proc. Section 1094.5, shall give
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notice to the affected party of the time to seek judicial review in accordance with Cal.
Civ. Proc. Section 1094.6.
Section 35: The Table of Contents for Chapter 1.12 (Citations and Warrants) for
Title 1 (General Provisions) of the Code is hereby amended to read as follows:
Chapter 1.12
CITATIONS AND WARRANTS
Sections:
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
1.12.020 Authority of Public Officers or Employees to Issue Citations.
1.12.030 Violation of Promise to Appear.
Section 36: Section 1.12.010 (Chapter 5c of Penal Code Adopted by
Reference) of Chapter 1.12 (Citations and Warrants) of Title 1 of the Code is hereby
amended to read as set forth in the quotations below:
"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,
Chapter 5c, 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."
Section 37: Section 1.12.020 (Authority of Public Officer or Employees to Issue
Citations) of Chapter 1.12 (Citations and Warrants) of Title 1 of the Code is hereby
amended to read as set forth in the quotations below:
"Section 1.12.020 Authority of Public Officers or Employees to Issue Citations.
A. The following designated public officers and employees shall have the power to
issue citations for any violation of this Code:
1. 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.
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2. The Community Development Director, Harbormaster, Public Works Director,
and employees holding positions in these departments designated by the director of the
department.
3. Code Enforcement Officers.
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:
1. The Fire Chief and other employees holding positions in the Fire Department
designated by the Fire Chief 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.
2. The Revenue Manager and other employees holding positions in the Finance
Department designated by the Finance Director shall have the power to issue citations
for any violations of Titles 3, 5, 6 and 10, Chapters 12.62 and 12.63, and Section
12.40.060.
3. The Building Official, and other employees holding positions in the Building
Division 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 of the following provisions of state or local law:
1. Animal Control Officers, Community Services Officers, Custody Officers,
Police Officers, and Parking Control Officers, and other employees holding positions in
the Police Department designated 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.
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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 & G. Code, Title 14 of the California Code of Regulations, and the
provisions of Cal. Harb. & Nay. Code, Division 3, 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.
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."
Section 38: Subsection (F) of Section 1.25.010 (Purpose and Findings) of
Chapter 1.25 (Municipal Election Campaign Contributions and Expenditure Control) of
Title 1 of the Code is hereby amended to read as set forth in the quotations below:
"F. The contribution limitations imposed by this chapter are consistent with the spirit,
intent and letter of the Political Reform Act of 1974 (Cal. Gov. Code, Sections 81000, et
seq.)."
Section 39: Section 1.25.015 (Intent) of Chapter 1.25 (Municipal Election
Campaign Contributions and Expenditure Control) of Title 1 of the Code is hereby
amended to read as set forth in the quotations below:
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 FPPC, being 2 CCR
Section 18104 et seq.)."
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Section 40: Section 1.25.030 (Campaign Contributions —Limitations) of Chapter
1.25 (Municipal Election Campaign Contributions and Expenditure Control*) of Title 1 of
the Code is hereby amended to read as set forth in the quotations below:
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 four hundred dollars ($1,400.00).
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
four hundred dollars ($1,400.00).
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 in accordance with
Section 1.08.105. 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 1 st.
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 fourteen (14) 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
Ordinance No. 2023-22
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provide the City Clerk with a copy of the written demand, and proof of delivery thereof,
within fourteen (14) days 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) 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) 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 bring 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) days 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) days 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.
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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 running 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)."
Section 41: Section 1.26.010 (Definitions) of Chapter 1.26 (Electronic Filing of
Campaign Disclosure Statements) of Title 1 of the Code is hereby amended to read as
follows:
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 (Cal. Gov. Code Section 81000 et
seq.) and FPPC regulations (2 CCR Section 18104 et seq.). 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. Gov. Code Section 84100 et
seq.).
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"Statements" means statements, reports, or other documents required by Chapter 4 of
the Political Reform Act (Cal. Gov. Code Section 84100 et seq.).
Section 42: Subsections (A) and (C) of Section 1.26.020 (General) of Chapter
1.26 (Electronic Filing of Campaign Disclosure Statements) of Title 1 of the Code are
hereby amended to read as set forth below:
Subsection (A) of Section 1.26.020 shall read as set forth in the quotations
below:
"A. Any elected officer, candidate, or committee required to file original statements
with the 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. Gov.
Code Section 84615. Elected 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. Gov.
Code Section 84615, because the officer, candidate or committee receives less than
two thousand dollars ($2,000.00) in contributions and makes less than two thousand
dollars ($2,000.00) in expenditures in a calendar year."
Subsection (C) of Section 1.26.020 shall read as set forth in the quotations below:
"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.
Gov. Code Section 84602(a)(3), and that is compatible with the Secretary of State's
system for receiving an online or electronic filing."
Section 43: Section 1.26.030 (Procedures for Utilizing Online Filing) of Chapter
1.26 (Electronic Filing of Campaign Disclosure Statements) of Title 1 of the Code is
hereby amended to read as set forth in the quotations below:
1.26.030 Procedures for Utilizing Online Filing.
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.
B. 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.
Ordinance No. 2023-22
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C. 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."
Section 44: Subsection (F) of Section 1.28.020 (Definitions) of Chapter 1.28
(Lobbyist Registration and Reporting) of Title 1 of the Code is hereby deleted in its
entirety.
Section 45: The Table of Contents for Chapter 2.08 (City Manager) of Title 2 of
the Code is hereby amended to read as follows:
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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.
Section 46: Section 2.08.030 (Compensation — Expenses) of Chapter 2.08 (City
Manager) of Title 2 of the Code is hereby amended to read as set forth in the quotations
below:
"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 Manager in the
performance of the City Manager's duties within the amounts fixed in the budget for
such purposes and for the City Manager's expenses incurred when traveling on
business pertaining to the City under the direction of the City Council."
Section 47: Subsections (B), (D), (E), (1) and (K) of Section 2.08.040 (Powers
and Duties) of Chapter 2.08 (City Manager) of Title 2 of the Code are hereby amended
to read as set forth below:
Subsection (B) of Section 2.08.040 shall read as set forth in the quotations
below:
"B. To consolidate or combine duties, offices, positions, departments or units under
the 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;"
Subsections (D) and (E) of Section 2.08.040 shall read as set forth in the
quotations below:
"D. To recommend to the City Council for adoption such measures and ordinances as
the City Manager deems necessary or expedient;
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E. To make investigations into the affairs of the City, and any department or division
thereof under the City Manager's direction and control;"
Subsection (1) of Section 2.08.040 shall read as set forth in the quotations below:
"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's office;"
Subsection (K) of Section 2.08.040 shall read as set forth in the quotations
below:
"K. To perform such other duties and exercise such other powers as may be delegated
to the City Manager from time to time by ordinance or resolution of the City Council."
Section 48: Section 2.08.050 (Removal) of Chapter 2.08 (City Manager) of Title
2 of the Code is hereby deleted in its entirety.
Section 49: Section 2.12.030 (Community Development Department) of
Chapter 2.12 (Administrative Departments) of Title 2 of the Code is hereby amended to
read as set forth in the quotations below:
"2.12.030 Community Development Department.
The Community Development Department shall be under the supervision of the
Community Development Director. 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;
Ordinance No. 2023-22
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G. Receipt and processing of subdivision maps; and
H. Such other functions as may be delegated by the City Manager or the City
Council."
Section 50: Section 2.12.040 (Finance Department) of Chapter 2.12
(Administrative Departments) of Title 2 of the Code is hereby amended to read as set
forth in the quotations below:
"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 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."
Section 51: Section 2.12.050 (Fire Department) of Chapter 2.12 (Administrative
Departments) of Title 2 of the Code is hereby amended to read as set forth in the
quotations below:
"2.12.050 Fire Department.
The Fire Department shall be under the supervision of the Fire Chief. The functions of
the Fire Department shall include:
A. Administration.
Ordinance No. 2023-22
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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."
Section 52: Subsection (A) of Section 2.12.060 (Human Resources
Department) of Chapter 2.12 (Administrative Departments) of Title 2 of the Code is
hereby amended to read as set forth in the quotations below:
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"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 this Code;"
Section 53: Section 2.12.080 (Utilities Department) of Chapter 2.12
(Administrative Departments) of Title 2 of the Code is hereby amended to read as set
forth in the quotations below:
"2.12.080 Utilities Department.
The Utilities Department shall be under the supervision of the Utilities Director. 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 Title 14; and
H. Such other functions as may be delegated by the City Manager or the City
Council."
Section 54: Section 2.12.100 (Public Works Department) of Chapter 2.12
(Administrative Departments) of Title 2 of the Code is hereby amended to read as set
forth in the quotations below:
"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 Tem. 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
Ordinance No. 2023-22
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contracts for the construction of public works, 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 waste;
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."
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Section 55: Section 2.12.120 (Harbor Department) of Chapter 2.12
(Administrative Departments) of Title 2 of the Code is hereby amended to read as set
forth in the quotations below:
"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;
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;
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."
Section 56: The Table of Contents for Chapter 2.20 (Emergency Services) of
Title 2 of the Code is hereby amended to read as follows:
Chapter 2.20
EMERGENCY SERVICES*
Sections:
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2.20.00E Prior History Note for Chapter 2.20.
2.20.010 Purpose.
2.20.020 Emergency Defined.
2.20.030 Disaster Council —Members.
2.20.040 Disaster 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.
Section 57: Section 2.20.010 (Purpose) of Chapter 2.20 (Emergency Services)
of Title 2 of the Code is hereby amended to read as set forth in the quotations below:
"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 within the 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."
Section 58: Section 2.20.020 (Emergency Defined) of Chapter 2.20
(Emergency Services) of Title 2 of the Code is hereby amended to read as set forth in
the quotations below:
"2.20.020 Emergency Defined.
As used in this article, the terms state of emergency, local emergency, and state of war
emergency shall 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."
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Section 59: Section 2.20.030 (Disaster Council —Members) of Chapter 2.20
(Emergency Services) of Title 2 of the Code is hereby amended to read as set forth in
the quotations below:
"2.20.030 Disaster Council —Members.
The City of Newport Beach Disaster Council is hereby created and shall consist of the
following members:
A. The Mayor, who shall be the chair, or in the Mayor's absence, the Mayor Pro
Tempore;
B. The remaining members of the City Council; and
C. Other officers and employees of the City, and representatives of civic, business,
labor, veterans, professional, or other organizations within the community, as may be
appointed by the chair, subject to confirmation by the City Council."
Section 60: Section 2.20.040 (Disaster Council —Powers) of Chapter 2.20
(Emergency Services) of Title 2 of the Code is hereby amended to read as set forth in
the quotations below:
"2.20.040 Disaster Council —Powers.
The Disaster 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 Disaster Council shall meet upon call of the Mayor or
in his or her absence the Mayor Pro Tempore or the City Manager."
Section 61: Section 2.20.050 (Emergency Operations Plan) of Chapter 2.20
(Emergency Services) of Title 2 of the Code is hereby amended to read as set forth in
the quotations below:
"2.20.050 Emergency Operations Plan.
The City Council has adopted an emergency operations plan 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. The Disaster 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,
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Page 45 of 470
but shall have the effect of law whenever an emergency, as provided in this chapter,
has been proclaimed."
Section 62: Section 2.20.060 (Director and Assistant Director of Emergency
Services —Powers and Duties) of Chapter 2.20 (Emergency Services) of Title 2 of the
Code is hereby amended to read as set forth in the quotations below:
"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, the 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 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 (7) 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;
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 Disaster Council."
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Page 46 of 470
Section 63: Section 2.20.065 (Review and Termination of Proclamation of
Emergency) of Chapter 2.20 (Emergency Services) of Title 2 of the Code is hereby
added to read as set forth in the quotations below:
"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."
Section 64: Section 2.20.070 (Director —Assistant Director —Emergency
Powers) of Chapter 2.20 (Emergency Services) of Title 2 of the Code is hereby
amended to read as set forth in the quotations below:
"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, 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
Ordinance No. 2023-22
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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 (7) days unless 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 (7) 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 found
lacking and needed for the protection of the life and property, 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 State 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."
Section 65: Section 2.20.100 (Violation) of Chapter 2.20 (Emergency Services)
of Title 2 of the Code is hereby amended to read as set forth in the quotations below:
"2.20.100 Violation.
No person during an emergency shall:
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A. Willfully 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 or the City."
Section 66: Section 2.20.110 (Severability) of Chapter 2.20 (Emergency
Services) of Title 2 of the Code is hereby deleted in its entirety.
Section 67: Section 2.24.010 (Definitions) of Chapter 2.24 (Civil Service
System) of Title 2 of the Code is hereby amended to delete the following definitions:
City. The term "City" shall mean the City of Newport Beach.
City Charter. The term "City Charter" shall mean the City Charter of the City of Newport
Beach.
City Council. The term "City Council" shall mean the City Council of the City of Newport
Beach.
Section 68: Subsection (D) of Section 2.24.060 (Responsibilities and Authority
of City Manager) of Chapter 2.24 (Civil Service System) of Title 2 of the Code is hereby
deleted in its entirety.
Section 69: Section 2.24.100 (Selection of Fire and Police Chiefs) of Chapter
2.24 (Civil Service System) of Title 2 of the Code is hereby amended to read as set forth
in the quotations below:
"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 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
Ordinance No. 2023-22
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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."
Section 70: The Table of Contents for Chapter 2.28 (Personnel Policy,
Compensation Plan) of Title 2 of the Code is hereby amended to read as follows:
Chapter 2.28
PERSONNEL POLICY, COMPENSATION PLAN
Sections:
2.28.010 Establishment of Classifications and Salary Ranges.
2.28.020 Uniform Personnel Policies.
Section 71: Section 2.28.030 (Annual Review by City Manager) of Chapter 2.28
(Personnel Policy, Compensation Plan) of Title 2 of the Code is hereby deleted in its
entirety.
Section 72: The Table of Contents for Chapter 2.30 (Recycling Service Fee) of
Title 2 of the Code is hereby amended to read as follows:
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
Responsibility.
Section 73: Section 2.30.050 (Severability) of Chapter 2.30 (Recycling Service
Fee) of Title 2 of the Code is hereby deleted in its entirety.
Section 74: Section 2.32.020 (Duties of City Traffic Engineer) of Chapter 2.32
(Traffic Division and Engineer) of Title 2 of the Code is hereby amended to read as set
forth in the quotations below:
"2.32.020 Duties of City Traffic Engineer.
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It shall be the general duty of the City Traffic Engineer 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."
Section 75: The Table of Contents for Chapter 2.36 (Peace Officer's Training)
of Title 2 of the Code is hereby amended to read as follows:
Chapter 2.36
PEACE OFFICER'S TRAINING
Sections:
2.36.010 State Aid for Training —Adherence to Standards.
Section 76: Section 2.36.010 (State Aid for Training —Adherence to Standards)
of Chapter 2.36 (Peace Officer's Training) of Title 2 of the Code is hereby amended to
read as set forth in the quotations below:
"2.36.010 State Aid for Training —Adherence to Standards.
The City Council declares that it desires the City to qualify to receive aid from the State
under the provisions of Cal. Pen. Code Sections 13500-13553.
Pursuant to Cal. Pen Code Sections 13510 and 13522, the City, while receiving aid
from the State, 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, 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."
Section 77: Section 2.36.020 (State Aid —Article 3—Adherence to Standards)
of Chapter 2.36 (Peace Officer's Training) of Title 2 of the Code is hereby deleted in its
entirety.
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Section 78: The Table of Contents for Title 3 (Revenue and Finance) of the
Code is hereby amended to read as follows:
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
Section 79: The Table of Contents for Chapter 3.04 (Sales and Use Tax) of
Title 3 of the Code is hereby amended to read as follows:
Sections:
3.04.010
3.04.020
3.04.030
3.04.050
3.04.060
3.04.070
3.04.080
3.04.090
3.04.100
3.04.110
3.04.140
3.04.150
3.04.170
Chapter 3.04
SALES AND USE TAX
Short Title.
Rate.
Purpose.
Sales Tax.
Place of Sale.
Use Tax.
Adoption of Provisions of State Law.
Limitations on Adoption of State Law.
Permit Not Required.
Exclusions and Exemptions —Measure of Tax.
Amendments.
Enjoining Collection Forbidden.
Severability.
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Section 80: Subsection (C) of Section 3.04.030 (Purpose) of Chapter 3.04
(Sales and Use Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"C. 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 Administration 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 in
administering and collecting the California State Sales and Use Taxes."
Section 81: Section 3.04.040 (Operative Date) of Chapter 3.04 (Sales and Use
Tax) of Title 3 of the Code is hereby deleted in its entirety.
Section 82: Section 3.05.050 (Sales Tax) of Chapter 3.04 (Sales and Use Tax)
of Title 3 of the Code is hereby amended to read as set forth in the quotations below:
"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 (1) 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 January 1, 1974."
Section 83: Section 3.04.060 (Place of Sale) of Chapter 3.04 (Sales and Use
Tax) of Title 3 of the Code is hereby amended to read as set forth in the quotations
below:
"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 the retailer's 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 prescribed and adopted by the California Department of Tax and
Fee Administration."
Section 84: Section 3.04.080 (Adoption of Provisions of State Law) of Chapter
3.04 (Sales and Use Tax) of Title 3 of the Code is hereby amended to read as set forth
in the quotations below:
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"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 the Cal. Rev. & Tax. Code, Division 2, Part 1.5, all of the provisions
of the Cal. Rev. & Tax. Code, Division 2, Part 1, are hereby adopted and made a part of
this chapter as though fully set forth herein."
Section 85: Section 3.04.090 (Limitations on Adoption of State Law) of Chapter
3.04 (Sales and Use Tax) of Title 3 of the Code is hereby amended to read as set forth
in the quotations below:
"3.04.090 Limitations on Adoption of State Law.
In adopting the provisions of Cal. Rev. Tax. Code Division 2, Part 1, wherever the State
is named or referred to as the taxing agency, the City 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 Administration, 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 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, 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, 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 code; 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; and the substitution shall not be made for the word "State" in
the phrase "retailer 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."
Section 86: Section 3.04.100 (Permit Not Required) of Chapter 3.04 (Sales and
Use Tax) of Title 3 of the Code is hereby amended to read as set forth in the quotations
below:
"3.04.100 Permit Not Required.
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If a seller's permit has been issued to a retailer under Cal Rev. & Tax. Code Section
6067, an additional seller's permit shall not be required by this chapter."
Section 87: Subsection (B) of Section 3.04.110 (Exclusions and Exemptions —
Measure of Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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, 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."
Section 88: Section 3.04.140 (Amendments) of Chapter 3.04 (Sales and Use
Tax) of Title 3 of the Code is hereby amended to read as set forth in the quotations
below:
"3.04.140 Amendments.
All subsequent amendments of the Cal. Rev. & Tax. Code which relate to the sales and
use tax and which are not inconsistent with Cal Rev. & Tax. Code, Division 2, Part 1.5,
shall automatically become a part of this chapter."
Section 89: Section 3.04.150 (Enjoining Collection Forbidden) of Chapter 3.04
(Sales and Use Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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, of any tax or any amount of tax required to
be collected."
Section 90: Section 3.04.160 (Penalties) of Chapter 3.04 (Sales and Use Tax)
of Title 3 of the Code is hereby deleted in its entirety.
Section 91: Section 3.04.180 (Repeals) of Chapter 3.04 (Sales and Use Tax) of
Title 3 of the Code is hereby deleted in its entirety.
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Section 92: The Table of Contents for Chapter 3.08 (Property Tax) of Title 3 of
the Code is hereby amended to read as follows:
Chapter 3.08
PROPERTY TAX
Sections:
3.08.010 Property Tax Duties Transferred to County.
Section 93: Section 3.08.010 (Amount of Tax to Levy) of Chapter 3.08
(Property Tax) of Title 3 of the Code is hereby deleted in its entirety and replaced with
Section 3.08.010 (Property Tax Duties Transferred to County), to read as set forth in the
quotations below:
"3.08.010 Property Tax Duties Transferred to County.
Pursuant to the provisions of Cal. Gov. Code, Title 5, Division 1, Part 2, Chapter 2, 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."
Section 94: Section 3.08.020 (Library Fund) of Chapter 3.08 (Property Tax) of
Title 3 of the Code is hereby deleted in its entirety.
Section 95: Section 3.16.020 (Definitions) of Chapter 3.16 (Uniform Transient
Occupancy Tax) of Title 3 of the Code is hereby amended to read as follows:
3.16.020 Definitions.
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Except where the context otherwise requires, the definitions in this section shall govern
the interpretation and construction of the terms of this chapter:
City Collector. The term "City Collector" shall mean the Finance Director.
Hotel. The term "hotel" shall mean any structure, or any portion of any structure or the
air space within any structure, which is occupied or intended or designed for occupancy
by transients for dwelling, lodging or sleeping purposes for periods of thirty (30) days or
less. The term "hotel" includes any inn, residential dwelling unit, motel, group residential
or lodging house, bed and breakfast inn, single room occupancy hotel, hostel, rental
unit, public or private residential club, mobile home, time-share project, house trailer at
a fixed location, or other structure or portion of a structure.
The term "hotel" shall also include a space, campsite or similar facility which is
occupied, or intended or designed for occupancy, by a recreational vehicle, camper,
van, trailer, motor home or similar vehicle used, or intended for use, as a dwelling,
lodging or for sleeping purposes.
Including. The term "including" shall mean "including, without limitation" and "including,
but not limited to" and shall not be interpreted to imply any limitation on the more
general preceding provision unless otherwise expressly stated.
Individual. The term "individual" shall mean any natural person.
Occupancy. The term "occupancy" shall mean the use or possession, or the right to use
or possession, of a specific campsite, space, area, room or rooms in any hotel for the
purpose of dwelling, lodging or sleeping.
Operator. The term "operator" shall mean the person who is proprietor of the hotel,
whether in the capacity of owner, lessee, sublessee, mortgagee in possession,
licensee, time-share project owner's association or any other capacity. Where the
operator performs the operator's functions through a managing agent of any type or
character other than an employee, the managing agent shall also be deemed an
operator for the purposes of this chapter and shall have the same duties and liabilities
as the principal. Compliance with the provisions of this chapter by either the principal or
the managing agent shall, however, be considered to be compliance by both.
Qualifying Rental Agreement. The term "qualifying rental agreement" shall mean a
written leasehold agreement signed by both the operator and transient obligating the
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transient to pay rent for use and possession of a room or space in a hotel for a period of
not less than thirty-one (31) consecutive days. The qualifying rental agreement shall be
legally enforceable by both the operator and transient and shall include in its terms both
the right to occupy and the obligation to pay for a room or rooms for thirty-one (31) days
or more. "Qualifying rental agreement" expressly excludes:
A. Any agreement, regardless of the rental term, which is terminated for any reason,
by either party, or by mutual consent, prior to the thirty-first consecutive day of
occupancy; or
B. Any agreement that would be unlawful or constitute a violation of law.
Rent. The term "rent" shall mean the consideration charged, whether or not received, for
the occupancy of space in a hotel valued in money, whether to be received in money,
goods, labor or otherwise, including all receipts, cash, credits, and property and
services of any kind or nature, without any deduction. Rent shall include the
consideration charged by an operator for accommodations, including any (A) un-
refunded advance rental deposits or (B) separate charges levied for items or services
which are part of such accommodations including, but not limited to, furniture, fixtures,
appliances, linens, towels, non -coin -operated safes, utilities (such as energy
surcharges) and maid service.
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
11212) 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.
Time -Share Owner. The term "time-share owner" shall mean any person or entity that
owns a time-share interest.
Time -Share Project. The term "time-share project" shall mean a structure or real
property (including air space) in which a time-share interest has been sold.
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 days or less, counting portions of 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
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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.
Section 96: Subsection (E) of Section 3.16.050 (Operator's Collection Duties) of
Chapter 3.16 (Uniform Transient Occupancy Tax) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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."
Section 97: Subsection (D) of Section 3.16.060 (Registration of Hotel) of
Chapter 3.16 (Uniform Transient Occupancy Tax) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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 this 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 or to
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.
The requirements of this section shall not apply to the operator of a hotel required to
obtain a short term lodging permit pursuant to Section 5.95.020."
Section 98: Section 3.16.080 (Penalties and Interest) of Chapter 3.16 (Uniform
Transient Occupancy Tax) of Title 3 of the Code is hereby amended to read as set forth
in the quotations below:
"3.16.080 Penalties and Interest.
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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 (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 or
greater discrepancy between the amount of annual transient occupancy tax due to the
City and the amount collected and remitted to the City 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."
Section 99: Subsections (B) and (C) of Section 3.16.090 (Enforcement
Proceedings —Appeal) of Chapter 3.16 (Uniform Transient Occupancy Tax) of Title 3 of
the Code are hereby amended to read as set forth in the quotations below:
"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.
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
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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 City but
subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 100: Section 3.16.110 (Records) of Chapter 3.16 (Uniform Transient
Occupancy Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"3.16.110 Records.
It shall be the duty of every operator liable for the collection and remittance to the City of
any tax imposed by this chapter to keep and preserve, for a period of not less than four
(4) years, all records necessary to determine the amount of tax the operator was
required to collect and remit 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."
Section 101: Subsection (A) of Section 3.16.120 (Refunds) of Chapter 3.16
(Uniform Transient Occupancy Tax) of Title 3 of the Code is hereby amended to read as
set forth in the quotations below:
"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) year of the date of payment, be made on
forms furnished by the Finance Director and be signed by the operator under penalty of
perjury."
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Section 102: Section 3.16.130 (Tax Declared a Debt —Action to Collect) of
Chapter 3.16 (Uniform Transient Occupancy Tax) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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."
Section 103:Section 3.16.140 (Penalty for Violations) of Chapter 3.16 (Uniform
Transient Occupancy Tax) of Title 3 of the Code is hereby amended to read as set forth
in the quotations below:
"3.16.140 Penalty for Violations.
No operator or other person shall willfully: (A) fail or refuse to register as required by this
chapter; (B) fail to make any return required by this chapter; (C) fail or refuses to furnish
a supplemental return or other data required by the Finance Director; or (D) make a
false or fraudulent return or claim."
Section 104:Section 3.20.010 (Fund Established) of Chapter 3.20 (Gasoline
Tax) of Title 3 of the Code is hereby amended to read as set forth in the quotations
below:
"3.20.010 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, and all funds required by such law to be deposited in the
special fund shall be deposited therein in compliance with the provisions of this Code,
and the disbursements and withdrawals from the fund shall be made only for the
purposes and in the manner prescribed in this Code."
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Section 105:The Table of Contents for Chapter 3.22 (Real Property Transfer
Tax) of Title 3 of the Code is hereby amended to read as follows:
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.
Section 106: Section 3.22.010 (Short Title —Adoption Authority) of Chapter 3.22
(Real Property Transfer Tax) of Title 3 of the Code is hereby amended to read as set
forth in the quotations below:
"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)."
Section 107: Section 3.22.060 (Exemption —Insolvency or Bankruptcy) of
Chapter 3.22 (Real Property Transfer Tax) of Title 3 of the Code is hereby amended to
read as set forth in the quotations below:
"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 Act;
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B. Approved in an equity receivership proceeding in a court involving a railroad
corporation, as defined in subdivision 11 U.S.C. Section 101;
C. Approved in an equity receivership proceeding in a court involving a corporation,
as defined in subdivision 11 U.S.C. Section 101; or
D. Whereby a mere change in identity, form or place of organization is affected.
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 (5) years from the
date of such confirmation, approval, or change."
Section 108: Subsection (B) of Section 3.22.085 (Exemptions) of Chapter 3.22
(Real Property Transfer Tax) of Title 3 of the Code is hereby amended to read as set
forth in the quotations below:
"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 Cal.
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."
Section 109: Section 3.22.090 (Administration) of Chapter 3.22 (Real Property
Transfer Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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, being the Documentary Transfer Tax Act, and
the provisions of any County ordinance adopted pursuant thereto."
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Section 110: Section 3.22.110 (Operative Date) of Chapter 3.22 (Real Property
Transfer Tax) of Title 3 of the Code is hereby deleted in its entirety.
Section 111: Chapter 3.26 (Health Care and Recreation Facilities Revenue Bond
Ordinance) of Title 3 of the Code is hereby deleted in its entirety.
Section 112: Section 3.27.030 (Definitions) of Chapter 3.27 (Municipal Facilities
Revenue Bond Code) of Title 3 of the Code is hereby amended to delete the following
definitions:
"City" means the City of Newport Beach, California, a chartered City in the State existing
under and exercising powers pursuant to the Charter and the Constitution of the State.
"City Council" means the City Council of the City.
"State" means the State of California.
Section 113: Section 3.27.110 (Repayment of Bonds) of Chapter 3.27 (Municipal
Facilities Revenue Bond Code) of Title 3 of the Code is hereby amended to read as set
forth in the quotations below:
"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 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."
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Section 114: Section 3.27.170 (Provisions of this Chapter are Complete,
Additional and Alternative) of Chapter 3.27 (Municipal Facilities Revenue Bond Code) of
Title 3 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 115: Section 3.27.180 (Judicial Validation Proceedings) of Chapter 3.27
(Municipal Facilities Revenue Bond Code) of Title 3 of the Code is hereby amended to
read as set forth in the quotations below:
"3.27.180 Judicial Validation Proceedings.
An action may be brought pursuant to Chapter 9 (commencing with Cal. Civ. Proc.
Section 860) 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."
Section 116: Section 3.27.190 (Amendment of Chapter) of Chapter 3.27
(Municipal Facilities Revenue Bond Code) of Title 3 of the Code is hereby amended to
read as set forth in the quotations below:
"3.27.190 Amendment of Chapter.
This chapter shall not be amended so as to have a material, adverse effect 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 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."
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Section 117: Subsection (E) of Section 3.28.005 (Findings and Purpose) of
Chapter 3.28 (Visitor's Service Fee) of Title 3 of the Code is hereby amended to read as
set forth in the quotations below:
"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
beneficiaries of the program;"
Section 118: Section 3.28.010 (Definitions) of Chapter 3.28 (Visitor's Service
Fee) of Title 3 of the Code is hereby amended to read as follows:
3.28.010 Definitions.
Except where the context otherwise requires, the definitions given in this section shall
govern the construction of this chapter:
City collector. The term "City collector" shall mean the Finance Director.
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 days or less, counting portions of 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.
Hotel. The term "hotel" shall mean any structure or any portion of any structure or the air
space within any structure which is occupied or intended or designed for occupancy by
transients for dwelling, lodging or sleeping purposes for periods of thirty (30) days or
less. The term "hotel" includes any inn, residential dwelling unit, motel, group residential
or lodging house, bed and breakfast inn, single room occupancy hotel, hostel, rental
unit, public or private residential club, mobile home, time-share project, house trailer at
a fixed location, or other structure or portion of a structure.
Individual. The term "individual" shall mean any natural person.
Occupancy. The term "occupancy" shall mean the use or possession, or the right to use
or possession, of a specific room or rooms or portion thereof, in any hotel for dwelling,
lodging or sleeping purposes.
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Operator. The term "operator" shall mean the person who is proprietor of the hotel,
whether in the capacity of owner, lessee, sublessee, mortgagee in possession,
licensee, time-share project owner's association or any other capacity. Where the
operator performs his functions through a managing agent of any type or character
other than an employee, the managing agent shall also be deemed an operator for the
purposes of this chapter and shall have the same duties and liabilities as his principal.
Compliance with the provisions of this chapter by either the principal or the managing
agent shall, however, be considered to be compliance by both.
Person. Except as used in the term "guest," the term "person" shall have the same
meaning as set forth in Section 1.08.120.
Qualifying Rental Agreement. The term "qualifying rental agreement" shall mean a
written leasehold agreement signed by both the operator and guest obligating the guest
to pay rent for use and possession of a room or space in a hotel for a period of not less
than thirty-one (31) consecutive days. The "qualifying rental agreement" shall be legally
enforceable by both the operator and guest and shall include in its terms both the right
to occupy and the obligation to pay for a room and/or rooms for thirty-one (31) days or
more. "Qualifying rental agreement" expressly excludes:
A. Any agreement, regardless of the rental term, which is terminated for any reason,
by either party, or by mutual consent, prior to the thirty-first consecutive day of
occupancy; or
B. Any agreement that would be unlawful or constitute a violation of law.
Rent. The term "rent" shall mean the consideration charged, whether or not received, for
the occupancy of space in a hotel valued in money, whether to be received in money,
goods, labor or otherwise, including all receipts, cash, credits and property and services
of any kind or nature, without any deduction.
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 11212) 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.
Time -Share Project. The term "time-share project" shall mean a structure or real
property (including air space) in which a time-share interest has been sold.
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Section 119: Section 3.28.040 (Reporting and Remitting, Collection) of Chapter
3.28 (Visitor's Service Fee) of Title 3 of the Code is hereby amended to read as set forth
in the quotations below:
"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."
Section 120: Section 3.28.045 (Penalties and Interest) of Chapter 3.28 (Visitor's
Service Fee) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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."
Section 121: Section 3.28.057 (Payment Required) of Chapter 3.28 (Visitor's
Service Fee) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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 liability under this chapter."
Section 122: Subsection (A) of Section 3.28.060 (Duty of Successor of Operator)
of Chapter 3.28 (Visitor's Service Fee) of Title 3 of the Code is hereby amended to read
as set forth in the quotations below:
"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 Director showing that the fees or penalties have been paid or a
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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."
Section 123: Subsection (A) of Section 3.28.070 (Refunds) of Chapter 3.28
(Visitor's Service Fee) of Title 3 of the Code is hereby amended to read as follows:
"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) year of the date of payment. The claim shall be on forms
furnished by the Finance Director."
Section 124: Section 3.28.075 (Notice) of Chapter 3.28 (Visitor's Service Fee) of
Title 3 of the Code is hereby amended to read as set forth in the quotations below:
"3.28.075 Notice.
Any notice required to be given pursuant to this chapter, shall be deemed given if
served on the operator or the operator's representative in the manner provided in
Section 1.08.080 and addressed to the operator at the address shown on the transient
occupancy registration certificate."
Section 125: Section 3.28.080 (Fee Declared a Debt —Action to Collect) of
Chapter 3.28 (Visitor's Service Fee) of Title 3 of the Code is hereby amended to read as
set forth in the quotations below:
"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."
Section 126: Section 3.28.085 (Penalty for Violations) of Chapter 3.28 (Visitor's
Service Fee) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
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"3.28.085 Penalty for Violations.
No operator or other person shall willfully: (A) fail or refuses to register as required by
this chapter; (B) fail to make any return required by this chapter; (C) fail or refuses to
furnish a supplemental return or other data required by the Finance Director; or (D)
make a false or fraudulent return or claim."
Section 127: Subsections (D), (G) and (H) of Section 3.30.010 (Findings) of
Chapter 3.30 (Air Quality Improvement Trust Fund) of Title 3 of the Code are hereby
amended to read as set forth below:
Subsection (D) of Section 3.30.010 shall read as set forth in the quotations
below:
"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 & Saf. Code section 39000 et seq."
Subsection (G) and (H) of Section 3.30.010 shall read as set forth in the quotations
below:
"G. For cities and counties located within the jurisdiction of the SCAQMD that comply
with Section 44243 of the Cal. Health & Saf. Code, forty cents ($.40) of every dollar
collected under Cal. Health & Saf. Code Section 44223 shall be distributed to the cities
and counties on the basis of the jurisdiction's prorated share of population as defined by
the State Department of Finance.
H. Cities and counties that fail to adopt an ordinance pursuant to Cal. Health & Saf.
Code Section 44243(b) shall have the fee revenues which would be distributed to that
City or County distributed to the other cities and counties 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."
Section 128: Section 3.30.020 (Intent) of Chapter 3.30 (Air Quality Improvement
Trust Fund) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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 &
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Saf. Code Section 44243 to receive fee revenues for the purpose of implementing
mobile source air pollution reduction programs."
Section 129: Section 3.30.030 (Definitions) of Chapter 3.30 (Air Quality
Improvement Trust Fund) of Title 3 of the Code is hereby amended to read as follows:
3.30.030 Definitions.
A. "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 Section 40460 et seq.
B. "Fee Administrator" shall mean the Finance Director of the City.
Section 130: Subsections (E) and (F) of Section 3.30.040 (Administration) of
Chapter 3.30 (Air Quality Improvement Trust Fund) of Title 3 of the Code are hereby
amended to read as set forth in the quotations below:
"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. 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 44244.1)."
Section 131:The Table of Contents for Chapter 3.32 (Special Improvement
District Financing Code) of Title 3 of the Code is hereby amended to read as follows:
Chapter 3.32
SPECIAL IMPROVEMENT DISTRICT FINANCING CODE
Sections:
Article I. Definitions
3.32.010 Definitions.
Article II. General Provisions
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3.32.020 Short Title.
3.32.030 Municipal and State Affairs —Authority Conferred by Code —
Applicability of Laws.
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.
3.32.100 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 Tax —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.
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.
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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 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.
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.
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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
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Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure
Levy of Special Taxes.
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.
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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—Amount—Attorney's Fees —
Application of General Foreclosure Provisions.
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.
Section 132: Section 3.32,010 (Definitions) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code is hereby amended to read
as follows:
3.32.010 Definitions.
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Unless the context otherwise requires, the definitions contained in this section shall
govern the construction of this chapter.
A. "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.
B. "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 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. "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.
E. "Legislative body" means the legislative body or governing board of any local
agency.
F. "Local agency" means any city or county, whether general law or chartered, special
district, school district, joint powers entity created pursuant to Cal. Gov. Code, Title 1,
Division 7, Chapter 5, Section 6500 et seq., or any other municipal corporation, district,
or political subdivision of the State.
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G. "Rate" means a single rate of tax or a schedule of rates.
H. "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.
I. "Special improvement district" means a legally constituted governmental entity
established pursuant to this Code for the sole purpose of financing facilities and
services.
Section 133: Section 3.32.030 (Municipal and State Affairs —Authority Conferred
by Code —Applicability of Laws) of Chapter 3.32 (Special Improvement District
Financing Code) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"3.32.030 Municipal and State Affairs —Authority Conferred by Code —
Applicability of Laws.
This Code is adopted pursuant to City Charter Section 200. 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 concern, it is declared to be the intention that the proceedings were had
pursuant to any applicable general law or laws.
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."
Section 134: Section 3.32.040 (Conflicting Provisions—Severability) of Chapter
3.32 (Special Improvement District Financing Code) of Title 3 of the Code is hereby
deleted in its entirety.
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Section 135: Subsection (F) of Section 3.32.060 (Establishment of Special
Improvement District to Finance Certain additional Services) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code is hereby amended to read
as set forth in the quotations below:
"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,
and the term "hazardous substance" shall have the meaning set forth in Cal. Health &
Saf. Code Section 25281. 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."
Section 136: Subsections (D) and (H) of Section 3.32.070 (Additional Financing
Powers of District —Purchase, Construction, Expansion, Improvement, Rehabilitation, or
Planning and Design Work of Real or Tangible Property) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code are hereby amended to
read set forth below:
Subsection (D) of Section 3.32.070 shall read as set forth in the quotations
below:
"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. Util. 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."
Subsection (H) of Section 3.32.070 shall read as set forth in the quotations
below:
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"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 pursuant to subsection (1-1)(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, Section 18950
et seq.
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) 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 section, may be
financed by a tax levy only if all of the votes cast on the question of levying the tax,
favor 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), shall consist only of lots or parcels that 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 proclamation.
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
Ordinance No. 2023-22
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structure, nor the construction of a new or substantially new building or structure may be
financed pursuant to this subsection (a)(i).
ii. Work on privately owned buildings and structures pursuant to this
subsection (a), including reconstruction, repair, and abatement of damage caused by
soil deterioration, may only be financed by a tax levy if all of the votes cast on the
question of levying the tax favor 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
that the City Council finds suffer from soil deterioration."
Section 137: Section 3.32.080 (Adjustments in Ad Valorem Property Taxes —
Findings) of Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of
the Code is hereby deleted in its entirety.
Section 138: Section 3.32.090 (Increase in Total Annual Amount of Ad Valorem
Property Tax Revenue Due From Parcels Within Proposed District) of Chapter 3.32
(Special Improvement District Financing Code) of Title 3 of the Code is hereby deleted
in its entirety.
Section 139: Section 3.32.100 (Additional District Financing Powers) of Chapter
3.32 (Special Improvement District Financing Code) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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 Section
3.32.060 (F)."
Section 140:Subsection (A) of Section 3.32.120 (Advances of Funds or Work In -
kind —Acceptance by City Council —Use —Repayment —Agreement —Conditions) of
Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of the Code is
hereby amended to read as set forth in the quotations below:
"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 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 the special improvement district. The
City Council may enter into an agreement, by resolution, with the person or entity
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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 the 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. 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."
Section 141: Section 3.32.170 (Special Tax —Special Assessment on Property
Acquired by Public Entity Through Eminent Domain) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code is hereby amended to read
as set forth in the quotations below:
"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, 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 shall be treated the same as a fixed lien special assessment."
Section 142: Section 3.32.190 (Prohibition of LAFCO From Review, Approval or
Disapproval of Creation of or Annexation or Detachment of Territory From a District) of
Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of the Code is
hereby amended to read as set forth in the quotations below:
"3.32.190 Prohibition of LAFCO From Review, Approval or Disapproval of Creation
of or Annexation or Detachment of Territory From a District.
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Notwithstanding any provision of Cal. Gov. Code, Title 5, Division 3, Part 1, Section
56000 et seq., 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."
Section 143: Section 3.32.220 (Resolution of Intention to Establish Special
Improvement District —Contents) of Chapter 3.32 (Special Improvement District
Financing Code) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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 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 district. 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
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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 by more than two (2) 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. For purposes of
this subsection (D), 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 a 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.
F. Describe the proposed voting procedure."
Section 144: Section 3.32.230 (Reports and Estimate of Costs by Responsible
Officers —Remedial Action Plan for Cleanup of Hazardous Substance —Inclusion in
Record of Hearing) of Chapter 3.32 (Special Improvement District Financing Code) of
Title 3 of the Code is hereby amended to read as set forth in the quotations below:
"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
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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 (d) 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
(h) (3), 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."
Section 145: Subsection (A) of Section 3.32.240 (Notice of Hearing) of Chapter
3.32 (Special Improvement District Financing Code) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"A. The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code
Sections 6060 and 6061 in a newspaper of general circulation published in the area of
the proposed district. Publication shall be complete at least seven (7) days prior to the
date of the hearing."
Section 146: Section 3.32.270 (Written Protest —Further Proceedings to Create
District —Elimination of Special Tax or Types of Facilities or Services From Resolution
of Formation) of Chapter 3.32 (Special Improvement District Financing Code) of Title 3
of the Code is hereby amended to read as set forth in the quotations below:
"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 (6) 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."
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Section 147: Subsection (A) of Section 3.32.290 (Adoption of Resolution of
Formation Establishing District —Contents —Finding Concerning Validity and Conformity
of Prior Proceedings) of Chapter 3.32 (Special Improvement District Financing Code) of
Title 3 of the Code is hereby amended to read as set forth in the quotations below:
"A. If the City Council determines to establish the district, it shall adopt a resolution of
formation establishing the district.
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, 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."
Section 148: Section 3.32.320 (Establishment or Changing Appropriations
Limit —Election on proposition —Adjustment) of Chapter 3.32 (Special Improvement
District Financing Code) of Title 3 of the Code is hereby amended to read as set forth in
the quotations below:
"3.32.320 Establishment or Changing Appropriations Limit —Election on
proposition —Adjustment.
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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), 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."
Section 149: Subsection (A) of Section 3.32.330 (Special Tax Levy —Election —
Voter Qualifications —Ballots) of Chapter 3.32 (Special Improvement District Financing
Code) of Title 3 of the Code is hereby amended to read as set forth in the quotations
below:
"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 Cal. Elec. 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 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 (3) 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."
Section 150: Subsection (A) of Section 3.32.340 (Election Laws Governing —
Ballot Materials) of Chapter 3.32 (Special Improvement District Financing Code) of Title
3 of the Code is hereby amended to read as set forth in the quotations below:
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"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, and arguments and
rebuttals, if any, pursuant to Cal. Elec. Code Sections 9281 to 9287."
Section 151: Section 3.32.370 (Recordation and Notice of Special Tax Lien —
Site of Record) of Chapter 3.32 (Special Improvement District Financing Code) of Title 3
of the Code is hereby amended to read as set forth in the quotations below:
"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 whereupon the lien of the special tax shall attach as provided in Cal.
Sts. & Hy. Code Section 3115.5. 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."
Section 152: Section 3.32.380 (Application of California Streets and Highway
Code With Respect to Special Taxes —Filing) of Chapter 3.32 (Special Improvement
District Financing Code) of Title 3 of the Code is hereby amended to read as set forth in
the quotations below:
"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. & Hy. Code Section 3100."
Section 153:Subsection (C) of Section 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)
of Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of the Code is
hereby amended to read as set forth in the quotations below:
"C. Upon adoption of a resolution of change, the Clerk shall record notice of the
changes pursuant to Cal. Sts. & Hy. Code Section 3117.5."
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Section 154: Subsection (B) of Section 3.32.530 (Dissolution of Special
Improvement District —Findings —Dissolution of Liens) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code is hereby amended to read
as set forth in the quotations below:
"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 which shall
state that the special improvement district and all associated liens, if any, have been
dissolved."
Section 155: Section 3.32.550 (Adoption of Resolution of Intention) of Chapter
3.32 (Special Improvement District Financing Code) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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 owners 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."
Section 156: Section 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) of Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of
the Code is hereby amended to read as set forth in the quotations below:
"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
Ordinance No. 2023-22
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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."
Section 157: Section 3.32.610 (Addition of Territory With Full Legal Effect —
Special Tax Levy) of Chapter 3.32 (Special Improvement District Financing Code) of
Title 3 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 158: Section 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) of
Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of the Code is
hereby amended to read as set forth in the quotations below:
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"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 to Article III, Article IV, or Article V
of this chapter. The City Council may provide, by resolution, for the 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 21 st 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. 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."
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Section 159: Section 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) of Chapter
3.32 (Special Improvement District Financing Code) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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),
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 (5) business 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" in 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:
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Page 93 of 470
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 (if applicable), 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 facilities]
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:
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
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WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER OR AGENT SELLING
THE PROPERTY.
DATE:
Section 160: Subsections (A) and (B) of Section 3.32.660 (Sale or Lease of Lot,
Parcel or Unit of Subdivision —Notice of Special Tax —Form —Termination of
Agreement —Violations and Penalties) of Chapter 3.32 (Special Improvement District
Financing Code) of Title 3 of the Code are hereby amended to read as set forth in the
quotations below:
"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 (5) 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" in 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 parcel 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 property.
Ordinance No. 2023-22
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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 , (if 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:
[identify facilities]
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:
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
Ordinance No. 2023-22
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project, as defined by Cal. Civ. Code Section 6542, 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."
Section 161: Section 3.32.710 (Inclusion of Certain Costs and Estimated Costs
in Proposed Bonded Indebtedness) of Chapter 3.32 (Special Improvement District
Financing Code) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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; 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 (2)
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."
Section 162: Section 3.32.720 (Notice of Hearing on Resolution) of Chapter 3.32
(Special Improvement District Financing Code) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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 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."
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Section 163: Section 3.32.870 (Price of Property Sold) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code is hereby amended to read
as set forth in the quotations below:
"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."
Section 164: Section 3.32.900 (Special Tax or Charge for Outstanding Bonded
Debt) of Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of the
Code is hereby amended to read as set forth in the quotations below:
"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 federal 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."
Section 165: Section 3.32.910 (Action to Determine Validity of Bonds or Special
Tax Levy) of Chapter 3.32 (Special Improvement District Financing Code) of Title 3 of
the Code is hereby amended to read as set forth in the quotations below:
"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, 2 but shall,
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notwithstanding the time limits specified in Cal. Code Civ. Proc. Section 860, be
commenced within thirty (30) days after the voters approve the issuance of the bonds or
the special tax if the action is brought by an interested person pursuant to Cal. Code
Civ. Proc. Section 863. Any appeal from a judgment in that action or proceeding shall
be commenced within thirty (30) days after entry of judgment."
Section 166: Section 3.32.930 (Variable Interest Rate) of Chapter 3.32 (Special
Improvement District Financing Code) of Title 3 of the Code is hereby amended to read
as set forth in the quotations below:
"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 53531 or any other applicable
provision of law limiting the maximum interest rate on bonds."
Section 167: The Table of Contents for Chapter 3.33 (Assessment District of
Alternative Procedures) of Title 3 of the Code is hereby amended to read as follows:
Chapter 3.33
ASSESSMENT DISTRICT ALTERNATIVE PROCEDURES
Sections:
3.33.005
3.33.010
3.33.020
3.33.030
3.33.040
3.33.050
3.33.060
3.33.070
3.33.080
3.33.090
Short Title.
Provisions Not Exclusive —Applicability of Laws —Conflicting
Provisions.
Definitions.
Declaration of Policy.
Authority and Procedure.
Assessment of Possessory Interests.
Method of Collection —Alternative Methods.
Form of Bonds —Maturities.
Authority to Covenant to Secure Bonds.
Actions or Proceedings to Attack Assessments —Time for
Perfection of Appeal.
Section 168: Section 3.33.020 (Definitions) of Chapter 3.33 (Assessment District
Alternative Procedures) of Title 3 of the Code is hereby amended to read as follows:
3.33.020 Definitions.
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Unless the context otherwise requires, the definitions contained in this section shall
govern the construction of this chapter, including all provisions incorporated into this
chapter by reference.
"Act" means the Municipal Improvement Act of 1913, as amended (Streets and
Highways Code Section 10000 and following).
"Bond" or "bonds" 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.
"Bond Act" means the Improvement Bond Act of 1915 (the "Bond Act"), (Cal. Sts. & Hy
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. Code Section 53750(I). "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. Code Section 53750 and
following.
"Implementation Act" means the Proposition 218 Omnibus Implementation Act, being
Article 4.6 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California (Section 53750 and following).
"Land," "parcel," "parcel of land," "property," or "subdivision" means real property in any
form, including a possessory interest.
"Landowner," "owner of land," or "owner" means any person shown as the owner of land
on the last equalized assessment roll or otherwise known to the city to be the owner of
the land. 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 chapter.
"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
Ordinance No. 2023-22
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governmental entity including, but not limited to, the federal government, the State,
county or City.
Section 169: Section 3.33.060 (Method of Collection —Alternative Methods) of
Chapter 3.33 (Assessment District Alternative Procedures) of Title 3 of the Code is
hereby amended to read as set forth in the quotations below:
"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 Public Works Director."
Section 170: Subsection (A) of Section 3.33.080 (Authority to Covenant to
Secure Bonds) of Chapter 3.33 (Assessment District Alternative Procedures) of Title 3
of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 171: Section 3.33.100 (Severability) of Chapter 3.33 (Assessment
District Alternative Procedures) of Title 3 of the Code is hereby deleted in its entirety.
Section 172: The Table of Contents for Chapter 3.34 (Marine Charter Passenger
Tax) of Title 3 of the Code is hereby amended to read as follows:
Chapter 3.34
MARINE CHARTER PASSENGER TAX
Sections:
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Pagel 01 of 470
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.
Section 173: Section 3.34.010 (Definitions) of Chapter 3.34 (Marine Charter
Passenger Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
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.
B. "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.
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C. "Chartered vessel" shall mean any passenger vessel or small vessel as defined by
U.S. Code Title 46 Section 2101.
D. "Marine activities permittee" shall mean any charter business authorized to conduct
marine charters pursuant to Chapter 17.10.
E. "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
activities permit.
F. "Owner" shall mean any person who owns any chartered vessel.
G. "Passenger" shall mean every natural person carried on any chartered vessel that
has been chartered 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.
H. "Out of town vessel" shall mean any vessel which, for property tax purposes, has a
situs outside Newport Beach.
I. "Sport fishing vessel" shall mean a documented vessel carrying or transporting
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.
J. "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 passenger vessel or small passenger vessel as defined by
U.S. Code Title 46 Section 2101.
Section 174:Section 3.34.020 (Tax Imposed) of Chapter 3.34 (Marine Charter
Passenger Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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:
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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
B. 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 CPI."
Section 175: Section 3.34.030 (Liability for Tax) of Chapter 3.34 (Marine Charter
Passenger Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
"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 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."
Section 175: Subsections (A), (B) and (C) of Section 3.34.040 (Registration) of
Chapter 3.34 (Marine Charter Passenger Tax) of Title 3 of the Code hereby amended to
read as set forth in the quotations below:
"A. No person shall conduct any charter for which a marine activities permit is required
pursuant to the provisions of Chapter 17.10 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 marine activities permit pursuant to
Chapter 17.10 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.
C. Every commercial marine activities permittee shall register with the Revenue
Manager within fifteen (15) days of 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 activities permittee shall comply with all standard
conditions on the certificate of registration."
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Section 176: Subsections (A) and (B) of Section 3.34.060 (Reporting and
Remitting) of Chapter 3.34 (Marine Charter Passenger Tax) of Title 3 of the Code is
hereby amended to read as set forth in the quotations below:
"A. Each marine activities 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 17.10 of this
Code shall pay the tax upon obtaining the marine activities permit. No marine activities
permit required by Chapter 17.10 of this Code shall be issued until the required marine
charter tax has been paid."
Section 177: Section 3.34.070 (Failure to Collect and Report —Determination by
Revenue Manager) of Chapter 3.34 (Marine Charter Passenger Tax) of Title 3 of the
Code is hereby amended to read as set forth in the quotations below:
"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 in the manner
provided in Section 1.08.080.
B. Such owner or operator may, within ten (10) 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
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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
(5) days' 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 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."
Section 178: Section 3.34.080 (Penalties and Interest) of Chapter 3.34 (Marine
Charter Passenger Tax) of Title 3 of the Code is hereby amended to read as set forth in
the quotations below:
"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 of ten (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."
Section 179: Section 3.34.090 (Appeals) of Chapter 3.34 (Marine Charter
Passenger Tax) of Title 3 of the Code is hereby amended to read as set forth in the
quotations below:
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"3.34.090 Appeals.
Any person aggrieved by any decision of the Revenue Manager with respect to the
amount of tax, interest, penalties, assessed against the person, 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 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. The City Manager shall render a 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."
Section 180: Section 3.34.100 (Tax Deemed a Debt) of Chapter 3.34 (Marine
Charter Passenger Tax) of Title 3 of the Code is hereby amended to read as set forth in
the quotations below:
"3.34.100 Tax Deemed a Debt.
The amount of any tax, 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."
Section 181: Section 3.34.130 (Severability) of Chapter 3.34 (Marine Charter
Passenger Tax) of Title 3 of the Code is hereby deleted in its entirety.
Section 182: The Table of Contents for Chapter 3.36 (Cost Recovery for User
Services) of Title 3 of the Code is hereby amended to read as follows:
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
Late Fees and Charges.
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Section 183: Subsection (E) of Section 3.36.010 (Findings) of Chapter 3.36
(Cost Recovery for User Services) of Title 3 of the Code is hereby amended to read as
set forth in the quotations below:
"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., and Articles XIIIC and X111B of the State Constitution."
Section 184: Subsection (A) of Section 3.36.030 (Cost Recovery Percentages) of
Chapter 3.36 (Cost Recovery for User Services) of Title 3 of the Code is hereby
amended to read as set forth in the quotations below:
"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 five (5) years."
Section 185: Section 3.36.050 (Severability) of Chapter 3.36 (Cost Recovery for
User Services) of Title 3 of the Code is hereby deleted in its entirety.
Section 186:The Table of Contents for Title 5 (Business Licenses and
Regulations) of the Code is hereby amended to read as follows:
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
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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 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
Section 187: Section 5.04.010 (Definitions) of Chapter 5.04 (General Provisions)
of Title 5 of the Code is hereby amended to read as follows:
5.04.010 Definitions.
A. "Business" shall include all activities engaged in or caused to be engaged in within
the City, including any commercial or industrial enterprise, trade profession, occupation,
vocation, calling or livelihood, including the rental of residential or commercial real
estate, and every other kind of activity whether or not carried on for gain or profit, and
whether or not engaged in as a principal or as an independent contractor, but shall not
include the services rendered by an employee to his or her employer.
B. "Employee" shall mean all individuals who are engaged in the operation or conduct
of any business and whose consideration for services rendered is in the form of a
regular salary or wage.
C. "Employer" shall mean a person that employs one or more employees.
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:
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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
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.
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E. "Operate" shall mean and include manage, control or carry on.
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.
G. "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.
H. "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.
Section 188: Section 5.04.060 of (Exemptions —Exempt by Federal or State
Law) of Chapter 5.04 (General Provisions) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"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 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."
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Section 189: Section 5.04.090 (Minor's Exemptions) of Chapter 5.04 (General
Provisions) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.04.090 Minor's Exemptions.
Any person under 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."
Section 190: Section 5.04.100 (Exemption for Artists and Art Exhibits) of Chapter
5.04 (General Provisions) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
"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 four thousand nine hundred
dollars ($4,900.00), 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
Ordinance No. 2023-22
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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."
Section 191: Section 5.04.190 (Error in Terms Voids License) of Chapter 5.04
(General Provisions) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"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 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."
Section 192: Subsection (B) of Section 5.04.290 (Enforcement —Right of Entry)
of Chapter 5.04 (General Provisions) of Title 5 of the Code is hereby amended to read
as follows:
"B. Right of Entry. The Finance Director 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 person having
such license certificate issued in the person's possession or under the person's control
shall willfully fail to exhibit the same on demand."
Section 193: Section 5.04.330 (Appeal) of Chapter 5.04 (General Provisions) of
Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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 the hearing by serving the notice in the manner provided in Section
1.08.080. 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. After the hearing, the City Manager shall make a determination, 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."
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Section 194: Subsection (E) of Section 5.08.005 (Business Tax Definitions) of
Chapter 5.08 (License Fee Categories) of Title 5 of the Code is hereby deleted in its
entirety.
Section 195: Section 5.08.010 (Business Tax —Out of Town Based Businesses)
of Chapter 5.08 (License Fee Categories) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"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
Consumer Price Index."
Section 196: Section 5.08.020 (Business Tax —Residentially Based Businesses)
of Chapter 5.08 (License Fee Categories) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"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
Consumer Price Index."
Section 197: Section 5.08.022 (Business Tax —Commercially Based
Businesses) of Chapter 5.08 (License Fee Categories) of Title 5 of the Code is hereby
amended to read as set forth in the quotations below:
"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
Consumer Price Index."
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Section 198:The Table of Contents for Chapter 5.11 (Special Regulations) of
Title 5 of the Code is hereby amended to read as follows:
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.
Section 199: Section 5.11.020 (Portable Food Stand or Street Kitchen) of
Chapter 5.11 (Special Regulations) of Title 5 of the Code is hereby deleted in its
entirety.
Section 200: Section 5.11.050 (Temporary Emergency Electrical Generators) of
Chapter 5.11 (Special Regulations) of Title 5 of the Code is hereby deleted in its
entirety.
Section 201: Section 5.11.060 (Delivery of Alcoholic Beverages in a Safety
Enhancement Zone) of Chapter 5.11 (Special Regulations) of Title 5 of the Code is
hereby deleted in its entirety.
Section 202:The Table of Contents for Chapter 5.12 (Vehicles for Hire) of Title 5
of the Code is hereby amended to read as follows:
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
Insurance.
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5.12.080 Revocation, Denial and Appeal.
* Editor's note: Ordinance 97-39 amended Chapter 5.12 in its entirety.
Section 203: Section 5.12.010 (Definitions) of Chapter 5.12 (Vehicles for Hire) of
Title 5 of the Code is hereby amended to read as follows:
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.
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, 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.
Section 204: Section 5.12.015 (Pedicab) of Chapter 5.12 (Vehicles for Hire) of
Title 5 of the Code is hereby added to read as set forth in the quotations below:
"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."
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Section 205: Section 5.12.020 (Certificate Required) of Chapter 5.12 (Vehicles
for Hire) of Title 5 of the Code is hereby amended to read as set forth in the quotations
below:
"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 within the City, without having first obtained a separate
certificate of public convenience and necessity for each such business. No 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."
Section 206: Section 5.12.025 (Pedicab Permit —Trial Period) of Chapter 5.12
(Vehicles for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 207: Subsection (G) of Section 5.12.030 (Application for Certificate) of
Chapter 5.12 (Vehicles for Hire) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
"G. The experience of the applicant in the business or businesses for which the person
is seeking a certificate or certificates."
Section 208: Section 5.12.040 (Investigation) of Chapter 5.12 (Vehicles for Hire)
of Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"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. The Chief of Police shall complete the 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."
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Section 209: Section 5.12.060 (Grounds for Denial of Application) of Chapter
5.12 (Vehicles for Hire) of Title 5 of the Code is hereby amended to read as set forth in
the quotations below:
"5.12.060 Grounds for Denial of Application.
If the City Manager finds any of the following conditions exist, 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 two (2) 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."
Section 210: Section 5.12.070 (Insurance) of Chapter 5.12 (Vehicles for Hire) of
Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.12.070 Insurance.
Every person subject to this chapter shall procure and maintain insurance, which types
and amounts shall be determined by the Risk Manager."
Section 211: Section 5.12.080 (Revocation, Denial and Appeal) of Chapter 5.12
(Vehicles for Hire) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"Section 5.12.080 Revocation, Denial and Appeal
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Page 118 of 470
A. Grounds for Revocation. Any certificate granted under the provisions of this
chapter may be revoked by the City Manager for any of the following reasons:
1. That the insurance 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. For the nonpayment of any City business license.
3. For the breach of any rules, regulations or conditions set out in this Code or the
certificate.
4. For the violation of any of the laws of the State 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.
B. Notice. When the City Manager concludes that the grounds for revocation of a
certificate exists, the City Manager shall serve the certificate holder, in the manner
provided in Section 1.08.080, with a notice of revocation of the certificate. The notice
shall state the reasons for the revocation, the effective date of revocation if no appeal is
filed by the certificate holder, and the right of the certificate holder to appeal to the City
Council the decision to revoke the certificate.
C. Appeal and Call for Review. If a certificate holder is aggrieved by any action of the
City Manager in revoking any certificate, such certificate holder 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 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 appeal or a call for review.
The right to appeal to the City Council or file a call for review from the revocation shall
terminate upon the expiration of fifteen (15) days of service of the notice of revocation of
the certificate as provided in subsection (B).
The City Council 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. The
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Page 119 of 470
City Council shall preside over call for review hearings. The City Council 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."
Section 212: Section 5.12.090 (Changes of Operation) of Chapter 5.12 (Vehicles
for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 213: Section 5.12.100 (Rates or Charges) of Chapter 5.12 (Vehicles for
Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 214: Section 5.12.110 (Annual Vehicle Fee) of Chapter 5.12 (Vehicles
for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 215: Section 5.12.120 (Refusal to Pay Fare) of Chapter 5.12 (Vehicles
for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 216: Section 5.12.130 (Cruising Prohibited) of Chapter 5.12 (Vehicles for
Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 217: Section 5.12.170 (Registered Fare —Request for Receipt) of
Chapter 5.12 (Vehicles for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 218: Section 5.12.180 (Standing Vehicle on Public Rights -of -way) of
Chapter 5.12 (Vehicles for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 219: Section 5.12.190 (Right of Exclusive Vehicle Use by Passenger) of
Chapter 5.12 (Vehicles for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 220: Section 5.12.210 (Advance Vehicle License for Fee Payment
Required) of Chapter 5.12 (Vehicles for Hire) of Title 5 of the Code is hereby deleted in
its entirety.
Section 221: Section 5.12.220 (Solicitation of Passengers) of Chapter 5.12
(Vehicles for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 222: Section 5.12.230 (Driver's Permit) of Chapter 5.12 (Vehicles for
Hire) of Title 5 of the Code is hereby deleted in its entirety.
Ordinance No. 2023-22
Page 120 of 470
Section 223: Section 5.12.240 (Permit and Certificate Nontransferable) of
Chapter 5.12 (Vehicles for Hire) of Title 5 of the Code is hereby deleted in its entirety.
Section 224: The Table of Contents for Chapter 5.14 (Ambulance Regulations)
of Title 5 of the Code is hereby renumbered and amended to read as follows:
Chapter 5.14
AMBULANCE REGULATIONS
Sections:
5.14.010 Definitions.
5.14.020 Emergency Ambulance Transportation Services.
5.14.030 Nonemergency Ambulance Transportation Services.
Section 225: Section 5.14.010 (Intent and Purpose) of Chapter 5.14 (Ambulance
Regulations) of Title 5 of the Code is hereby deleted in its entirety and replaced with
5.14.010 (Definitions), to read as follows:
5.14.010 Definitions.
"Advanced life support" as defined in the Cal. Health & Saf. Code Section 1797.52
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 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. Health & Saf. Code Section 1797.60 means
emergency first aid and cardiopulmonary resuscitation procedures that, at 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 medical services.
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"Agreement" means the agreement between the City 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 "code 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."
"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 "code 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.
Section 226: Section 5.14.020 (Definitions), of Chapter 5.14 (Ambulance
Regulations) of Title 5 of the Code is hereby deleted in its entirety and replaced with
5.14.020 (Emergency Ambulance Transportation Services), to read as set forth in the
quotations below:
"5.14.020. Emergency Ambulance Transportation Services.
A. It is unlawful for any person or 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 a license issued pursuant to the
ordinances, rules, and regulations of the County 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, notify the City's Fire Department's
communication center.
C. Subsection (A) of this chapter shall not apply to:
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Page 122 of 470
1. Emergency ambulance response and transportation services operated by the
City'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. Gov.
Code Section 8558;
3. 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;
5. Emergency ambulance response and transportation services expressly
requested by the City's 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."
Section 227: Section 5.14.030 (License Required), of Chapter 5.14 (Ambulance
Regulations) of Title 5 of the Code is hereby deleted in its entirety and replaced with
5.14.030 (Nonemergency Ambulance Transportation Services), to read as set forth in
the quotations below:
"5.14.030 Nonemergency Ambulance Transportation Services.
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 the ordinances, rules, and regulations of the
County of Orange and any other licenses or permits as may be required.
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 Fire 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
Ordinance No. 2023-22
Page 123 of 470
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 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."
Section 228: Section 5.14.040 (Emergency Ambulance Transportation Service
Providers) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby
deleted in its entirety.
Section 229: Section 5.14.050 (Emergency Ambulance Transportation Service
Agreement Specifications) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the
Code is hereby deleted in its entirety.
Section 230: Section 5.14.060 (Agreements) of Chapter 5.14 (Ambulance
Regulations) of Title 5 of the Code is hereby deleted in its entirety.
Section 231: Section 5.14.070 (Termination or Suspension of Agreement) of
Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its
entirety.
Section 232: Section 5.14.080 (Business License Required) of Chapter 5.14
(Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.
Section 233: Section 5.14.090 (Advanced Life Support Ambulance
Transportation Service Providers) of Chapter 5.14 (Ambulance Regulations) of Title 5 of
the Code is hereby deleted in its entirety.
Section 234: Section 5.14.100 (Nonemergency Ambulance Transportation
Service Providers) of Chapter 5.14 (Ambulance Regulations) of Title 5 of the Code is
hereby deleted in its entirety.
Section 235: Section 5.14.110 (Permit for Drivers and Attendants) of Chapter
5.14 (Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.
Section 236: Section 5.14.120 (File Report with Police) of Chapter 5.14
(Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.
Ordinance No. 2023-22
Page 124 of 470
Section 237:Section 5.14.130 (Public Liability Insurance) of Chapter 5.14
(Ambulance Regulations) of Title 5 of the Code is hereby deleted in its entirety.
Section 238: Section 5.14.140 (Violations) of Chapter 5.14 (Ambulance
Regulations) of Title 5 of the Code is hereby deleted in its entirety.
Section 239: Section 5.15.020 (Definitions) of Chapter 5.15 (Regulation of
Newport Beach Police Official Tow Services) of Title 5 of the Code is hereby amended
to remove the following definitions:
"Finance Director" means the position appointed by the City Manager and has charge of
the administration of the financial affairs of the City.
"Revenue Division" means the Newport Beach City Revenue Division of the Finance
Department.
Section 240: Section 5.15.080 (Service Agreements) of Chapter 5.15
(Regulation of Newport Beach Police Official Tow Services) of Title 5 of the Code is
hereby amended to read as set forth in the quotations below:
"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
Consumer Price Index for the preceding twelve (12) months.
The City may require and revise the fee schedule by mutual agreement at any time
upon a finding that a rate adjustment is justified.
The term of all official police tow truck service agreements shall be five (5) years with an
option to extend the term for one additional five (5) year period. Any official police tow
truck operator whose service agreement with the City will expire or has expired may bid
on subsequent notices inviting bids for official police tow truck services."
Section 241: Subsections (E), (K), (P) and (R) of Section 5.15.110 (Standard
Rules of Operation) of Chapter 5.15 (Regulation of Newport Beach Police Official Tow
Services) of Title 5 of the Code are hereby amended to read as set forth below:
Ordinance No. 2023-22
Page 125 of 470
Subsection (E) of Section 5.15.110 shall read as set forth in the quotations
below:
"E. Each towing company shall comply with the Cal. Veh. 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."
Subsection (K) of Section 5.15.110 shall read as set forth in the quotations
below:
X. 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 the Police Department;
3. Number of these calls resulting in impounds;
4. Number of vehicles sold on lien sale under authority of the Civ. Code, and
reporting such lien sales as per authority of the Cal. Veh. Code;
5. Number of vehicles sold under authority of Cal. Civ. Code Section 3073;
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."
Subsection (P) of Section 5.15.110 shall read as set forth in the quotations below:
"P. When disposing of unclaimed vehicles, official police tow service operators shall
abide by all Cal. Civ. Code sections pertaining thereto."
Subsection (R) of Section 5.15.110 shall read as set forth in the quotations
below:
"R. A towing company may charge a lien sale fee and may begin lien sale proceedings
as provided in the Cal. Veh. and Civ. Codes."
Section 242: Section 5.15.140 (Grounds for Revocation) of Chapter 5.15
(Regulation of Newport Beach Police Official Tow Services) of Title 5 of the Code is
hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 126 of 470
"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
contract or by this Code;
2. Breach of any rules, regulations, or conditions set forth in the contract or this Code;
3. Violation of any of the laws of the State of California or of the City with respect to
the operation of the business by the contract holder, or repeated violations by operators,
attendants, or vehicles covered by the contract;
4. Failure to maintain a satisfactory level of service to the police or public;
5. Failure to keep any vehicle used for official police tow services in a safe condition
and in good repair;
6. Failure to use distinctive coloring, monogram, or insignia;
7. For any deviation from the schedule of rates set forth in the contract;
8. For any cause the City Council finds makes it contrary to the public interest,
convenience, necessity, or general welfare for the contract to continue."
Section 243: The Table of Contents for Chapter 5.17 (Taxicabs) of Title 5 of the
Code is hereby renumbered and amended to read as follows:
Chapter 5.17
TAXICABS
Sections:
5.17.010 Purpose and Intent.
5.17.020 Definitions.
5.17.030 Authorization Required.
Ordinance No. 2023-22
Page 127 of 470
5.17.040 Taxicab Regulations.
5.17.070 Application for Permits and Fees.
5.17.080 Separate from Business Licensing.
5.17.090 Agency.
Section 244: Section 5.17.020 (Definitions) of Chapter 5.17 (Taxicabs) of Title 5
of the Code is hereby amended to read as follows:
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.
"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.
"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 substantially located.
"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
businesses' total number of trips over the previous calendar year as determined
annually.
"Taxicab" means a vehicle capable of carrying not more than eight (8) 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 taxicabs.
"Taxicab business permit" means a valid permit issued by the City authorizing a person
to operate a taxicab business.
Ordinance No. 2023-22
Page 128 of 470
"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 City authorizing a particular
vehicle to be operated as a taxicab.
Section 245:Section 5.17.030 (Authorization Required), formally 5.17.030 (City
Authorization Required) of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby
amended to read as follows:
"5.17.030 Authorization Required.
A. No person shall operate a taxicab or taxicab business in the City without a taxicab
business permit, taxicab drivers permit, and taxicab vehicle permit.
B. Notwithstanding Subsection (A), a taxicab business and its driver may perform
prearranged trips 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."
Section 246: Section 5.17.040 (Driver's Permit Required) of Chapter 5.17
(Taxicabs) of Title 5 of the Code is hereby deleted in its entirety and replaced with
Section 5.17.040 (Taxicab Regulations), to read as set forth in the quotations below:
"5.17.040 Taxicab 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 City's website and available to the
public in the Office of the City Clerk.
B. No person shall operate a taxicab vehicle or taxicab business substantially located
in the City unless in compliance with the administrative regulations adopted by the City
Council pursuant to this section."
Section 247: Section 5.17.050 (Taxicab Vehicle Permit Required) of Chapter
5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.
Section 248: Section 5.17.060 (Taxicab Business Permit Required) of Chapter
5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.
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Page 129 of 470
Section 249: Section 5.17.070 (Application for Permits and Fees) of Chapter
5.17 (Taxicabs) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.17.070 Application for Permits and Fees.
A. Application for a taxicab business permit, taxicab drivers permit, or taxicab vehicle
permit shall be made to the City, upon forms provided by the City, and shall be
accompanied by an application fee sufficient to cover the administrative costs of
processing such application as established by resolution of the City Council.
B. Requirements for issuance and maintenance of a City taxicab business permit,
taxicab drivers permit, and taxicab vehicle permit shall be set forth in the regulations
established by the City Council."
Section 250: Section 5.17.080 (Testing for Controlled Substances and Alcohol)
of Chapter 5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety and
replaced with 5.17.080 (Separate from Business Licensing), to read as set forth in the
quotations below:
"5.17.080 Separate from Business Licensing.
A. The requirements of this chapter are separate and independent from the business
licensing and any other provisions under this Code.
B. A taxicab business that is not substantially located within the City shall not be
required to obtain a City business license."
Section 251: Section 5.17.090 (Insurance Required) of Chapter 5.17 (Taxicabs)
of Title 5 of the Code is hereby deleted in its entirety and replaced with Section 5.17.090
(Agency), to read as set forth in the quotations below:
"5.17.090 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 City."
Section 252: Section 5.17.100 (Nontransferability) of Chapter 5.17 (Taxicabs) of
Title 5 of the Code is hereby deleted in its entirety.
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Page 130 of 470
Section 253: Section 5.17.110 (Equipment) of Chapter 5.17 (Taxicabs) of Title 5
of the Code is hereby deleted in its entirety.
Section 254: Section 5.17.120 (Mechanical Condition) of Chapter 5.17
(Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.
Section 256: Section 5.17.130 (Operational Requirements) of Chapter 5.17
(Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.
Section 257: Section 5.17.140 (Rates and Charges) of Chapter 5.17 (Taxicabs)
of Title 5 of the Code is hereby deleted in its entirety.
Section 258: Section 5.17.150 (Separate from Business Licensing), of Chapter
5.17 (Taxicabs) of Title 5 of the Code is hereby deleted in its entirety.
Section 259: Section 5.20.010 (Pawnbroker Defined) of Chapter 5.20
(Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby
amended to read as follows:
5.20.010 Pawnbroker Defined.
The term "pawnbroker" shall have the same meaning as that term is defined in Cal. Fin.
Code Section 21000.
Section 260: Section 5.20.030 (Secondhand Dealer Defined) of Chapter 5.20
(Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby
amended to read as follows:
5.20.030 Secondhand Dealer Defined.
The term "secondhand dealer" shall have the same meaning as that term is defined and
limited in Cal. Bus. & Prof. Code Sections 21626 and 21626.5. Any person or entity
exempt from being considered a "secondhand dealer" pursuant to Section 21625 et seq.
of the Cal. Bus. & Prof. Code Section 21625 et seq. shall also be exempt from being
considered a "secondhand dealer" by this chapter.
Section 261: Section 5.20.040 (Junk Dealer Defined) of Chapter 5.20
(Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby
amended to read as follows:
Ordinance No. 2023-22
Page 131 of 470
5.20.040 Junk Dealer Defined.
The term "junk dealer" shall have the same meaning as that term is defined in Cal. Bus.
& Prof. Code Section 21601.
Section 262: Subsections (C), (D), (F), (G) and (H) of Section 5.20.050 (Permits)
of Chapter 5.20 (Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the
Code are hereby amended to read as set forth below:
Subsections (C) and (D) of Section 5.20.050 shall read as set forth in the
quotations below:
"C. Investigation. The Chief of Police 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 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."
Subsections (F), (G) and (h) of Section 5.20.050 shall read as set forth in the
quotations below:
"F. Revocation or Refusal. A permit applied for hereunder may be refused by the Chief
of Police if the Chief of Police 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 Police Department, was not
displayed on the premises in plain view of the public; or
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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; 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. Such appeal shall be taken by filing with the City
Manager within fourteen (14) days of the postmark date of the Chief of Police'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 shall set
a time and place for a hearing of such appeal and notice of such hearing shall be
served in the manner provided in Section 1.08.080. The decision of the City Manager on
such appeal shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5.
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 at least five (5) 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."
Section 263: Section 5.20.070 (Reporting of Transactions) of Chapter 5.20
(Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby
amended to read as follows:
"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
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which shall comply with the provisions of Cal. Bus. & Prof. Code Sections 21628,
21628.2, 21630, and 21631.
B. Confidentiality. The Chief of Police shall cause all reports received pursuant to the
terms of subsection (A) of this section to be filed in a secure place, and the same shall
be open to inspection only by members of the Police Department, upon order of a court
of competent jurisdiction, or as otherwise required by law.
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. Bus. & Prof. Code Section 21606 on the form prescribed
by the Department of Justice, including Form BCIA 127, "Record of Junk Sale or
Purchase."
Section 264: Section 5.20.080 (Records Required to Be Kept) of Chapter 5.20
(Pawnbrokers, Secondhand Dealers and Junk Dealers) of Title 5 of the Code is hereby
amended to read as set forth in the quotations below:
"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 three (3) 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. Every junk
dealer shall comply with the records preservation requirements of Cal. Bus. & Prof.
Code Section 21607."
Section 265: The Table of Contents for Chapter 5.25 (Operator License for
Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination
with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is hereby amended
to read as follows:
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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.
Section 266: Section 5.25.010 (License Required) of Chapter 5.25 (Operator
License for Establishments Offering Alcoholic Beverages for On -Site Consumption in
Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is
hereby amended to read as set forth in the quotations below:
"5.25.010 License Required.
No person shall operate, or engage in, any of the following, until that person has first
obtained an operator license pursuant to this chapter:
A. A business or commercial enterprise defined as "bar, lounge, and nightclub" in
Chapter 20.70 of this Code;
B. A business or commercial enterprise 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 Code, or
C. A 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 this Code, or "cafe dance" as defined at Chapter 5.32 of this Code."
Section 267: Section 5.25.020 (Applicability to Existing Businesses and
Enterprises) of Chapter 5.25 (Operator License for Establishments Offering Alcoholic
Beverages for On -Site Consumption in Combination with Late Hours, Entertainment,
Ordinance No. 2023-22
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and/or Dance) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.25.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall not operate to revoke any valid permit or other
approval in effect as of February 24, 2011. 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 Code.
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 Code.
D. As required by an order of judgment in a civil or criminal case brought by the City.
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 Code."
Section 268: Subsections (B) and (C)(2) of Section 5.25.050 (Issuance of
License —Criteria and Findings) of Chapter 5.25 (Operator License for Establishments
Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours,
Entertainment, and/or Dance) of Title 5 of the Code are hereby amended to read as set
forth below:
Subsection (B) of Section 5.25.050 shall read as set forth in the quotations
below:
"B. At least twenty-one (21) 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
Ordinance No. 2023-22
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to the decision of the Chief of Police will be accepted until the date of the decision
indicated on the notice."
Subsection (C)(2) of Section 5.25.050 shall read as set forth in the quotations
below:
"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);„
Section 269: Section 5.25.060 (Notice of Determination) of Chapter 5.25
(Operator License for Establishments Offering Alcoholic Beverages for On -Site
Consumption in Combination with Late Hours, Entertainment, and/or Dance) of Title 5 of
the Code is hereby amended to read as set forth in the quotations below:
"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 served in the manner provided in Section 1.08.080.
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 Clerk within fifteen (15) days of
the service 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 Council 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 Council
may take any of the following actions on the appeal:
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.
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D. The action of the City 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."
Section 270: Section 5.25.100 (Penalty) of Chapter 5.25 (Operator License for
Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination
with Late Hours, Entertainment, and/or Dance) of Title 5 of the Code is hereby deleted
in its entirety.
Section 271: The Table of Contents for Chapter 5.28 (Live Entertainment
Establishments) of Title 5 of the Code is hereby amended to read as follows:
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.
5.28.100
Permits and Fees Not Exclusive.
5.28.110
Public Nuisance.
Section 272: Section 5.28.010 (Definitions) of Chapter 5.28 (Live Entertainment
Establishments) of Title 5 of the Code is hereby amended remove the following
definition:
"City Manager" means the City Manager for the City of Newport Beach or his or her
designee.
Section 273: Subsection (D) of Section 5.28.060 (Revocation of Permit) of
Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code is hereby
amended to read as set forth in the quotations below:
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"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. Pen. Code Section 290, or any violation of Cal.
Pen. Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267,
286, 286.5, 288, 288.1 through 289, 311 through 311.10, inclusive, 314, 315, 316 or
647;"
Section 274: Subsections (B) and (D) of Section 5.28.070 (Appeals and Calls for
Review) of Chapter 5.28 (Live Entertainment Establishments) of Title 5 of the Code are
hereby amended to read as set forth below:
Subsection (B) of Section 5.28.070 shall read as set forth in the quotations
below:
"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, of the notice advising the applicant of the action of the City
Manager and of the applicant's right to appeal such action to the City Council."
Subsection (D) of Section 5.28.070 shall read as set forth in the quotations below:
"D. The City Council 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. The City Council shall preside over a call for review hearing. The City Council
shall render its decision within five (5) days from the date of the hearing or, in the event
that a hearing officer has been appointed, within five (5) 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."
Section 275: Section 5.28.090 (Exceptions) of Chapter 5.28 (Live Entertainment
Establishments) of Title 5 of the Code is hereby deleted in its entirety.
Section 276:The Table of Contents for Chapter 5.32 (Cafe Dances) of Title 5 of
the Code is hereby amended to read as follows:
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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.
5.32.090
Prohibited Dancing.
5.32.100
Exceptions.
5.32.110
Licenses and Fees Not Exclusive.
Section 277: Section 5.32.010 (Definitions) of Chapter 5.32 (Cafe Dances) of
Title 5 of the Code is hereby amended to remove the following definition:
City Manager. The term "City Manager" shall mean the City Manager of the City of
Newport Beach or his authorized representative.
Section 278: Section 5.32.070 (Appeals and Calls for Review) of Chapter 5.32
(Cafe Dances) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"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 the 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 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 the decision of the City
Ordinance No. 2023-22
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Council 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 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 service, in the manner provided in Section
1.08.080, of the notice advising the applicant of the action of the City Manager and of
the right to appeal such action to the City Council."
Section 279 Section 5.32.080 (Review by City Council) of Chapter 5.32 (Cafe
Dances) of Title 5 of the Code is hereby deleted in its entirety.
Section 280: The Table of Contents for Chapter 5.36 (Hotel Registration) of Title
5 of the Code is hereby amended to read as follows:
Chapter 5.36
HOTEL REGISTRATION
Sections:
5.36.010 Registration Required.
5.36.020 Entry of Departure Time —Inspection.
5.36.040 False Registering Prohibited.
Section 281: Section 5.36.010 (Registration Required) of Chapter 5.36 (Hotel
Registration) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.36.010 Registration Required.
Every person operating any bed and breakfast inn, hotel, motel, 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 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. Until all of the aforesaid entries shall be made, no guest or
person shall be suffered or permitted to occupy any such room."
Section 282:Section 5.36.020 (Entry of Departure Time —Inspection) of Chapter
5.36 (Hotel Registration) of Title 5 of the Code is hereby amended to read as set forth in
the quotations below:
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"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. Modifications to the register shall
not be made for any purpose. Such register shall be maintained or accessible in the
office of the person renting such rooms. The register shall be maintained for a minimum
of one (1) year.
Any police officer of the City may inspect the register, as long as such inspection
complies with federal and State law."
Section 283: Section 5.36.030 (Size and Form of Register and Cards —Retention
of Records) of Chapter 5.36 (Hotel Registration) of Title 5 of the Code is hereby deleted
in its entirety.
Section 284: Section 5.36.040 (False Registering Prohibited) of Chapter 5.36
(Hotel Registration) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.36.040 False Registering Prohibited.
No person shall register at any bed and breakfast inn, hotel, motel, recreational vehicle
park or other similar place in the City under the name of any other person or of a false
or fictitious person or any name other than the true or correct name of such person so
registering."
Section 285: The Table of Contents for Chapter 5.42 (Solicitation) of Title 5 of
the Code is hereby amended to read as follows:
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.
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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.
Section 286: Section 5.42.020 (Definitions) of Chapter 5.42 (Solicitation) of Title
5 of the Code is hereby amended to read as follows:
5.42.020 Definitions.
The words and terms used in this chapter shall be defined as follows:
"Applicant" means the person applying to the City Manager for a registration card.
"Commercial solicitation" means solicitation related primarily to an economic
transaction, such as the exchange of goods or services for a financial fee or cost. This
definition shall automatically incorporate court rulings defining the terms "commercial
speech" and "commercial solicitation." This definition shall also include solicitation by
for -profit entities that solicit funds on behalf of nonprofit entities, when such for -profit
entities are paid for solicitation on the nonprofit entity's behalf, or retain any portion of
funds raised on a nonprofit entity's behalf.
"Handbill" means any document or written matter such as a circular, leaflet, or pamphlet
which advertises, promotes or informs of a product, business, service, event,
commercial enterprise or any noncommercial activity, event, organization or purpose.
"Newspaper" means and includes any newspaper of general circulation as defined by
State law, any newspaper duly entered with the Post Office Department of the United
States in accordance with federal statute or regulation, and shall include any periodical
or current magazine regularly published with not less than four issues per month and
sold to the public.
"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
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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.
"Police Department" means the Newport Beach Police Department.
"Public place" means and includes all publicly owned and maintained streets, sidewalks,
alleys, parks, beaches, grounds and buildings.
"Registration card" means the card which authorizes a person to engage in solicitation.
"Residential property" means any dwelling, house, building or other structure designed
or used in whole or in part for residential purposes and shall include any yard, walkway
or driveway appurtenant to the structure.
"Solicit" and "solicitation" means a request for, or offer of, money, services, opinion,
support, information or property.
"Solicitor" means an individual who solicits.
Section 287: Subsection (F) of Section 5.42.030 (Exemptions) of Chapter 5.42
(Solicitation) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"F. Electronic solicitation, direct solicitation through United States mail or conducted
solely by means of radio or television broadcasts;"
Section 288: Section 5.42.040 (Application for Registration Card) of Chapter
5.42 (Solicitation) of Title 5 of the Code is hereby amended to read as set forth in the
quotations:
"A. At least ten (10) days prior to the date the applicant intends to engage in
commercial solicitation, an application for a registration card shall be made to the Police
Department on forms supplied by the City. 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;
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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 that the cardholder is in
compliance with Cal. Gov. Code Section 12599;
4. If the applicant is:
a. An individual, the application shall state the full name, mailing address and
principal business or residential address and telephone number;
b. A partnership, the application shall state the full name, mailing address, and
principal business or residential address and telephone number of each partner.
However, if there are more than ten (10) principal partners, only the ten (10) principal
partners need to be listed;
c. A corporation, the application shall state whether it is organized under the
laws of California or is a foreign corporation and, if a foreign corporation, the place of
incorporation, the full name, mailing address, and principal business or residential
address, the State Corporation or Federal Employer Identification Number, and
telephone number of the individual in charge of the local office of the corporation and of
three principal officers or directors of the corporation;
d. An association, the application shall state mailing address, principal
business or residential address, State Corporation or Federal Employer Identification
Number, and telephone number of the association and the full name, mailing address,
principal business or residential address and telephone number of three principal
members of the association. If the association is part of a multi -state association, the
mailing address and principal business or residential address and telephone number of
its central office shall also be given;
5. The full name, mailing address, principal business or residential address and
telephone number of each individual who will be in charge of supervising the solicitation;
6. The full name of each individual who will be soliciting on behalf of the card
holder;
7. The time during the day when the solicitation will be made and the dates for the
commencement and termination of the solicitation;
8. A general outline of the method or methods to be used in conducting the
solicitation, including the number of solicitors to be used;
9. A statement that the registration card will not be used or represented in any
way as an endorsement by the City or any department, officer, or employee thereof.
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C. If, while the application is pending or during the term of any card granted thereon,
there is any change in fact, policy, or method that would alter the information given in
the application, the applicant shall notify the Police Department in writing within twenty-
four (24) hours after such change."
Section 289: Section 5.42.125 (Residential Properties Displaying "No Soliciting"
Signs —"No Solicitation" List) of Chapter 5.42 (Solicitation) of Title 5 of the Code is
hereby amended to read as set forth in the quotations below:
"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 distribute
handbills or engage in commercial solicitation at or to any dwelling unit that is included
on the City's 'no soliciting' registry."
Section 290: Subsections (B) and (G) of Section 5.42.170 (Time, Place and
Manner of Solicitation —Prohibitions) of Chapter 5.42 (Solicitation) of Title 5 of the Code
are hereby amended to read as provided below:
Subsection (8) of Section 5.42.170 shall read as set forth in the quotations
below:
"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);"
Subsection (G) of Section 5.42.170 shall read as set forth in the quotations
below:
"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;
2. Inside a public transportation vehicle or public facility;
3. Within fifty (50) feet of any automated teller machine;
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4. 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
5. A queue of five (5) or more persons waiting to gain admission to a place or
vehicle, or waiting to purchase an item or admission ticket;"
Section 291: Section 5.42.180 (Violations) of Chapter 5.42 (Solicitation) of Title 5
of the Code is hereby deleted in its entirety.
Section 292: Section 5.43.010 (Definitions) of Chapter 5.43 (State Video
Franchises) of Title 5 of the Code is hereby amended to read as follows:
5.43.010 Definitions.
A. For the purposes of this chapter, the following words, terms, phrases, and their
derivations have the meanings given herein. Terms defined in the Digital Infrastructure
and Video Competition Act of 2006 shall have the same meanings herein unless
expressly defined otherwise. When not inconsistent with the context, words used in the
present tense include the future tense, and words in the singular number include the
plural number.
"Gross Revenue" shall have the definition set forth in Section 5860 of the Cal. Pub. Util.
Code.
"PEG" means Public, Educational and Government.
"PUC" means the California Public Utilities Commission.
"State Franchise(s)" means a franchise that is issued pursuant to the Digital
Infrastructure and Video Competition Act of 2006.
"State Franchisee(s)" means any holder of a State Franchise.
B. Words, terms, or phrases not defined herein shall first have the meaning as
defined in Digital Infrastructure and Video Competition Act of 2006 and then special
meanings or connotations used in any industry, business, trade, or profession where
they commonly carry special meanings. If those special meanings are not common,
they will have the standard definitions as set forth in commonly used and accepted
dictionaries of the English language.
Section 293: Section 5.43.030 (State Video Franchise Fees) of Chapter 5.43
(State Video Franchises) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
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"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) percent 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
Code Section 5.43.030(B) is hereby reauthorized to the extent required by Cal. Pub.
Util. 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."'
Section 294: Subsections (B) and (C) of Section 5.43.050 (Customer Service,
Penalties Under State Franchises) of Chapter 5.43 (State Video Franchises) of Title 5 of
the Code are hereby amended to read as set forth in the quotations below:
"B. The City Manager shall monitor the compliance of State Franchisee(s) with respect
to State and federal customer service and protection standards. The City Manager 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) day; time period shall be subject to the following
penalties by the City Manager.
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
Ordinance No. 2023-22
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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 City but subject
to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 295: Subsection (A) of Section 5.44.020 (Definitions) of Chapter 5.44
(Cable Communications Franchises) of Title 5 of the Code is hereby amended to read
as follows:
5.44.020 Definitions.
A. For the purposes of this chapter, the following words, terms, phrases, and their
derivations have the meanings given herein. Terms defined in the Cable Act shall have
the same meanings herein unless expressly defined otherwise. When not inconsistent
with the context, words used in the present tense include the future tense, and words in
the singular number include the plural number.
"Affiliated person" or "affiliates" means each person who falls into one or more of the
following categories: (i) each person having, directly or indirectly, a controlling interest in
company; (ii) each person in which company has, directly or indirectly, a controlling
interest; (iii) each officer, director, general partner, limited partner holding an interest of
five percent or more in a joint venture, or joint venture partner in company's cable
system in the City; and (iv) each person, directly or indirectly, controlling, controlled by,
or under common control with company; provided that "affiliated person" excludes the
City, any limited partner holding an interest of less than five percent in a company, or
any creditor of company, solely by virtue of its status as a creditor, and which is not
otherwise an affiliated person by reason of owning a controlling interest in, being owned
by, or being under common ownership, common management, or common control with
company.
"Basic service" or "basic cable service" or "basic service tier" means the lowest service
tier which includes the retransmission of local television broadcast signals and public,
educational, and governmental access channels.
"Broadcast signal" means a signal transmitted over the air to a geographically dispersed
public audience and received by a cable system.
1984 Cable Act" means the Cable Communications Policy Act of 1984.
"1992 Cable Act" means the Cable Television Subscriber Protection and Competition
Act of 1992.
"Cable Act" means the Cable Communications Policy Act of 1984, as amended by the
Cable Television Subscriber Protection and Competition Act of 1992 and by the
Telecommunications Act of 1996.
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"Cable operator" means any person or group of persons (i) who provides cable service
over a cable system in the City and, directly or through one or more affiliates, owns a
significant interest in that cable system; or (ii) who otherwise controls or is responsible
for, through any arrangement, the management and operation of a cable system in the
City.
"Cable Review Board" means an entity formed by resolution of the City that reviews and
hears issues relating to cable service, a cable franchise, or a company's operations and
maintenance of cable services.
"Cable service" or "service" means (i) the one-way transmission to subscribers of video
programming or other programming service; and (ii) subscriber interaction which is
required for the selection of or use of video programming or other programming service.
"Cable system" or "cable communications system" or "system" means a facility,
consisting of a set of closed transmission paths and associated signal generation
reception, and control equipment that is designed to provide cable service, which
includes video programming, and which is provided to multiple subscribers within the
City; but this term does not include: (i) a facility that serves only to retransmit the
television signals of one or more television broadcast stations; (ii) a facility that serves
subscribers without using any public right-of-way; (iii) a facility of a common carrier
which is subject, in whole or in part, to the provisions of Title II of the Communications
Act of 1934 (47 U.S.C. § 201 et seq.), except that the facility shall be considered a cable
system (other than for purposes of section 621(c) of the Cable Act) to the extent the
facility is used in the transmission of video programming directly to subscribers, unless
the extent of the use is solely to provide interactive on -demand services; (iv) an open
video system that complies with section 653 of the Cable Act; or (v) any facilities of any
electric utility used solely for operating its electric utility systems.
"Channel" means a portion of the electromagnetic frequency spectrum which is used in
a cable system and which is capable of delivering a television channel (as television
channel is defined by the FCC by regulation).
"Company" means the person granted a franchise to install, operate, maintain, or
reconstruct a cable system and the lawful successors, transferees, or assignees of that
person.
"Company manager" means an employee of the company who is designed by the
company in writing to the City to be the contact person for company in accordance with
the provisions of this chapter.
"Complaint" means a dispute in which a subscriber notifies company of an outage or
degradation in picture quality, billing or other issue pertaining to the subscriber's cable
service which is not corrected during the initial telephone or service call.
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"Control" or "controlling interest" means actual working control in whatever manner
exercised, including, without limitation, working control through ownership,
management, debt instruments, or negative control, as the case may be, of the cable
system or a company. A rebuttable presumption of the existence of control or a
controlling interest shall arise from the beneficial ownership, directly or indirectly, by any
person or group of persons acting in concert (other than underwriters during the period
in which they are offering securities to the public) of twenty-five (25) percent or more of
any person (which person or group of persons is referred to as "controlling person"), or
being a party to a management contract to manage the system, or any material portion
thereof, in lieu of the company.
"Converter" or "terminal" means a device located at a subscriber's premises that
converts signals from one frequency to another or otherwise processes signals for use
by subscribers.
"Director" means the Director of the City's Department of Public Works.
"Drop" means the cable connecting the cable system's plant to equipment at the
subscriber's premises.
"Facilities" or "facility" shall have the same meaning in this chapter as these terms have
in Chapter 13.20 of this Code.
"FCC" means the Federal Communications Commission or its designated
representatives.
"Franchise" means a written legal undertaking or action of the City which authorizes a
specific person to use the City's streets and public ways for the purpose of installing,
operating, maintaining, or reconstructing a cable system to provide cable service.
"Gross annual revenue" or "gross annual receipts" or "gross receipts" means all
revenue, as determined in accordance with Generally Accepted Accounting Principles,
which is received, directly or indirectly, by the company and by each affiliated person
from or in connection with the distribution of any cable service, and any other service
which may, under now or then applicable federal law, be included in the Cable Act
definition for the purpose of calculating and collecting the maximum allowable franchise
fee for operation of the system, whether or not authorized by any franchise, including,
without limitation, leased or access channel revenues and programming fees of any
kind, received, directly or indirectly, from or in connection with the distribution of any
cable service. It is intended that all revenue collected by the company, and by each
affiliated person, from the provision of cable service over the system, whether or not
authorized by the franchise, be included in this definition. Gross annual revenue also
specifically includes: (i) the fair market value of any non -monetary (i.e., barter)
transactions between company and any person, other than an affiliated person, but not
less than the customary prices paid in connection with equivalent transactions; (ii) the
Ordinance No. 2023-22
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fair market value of any non -monetary (i.e., barter) transaction between company and
any affiliated persons, but not less than the customary prices paid in connection with
equivalent transactions conducted with persons who are not affiliated persons; (iii) any
revenues generated from the provision of internet services and/or broadband services
which utilize the cable system for delivery and must not be excluded pursuant to
applicable law; and (iv) any revenue received, as reasonably determined from time to
time by the City, through any means which is intended to have the effect of avoiding the
payment of compensation that would otherwise be paid to the City for the franchise
granted. Gross annual revenue also includes any bad debts recovered. Gross annual
revenue also includes all one hundred (100) percent advertising revenue (without
exclusions for any commissions, fees, or other costs incurred in securing the revenue)
which is received directly or indirectly by the company, any affiliated person, or any
other person from or in connection with the distribution of any service over the system
or the provision of any service -related activity in connection with the system, or
allocable thereto based upon subscriber counts. Gross annual revenue does not
include: (i) the revenue of any person to the extent that the revenue is also included in
the gross annual revenue of the company; (ii) taxes imposed by law on subscribers
which the company is obligated to collect; and (iii) amounts which must be excluded
pursuant to applicable law.
"Pay cable," "pay service," "premium -service" or "pay television" means programming
choices (such as movie channels, pay -per -view, video on demand) offered to
subscribers on a per -channel, per -program or per -event basis.
"PEG channel" means collectively, the channel capacity dedicated to noncommercial
public, education or government access programming.
"Plant" means the transmitting medium and related equipment which transmits signals
between the headend and subscribers, including drops.
"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 this Code.
"Residential dwelling unit" or "dwelling unit" means a home, mobile home, condominium,
apartment, cooperative unit, and any other individual dwelling unit.
"Service area" or "franchise service area" means the entirety of the City of Newport
Beach, or as further defined in the franchise.
"Service interruption" means the loss of picture or sound on one or more cable
channels.
"Service tier" or "tier" means a category of cable service or other services provided by a
cable operator and for which a separate rate is charged by the cable operator, other
Ordinance No. 2023-22
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than per channel or per event programming or legitimate packages of per channel or
per event programming.
"Subscriber" means any resident, business, or other person that lawfully subscribes to
and receives, a cable service provided by the company by means of or in connection
with its cable system.
"Telecommunications Act" means the Telecommunications Act of 1996.
"Territory" shall mean land within the City's boundaries at the time of this chapter's
adoption and, if later annexed or reorganized into the City's boundaries, land added to
the City at the time of annexation or reorganization.
"Unit" means a discrete place where system services are used, such as a residence,
apartment, office, store, etc.
Section 296: Subsection (H) Section 5.44.030 (Grant of Franchise) of Chapter
5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"H. Use of Public Rights -of -Way. Pursuant to Chapter 13.20 of this 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."
Section 297: Subsection (G)(4) of Section 5.44.070 (Services) of Chapter 5.44
(Cable Communications Franchises) of Title 5 of the Code is hereby amended to read
as set forth in the quotations below:
"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 (9) 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."
Section 298: Section 5.44.080 (Design and Construction of System) of Chapter
5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"5.44.080 Design and Construction of System.
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The system shall be designed and constructed in accordance with the provisions of
Chapter 13.20 of this Code and the franchise. Construction components and techniques
shall be in accordance with Chapter 13.20, the franchise and all applicable law."
Section 299: Subsection (1-1)(4) of Section 5.44.090 (Operations and
Maintenance) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of the
Code is hereby amended to read as set forth in the quotations below:
'A. When applicable, if the company cannot perform standard installations within nine
(9) 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 (9) days or to provide the credit for late
installations shall be grounds for franchise revocation or other enforcement actions."
Section 300: Subsections (A)(2)(j) and (B)(6) of Section 5.44.110 (Termination
and Related Rights) of Chapter 5.44 (Cable Communications Franchises) of Title 5 of
the Code are hereby amended to read as provided below:
Subsection (A)(2)6) of Section 5.44.110 shall read as set forth in the quotations
below:
"j. Substantial failure to comply with the privacy rights of subscribers as provided in
this chapter, any franchise, Cable Act Section 631 or Cal. Pen. Code Section 637.5;"
Subsection (B)(6) of Section 5.44.110 shall read as set forth in the quotations
below:
"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
this Code."
Section 301: Section 5.44.135 (Indemnity and Liability Insurance) of Chapter
5.44 (Cable Communications Franchises) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"5.44.135 Indemnity and Liability Insurance.
A. As a condition of approval, Company shall agree to indemnify, defend and hold the
City harmless as required by the City Attorney.
B. Every company subject to this chapter shall procure insurance which types and
amounts shall be determined by the Risk Manager."
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Section 302: Section 5.44.140 (Miscellaneous Provisions) of Chapter 5.44
(Cable Communications Franchises) of Title 5 of the Code is hereby amended to read
as set forth in the quotations below:
"5.44.140 Miscellaneous Provisions.
A. Captions. The section, subsection, paragraph, and subparagraph numbers and
letters, and the captions throughout this chapter, are intended to facilitate reading and
reference. The numbers, letters, and captions shall not affect the meaning or
interpretation of any part of this chapter.
B. Franchise References. A franchise which cites, refers to, or otherwise incorporates
this chapter, or portions thereof, shall be deemed to be a franchise issued under and
subject to this chapter.
C. Filing. When not otherwise specified in this chapter, all documents required to be
filed with City shall be filed with the City's representative as designated by City.
D. Non -Enforcement by the City. A company shall not be excused from complying
with any of the requirements of this chapter, and of its franchise, and all laws and
regulations, or any subsequently adopted amendments to this chapter, by any failure of
the City on any one or more occasions to seek, or insist upon, compliance with the
requirements or provisions of the chapter or franchise.
E. Continuity of Service. It is the right of all subscribers to receive cable services so
long as their financial and other obligations to a company are honored. In the event that
a company elects to rebuild, modify, or sell the system, a company shall use due
diligence and reasonable care to ensure that all subscribers receive continuous,
uninterrupted service. In the event of a transfer of the system by company, the current
company shall cooperate with the City or new company to operate the system for a
temporary period, in order to maintain continuity of service to all subscribers. In the
event that company, through its own fault, discontinues system -wide service for
seventy-two (72) continuous hours, and company is in material default of its franchise,
or if the franchise is revoked by City (but not if City fails to renew the franchise), City
may, by resolution, when it deems reasonable cause to exist, assume operation of the
system for the purpose of maintaining continuity of service. City's operation of the
system may continue until the circumstances which, in the judgment of the City,
threaten the continuity of service are resolved to City's satisfaction. City shall be entitled
to the revenues for any period during which it operates the system.
F. Operation by City. During any period when the system is being operated by City
pursuant to subsection E above, City shall, as it may deem necessary, make any
changes in any aspect of operations that, in City's sole judgment, are required for the
preservation of quality of service and service continuity.
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G. Management by City. City may, upon assuming operation of a system franchised
hereunder, appoint a manager to act for it in conducting the system's affairs. The
manager shall have the authority as may be delegated by City and shall be solely
responsible to City for management of the system. Company shall reimburse City for all
its reasonable costs, in excess of system revenues, incurred during City's operation if
the franchise is in full force and effect during the period of City's operation.
H. Notices. All notices and other communications to company and to City shall be set
forth in the franchise.
I. Force Majeure—Company's Inability to Perform. In the event company's
performance of any of the terms, conditions, obligations, or requirements of this chapter,
or any franchise granted hereunder, is prevented or impaired due to any cause beyond
its reasonable control and not reasonably foreseeable, the inability to perform shall be
deemed to be excused, and no penalties or sanctions shall be imposed as a result. The
causes beyond company's reasonable control and not reasonably foreseeable shall
include, but not be limited to, any acts of God, civil emergencies, labor unrest, strikes,
utility interruptions, inability to obtain access to an individual's property on reasonable
terms, and any inability of a company to secure all required authorizations or permits to
utilize necessary poles or conduits, so long as company uses due diligence to timely
obtain the authorization or permits.
J. Application. All of the provisions of this chapter shall be applicable to all cable
operators, cable systems, OVS operators and OVS systems to the greatest extent
permissible under applicable law.
K. Possessory Interest. By accepting any PROW Permit granted pursuant to this
chapter, company acknowledges that notice is and was given to company pursuant to
Cal. Rev. & 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."
Section 303: Section 5.46.020 (Exceptions) of Chapter 5.46 (Regulation of
Commercial Film Production) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
"5.46.020 Exceptions.
The provisions of this chapter shall not apply to:
A. Amateur photographers;
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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."
Section 304: Section 5.46.060 (Appeal or Call for Review) of Chapter 5.46
(Regulation of Commercial Film Production) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"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) days 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 (5) days 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 (5) days 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."
Section 305: Section 5.46.080 (Bond and Insurance) of Chapter 5.46 (Regulation
of Commercial Film Production) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
"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."
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Section 306: Section 5.48.010 (Intent) of Chapter 5.48 (Direct Alarm Monitoring
System) of Title 5 of the Code is hereby amended to read as set forth in the quotations
below:
"5.48.010 Intent.
Direct alarm monitoring is a service operated by the Police Department that is provided
to benefit the citizens of the City. 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."
Section 306: Section 5.48.020 (Definitions) of Chapter 5.48 (Direct Alarm
Monitoring System) of Title 5 of the Code is hereby amended to read as follows:
5.48.020 Definitions.
"Department" means the Newport Beach Police Department or the Newport Beach Fire
Department as the case may be.
"False alarm" means the activation of an alarm system through mechanical failure,
accident, misoperation, malfunction, misuse, or the negligence of either the owner or
lessee of the alarm system or any of their employees or agents. A Police false alarm
shall be deemed to have occurred after an alarm dispatch request is received and the
responding officer finds no evidence of a criminal offense or attempted criminal offense
at the alarm site, but does not include an alarm dispatch which is cancelled by the alarm
user or permittee prior to the time the responding officer reaches the site.
"Direct alarm monitoring" and "direct alarm monitoring system(s)" means any
mechanism, equipment or device which is designed to operate automatically through
the use of a landline or cellular line to transmit a signal, message or warning to another
location.
Section 308: Section 5.48.030 (Permit Required) of Chapter 5.48 (Direct Alarm
Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.48.030 Permit Required.
No person shall operate or maintain a direct 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."
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Section 309: Section 5.48.040 (Additional Requirements) of Chapter 5.48
(Direct Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as
set forth in the quotations below:
"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 direct alarm monitoring system 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 alarm 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."
Section 310: Section 5.48.050 (Right of Inspection) of Chapter 5.48 (Direct
Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
"5.48.050 Right of Inspection.
The Chief of the concerned Department shall have the right to inspect any direct 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."
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Section 311: Section 5.48.060 (Restricted Numbers) of Chapter 5.48 (Direct
Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
"5.48.060 Restricted Numbers.
No person shall install, operate or maintain a direct 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."
Section 312: Section 5.48.065 (Notification of Change) of Chapter 5.48 (Direct
Alarm Monitoring System) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
"5.48.065 Notification of Change.
Direct alarm monitoring system permits are not transferable. Permittees shall notify
Police Chief within five (5) 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."
Section 313: Section 5.48.070 (Revocation) of Chapter 5.48 (Direct Alarm
Monitoring System) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.48.070 Revocation.
Any permit issued for a direct 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."
Section 314: Section 5.48.085 (Signs) of Chapter 5.48 (Direct Alarm Monitoring
System) of Title 5 of the Code is hereby amended to read as set forth in the quotations
below:
"5.48.085 Signs.
Permittees shall not display any sign indicating the direct 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
Ordinance No. 2023-22
Page 160 of 470
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."
Section 315:The Table of Contents for Chapter 5.49 (Robbery Alarm Systems)
of Title 5 of the Code is hereby amended to read as follows:
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.
* Prior ordinance history: Ords. 1661 and 1704.
Section 316: Section 5.49.010 (Definitions) of Chapter 5.49 (Burglary —Robbery
Alarm Systems) of Title 5 of the Code is hereby amended to remove the following
definitions:
"City" means the City of Newport Beach.
"Day" means a calendar day.
"Person" means a person, firm, corporation, association, partnership, individual,
organization or company.
Section 317: Section 5.49.030 (Application for Permit) of Chapter 5.49
(Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read
as set forth in the quotations below:
"5.49.030 Application for Permit.
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Page 161 of 470
Application for an alarm permit shall be filed with the Chief of Police 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 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 and shall be nontransferable."
Section 318: Section 5.49.040 (Application for Alarm Permit —Investigation) of
Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby
amended to read as set forth in the quotations below:
"5.49.040 Application for Alarm Permit —Investigation.
Upon receiving an application from any person for an alarm permit, the Chief of Police
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 shall cause a permit to be issued."
Section 319: Section 5.49.050 (Revocation of Permits) of Chapter 5.49
(Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read
as set forth in the quotations below:
"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
of 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
(6) months after the permit is revoked, unless waived for good cause by the Chief of
Police."
Section 320: Section 5.49.060 (Notice of Appeal) of Chapter 5.49 (Burglary —
Robbery Alarm Systems) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
"5.49.060 Notice of Appeal.
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Page 162 of 470
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
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 may affirm, overrule or modify the decision of the Chief of Police
and the City Manager's decision shall be final as to the City but subject to judicial review
pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 321: Section 5.49.130 (Application of Chapter) of Chapter 5.49
(Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby deleted in its
entirety.
Section 322:The Table of Contents for Chapter 5.50 (Massage Establishments)
of Chapter 5.49 (Burglary —Robbery Alarm Systems) of Title 5 of the Code is hereby
amended to read as follows:
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.
Section 323: Subsection (A) of Section 5.50.005 (Findings and Purpose) of
Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"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
Ordinance No. 2023-22
Page 163 of 470
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.& Prof. 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."
Section 324: Section 5.50.010 (Definitions) of Chapter 5.50 (Massage
Establishments) of Title 5 of the Code is hereby amended to read as follows:
5.50.010 Definitions.
Unless the context of the particular provision otherwise requires, the definitions and
provisions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
"Approved school of massage" means any school or institution of learning that is
recognized as an "approved school" pursuant to the Cal Bus. & Prof. Code Division 2,
Chapter 10.5.
"California Massage Therapy Council" means the massage therapy organization formed
pursuant to Cal. Bus. & Prof. Code Section 4600 et seq. and referred to as CAMTC
herein.
"Certified massage business" means any business where the only persons employed or
used by that business to provide massage services have current and valid State
Certifications.
"Certified massage technician" means any person holding a current and valid State
Certificate issued by the CAMTC pursuant to Cal. Bus. & Prof. Section 4600 et seq.,
whether as a massage practitioner or massage therapist, as defined therein.
"Certified sole proprietorship" means any massage business where the owner is the
only person employed or used by that business to provide massage services and the
owner has a current and valid unconditional State Certification.
"Conviction" or "convicted" means a plea or verdict of guilty or a conviction following a
plea of nolo contendere.
"Customer area" means areas open to customers of the establishment.
Ordinance No. 2023-22
Page 164 of 470
"Manager" means the person(s) designated by the operator of the massage
establishment to act as the representative and agent of the operator in managing day-
to-day operations with the same liabilities and responsibilities. Evidence of management
includes, but is not limited to, evidence that the individual has power to direct or hire and
dismiss employees, control hours of operation, create policy or rules or purchase
supplies. A manager may also be an owner.
"Massage" means any method of treating the external parts of the body for remedial,
hygienic, relaxation or any other reason or purpose, whether by means of pressure on,
friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other
manner of touching external parts of the body with the hands, or with the aid of any
mechanical or electrical apparatus or appliance with or without supplementary aids such
as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar
preparations commonly used in this practice.
"Massage establishment" means any business at a fixed location where massage is
performed for compensation, excluding those locations where massage is only provided
on an out -call basis.
"Operator" or "owner" means any and all owners of a massage establishment that are
responsible for its day-to-day operations including any of the following persons: the
managing responsible officer/employee, a general partner, a limited partner, a
shareholder, a sole proprietor, or any person who has a five (5) percent or greater
ownership interest in a massage establishment whether as an individual, corporate
entity, limited partner, shareholder or sole proprietor.
"Operator's permit" means a permit issued by the Police Department upon submission
of satisfactory evidence as required that a massage business or sole proprietorship
employs or uses only certified massage therapists or practitioners possessing valid and
current State Certifications and has satisfied all other requirements pursuant to the
provisions of this chapter.
"Police Department" means the Police Department of the City.
"State Certification" or "State Certificate" means a valid and current certification properly
issued by CAMTC pursuant to Cal. Bus. & Prof. Code Section 4600 et seq.
For purposes of this chapter the term "employee" shall include independent contractors.
Section 325: Section 5.50.020 (Application for Operator's Permit) of Chapter
5.50 (Massage Establishments) of Title 5 of the Code is hereby amended to add
subsection (A)(12) and amend subsection (B)(7) to read as set forth below:
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Page 165 of 470
Subsection (A)(12) of Section 5.50.020 shall read as set forth in the quotations
below:
"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 contiguous parcel owned by
the same person, for twenty-four (24) months from the date the massage establishment
ceases operating."
Subsection (13)(7) of Section 5.50.020 shall read as set forth in the quotations
below:
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. Pen. 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;
d. Convictions of crimes designated in Cal. Gov. 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. Code Sections 11225 through 11235
(red light abatement law);
f. Convictions 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 referenced offenses of
this subsection;
g. Convictions for conspiracy or attempt to commit any such offense described in
subsections (13)(7)(a) through (f) of this section."
Section 326: Subsections (A)(5), (13)(5) and (B)(7) are amended and subsection
(A)(6) is added to Section 5.50.025 (Operator's Permit Issuance and Denial) of Chapter
5.50 (Massage Establishments) of Title 5 of the Code to read as set forth below:
Ordinance No. 2023-22
Page 166 of 470
Subsection (A)(5) of Section 5.50.025 shall read as set forth in the quotations
below:
"5. That the background check for any applicant/owner, if authorized by this chapter,
shows that such person:
a. Has not been required to register under the provisions of Cal. Pen. Code
Section 290;
b. Has not had a conviction in a court of competent jurisdiction within eight years
preceding the application for any of the crimes identified in Section 5.50.020(B)(7);
c. Has not had an individual or business permit or license with any agency, board,
city, county, territory, or state denied, revoked, restricted, or suspended within the last
eight years; and
d. Has not been subject to an injunction for nuisance under Cal. Pen. Code
Sections 11225 through 11235 within the last eight (8) years."
Subsection (A)(6) of Section 5.50.025 shall read as set forth in the quotations
below:
"6. 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."
Subsection (8)(5) of Section 5.50.025 shall read as set forth in the quotations
below:
"5. The applicant was convicted of or pled guilty or no contest to a violation of Cal.
Pen. Code Section 415 as a result of an arrest for violation of Cal. Pen. Code Section
647(b);"
Subsection (8)(7) of Section 5.50.025 shall read as set forth in the quotations
below:
7. 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. Code Sections 11225 through 11235, or Cal. Health & Saf. Code
Section 11570 et seq., or equivalent offenses under the laws of another jurisdiction."
Ordinance No. 2023-22
Page 167 of 470
Section 327: Subsection (B)(11) of Section 5.50.030 (Requirements of
Operation) of Chapter 5.50 (Massage Establishments) of Title 5 of the Code is hereby
amended to read as set forth in the quotations below:
11. 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 Cal. Pen. Code Section 314."
Section 328: Subsections (A)(4) and (E) of Section 5.50.055 (Suspension,
Revocation, Denial and Appeal) of Chapter 5.50 (Massage Establishments) of Title 5 of
the Code are hereby amended to read as set forth below:
Subsection (A)(4) of Section 5.50.055 shall read as set forth in the quotations
below:
"4. Violations of this chapter or of Cal. Bus. & Prof. 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"
Subsection (E) of Section 5.50.055 shall read as set forth in the quotations below:
"E. Appeal.
1. The right to appeal to the City Manager shall terminate upon the expiration of
fifteen (15) days from the date of service of the notice as provided in Section 1.08.080.
The notice of appeal is to be sent to the Police Department.
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. If no appeal is
filed, the suspension or revocation shall become effective upon expiration of the period
for filing appeals.
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 a 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
Ordinance No. 2023-22
Page 168 of 470
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.
5. The following rules of evidence shall apply:
a. Oral evidence shall be taken only under oath or affirmation. The hearing
officer shall have authority to administer oaths, and to receive and rule on admissibility
of evidence.
b. Each party shall have the right to call and examine witnesses, to introduce
exhibits, and to cross-examine opposing witnesses who have testified under direct
examination. The hearing officer may call and examine any witness.
c. Technical rules relating to evidence and witnesses shall not apply to
hearings provided for in this chapter. Any relevant evidence may be admitted if it is
material and is evidence customarily relied upon by responsible persons in the conduct
of their affairs regardless of the existence of any common law or statutory rule which
might make admission of such evidence improper over objection in civil actions.
Hearsay testimony may be admissible and used for the purpose of supplementing or
explaining any evidence given in direct examination, but shall not be sufficient in itself to
support a finding unless such testimony would be admissible over objection in civil
actions. The rules of privilege shall be applicable to the extent they are now, or are
hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious
testimony shall be excluded.
6. No permit granted herein shall confer any vested right to any person or
business for more than the permit period."
Section 329: Section 5.50.065 (Violation and Penalty) of Chapter 5.50 (Massage
Establishments) of Title 5 of the Code is hereby deleted in its entirety.
Section 330: Section 5.50.070 (Severability) of Chapter 5.50 (Massage
Establishments) of Title 5 of the Code is hereby deleted in its entirety.
Section 331: Section 5.60.020 (Fees Established —Resolution) of Chapter 5.60
(Paramedic Service User Fee) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
"5.60.020 Fees Established —Resolution.
Ordinance No. 2023-22
Page 169 of 470
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 may waive all or part of the paramedic user fees referenced in this chapter."
Section 332:The Table of Contents for Chapter 5.70 (Newspaper Racks and
Stands) of Title 5 of the Code is hereby amended to read as follows:
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.
*Prior ordinance history: 1684, 83-14, 86-18 and 86-29.
Section 333: Subsection (C) of Section 5.70.015 (Definitions) of Chapter 5.70
(Newspaper Racks and Stands) of Title 5 of the Code is hereby deleted in its entirety.
Section 334: Subsection (B) of Section 5.70.020 (Newsrack Permits) of Chapter
5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read
as set forth in the quotations below:
"B. Application. A written application for a newsrack permit shall be filed with the City
Manager 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.
Ordinance No. 2023-22
Page 170 of 470
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."
Section 335: Subsections (G) and (H) of Section 5.70.025 (Requirements and
Duties) of Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code are
hereby amended to read as set forth in the quotations below:
"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 Risk Manager 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 Code, Business Licenses and Regulations, Section 5.04.020."
Section 336: Subsection (C) of Section 5.70.030 (Special Requirements for
Newsracks Along Marine Avenue on Balboa Island) of Chapter 5.70 (Newspaper Racks
and Stands) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"C. Newsracks proposed to be placed at any one location that violate the provisions of
Section 5.70.020(E) or 5.70.030(A), (B), shall be given priority on a first -come, first -
served basis."
Section 337: Subsection (A) of Section 5.70.040 (Display of Harmful Matter) of
Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby amended
to read as follows:
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 313. 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.
Section 338: Section 5.70.050 (Removal of Newsracks) of Chapter 5.70
(Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
"5.70.050 Removal of Newsracks.
Ordinance No. 2023-22
Page 171 of 470
A. If the City Manager determines that a newsrack does not comply with the
provisions of this chapter or is abandoned, the City Manager shall serve 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 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 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.
B. 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
served on permittee or owner in the manner provided in Section 1.08.080.
C. 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 any 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 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."
Section 339: Section 5.70.055 (Appeals and Calls for Review) of Chapter 5.70
(Newspaper Racks and Stands) of Title 5 of the Code is hereby amended to as set forth
in the quotations below:
Ordinance No. 2023-22
Page 172 of 470
"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
1.08.080. 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 1.08.080. 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."
Section 340: Section 5.70.060 (Severability; Supplemental Provisions) of
Chapter 5.70 (Newspaper Racks and Stands) of Title 5 of the Code is hereby deleted in
its entirety.
Section 341:The Table of Contents for Chapter 5.80 (Retail Sales of Firearms)
of Title 5 of the Code is hereby amended to read as follows:
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.
Section 342: Section 5.80.010 (Duly Constituted Licensing Authority) of Chapter
5.80 (Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
"5.80.010 Duly Constituted Licensing Authority.
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The City Manager 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."
Section 343: Section 5.80.020 (Definitions) of Chapter 5.80 (Retail Sales of
Firearms) of Title 5 of the Code is hereby amended to read as follows:
5.80.020 Definitions.
The term "firearms" shall mean the same as that term is defined in Cal. Pen. Code
Section 16520.
Section 344: Section 5.80.030 (License Required) of Chapter 5.80 (Retail Sales
of Firearms) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"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 Cal. Pen. 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."
Section 345: Section 5.80.050 (Revocation or Denial of License) of Chapter 5.80
(Retail Sales of Firearms) of Title 5 of the Code is hereby amended to read as set forth
in the quotations below:
"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 Cal. Pen. Code.
B. The applicant or license holder has failed to comply with applicable provisions of
this Code.
C. The applicant or license holder has failed to comply with applicable federal
firearms laws and regulations.
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.
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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
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
service of the notice of intent to suspend or revoke or refuse to renew the license in the
manner provided in Section 1.08.080.
The City Council 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, 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."
Section 346: Section 5.80.060 (Severability) of Chapter 5.80 (Retail Sales of
Firearms) of Title 5 of the Code is hereby deleted in its entirety.
Section 347: The Table of Contents for Chapter 5.90 (Escort Services) of Title 5
of the Code is hereby amended to read as follows:
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.
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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.
Section 348: Section 5.90.010 (Definitions) of Chapter 5.90 (Escort Service) of
Title 5 of the Code is hereby amended to read as set forth in the quotations below:
"5.90.010 Definitions.
For the purpose of this chapter, the following words and phrases shall mean and
include:
A. Employee: Any and all persons who work in or about or render any services
whatsoever to the patrons or customers of an escort service.
B. 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. Welf. & Inst. Code Section 9018., when such services are
provided as part of a social welfare and health program for such older persons.
D. 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."
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Section 349: Subsections (A)(1), (A)(2) and (13)(6) of Section 5.90.025 (Escort
Service Permit Issuance and Denial) Chapter 5.90 (Escort Service) of Title 5 of the
Code are hereby amended to read as set forth below:
Subsections (A)(1) and (A)(2) of Section 5.90.025 shall read as set forth in the
quotations below:
1. Any person that will be directly engaged or employed in the escort service has
been convicted of a violation of Cal. Health & Saf. Code Section 11550 or a violation of
Cal Pen. 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. Code Section 290.
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 & 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 & Saf.
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."
Subsection (8)(6) of Section 5.90.025 shall read as set forth in the quotations
below:
"6. The escort service shall comply with all provisions of this chapter and the
applicable provisions of this Code."
Section 350: Subsection (13)(2)(e) of Section 5.90.035 (Application for Employee
Permit) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"e. Two front -faced portrait photos at least two (2) inches by (2) two inches in size
taken by the City Manager or Chief of Police; and"
Section 351: Subsection (A) of Section 5.90.040 (Employee Permit Issuance and
Denial) of Chapter 5.90 (Escort Service) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"A. Upon receipt of a written application for a permit, the Chief of Police shall conduct
an investigation in such manner as Chief of Police deems appropriate 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 with the City Manager. Said forty-five (45) day period
may be continued for an additional thirty (30) days if necessitated by the occurrence of
Ordinance No. 2023-22
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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 & Saf. Code
Section 11550 or a violation of Cal. Pen. 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 punished as one or more of the above -
mentioned offenses or that the applicant is required to register under the provisions of
Cal. Pen. Code Section 290.
2. The applicant has been convicted of any offense involving the sale of a
controlled substance specified in Cal. Health & 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 & Saf. 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."
Section 352: Section 5.90.055 (Existing Escort Services) of Chapter 5.90 (Escort
Service) of Title 5 of the Code is hereby deleted in its entirety.
Section 353: Section 5.90.150 (Severability) of Chapter 5.90 (Escort Service) of
Title 5 of the Code is hereby deleted in its entirety.
Section 354: The Table of Contents for Chapter 5.96 (Adult Oriented Business)
of Title 5 of the Code is hereby amended to read as follows:
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Chapter 5.96
ADULT ORIENTED BUSINESS
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
Enforcement and Revocation.
Section 355: Without making any other changes to the other definitions set forth
in Section 5.96.010, the definition of "Adult model studio" set forth in Section 5.96.010
(Definitions) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby
amended to read as follows:
"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 94930,
et seq.
Section 356: Subsection (B) of Section 5.96.020 (Application Requirements) of
Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code is hereby amended to
read as set forth in the quotations below:
"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) 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 (5)
business days following the receipt of an amended application or supplemental
Ordinance No. 2023-22
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information, the City Manager shall again determine whether the 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 (5) days of the date the
application is found to be complete. All notices required by this section shall be given in
the manner provided in Section 1.08.080."
Section 357: Subsections (D), (1), and (X) of Section 5.96.025
(Application/Findings/Requirements) of Chapter 5.96 (Adult Oriented Business) of Title
5 of the Code are hereby amended to read as set forth below:
Subsection (D) of Section 5.96.025 shall read as set forth in the quotations
below:
"D. The adult -oriented business shall not conduct any massage, acupuncture,
tattooing, piercing, acupressure, fortune-telling or escort services on the premises."
Subsection (I) of Section 5.96.025 shall read as set forth in the quotations below:
I. The adult -oriented business shall not allow admittance to any person under the
age of eighteen (18) if no alcohol is served, or under the age of twenty-one (21) if
alcohol is served."
Subsection (X) of Section 5.96.025 shall read as set forth in quotations below:
"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 this 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."
Section 358: Subsections (C) and (D) of Section 5.96.045 (Enforcement and
Revocation) of Chapter 5.96 (Adult Oriented Business) of Title 5 of the Code are hereby
amended to read as set forth in the quotations below:
"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
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revocation, shall state that the permittee may appeal the decision within fifteen (15)
days of the posting or the date of service in the manner provided in Section 1.08.080.
The notice shall be delivered both by posting the notice at the location of the adult -
oriented business and by serving the permittee with the notice in the manner provided in
Section 1.08.080 on the same date. Not later than fifteen (15) days after notice is
served in the manner provided in Section 1.08.080, the permittee may file an appeal of
the City Manager's determination with the City Clerk. If the appeal is filed within fifteen
(15) days of the service of the notice in the manner provided in Section 1.08.080, 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 shall be filed with the City Clerk on a form provided by the Clerk. Upon receipt, the
City Clerk shall 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 subject to judicial review
pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 359: Section 5.96.050 (Violation) of Chapter 5.96 (Adult Oriented
Business) of Title 5 of the Code is hereby deleted in its entirety.
Section 360: Section 5.96.055 (Existing Adult Businesses) of Chapter 5.96 (Adult
Oriented Business) of Title 5 of the Code is hereby deleted in its entirety.
Section 361:Section 5.97.010 (Purpose) of Chapter 5.97 (Sidewalk Vending
Program) of Title 5 of the Code is hereby amended to read as set forth in the quotations
below:
"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
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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 roller
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;
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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 eight (8) feet wide
and sidewalk vending in these areas would unreasonably interfere with the flow of
pedestrians and disrupt access for persons with disabilities."
Section 362: Subsection (B) of Section 5.97.020 (Definitions) of Chapter 5.97
(Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as
follows:
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);
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;
4. "Cannabis" means the substances defined in Section 10.70.020(A);
5. "Certified farmers' market" means a location operated in accordance with Cal.
Food & Agr. Code, Division 17, Chapter 10.5 Section 47000 et seq. and any regulations
adopted pursuant to that chapter;
6. "Fire station" means any facility where fire engines and other equipment of the
City's Fire Department are housed;
7. "Food" means any item provided in Cal. Health & Saf. Code Section 113781;
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8. "Heating element" means any device used to create heat for food preparation;
9. "Lifeguard headquarters" means the lifeguard facilities located at the base of
Newport Pier, alongside the Balboa Pier, and on Corona Del Mar State Beach;
10. "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 walkway approximately 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 designated as West Ocean Front and East Ocean Front on the official City
atlas;
12. "Park" means the parks listed in City Council Policy B-1, Exhibit A, or any
successor policy. The City has both active parks and passive parks:
a. "Active parks" contain one or more sporting fields or actively encourage
physical activity. The City's active parks are listed as "community parks" and
"neighborhood parks" in City Council Policy B-1, Exhibit A;
b. "Passive parks" are typically less developed than an active park, but may
contain features such as walking tracks, gardens, seating, barbecues, and picnic areas.
They do not usually contain sports infrastructure or encourage strenuous physical
activity, although they may contain playground equipment. The City's passive parks are
listed as "view parks" in City Council Policy B-1, Exhibit A;
13. "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;
14. "Police station" means any facility where police vehicles and other equipment of
the Police Department are housed;
15. "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;
16. "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, Planned Community Development Plan, Planned Residential District,
Specific Plan District, Specific Plan Area, or residential overlay district or their
equivalent;
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17. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to
place and stops only to complete a transaction;
18. "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;
19. "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;
20. "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;
21. "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;
22. "Special event" means any special event described in Section 11.03.020(B);
23. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location; and
24. "Swap meet" means a location operated in accordance with Cal. Bus. & Prof.
Code, Division 8, Chapter 9, Article 6, Section 21660 et seq., and any regulations
adopted pursuant to that chapter.
Section 363: Section 5.97.030 (Permit Required) of Chapter 5.97 (Sidewalk
Vending Program) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"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 under this chapter.
B. A written application for a sidewalk vendor permit shall be filed with the Finance
Director 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;
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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;
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;
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;
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16. An agreement to indemnify the City, as approved by the City Attorney
agreement;
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;
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 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.
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."
Section 364: Section 5.97.040 (Issuance of Permit) of Chapter 5.97 (Sidewalk
Vending Program) of Title 5 of the Code is hereby amended to read as set forth in the
quotations below:
"5.97.040 Issuance of Permit.
A. Within thirty (30) days of receiving a complete application, the Finance Director
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;
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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;
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 Risk
Manager; and
13.The sidewalk vendor has satisfactorily provided all information requested by the
Finance Director 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."
Section 365: Subsection (D) of Section 5.97.070 (Penalties) of Chapter 5.97
(Sidewalk Vending Program) of Title 5 of the Code is hereby amended to read as set
forth in the quotations below:
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"D. The Finance Director may revoke a permit issued to a sidewalk vendor for the term
of that permit upon the fourth violation or subsequent violations within one (1) year of
the first violation."
Section 366: Subsections (A)(1), (A)(4)(b), (A)(6) and (B) of Section 5.97.080
(Appeals) of Chapter 5.97 (Sidewalk Vending Program) of Title 5 of the Code are
hereby amended to read as set forth below:
Subsection (A)(1) of Section 5.97.080 shall read as set forth in the quotations
below:
1. Any recipient of an administrative citation may request an ability -to -pay
determination, contest that there was a violation of this 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). 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.
Code Section 51039(f)(1)."
Subsection (A)(4)(b) of Section 5.97.080 shall read as set forth in the quotations
below:
"b. If the Hearing Officer finds the person meets the criteria described in subdivision
(a) or (b) of Cal. Gov. Code Section 68632, the Hearing Officer shall order the City to
accept, in full satisfaction, twenty (20) percent of the administrative fine imposed
pursuant to this chapter;"
Subsection (A)(6) of Section 5.97.080 shall read as set forth in the quotations
below:
"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;
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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."
Subsection (B) of Section 5.97.080 shall read as set forth in the quotations
below:
"B. Decisions of the Finance Director to revoke a permit shall be appealed in the
following manner:
1. Appeals shall be initiated within fifteen (15) days of service of notice of the
decision in the manner provided in Section 1.08.080;
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), and the Hearing Officer may be disqualified as
provided in Section 1.05.070(B);
5. The Hearing Officer shall have the powers set forth in Section 1.05.070(C)(1)
through (4) and (6);
6. A hearing before the Hearing Officer may be 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), 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;
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
Ordinance No. 2023-22
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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;
8. After considering all 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 1.08.080."
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Section 367: The Table of Contents for Title 6 (Health and Sanitation) of the
Code is hereby amended to read as follows:
Title 6
HEALTH AND SANITATION
Chapters:
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
Section 3: Without making any other changes to the other definitions set forth in
Section 6.04.020, the definition of "Municipal solid waste" or "MSW" in Section 6.04.020
(Definitions) of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is
hereby amended to read as follows:
"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
Cal. Health & Saf. Code Section 114960 et seq. or (3) untreated medical waste which is
regulated pursuant to the Medical Waste Management Act, Cal. Health & Saf. Code
Section 117600 et seq.
Section 368: Subsection A (Definitions) of Section 6.04.040 (Leaf Blowers) of
Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended
to read as follows:
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.
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2. "Common interest development" and "association" shall be defined as those
terms are defined in Cal. Civ. Code Sections 4100 and 4800, respectively.
Section 369: Subsections (B), (E)(1) and (E)(3) of Section 6.04.060 (Collection
of Solid Waste and Divertible Materials) of Chapter 6.04 (Garbage, Refuse and
Cuttings) of Title 6 of the Code are hereby amended to read as set forth below:
Subsection (8) of Section 6.04.060 shall read as set forth in the quotations
below:
"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."
Subsection (E)(1) of Section 6.04.060 shall read as set forth in the quotations
below:
1. Any person, with the permission and consent of the property owner, from gathering
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;"
Subsection (E)(3) of Section 6.04.060 shall read as set forth in the quotations
below:
"I The immediate removal by any person of solid waste, food scraps, and other
divertible material which the Health Officer, Code Enforcement Supervisor, City
Manager, 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;"
Section 370: Subsection (A)(6) of Section 6.04.100 (Prohibited Material) of
Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended
to read as set forth in the quotations below:
"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;"
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Section 371: Section 6.04.140 (Costs Defrayed from Ad Valorem Tax Revenue)
of Chapter 6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby
amended to read as set forth in the quotations below:
"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 6,04.020 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.]"
Section 372: Subsection (B) of Section 6.04.200 (Prohibited Disposal) of Chapter
6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read
as set forth in the quotations below:
"B. On Own Property. No owner of real property shall throw, deposit or 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 (3) days after receipt of
written notice by the Code Enforcement Supervisor, or Public Works Director to do so."
Section 373: Section 6.04.230 (Violation, Penalties and Enforcement) of Chapter
6.04 (Garbage, Refuse and Cuttings) of Title 6 of the Code is hereby amended to read
as set forth in the quotations below:
"6.04.230 Violation, Penalties and Enforcement.
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)."
Section 374: Subsection (1) of Section 6.05.010 (Definitions) of Chapter 6.05
(Use of Expanded Polystyrene Disposable Food Service Ware) of Title 6 of the Code is
hereby amended to read as set forth in the quotations below:
"I. `Restaurant' means any establishment located within the City 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 this Code."
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Section 375: Section 6.05.040 (Undue Hardship) of Chapter 6.05 (Use of
Expanded Polystyrene Disposable Food Service Ware) of Title 6 of the Code is hereby
amended to read as set forth in the quotations below:
"6.05.040 Undue Hardship.
A. The City Manager 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 (1)
year.
B. An exemption application shall include all information necessary for the City
Manager to make a decision, including but not limited to documentation showing the
factual support for the claimed exemption. The City Manager may require the applicant
to provide additional information to permit the Director to determine facts regarding the
exemption application.
C. The City Manager 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."
Section 376: Section 6.05.050 (Enforcement) of Chapter 6.05 (Use of Expanded
Polystyrene Disposable Food Service Ware) of Title 6 of the Code are hereby amended
to read as set forth in the quotations below:
"6.05.050 Enforcement.
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."
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Section 377: The definition of "Director," "food facility," "food recovery
organization," "food scraps," "municipal solid waste" or "MSW," and "SB 1383
generator," set forth in Section 6.06.010 (Definitions) of Chapter 6.06 (State Mandated
Municipal Solid Waste Diversion Programs) of Title 6 of the Code are hereby amended
to read as follows:
"Director" means the Director of the Public Works Department.
"Food facility" shall have the same meaning as that term is defined in Cal. Health & Saf.
Code in Section 113789.
"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 Cal. Health & Saf. Code Section 113783; (2) nonprofit charitable
organization as defined in Cal. Health & Saf. Code Section 113841; and (3) nonprofit
charitable temporary food facility as defined in Cal. Health & Saf. 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 Cal. Health &
Saf. Code Section 113789, food processing establishments (as defined in Cal. Health &
Saf. 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
Cal. Health & Saf. Code Section 114960 et seq., or (3) untreated medical waste which
is regulated pursuant to the Medical Waste Management Act, Cal. Health & Saf. Code
Section 117600 et seq.
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"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. 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.
Section 378: Section 6.06.080 (Reporting, Inspections, and Compliance
Verification) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion
Programs) of Title 6 of the Code is hereby amended to read as set forth in the
quotations below:
"6.06.080 Reporting, Inspections, and Compliance Verification.
A. The City's representative is authorized to conduct inspections and investigations,
at random or otherwise, of any collection container, collection vehicle loads, or transfer,
processing, or disposal facility for materials collected from generators, or source
separated materials to confirm compliance with this chapter by AB 341 generators, SIB
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 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
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.
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. Code Section 6250 et seq.
D. The City's representative 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."
Section 379: Subsection (1) of Section 6.06.100 (Diversion Programs Required at
Special Events) of Chapter 6.06 (State Mandated Municipal Solid Waste Diversion
Programs) of Title 6 of the Code is hereby amended to read as set forth in the
quotations below:
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"I. The promoter, coordinator or responsible party shall submit the following
information to the City within thirty (30) 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."
Section 380: Subsections (A), (C)(4) and (D) of Section 6.06.110 (Requirements
for Commercial Edible Food Generators) of Chapter 6.06 (State Mandated Municipal
Solid Waste Diversion Programs) of Title 6 of the Code are hereby amended to read as
provided below:
Subsection (A) of Section 6.06.110 shall read as set forth in the quotations
below:
"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
18995.1."
Subsection (C)(4) of Section 6.06.110 shall read as set forth in the quotations
below:
'A. Allow the City to access the premises and review records pursuant to 14 CCR
Section 18991.4; and"
Subsection (D) of Section 6.06.110 shall read as set forth in the quotations
below:
"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
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Good Samaritan Act, or share table and school food donation guidance pursuant to
Senate Bill 557 of 2017, which added Article 13 (commencing with Section 49580) to
Cal. Ed. Code Title 2, Division 4, Part 27, Chapter 9, and to amend Cal Health & Saf.
Code Section 114079 relating to food safety."
Section 381: Subsection (C) of Section 6.06.120 (Requirements for Food
Recovery Organizations and Services, Jurisdictions, and Regional Agencies) of Chapter
6.06 (State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code
is hereby amended to read as set forth in the quotations below:
"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 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)."
Section 382: Subsection (E) of Section 6.06.140 (Waivers) of Chapter 6.06
(State Mandated Municipal Solid Waste Diversion Programs) of Title 6 of the Code is
hereby amended to read as set forth in the quotations below:
"E. The Director's decision shall be final thirty (30) 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) days. The decision of the Assistant City Manager shall be final."
Section 383: Section 6.06.150 (Enforcement) of Chapter 6.06 (State Mandated
Municipal Solid Waste Diversion Programs) of Title 6 of the Code is hereby amended to
read as set forth in the quotations below:
"6.06.150 Enforcement.
A. Process for Enforcement.
1. The Public Works Director 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.
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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 are as set forth in
Section 1.05.020 subject to any minimum or maximum penalty amounts imposed by SB
1383.
C. 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. 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 1.05.060.
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
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notice that compliance is required by January 1, 2022, and that violations may be
subject to administrative civil penalties starting on January 1, 2024.
F. 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."
Section 384: Section 6.08.010 (Authorization) of Chapter 6.08 (Food Handling
Services) of Title 6 of the Code is hereby amended to read as set forth in the quotations
below:
"6.08.010 Authorization.
The purpose of this chapter is to authorize the County Health Officer to enforce and
observe in the City all orders and quarantine regulations prescribed by the State
Department of Health Services, the Cal Health & Saf. Code and all other applicable
statutes and regulations relating to public health, pursuant to the authority of Cal. Health
& Saf. Code Section 101375."
Section 385: Section 6.08.020 (Definitions) of Chapter 6.08 (Food Handling
Services) of Title 6 of the Code is hereby amended to read as follows:
6.08.020 Definitions.
The following terms used in this chapter shall have the meanings indicated below:
"Certified farmers' market" shall be as defined in Cal. Health & Saf. Code Section
113742.
"Commissary" shall be as defined in Cal. Health & Saf. Code Section 113751.
"Food facility" shall be as defined in Cal. Health & Saf. Code Section 113789.
"Food processing establishment" shall be as defined in Cal. Health & Saf. Code Section
111955.
"Inspector" means a registered environmental health specialist, as defined in Cal Health
& Saf. 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 facility" shall be as defined in Cal. Health & Saf. Code Section 113831.
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"Produce stand" shall be as defined in Cal. Health & Saf. Code Section 113879.
"Restricted food service 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 113899.
"Temporary food facility" shall be as defined in Cal. Health & Saf. Code Section 113930.
"Vehicle" shall be as defined in Cal. Veh. Section 670.
"Vending machine" shall be as defined in Cal. Health & Saf. Code Section 113938.
Section 386: Subsections (A) and (B) of Section 6.08.030 (Permit Required —
Conditions and Terms) of Chapter 6.08 (Food Handling Services) of Title 6 of the Code
are hereby amended to read as set forth in the quotations below:
"A. It shall be unlawful for any person to operate any food facility, vending machine
business, or any other food handling business within the City 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 facility shall, in addition, provide a list of three (3)
service stops which shall include the address of exact location and time of each stop."
Section 387: Section 6.08.040 (Construction, Conversion and Alteration) of
Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to
read as follows:
"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 (3) copies of the complete plans and specifications to the
Health Department for review and approval pursuant to the applicable requirements of
the Cal. Health & Saf. Code. The Health Officer may thereafter issue a certificate stating
what modifications, if any, are required for compliance with applicable laws and
ordinances."
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Section 388: Section 6.08.060 (Notice of Violation) of Chapter 6.08 (Food
Handling Services) of Title 6 of the Code is hereby amended to read as set forth in the
quotations below:
"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:
A. The acts or omissions with which the permittee is charged.
B. The provision or provisions violated.
C. The corrective steps required.
D. The date by which all such corrections must be completed, allowing a reasonable
period to make necessary corrections.
E. That the permittee has a right to a hearing upon written request or that a
mandatory hearing has been scheduled.
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 9:00 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."
Section 389: Subsections (A), (B) and (C) of Section 6.08.070 (Hearing) of
Chapter 6.08 (Food Handling Services) of Title 6 of the Code are hereby amended to
read as set forth in the quotations below:
"A. The hearing shall be held by a hearing officer who is the Health Officer or his or
her duly authorized representative and a registered environmental health specialist as
defined in Cal. Health & Saf. Code Section 106615 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) days after receipt of the notice. A failure to request a hearing within fifteen
(15) days after receipt of the notice shall be deemed a waiver of the right to a hearing.
When circumstances warrant, the hearing officer may order a hearing at any reasonable
time within this fifteen (15) day period to expedite the permit suspension or revocation
process.
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C. The hearing shall be held within fifteen (15) days 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."
Section 390: Subsection (C) of Section 6.08.090 (Summary Suspension) of
Chapter 6.08 (Food Handling Services) of Title 6 of the Code is hereby amended to
read as set forth in the quotations below:
"C. At any time within fifteen (15) 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) days of the receipt of a request for a hearing. A failure to request
a hearing within fifteen (15) days shall be deemed a waiver of the right to such hearing."
Section 391: The introductory paragraph to Section 6.08.120 (Mobile Food
Preparation Units Generally), with no changes to Subsections A through J of Section
6.08.120 which shall remain as written, of Chapter 6.08 (Food Handling Services) of
Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"In addition to all other applicable provisions of the Cal. Health & Saf. Code and of this
chapter, mobile food preparation units shall comply with the following safety
requirements:"
Section 392:Section 6.08.140 (Fees) of Chapter 6.08 (Food Handling Services)
of Title 6 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Health & Saf. Code Section 101325."
Section 393:The Table of Contents for Chapter 6.25 (Regulation of Smoking in
Public Areas) of Title 6 of the Code is hereby amended to read as follows:
Chapter 6.25
REGULATION OF SMOKING IN PUBLIC AREAS
Sections:
6.25.005 Purpose and Intent.
6.25.010 Definitions.
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6.25.020 Regulation of Smoking in Public Places.
6.25.025 Disposal where Smoking is Prohibited.
6.25.040 Posting of Signs Required.
6.25.060 Penalties.
Section 394: Section 6.25.005 (Purpose and Intent) of Chapter 6.25 (Regulation
of Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as set
forth in the quotations below:
"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;
B. The presence of smoke in the environment also constitutes a material annoyance
and discomfort to non-smokers;
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."
Section 395: Section 6.25.010 (Definitions) of Chapter 6.25 (Regulation of
Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as follows:
6.25.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed herein as
set forth in this section unless it is apparent from the context that a different meaning is
intended.
"Enclosed" means closed in by a roof and four walls with appropriate openings for
ingress and egress and is not intended to mean areas commonly described as public
lobbies.
"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.
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Section 396: Section 6.25.020 (Regulation of Smoking in Public Places) of
Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby
amended to read as set forth in the quotations below:
"6.25.020 Regulation of Smoking in Public Places.
It shall be unlawful to smoke in the following places:
A. Elevators. Smoking is prohibited and is unlawful within elevators in buildings
generally used by and open to the public, including elevators in office, hotel and multi-
family buildings.
B. Hospitals and Health Care Facilities. Smoking is prohibited and unlawful in public
areas of health care facilities and hospitals, as defined in Cal. Health & Saf. Code
Section 1250, except in specially designated smoking areas, which may be all or part of
a public area.
C. Public Meeting Rooms. Smoking is prohibited and is unlawful in hearing rooms,
conference rooms, chambers, and places of public assembly in which public business is
conducted.
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.
F. Service Lines. Smoking is prohibited and is unlawful in service lines in which more
than one (1) 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.
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, beach, or the oceanfront
Ordinance No. 2023-22
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boardwalk, while the person is located on public property. This prohibition shall not
apply to a person 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 City."
Section 397: Section 6.25.025 (Regulation of Smoking in Restaurants) of
Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby
deleted in its entirety and replaced with Section 6,25.025 (Disposal where Smoking is
Prohibited), which shall read as set forth in the quotations below:
"Section 6.25.025 Disposal where Smoking is Prohibited.
No person shall dispose of any cigarette, cigar, tobacco, or any other instrument used to
smoke or any 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 in a 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 by law."
Section 398: Section 6.25.030 (Regulation of Smoking in Places of Employment)
of Chapter 6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby
deleted in its entirety.
Section 399: Section 6.25.050 (Structural Modifications Not Required) of Chapter
6.25 (Regulation of Smoking in Public Areas) of Title 6 of the Code is hereby deleted in
its entirety.
Section 400: Section 6.25.060 (Penalties) of Chapter 6.25 (Regulation of
Smoking in Public Areas) of Title 6 of the Code is hereby amended to read as follows:
6.25.060 Penalties.
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.
Section 401: Section 6.25.070 (Severability) of Chapter 6.25 (Regulation of
Smoking in Public Areas) of Title 6 of the Code is hereby deleted in its entirety.
Section 402: Section 7.04.010 (Definitions) of Chapter 7.04 (Dogs) of Title 7 of
the Code is hereby amended to read as follows:
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7.04.010 Definitions.
For the purpose of this chapter, certain words and phrases are defined and certain
provisions shall be construed as herein set forth, unless it is apparent from the context
that a different meaning is intended.
"Dog" means 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.
Section 403: Section 7.04.020 (Leash Required) of Chapter 7.04 (Dogs) of Title
7 of the Code is hereby amended to read as set forth in the quotations below:
7.04.020 Leash Required.
No person having the care, charge or control of any dog shall cause or allow, either
willfully 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 six (6) 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."
Section 404: Section 7.04.025 (Prohibited on School Grounds) of Chapter 7.04
(Dogs) of Title 7 of the Code is hereby amended to read as set forth in the quotations
below:
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7.04.025 Prohibited on School Grounds.
No person having the care, charge or control of any dog shall cause or allow, either
willfully 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."
Section 405: Subsection (D) of Section 7.04.030 (Animals Prohibited on Public
Beaches) of Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as
set forth in the quotations below:
"D. The provisions of this section shall not be applicable to:
1. Any animal enrolled and participating in obedience classes offered by the
Recreation and Senior Services Department of the City or event for which the City has
issued a special event permit that allows dogs on the beach;
2. 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
3. Any State, federal or local government law enforcement officer while performing
their duties."
Section 406: Subsection (D) of Section 7.04.050 (Dogs Prohibited) of Chapter
7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the
quotations below:
"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."
Section 407: Section 7.04.100 (Biting Dog —Report —Custody Control) of
Chapter 7.04 (Dogs) of Title 7 of the Code is hereby amended to read as set forth in the
quotations below:
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7.04.100 Biting Dog —Report —Custody and Control.
Upon receiving a report from any person who has been bitten by a dog, or from any
person who has witnessed such occurrence, or has witnessed a dog who has bitten
another dog, a Newport Beach Animal Control Officer shall notify the owner, possessor
or custodian of the biting dog, in writing. If the Animal Control Officer believes the dog
may be potentially dangerous to the community, he/she may require the owner to keep
such dog at all times on the property or premises where such owner, possessor or
custodian resides, or on the property or premises of any person to whom the custody of
such dog may be given, and to securely hold the dog or cause the dog to be securely
held by a leash or other device or means, so as to prevent the dog from wandering,
straying or getting beyond the control of its custodian.
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. Food & Agr. 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."
Section 408: Section 7.06.010 (Horses Prohibited on Beaches and Parks) of
Chapter 7.06 (Horses Prohibited on Beaches) of Title 7 of the Code is hereby amended
to read as set forth in the quotations below:
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 person with the disability."
Section 409: Section 7.06.020 (Penalty) of Chapter 7.06 (Horses Prohibited on
Beaches) of Title 7 of the Code is hereby amended to read as set forth in the quotations
below:
" 7.06.020 Penalty.
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It shall be unlawful for any person to violate or fail to comply with the provisions of
Section 7.06.010 of this Code. Any person violating or failing to comply with any of the
provisions of said section shall be guilty of an infraction."
Section 410: Section 7.08.010 (Wild Animal Defined) of Chapter 7.08 (Wild
Animals) of Title 7 of the Code is hereby amended to read as set forth in the quotations
below:
"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 14 CCR Section 671. This section shall not be construed to
include domestic dogs or cats."
Section 411: Subsections (C) and (D) of Section 7.08.040 (Permit for Keeping
Wild Animals) of Chapter 7.08 (Wild Animals) of Title 7 of the Code are hereby
amended to read as set forth in the quotations below:
"C. Conditions —Issuance. The Chief of Police may issue a permit, valid for one (1)
year, for the keeping of any wild animal if the Chief of Police determines that such
animal may be kept or maintained without menacing the safety of any person or
property; provided, however, that the Chief of Police may impose such conditions in
granting a permit as the Chief of Police 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."
Section 412: Section 7.15.020 (Pigeons) of Chapter 7.15 (Fowl) of Title 7 of the
Code is hereby amended to read as set forth in the quotations below:
"7.15.020 Pigeons.
No person shall keep, maintain or have in his possession within any residential district
in the City any homing or racing pigeons without first obtaining a permit from the City
Manager as provided in Section 7.08.040 of this Code."
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Section 413:The Table of Contents for Chapter 7.16 (Animals at Large —
Impounding) of Title 7 of the Code is hereby amended to read as follows:
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.
Section 414: Section 7.16.070 (Penalty) of Chapter 7.16 (Animals at Large —
Impounding) of Title 7 of the Code is hereby deleted in its entirety.
Section 415: Subsection (C) of Section 7.20.020 (Nuisances Committed by
Animals) of Chapter 7.20 (Animal Nuisances) of Title 7 of the Code is hereby amended
to read as set forth in the quotations below:
"C. The provisions of this section shall not be applicable to:
1. Any animal enrolled and participating in obedience classes offered by the
City or in any show for which the City has issued a special event permit;
2. Any guide dog or service dog, as defined by Section 7.04.010, while being
used by a blind person."
Section 416:Section 7.25.010 (Keeping of Apiaries —Prohibited) of Chapter 7.25
(Apiaries) of Title 7 of the Code is hereby amended to read as set forth in the quotations
below:
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 Cal.
Food & Agr. Code Section 29002 in any residential area within the City."
Section 417:The Table of Contents for Chapter 7.26 (Protection of Natural
Habitat for Migratory and Other Waterfowl) of Title 7 of the Code is hereby amended to
read as follows:
Chapter 7.26
PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER
WATERFOWL
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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.
Section 418: Section 7.26.040 (Violation Subject to Administrative Citation) of
Chapter 7.26 (Protection of Natural Habitat for Migratory and Other Waterfowl) of Title 7
of the Code is hereby deleted in its entirety.
Section 419: Section 7.26.050 (First and Second Violations —Warning and
Education) of Chapter 7.26 (Protection of Natural Habitat for Migratory and Other
Waterfowl) of Title 7 of the Code is hereby amended to read as set forth in the
quotations below:
7.26.050 First and Second Violations —Warning and Education.
Prior to the issuance of any administrative citation, 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."
Section 420: The Table of Contents for Chapter 7.35 (Regulation of Kennels) of
Title 7 of the Code is hereby amended to read as follows:
Chapter 7.35
REGULATION OF KENNELS
Sections:
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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.
Section 421: Section 7.35.010 (Definitions) of Chapter 7.35 (Regulation of
Kennels) of Title 7 of the Code is hereby amends the definition as follows:
7.35.010 Definitions.
Unless the particular provision of the context otherwise requires, the definitions and
provisions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
"Cat" means any cat or feline.
"Commercial kennel" means any place where more than three (3) dogs over the age of
four (4) months, three (3) cats over the age of four (4) months, or three (3) other
animals are treated, conditioned, boarded, raised or offered for sale for any form of
compensation, including, but not limited to, donations by any person or entity. The
definition of commercial kennel shall not include a kennel operated by a State -licensed
veterinarian or any pet store.
"Dog" means any dog or any canine.
"Kennel" means any commercial kennel, non-profit kennel or private kennel.
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"Non-profit kennel" means any place owned or operated by a non-profit organization
where more than three (3) dogs over the age of four (4) months, three (3) cats over the
age of four (4) months, or three (3) other animals are treated, conditioned, boarded, or
raised and whose function is to rescue, care, feed and place animals with the public
either for no compensation or for donations. The definition of a non-profit kennel shall
not include a location operated by a State -licensed veterinarian or any pet store.
"Non-profit organization" means a non-profit organization, as defined in Int. Rev. Code
Section 501(c)(3).
"Operator" means the legal owner, permit holder, or person in actual control of any
activity involving animals at a kennel.
"Owner" means the actual custodian of an animal, whether or not that person is the
legal owner, the caretaker, or merely the possessor of an animal. Any person who is
registered as the owner on a license or other legal document shall be deemed an owner
of the animal.
"Primary enclosure" means any structure used to immediately restrict an animal or
animals to a limited amount of space, such as a room, pen, run, cage, compartment, or
hutch.
"Private kennel" means any place where more than three (3) dogs over the age of four
(4) months, three (3) cats over the age of four (4) months, or three (3) other animals are
treated, conditioned, boarded, or raised for which no compensation is received,
including, but not limited to, donations by any person or entity. The definition of private
kennel shall not include a location operated by a State -licensed veterinarian or any pet
store.
"Run" means the floor surface and cage, exclusive of the sleeping box, used to contain
or maintain dogs, cats or other animals.
Section 422: Section 7.35.040 (Police Department Review) of Chapter 7.35
(Regulation of Kennels) of Title 7 of the Code is hereby amended to read as set forth in
the quotations below:
"A. Time Limits and Notification. Within thirty (30) 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
Ordinance No. 2023-22
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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) 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 Chief of Police and the applicant."
Section 423: Subsection (A)(1) of Section 7.35.050 (Operator's Permit Issuance
and Denial) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby
amended to read as set forth in the quotations below:
1. 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. Pen.
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;"
Section 424: Subsections (A)(5), (A)(10), (13)(2) and (13)(5) of Section 7.35.060
(Requirements of Operation) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the
Code are hereby amended to read as set forth below:
Subsection (A)(5) of Section 7.35.060 shall read as set forth in the quotations
below:
"5. The operator shall report in writing any changes in address, ownership, or
management to the Chief of Police at least fifteen (15) days prior to such change."
Subsection (A)(10) of Section 7.35.060 shall read as set forth in the quotations
below:
"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 for the purpose of conducting such
inspections as he/she may deem required. The inspections shall be conducted with the
operator or manager present."
Subsection (8)(2) of Section 7.35.060 shall read as set forth in the quotations
below:
"2. The operator shall report in writing any changes in address to the Chief of Police at
least fifteen (15) days prior to such change."
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Subsection (B)(5) of Section 7.35.060 shall read as set forth in the quotations
below:
"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
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."
Section 425: Subsection (C) of Section 7.35.090 (Kennel Operating Standards —
General) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby
amended to read as set forth in the quotations below:
"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 may
order any animal to be examined and/or treated by a veterinarian."
Section 426: Section 7.35.170 (New/Existing Permittees) of Chapter 7.35
(Regulation of Kennels) of Title 7 of the Code is hereby deleted in its entirety.
Section 427: Subsection (C) of Section 7.35.180 (Transfer and Duration of
Permits) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is hereby
amended to read as set forth in the quotations below:
"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) days prior to the expiration of
the permit to prevent a lapse of the permit."
Section 428: Subsection (C)(1) of Section 7.35.190 (Suspension, Revocation,
Denial and Appeal) of Chapter 7.35 (Regulation of Kennels) of Title 7 of the Code is
hereby amended to read as set forth in the quotations below:
1. The right to appeal to an Administrative Hearing Officer shall terminate upon the
expiration of fifteen (15) days of the date of mailing of the notice. The notice of appeal is
to be sent to the Police Department."
Section 429: Section 9.04.040 (Amendment of Section 113.4 Failure to Comply)
of Chapter 9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set
forth in the quotations below:
"9.04.040 Amendment of Section 113.4 Failure to Comply.
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Section 113.4 is amended to read as follows:
Section 113.4 Failure to comply. No person 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."
Section 430: Without making any other changes to the other definitions set forth
in Section 9.04.050, the definition "LOCAL AGENCY VERY HIGH FIRE HAZARD
SEVERITY ZONE" within Section 9.04.050 (Amendment to Section 202 Definitions) of
Chapter 9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set forth
in the quotations below:
"LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A
geographical area designated in accordance with the Cal. Gov. Code Section
51179, and by City 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 Code, Local Agency Very High Fire Hazard
Severity Zones shall be considered to be Very High Fire Hazard Severity Zones
as defined in Cal. Gov. Code Section 51179."
Section 431: Subsections (305.8.1.1 Notice), (305.8.3 Service of notice),
(305.8.4 Appeal), (305.8.5 Abatement hearing procedure), (305.8.7 Emergency private
property abatement) and (305.8.8 Abatement costs) of Section 9.04.060 (Amendment to
Section 305 Ignition Sources) of Chapter 9.04 (Fire Code) of Title 9 of the Code are
hereby amended to read as set forth below:
Subsection 305.8.1.1 (Notice) of Section 9.04.060 shall read as set forth in the
quotations below:
"305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards,
or other items prohibited under this Code 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) 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."
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Page 218 of 470
Subsection 305.8.3 (Service of notice) of Section 9.04.060 shall read as set forth
in the quotations below:
"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) days prior to the date of the proposed abatement.
Failure of any property owner, or any party concerned to receive a notice shall
not affect the validity of any proceeding taken if the procedure for service of
notice has been followed."
Subsection 305.8.4 (Appeal) of Section 9.04.060 shall read as set forth in the
quotations below:
"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) days 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 this Code."
Subsection 305.8.5 (Abatement hearing procedure) of Section 9.04.060 shall
read as set forth in the quotations below:
"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 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. 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) days."
Subsection 305.8.7 (Emergency private property abatement) of Section 9.04.060
shall read as set forth in the quotations below:
"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
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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) days from the date
of mailing the notice of work performed."
Subsection 305.8.8 (Abatement costs) of Section 9.04.060 shall read as set forth
in the quotations below:
"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, 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 Office.
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. 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)
days 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) 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 Cal. Gov. Code Section 38773.5, which is
incorporated herein by this reference."
Section 432: Subsections (5) and (6) of Section 9.04.280 (Amendments to
Section 903.2.8 Group R) of Chapter 9.04 (Fire Code) of Title 9 of the Code are hereby
amended to read as set forth in the quotations below:
"5. Pursuant to Cal. Health & Saf. Code, Section 13113, occupancies housing
ambulatory children only, none of whom are mentally ill children or children with
Ordinance No. 2023-22
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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.
6. Pursuant to Cal. Health & Saf. 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 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 903.3.1.2 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."
Section 433: Section 9.04.440 (Amendments to Section 5704.2.11.1) of Chapter
9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as set forth in the
quotations below:
"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."
Section 434: Section 9.04.470 (Local Agency Very High Fire Hazard Severity
Zone) of Chapter 9.04 (Fire Code) of Title 9 of the Code is hereby amended to read as
set forth in the quotations below:
"9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City designates those areas identified in green on the map attached to Ordinance
2022-27, which is on file with the City Clerk, as the Local Agency Very High Fire Hazard
Severity Zone for the City in accordance with Cal. Gov. Code Section 51179."
Section 435:The Table of Contents for Title 10 (Offenses and Nuisances) of the
Code is hereby amended to read as follows:
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Page 221 of 470
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
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
Cannabis Regulations
Section 436: Section 10.04.010 (Drinking in Public) of Chapter 10.04
(Intoxicating Liquor) of Title 10 of the Code is hereby amended to read as set forth in
the quotations below:
"10.04.010 Drinking in Public.
A. No person shall drink or consume any alcoholic beverage, 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 facility 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
Ordinance No. 2023-22
Page 222 of 470
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 facility in the area commonly 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 lawfully permitted eating and drinking
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."
Section 437: Section 10.06.010 (Human Waste) of Chapter 10.06 (Human
Waste) of Title 10 of the Code is hereby amended to read as set forth in the quotations
below:
"10.06.010 Human Waste.
No person shall urinate or defecate 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."
Section 438: Section 10.08.005 (Definitions) of Chapter 10.08 (Interference with
Public Access) of Title 10 of the Code is hereby amended to read as set forth below:
"10.08.005 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section:
"Cancer treatment center" means a facility for the treatment of cancer located in a
mixed -use horizontal zone.
Ordinance No. 2023-22
Page 223 of 470
"College" means an institution of higher education, including a community or junior
college, college or university including, but not limited to, Orange Coast College and
Coastline College.
"Day care center" shall have the same meaning as set forth in Section 1.08.120.
"Public rights -of -way" or "public right-of-way" means the area or areas on, below, or
above a public roadway, public highway, public street, public sidewalk, public alleyways,
or a utility easement in which the City has interest.
"School" shall have the same meaning as set forth in Section 1.08.120.
Section 439: Subsections (13)(5), (13)(6), (C)(6), (C)(7) and (D) of Section
10.08.030 (Use of Public Property for Commercial Purposes) of Chapter 10.08
(Interference with Public Access) of Title 10 of the Code are hereby amended as set
forth below:
Subsections (8)(5) and (8)(6) of Section 10.08.030 shall read as set forth in the
quotations below:
"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 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. Veh. 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 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. Veh. Code and, the event, celebration or activity is
consistent with Council Policy;"
Subsections (C)(6) and (C)(7) of Section 10.08.030 shall read as set forth in the
quotations below:
"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;
7. The sponsor of the celebration or event shall provide insurance, which types and
amounts shall be determined by the Risk Manager."
Subsection (D) of Section 10.08.030 shall read as set forth in the quotations
below:
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"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 pursuant to
resolution or permit."
Section 440:The Table of Contents for Chapter 10.12 (Interfering with Law
Enforcement) of the Code is hereby amended to read as follows:
Chapter 10.12
INTERFERING WITH LAW ENFORCEMENT
Sections:
10.12.010 False Report to Police/Animal Control Officer.
10.12.020 Interference.
Section 441: Section 10.12.020 (Interference) of Chapter 10.12 (Interfering with
Law Enforcement) of Title 10 of the Code is hereby added to read as follows:
"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."
Section 441: The definition of "Public park" or "park facility" set forth in Section
10.14.010 (Definitions) of Chapter 10.14 (Prohibition Against Camping in Public Places)
of Title 10 of the Code is hereby amended to read as follows:
"Public park" or "park facility" shall have the same meaning as set forth in Section
1.08.120.
Section 442: Section 10.16.010 (Gambling Prohibited) of Chapter 10.16
(Gambling) of Title 10 of the Code is hereby amended to read as set forth in the
quotations below:
"10.16.010 Gambling Prohibited.
It shall be unlawful for any person to play or bet at or against any game not mentioned
in Cal. Pen. Code 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."
Section 443: Section 10.16.020 (Use of Premises for Gambling) of Chapter
10.16 (Gambling) of Title 10 of the Code is hereby amended to read as set forth in the
quotations below:
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"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 Cal. Pen. Code
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."
Section 444: Section 10.16.030 (Operating Gambling Place) of Chapter 10.16
(Gambling) of Title 10 of the Code is hereby amended to read as set forth in the
quotations below:
"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 Cal. Pen. Code 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."
Section 445:Section 10.24.010 (Discharge of Weapons —Permission Required)
of Chapter 10.24 (Discharge of Weapons) of Title 10 of the Code is hereby amended to
read as set forth in the quotations below:
"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 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 person."
Section 446: The Table of Contents for Chapter 10.26 (Community Noise
Control) of Title 10 of the Code is hereby amended to read as follows:
Chapter 10.26
COMMUNITY NOISE CONTROL
Sections:
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Page 226 of 470
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.
Section 447: Subsection (B) of Section 10.26.005 (Declaration of Policy) of
Chapter 10.26 (Community Noise Control) of Title 10 of the Code is hereby amended to
read as set forth in the quotations below:
"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 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."
Section 448: Section 10.26.010 (Definitions) of Chapter 10.26 (Community
Noise Control) of Title 10 of the Code is hereby amended to remove the following
definition:
"Person" means any individual, firm, partnership, association, corporation, company or
organization of any kind, including public agencies.
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Page 227 of 470
Section 449: Section 10.26.100 (Severability) of Chapter 10.26 (Community
Noise Control) of Title 10 of the Code is hereby deleted in its entirety.
Section 450: Subsection (M) of Section 10.28.010 (Loud and Unreasonable
Noise) of Chapter 10.28 (Loud and Unreasonable Noise) of Title 10 of the Code is
hereby deleted in its entirety.
Section 451: Subsection (D) of Section 10.28.020 (Loud and Raucous Noise
from Sound -Making or Amplifying Devices Prohibited) of Chapter 10.28 (Loud and
Unreasonable Noise) of Title 10 of the Code is hereby deleted in its entirety.
Section 452: Section 10.28.040 (Construction Activity —Noise Regulations) of
Chapter 10.28 (Loud and Unreasonable Noise) of Title 10 of the Code is hereby
amended to read as set forth in the quotations below:
"10.28.040 Construction Activity —Noise Regulations.
A. No person shall, while engaged in construction, remodeling, digging, grading,
demolition, painting, plastering or any other related building activity, operate any tool,
equipment or machine in a manner which produces loud noise that disturbs, or could
disturb, a person of normal sensitivity who works or resides in the vicinity, unless
authorized to do so in accordance with subsection (B) of this section.
B. The provisions of subsection (A) of this section shall not apply to the following:
1. Work performed on any weekday, which is not a federal holiday, between the
hours of 7:00 a.m. and 6:30 p.m.
2. Work performed on a Saturday, in any area of the City that is not designated as
a high -density area, between the hours of 8:00 a.m. and 6:00 p.m.
3. Emergency work performed pursuant to written authorization of the Community
Development Director.
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, or its
employees, contractors or agents, unless:
a. The City Manager or department director determines that the maintenance,
repair or improvement is immediately necessary to maintain public services;
b. The maintenance, repair or improvement is of a nature that cannot feasibly
be conducted during normal business hours; or
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c. The City Council has approved project specifications, contract provisions, or
an environmental document that specifically authorizes construction during hours of the
day which would otherwise be prohibited pursuant to this section.
C. No landowner, construction company owner, contractor, subcontractor, or
employer shall permit or allow any person or persons working under their direction and
control to operate any tool, equipment or machine in violation of the provisions of this
section.
D. Designated High -Density Area. The term "designated high -density area" shall
mean any shaded area on the map on file in the City Clerk's Office designated as a
High -Density Areas. (See, Map*). The geographical boundaries of a homeowners'
association, as defined in subsection (E) 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 (E) 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:
1. The board of directors of the homeowners' association votes to approve a
resolution or letter declaring its desire to exempt its geographical boundaries from the
definition of a designated high -density area;
2. The board of directors submits the approved resolution or letter to the City
Clerk for consideration by the City Council; and
3. The City Council adopts a resolution finding that exempting the geographical
boundaries of the homeowners' association from the definition of a designated high -
density area will not negatively affect surrounding property owners.
For the purpose of this subsection, a 'homeowners' association' means an organization
consisting of at least thirty (30) voting members whose properties connect in a
contiguous manner and whose operation is governed by a board of directors."
Section 453: Subsection (F) of Section 10.28.045 (Real Property Maintenance —
Noise Regulations) of Chapter 10.28 (Loud and Unreasonable Noise) of Title 10 of the
Code is deleted in its entirety and Subsection (E)(1) of Section 10.28.045 (Real
Property Maintenance —Noise Regulations) is amended to read as set forth in the
quotations below:
1. Emergency property maintenance authorized by the Community Development
Director;"
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Section 454: Subsections (A), (C) and (D) of Section 10.32.040 (Issuance of
Permit) of Chapter 10.28 (Sound -Amplifying Equipment) of Title 10 of the Code are
hereby amended to read as set forth below:
Subsection (A) of Section 10.32.040 shall read as set forth in the quotations
below:
"A. Upon receiving a complete application for a permit for the use of sound -amplifying
equipment or a sound truck, the Finance Director 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 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 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 six (6) months."
Subsections (C) and (D) of Section 10.32.040 shall read as set forth in the
quotations below:
"C. Specification of Hours. If a permit is granted, the Finance Director 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 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. 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."
Section 455: Section 10.36.020 (Definition) of Chapter 10.36 (Minor's Curfew) of
Title 10 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 456: Chapter 10.40 (Interference with Radio Reception) of Title 10 of the
Code is hereby deleted in its entirety.
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Section 457: Chapter 10.45 (Hotel —Loitering) of Title 10 of the Code is hereby
deleted in its entirety.
Section 458: Section 10.48.010 (Definitions) of Chapter 10.48 (Weed and
Rubbish Abatement) of Title 10 of the Code is hereby amended to read as follows:
10.48.010 Definitions.
Weeds. The term "weeds" shall mean weeds which when mature bear the wingy or
downy seeds, which will attain such a large growth as to become a fire menace when
dry or which are otherwise noxious or dangerous.
Section 459: Subsection (E) of Section 10.48.020 (Authority to Declare Nuisance
and Abate) of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is
hereby added to read as set forth in the quotations below:
"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."
Section 460: Subsection (B) of Section 10.48.030 (Notice of Nuisance) of
Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby
amended to read as set forth in the quotations below:
"B. Notice of Abatement Proceedings. Whenever the Fire Marshal 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."
Section 461: Subsections (A) and (G) of Section 10.48.040 (Hearing Procedure)
of Chapter 10.48 (Weed and Rubbish Abatement) of Title 10 of the Code are hereby
amended to read as set forth below:
Subsection (A) of Section 10.48.040 shall read as set forth in the quotations
below:
"A. The City Manager shall only consider evidence that is relevant to whether a
nuisance existed and whether the property owner caused or maintained the nuisance."
Subsection (G) of Section 10.48.040 shall read as set forth in the quotations
below:
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"G. A hearing before the City Manager shall be set for a date that is not less than ten
(10) 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 (5) days prior to the date of the hearing."
Section 462: Section 10.48.050 (Appeal Decision) of Chapter 10.48 (Weed and
Rubbish Abatement) of Title 10 of the Code is hereby amended to read as set forth in
the quotations below:
"10.48.050 Appeal Decision.
A. After considering all the testimony and evidence submitted at the appeal hearing,
the City Manager 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 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 shall be final as to the City but subject to judicial
review pursuant to Cal. Code Civ. Proc. Section 1094.5. The decision shall be served
on the property owner in accordance with Section 1.08.080 within forty-eight (48) hours
of the hearing."
Section 463: Subsection (B) of Section 10.48.060 (Abatement Costs) of Chapter
10.48 (Weed and Rubbish Abatement) of Title 10 of the Code is hereby amended to
read as set forth in the quotations below:
"B. The Fire Chief 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."
Section 464: Section 10.50.010 (Definitions) of Chapter 10.50 (Public Nuisance
Abatement) of Title 10 of the Code is hereby amended to remove the following
definitions:
"City Clerk" means the City Clerk of the City of Newport Beach or his or her designee.
"City Manager" means the City Manager of the City of Newport Beach or his/her
designee, including, without limitation, a Hearing Officer designated by the City
Manager to conduct proceedings pursuant to this chapter.
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Section 465: Subsections (B) and (1) of Section 10.50.020 (Nuisance) of Chapter
10.50 (Public Nuisance Abatement) of Title 10 of the Code are hereby amended to read
as set forth below:
Subsection (8) of Section 10.50.020 shall read as set forth in the quotations
below:
"B. Any swimming pool, spa, pond, fountain or other body of water that is allowed to
become stagnant, unsanitary or unsafe;"
Subsection (1) of Section 10.50.020 shall read as set forth in the quotations
below:
"I. A violation of any provision of this Code;"
Section 466: Section 10.50.110 (Hearing on Assessment) of Chapter 10.50
(Public Nuisance Abatement) of Title 10 of the Code is hereby amended to read as set
forth in the quotations below:
"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."
Section 467: Section 10.50.160 (Alternative Actions) of Chapter 10.50 (Public
Nuisance Abatement) of Title 10 of the Code is hereby amended to read as set forth in
the quotations below:
"10.50.160 Alternative Actions.
A. 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, or any other legal agency having jurisdiction.
B. The prevailing party in any judicial action or administrative proceeding to abate a
nuisance shall recover the attorneys' fees and costs incurred as follows:
1. The recovery of attorneys' fees shall be limited to those individual judicial
actions or administrative proceedings in which the City elects, at the initiation of the
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individual judicial action or administrative proceeding, to seek recovery of its own
attorneys' fees; and
2. In no judicial action or administrative proceeding shall an award of attorneys'
fees to a prevailing party exceed the reasonable attorneys' fees incurred by the City in
the judicial action or administrative proceedings; and
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
chapter."
Section 468: The Table of Contents for Chapter 10.52 (Abandoned or Wrecked
Vehicles) of Title 10 of the Code is hereby amended to read as follows:
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.
10.52.065 Notice to Department of Motor Vehicles.
Section 469:Section 10.52.020 (Exceptions) of Chapter 10.52 (Abandoned or
Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as set forth in the
quotations below:
"10.52.020 Exceptions.
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This chapter shall not apply to:
A. A vehicle or part thereof which is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property; or
B. A vehicle or part thereof which is stored or parked in a lawful manner or private
property in connection with the business of a licensed dismantler, licensed vehicle
dealer, or junk dealer, or when such storage or parking is necessary to the operation of
a lawfully conducted business or commercial enterprise.
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. Code and this chapter."
Section 470: Subsection (B) of Section 10.52.045 (Removal/Without Hearing) of
Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby
amended to read as set forth in the quotations below:
"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 Cal. Veh. Code Section 22855, 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 Cal. Veh. Code Sections 22661 and 22662; or"
Section 471: Section 10.52.050 (Hearing Procedures) of Chapter 10.52
(Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as
follows:
"10.52.050 Hearing Procedures.
A. Upon a timely request for hearing, a public hearing shall be held by and before the
City Manager. The City Manager 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 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
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Page 235 of 470
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 may impose such conditions, or take such action, as the City
Manager deems appropriate under the circumstances to carry out the purposes of this
chapter. The City Manager may delay the time for removal of the vehicle or parts.
C. The City Manager 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."
Section 472: Section 10.52.055 (Removal —When Authorized) of Chapter 10.52
(Abandoned or Wrecked Vehicles) of Title 10 of the Code is hereby amended to read as
set forth in the quotations below:
"10.52.055 Removal —When Authorized.
Five (5) days after adoption of the order declaring the vehicle or parts to be a public
nuisance, or five (5) 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 Cal. Veh. Code, in which case the vehicle may be reconstructed or made operable."
Section 473: Section 10.52.060 (Assessment of Costs of
Removal/Administration) of Chapter 10.52 (Abandoned or Wrecked Vehicles) of Title 10
of the Code is hereby amended to read as set forth in the quotations below:
"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
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or part was located and pursuant to Cal. Gov. Code Section 38773.5 and shall be
transmitted to the tax collector for collection."
Section 474: Section 10.52.070 (Severability) of Chapter 10.52 (Abandoned or
Wrecked Vehicles) of Title 10 of the Code is hereby deleted in its entirety.
Section 475: Chapter 10.56 (Drug Paraphernalia) of Title 10 of the Code is
hereby deleted in its entirety.
Section 476:The Table of Contents for Chapter 10.58 (Police Services at Large
Parties, Gatherings or Events on Private Property) of Title 10 of the Code is hereby
amended to read as follows:
Chapter 10.58
POLICE SERVICES AT LARGE PARTIES, GATHERINGS 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.
Section 477: Section 10.58.020 (Definitions) of Chapter 10.58 (Police Services at
Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is
hereby amended to remove the following definition:
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the
private property.
Section 478: Section 10.58.030 (Police Services at Large Parties, Gatherings or
Events Requiring Second Subsequent Responses) of Chapter 10.58 (Police Services at
Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is
hereby amended to read as set forth in the quotations below:
"10.58.030 Police Services at Large Parties, Gatherings or Events Requiring
Second or Subsequent Responses.
A. No person shall promote, host, organize or otherwise allow a large party, gathering
or event to occur on private property which is determined by a Police Officer to threaten
the public peace, health, safety or general welfare of the neighborhood or surrounding
community.
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B. The person responsible for the large party, gathering or event will be held liable for
civil fines in amounts established by resolution of the City Council, for a special security
assignment by the police, to control the threat to the public peace, health, safety or
general welfare, at any time within any twelve-month period after a first written warning.
C. In the case of a large party, gathering or event on private property in the West
Newport Safety Enhancement Zone during the period that the designation is in effect,
the person or persons responsible for the party, event or gathering, the occupant or
occupants of the property and the owner or owners of the property are, jointly and
severably, responsible for immediately complying with a request from any law
enforcement officer to terminate all unruly or illegal behavior on the property and shall
be responsible, in addition to other fines and penalties provided by this chapter, for the
payment of a fine in the amount of three hundred dollars ($300.00) for each full ten
minute segment that unruly or illegal conduct continues past the time that the law
enforcement officer requests termination.
The initial call, or any subsequent call, may also result in the arrest and/or citation of
violators of the Cal. Pen. Code or other local regulations."
Section 479: Subsection (B) of Section 10.58.040 (Procedures for Imposition of
Civil Fines) of Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on
Private Property) of Title 10 of the Code is hereby amended to read as set forth in the
quotations below:
"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."
Section 480: Section 10.58.050 (Confidentiality) of Chapter 10.58 (Police
Services at Large Parties, Gatherings or Events on Private Property) of Title 10 of the
Code is hereby deleted in its entirety.
Section 481: Section 10.58.060 (Severability) of Chapter 10.58 (Police Services
at Large Parties, Gatherings or Events on Private Property) of Title 10 of the Code is
hereby deleted in its entirety.
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Page 238 of 470
Section 482: Subsections (4) and (5) of Section 10.59.010 (Purpose) of Chapter
10.59 (Graffiti) of Title 10 of the Code are hereby amended to read as set forth in the
quotations below:
"4. This chapter is consistent with provisions of the Cal. Gov. Code which authorizes
the enactment of ordinances to provide for the use of City funds to remove graffiti (Cal.
Gov. Code Section 53069.3), and to pay rewards (Cal. Gov. Code Section 53069.5).
5. This chapter is intended to be complimentary to and not in conflict with Cal. Pen.
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."
Section 483: Subsection (7) of Section 10.59.020 (Definitions) of Chapter 10.59
(Graffiti) of Title 10 of the Code is hereby deleted in its entirety.
Section 484: Subsections (A), (B), (C) and (E)(2) of Section 10.59.090
(Abatement and Cost Recovery Proceedings) of Chapter 10.59 (Graffiti) of Title 10 of
the Code are hereby amended to read as set forth below:
Subsections (A), (8) and (C) of Section 10.59.090 shall read as set forth in the
quotations below:
"A. Notice. The City Manager 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:
1. By personal service on the owner, occupant or person in charge or control of
the property; or
2. By sending a copy of such notice by registered or certified mail addressed to
the owner or person in charge or control of the property, at the address shown on the
last available assessment roll, or as otherwise known.
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)
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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 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 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 as to the City but
subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Subsection (E)(2) of Section 10.59.090 shall read as set forth in the quotations
below:
"2. Pursuant to Cal. Gov. 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."
Section 485: Section 10.59.100 (Reward) of Chapter 10.59 (Graffiti) of Title 10 of
the Code is hereby amended to read as set forth in the quotations below:
"10.59.100 Reward.
Pursuant to Cal. Gov. 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 willfully
applying graffiti to any surface located on private or public property.
Ordinance No. 2023-22
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In the event of multiple contributors of information, the reward shall be divided by the
City in the manner it shall deem appropriate. For the purpose of this section, diversion
of the offending violator to a community service program, or a plea bargain to a lesser
offense, shall constitute a conviction.
No Law Enforcement Officer, municipal officer, official employee of the City shall be
eligible for a reward made pursuant to this section."
Section 486: The Table of Contents for Chapter 10.60 (Regulation of Display of
Material, which is Harmful to Minors in a Public Place) of Title 10 of the Code is hereby
amended to read as follows:
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.
Section 487: Section 10.60.020 (Definitions) of Chapter 10.60 (Regulation of
Display of Material, which is Harmful to Minors in a Public Place) of Title 10 of the Code
is hereby amended to read as follows:
10.60.020 Definitions.
As used in this chapter:
A. "Harmful matter' shall be defined as specified in Cal. Pen Code Section 313(a);
B. "Matter" shall be defined as specified in Cal. Pen. Code Section 313(b);
C. "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.
Section 488: Section 10.60.040 (Enforcement) of Chapter 10.60 (Regulation of
Display of Material, which is Harmful to Minors in a Public Place) of Title 10 of the Code
is hereby deleted in its entirety.
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Section 489:The Table of Contents for Chapter 10.64 (Construction and
Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby amended
to read as follows:
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.
10.64.050 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.
Section 490: Subsections (B) and (C) of Section 10.64.030 (Construction and
Maintenance Projects —Regulations) of Chapter 10.64 (Construction and Maintenance
Projects in Residential Districts) of Title 10 of the Code are hereby amended to read as
follows:
"B. Upon completion or abandonment of a construction or maintenance project, it shall
be removed from the lot within fifteen (15) days.
C. Nothing in this chapter shall prevent the enforcement of any other provision of the
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."
Section 491: Section 10.64.040 (Penalty) of Chapter 10.64 (Construction and
Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby deleted
in its entirety.
Section 492: Subsection (E) of Section 10.64.050 (Construction/Maintenance
Project Permits) of Chapter 10.64 (Construction and Maintenance Projects in
Residential Districts) of Title 10 of the Code is hereby amended to read as set forth in
the quotations below:
"E. No construction/maintenance project permit shall be issued for a period in excess
of six (6) months. A permit may not be extended beyond the initial six-month period
unless the Community Development Director 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
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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 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:
1. That the full six-month period is unnecessary given the anticipated scope of the
construction or maintenance project;
2. That any period of time in excess of that prescribed by the Community
Development Director 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 were completed in a period of time less than the six-
month maximum."
Section 493: Section 10.64.060 (Approval, Denial, Revocation of
Construction/Maintenance Project Permits) of Chapter 10.64 (Construction and
Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby amended
to read as set forth in the quotations below:
"10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project
Permits.
A. The Community Development Director 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 this Code, State or federal law;
2. The Community Development Director 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 Director may deny or revoke
construction/maintenance project permit, or the application for the same, if he
determines any of the following:
1. Continued activity under the construction/maintenance project permit will violate
Federal, State or local law;
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2. Activity under the construction/maintenance project permit constitutes a
violation of any other provision of this Code;
3. Abandonment of the construction or maintenance project has occurred;
4. There has been any material deviation from the precise nature, location, scope
of work or estimated date for completion as described on the construction/maintenance
project permit application during the tenure of the construction/maintenance project
permit; or
5. The permittee has made any misrepresentation regarding the precise nature,
location, scope of work or estimated date of completion on the
construction/maintenance project permit application.
D. The procedure for revocation of a construction/maintenance project permit shall
require that the Community Development Director 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."
Section 494:Subsections (A), (E), (F), (G), (1), (J) and (K) of Section 10.64.070
(Appeal of Denial or Revocation of Construction/Maintenance Project Permit) of Chapter
10.64 (Construction and Maintenance Projects in Residential Districts) of Title 10 of the
Code are hereby amended to read as set forth below:
Subsection (A) of Section 10.64.070 shall read as set forth in the quotations
below:
"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
Development Director shall render that decision final."
Subsections (E), (F) and (G) of Section 10.64.070 shall read as set forth in the
quotations below:
"E. The Hearing Officer shall only consider evidence that is relevant to whether the
Community Development Director has properly denied or notified the permittee of their
intent to revoke the construction/maintenance project permit pursuant to this chapter.
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F. The written notice from the Community Development denying or intending to
revoke a construction/maintenance project permit shall constitute prima facie evidence
of 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
Director in making the Community Director'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."
Subsections (1), (J) and (K) of Section 10.64.070 shall read as set forth in the
quotations below:
"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 Development Director final.
J. The Hearing Officer may continue the hearing and request additional information
from either the Community Development Director 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 Cal. Gov. Code Section
53069.4."
Section 495: Section 10.64.080 (Amortization) of Chapter 10.64 (Construction
and Maintenance Projects in Residential Districts) of Title 10 of the Code is hereby
deleted in its entirety.
Section 496:The Table of Contents for Chapter 10.66 (Loud and Unruly
Gathering) of Title 10 of the Code is hereby amended to read as follows:
Chapter 10.66
LOUD AND UNRULY GATHERING
Sections:
10.66.010 Definitions.
10.66.020 Loud or Unruly Gathering —Public Nuisance.
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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
Collection of Delinquent Costs.
Section 497: Section 10.66.040 (Second and Subsequent Responses) of
Chapter 10.66 (Loud and Unruly Gathering) of Title 10 of the Code is hereby amended
to read as follows:
"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) days have passed since the mailing of said notice."
Section 498: Subsections (G) and (J) of Section 10.66.060 (Violation —Penalty —
Civil Fine) of Chapter 10.66 (Loud and Unruly Gathering) of Title 10 of the Code are
hereby amended to read as set forth below:
Subsection (G) of Section 10.66.060 shall read as set forth in the quotations
below:
"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 Finance Director within fifteen (15) 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 Finance
Director 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 Finance Director 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 Finance Director is
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entitled to request additional documentation and information from the owner or
responsible person in 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 Finance Director 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 Finance
Director the requirement to pay the civil fine shall be stayed until the Finance Director
determines whether to grant or deny the request.
3. If the Finance Director 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 Finance
Director 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 Finance Director shall so
notify the owner or responsible person and the owner or responsible person shall
execute any agreements required by the Finance Director 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 Finance Director denies the written request for a civil fine waiver the civil
fine must be paid within ten (10) days from the date of service of the Finance Director's
determination.
6. The Finance Director's determination shall be (a) made within fifteen (15) days
of the date of receipt of the complete request or any additional information as requested
by the Finance Director; (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 Finance Director shall be final as to the City
but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Subsection (J) of Section 10,66.060 shall read as set forth in the quotations
below:
"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 requesting permission to remove the posted notice prior to the expiration of the
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ninety (90) day period. The Chief of Police 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."
Section 499: Subsection (P) of Section 10.66.070 (Administrative Hearing,
Appeal) of Chapter 10.66 (Loud and Unruly Gathering) of Title 10 of the Code is hereby
amended to read as set forth in the quotations below:
"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 County Superior Court, Harbor Justice Center in
accordance with the timelines and provisions as set forth in Cal. Gov. Code Section
53069.4."
Section 500: Section 10.66.090 (Cumulative Remedies) of Chapter 10.66 (Loud
and Unruly Gathering) of Title 10 of the Code is hereby deleted in its entirety.
Section 501: The Table of Contents for Chapter 10.68 (Targeted Residential
Picketing) of Title 10 of the Code is hereby amended to read as follows:
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.
Section 502: Section 10.68.040 (Public Nuisance) of Chapter 10.68 (Targeted
Residential Picketing) of Title 10 of the Code is hereby deleted in its entirety.
Section 503: The Table of Contents for Chapter 10.70 (Cannabis Regulations) of
Title 10 of the Code is hereby amended to read as follows:
Chapter 10.70
CANNABIS REGULATIONS
Sections:
10.70.010 Legislative Findings and Statement of Purpose.
10.70.020 Definitions.
10.70.030 Prohibited Activities.
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Section 504: Section 10.70.010 (Legislative Findings and Statement of Purpose)
of Chapter 10.70 (Cannabis Regulations) of Title 10 of the Code is hereby amended to
read as set forth in the quotations below:
"10.70.010 Legislative findings and statement of purpose.
A. The City Council finds that the prohibitions on cannabis cultivation, cannabis
processing, cannabis delivery, and cannabis 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 Charter and State law.
B. The City Council finds that this chapter: (1) expresses its intent to prohibit the
cultivation of cannabis in the City; (2) exercises its local authority 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 prohibit the delivery of cannabis in the City, to
the extent permitted by State and federal law."
Section 505: Section 10.70.020 (Definitions) of Chapter 10.70 of Chapter 10.70
(Cannabis Regulations) of Title 10 of the Code is hereby amended to read as follows:
10.70.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "Cannabis" 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 cannabis infused in foodstuff or any other ingestible or
consumable product containing cannabis. "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.
B. "Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in
Cal. Health & Saf. Code Section 11362.7e.
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C. "Commercial cannabis activity" shall have the same meaning as set forth in Cal.
Bus. & Prof. Code Section 26001(j).
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).
F. "Delivery" 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.
J. "Processing" means any method used to prepare cannabis 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 cannabis related products and
concentrates.
K. "Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth
in Cal. Health & Saf. Code Section 11362.7.
Section 506: Section 10.70.030 (Prohibited Activities) of Chapter 10.70
(Cannabis Regulations) of Title 10 of the Code is hereby amended to read as set forth
in the quotations below:
"10.70.030 Prohibited activities.
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, cannabis
cultivation, processing, delivery, dispensary, cooperatives and all other commercial
cannabis activities including, but not limited to, those activities for which a State license
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is required under the Medicinal and Adult -Use Cannabis Regulation and Safety Act,
regardless of whether the cannabis is used for medicinal purposes, except where the
City is preempted by federal or State 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 for any
activities that relate in any way to cannabis or medical cannabis uses including, but not
limited to, cannabis cultivation, processing, delivery, the establishment or operation of a
dispensary, a cooperative or other commercial cannabis activities including, but not
limited to, activities for which a state license is required under the Medicinal and Adult -
Use Cannabis Regulation and Safety Act, except where the City is preempted by federal
or State law from enacting a 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 public, and which is located in the City's
jurisdiction on or after January 1, 2024. Any 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 copy of the transportation and distribution request; and
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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; (iii) 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."
Section 507: Section 10.70.040 (Public nuisance) of Chapter 10.70 (Cannabis
Regulations) of Title 10 of the Code is hereby deleted in its entirety.
Section 508: Section 10.70.050 (Violations) of Chapter 10.70 (Cannabis
Regulations) of Title 10 of the Code is hereby deleted in its entirety.
Section 509: Section 10.70.060 (Severability) of Chapter 10.70 (Cannabis
Regulations) of Title 10 of the Code is hereby deleted in its entirety.
Section 510: Section 11.03.030 (Definitions) of Chapter 11.03 (Special Events)
of Title 11 of the Code is hereby amended to read as follows:
11.03.030 Definitions.
For the purposes of this chapter, certain terms shall have the meanings set out below:
"Applicant" means any person who seeks a permit under this chapter to operate a
special event. For special events on private property the property owner shall be the
applicant. For special events on public property, the operator shall be the applicant. An
applicant who has received an approved permit under the provisions of this chapter
shall also be considered a permit holder.
"Attendance" means the number of attendees anticipated to attend or who participate in
a special event, whichever number is greater.
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"Attendee" means any person anticipated to attend or participate or who actually does
participate in a special event.
"City property" means all real property and improvements owned, operated or controlled
by City within the City's jurisdiction. City property includes, but is not limited to City Hall,
police and fire facilities, recreational facilities, parks, beaches, libraries, streets and
sidewalks, streetlights and traffic lights.
"Director" means the Recreation and Senior Services Director.
"Level 1, 2, or 3 Permits" means a classification level of permit as determined by the
Director, Department Director or Reviewing Director based on factors such as the
nature, size, location, and duration of an event.
"Motorcade" means an organized procession containing twenty-five (25) or more
vehicles, except funeral processions, upon any public street, sidewalk or alley.
"Operate" means to manage, stage, promote, sponsor or carry on a special event.
"Operator" means the person who manages, stages, promotes, sponsors or carries on a
special event.
"Outdoor(s)" means any place other than in a permanent building. Outdoor(s) shall
include tents, canopies and temporary structures.
"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. Veh. Code.
"Reviewing Authority" means the person or body authorized under the provisions of this
chapter to review and act upon a special event application, i.e., either a specified staff,
Department Director or the City Council.
"Special event" means any special event described in Section 11.03.020(B).
"Title 20" or "Zoning Code" means Title 20 of this Code.
Section 511: Subsection (C) of section 11.03.050 (Standards and Requirements)
of Chapter 11.03 (Special Events) of Title 11 of the Code is hereby amended to read as
set forth in the quotations below:
"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
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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."
Section 512: Subsections (F) and (H) of Section 11.03.060 (Permit Review
Procedures) of Chapter 11.03 (Special Events) of Title 11 of the Code are hereby
amended to read as provided below:
Subsection (F) of Section 11.03.060 shall read as set forth in the quotations
below:
"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."
Subsection (H) of Section 11.03.060 shall read as set forth in the quotations
below:
"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."
Section 513: Subsection (D) of Section 11.03.070 (City Services Deposits and
Damage Reimbursement for Certain Special Events) of Chapter 11.03 (Special Events)
of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may
appeal to the Director within five (5) 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 judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
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Section 514: Section 11.03.100 (Appeals and Calls for Review) of Chapter 11.03
(Special Events) of Title 11 of the Code is hereby amended to read as set forth in the
quotations below:
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. 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.
The right to appeal or call an item for review shall terminate upon the expiration of ten
(10) days following service of the notice advising the applicant of the action of the City
Manager. The notice shall be served in the manner provided in Section 1.08.080."
Section 515: The Table of Contents for Chapter 11.04 (Parks, Park Facilities,
and Beaches) of Title 11 of the Code is hereby amended to read as follows:
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.
11.04.090
Abandoned Bicycle.
11.04.100
Violation of Rules and Policies of Department.
11.04.110
Ejection.
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11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
Section 516: Section 11.04.020 (Definitions) of Chapter 11.04 (Parks, Park
Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as follows:
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section.
"Beach" or "beaches" means any public ocean front or bay front beach within the City of
Newport Beach, including ocean or bay public piers, public floats, public wharves or
public strands adjoining public ocean front or bay front beach areas.
"Bicycle" means a device upon which any person may ride, which is propelled
exclusively by human power through a belt, chain, or gears, and which has one or more
wheels.
"Bicycle rack" means a structure or rack specifically designed for the fastening or
attaching of bicycles to the structure or rack.
"Director" means the Director of the Recreation and Senior Services Department.
"Instructional activity" means any educational or recreational program or activity
involving individual, team, or group instruction that is conducted or performed when
there is monetary consideration provided for participation in the program or activity that
occurs in a park, park facility, or on a beach.
"Park" or "park facility" means all publicly owned or leased property, grounds, parking
lots, roadways, venues, bike paths, walking or hiking trails, parks and park -related
buildings, facilities and improvements, together with the sidewalks or walkways abutting
or adjoining the same, and any school facilities when they are in use as recreational or
community center facilities and under the control of the Director.
"Park patrol" and "park patrol officer' means and includes the park patrol officers
authorized under Section 1.12.020.
"Regulations" means the provisions of this chapter and such rules, policies and
regulations established from time to time by the City Council or the Director for the
administration of this chapter.
Ordinance No. 2023-22
Page 256 of 470
Section 517: Section 11.04.050 (Closed Park Areas) of Chapter 11.04 (Parks,
Park Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as set
forth in the quotations below:
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the City
Manager, Director, Chief of Police, or Fire Chief 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."
Section 518: Section 11.04.080 (Smoking Prohibited) of Chapter 11.04 (Parks,
Park Facilities, and Beaches) of Title 11 of the Code is hereby deleted in its entirety.
Section 519: Section 11.04.090 (Abandoned Bicycle) of Chapter 11.04 (Parks,
Park Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as set
forth in the quotations below:
" 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. Code Section
2080 et seq."
Section 520: Section 11.04.140 (Penalty) of Chapter 11.04 (Parks, Park
Facilities, and Beaches) of Title 11 of the Code is hereby amended to read as set forth
in the quotations below:
"11.04.140 Penalty.
Unlawful sidewalk vending activities shall be punished in accordance with Chapter
5.97."
Section 521:The Table of Contents for Chapter 11.17 (Regulation of Vessels
Along the Pacific Ocean) of Title 11 of the Code is hereby amended to read as follows:
Ordinance No. 2023-22
Page 257 of 470
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
Vessel Storage Prohibited.
Section 522: Subsection (C) of Section 11.17.010 (Definitions) of Chapter 11.17
(Regulation of Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby
amended to read as set forth in the quotations below:
"C. Vessel. All watercraft, including boats and personal watercraft, that are required to
be numbered pursuant to the provisions of the Cal. Veh. Code."
Section 523: Subsection (C) of Section 11.17.020 (Vessel Launching and
Operation Prohibited) of Chapter 11.17 (Regulation of Vessels Along the Pacific Ocean)
of Title 11 of the Code is hereby amended to read as set forth in the quotations below:
"C. No person shall operate a vessel in any protected swimming area as specified in
Chapter 11.12 of this Code."
Section 524:11.17.030 (Exceptions) of Chapter 11.17 (Regulation of Vessels
Along the Pacific Ocean) of Title 11 of the Code is hereby amended to read as set forth
in the quotations below:
"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 political subdivision of the State.
B. Activity involving vessels if authorized pursuant to a permit issued in accordance
with the provisions of Chapter 11.03 of this Code and approved by the City Council.
C. The launching or operation of any vessel within the Dory Fishermen Fleet in the
area between the Newport Pier and the prolongation of the westerly boundary of the
Dory Fishermen Storage Shed."
Section 525: Section 11.17.050 (Penalty) of Chapter 11.17 (Regulation of
Vessels Along the Pacific Ocean) of Title 11 of the Code is hereby deleted in its entirety.
Ordinance No. 2023-22
Page 258 of 470
Section 526: The Table of Contents for Title 12 (Vehicles and Traffic) of the
Code is hereby amended to read as follows:
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 Parking 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
* Traffic Division and traffic engineers —See Chapter 2.32.
Off-street parking requirements —See Title 20.
Vehicles for hire, ambulances and taxicabs —See Chapters 5.12, 5.14 and 5.17.
Section 527:The Table of Contents for Chapter 12.04 (Definitions) of Title 12 of
the Code is hereby amended to read as follows:
Ordinance No. 2023-22
Page 259 of 470
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.
12.04.190
Police Officer.
12.04.200
Stop.
Section 528: Section 12.04.010 (Definition Provision) of Chapter 12.04
(Definitions) of Title 12 of the Code is hereby amended to read as set forth in the
quotations below:
"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. Code, 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."
Section 529: Section 12.04.110 (Street) of Chapter 12.04 (Definitions) of Title 12
of the Code is hereby deleted in its entirety.
Ordinance No. 2023-22
Page 260 of 470
Section 530: Section 12.04.180 (Person) of Chapter 12.04 (Definitions) of Title
12 of the Code is hereby deleted in its entirety.
Section 531: Subsection (A) of Section 12.08.135 (Cruising Prohibited) of
Chapter 12.08 (General Provisions) of Title 12 of the Code is hereby amended to read
as set forth in the quotations below:
"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), 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 shall be empowered to post the signs required by
this section."
Section 532:The Table of Contents for Chapter 12.12 (Vehicles on City
Property) of Title 12 of the Code is hereby amended to read as follows:
Chapter 12.12
VEHICLES ON CITY PROPERTY
Sections:
12.12.010 Parking.
12.12.020 Speed.
12.12.030 Traffic Control Devices.
12.12.050 Parking Fees for City Parking Lots.
12.12.080 Parking Restrictions for Motorcycles, Motor -Driven Cycles and
Motorized Bicycles.
Section 533: Subsection (C) of Section 12.12.010 (Parking) of Chapter 12.12
(Vehicles on City Property) of Title 12 of the Code is hereby amended to read as set
forth in the quotations below:
"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 Cal. Veh. Code Sections 22852 and 22853."
Section 534: Section 12.12.040 (Parking Meters on City Hall Property) of
Chapter 12.12 (Vehicles on City Property) of Title 12 of the Code is deleted in its
entirety.
Ordinance No. 2023-22
Page 261 of 470
Section 535: Subsection (A) of Section 12.16.060 (Exceptions) of Chapter 12.16
(Enforcement and Obedience) of Title 12 of the Code is hereby amended to read as set
forth in the quotations below:
"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 Cal. Veh. Code Section 165 in response to an emergency call."
Section 536: Subsection (B) of Section 12.20.010 (Authority to Install and
Maintain) of Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the
Code is hereby amended to read a as set forth in the quotations below:
"B. Installation. Whenever this Code or the Cal. Veh. Code 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."
Section 537: Section 12.20.020 (Appropriate Signs Requisite for Enforcement) of
Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the Code is hereby
amended to read as set forth in the quotations below:
"12.20.020 Appropriate Signs Requisite for Enforcement.
No provision of the Cal. Veh. 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 Cal. Veh. Code Section 22658."
Section 538: Section 12.20.040 (Installation of Traffic Signals) of Chapter 12.20
(Traffic Control Devices and Markings) of Title 12 of the Code is hereby amended to
read as set forth in the quotations below:
"12.20.040 Installation of Traffic Signals.
The City Traffic Engineer is hereby 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 to prevent or
relieve traffic congestion or to protect life or property from exceptional hazard.
Ordinance No. 2023-22
Page 262 of 470
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 the determinations therefrom shall be made in
accordance with those traffic engineering and safety standards and instructions set forth
in the "California Manual on Uniform Traffic Control Devices," issued by the California
Department of Transportation."
Section 539: Section 12.20.060 (Removal, Relocation or Discontinuation) of
Chapter 12.20 (Traffic Control Devices and Markings) of Title 12 of the Code is hereby
amended to read as set forth in the quotations below:
"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."
Section 540: Section 12.32.015 (Balboa Island Bridge Speed Restrictions) of
Chapter 12.32 (Restricted Use of Certain Streets) of Title 12 is hereby amended to read
as set forth in the quotations below:
"12.32.015 Balboa Island Bridge Speed Restrictions.
Pursuant to the procedures set forth in Cal. Veh. Code Section 22404, and after a public
hearing held thereon, the City Council has determined that the maximum speed limit
which can be maintained with safety on the Balboa Island Bridge shall be fifteen (15)
miles per hour."
Section 541: Subsection (E) of Section 12.32.075 (Balboa Peninsula Traffic
Access Control —Findings) of Chapter 12.32 (Restricted Use of Certain Streets) of Title
12 is hereby amended to read as follows:
"E. The City Council finds that the threat to the public health, safety and welfare
brought about by severe traffic congestion along the Balboa Peninsula can be
eliminated by authorizing the Chief of Police to restrict motor vehicle access to the
peninsula during times of significant traffic congestion and/or when conditions are such
that severe congestion will occur if access is not restricted."
Section 542: Section 12.32.080 (Balboa Peninsula Traffic Access Control
Points —Authorization to Establish) of Chapter 12.32 (Restricted Use of Certain Streets)
of Title 12 is hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 263 of 470
"12.32.080 Balboa Peninsula Traffic Access Control Points —Authorization to
Establish.
The Chief of Police shall be authorized to establish appropriate traffic access control
points along Balboa Boulevard when it is determined by the Newport Beach Police that:
A. Normal movement of traffic along Balboa Boulevard will be impaired such that
there is a threat to the health, safety and welfare of persons residing, working, or
present in and along the Balboa Peninsula and the congestion would be eliminated or
alleviated if access to the peninsula was controlled or restricted; or
B. Little or no vehicular flow is occurring along Balboa Boulevard, and a significant
number of vehicles are not promptly moving when an opportunity arises to do so. The
authority to establish traffic access control points shall cease at such time as reasonably
flowing traffic is restored."
Section 543: The Table of Contents for Chapter 12.36 (Stop and Yield —
Requirements —Signs) of Title 12 of the Code is hereby amended to read as follows:
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.
Section 544: Section 12.36.010 (Stop Signs) of Chapter 12.36 (Stop and Yield —
Requirements —Signs) of Title 12 of the Code is hereby amended to read as set forth in
the quotations below:
"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
Ordinance No. 2023-22
Page 264 of 470
highways together with such other highways as the City Council may by resolution from
time -to -time declare to be through highways."
Section 545: Section 12.36.020 (Yield Right -of -Way Signs) of Chapter 12.36
(Stop and Yield —Requirements —Signs) of Title 12 of the Code is hereby amended to
read as set forth in the quotations below:
"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."
Section 546: Section 12.36.040 (Stop Intersections Designated) of Chapter
12.36 (Stop and Yield —Requirements —Signs) of Title 12 of the Code is hereby deleted
in its entirety.
Section 547: The Table of Contents for Chapter 12.40 (Stopping, Standing, and
Parking Regulations) of Title 12 of the Code is hereby amended to read as follows:
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.
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.
Ordinance No. 2023-22
Page 265 of 470
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.
Section 548: Subsection (B) of Section 12.40.010 (Application of Regulations) of
Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is
hereby amended to read as set forth in the quotations below:
"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 Cal. Veh. 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."
Section 549: Section 12.40.035 (Parking on Private Streets and Drives) of
Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is
hereby amended to read as set forth in the quotations below s:
"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 this Code are erected or placed twenty-four (24) hours prior to the
violation."
Section 550: Section 12.40.055 (Parking of Certain Oversized Vehicles and
Nonmotorized Vehicles) of Chapter 12.40 (Stopping, Standing and Parking Regulations)
of Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in
Residential Districts Prohibited.
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. 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 use a generator that is associated
Ordinance No. 2023-22
Page 266 of 470
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 barbeque, a mat, recliner, table, or chairs.
B. Large Motor Vehicle Defined. For the purpose of this section, "large motor vehicle"
shall mean any motor vehicle eighty-four (84) inches or more in width AND more than
eighty-four (84) inches in height OR more than twenty-two (22) feet in length, with the
exception of heavy-duty commercial vehicles and nonmotorized vehicles as defined
below.
C. Heavy -Duty Commercial Vehicle Defined. For the purpose of this section, "heavy-
duty commercial vehicle" shall mean any commercial vehicle having more than two
axles, or any single commercial vehicle or combination of said vehicles which exceed
twenty (20) feet in length, any single commercial vehicle or combination of said vehicles
eighty-four (84) inches or more in width, or any single commercial vehicle or
combination of said vehicles having a manufacturer's gross vehicle weight rating of ten
thousand (10,000) pounds or more.
D. Nonmotorized Vehicle Defined. For the purpose of this section, "nonmotorized
vehicle" shall mean any trailer or any other device which is not self-propelled.
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, R-BI, R-2, RM, RMD PRD
(planned residential district), and those portions of planned community districts and
specific plan districts which are specified for residential uses.
F. Measurements. To determine the width or length of the vehicles defined in this
section, any extension to the vehicle caused by mirrors, air conditioners, or similar
attachments shall not be included.
G. Exceptions. The prohibition set forth in subsection (A), shall not apply to the
following:
1. Large motor vehicles, or nonmotorized vehicles which are attached to a motor
vehicle, parked for less than twenty-four (24) consecutive hours if parked adjacent to
the owner's residence for the purposes of loading, unloading, cleaning, battery -
charging, or other activity preparatory or incidental to travel;
Ordinance No. 2023-22
Page 267 of 470
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;
3. Nonmotorized vehicles parked at the designated boat launching area at 18th
Street and Bay Avenue;
4. To any motor vehicle or nonmotorized vehicle parked to make emergency
repairs to such vehicle, repairs to adjacent property, or to make deliveries to adjacent
property;
5. To any motor vehicle displaying authorized placards or license plates pursuant
to the Cal. Veh. Code Sections 5007 and 22511.55 identifying the physically
handicapped or disabled person.
6. Any motor vehicle or non -motorized vehicle, currently registered and licensed
by the Department of Motor Vehicles, that is parked in the REQ (SP 7) district of Santa
Ana Heights for the express purpose of loading/unloading or standing for a period not to
exceed seventy-two (72) hours. This exemption is exclusively for vehicles involved with
the transportation of horses and does not pertain to any commercial vehicle not involved
with the movement and placement of horses.
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."
Section 551: Section 12.40.080 (Parking Parallel with Curb) of Chapter 12.40
(Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby
amended to read as set forth in the quotations below:
"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
Ordinance No. 2023-22
Page 268 of 470
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."
Section 552: Section 12.40.100 (Angle Parking Streets) of Chapter 12.40
(Stopping, Standing and Parking Regulations) of Title 12 of the Code is hereby
amended as set forth in the quotations below:
"12.40.100 Angle Parking Streets.
Upon the following described streets, all parking of motor vehicles shall be angle
parking:
Lido Park Drive, southwesterly side only, from 28th Street to a point four hundred and
five (405) feet northwesterly.
McFadden Place, from Balboa Boulevard to Ocean Front.
Ocean Front, from McFadden Place to 24th Street.
15th Street, from Irvine Avenue to Clay Street, and its northerly extension.
15th Street, from Ocean Front to Newport Bay.
17th Street, east side only, from first alley, south of Balboa Boulevard to Ocean Front.
28th Street, north side only, from Balboa Boulevard to Newport Boulevard.
Hilaria Way, cul-de-sac portions, westerly of and easterly of Flagship Road.
Avon Avenue, westerly of Riverside Avenue.
Villa Way, west side only, from 32nd Street to the alley southerly of 32nd Street.
32nd Street from Villa Way to Newport Boulevard.
The Arcade."
Section 553: Subsection (C) of Section 12.40.160 (Prohibited Parking Areas) of
Chapter 12.40 (Stopping, Standing and Parking Regulations) of Title 12 of the Code is
hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 269 of 470
"C. Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop
sign, or official traffic control device."
Section 554: Section 12.44.030 (Off -Street Parking Meter Zones) of Chapter
12.44 (Stopping, Standing and Restrictions) of Title 12 of the Code is hereby amended
to read as set forth in the quotations below:
"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."
Section 555:Subsection (A) of Section 12.44.125 (Commercial In -Lieu Parking
Fees) of Chapter 12.44 (Stopping, Standing and Restrictions) of Title 12 of the Code is
hereby amended to read as set forth in the quotations below:
"A. Permit Required. In lieu of providing the required off-street parking on site pursuant
to Title 20 of this 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."
Section 556:The Table of Contents for Chapter 12.46 (Parking for Persons with
Disabilities) of Title 12 of the Code is hereby amended to read as follows:
Chapter 12.46
PARKING FOR PERSONS WITH DISABILITIES
Sections:
12.46.010 Parking for Persons with Disabilities.
12.46.020 Establishment of On -Street Parking Spaces.
12.46.030 Establishment of Off -Street Parking Spaces.
12.46.040 Unauthorized Parking Prohibited.
Section 557: Section 12.46.010 (Parking for Persons with Disabilities) of Chapter
12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended
to read as set forth in the quotations below:
"12.46.010 Parking for Persons with Disabilities.
Ordinance No. 2023-22
Page 270 of 470
This ordinance shall be known and may be cited as the Parking for Persons with
Disabilities Ordinance of the City of Newport Beach."
Section 557: Section 12.46.020 (Establishment of On -Street Parking Spaces) of
Chapter 12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby
amended to read as set forth in the quotations below:
"12.46.020 Establishment of On -Street Parking Spaces.
When so directed by a resolution of the City Council, the City Traffic Engineer is
authorized to designate parking spaces for the exclusive use of persons who are
physically disabled and whose vehicles display a distinguishing placard or license plate
issued to individuals with disabilities, as specified in the Cal. Veh. Code.
Such parking space shall be indicated by blue paint on the curb or on the edge of the
paved portion of the street adjacent to the space. In addition to blue paint, this space
may also be indicated by standard approved signs consisting of a profile view of a
wheelchair with occupant in white on a blue background posted immediately adjacent
to, or visible from, each parking space."
Section 558: Section 12.46.030 (Establishment of Off -Street Parking Spaces) of
Chapter 12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby
amended to read as set forth in the quotations below:
"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 individuals who are physically handicap and whose
vehicles display a distinguishing placard or license plate issued to persons with
disabilities pursuant to the Cal Veh. Code.
B. The City may cause the removal, from a stall or space designated for persons who
are physically handicap, of any vehicle not displaying one of the distinguishing placards
or license plates authorized by the Cal. Veh. 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
persons with physical disabilities will be towed away at owner's expense. Towed
vehicles may be reclaimed at the Police Department, 870 Santa Barbara Drive, Newport
Beach, California, or by telephoning the Police Department at 644-3717."'
Ordinance No. 2023-22
Page 271 of 470
Section 559: Section 12.46.040 (Unauthorized Parking Prohibited) of Chapter
12.46 (Parking for Persons with Disabilities) of Title 12 of the Code is hereby amended
to read as set forth in the quotations below:
"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 pursuant to Cal. Veh. Code
Sections 5007, 22511.55 or 22511.59."
Section 560:The Table of Contents for Chapter 12.52 (One -Way Streets and
Alleys) of Title 12 of the Code is hereby amended to read as follows:
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
Lido Isle.
Section 561: Section 12.52.080 (Newport Heights) of Chapter 12.52 (One -Way
Streets and Alleys) of Title 12 of the Code is hereby deleted in its entirety.
Section 562: Without making any other changes to the other definitions set forth
in Section 12.54.020, the definition of "Electric bicycle", "Electrically motorized board",
"Motorized bicycle" and "Motorized scooter" set forth in Section 12.54.020 (Definitions)
of Chapter 12.54 (Oceanfront Boardwalk Safety Program) of Title 12 of the Code are
hereby amended as follows:
"Electric bicycle" has the same meaning as defined in Cal Veh. Code Section 312.5.
"Electrically motorized board" has the same meaning as defined in Cal. Veh. Code
Section 313.5.
"Motorized bicycle" has the same meaning as defined in Cal. Veh. Code Section 406.
"Motorized scooter" has the same meaning as defined in Cal. Veh. Code Section 407.5.
Ordinance No. 2023-22
Page 272 of 470
Section 563: Subsection (B) of Section 12.55.070 (Penalties) of Chapter 12.54
(Oceanfront Boardwalk Safety Program) of Title 12 of the Code is hereby amended to
read as set forth in the quotations below:
"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 this Code."
Section 564: Section 12.56.050 (Designation of Bicycle Lanes) of Chapter 12.56
(Bicycles —Registration and Regulations) of Title 12 of the Code is hereby amended to
read as set forth in the quotations below:
"12.56.050 Designation of Bicycle Lanes.
The 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."
Section 565: Section 12.56.080 (Motorized Bicycles) of Chapter 12.56
(Bicycles —Registration and Regulations) of Title 12 of the Code is hereby amended to
read as set forth in the quotations below:
"12.56.080 Motorized Bicycles.
The licensing requirements of this chapter are applicable to motorized bicycles as that
term is defined by Cal. Veh. Code Section 406."
Section 566:Section 12.62.030 (Issuance of Permit) of Chapter 12.62
(Temporary Street Closure) of Title 12 of the Code is hereby amended to read as set
forth in the quotations below:
"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 Manager may either deny the same or refer the
application to the City Council for a decision. If the City Manager decides to not issue
the permit, the City Manager shall notify the applicant in writing, in the manner provided
in Section 1.08.080, of the City Manager's decision to deny the permit and of the 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.
Ordinance No. 2023-22
Page 273 of 470
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
ensure 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. Insurance, which types and amounts shall be determined by the Risk Manager.
B. A 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."
Section 567: Section 12.62.040 (Appeal and Call for Review) of Chapter 12.62
(Temporary Street Closure) of Title 12 of the Code is hereby amended to read as set
forth in the quotations below:
"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 (5) 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.
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 the notification of the applicant of the action of the City
Manager and of the right to appeal such action to the City Council, which notice shall be
served in the manner provided in Section 1.08.080."
Section 568:Subsection (B) of Section 12.63.010 (Purpose and Intent) of
Chapter 12.63 (Solid Waste Management) of title 12 of the Code is hereby amended to
read as set forth in the quotations below:
Ordinance No. 2023-22
Page 274 of 470
"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."
Section 569: Section 12.63.020 (Definitions) of Chapter 12.63 (Solid Waste
Management) of Title 12 of the Code is hereby amended to read as follows:
12.63.020 Definitions.
For purposes of this chapter, certain terms are defined as follows:
"Collect" or "Collection" means the operation of gathering together and/or transporting
by means of a motor vehicle or other means, any solid waste or recyclable material.
"Commercial premises" means all occupied real property in the City including, without
limitation, multiple housing (including housing projects containing or consisting of four or
more units, whether apartment houses, condominiums, or mixed use projects, mixed
use condominiums and rental housing, and which use commercial solid waste
containers), wholesale or retail establishments, restaurants, other food establishments,
bars, stores, shops, offices, mechanized manufacturing facilities, repair, research and
development or professional services, sports or recreational facilities, industrial facilities,
and construction and demolition sites; but shall not include property occupied by
governmental agencies which do not consent to their inclusion, and residential premises
which receive solid waste collection services using residential solid waste containers.
"Commercial solid waste container" means any container for the temporary
accumulation and collection of solid waste.
"Commercial solid waste handling services" means the collection, transportation,
storage, transfer, disposal or processing of solid waste by private solid waste
enterprises, and shall include, without limitation, the placement of commercial solid
waste containers on public property.
"Container" means any vessel, tank, receptacle, box or bin used or intended to be used
in the storage or collection of recyclable materials or in the process of recycling, or for
the purpose of holding solid waste for storage or collection.
"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
Ordinance No. 2023-22
Page 275 of 470
resulting from the franchisee's exercise of its rights under the franchise, reporting
requirements and other related expenses.
"Franchisee" means any person granted a franchise by the City Council pursuant to
Article XIII of the City Charter and this chapter.
"Garbage" means kitchen and table wastes, and animal or vegetable wastes that result
from the storage, preparation, cooking or handling of food or edible items.
"Green waste" means any debris that is composed of organic material or plantlike
matter which is a result of seasonal variations, landscape or gardening activities. This
waste is to include, without limitation, grass clippings, leaves, shrubs, trees, branches,
stumps, flowers, plant stalks and wood.
"Gross receipts" means all money, whether paid by cash, check, debit or credit, or other
consideration collected from customers by franchisee that relates in any way to
commercial solid waste handling services, whether the commercial solid waste handling
services occur wholly or partially within the City, including, but not limited to, collection,
removal, and/or disposal of garbage, solid waste, construction and demolition debris,
green waste, industrial waste, roofing materials, trash, litter, refuse and/or rubbish, as
well as fuel surcharges. Gross receipts shall also include all money received by any
person other than the franchisee, where the money was paid to the person to avoid the
franchisee's obligations under this chapter and/or the franchise. Gross receipts shall not
include, or if included there shall be deducted (but only to the extent they have been
included), the following: (1) if any sales taxes are levied on the franchisee's commercial
solid waste handling services in the City, the amount of State sales taxes collected in
connection with the commercial solid waste handling services in the City and remitted to
the State pursuant to State law; (2) the amount of documented bad debt write-offs due
to uncollectible accounts for commercial solid waste handling services in the City, not to
exceed three percent of gross receipts; and (3) revenues collected for commercial solid
waste handling services provided on behalf of the City through a written contract.
"Hazardous waste" means any substance or waste materials or mixture of wastes
defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to Cal.
Pub. 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 ("HSAX),
codified at Cal. Health & Saf. 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
Ordinance No. 2023-22
Page 276 of 470
hazardous or solid waste, the term "hazardous substance" or "hazardous waste" shall
be construed to have the broader, more encompassing definition.
"Industrial waste" means solid waste originating from mechanized manufacturing
facilities, factories, refineries, construction and demolition projects, publicly operated
treatment works, or solid waste placed in commercial solid waste containers excluding
hazardous waste.
Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace.
"Recycling requirements" means the obligations imposed by or upon the City pursuant
to State law, ordinance, resolution, policy, plan or program relative to recycling all, or a
portion, of the solid waste stream generated within the City including, without limitation,
State mandates to recycle fifty (50) percent of the solid waste generated within our
jurisdiction and the provision of City -approved recycling services to all customers.
"Rubbish" means and includes without limitation the following items: all waste and
refuse capable of burning readily, including straw, packing materials, leather, rubber,
clothing, bedding, books, rags and all other similar articles which will burn by contact
with flames or ordinary temperature; ashes, crockery, china, pottery, metal wire and
other similar materials which are rejected by the owner or producer thereof.
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes,
generated in or upon, related to the occupancy of, remaining in or emanating from
residential, commercial, and/or industrial premises, including, but not limited to,
garbage, trash, refuse, paper, rubbish, ashes, industrial waste, green waste, demolition
and construction wastes, discarded home and industrial appliances, manure, vegetable
or animal solid or semisolid wastes, and other solid and semisolid wastes. This excludes
liquid wastes, abandoned vehicles and hazardous, biohazardous and biomedical
wastes.
"Solid waste enterprise" means any individual, firm, partnership, corporation, joint
venture, limited liability company or other business entity providing commercial solid
waste handling services in the City.
"SRRE" means the Source Reduction and Recycling Element of the Integrated Waste
Management document for the City prepared and updated pursuant to the Cal. Pub.
Resources Code.
Section 570: Subsections (A), (13)(7) and (E) of Section 12.63.050 (Application
for Franchise) of Chapter 12.63 (Solid Waste Management) of Title 12 of the Code are
hereby amended to read as set forth below:
Ordinance No. 2023-22
Page 277 of 470
Subsection (A) of Section 12.63.050 shall read as set forth in the quotations
below:
"A. Required Forms. An application for a franchise shall be filed in the office of the
Public Works Department in writing on forms prescribed by the Public Works Director."
Subsection (8)(7) of Section 12.63.050 shall read as set forth in quotations
below:
7. Such further information as the Public Works Director may reasonably require to
evaluate and process the application."
Subsection (E) of Section 12.63.050 shall read as set forth in quotations below:
"E. Waivers. The Public Works Director may waive the submission of items deemed
unnecessary."
Section 571: Section 12.63.060 (Public Works Department Review) of Chapter
12.63 (Solid Waste Management) of Title 12 of the Code is hereby amended to read as
set forth in the quotations below:
"12.63.060 Municipal Operations Department Review.
A. Time Limits and Notification. Within thirty (30) calendar days of the filing of an
application, the 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
Public 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) 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."
Section 572:Section 12.63.070 (Processing the Application) of Chapter 12.63
(Solid Waste Management) of Title 12 of the Code is hereby amended to read as set
forth in the quotations below:
Ordinance No. 2023-22
Page 278 of 470
"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 Director,
the Public Works Director shall process the application in accordance with the
provisions of this chapter and Article XI II of the City Charter for consideration by the City
Council."
Section 573: Subsection (B) of Section 12.63.090 (Franchise Fees and
Environmental Liability Fund Fees) of Chapter 12.63 (Solid Waste Management) of Title
12 of the Code is hereby amended to read as set forth in the quotations below:
"B. Pursuant to Cal. Pub. Resources Code, Division 30, Part 2, Chapter 8, 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. Pub. Resources Code
Section 41901."
Section 574: Section 12.63.130 (City Inspection Authority) of Chapter 12.63
(Solid Waste Management) of Title 12 of the Code is hereby amended to read as set
forth in the quotations below:
"12.63.130 City Inspection Authority.
Any franchisee providing commercial solid waste handling services or conducting a
solid waste enterprise in the City 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 conducted by the person in the City for a
period of three (3) years after said service was provided and shall make these records
and documents available to the City upon request by the City Manager, Public Works
Director or Finance Director."
Section 575: Subsections (B) and (E) of Section 12.63.140 (Termination) of
Chapter 12.63 (Solid Waste Management) of Title 12 of the Code are hereby amended
to read as set forth below:
Subsection (8) of Section 12.63.140 shall read as set forth in the quotations
below:
"B. A notice of intent to terminate a nonexclusive franchise shall be personally
delivered or mailed, at the discretion of the Public Works Director, to the franchisee at
the franchisee's address of record, shall state grounds for suspension or termination
Ordinance No. 2023-22
Page 279 of 470
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."
Subsection (E) of Section 12.63.140 shall read as set forth in the quotations below:
"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 1094.5. Any suspension of a nonexclusive
franchise shall state specific conditions upon which the nonexclusive franchise may be
reinstated or terminated."
Section 576:The Table of Contents for Chapter 12.64 (Vehicular Nuisances) of
Title 12 of the Code is hereby amended to read as follows:
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.
Section 577: Section 12.64.070 (Appeal or Call for Review) of Chapter 12.64
(Vehicular Nuisances) of Title 12 of the Code is hereby amended to read as set forth in
the quotations below:
"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.
Ordinance No. 2023-22
Page 280 of 470
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."
Section 578: Section 12.64.080 (Violation —Penalties) of Chapter 12.64
(Vehicular Nuisances) of Title 12 of the Code is hereby deleted in its entirety.
Section 579: Section 12.64.090 (Separability) of Chapter 12.64 (Vehicular
Nuisances) of Title 12 of the Code is hereby deleted in its entirety.
Section 580: Section 12.66.010 (Intent and Purpose) of Chapter 12.66 (Private
Roads) of Title 12 of the Code is hereby amended to read as set forth in the quotations
below:
"12.66.010 Intent and Purpose.
This chapter is designed to provide for the application of the provisions of the Cal. Veh.
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 Cal. Veh. 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 Cal. Veh. Code as codified in Title 12 of this Code."
Section 581: Section 12.66.020 (Signs) of Chapter 12.66 (Private Roads) of Title
12 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Veh. Code."
Section 582: Section 12.66.030 (Application of Vehicle Code to Private Roads in
The Big Canyon Planned Community District) of Chapter 12.66 (Private Roads) of Title
12 of the Code is hereby amended to read as set forth in the quotations below:
"12.66.030 Application of Vehicle Code to Private Roads in The Big Canyon
Planned Community District.
Ordinance No. 2023-22
Page 281 of 470
The provisions of the Cal. Veh. 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."
Section 583: Section 12.66.050 (Application of Vehicle Code to Private Roads in
Newport Condominiums) of Chapter 12.66 (Private Roads) of Title 12 of the Code is
hereby amended to read as follows:
12.66.050 Application of Vehicle Code to Private Roads in Newport
Condominiums.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Newport Condominiums residential development in the City:
Sundance Drive
Surfside Court
Latitude Court
Riptide Court
Seamist Circle
Starfish Court
Sandflower Court
Sand Dollar Court
Seabird Court
Walkabout Circle
Discovery Drive
Summerwalk Court
Northwind Court
Big Dipper Court
Moonrise Court
Windsong Court
Starburst Court
Section 584: Section 12.66.060 (Application of Vehicle Code to Private Roads in
Broadmoor Seaview Development) of Chapter 12.66 (Private Roads) of Title 12 of the
Code is hereby amended to read as follows:
12.66.060 Application of Vehicle Code to Private Roads in Broadmoor Seaview
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Broadmoor Seaview residential development in the City:
Yacht Coquette
Yacht Colinia
Yacht Camilla
Yacht Mischief
Yacht Defender
Yacht Radiant
Yacht Reliance
Yacht Yankee
Yacht Volante
Yacht Maria
Yacht Grayling
Yacht Enchantress
Ordinance No. 2023-22
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Yacht Wanderer
Yacht Vigilant
Yacht Vindex
Yacht Resolute
Yacht Truant
Yacht Julia
Yacht Puritan
Yacht Daphne
Section 585: Section 12.66.062 (Application of Vehicle Code to Private Roads in
the Belcourt Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is
hereby amended to read as follows:
12.66.062 Application of Vehicle Code to Private Roads in the Belcourt
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Belcourt residential development in the City:
Barrenger Court
Haverfield
Bayridge Drive
Hillsdale Drive
Belcourt Drive
Huntington Court
Bexley Drive
Leesbury Court
Bradbury
Northampton Court
Brittany
Rockingham Road
Chadbourne Court
Seaborough
Chatham Court
Southampton Court
Cheshire Court
Westport
Chesterfield
Weybridge Court
Hartford Drive
Weymouth Court
Woodburne
Section 586: Section 12.66.064 (Application of Vehicle Code to Private Roads in
the Harbor Pointe Development) of Chapter 12.66 (Private Roads) of Title 12 of the
Code is hereby amended to read as follows:
12.66.064 Application of Vehicle Code to Private Roads in the Harbor Pointe
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Harbor Pointe residential development in the City:
Harbor Pointe
Ordinance No. 2023-22
Page 283 of 470
Section 587: Section 12.66.070 (Application of Vehicle Code to Private Roads in
the Sea Island Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is
hereby amended to read as follows:
12.66.070 Application of Vehicle Code to Private Roads in the Sea Island
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Sea Island residential development in the City:
Island Lagoon Drive
Sea Vista Drive
Sea Cove Lane
Seabrook Cove
Ocean Vista
Bay Cove Lane
Section 588: Section 12.66.080 (Application of Vehicle Code to Private Roads in
the Sea Island Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code is
hereby amended to read as follows:
12.66.080 Application of Vehicle Code to Private Roads in Harbor Ridge
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Harbor Ridge residential development in the City:
Bordeaux
Napoli
Cherbourg
Narbonne
Coventry
Ridgeline Drive
Crestwood Drive
Salzburg
Geneve
San Sebastian
Harbor Ridge Drive
St. Tropez
Kensington Court
Strafford
La Rochelle
Toulon
Lucerne
Trafalgar
Monaco
Vienna
Montpellier
Wellington Court
Yorkshire
Ordinance No. 2023-22
Page 284 of 470
Section 589: Section 12.66.082 (Application of Vehicle Code to Private Roads in
the Terraces of Corona del Mar Development) of Chapter 12.66 (Private Roads) of Title
12 of the Code is hereby amended to read as follows:
12.66.082 Application of Vehicle Code to Private Roads in the Terraces of Corona
del Mar Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in The
terraces of Corona del Mar residential development in the City:
Narcissus Avenue
Lilac Avenue
Geranium Avenue
Poppy Avenue
Daffodil Avenue
Poppy Lane
Section 590: Section 12.66.083 (Application of Vehicle Code to Bayview Circle)
of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to as set
forth in the quotations below:
"12.66.083 Application of Vehicle Code to Bayview Circle.
The provisions of the Cal. Veh. Code shall apply to Bayview Circle."
Section 591: Section 12.66.085 (Application of Vehicle Code to Private Roads)
of Chapter 12.66 (Private Roads) of Title 12 of the Code is hereby amended to read as
set forth in the quotations below:
"12.66.085 Application of Vehicle Code to Private Roads.
Cal. Veh. Code Section 22514 which prohibits parking within fifteen (15) feet of a fire
hydrant shall apply to all private streets within the City."
Section 592: Section 12.66.087 (Application of Vehicle Code to Private Roads in
the Newport North Villas Development) of Chapter 12.66 (Private Roads) of Title 12 of
the Code is hereby amended to read as follows:
12.66.087 Application of Vehicle Code to Private Roads in the Newport North
Villas Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Newport North Villas residential development in the City:
Corte Portofino Corte San Rafael
Corte Hermosa Corte Linda
Ordinance No. 2023-22
Page 285 of 470
Corte Portal Corte Caleta
Corte Marin
Section 593: Section 12.66.088 (Application of Vehicle Code to Private Roads in
the Villa Balboa Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code
is hereby amended to read as follows:
12.66.088 Application of Vehicle Code to Private Roads in the Villa Balboa
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Villa Balboa Development in the City:
Nice Lane
Cagney Lane, south of Nice Lane
Paris Lane
Stare Lane
Reims Lane
Lille Lane
Section 594: Section 12.66.090 (Application of Vehicle Code to Private Roads in
the Harbor Cove Development) of Chapter 12.66 (Private Roads) of Title 12 of the Code
is hereby amended to read as follows:
12.66.090 Application of Vehicle Code to Private Roads in the Harbor Cove
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Harbor Cove Development:
Arch Bay Drive Sea Ridge Drive
High Bluff Drive Spring Tide Drive
Newporter Way
Section 595: Section 12.66.092 (Application of Vehicle Code to Private Roads in
the Baypointe Apartments Development) of Chapter 12.66 (Private Roads) of Title 12 of
the Code is hereby amended to read as follows:
12.66.092 Application of Vehicle Code to Private Roads in the Baypointe
Apartments Development.
Ordinance No. 2023-22
Page 286 of 470
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Baypointe Apartments Development in the City:
Baypointe Drive
Section 596: Section 12.66.094 (Application of Vehicle Code to Private Roads in
the Jasmine Park Development) of Chapter 12.66 (Private Roads) of Title 12 of the
Code is hereby amended to read as follows:
12.66.094 Application of Vehicle Code to Private Roads in the Jasmine Park
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Jasmine Park Development in the City:
Hibiscus Court Sandcastle Drive
Gardenia Way
Section 597: Section 12.66.096 (Application of Vehicle Code to Private Roads in
the One Ford Road Development) of Chapter 12.66 (Private Roads) of Title 12 of the
Code is hereby amended to read as follows:
12.66.096 Application of Vehicle Code to Private Roads in the One Ford Road
Development.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
One Ford Road Development in the City:
Southern Hills Drive
Old Course Drive
Troon Drive
Turnberry Drive
Crooked Stick Drive
Turtle Bay Drive
Oyster Bay Drive
Sawgrass Drive
Edgewood Drive
Long Bay Drive
Spanish Bay Drive
Single Tree Drive
Country Club Road
Jupiter Hills Drive
Gleneagles Drive
Oak Tree Drive
Honors Drive
Colonial Drive
Vintage Drive
Thunderbird Drive
Maidstone Drive
Ironwood Drive
Ordinance No. 2023-22
Page 287 of 470
Section 598: Section 12.66.098 (Application of Vehicle Code to Private Roads in
the Newport Ridge North Community) of Chapter 12.66 (Private Roads) of Title 12 of
the Code is hereby amended to read as follows:
12.66.098 Application of Vehicle Code to Private Roads in the Newport Ridge
North Community.
The provisions of the Cal. Veh. Code shall apply to the following private streets in the
Newport Ridge North residential development in the City:
Bandol
Nerval
Bargemon
Riez
Cavaillon
Rivage
Chambord
Rochelle
Fayence
Ronsard
Ferrand
Seyne
Fontaine
Sommet
Harcourt
Tarascon
Darden
Vernon
Le Mans
Vincennes
Musset
Section 599: Subsection (C) of Section 12.68.040 (Preferential Parking
Privileges —Issuance of Permits) of Chapter 12.68 (Residents' Preferential Parking) of
Title 12 of the Code is hereby amended to read as set forth in the quotations below:
"C. Duration of Permits. Permits issued pursuant to this section shall remain effective
for one year, commencing January 1 st and ending December 31 st, or fraction thereof,
or until the preferential parking zone for which such permit was issued is eliminated,
whichever period is less."
Section 600: The Table of Contents for Chapter 13.01 (Street Construction
Permits) of Title 13 of the Code is hereby amended to read as follows:
Chapter 13.01
STREET CONSTRUCTION PERMITS
Sections:
Ordinance No. 2023-22
Page 288 of 470
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.
Section 601: Section 13.01.040 (Fees) of Chapter 13.01 (Street Construction
Permits) of Title 13 of the Code is hereby amended to read as set forth in the quotations
below:
A 3.01.040 Fees.
An application for permit shall be accompanied by a fee 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."
Section 602: Section 13.01.070 (Bonds and Insurance) of Chapter 13.01 (Street
Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in
the quotations below:
"13.01.070 Bonds.
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;
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;
C. Insurance, which types and amounts shall be determined by the Risk Manager;
and
Ordinance No. 2023-22
Page 289 of 470
D. Such other bonds, policies of insurance or guarantees, as may be determined
necessary or appropriate by the Public Works Director and Risk Manager, to ensure
that City is protected from loss, liability, claim or damage that may arise out of, or any
way relate to, the performance of work pursuant to the permit."
Section 603: Section 13.01.080 (Appeal or Call for Review) of Chapter 13.01
(Street Construction Permits) of Title 13 of the Code is hereby amended to read as set
forth in the quotations below:
"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 1.08.080. 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 subject to
judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 604: Section 13.01.090 (Datum Plane) of Chapter 13.01 (Street
Construction Permits) of Title 13 of the Code is hereby amended to read as set forth in
the quotations below:
"13.01.090 Datum Plane.
The North American Vertical Datum of 1988 (NAVD 88) 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."
Ordinance No. 2023-22
Page 290 of 470
Section 605: Section 13.01.100 (Duty of Property Owners to Repair and
Maintain) of Chapter 13.01 (Street Construction Permits) of Title 13 of the Code is
hereby amended to read as set forth in the quotations below:
"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 Cal. Sts. & Hy. Code of Section 5600, 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 Cal. Sts. & Hy. Code Sections 5610-5618."
Section 606: Section 13.06.070 (Right of Appeal and Call for Review) of Chapter
13.06 (Curb Cuts and Other Alterations to Public Streets) of Title 13 of the Code is
hereby amended to read as set forth in the quotations below:
"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 the 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 1094.5. The City Clerk shall notify the property owner of
the decision of the City Council in the manner provided in Section 1.08.080."
Section 607: Section 13.07.010 (Establishment of Nuisance Abatement
Procedure) of Chapter 13.07 (Replacement of Curb Cuts and Driveway Approaches) of
Chapter 13.07 (Replacement of Curb Cuts and Driveway Approaches) of Title 13 of the
Code is hereby amended to read as set forth in the quotations below:
"13.07.010 Establishment of Nuisance Abatement Procedure.
Ordinance No. 2023-22
Page 291 of 470
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 City Charter Section 200 and
Cal. Gov. Code Section 38773.5."
Section 608: The Table of Contents for Chapter 13.08 (Planting) of Title 13 of the
Code is hereby amended to read as follows:
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.
Section 609: Section 13.08.010 (Jurisdiction and Authority) of Chapter 13.08
(Planting) of Title 13 of the Code is hereby amended to read as set forth in the
quotations below:
"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 under the control of the City, and shall have the
authority and duties prescribed in this chapter."
Section 610: Section 13.08.020 (Official Tree List) of Chapter 13.08 (Planting) of
Title 13 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Ordinance No. 2023-22
Page 292 of 470
Section 611: Subsection (D) of Section 13.08.050 (Prohibited Activities) of
Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to read as set forth
in the quotations below:
"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 Deputy Public Works
Director — Municipal Operations, trim, cut or break any part of such tree, shrub, or plant
to make passage for electric wires."
Section 612: Section 13.08.060 (Owners of Premises Required to Trim
Branches) of Chapter 13.08 (Planting) of Title 13 of the Code is hereby amended to
read as set forth in the quotations below:
"13.08.060 Owners of Premises Required to Trim Branches.
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 property line and the curb of the street including,
but not limited to, all landscaping, plants and grass in the parkway; and
B. Trim the branches of any tree, shrub, or plant on the property and 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."
Section 613: Section 13.09.010 (Parkway Trees Required) of Chapter 13.09
(Parkway Trees) of Title 13 of the Code is hereby amended to read as set forth in the
quotations below:
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
Ordinance No. 2023-22
Page 293 of 470
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."
Section 614: Section 13.18.010 (Applicability) of Chapter 13.18 (Use of Public
Sidewalks for Outdoor Dining) of Title 13 of the Code is hereby amended to read as set
forth in the quotations below:
"13.18.010 Applicability.
Notwithstanding any other provisions of this Code, 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 Policy
regarding sidewalk cafe standards and procedures."
Section 615:The Table of Contents for Chapter 13.20 (Public Rights -of -Way) of
Title 13 of the Code is hereby amended to read as follows:
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
13.20.120
13.20.130
13.20.140
13.20.150
13.20.160
13.20.170
13.20.180
13.20.190
13.20.200
Post -Excavation Repair and Maintenance.
Coordination of Excavation.
Financial Security and Fees.
Duty to Remove Facilities from
Construction and Maintenance.
Construction Default.
City Vacation or Abandonment.
Facilities Agreements.
System Location Data.
Indemnity.
PROW and Public Property.
Ordinance No. 2023-22
Page 294 of 470
13.20.210 Insurance.
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.
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.
Section 616: Section 13.20.020 (Definitions) of Chapter 13.20 (Public Rights -of -
Way) of Title 13 of the Code is hereby amended to read as set forth below:
13.20.020 Definitions.
For purposes of carrying out the intent of this chapter, the following words, phrases, and
terms shall have the meanings set forth below unless a different meaning is clearly
intended by the use and context of the word, phrase, or term.
Words, terms or phrases not defined in this section shall have the meaning defined in
Section 1.08.120 of this Code, or if applicable, the meaning or connotation used in any
industry, business, trade, or profession where they commonly carry special meanings.
"Above ground facility" or "AGF" means all structures, poles, pedestals, cabinets,
electric meters and any other facility installed above surrounding grade in the PROW
excluding antennas.
"Cable(s)" means any wire, coax, fiber or conduit used to house the same.
"Cable Operator" or "cable service" or "cable system" or "cable television system" shall
have the same meaning in this chapter as in Chapter 5.44. "California Public Utilities
Commission" or "CPUC" means the California Public Utilities Commission.
"Company" means any person or authorized agent of any person who is seeking to
obtain or has obtained a franchise, agreement, permit, or license to install, operate,
maintain, or reconstruct facilities used to provide service(s), regardless of whether
company is deemed a public utility by the California Public Utilities Commission, or a
special district, formed and operating under the laws of the State of California, and
company's lawful successors, transferees, or assignees.
"Construction Plan" means a plan that describes in detail the designs, locations, and an
estimated time schedule for the facilities.
Ordinance No. 2023-22
Page 295 of 470
"Department" means the Department of Public Works.
"Director" means the Director of the City's Department of Public Works.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, hand hole or facility that is or will be available for use by third party facilities.
"Facility" or "facilities" means any cable or other wire or line, pipeline, pipes, duct,
conduit, converter, cabinet, pedestal, meter, tunnel, vault, equipment, drain, manhole,
splice box, surface location marker, pole, structure, utility, or other appurtenance,
structure, property, or tangible thing owned, leased, operated, or licensed by company
to provide services, excluding antennas, that are located or are proposed to be located
on the PROW.
"Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account environmental, physical, legal, and
technological factors.
"Franchise" means a written contract or agreement executed between company and the
City.
"Public property" means all real property and improvements owned, operated or
controlled by City, other than public right-of-way, within the City's jurisdiction. City
property includes, but is not limited to City Hall, police and fire facilities, recreational
facilities, parks, libraries, streetlights and traffic lights.
"Public utility" means a CPUC regulated service provided by a public utility provider.
"Public utility provider" means a company that is regulated by and received a Certificate
of Public Convenience and Necessity (CPCN) from the CPUC, to provide a CPUC
regulated service.
"Public right-of-way" or "PROW" means the improved or unimproved surface of and the
space above and below a City easement for public utility purposes, or street, or similar
public way of any nature, dedicated or improved for vehicular, bicycle, and/or pedestrian
related use now or hereafter held by City, however acquired.
"Service(s)" shall include, but not be limited to, public utilities, electricity, gas, cable
service, information services, sewer, storm drains, water, telecommunications, traffic
controls, transit, video, or other similar services that may require or request placement
of facilities in the PROW.
"Subscriber" means a person lawfully receiving or using service.
Ordinance No. 2023-22
Page 296 of 470
"System" means a consolidated, connected, or networked group of facilities that deliver
or provide a service.
"Traffic Control Plan" means a plan describing the manner in which company will
manage vehicle, bicycle, and pedestrian traffic along affected streets when installing or
maintaining facilities.
Section 617: Section 13.20.040 (PROW Permit —Applicability) of Chapter 13.20
(Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in
the quotations below:
"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 Code, 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."
Section 618: Subsections (13)(6) and (F) of Section 13.20.070 (Issuance of a
PROW Permit) Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code are hereby
amended to read as set forth below:
Subsection (8)(6) of Section 13.20.070 shall read as set forth in the quotations
below:
"6. Compliance with the requirements of this chapter, this Code and other federal,
State and local requirements."
Subsection (F) of Section 13.20.070 shall read as set forth in the quotations
below:
"F. Duration and Validity. Permits shall be void if the work has not begun within ninety
(90) days 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."
Section 619: Subsections (13)(2), (13)(3), (E)(4), (F)(3) and (H)(4) of Section
13.20.100 (Excavations) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code
are hereby amended to read as set forth below:
Subsections (8)(2) and (8)(3) of Section 13.20.100 shall read as set forth in the
quotations below:
Ordinance No. 2023-22
Page 297 of 470
"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 (B)(1) and
the name, address and twenty-four (24) hour telephone number of a person who will be
available to provide information to and receive complaints from any member of the
public concerning the excavation, or
3. At least ten (10) 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 (B)(2) of this section."
Subsection (E)(4) of Section 13.20.100 shall read as set forth in the quotations
below:
"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 subject to review in accordance
with Section 13.20.270."
Subsection (F)(3) of Section 13.20.100 shall read as set forth in the quotations
below:
"3. Storage of Materials. Materials and equipment used for the excavation within
seven (7) 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."
Subsection (H)(4) of Section 13.20.100 shall read as set forth in the quotations
below:
"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,
Ordinance No. 2023-22
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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 13.20.270."
Section 620: Subsections (C)(1) and (D)(2) of Section 13.20.110 (Post -
Excavation Repair Maintenance) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of
the Code are hereby amended to read as set forth below:
Subsection (C)(1) of Section 13.20.110 shall read as set forth in the quotations
below:
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 subject to review in accordance
with Section 13.20.270."
Subsection (D)(2) of Section 13.20.110 shall read as set forth in the quotations
FOR MO A i
"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
Ordinance No. 2023-22
Page 299 of 470
company's security fund pursuant to Section 13.20.130. The Director's determination as
to the cost of any remediation performed shall be subject to review in accordance with
Section 13.20.270."
Section 621: Subsection (13)(2) of Section 13.20.120 (Coordination of
Excavation) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby
amended to read as set forth in the quotations below:
"2. Except when waived by the Director, at least one hundred eighty (180) days 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."
Section 622: Subsection (C) of Section 13.20.150 (Construction and
Maintenance) of Chapter 13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby
amended to read as set forth in the quotations below:
"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 this Code and all
applicable City ordinances, regulations, rules, and guidelines."
Section 623: Section 13.20.210 (Insurance) of Chapter 13.20 (Public Rights -of -
Way) of Title 13 of the Code is hereby amended to read as set forth in the quotations
below:
"13.20.210 Insurance.
Except as provided in or as supplemented by any franchise agreement, license or
permit, company shall secure and maintain, at all times, insurance, which types and
amounts shall be determined by the Risk Manager."
Section 624: Section 13.20.245 (Severability) of Chapter 13.20 (Public Rights -of -
Way) of Title 13 of the Code is hereby deleted in its entirety.
Section 625: Section 13.20.270 (Appeals from Action of the Director) of Chapter
13.20 (Public Rights -of -Way) of Title 13 of the Code is hereby amended to read as set
forth in the quotations below:
"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
Ordinance No. 2023-22
Page 300 of 470
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."
Section 626: Section 13.20.275 (Possessory Interest) of Chapter 13.20 (Public
Rights -of -Way) of Title 13 of the Code is hereby amended to read as set forth in the
quotations below:
"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. Rev. &
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."
Section 627: The Table of Contents for Chapter 14.04 (Utilities Department —
General Regulations) of Title 14 of the Code is hereby amended to read as follows:
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.
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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
City Relieved of Liability.
Section 628: Section 14.04.010 (Utilities Department Established) of Chapter
14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby
deleted in its entirety.
Section 629:Section 14.04.020 (Utilities Manager Defined) of Chapter 14.04
(Utilities Department —General Regulations) of Title 14 of the Code is hereby deleted in
its entirety.
Section 630: Section 14.04.040 (Interference with Employees Prohibited) of
Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"14.04.040 Interference with Employees Prohibited.
No person shall interfere with or obstruct the Utilities Director or any of the 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."
Section 631: Section 14.04.050 (Tampering with Pipes —Altering Water Flow) of
Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"14.04.050 Tampering with Pipes —Altering Water Flow.
No person, other than the Utilities Director, or the Utilities Director's 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 Utilities Director, turn the water on or off from the premises or place."
Section 632: Section 14.04.070 (Maintenance and Use of Fire Hydrants) of
Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"14.04.070 Maintenance and Use of Fire Hydrants.
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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 Utilities 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 Director as herein provided."
Section 633: Section 14.04.080 (Permit to Use Fire Hydrants) of Chapter 14.04
(Utilities Department —General Regulations) of Title 14 of the Code is hereby amended
to read as set forth in the quotations below:
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 Fire Chief and
second from the Utilities Director, 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."
Section 634: Section 14.04.090 (Cancellation of Fire Hydrant Use Permit) of
Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"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 Utilities 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."
Section 635: Section 14.04.130 (Enforcement —Report of Violations) of Chapter
14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby
amended to read as set forth in the quotations below:
"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
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
Ordinance No. 2023-22
Page 303 of 470
shall be the duty of the Fire Chief and Harbor Department to report immediately to the
Utilities Director in case of fire in premises having metered service for fire protection
purposes that fire has occurred there."
Section 636: Section 14.04.150 (Contractual Agreement to Supply Water
Outside City) of Chapter 14.04 (Utilities Department —General Regulations) of Title 14
of the Code is hereby amended to read as set forth in the quotations below:
"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 the Municipal Water District of Orange
County 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."
Section 637: Section 14.04.160 (Sale of Excess Water Outside City) of Chapter
14.04 (Utilities Department —General Regulations) of Title 14 of the Code is hereby
amended to read as set forth in the quotations below:
"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 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."
Section 638: Section 14.04.170 (Sale to Serve Area of Acquired Agency) of
Chapter 14.04 (Utilities Department —General Regulations) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"14.04.170 Sale to Serve Area of Acquired Agency.
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Page 304 of 470
Water may be sold by the City for use outside the City within the boundaries of 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."
Section 639: Section 14.08.010 (Water Connection Authority) of Chapter 14.08
(Water Connections) of Title 14 of the Code is hereby amended to read as set forth in
the quotations below:
"14.08.010 Water Connection Authority.
No person is, or shall be authorized to, install any pipe, apparatus, appliance or
connection to the City's utilities system, except the Utilities Director or the Utilities
Director's duly appointed agents or employees."
Section 640: Section 14.08.030 (Connection Method) of Chapter 14.08 (Water
Connections) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below::
"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
shal► 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 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."
Section 641: Section 14.08.050 (Flow Protection Devices Required) of Chapter
14.08 (Water Connections) of Title 14 of the Code is hereby amended to read as set
forth in the quotations below:
"14.08.050 Flow Protection Devices Required.
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Page 305 of 470
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 salt water, 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.
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."
Section 642: The Table of Contents for Chapter 14.10 (Cross -Connection
Control Program) of Title 14 of the Code is hereby amended to read as follows:
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.
Ordinance No. 2023-22
Page 306 of 470
14.10.045 Violations.
Section 643: Section 14.10.005 (Purpose) of Chapter 14.10 (Cross -Connection
Control Program) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"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 17 CCR Sections 7583 through
7605."
Section 644: Section 14.10.010 (Definitions) of Chapter 14.10 (Cross -
Connection Control Program) of Title 14 of the Code is hereby amended to read as
follows:
14.10.010 Definitions.
Air -Gap Separation. The term "air -gap separation" or "AG" 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.
Approved Backflow Prevention Device. The term "approved backflow prevention device"
shall mean devices which have passed laboratory and field evaluation tests performed
by a recognized testing organization which has demonstrated their competency to
perform such tests to the California Department of Health Services.
Approved Water Supply. The term "approved water supply" means any water supply
whose potability is regulated by the City.
Auxiliary Supply. The term "auxiliary supply" means any water supply on or available to
the premises other than the approved water supply.
AWWA Standard. The term "AWWA standard" means an official standard developed
and approved by the American Water Works Association (AWWA).
Backflow. The term "backflow" shall mean a flow condition, caused by a differential in
pressure, that causes the flow of water or other liquids, gases, mixtures or substances
Ordinance No. 2023-22
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into the distributing pipes of a potable supply of water from any source or sources other
than an approved water supply source. Backflow is caused by backsiphonage or back
pressure.
Contamination. The term "contamination" means a degradation of the quality of the
potable water by any foreign substance which creates a hazard to the public health or
which may impair the usefulness or quality of the water.
Cross -Connection. The term "cross -connection" as used in this chapter means any
unprotected actual or potential connection between a potable water system used to
supply water for drinking purposes and any source or system containing unapproved
water or a substance that is not, or cannot, be approved as safe, wholesome and
potable. By-pass arrangements, jumper connections, removable sections, swivel or
changeover devices or other devices through which backflow could occur, shall be
considered to be cross -connections.
Double Check Valve Assembly (referred to as DC). The term "double check valve
assembly" means an assembly of at least two independently acting check valves
including tightly closing shut-off valves on each side of the check valve assembly and
test cocks available for testing the watertightness of each check valve.
Health Agency. The term "health agency" means the California Department of Health
Services, or the Orange County Health Department.
Local Health Agency. The term "local health agency" means the Orange County Health
Department.
Premises. The term "premises" means any and all areas on a customer's property
which is served or has the potential to be served by the public water system.
Public Water System. The term "public water system" means a system for the provision
of piped water to the public for human consumption which has five or more service
connections or regularly serves an average of twenty-five (25) individuals daily at least
sixty (60) days out of the year.
Reclaimed Water. The term "reclaimed water" means a wastewater which as a result of
treatment is suitable for uses other than potable use.
Reduced Pressure Principal Backflow Prevention Device (referred to as RP). The term
"reduced pressure principal backflow prevention device" means a device incorporating
two or more check valves and an automatically operating differential relief valve located
between the two positive checks, a tightly closing shut-off valve on each side of the
check valve assembly, and equipped with necessary test cocks for testing.
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Service Connection. The term "service connection" refers to the point of connection of a
user's piping to the water supplier's facilities.
Water Supplier. The term "water supplier" means the City.
Water User. The term "water user" means any person obtaining water from the City.
Section 645: Subsections (A)(1) and (13)(2) of Section 14.10.015 (Cross -
Connection Protection Requirements) of Chapter 14.10 (Cross -Connection Control
Program) of Title 14 of the Code are hereby amended to read as set forth below:
Subsection (A)(1) of Section 14.10.015 shall read as set forth in the quotations
below:
11
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 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."
Subsection (B)(12) of Section 14.10.015 shall read as set forth in the quotations
below:
"2. 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 adequate backflow protection 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."
Section 646: Subsection (B) of Section 14.10.020 (Backflow Prevention Devices)
of Chapter 14.10 (Cross -Connection Control Program) of Title 14 of the Code is hereby
amended to read as set forth in the quotations below:
"B. Backflow Prevention Device Installation.
1. Backflow prevention devices shall be installed in a manner prescribed in 17
CCR Section 7603. 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 (2) pipe
Ordinance No. 2023-22
Page 309 of 470
diameters of the supply inlet, but in no case less than one (1) 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."
Section 647: Section 14.10.040 (Requirements for the Certification as a
Backflow Prevention Device Tester) of Chapter 14.10 (Cross -Connection Control
Program) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"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 Utilities Director. The certification shall be granted if the applicant
satisfies the following minimum requirements:
A. 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.
B. Each applicant for certification as a tester of backflow prevention devices shall
furnish evidence to show that the applicant has available the necessary tools and
equipment to properly test such devices. The applicant shall be responsible for the
competency and accuracy of all tests and reports prepared by the applicant.
C. Competency in all phases of backflow prevention device testing and repair must be
demonstrated by means of education and/or experience."
Section 648: Section 14.10.050 (Severability) of Chapter 14.10 (Cross -
Connection Control Program) of Title 14 of the Code is hereby deleted in its entirety.
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Page 310 of 470
Section 649: Subsections (A)(4), (A)(5) and (F) of Section 14.12.090 (Delinquent
Water Service Discontinuance and Fees) of Chapter 14.12 (Water Rates and Charges)
of Title 14 of the Code are hereby amended to read as set forth below:
Subsections (A)(4) and A(5) of Section 14.12.090 shall read as set forth in the
quotations below:
"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) 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) days or more:
a. Pay his or her unpaid charges by the extended payment date;
b. Pay any amortized amount due under the amortization schedule;
c. Pay any amount due under an alternative payment schedule; or
d. Pay his or her current charges for water service."
Subsection (F) of Section 14.12.090 shall read as set forth in the quotations
below:
"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 Cal. Health
& Saf. Code Section 116900 et seq."
Section 650: Section 14.12.095 (Customer Requests) of Chapter 14.12 (Water
Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in
the quotations below:
"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,
Ordinance No. 2023-22
Page 311 of 470
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) days 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."
Section 651: Section 14.12.100 (Due Date) of Chapter 14.12 (Water Rates and
Charges) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"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) days after the date of mailing."
Section 652: Subsection (13)(6) of Section 14.12.110 (Delinquent Notice) of
Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is hereby amended to
read as set forth in the quotations below:
"6. The procedure to request a deferment of the payment for thirty (30) days, or a
payment plan."
Section 653: Subsection (A)(3) of Section 14.12.125 (Delinquent Water Service
Restoration) of Chapter 14.12 (Water Rates and Charges) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"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. 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."
Section 654: Section 14.12.150 (Third -Party Notification) of Chapter 14.12
(Water Rates and Charges) of Title 14 of the Code is hereby amended to read as set
forth in the quotations below:
"14.12.150 Third -Party Notification.
Ordinance No. 2023-22
Page 312 of 470
The City shall make available to its residential customers who are dependent adults as
defined Cal. Welf. & Inst. 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."
Section 655: Section 14.12.160 (Landlord and Tenant) of Chapter 14.12 (Water
Rates and Charges) of Title 14 of the Code is hereby amended to read as set forth in
the quotations below:
"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) 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.
The City shall not be required to make water service available to the residential
occupants unless each residential occupant agrees to the terms and conditions of
service. However, if one or more of the residential occupants are willing and able to
assume responsibility for the entire account to the satisfaction of the City, or if there is a
physical means legally available to the City of selectively discontinuing service to those
residential occupants who have not met the requirements of the City, the City shall
make water service available to those residential occupants who have met those
requirements.
Notices required under this section shall be mailed to and left in a prominent and
conspicuous location at the service address."
Section 656: Subsection (C)(6) of Section 14.16.010 (Findings and Purpose) of
Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of
the Code is hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 313 of 470
"6. Cal. Wat. Code Section 375 authorizes a water supplier to adopt and enforce a
comprehensive water conservation program to reduce water consumption and conserve
supplies."
Section 657: Without making any other changes to the other definitions set forth
in Section 14.16.020 (Definitions) of Chapter 14.16 (Water Conservation and Water
Supply Shortage Program) of Title 14 of the Code the definition of "Director" set forth in
Section 14.16.020 is hereby amended to read as set forth in the quotations below:
"'Director' shall mean the Utilities Director."
Section 658: Subsection (N) of Section 14.16.040 (Permanent Mandatory Water
Conservation Requirements) of Chapter 14.16 (Water Conservation and Water Supply
Shortage Program) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"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. Absent a meter account or Director
approval, water theft and meter tampering fees shall be applied as appropriate."
Section 659: Subsection (A) of Section 14.16.050 (Procedure for Declaration and
Notification of Water Supply Shortage) of Chapter 14.16 (Water Conservation and
Water Supply Shortage Program) of Title 14 of the Code is hereby amended to read as
set forth in the quotations below:
"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 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."
Section 660: Subsection (F) of Section 14.16.130 (Relief From Compliance) of
Chapter 14.16 (Water Conservation and Water Supply Shortage Program) of Title 14 of
the Code is hereby amended to read as set forth in the quotations below:
"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
Ordinance No. 2023-22
Page 314 of 470
Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code
Civ. Proc. Section 1094.5."
Section 661: Section 14.16.140 (Enforcement) of Chapter 14.16 (Water
Conservation and Water Supply Shortage Program) of Title 14 of the Code is hereby
amended to read as set forth in the quotations below:
"14.16.140 Enforcement.
A. Responsibility —Implementation Plan. The Director shall develop an
implementation plan to be used as a guideline for enforcing the provisions of this
chapter. The implementation plan shall provide the resources (staffing and equipment)
required to ensure the fair and timely execution of these requirements, as well as a
detailed execution strategy. In addition, the implementation plan shall ensure, so far as
is reasonable under the circumstances, that persons are notified of violations and are
provided an opportunity to cure the violation prior to being cited.
B. Additional Enforcement Options. In addition to the fines and penalties provided for
in Chapters 1.04 and 1.05, the 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 (1) gallon per minute for services up to one and one-half (1 '/2)
inches in size and comparatively sized 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.
2. Termination of Service. The City may disconnect a customer's water service for
willful violations of mandatory restrictions in this chapter."
Section 662: Subsections (N) and (R) of Section 14.17.010 (Definitions) of
Chapter 14.17 (Water -Efficient Landscaping) of Title 14 of the Code are hereby
amended to read as set forth below:
Subsection (N) of Section 14.17.010 shall read as set forth in the quotations
below:
"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 Cal. Bus. & Prof. Code, Sections 5500.1, 5615,
5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, 16 CCR
Section 832.27, and Cal. Food & Agr. Code Section 6721."
Ordinance No. 2023-22
Page 315 of 470
Subsection (R) of Section 14.17.010 shall read as set forth in the quotations below:
"R. 'MWELO' means the Water Efficient Landscape Ordinance as set forth in 23 CCR
Section 490 et seq."
Section 663: Subsection (A) of Section 14.20.010 (Property of City —Damaged
or Lost Meters) of Chapter 14.20 (Water Meters) of Title 14 of the Code is hereby
amended to read as set forth in the quotations below:
"A. All meters, unless otherwise authorized by the 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."
Section 664: Section 14.20.060 (Meters Inside Premises) of Chapter 14.20
(Water Meters) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"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 Director and the
withholding of service until connection is made at the curb -line as herein provided."
Section 665:The Table of Contents for Chapter 14.24 (Sewer Connection,
Permits) of Title 14 of the Code is hereby amended to read as follows:
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 District.
14.24.090 Permit Required for Connection Outside of City.
14.24.100 Permit Conditions for Connection Outside of City.
Ordinance No. 2023-22
Page 316 of 470
14.24.110 Consent Discretionary for Connection Outside of City.
Section 666: Section 14.24.020 (Dwelling Unit and Business Structure Sewer
Connection) of Chapter 14.24 (Sewer Connection, Permits) of Title 14 of the Code is
hereby amended to read as set forth in the quotations below:
"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
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 Utilities Director. All sewer laterals
shall be inspected by the Utilities 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 (1) or more of the
following apply:
A. If an area greater than fifty (50) percent of the existing building area is added;
B. If the area of structural interior remodeling exceeds fifty (50) percent of the existing
building area;
C. If any alterations to the building sewer are done;
D. If additional plumbing fixtures require a change in the size of a building sewer line;
E. Wherever six (6) or more fixture units (per the Uniform Plumbing Code (UPC)) are
added to an existing plumbing system; or
F. Whenever it is found that the building sewer was/is installed in an illegal or
unsanitary manner."
Section 667: Section 14.24.050 (Sewer Connection Fee) of Chapter 14.24
(Sewer Connection, Permits) of Title 14 of the Code is hereby amended to read as set
forth in the quotations below:
"14.24.050 Sewer Connection Fee.
Ordinance No. 2023-22
Page 317 of 470
The applicant shall pay a connection fee, as set by resolution adopted by the City
Council, for each connection to the public sewer."
Section 668: Section 14.24.080 (Sewer Connections in the Orange County
Sanitation District) of Chapter 14.24 (Sewer Connection, Permits) of Title 14 of the
Code is hereby amended to read as set forth in the quotations below:
"14.24.080 Sewer Connections in the Orange County Sanitation District.
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 until the applicant has presented written evidence of
payment of any connection charges required by said district."
Section 669: The Table of Contents for Chapter 14.30 (Fats, Oils and Grease
(FOG) Control) of Title 14 of the Code is hereby amended to read as follows:
Chapter 14.30
FATS, OILS AND GREAS (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.
Section 670: Section 14.30.015 (Definitions) of Chapter 14.30 (Fats, Oils (FOG)
Control) of Title 14 of the Code is hereby amended to read as follows:
14.30.015 Definitions.
Unless otherwise defined herein, terms related to water quality shall be as adopted in
the latest edition of Standard Methods for Examination of Water and Wastewater,
Ordinance No. 2023-22
Page 318 of 470
published by the American Public Health Association, the American Water Works
Association and the Water Environment Federation. The testing procedures for waste
constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal
Regulations).
Other terms not herein defined are defined as being the same as set forth in the latest
adopted applicable editions of the California Codes applicable to building construction
adopted pursuant to the California Building Standards Law.
Subject to the foregoing provisions, the following definitions shall apply in this chapter:
"Best management practices" or "BMPs" means schedules of activities, prohibitions of
practices, the completion of maintenance procedures and other management practices
that prevent or reduce the introduction of FOG to the sewer facilities.
"Change in operations" means any modification in the operational procedures of a food
service establishment (FSE) which has the potential to significantly increase the amount
of grease generated by food preparation including, without limitation, any substantial
increase in the net public area, any substantial increase in the hours of operation, any
significant change in the menu or types of food prepared or served, any significant
increase in the size of the kitchen or the number of food service or food preparation
employees, or any significant change in the size or type of food preparation equipment.
"City" means the municipal government of the City.
"city" means the residential, park and open space, commercial, and industrial areas
within the geographic boundaries of the City of Newport Beach, California.
"Fats, oils, and grease" or "FOG" means substances such as vegetable or animal
products that are used in, or are byproducts of, the cooking or food preparation process,
and that turn or may turn viscous or solidify with a change in temperature or other
conditions.
"Food grinder" means any device installed in the plumbing or wastewater system for the
purpose of grinding food waste or food preparation byproducts for the purpose of
disposing it in the sewer system.
"Food service establishment" or "FSE" means a food facility as defined in 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 11 hood. A limited food preparation establishment is not
Ordinance No. 2023-22
Page 319 of 470
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 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,
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 grease 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" or "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" or "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.
"Inspector" means a person authorized by the City to inspect any existing or proposed
wastewater generation, conveyance, processing, and disposal facilities.
"Monitoring facilities" means systems or facilities that sample constituents or that
measure or monitor flow.
"Regulatory agencies" means those agencies having regulatory jurisdiction over the
operations of the City's facilities, including, but not limited to:
1. United States Environmental Protection Agency, Region IX, San Francisco and
Washington, DC (US EPA).
2. California State Water Resources Control Board (SWRCB).
3. California Regional Water Quality Control Board, Santa Ana Region (RWQCB).
4. South Coast Air Quality Management District (SCAQMD).
5. California Department of Public Health (DPH).
Ordinance No. 2023-22
Page 320 of 470
6. Orange County Health Care Agency (OC HCA).
"Remodeling" means a physical change in an FSE causing an increased amount of
FOG to the sewer system, as determined by the 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 increase in the size of the kitchen area, or (4) any change
in the size or type of food preparation equipment.
"Sewer system" means any and all facilities used for collecting, conveying, pumping,
and disposing of wastewater.
"Utilities Superintendent" means the Utilities Superintendent of the City's Utilities
Department.
"Waste" means sewage and any and all other waste substances, liquid, solid, gaseous
or radioactive, associated with human habitation or of human or animal nature, including
such wastes placed within containers of whatever nature prior to and for the purpose of
disposal.
"Waste manifest" means that receipt which is retained by the generator of wastes for
disposing recyclable waste or liquid waste.
"Wastewater" means the liquid and water -carried wastes of the community and all
constituents thereof, whether treated or untreated, discharged into or permitted to enter
a public sewer.
Words used in this chapter in the singular may include the plural and the plural the
singular. Use of masculine shall mean feminine and use of feminine shall mean
masculine. Shall is mandatory; may is permissive or discretionary.
Section 671: Section 14.30.025 (Requirements) of Chapter 14.30 (Fats, Oils
(FOG) Control) of Title 14 of the Code is hereby amended as set forth in the quotations
below:
"14.30.025 Requirements.
A. Each permit shall:
1. Authorize the FSE to dispose FOG into the wastewater system in
accordance with the provisions of this chapter.
Ordinance No. 2023-22
Page 321 of 470
2. Authorize the Utilities 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 Utilities 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 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 Superintendent, 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
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.
7. 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 two (2) years. The FSE shall, upon
request, make the waste manifests, receipts and invoices available to any City
representative, or inspector.
B. 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."
Section 672: Section 14.30.027 (Prohibitions) of Chapter 14.30 (Fats, Oils (FOG)
Control) of Title 14 of the Code is hereby amended to read as set forth in the quotations
below:
"14.30.027 Prohibitions.
Ordinance No. 2023-22
Page 322 of 470
The following prohibitions shall apply to all FSEs:
A. No FSE shall discharge or cause to be discharged into the sewer system FOG
that, as determined by the Utilities Director, may accumulate and/or cause or contribute
to blockages in the sewer system or at the sewer system lateral which connects the
FSE to the sewer system.
B. No FSE shall have or install a food grinder in the sewer system for a building.
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.
D. 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.
E. Discharge of wastewater from dishwashers to any grease control device.
F. Discharge of wastewater with temperatures in excess of 140OF 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.
H. Discharge of any waste including FOG and solid materials removed from the
grease control device to the sewer system.
I. Tampering with or knowingly rendering inoperable any grease control device,
monitoring device or method or access point.
J. 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."
Section 673: Section 14.30.030 (Grease Control Devices) of Chapter 14.30
(Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set
forth in the quotations below:
"14.30.030 Grease Control Devices.
Ordinance No. 2023-22
Page 323 of 470
A. Any new FSE, any FSE undergoing remodeling, any FSE undergoing a change in
operations or, as directed by the Utilities 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. 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.
D. 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 Department.
E. Any decision of the Building Official pursuant to this chapter may be appealed by
any interested party to the Building and Fire Board of Appeals, pursuant to Chapter
15.80 of this Code."
Section 674: Subsection (A) of Section 14.30.035 (Exceptions) of Chapter 14.30
(Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set
forth in the quotations below:
"A. The following exceptions from Section 14.30.030 are permitted:
1. Variance. If the Utilities 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:
a. There is inadequate space on the property on which the FSE is located to
install a grease control device;
Ordinance No. 2023-22
Page 324 of 470
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
c. 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 Utilities Director on the FSE's operations that provide for
continued limits on FOG production."
Section 675: Section 14.30.045 (Sampling and Monitoring) of Chapter 14.30
(Fats, Oils (FOG) Control) of Title 14 of the Code to read as set forth in the quotations
below:
"14.30.045 Sampling and Monitoring.
A. To meet the objectives and requirements of this chapter, 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 1094.5"
Section 676: Section 14.30.053 (Compliance Schedule Agreement) of Chapter
14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby added to read as set
forth in the quotations below:
"14.30.053 Compliance Schedule Agreement.
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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."
Section 677: Section 14.30.055 (Termination or Suspension of Service) of
Chapter 14.30 (Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to
read as set forth in the quotations below:
"14.30.055 Termination or Suspension of Service.
A. Termination. The Utilities Director may physically terminate water 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 water service when the Utilities
Superintendent 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 to the sewer system.
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."
Section 678: Section 14.30.057 (Notice of Non -Compliance) of Chapter 14.30
(Fats, Oils (FOG) Control) of Title 14 of the Code is hereby added to read as set forth in
the quotations below:
"14.30.057 Notice of Non-compliance
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 noncompliance,
whereby the FSE or receiving party shall comply with all directives, conditions, and
requirements contained therein within the time prescribed. A notice of noncompliance
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 noncompliance. Each notice of noncompliance shall state a
reasonable time period for the FSE or receiving party to come into compliance with the
notice of noncompliance."
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Section 679: Section 14.30.060 (Violations and Penalties) of Chapter 14.30
(Fats, Oils (FOG) Control) of Title 14 of the Code is hereby amended to read as set
forth in the quotations below:
"14.30.060 Violations and Penalties.
A. In addition to the fines and penalties provided for in Chapters 1.04 and 1.05, any
person violating the provisions of this chapter may be subject to penalties pursuant 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.
B. The amount of any civil penalty assessed shall be based on relevant
circumstances, including but not limited to, the following:
1. The extent of the harm caused;
2. The nature and persistence of the failure to perform or comply;
3. The length of time over which the failure occurred;
4. The frequency of past violations; or
5. The financial burden to the permittee or person.
C. 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
judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 680: Section 14.33.020 (Definitions) of Chapter 14.33 (Water Capital
Improvement Charges) of Title 14 of the Code is hereby amended as set forth in the
quotations below:
"For the purpose of this chapter, the words hereinafter defined shall have the meanings
assigned to them unless it appears from the context that a different meaning is
intended.
'Water capital improvement charges' shall mean the acreage charges established by
Section 14.33.040 of this chapter.
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'Water system master plan' or 'master plan' shall mean the plan adopted by the City
Council which shows the projected water system facilities that will be needed to provide
water services to the undeveloped areas of the City."
Section 681: Section 14.33.040 (Water Capital Improvement Charges) of
Chapter 14.33 (Water Capital Improvement Charges) of Title 14 of the Code is hereby
amended to read as set forth in the quotations below:
"14.33.040 Water Capital Improvement Charges.
A water capital improvement charge per gross acre shall be set by resolution of the City
Council and 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."
Section 682: Section 14.33.110 (Administration and Appeals) of Chapter 14.33
(Water Capital Improvement Charges) of Title 14 of the Code is hereby amended to
read as set forth in the quotations below:
"14.33.110 Administration and Appeals.
The Utilities Director shall be charged with the duty of administering the procedures set
forth in this chapter and any rules and regulations adopted pursuant to said authority.
Any person who is dissatisfied with a decision of the Utilities 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 the service of the notice of 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 1094.5."
Section 683: The Table of Contents for Chapter 14.34 (Water Well Standards) of
Title 14 of the Code is hereby amended to read as follows:
Chapter 14.34
WATER WELL STANDARDS
Sections:
14.34.010 Intent and Purpose.
14.34.020 Definitions.
14.34.030 Well Standards Advisory Board.
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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
Standards.
Section 684: Section 14.34.020 (Definitions) of Chapter 14.34 (Water Well
Standards) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"14.34.020 Definitions.
As used in this chapter, the following words shall have the meaning provided in this
section:
Abandoned and Abandonment. The terms 'abandoned' and 'abandonment' shall apply
to a well which has not been used for a period of one year, unless the owner declares in
writing, to the Well Standards Advisory Board, his intention to use the well again for
supplying water or other associated purpose (such as an observation well or injection
well) and receives approval of such declaration from the Board. All such declarations
shall be renewed annually and at such time be resubmitted to the Board for approval.
Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours
after construction work has been completed, unless otherwise approved by the Health
Officer.
Agricultural Well. A water well used to supply water for irrigation or other agricultural
purposes, including so-called stock wells.
Cathodic Protection Well. Any artificial excavation in excess of fifty (50) feet constructed
by any method for the purpose of installing equipment or facilities for the protection,
electrically, of metallic equipment in contact with the ground, commonly referred to as a
cathodic protection well or deep anode.
Community Water Supply Well means a water well used to supply water for domestic
purposes.
Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, drill or
deepen a well, or to reperforate, remove, replace, or extend a well casing.
Destruction. The proper filling and sealing of a well that is no longer useful so as to
assure that the ground water is protected and to eliminate a potential physical hazard.
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Electrical Grounding Well. Any artificial excavation in excess of fifty (50) feet
constructed by any method for the purpose of establishing an electrical ground.
Individual Domestic Well. A water well used to supply water for domestic needs of an
individual residence or commercial establishment.
Industrial Well. A water well used to supply an industry on an individual basis.
Observation Well. A well used for monitoring or sampling the conditions of a water -
bearing aquifer, such as water pressure, depth, movement or quality.
Permit. A written permit issued by the Health Officer permitting the construction,
reconstruction, destruction, or abandonment of a well.
Public Nuisance. The term "public nuisance," when applied to a well, shall mean any
well which threatens to impair the quality of ground water or otherwise jeopardize the
health or safety of the public.
Salt Water (Hydraulic) Barrier Well. A well used for extracting water from or injecting
water into the underground as a means of preventing the intrusion of salt water into a
fresh water bearing aquifer.
Test or Exploratory Hole. An excavation used for determining the nature of underground
geological or hydrological conditions, whether by seismic investigation, direct
observation or any other means.
Well. Any artificial excavation constructed by any method for the purpose of extracting
water from or injecting water into the underground, for providing cathodic protection or
electrical grounding of equipment, for making tests or observations of underground
conditions, or for any other similar purpose. Wells shall include, but shall not be limited
to, community water supply wells, individual domestic wells, industrial wells, agricultural
wells, cathodic protection wells, electrical grounding wells, test and exploratory holes,
observation wells and salt water (hydraulic) barrier wells, as defined herein, and other
wells whose regulation is necessary to fulfill the purpose of this article as determined by
the Well Standards Advisory Board. Wells shall not include: (1) oil and gas wells,
geothermal wells or other wells constructed under the jurisdiction of the State
Department of Conservation, except those wells converted to use as water wells; (2)
wells used for the purpose of dewatering excavations during construction, or stabilizing
hillsides or earth embankments; or (3) other wells whose regulation is not necessary to
fulfill the purpose of this chapter as determined by the Well Standards Advisory Board."
Section 685: Section 14.34.110 (Abatement Costs a Special Assessment) of
Chapter 14.34 (Water Well Standards) of Title 14 of the Code is hereby amended to
read as set forth in the quotations below:
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"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. 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 independent right to recover its costs
by way of civil action against the owner and person in possession or control, jointly or
severally."
Section 686: Section 14.34.120 (Standards) of Chapter 14.34 (Water Well
Standards) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"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. Well Standards 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."
Section 687: Section 14.34.130 (Penalty) of Chapter 14.34 (Water Well
Standards) of Title 14 of the Code is hereby deleted in its entirety.
Section 688: Section 14.36.010 (Purpose and Intent) of Chapter 14.36 (Water
Quality) of Title 14 of the Code is hereby amended to as set forth in the quotations
below:
"14.36.010 Purpose and Intent.
The United States Congress passed the Clean Water Act (33 U.S.C. Section 1251 et
seq., 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
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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 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.
Storm water runoff is one step in the natural cycle of water. However, human activities,
such as agriculture, construction and the operation and maintenance of an urban
infrastructure may result in undesirable discharges of pollutants and certain sediments,
which may accumulate in local drainage channels and waterways and eventually may
be deposited in the waters of the United States.
The purpose of this chapter is to participate in the improvement of water quality and
comply with federal requirements for the control of urban pollutants to storm water
runoff, which enters the network of storm drains throughout Orange County."
Section 689: Section 14.36.020 (Definitions) of Chapter 14.36 (Water Quality) of
Title 14 of the Code is hereby amended to read as follows:
14.36.020 Definitions.
"Authorized Inspector" means the City Manager and persons designated by and under
his/her instruction and supervision, who are assigned to investigate compliance with,
detect violations of and/or take actions pursuant to this chapter.
"Co-permittee" means the County of Orange, the Orange County Flood Control District,
and/or any one of the thirty-one (31) municipalities, including the City of Newport Beach
which are responsible for compliance with the terms of the NPDES Permit.
"DAMP" means the Orange County Drainage Area Management Plan, as the same may
be amended from time to time.
"Development project guidance" means DAMP Chapter VII and the Appendix thereto,
entitled Best Management Practices for New Development Including Non -Residential
Construction Projects, as the same may be amended from time to time.
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"Discharge" means any release, spill, leak, pump, flow, escape, leaching (including
subsurface migration or deposition to groundwater), dumping or disposal of any liquid,
semi -solid or solid substance.
"Discharge exception" means the group of activities not restricted or prohibited by this
Chapter, including only:
1. Discharges composed entirely of storm water;
2. Discharges subject to regulation under current EPA or Regional Water Quality
Control Board issued NPDES permits, State General Permits, or other waivers, permits
or approvals granted by an appropriate government agency;
3. Discharges from property for which best management practices set forth in the
development project guidance are being implemented and followed;
4. Discharges to the Storm Water Drainage System from potable water line
flushing, fire fighting activities, landscape irrigation systems, diverted stream flows,
rising groundwater, and de minimis groundwater infiltration to the Storm Water Drainage
System (from leaks in joints or connections or cracks in water drainage pipes or
conveyance systems);
5. Discharges from potable water sources, passive foundation drains, air
conditioning condensation and other building roof runoff; agricultural irrigation water
runoff; water from crawl space pumps, passive footing drains, lawn watering,
noncommercial vehicle and boat washing; noncommercial animal washing; flows from
riparian habitats and wetlands; dechlorinated swimming pool discharges;
6. Discharges of reclaimed water generated by a lawfully permitted water
treatment facility; public street wash waters when related to cleaning and maintenance
by, or on behalf of, the City;
7. Discharges authorized pursuant to a permit issued under Section 14.36.070;
8. Discharges allowable under the domestic sewage exception;
9. Discharges for which the discharger has reduced to the extent feasible the
amount of pollutants in such discharge;
10. Discharges authorized pursuant to federal or state laws or regulations. In any
action taken to enforce this chapter, the burden shall be on the person who is the
subject of such action to establish that a discharge was within the scope of this
discharge exception.
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"Domestic sewage exception" means discharges which are exceptions to this chapter
and excluded from the definition of prohibited discharge, as defined herein, including
only:
1. Discharges composed entirely of accidental spills of untreated sanitary
wastes (commonly called domestic sewage) and other wastes, but limited solely to
wastes that are controlled by and are within publicly owned wastewater treatment
system collection facilities immediately prior to the accidental spill.
"Enforcing Attorney" means the City Attorney or District Attorney acting as counsel to
the City, which counsel is authorized to take enforcement action. For purposes of
criminal prosecution, the District Attorney shall act as the Enforcing Attorney.
"EPA" means the Environmental Protection Agency of the United States.
"Hearing Officer" means the City Manager who shall preside at the administrative
hearings authorized by this chapter and issue final decisions on the matters raised
therein.
"Invoice for costs" means the actual costs and expenses of the City including but not
limited to administrative overhead, salaries and other expenses recoverable under State
law, incurred during any Inspection conducted pursuant to Section 14.36.050 or where a
notice of noncompliance, administrative compliance order or other enforcement option
under Section 14.36.060, or this Code is utilized to obtain compliance with this chapter.
"Illicit connection" means any man-made conveyance or drainage system, pipeline,
conduit, inlet or outlet through which the discharge of any pollutant to the Storm Water
Drainage System occurs or may occur. The term illicit connection shall not include legal
nonconforming connections or connections to the Storm Water Drainage System that
are hereinafter authorized by the agency with jurisdiction over the system at the location
at which the connection is made.
"Legal nonconforming connection" means connections to the Storm Water Drainage
System existing as of the adoption of this chapter that were in compliance with all
federal, State and local rules, regulations, statutes and administrative requirements in
effect at the time the connection was established, including but not limited to any
discharge permitted pursuant to the terms and conditions of an individual discharge
permit issued pursuant to the Industrial Waste Ordinance, County Ordinance No. 703.
"New development" means all public and private residential (whether single-family,
multi -unit or planned unit development), industrial, commercial, retail and other non-
residential construction projects, or grading for future construction, for which either a
discretionary land use approval, grading permit, building permit or nonresidential
plumbing permit is required.
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"Nonresidential plumbing" permit means a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids other than storm water,
potable water, reclaimed water or domestic sewage.
"NPDES Permit" means the currently applicable municipal discharge permit(s) issued by
the Regional Water Quality Control Board, Santa Ana Region which permit(s)
establishes waste discharge requirements applicable to storm water runoff in the city.
"Pollutant" means any liquid, solid or semi -solid substances, or combination thereof,
including and not limited to:
1. Artificial materials (such as floatable plastics, wood products or metal shavings);
2. Household waste (such as trash, paper and plastics; cleaning chemicals; yard
wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other
common household equipment);
3. Metals and nonmetals, including compounds of metals and nonmetals, (such as
cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and
arsenic), with characteristics which cause an adverse effect on living organisms;
4. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste
oils, solvents, coolants and grease);
5. Animal wastes (such as discharge from confinement facilities, kennels, pens and
recreational facilities, including stables, show facilities or polo fields);
6. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration,
turbidity or odor;
7. Waste materials and wastewater generated on construction sites and by
construction activities (such as painting and staining; use of sealants and glues; use of
lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint
flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery
fluids; construction equipment washing; concrete pouring and cleanup; use of concrete
detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting
agents; and use of super chlorinated water for potable water line flushing);
8. Materials causing an increase in biochemical oxygen demand, chemical oxygen
demand or total organic carbon;
9. Materials which contain base/neutral or acid extractable organic compounds;
10. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and
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11. Any other constituent or material, including but not limited to pesticides,
herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded
soils, sediment and particulate materials, in quantities that will interfere with or
adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.
"Prohibited discharge" means any discharge which contains any pollutant, from public or
private property to (1) the Storm Water Drainage System; (2) any upstream flow, which
is tributary to the Storm Water Drainage System; (3) any groundwater, river, stream,
creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (4) any
coastal harbor, bay, or the Pacific Ocean. The term prohibited discharge shall not
include discharges allowable under the discharge exception.
"Significant redevelopment" means the rehabilitation or reconstruction of public or
private residential (whether single-family, multi -unit or planned unit development),
industrial, commercial, retail, or other nonresidential structures, for which either a
discretionary land use approval, grading permit, building permit or nonresidential
plumbing permit is required.
"State General Permit" means either the State General Industrial Storm Water Permit or
the State General Construction Permit and the terms and requirements of either or both.
In the event the U.S. Environmental Protection Agency revokes the in -lieu permitting
authority of the State Water Resources Control Board, then the term State General
Permit shall also refer to any EPA administered storm water control program for
industrial and construction activities.
"Storm Water Drainage System" means street gutter, channel, storm drain, constructed
drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of
or tributary to the County -wide storm water runoff system and owned, operated,
maintained or controlled by County of Orange, the Orange County Flood Control District
or any Co-permittee City, and used for the purpose of collecting, storing, transporting or
disposing of storm water.
Section 690: Subsections (A)(1), (A)(10), (B)(3)(a), (E) and (F) of Section
14.36.060 (Enforcement) of Chapter 14.36 (Water Quality) of Title 14 of the Code are
hereby amended to read as set forth below:
Subsection (A)(1) of Section 14.36.060 shall read as set forth in the quotations
below:
1. Notice of Noncompliance. In addition to any other remedy or means of
enforcement authorized by law or this Code, 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.
Ordinance No. 2023-22
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a. The notice of noncompliance shall identify the provision(s) of this chapter or the
applicable permit which has been violated. The notice of noncompliance shall state that
continued noncompliance may result in additional enforcement actions against the
owner, occupant and/or person.
b. The notice of noncompliance shall state a compliance date that must be met by
the owner, occupant and/or person; provided, however, that the compliance date may
not exceed ninety (90) days unless the Authorized Inspector extends the compliance
deadline an additional ninety (90) days where good cause exists for the extension."
Subsection (A)(10) of Section 14.36.060 shall read as set forth in the quotations
below:
"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 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. 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."
Subsection (B)(3)(a) of Section 14.36.060 shall read as set forth in the quotations
below:
,,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 Cal. Gov. Code 38773.5."
Subsections (E) and (F) of Section 14.36.060 shall read as set forth in the
quotations below:
"E. Citations. Pursuant to Cal. Pen. 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. 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.
Ordinance No. 2023-22
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Each citation to appear shall state the name and address of the violator, the provisions
of this chapter violated, and the time and place of appearance before the court, which
shall be at least ten business days after the date of violation. The person cited shall sign
the citation giving his or her written promise to appear as stated therein. If the person
cited fails to appear, the Enforcing Attorney may request issuance of a warrant for the
arrest of the person cited.
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, Cal. 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."
Section 691: Subsection (A)(1) of Section 14.36.070 (Permits) of Chapter 14.36
(Water Quality) of Title 14 of the Code is hereby amended to read as set forth in the
quotations below:
"A. Discharge Permit Procedure
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 may issue a permit authorizing the release of non -
storm water discharges to the Storm Water Drainage System if:
a. The discharge of material or constituents is reasonably necessary for the
conduct of otherwise legal activities on the property; and
b. The discharge will not cause a nuisance, impair the beneficial uses of
receiving waters, or cause any reduction in established water quality standards."
Section 692:Section 15.02.085 (Addition of Section 105.3.1.1.) of Chapter 15.02
(Administrative Code) of Title 15 of the Code is hereby amended to read as set forth in
the quotations below:
"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
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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 for a
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 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."
Section 693: Section 15.02.095 (Addition of Sections 105.3.3, 105.3.4, and
105.3.5.) of Chapter 15.02 (Administrative Code) of Title 15 of the Code is hereby
amended to read as set forth in the quotations below:
"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
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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.
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)
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) days 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) 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
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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) 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) 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.
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) days of the City Clerk's receipt of an application for extension,
the City Manager shall notify the applicant of the name of the Hearing Officer in
the manner provided in Section 1.08.080. If the applicant wishes to challenge the
designated Hearing Officer, the applicant shall have seven (7) 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.
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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 Section 1.08.080, at least ten (10) 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) 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) days before the scheduled hearing. The size,
location and number of sign(s) shall be posted as determined by the City
Manager. 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.
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) day extension, per application for extension, if it finds special
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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) days of the date of decision and
the City Clerk shall mail a copy of the final decision to the applicant within ten
(10) days 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
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provision of federal, state or local law including, but not limited to, construction
related laws adopted by the City."
Section 694:Section 15.05.070 (Amendment to Section R301.1.3.) of Chapter
15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth
in the quotations below:
"15.05.070 Amendment to Section R301.1.3.
Section R301.1.3 is amended to read as follows:
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. & Prof. 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.& Prof. 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.& Prof.
Code Sections 5537 and 6737.1."
Section 695: Section 15.05.100 (Amendment to Section R301.2.4.) of Chapter
15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth
in the quotations below:
"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
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constructed in accordance with Chapter 15.50, Floodplain 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 Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject
to the limitations of this code and the limitations therein."
Section 696: Section 15.05.110 (Amendment to Section R309.3.) of Chapter
15.05 (Residential Code) of Title 15 of the Code is hereby amended to read as set forth
in the quotations below:
15.05.110 Amendment to Section R309.3.
"Section R309.3 is amended to read as follows:
Section R309.3 Flood hazard areas. For buildings located in flood hazard areas as
established by Table R301.2, garage floors shall be:
1. Elevated to or above the design flood elevation as determined in accordance
with Section R322 and 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 R322 and Chapter 15.50, Floodplain
Management, and are otherwise constructed in accordance with this Code."
Section 697: Section 15.05.200 (Amendment to Section R322 with the Addition
of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.)
of Chapter 15.05 (Residential Code) of Title 15 of the Code is hereby amended to read
as set forth in the quotations below:
"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 Chapter 15.50, Floodplain Management."
Section 698: Section 15.06.010 (Adoption of the California Electrical Code) of
Chapter 15.06 (Electrical Code) of Title 15 of the Code is hereby amended to read as
set forth in the quotations below:
"15.06.010 Adoption of the California Electrical Code.
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The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Electrical Code based on the 2020 National
Electrical Code, as published by the National Fire Protection Association.
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 &
Saf. 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."
Section 699: Section 15.07.010 (Adoption of California Mechanical Code) of
Chapter 15.07 (Mechanical Code) of Title 15 of the Code is hereby amended to read as
set forth in the quotations below:
"15.07.010 Adoption of California Mechanical Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Mechanical Code, based on the 2021 Uniform
Mechanical Code, by the International Association of Plumbing and Mechanical
Officials.
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 &
Saf. 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."
Section 700: Section 15.08.010 (Adoption of California Plumbing Code) of
Chapter 15.08 (Plumbing Code) of Title 15 of the Code is hereby amended to read as
set forth in the quotations below:
"15.08.010 Adoption of California Plumbing Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition of the California Plumbing Code, including Appendix Chapters
A and C, based on the 2021 Uniform Plumbing Code as published by the International
Association of Plumbing and Mechanical Officials.
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 &
Saf. Code Section 18942(e)(1) and made available for public inspection. All
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administrative provisions including enforcement, permit process, fees, and inspections
for these chapters are contained in the Administrative Code under Chapter 15.02."
Section 701: Section 15.09.010 (Adoption of the International Swimming Pool
and Spa Code) of Chapter 15.09 (Residential Swimming Pool and Spa Code) of Title 15
of the Code is hereby amended to read as set forth in the quotations below:
"15.09.010 Adoption of the International Swimming Pool and Spa Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2021 Edition of the International Swimming Pool and Spa Code and all
national codes and standards referenced therein as published by the International Code
Council.
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 & Saf. Code Section 18942(e)(1)
and made available for public inspection."
Section 702: Section 15.10.030 (Exempt Work) of Chapter 15.10 (Excavation
and Grading Code) of Title 15 of the Code is hereby amended to read as set forth in the
quotations below:
15.10.030 Exempt Work.
A. No person shall do any grading without first having obtained a grading permit from
the Building Official except for the following:
1. An excavation below finish grade for footings of a building, retaining wall or
other structure authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation, nor exempt any excavation which is
unsupported or unstable after the completion of such structure, nor shall it exempt any
condition resulting from the construction of such structure which requires grading or
construction of drainage improvements to provide a safe and stable structure which
does not create adverse conditions on other properties, either public or private;
2. Cemetery graves;
3. Refuse disposal sites covered by other regulations;
4. Excavations for wells or tunnels or utilities under the jurisdiction of other
agencies. This shall not exempt any fill made from such excavations on private property
unless preemptive regulations have been established by law;
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5. Mining and quarrying together with necessary stockpiling, processing and other
activities where established and provided such operations do not significantly affect the
lateral or vertical support, or significantly increase the stresses in or pressure upon any
adjacent or continuous property;
6. Exploratory excavations under the direction of soils engineers or engineering
geologists provided all excavations are properly backfilled;
7. An excavation which (a) is less than two feet in depth; or (b) does not create a
cut slope greater than four (4) feet in height and steeper than two (2) horizontal to one
(1) 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 (5)
horizontal to one (1) vertical; or
b. Less than three (3) feet in depth not intended to support structures provided
that such fill will not create an adverse slope, erosion, drainage, groundwater or
structural condition.
B. Exceptions listed above shall not be interpreted as exempting future construction
on a site from code compliance due to an exempted nonconforming condition nor shall
any exception be construed as exempting an adverse condition from being corrected in
accordance with the procedures, nor shall it be construed as exempting any
requirement for grading as a flood plain management requirement.
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 the Building Official, or
when performed as part of maintenance work.
D. Whenever the 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."
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Section 703: Section 15.10.040 (Hazard Abatement) of Chapter 15.10
(Excavation and Grading Code) of Title 15 of the Code is hereby amended to read as
set forth in the quotations below:
"15.10.040 Hazard Abatement.
A. Whenever the 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 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 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 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."
Section 704: Section 15.10.050 (Definitions) of Chapter 15.10 (Excavation and
Grading Code) of Title 15 of the Code is hereby amended to read as follows:
15.10.050 Definitions.
For the purposes of this chapter, the definitions listed hereunder shall be construed as
specified in this section.
"Approval" means a written, civil engineering or geological opinion concerning the
satisfactory progress and completion of the work.
"As -graded" means the topographic surface at completion of grading.
"Bedrock" is in place of solid rock.
"Bench" means a relatively level step excavated into earth material on which fill is to be
placed.
"Borrow" means earth material acquired from off -site location for use in grading on a
site.
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"Civil engineer" means a professional engineer in the branch of civil engineering holding
a valid certification of registration, issued by the State of California.
"Civil engineering" means the application of the knowledge of the forces of nature,
principles of mechanics and the properties of materials to the evaluation, design and
construction of civil works or the beneficial uses of mankind.
"Clearing, brushing and grubbing" means the removal of vegetation (grass, brush, trees
and similar plant types or root systems) by mechanical means.
"Compaction" means the densification of a fill by mechanical means.
"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 Building Official.
"Earth material" is any rock, natural soil, fill, or any substance that makes up or
originates from the earth and/or any combination thereof.
"Engineering geologist" means a professional geologist registered in the State of
California as a geologist and certified by the State of California as a geologist and
certified by the State of California to practice engineering geology in the field of civil
works.
"Erosion" is the process by which rock and soil are removed from the earth's surface by
natural processes such as wind or water flow, and then transported and deposited in
other locations.
"Erosion control devices" (permanent) are devices used in best management practices
(BMPs) to be constructed in residential, industrial, commercial sites and agricultural
lands to reduce the discharge of pollutants in runoff. BMPs are often implemented to
comply with NPDES permit requirements, as a part of stormwater runoff management
programs required by the State of California and the County of Orange in conjunction
with the Water Quality Management Plan (WQMP) following the Orange County
Technical Guidance Document (TGD).
"Erosion control devices" (temporary) are devices which are designed to minimize
erosion and sediment from stormwater and nonstormwater runoff from construction
sites, natural areas, agricultural lands or urban environment. They are often
implemented in conjunction with an erosion and sediment control plan (ESCP).
"Excavation" means the mechanical or physical removal of earth material.
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"Fill" means a deposit of earth material placed by artificial means.
"Finish grade" means the final grade of the site which conforms to the approved plan.
"Grade" means the vertical location of the ground surface.
"Grading" means to bring an existing surface to a designed form by cutting, filling and/or
smoothing operations.
"Grading contractor" means a contractor licensed and regulated by the State of
California who specializes in grading work or is otherwise licensed to do grading work.
"Key" means designed and compacted fill placed in a trench excavated in earth material
beneath the toe of a proposed fill slope.
"Landslide" means the downward and outward movement of soil, rock or fill or a
combination thereof, or the resultant materials from such movement.
"Massive landslide" means a landslide too large to be stabilized by retaining methods or
normal control methods.
"Minor rain event" means less than three -fourths inches of rain in a 24-hour period.
"Permit" means any permit issued pursuant to this code, together with the application for
the same, the conditions upon which it was issued, together with any plans,
specifications, reports and approved modifications pertaining thereto.
"Permittee" means the owner or his authorized agent to whom a grading permit is
issued.
"Rough grade" means the stage at which the grade approximately conforms to the
approved plan.
"Sediment" means the material derived by erosion carried by an agent of erosion.
"Significant storm event" means more than three -fourths inches of rain in any 24-hour
period.
"Site" means any lot or parcel of land or contiguous combination thereof, under the
same ownership, where grading is performed or permitted.
"Slope" means an inclined ground surface, the inclination of which is expressed as a
ratio of horizontal distance to vertical distance.
"Soil" means naturally occurring surficial deposits overlying bedrock.
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"Soil engineer/geotechnical engineer" means a civil engineer with training and
experience in soil mechanics who specializes in the practice of soils and foundation
engineering. A soil engineer may use the title geotechnical engineer (GE) if he/she has
passed the GE examination. For the purposes of this code the terms soil engineer and
geotechnical engineer are interchangeable.
"Soil engineering" means the application of the principles of soil mechanics in the
investigation, testing, evaluation and design of civil works involving the use of earth
materials and the evaluation, inspection and testing of the construction thereof.
"Terrace" means a relatively level step constructed in the face of a grade slope surface
for drainage and maintenance purposes.
"Tract" means a subdivision of land containing five or more lots.
Section 705: Subsection (H)(5) of Section 15.10.060 (Grading Permit
Requirements) of Chapter 15.10 (Excavation and Grading Code) of Title 15 of the Code
is hereby amended to read as set forth in the quotations below:
"5. A stop sign conforming to the requirements of Section 21400 of the Cal. Veh. Code
shall be posted at the entrance of the access road to the public roadway;"
Section 706: Section 15.11.010 (Adoption of the California Green Building
Standards Code) of Chapter 15.11 (Green Building Standards Code) of Title 15 of the
Code is hereby amended to read as set forth in the quotations below:
15.11.010 Adoption of the California Green Building Standards Code.
The City Council adopts and incorporates by reference, as though set forth in full in this
section, the 2022 Edition 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 Saf. Code Section 18942(e)(1) and
made available for public inspection."
Section 707: Section 15.13.010 (Adoption of the California Historical Building
Code) of Chapter 15.13 (Historical Building Code) of Title 15 of the Code is hereby
amended to read as set forth in the quotations below:
"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 Part 8 and
Ordinance No. 2023-22
Page 352 of 470
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 & Saf. Code Section 18942(e)(1) and made
available for public inspection."
Section 708: Section 15.14.010 (Adoption of the California Existing Building
Code) of Chapter 15.14 (Existing Building Code) of Title 15 of the Code is hereby
amended to read as set forth in the quotations below:
"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 CCR 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 & Saf. Code Section 18942(e)(1) and made available for public
inspection."
Section 709: The Table of Contents for Chapter 15.15 (Report of Residential
Building Records) of Title 15 of the Code is hereby amended to read as follows:
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 Records.
15.15.040
Application.
15.15.050
Inspection.
15.15.060
Delivery of Report.
15.15.070
Refunds/Cancellation Fees.
Section 710: Section 15.15.010 (Authorization and Findings) of Chapter 15.15
(Report of Residential Building Records) of Title 15 of the Code is hereby amended to
read as set forth in the quotations below:
Ordinance No. 2023-22
Page 353 of 470
"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 City Charter, and
Government Code Section 38780, et seq. While requiring these reports can help
reduce and prevent violations of the Code, imposing this requirement can disrupt the
sale of residential property. Based thereon, the City Council finds that making a
voluntary program available to people purchasing residential real property is warranted".
Section 711: Section 15.15.030 (Report Required) of Chapter 15.15 (Report of
Residential Building Records) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"15.15.030 Obtaining a Report of Residential Building Records.
The owner of any residential building may obtain from the City a report of the residential
building records upon entering into an agreement of sale. Any owner seeking a report
shall file an application for such a report on forms provided by the City."
Section 712: Section 15.15.040 (Application) of Chapter 15.15 (Report of
Residential Building Records) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"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 an inspection of the residential building. If
the owner does not want an inspection of the residential building, the report shall
indicate that the residential building was not inspected by the City."
Section 713: Section 15.15.050 (Delivery of Report) of Chapter 15.15 (Report of
Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety and
replaced 15.15.050 (Inspection), to read as set forth in the quotations below:
"15.15.050 Inspection.
If the owner requests an inspection of the residential building, the City shall cause a
physical inspection of the residential building after research of the City 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."
Ordinance No. 2023-22
Page 354 of 470
Section 714: Section 15.15.060 (Exceptions) of Chapter 15.15 (Report of
Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety and
replaced 15.15.060 (Delivery of Report), to read as set forth in the quotations below:
"15.15.060 Delivery of Report.
The completed report of residential building records shall be delivered by the owner or
the owner's representative."
Section 715: Section 15.15.070 (Penalties) of Chapter 15.15 (Report of
Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety and
replaced 15.15.070 (Refunds/Cancellation Fees), to read as set forth in the quotations
below:
"15.15.070 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 of the 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."
Section 716: Section 15.15.066 (Expiration of Report) of Chapter 15.15 (Report
of Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety.
Section 717: Section 15.15.075 (Severability) of Chapter 15.15 (Report of
Residential Building Records) of Title 15 of the Code is hereby deleted in its entirety.
Section 718: The Table of Contents for Chapter 15.16 (Sign Code) of Title 15 of
the Code is hereby amended to read as follows:
Chapter 15.16
SIGN CODE
Sections:
15.16.010
Definitions.
15.16.020
Purpose and Scope.
15.16.030
Enforcement.
Ordinance No. 2023-22
Page 355 of 470
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.
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
Nonconforming Signs.
Section 719: Without making any other changes to the other definitions set forth
in Section 15.16.010 (Definitions) of Chapter 15.16 (Sign Code) of Title 15 of the Code,
the definition of "Designated High -Density Area" set forth in Section 15.16.010 is hereby
amended to read as follows:
Designated High -Density Area. The term "designated high -density area" shall mean any
shaded area on the map designating High Density Areas, previously adopted by the
City Council and which is on file with the City Clerk's Office. (See, High Density Map).
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(E).
Ordinance No. 2023-22
Page 356 of 470
Section 720: Subsection (B) of Section 15.16.110 (Permits) of Chapter 15.16
(Sign Code) of Title 15 of the Code is hereby amended to read as set forth in the
quotations below:
"B. Issuance. In accordance with the provisions of and subject to the exceptions in
Cal. Lab. Code Section 3800, each applicant must show that he possesses the
contractor's license required by the State."
Section 721:Section 15.16,120 (Application for Sign Permit) of Chapter 15.16
(Sign Code) of Title 15 of the Code is hereby amended to read as set forth in the
quotations below:
"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 Cal Pen. Code Section 385, the regulations of the California
Public Utilities Commission, and the orders of the State Division of Industrial Safety."
Section 722: Section 15.16.370 (Separate Penalty Provisions) of Chapter 15.16
(Sign Code) of Title 15 of the Code is hereby deleted in its entirety.
Section 723: Section 15.17.010 (Adoption of the California Energy Code) of
Chapter 15.17 (Energy Code) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"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, 24 CRR 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 & Saf. Code Section 18942(e)(1) and made available for public inspection."
Ordinance No. 2023-22
Page 357 of 470
Section 724: Subsection (F) of Section 15.18.060 (Duties of the Building Safety
Division and Chief Building Official) of Chapter 15.18 (Solar Systems) of Title 15 of the
Code is hereby amended to read as set forth in the quotations below:
"F. All fees prescribed for the permitting of small residential rooftop solar energy
systems must comply with Cal Gov. Code Sections 65850.55, 66015, and 66016 and
Cal. Health & Saf. Code Section 17951."
Section 725: Subsections (E) and (F) of Section 15.18.070 (Permit Review and
Inspection Requirements) of Chapter 15.18 (Solar Systems) of Title 15 of the Code are
hereby amended to read as set forth in the quotations below:
"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 Cal. Civ. Code Section 714(d)
(1) (A) (B), 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 Cal. Civ. Code Section 4080."
Section 726: Section 15.20.080 (House Mover's Permit Required) of Chapter
15.20 (House Moving) of Title 15 of the Code is hereby amended to read as set forth in
the quotations below:
"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 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."
Section 727: Section 15.37.010 (Intent) of Chapter 15.37 (Approval in Concept
Permit) of Title 15 of the Code is hereby amended to read as set forth in the quotations
below:
"15.37.010 Intent.
To comply with the California Coastal Act and the South Coast Regional Commission's
operating regulations, it is necessary for the City to approve in concept all projects in the
coastal zone permit area prior to any action by the South Coast Regional Commission."
Ordinance No. 2023-22
Page 358 of 470
Section 728:The Table of Contents for Chapter 15.38 (Fair Share Traffic
Contribution Ordinance) of Title 15 of the Code is hereby amended to read as follows:
Chapter 15.38
FAIR SHARE TRAFFIC CONTIRUBTION 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
Supplementary Provisions.
Section 729: Subsection (D) of Section 15.38.050 (Establishment of Fair Share
Traffic Contribution) of Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of
Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"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 Consumer Price 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."
Section 730: Section 15.38.110 (Waiver for Affordable Housing) of Chapter
15.38 (Fair Share Traffic Contribution Ordinance) of Title 15 of the Code is hereby
amended to read as set forth in the quotations below:
"15.38.110 Waiver for Affordable Housing.
Ordinance No. 2023-22
Page 359 of 470
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 Cal. Gov. Code Section 65852.1."
Section 731: Section 15.38.130 (Severability) of Chapter 15.38 (Fair Share
Traffic Contribution Ordinance) of Title 15 of the Code is hereby deleted in its entirety.
Section 732: The Table of Contents for Chapter 15.40 (Traffic Phasing
Ordinance) of Title 15 of the Code is hereby amended to read as follows:
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.
* Prior ordinance history: Ords. 1765, 1777, 1787, 85-30, 86-20 and 94-2.
Section 733: Section 15.40.040 (Definitions) of Chapter 15.40 (Traffic Phasing
Ordinance) of Title 15 of the Code is hereby amended to make the following
modifications to the specific definitions set forth below, without making any other
changes to the other definitions set forth in Section 15.40.40:
The definition of Traffic Manager, set forth in Section 15.40.040, shall read as set forth
in the quotations below:
"'Traffic Manager' means the person designated by the City Manager as the City Traffic
Engineer pursuant to Section 2.32.010."
The definition of Peak hour period, set forth in Section 15.40.040, shall read as set forth
in the quotations below:
"Peak hour period" means the four consecutive fifteen (15) minute periods between 7:00
a.m. and 9:00 a.m. (morning) and the four consecutive fifteen (15) minute periods
between 4:30 p.m. and 6:30 p.m. (evening) with the highest traffic volumes (for each
primary intersection) as determined by the field counts required by Appendix A."
Ordinance No. 2023-22
Page 360 of 470
The definition of Project, set forth in Section 15.40.040, shall read as set forth in the
quotations below:
"Project" means "project" as defined in CEQA 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.
Section 734: Section 15.40.080 (Severability) Chapter 15.40 (Traffic Phasing
Ordinance) of Title 15 of the Code is hereby deleted in its entirety.
Section 735: Subsection (3)(i)(iii) of Appendix A (Administrative Procedures for
Implementing the Traffic Phasing Ordinance) of Chapter 15.40 (Traffic Phasing
Ordinance) of Title 15 of the Code is hereby amended to read as set forth in the
quotations below:
"(iii). The Traffic Manager and 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
subsection 3(d)(i) have been taken subsequent to issuance of the certificate of
occupancy."
Section 736: Appendix B (Primary Intersections) of Chapter 15.40 (Traffic
Phasing Ordinance) of Title 15 of the Code is hereby amended to read as follows:
Balboa and 21 st
Bayview and Bristol
Birch and Bristol North
Birch and Bristol
Campus and Bristol
Campus and Bristol North
Campus and Von Karman
Coast Highway and Avocado
Coast Highway and Bayside
Coast Highway and Dover/Bayshore
Coast Highway and Goldenrod
Coast Highway and Jamboree
Coast Highway and MacArthur
Jamboree and Bayview
Jamboree and Birch
Jamboree and Bison
Jamboree and Bristol North
Jamboree and Bristol
Jamboree and Campus
Jamboree and Ford/Eastbluff
Jamboree and MacArthur
Jamboree and San Joaquin Hills
Jamboree and Santa Barbara
Jamboree and University/Eastbluff
MacArthur and Birch
MacArthur and Bison
Coast Highway and Marguerite
Coast Highway and Newport Center
Coast Hwy and Newport Coast
Coast Highway and Newport Ramp
Coast Highway and Orange
Coast Highway and Poppy
Coast Highway and Riverside
Coast Highway and Tustin
Coast Highway and Superior
Dover and 16th
Dover and Westcliff
Irvine and Dover/19th
Irvine and Highland/20th
Irvine and Mesa
Irvine and Santiago/22nd
Irvine and University
Irvine and Westcliff/17th
Ordinance No. 2023-22
Page 361 of 470
MacArthur and Campus
MacArthur and Ford/Bonita Canyon
MacArthur and San Joaquin Hills
MacArthur and San Miguel
MacArthur and Von Karman
Marguerite and San Joaquin Hills
Newport and Balboa
Newport and Hospital
Newport and Via Lido
Newport and 32nd
Newport Coast and Ridge Park
Newport Coast and San Joaquin 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
Section 737: Subsection (B) of Section 15.42.040 (Notice of Hearing) of Chapter
15.42 (Major Thoroughfare and Bridge Fee Program) of Title 15 of the Code is hereby
amended to read as set forth in the quotations below:
"B. Notice shall be given at least ten (10) days before the hearing by the following:
1. Notice published at least once in a newspaper of general circulation within the
proposed area of benefit.
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.
3. Notices sent by first-class mail addressed to each property owner within the
boundary of the proposed area of benefit.
4. Notices sent by first-class mail to all known Homeowners' Associations within
the proposed area of benefit.
Ordinance No. 2023-22
Page 362 of 470
5. Notice by first-class mail to any person who has filed a written request therefor
with the Director of Public Works. Such request shall apply for the calendar year in
which it is filed."
Section 738: Section 15.45.010 (Purpose) of Chapter 15.45 (Development
Agreements) of Title 15 of the Code is hereby amended to read as set forth in the
quotations below:
"15.45.010 Purpose.
The lack of certainty in the approval of development projects can result in a waste of
resources, escalate the cost of the project and discourage investment in, and
commitment to, comprehensive planning.
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 Cal. Gov. Code Section 65864 et seq."
Section 739: Section 15.45.050 (Public Hearing —Notice) of Chapter 15.45
(Development Agreements) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"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 Cal. Gov. Code
Sections 65090 and 65091 in addition to such other notices that may be required by law
or ordinance for actions considered concurrently with the development agreement."
Section 740: Section 15.45.070 (Amendment/Cancellation) of Chapter 15.45
(Development Agreements) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"15.45.070 Amendment/Cancellation.
Development agreements shall only be used after careful consideration since they can
limit authority of future City Councils to react to changed conditions.
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 in Cal. Gov. Code Section 65867. An amendment to a development
Ordinance No. 2023-22
Page 363 of 470
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 State or federal laws or
regulation."
Section 741: Section 15.45.090 (Local Coastal Programs) of Chapter 15.45
(Development Agreements) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"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. 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."
Section 742: The Table of Contents for Chapter 15.50 (Floodplain Management)
of Title 15 of the Code is hereby amended to read as follows:
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.
15.50.130
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.
Ordinance No. 2023-22
Page 364 of 470
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.
15.50.240
Mudslide Prone Areas.
15.50.250
Flood -Related Erosion -Prone Areas.
Section 743: Section 15.50.010 (Statutory Authorization) of Chapter 15.45
(Floodplain Management) of Title 15 of the Code is hereby amended to read as set forth
in the quotations below:
"15.50.010 Statutory Authorization.
The Legislature of the State has in Cal. Gov. 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 does ordain as set out in this chapter."
Section 744: Section 15.50.120 (Severability) of Chapter 15.45 (Floodplain
Management) of Title 15 of the Code is hereby deleted in its entirety.
Section 745: Section 15.60.030 (Temporary Project Information Sign) of Chapter
15.60 (Construction Site Fencing and Screening) of Title 15 of the Code is hereby
amended to read as follows:
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. The temporary project information sign shall be two
feet in height by three (3) feet in length with the following information printed legibly in
seventy-two (72) point font:
A. Permit number;
B. Site address;
Ordinance No. 2023-22
Page 365 of 470
C. General contractor's name;
D. General contractor's license number;
E. Contact name;
F. Contact phone number; and
G. Contact email address.
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 may specify and require.
The temporary project information sign shall be in substantial conformance to the
following; however, the Community Development Director may require inclusion of
additional information:
ADDRES
CONTACT:
PROJECT INFORMATION
PHONE
CONTRACTOR: LICENSE
PERMIT No.:
EMAIL:
CODE ENFORCEMENT: 644-3215 1 PARKING ENFORCEMENT: 644-3717 1 BUILDING INSPECTION 644-3200
CDD@newportbeachca.gov
Section 746: Section 15.65.010 (Intent and Purpose) of Chapter 15.65 (Santa
Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set
forth in the quotations below:
"15.65.010 Intent and Purpose.
The County and the City have entered into a stipulation for termination of litigation
relating to John Wayne Airport, an annexation agreement and a cooperative agreement
regarding redevelopment which together promote cooperation between the City and
County in the use of redevelopment law to implement the land use compatibility plan for
John Wayne Airport in an area southerly of the airport commonly known as `Santa Ana
Heights.'
The County intends to finance land use conversions,
assurance, equestrian facilities, and traffic improvement
Redevelopment Law.
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s
sound attenuation, purchase
using California Community
The City in accordance with the cooperative agreement intends to assist the County
implement the land use compatibility plan through the use of redevelopment law while at
the same time retaining for the City certain revenue generating powers and land use
controls within the territorial limits of the City and within areas which may be annexed to
the territorial limits of the City.
The Planning Commission of the County and the Orange County Development Agency
have cooperated in the selection of a project area pursuant to Cal Health & Saf. 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. Such territory is
contiguous to the unincorporated territory of the County which is also included within
such project area. The subject project area and the territory within the City are
designated on the map attached as Exhibit A to the ordinance codified in this chapter.
Cal. Health & Saf. 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."
Section 747: Section 15.65.020 (Authorization) of Chapter 15.65 (Santa Ana
Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth
in the quotations below:
"15.65.020 Authorization.
Pursuant to Cal. Health & Saf. Code Section 33213, the City Council of the City hereby
authorizes redevelopment by the County 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 is hereby designated to undertake such
redevelopment. Pursuant to Cal. Health & Saf. Code Section 33213, any redevelopment
plan prepared by the Orange County Development 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."
Section 748: Subsection (E) of Section 15.65.030 (Approval of Redevelopment
Plan) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is
hereby amended to read as set forth in the quotations below:
"E. The redevelopment plan contains a provision that Cal. Health & Saf. Code Section
33214 shall not serve to limit the provisions set forth in parts (A), (B), (C) and (D)
above."
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Section 749: Section 15.80.010 (Building and Fire Board of Appeals) of Chapter
15.80 (Building and Fire Board of Appeals) of Title 15 of the Code is hereby amended to
read as set forth in the quotations below:
"15.80.010 Building and Fire Board of Appeals.
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 Building
Code (Chapter 15.02 through Chapter 15.14) and Fire Code (Title 9), as adopted by the
City, and any other matter specified in the Code, there shall be and is hereby created a
Building and Fire Board of Appeals consisting of seven (7) 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. 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."
Section 750: Subsection (G) of Section 15.80.060 (Procedures) of Chapter 15.80
(Building and Fire Board of Appeals) of Title 15 of the Code is hereby amended to read
as set forth in the quotations below:
"G. Final. The decision of the Building and Fire Board of Appeals shall be final as to
the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5."
Section 751: Section 17.01.030 (Definition of Terms) of Chapter 17.01
(Definitions) of Title 17 of the Code is hereby amended to read as follows:
17.01.030 Definition of Terms.
A. Definitions: A.
1. Abutting Upland(s) Property. The term "abutting uplands property" or "abutting
upland(s)" shall mean the adjacent bordering property held in fee or by lease. In
instances, such as on Balboa Island, where a City -owned public walkway exists
between the harbor structure and the adjacent bordering property, the "abutting uplands
property" or "abutting upland(s)" shall mean the property adjacent to and abutting the
property held in fee or by lease on the landward side of the walkway.
2. Alternate Materials, Design and Methods of Construction. The term "alternate
materials, design and methods of construction" shall refer to the alternate materials,
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design or methods of construction authorized in Sections 1.8.7.2 and [A] 104.11 of the
California Building Code.
3. Anchorage or Anchorage Area. The terms "anchorage" and "anchorage area"
shall mean any portion of Newport Harbor which has been designated pursuant to law
and approved by the Federal government for the temporary anchorage of vessels, using
the vessel's own anchoring tackle.
4. Applicant. The term "applicant" shall mean a person applying for a permit under
this title.
5. Approval in Concept. The term "approval in concept" shall mean a conceptual
approval issued by the City prior to the application to the Coastal Commission, Army
Corps of Engineers or other regulatory agency for development in areas where the
regulatory agency retains jurisdiction, which indicates the proposed development
conforms in concept to this Code and the design criteria.
6. Assigned Vessel. The term "assigned vessel" shall mean a vessel lawfully
owned and registered or documented to a permittee to occupy a designated mooring or
berthing location in Newport Harbor.
B. Definitions: B.
1. Back Bay. See Upper Newport Bay.
2. Bareboat Charter. The term "bareboat charter" shall mean any vessel not
inspected by the United States Coast Guard under Title 46 of the Code of Federal
Regulations and which has been chartered for consideration.
3. Beach. The term "beach" shall mean the expanse of sand, gravel, cobble or
other unconsolidated material that extends landward from the low water line to the place
where there is distinguishable change in physiographic form, or to the line of permanent
vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low
water line.
4. Beam. The term "beam" shall mean the width of a vessel. Vessel beams are
generally critical at two locations of the boat, at the water line where the boat directly
interfaces the dock, and the walking deck. For the purpose of compliance with any
measurement requirements, the beam shall be interpreted as the widest point of the
vessel which includes all vessel attachments including but not limited to boarding steps,
rub rails and fixed fenders.
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5. Berth. The term "berth" shall mean any location such as a floating dock, slip,
side tie, mooring and the related area (berthing area or space) adjacent to or around it,
allocated to tie up and/or store a boat.
6. Breakwater. The term "breakwater" shall mean a structure or barrier protecting
a shore area, harbor, anchorage, or basin from waves, usually constructed as a
concrete or riprap (rock wall) structure.
7. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining
wall that separates dry land areas and water areas.
8. 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.
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.
C. Definitions: C.
1. Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean seaweed
(Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to
cause severe ecological damage to coastal and nearshore waters.
2. Certified Charter. The term "certified charter' shall mean any vessel inspected
by the United States Coast Guard under Title 46 of the Code of Federal Regulations
and which has been chartered for consideration.
3. Channel. The term "channel" shall mean a water area in Newport Harbor
designated for vessel navigation with necessary width and depth requirements, and
which may be marked or otherwise designated on Federal navigation charts, City
navigation charts or maps, or other sources.
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4. Chartered for Consideration. The term "chartered for consideration" shall mean
any vessel which has been hired or leased by the owner, directly or through an
authorized representative, to any person for a voyage in exchange for the payment of
money, the receipt of something of value, or the forgiveness of a debt.
5. Chum. The term "chum" shall mean to place in the water fish, or other material
upon which fish feed, for the purpose of attracting fish to a particular area in order that
they may be taken.
6. 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.
7. 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. 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.
9. 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. Pub.
Resources Code, Section 30101).
10. 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.
11. Commercial Fishing Vessel. The term "commercial fishing vessel" shall mean a
vessel registered by the Department of Fish and Wildlife pursuant to the Cal. Fish &
Gam. Code Section 7880 et seq., when operating under the authority of a fish and
game permit or license.
12. 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.
D. Definitions: D.
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1. Dead Load. The term "dead load" shall mean the weight of all construction
materials and equipment that may be permanently attached to a dock.
2. Design Criteria. The term "design criteria" refers to "Waterfront Project
Guidelines and Standards, Harbor Design Criteria, Commercial and Residential
Facilities" adopted by the City and as amended from time to time, as minimum
standards for design whenever harbor permits are required. The City may require
additional requirements, based on the specific details of a particular application and
project.
3. Dinghy or Tender. The term "dinghy" or "tender" shall mean a vessel no longer
than fourteen (14) feet in overall length.
4. Dock. The term "dock" shall mean a structure generally linked to the shoreline
to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings,
or may float in the water.
5. Dolphin. The term "dolphin" shall mean a multi -pile structure that is used for
mooring large boats that generally cannot be accommodated by floating docks.
6. Dry (Boat) Storage. The terms "dry storage" or "dry boat storage" shall mean all
on -land storage of vessels, including vessels normally stored in open or enclosed rack
structures, on trailers, on cradles, on boat stands, or by other means.
E. Definitions: E.
1. Eelgrass. The term "eelgrass" shall mean a marine flowering plant (Zostera
marina) that is found primarily in coastal bays and estuaries on soft substrate.
2. Encroachment. The term "encroachment" shall mean the extension of a
building, structure or other improvement, or part thereof, on the property or domain of
another.
3. End Tie. The term "end tie" shall mean berths located on the outermost end of a
floating dock structure where the dock is alongside only one side of the boat. The boats
associated with an end tie may be situated beyond the pierhead line along a channel.
4. Erosion. The term "erosion" shall mean the wearing away of land by natural
forces. On a beach, erosion is the carrying away of beach material by wave action,
currents or wind.
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5. Estuary. The term "estuary" shall mean the region near a creek or river mouth
in which the fresh water of the river mixes with the salt water of the sea.
F. Definitions: F.
1. Fairway. The term "fairway" shall mean an area of water adjacent to slips or
mooring buoy locations that feed into a channel, and which is used for direct access to
slips or moorings. When associated with slips, the fairway is defined as lying between
the outer end of a line of fingers and the nearest obstruction on the opposing side (i.e.,
other slips, bulkhead, vessels on side ties, etc.). When associated with a mooring area,
the fairway is defined as lying between the outer ends of the mooring buoy on either
side of the fairway as delineated by Council policy.
2. Federal Channel. The term "Federal channel" shall mean that area of the Lower
Newport Bay described by the Army Corps of Engineers, Chief of Engineer to Congress
on November 11, 1936, as recorded in the First Session of the Seventy -Fifth Congress
in 1937.
3. 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.
4. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems, the term
"freeboard" shall mean the distance between the water surface and the walking surface
of the dock system.
b. Vessel Freeboard. For the purposes of vessels, the term "freeboard" shall
mean the vertical distance between the water line and the top of the gunwale.
5. 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.
G. Definitions: G.
1. Gangway. The term "gangway" shall mean a structure that provides pedestrian
access from land to the floating docks. One end is generally attached to the bulkhead,
fixed pier or landside with a hinge, and the other end rolls on gangway wheels or slide
plates, which rest directly on the dock surface. The word "brow" is synonymous with
"gangway."
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2. Graywater. The term "graywater" shall mean all water and other fluids used on
a vessel for any purpose whatsoever, including but not limited to, washing or cleaning
clothing, linens, towel, bedding or other linens; washing or cleaning cooking equipment,
eating utensils, or serving ware; bathing, showering or cleansing; and/or washing and/or
cleaning all or any portion of the interior of a vessel, including but not limited to, heads,
kitchens, engine rooms, floors, windows, furniture, equipment or other portions of the
interior of the vessel.
3. Groin. The term "groin" shall mean a shoreline protection structure built, usually
perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the
shore. A structure that extends from a beach or bulkhead perpendicularly to the
shoreline into tidal waters is intended to trap and retain and/or reduce the erosion of
sand and retard the general erosion of the shoreline and undermining of shore
protection structures (bulkheads, riprap slopes, etc.).
4. Groin System or Groin Field. The term "groin system" or "groin field" shall mean
a series of groins acting together to protect a section of beach or shoreline.
H. Definitions: H.
1. Habitat. The term "habitat" shall mean the locality, including the physical and
biological environment, in which a plant or animal lives.
2. Harbor Lines. The term "harbor lines" shall mean all established bulkhead,
pierhead, and project lines as defined within Newport Harbor by the 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. 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.
4. 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 waters of Newport Harbor or the Pacific
Ocean or any other water where the tide ebbs and flows within the City.
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5. 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. 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.
7. 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.
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.
3. 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. 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.
5. Live Load. The term "live load" refers to the weight of all temporary loads such
as pedestrians and berthing loads.
6. 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
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City and certified by the Coastal Commission in order to implement the provisions and
policies of the Coastal Act at the local level.
7. Longshore. The term " longshore" shall mean parallel to and near the shoreline.
8. Lower Newport Bay. The term "Lower Newport Bay" shall mean the area of
Newport Bay south of the centerline of Coast Highway.
J. Definitions: M.
1. Maintenance Construction. The term "maintenance construction" shall mean
the reconstruction or replacement within the existing footprint of twenty (20) percent, or
less, of the total replacement value of an existing pier, float, gangway, piling, bulkhead,
seawall, reef, breakwater or other structure, as well as other criteria as stated in
subsequent sections of this title. Construction estimates and the total value of work on
any given project is based on predetermined values of various work on record with and
established by the Building Official.
2. Mainwalk. The term "mainwalk" shall mean that portion of a dock that serves
as a primary pedestrian access to fingers and slips. Fingers are generally attached
directly to mainwalks. Mainwalks are generally perpendicular to the bulkhead and
headwalk, and may connect directly to a headwalk.
3. Marina. The term "marina" shall mean a commercial berthing facility (other than
moorings, anchorage or noncommercial pier) in which five (5) or more vessels are wet -
stored (in water) and/or dry -stored (on land/racks) for more than thirty (30) days.
4. Marine Activity Permittee. The term "marine activity permittee" shall mean any
person, or persons, partnership, corporation, or other entity holding a permit issued
pursuant to the provisions of Chapter 17.10.
5. Mean Lower Low Water (MLLW). The term "mean lower low water" or "MLLW"
shall mean the nineteen (19) year average of the lower low water heights. MLLW is the
datum used to define elevations of structures within the bay, along the coastline, and for
navigation.
6. Mono Pile. The term "mono pile" shall mean a normally large diameter pile that
is used for mooring large boats that generally cannot be accommodated by floating
docks. Generally, mono piles and dolphin piles are used for similar purposes.
7. Mooring. The term "mooring" shall mean a device consisting of a floating buoy
or other object that is secured to the harbor bottom by an anchor system for purposes of
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securing a vessel and includes any apparatus used to secure a vessel in Newport
Harbor which is not carried aboard such vessel as regular equipment when under way.
8. Mooring Area. The term "mooring area" shall mean an area designated for a
group of moorings.
9. Motorboat. The term "motorboat" shall mean any vessel being propelled by
machinery.
10. Mudline. The term "mudline" shall mean the highest elevation of accumulated
sediments.
11. Multiple Vessel Mooring System. The term "multiple vessel mooring system"
shall mean a floating platform secured to a single or double anchor mooring system
which allows multiple vessels to be secured.
K. Definitions: N.
1. New Construction. The term "new construction" shall mean: the erection or
construction of a new pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or
other structure; or the improvement, conversion, extension, reconstruction or
replacement of more than twenty (20) percent of the replacement value of an existing
pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure.
Construction estimates and the total value of work on any given project is based on pre-
determined values of various work on record and established by the Building Official.
2. Newport Bay. The term "Newport Bay" shall mean the estuary consisting of the
Lower Newport Bay and the Upper Newport Bay.
3. Newport Harbor. The term "Newport Harbor" shall mean the water area within
the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper
Newport Bay Ecological Reserve.
4. Nonprofit Organization. The term "nonprofit organization" shall mean an entity
that registers with the Internal Revenue Service or the State Franchise Tax Board as tax
exempt and, as a result, designated as tax exempt by the Internal Revenue Service or
the State Franchise Tax Board.
L. Definitions:O.
1. Offshore Mooring. The term `offshore mooring" shall mean a mooring that is
located bayward of the pierhead line and is comprised of a single or double buoy,
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weight and chain installed for the purpose of berthing a vessel, as provided by
Chapter 17.25.
2. Onshore Mooring. The term "onshore mooring" or "shore mooring" shall mean a
mooring for vessels which is located in the nearshore perimeter of the harbor and its
islands, perpendicular to the shoreline, where one end of the mooring line is attached to
a point on or adjacent to the bulkhead, and the other end is attached to a single buoy,
weight and chain installed for the purpose of berthing a vessel, as provided by
Chapter 17.25.
3. Open Coastal Waters. The term "open coastal waters" shall mean the area
composed of submerged lands at extreme low water of spring tide extending seaward to
the boundaries of the exclusive economic zone (twelve (12) to two hundred (200)
miles). This includes navigation channels, turning basins, vessel berthing, anchorage
and mooring areas of Newport Bay.
4. Operable. The term "operable" shall mean capable of safely maneuvering
under the vessel's own power from the mooring to a demarcation line designated by the
appropriate authority and generally to be defined as the line between the seaward ends
of the harbor entrance jetties and back to the mooring.
5. Operator. The term "operator" shall mean the person who operates or who has
charge of the navigation or use of the vessel.
M. Definitions: P.
1. 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.
2. 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.
3. 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.
a. Commercial Pier. The term "commercial pier" shall mean a pier adjacent to
commercially or nonresidentially zoned property with single or multiple berths which are
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rented or leased, including any pier used in connection with marinas, charter facilities,
yacht clubs, yacht sales, rental facilities or boat yards. For purposes of this chapter,
multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily
dwelling or dwelling units that are income generating, and structures adjacent to
commercially zoned uplands that are business or income generating in nature, shall be
deemed commercial.
b. Noncommercial Pier. The term "noncommercial pier" shall mean a pier used
for private recreational purposes by the owner(s), occupant(s), guest(s) or lessee(s) of
the abutting residentially zoned upland property.
c. Public Pier. The term "public pier" shall mean a pier used for public
recreational purposes provided by a public agency.
4. 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.
5. 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.
7. 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.
N Definitions: R.
1. Residential. The term "residential" shall mean those properties that are
identified in Title 20 as a district that allows residential uses or areas designated and
used for residential purposes.
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2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus of
the Rhine Channel where vessels may load and unload supplies directly to and from the
wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf public pier" shall mean the pier
and long float parallel to the Rhine Wharf, and which is used for public recreational
purposes provided by the City.
4. Riprap. The term "riprap" shall mean a protective layer or facing of rock,
concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an
embankment or bluff.
O. Definitions: S.
1. Sail Area. The term "sail area," as defined for the purposes of structural
analysis or berthing facilities and structural pilings, shall mean the area of a boat, above
the water line, that is exposed to wind under tied/berthed conditions.
2. Sailing Club. The term "sailing club" shall mean an organization operating from
a fixed location and principally engaged in the coordination or facilitation of the use of
boats owned or operated by the club for its members.
3. Seaworthy. The term "seaworthy" shall mean that the vessel is safe, operable
and reasonably fit for its intended purpose, not leaking fluids overboard, and its hull,
keel, decking, cabin and mast are structurally sound and generally free from dry -rot.
4. Shore. The term "shore" shall mean the narrow strip of land in immediate
contact with the sea, including the zone between high and low water line. A shore of
unconsolidated material is usually called a beach.
5. Shoreline. The term "shoreline" shall mean the intersection of the ocean or sea
with land; the line delineating the shoreline on National Oceanic and Atmospheric
Administration (NOAA) Office of Coast Survey nautical charts and surveys
approximating the mean low tide water line at the time the chart was prepared.
6. Side Tie. The term "side tie" shall mean a berth where the dock is alongside
only one side of the boat.
7. Slip. The term "slip" shall mean a berth where the boat has a finger on one side
and either another finger or adjacent boat on the other side.
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8. Sport Fishing Charter. The term "sport fishing charter" shall mean a vessel
chartered solely for sport fishing outside of Newport Harbor.
9. Submerged Lands. The term "submerged lands" shall mean lands which lie
below the line of mean low tide.
10. Sub -Permit. The term "sub -permit" shall mean a permit issued by the
Harbormaster for the temporary use of a deemed vacant or noticed vacant mooring.
P. Definitions: T.
1. Tidelands. The term "tidelands" or "public tidelands" shall mean all lands that
were granted to the City by the State of California, including, but not limited to,
submerged lands and/or lands that are located between the lines of mean high tide and
mean low tide.
2. Tidelands Trust. The term "tidelands trust" shall mean all tidelands and
submerged lands granted to the City by State or Federal legislation and the terms and
conditions of any such legislative grant.
Q. Definitions: U.
1. Upland. The term "upland" shall mean land with a shared property line with and
immediately adjacent to Newport Harbor.
2. Upper Newport Bay. The terms "Upper Newport Bay" and "Back Bay" are often
used interchangeably. The term "Upper Newport Bay" shall mean the area of Newport
Bay north of the centerline of Coast Highway.
R. Definitions: V.
1. Vessel. The term "vessel" shall mean any watercraft used as a means of
transportation on water, whether mechanically powered, human powered or wind
powered, including, but not limited to, ships and boats of all kinds, sailboats,
catamarans, trimarans, dinghies, and every hulled structure adapted to be navigated
from place to place for the transportation of persons or property.
2. Vessel Length. The term "vessel length" shall include the following:
a. Length Overall as published by the manufacturer of a particular vessel
(LOA).
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b. Adjusted Length Overall (Adjusted LOA) is the LOA plus the length including
all vessel attachments which may include bowsprits, swim steps or stern mounted
dinghies or other objects affixed to the vessel adding to the LOA.
c. In the event the LOA cannot be obtained from the published manufacturer
specifications, then the LOA shall be determined by first, a United States Coast Guard
(USCG) documentation certificate, or if none is available then second, by a State issued
registration document, or if none is available, then third by other official documentation
certifying the LOA of the vessel acceptable to the Harbormaster at his or her discretion.
3. Vessel Owner. The term "vessel owner" shall mean the owner of the vessel as
shown on current registration with the Department of Motor Vehicles or the United
States Coast Guard.
4. Vessel Width. The term "vessel width" shall have the same meaning as "beam"
defined above.
S. Definitions: W.
1. Walkway. The term "walkway" shall mean a walkway on a wide portion of the
floating dock system that is used for pedestrian access. A walkway can refer to the
headwalk, mainwalk and/or fingers.
2. Waters of Newport Harbor. The term "waters of Newport Harbor' shall mean all
waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary
or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court
action or otherwise and whether or not the lands lying under the tidal water are privately
or publicly owned.
3. Wind -Powered Vessel. The term "wind -powered vessel" shall mean a vessel
that is being propelled by the wind through the use of sails and without the use of a
motor or other machinery.
T. Definitions: Z.
1. Zostera Marina. See Eelgrass.
Section 752: Subsections (B)(2) Section 17.05.140 (Public Hearings) of Chapter
17.05 (General Provisions) of Title 17 of the Code is hereby amended to read as set
forth in the quotations below:
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"2. Method of Notice Distribution. Notice of a public hearing required by this title shall
be given as specified below.
a. Mailing. Notice shall be mailed or delivered at least ten (10) calendar days
before the scheduled hearing to all the following:
i. Project Site Owners, Applicant and Appellant. The owners of the property
being considered in the application, or the owners' agent, the applicant or the
applicant's agent, and the appellant, if any;
ii. Nearby Property Owners. All owners of real property located within a three
hundred (300) foot radius, excluding intervening rights -of -way and waterways, of the
exterior boundaries of the location of the subject matter of the application, as shown on
the last equalized assessment roll. It shall be the responsibility of the applicant to obtain
and provide to the review authority a list of the names and addresses of all owners who
are to be provided notice under this subsection; and
iii. Persons Requesting Notice. A person who has made a written request for
notice with the City Clerk.
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) calendar days before the scheduled public hearing in the
following manner:
i. One or more signs shall be posted as determined by the City;
ii. The size and location of the sign(s) shall be determined by the City to
ensure that it will be easily readable by the public;
iii. The project applicant, or in the case of an appeal, the appellant shall be
responsible for maintaining the sign(s) in a satisfactory condition; and
iv. The project applicant shall remove the sign(s) after the date specified for
the public hearing.
c. Failure to Receive Notice. The failure of any person or entity to receive notice
given in compliance with this section shall not invalidate the actions of the applicable
review authority."
Section 753: Subsection (B)(13) of Section 17.10.060 (Power to Impose
Conditions —Hold Harmless) of Chapter 17.10 (Marine Activities Permit) of Title 17 of
the Code is hereby amended to read as set forth in the quotations below:
13. Insurance, which types and amounts shall be determined by the Risk Manager,
and a business license shall be maintained in full force and effect for the full term of the
permit;"
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Page 383 of 470
Section 754: Section 17.10.070 (Insurance) of Chapter 17.10 (Marine Activities
Permit) of Title 17 of the Code is hereby amended to read as set forth in the quotations
below:
"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 insurance, which types and amounts shall be
determined by the 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 Section 1.08.080. Proof of insurance must clearly identify the activities
and/or vessels covered."
Section 755: Section 17.20.040 (Abandoned or Unattended Vessels and
Property) of Chapter 17.20 (Vessel Launching and Operation) of Title 17 of the Code is
hereby amended to read as set forth in the quotations below:
"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, Cal. Harb. & Nay. 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:
A. Any nighttime hours (sunset to sunrise);
B. Any time period when a small craft advisory or greater has been issued by the
National Oceanic and Atmospheric Administration; or
C. Daylight hours for more than three hours."
Section 756: Subsection (E)(3) of Section 17.20.060 (Vessel Races) of Chapter
17.20 (Vessel Launching and Operation) of Title 17 of the Code is hereby amended to
read as set forth in the quotations below:
"3. Otherwise comply with this Code, Cal. Harb. & Nay. Code, and the Federal Inland
Navigation Rules; and"
Ordinance No. 2023-22
Page 384 of 470
Section 757: Subsections (A)(1)(b), (H)(2)(a), (H)(2)(b) and (H)(4) of Section
17.25.020 (Anchorage, Berthing and Mooring Regulations) of Chapter 17.25 (Berthing,
Mooring, and Storage) of Title 17 of the Code are hereby amended to read as set forth
below:
Subsection (A)(1)(b) of Section 17.25.020 shall read as set forth in the quotations
below:
"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) 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."
Subsections (H)(2)(a) and (H)(2)(b) of Section 17.25.020 shall read as set forth in
the quotations below:
"a. Commence repairs within thirty (30) days upon service of the written notice of such
determination and complete repairs within ninety (90) 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) 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) 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."
Subsection (H)(4) of Section 17.25.020 shall read as set forth in the quotations
below:
'A. 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 (7) days of the notice of violation. If the Harbormaster
determines that appropriate deterrent measures have not been taken within seven (7)
days of the notice of violation, the Harbormaster may issue an administrative citation or
Ordinance No. 2023-22
Page 385 of 470
take any other enforcement action authorized by this Code. In the event the
Harbormaster issues an administrative citation, the permittee shall:
a. Take any and all necessary action to employ and maintain appropriate sea lion
deterrent measures; or
b. Remove the vessel from Newport Harbor.
`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 (7) days, the
Harbormaster may install temporary deterrent measures as needed and recover the
City's cost of compliance."
Section 758: Section 17.30.020 (Loading or Unloading Hazardous Materials) of
Chapter 17.30 (Harbor Use Regulations) of Title 17 of the Code is hereby amended to
read as set forth in the quotations below:
"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 California Fire Code Section 105.6 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
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 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."
Section 759: Subsection (B) of Section 17.30.030 (Live Bait and Sea Life) of
Chapter 17.30 (Harbor Use Regulations) of Title 17 of the Code is hereby amended to
read as set forth in the quotations below:
"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 (3)
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."
Section 760: Subsection (A) of Section 17.40.060 (Term/Renewal) of Chapter
17.40 (Live-Abroads) of Title 17 of the Code is hereby amended to read as set forth in
the quotations below:
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Page 386 of 470
"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)
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."
Section 761: Subsection (A)(3) of Section 17.40.070 (Conditions/Regulations) of
Chapter 17.40 (Live-Abroads) of Title 17 of the Code is hereby amended to read as set
forth in the quotations below:
"3. By obtaining a live -aboard permit, the permittee specifically authorizes the
Harbormaster 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."
Section 762: Subsection (A) of Section 17.45.030 (Waste and Refuse) of
Chapter 17.45 (Sanitation) of Title 17 of the Code is hereby amended to read as set
forth in the quotations below:
"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. & Nay. 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."
Section 763: Subsections (A)(1) and (B) Section 17.50.040 (Rendering of
Decision) of Chapter 17.50 (Harbor Development Permits) of Title 17 of the Code are
hereby amended to read as set forth below:
Subsection (A)(1) of Section 17.50.040 shall read as set forth in the quotations
below:
"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
Ordinance No. 2023-22
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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) days prior to a
decision.
c. An approval in concept only indicates the proposed development conforms
in concept to all applicable provisions of this title and does not provide approval for any
applicable land use and property development regulation not covered by this title."
Subsection (8) of Section 17.50.040 shall read as set forth in the quotations
below:
"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) days. If no appeal or call for review of the decision is filed within the
fourteen (14) days, 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."
Section 764: Section 17.50.100 (Securing of Structures) of Chapter 17.50
(Harbor Development Permits) of Title 17 of the Code is hereby amended to read as set
forth in the quotations below:
"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
Ordinance No. 2023-22
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maintain appropriate measures to deter sea lions from boarding the structure and/or any
vessel or other appurtenances attached to the structure within seven (7) days of the
notice of violation. If the Harbormaster determines that appropriate deterrent measures
have not been taken within seven (7) 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."
Section 765: Section 17.55.040 (Limits on Uses) of Chapter 17.55 (Dredging
Permits) of Title 17 of the Code is hereby amended to read as set forth in the quotations
below:
"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 Cal. Pub. Resources Code Section
30233 (Coastal Act) and the certified Local Coastal Program."
Section 766: Subsections (13)(3), and (H)(2) of Section 17.60.040 (Mooring
Permits) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 of the Code are
hereby amended to read as set forth below:
Subsection (8)(3) of Section 17.60.040 shall read as set forth in the quotations
below:
"3. Permittee/Transferee Qualifications. A mooring permit may be held only by natural
persons unless the mooring permit is transferable, in which case it may be held by, or
transferred to, only the following:
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;
b. An executor or administrator carrying out the terms of a will or administering a
probated estate that holds a mooring permit, but only for the period of time prior to
distribution of the estate;
c. An inter vivos trust, family trust, or other similar type of trust estate holding a
mooring permit, so long as all trustors are natural persons and the primary mooring
permittee shall be the trustee of the trust;
Ordinance No. 2023-22
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d. 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);
e. 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
f. 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, prior to 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."
Subsection (H)(2) of Section 17.60.040 shall read as set forth in the quotations
below:
"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 to move the vessel on the
mooring to another location when deemed necessary by the Public Works Director
and/or Harbormaster;"
Section 767: Subsection (A)(3) of Section 17.60.060 (Public Trust Lands) of
Chapter 17.60 (Harbor Permits and Leases) of Title 17 of the Code is hereby amended
to read as set forth in the quotations below:
"3. The City Manager 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 is authorized to implement
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such leases or permits on behalf of the City and to issue interpretations, waive
provisions, and enter into amendments thereof."
Section 768: Section 17.65.020 (Time Limits) of Chapter 17.65 (Appeals or Calls
for Review) of Title 17 of the Code is hereby amended to read as set forth in the
quotations below:
"17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) days of the decision."
Section 769: Section 17.70.010 (Declaration of Nuisance —Abatement) of
Chapter 17.70 (Enforcement) of Title 17 of the Code is hereby amended to read as set
forth in the quotations below:
"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. 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."
Section 770: Subsections (B)(1) and (B)(2) of Section 17.70.015 (Suspension of
Marine Activities Permit) of Chapter 17.70 (Enforcement) of Title 17 of the Code are
hereby amended to read as follows:
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
Ordinance No. 2023-22
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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) 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) 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."
Section 780: Subsections (B)(1)(a), (13)(2) and (B) (3) of Section 17.70.020
(Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 of the
Code are hereby amended as set forth below:
Subsection (B)(1)(a) of Section 17.70.020 shall read as set forth in the quotations
below:
"a. At least fourteen (14) 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.
Subsections (B)(2) and (B) (3) of Section 17.70.020 shall read as set forth in the
quotations below:
"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) days from
the date on which notice is deemed served to request a hearing.
Ordinance No. 2023-22
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If the permittee does not request a hearing within fourteen (14) 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) 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) days of the date the
notice is deemed served, the decision of the Harbormaster shall be final."
Section 781:The Table of Contents for Chapter 19.04 (General Provisions) of
Title 19 of the Code is hereby amended to read as follows:
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.).
Section 782: Section 19.04.010 (Short Title) of Chapter 19.04 (General
Provisions) of Title 19 of the Code is hereby amended to read as set forth in the
quotations below:
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
Ordinance No. 2023-22
Page 393 of 470
otherwise specified, mean text in this Code of which this title is a part. Similarly, all
references herein to "this title" shall, unless otherwise specified, mean this Title 19."
Section 783: Section 19.04.020 (Purpose and Applicability (Cal. Gov. Code
Section 66411)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"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 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.
B. Purpose. This title is enacted for the purpose of adopting tract and parcel map
regulations in accordance with the Subdivision Map Act. More specifically, the
subdivision regulations contained herein are intended to promote:
1. The creation of subdivisions which are consistent with and serve to implement
the policies and provisions of the General Plan;
2. The conservation of open space in the City;
3. The protection of landowners, lot purchasers and surrounding residents;
4. The provision of orderly and controlled growth within the City;
5. The provision of adequate traffic circulation, utilities and other services;
6. The protection and stabilization of property values; and
7. The preservation of the public health, safety and general welfare.
C. Applicability. The provisions of this title shall apply to subdivisions and related
matters addressed in the Subdivision Map Act for land entirely or partially within the City
of Newport Beach."
Section 784: Section 19.04.030 (Compliance Required (66499.30)) of Chapter
19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).
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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.
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
66499.30 subsections (A) and (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 66499.30, 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."
Section 785: Section 19.04.040 (Exclusions Per Map Act (Cal. Gov. Code
Sections 66411, 66412 et seq., 66451.7)) of Chapter 19.04 (General Provisions) of Title
19 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal.
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 ,
determinations on whether a proposed action is exempt from review pursuant to Cal.
Gov. Code Section 66412 or whether a parcel map may be waived pursuant to Cal.
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Page 395 of 470
Gov. Code Section 66428 shall be made within sixty (60) days of an application being
deemed complete."
Section 786: Section 19.04.050 (Advisory Agencies and Appeal Boards (66415,
66416)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415,
66416).
Pursuant to Cal. Gov. Code Section 66415, 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. 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."
Section 787: Section 19.04.060 (Parcel Maps and Tract Maps (66411.1, 66428))
of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 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. 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."
Section 788: Section 19.04.080 (Enforcement (66499.32 et seq.)) of Chapter
19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).
A. 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 . In
addition, the City may elect other remedies for violation of this title, as provided in the
Cal. Gov. Code sections cited above.
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Page 396 of 470
B. 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.
C. 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."
Section 789:Section 19,04.090 (Definitions (66414 et seq.)) of Chapter 19.04
(General Provisions) of Title 19 of the Code is hereby amended to read as follows:
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).
A. Meanings Same as Zoning Code and SMA. Unless otherwise defined in this
Section, terms used in this title shall have the same meaning as applied to them in the
Zoning Code (Title 20) and the Subdivision Map Act. Also, certain terms used in this title
shall correspond to equivalent terms in the Subdivision Map Act as shown below:
Equivalent Terms in
Terms Used in this Title
Subdivision Map Act
Final tract map
Final map
Final parcel map
Parcel map
Tentative tract map
Tentative map
Tentative parcel map
Tentative map
B. Terms Defined. For the purposes of this title, certain terms shall have the meanings
shown below:
"Alley" means a public or private way permanently reserved primarily for vehicular
service access to the rear or side of properties which otherwise abut on a street. An
alley shall not be considered a street. [Note: Same meaning as in the Zoning Code.]
"Building site" means a parcel or contiguous parcels of land which constitute a site
eligible for building development under the requirements of Titles 19 (Subdivisions) and
20 (Planning and Zoning).
"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 4105, 4125, and 4190.
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"Development" means the uses to which the land which is the subject of a map shall be
put, the buildings to be constructed on it, and all alterations of the land and construction
incident thereto. [Note: Same meaning as in the Subdivision Map Act.]
"Design" means: (1) Street alignments, grades and widths; (2) drainage and sanitary
facilities and utilities, including alignments and grades thereof; (3) location and size of
all required easements and rights -of -way; (4) fire roads and firebreaks; (5) lot size and
configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or
recreational purposes; and (9) such other specific physical requirements in the plan and
configuration of the entire subdivision as may be necessary to ensure consistency with,
or implementation of, the General Plan or any applicable specific plan. [Note: Same
meaning as in the Subdivision Map Act.]
"Design criteria" means standards for public works design and improvements as
embodied in the current revisions of the City -adopted "Design Criteria, Standard Special
Provisions and Standard Drawings for Public Works Construction," the "Standard
Specifications for Public Works Construction," all applicable City Council policies or
successor standards to any of the above adopted by the City.
"Driveway" means a designated passageway providing vehicular access between a
street and a garage or carport, a designated parking area or other driveway or street. A
driveway shall not be considered a street. [Note: Same meaning as in the Zoning Code.]
"Final map" means a final tract map or a final parcel map.
"Final parcel map" means a recorded subdivision map which is in substantial
conformance with an approved or conditionally approved tentative parcel map and
which complies with the provisions of this Subdivision Code and the Subdivision Map
Act.
"Final tract map" means a recorded subdivision map which is in substantial
conformance with all or a portion of an approved or conditionally approved tentative
tract map and which complies with the provisions of this Subdivision Code and the
Subdivision Map Act.
"Improvement" means any street work and utilities to be installed, or agreed to be
installed, by the subdivider on the land to be used for public or private streets,
highways, ways and easements, as are necessary for the general use of the lot owners
in the subdivision and local neighborhood traffic and drainage needs as a condition
precedent to the approval and acceptance of the final map thereof. Improvement also
refers to any other specific improvements or types of improvements, the installation of
which, either by the subdivider, by public agencies, by private utilities, by any other
entity approved by the local agency or by a combination thereof, is necessary to ensure
Ordinance No. 2023-22
Page 398 of 470
consistency with, or implementation of, the General Plan or any applicable specific plan.
[Note: Same meaning as in the Subdivision Map Act.]
"Inundation" means ponded water or water in motion of sufficient depth to damage
property due to the presence of water or to the deposition of silt.
"Lot" means an area of land under one ownership which is identified as a lot or parcel
on a recorded final map, parcel map, record of survey recorded pursuant to an
approved division of land, certificate of compliance or lot line adjustment. The terms lot
and parcel are interchangeable for purposes of this Code. [Note: Same meaning as in
the Zoning Code.]
"Lot width" means the mean of the horizontal distance between the side lot lines
measured at right angles to the lot depth at points twenty (20) feet from the front lot line
and twenty (20) feet from the rear lot line, or from the rearmost point of the lot depth in
cases where there is no rear lot line. [Note: Same meaning as in the Zoning Code.]
Parcel: See "lot."
"Remainder parcel" means that portion of a parcel of land which is not to be included
within the boundaries of the final parcel or tract map. A remainder parcel is not
necessarily a legal building site.
"Right-of-way" means a specifically defined area or strip of land, either public or private,
on which an irrevocable right of passage or use has been recorded.
Site: See "building site."
"Street" means a public or private vehicular right-of-way, including local streets,
commuter streets and arterial highways, but not including alleys, driveways or offroad
bikeways. [Note: Same meaning as in the Zoning Code.]
"Subdivider" means a person, firm, corporation, partnership or association who
proposes to divide, divides or causes to be divided real property into a subdivision for
himself or for others, except that employees and consultants of such persons or entities,
acting in such capacity, are not subdividers. [Note: Same meaning as in the Subdivision
Map Act.]
"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
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Page 399 of 470
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 6542(F), a community apartment project, as defined in Cal. Civ. Code Section 4105
or the conversion of five (5) or more existing dwelling units to a stock cooperative, as
defined in Cal. Civ. Code Section 4190 or 6566.
"Subdivision Map Act" or "SMA" means Cal. Gov. Code Title 7, Division 2, Section
66410 et seq.
"Tentative map" or "tentative subdivision map" means a tentative tract map or a tentative
parcel map.
"Tentative tract map" means a map made for the purpose of showing the design and
improvement of a proposed subdivision and the existing conditions in and around it and
need not be based upon an accurate or detailed final survey of the property.
"Tentative parcel map" means a map made for the purpose of showing the design and
improvement of a proposed parcel map subdivision and the existing conditions in and
around it and need not be based upon an accurate or detailed final survey of the
property.
"Vehicular access rights" means the right of persons to gain entry or exit with a vehicle
to or from a street or driveway to or from abutting land.
"Vesting tentative map" means a tentative map which meets the requirements of Section
66452 of the Subdivision Map Act.
"Zoning Code" means Title 20 of the Code.
Section 790: The Table of Contents for Chapter 19.08 (Tentative Map Filing) of
Title 19 of the Code is hereby amended to read as follows:
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).
Ordinance No. 2023-22
Page 400 of 470
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).
Section 791: Section 19.08.010 (When Tract Maps Required (66426)) of Chapter
19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"19.08.010 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426,
66428).
Approval of a tentative and final tract map shall be required in accordance with this title
for any subdivision creating five (5) or more parcels, five (5) or more condominiums as
defined in Cal. Civ Code Section 783, a community apartment project containing five (5)
or more parcels or for the conversion of a dwelling to a stock cooperative containing five
(5) or more dwelling units, except for those activities excluded by Section 19.04.040, or
where:
A. The land before division contains less than five acres, each parcel created by the
division abuts upon a maintained public street or highway and no dedications or
improvements are required by the City;
B. Each parcel created by the division has a gross area of twenty (20) acres or more
and has approved access to a maintained public street or highway;
C. The land consists of a parcel or parcels of land having approved access to a public
street or highway, which comprises part of a tract of land zoned for industrial or
commercial development, and which has the approval of the City as to street alignments
and widths;
D. Each parcel created by the division has a gross area of not less than forty (40)
acres or is not less than a quarter of a quarter section; or
A tentative and final parcel map shall be required for those subdivisions described in
subsections (A) through (D) of this section."
Section 792: The section heading for Section 19.08.020 (When Parcel Maps
Required (66412, 66426, 66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of
the Code is hereby deleted in its entirety and replaced with the heading set forth in the
quotations below, to read as follows:
"19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426,
66428)."
Ordinance No. 2023-22
Page 401 of 470
Section 793: Subsection (A)(1) of Section 19.08.020 (When Parcel Maps
Required (Cal. Gov. Code Sections 66412, 66426, 66428)) of Chapter 19.08 (Tentative
Map Filing) of Title 19 of the Code is hereby amended to read to read as set forth in the
quotations below:
1. Subdivisions of a portion of the operating right-of-way of a railroad corporation,
defined by Cal. Pub. Util. Code Section 230, which are created by short-term leases
terminable by either party on not more than thirty (30) days' notice in writing;"
Section 794: The section heading for Section 19.08.030 (Waiver of Parcel Map
Requirement (66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is
hereby deleted in its entirety and replaced with the heading set forth in the quotations
below, to read as follows:
"19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428)."
Section 795: Subsection (A) of Section 19.08.030 (Waiver of Parcel Map
Requirement (Cal. Gov. Code Section 66428)) of 19.08 (Tentative Map Filing) of Title
19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Activities Eligible for Waiver. The Community Development Director may waive all
or part of the requirements for a tentative and final parcel map in the following cases:
1. Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decrees; or
2. Division of real property resulting from the conveyance of land or any interest
therein to or from the City or other public entity for public purposes, such as school
sites, public building sites, or rights -of -way or easements for streets, sewers, utilities,
drainage, and similar facilities; or
3. Mergers resulting in the net elimination of no more than three parcels; or
4. A division requiring a parcel map imposed by Cal. Gov. Code Section 66426.
Section 796: Section 19.08.040 (Tentative Map Application) of Chapter 19.08
(Tentative Map Filing (66451.2, 66452)) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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.
Ordinance No. 2023-22
Page 402 of 470
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 66451.2 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 the Cal. 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."
Section 797: Section 19.08.050 (Completeness of Application (65943)) of
Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read
as set forth in the quotations below:
"19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) 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.
C. Time Limits for Review. Time limits for review and for decisions regarding
subdivision applications shall be in accordance with Chapter 19.12."
Section 798: Section 19.08.060 (Soils Reports (66490, 66491)) of Chapter 19.08
(Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in
the quotations below:
"19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).
Ordinance No. 2023-22
Page 403 of 470
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 66491."
Ordinance No. 2023-22
Page 404 of 470
Section 799: The Table of Contents for Chapter 19.12 (Tentative Map Review) of
Title 19 of the Code is hereby amended to read as follows:
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.
Section 800: Section 19.12.030 (Review of Tentative Maps by Other Agencies
(66453 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is
hereby amended to read as set forth in the quotations below:
"19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section
66453 et seq.).
Within five (5) 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 Section 66453 et seq. 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."
Section 801: Section 19.12.040 (Environmental Review (Cal. Gov Code Section
66452.1)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"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 CEQA, the Zoning Code and City procedures. The
Ordinance No. 2023-22
Page 405 of 470
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 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 to mitigate a project's environmental
impacts."
Section 802: The section heading for Section 19.12.050 (Review of Tentative
Tract Maps (66451.1, 66452.1 et seq., 66474.9)) of Chapter 19.12 (Tentative Map
Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the
heading set forth in the quotations below, to read as follows:
"19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1,
66452.1 et seq., 66474.9)."
Section 803: Subsections (C), (E)(2), (G), (H), (1)(3), (1)(4), (J) and Section title of
Section 19.12.050 (Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1,
66452.1 et seq., 66474.9)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the
Code is hereby amended to read as set forth below:
Subsection (C) of Section 19.12.050 shall read as set forth in the quotations
below:
"C. Public Hearings. Public hearings shall be noticed and held in accordance with Cal.
Gov. Code Sections 65090, 65091, and 66451.3 and City procedures."
Subsection (E)(2) of Section 19.12.050 shall read as set forth in the quotations
below:
"2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes
an application pursuant to this title, the 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."
Ordinance No. 2023-22
Page 406 of 470
Subsections (G) and (H) of Section 19.12.050 shall read as set forth in the
quotations below:
"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. Code and 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, 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."
Subsection (1)(3)(4) of Section 19.12.050 shall read as set forth in the quotations
below:
"3. 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 66451.2. A call
for review is exempt from the payment of a filing fee under Section 3.36.030.
4. 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 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."
Subsection (J) of Section 19.12.050 shall read as set forth in the quotations
below:
"J. Indemnification of City. Pursuant to Cal. Gov. Code Section 66474.9, 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. 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."
Ordinance No. 2023-22
Page 407 of 470
Section 804: Subsections (A)(2) and (B) of Section 19.12.060 (Review of
Tentative Parcel Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code
are hereby amended and Subsection (A)(5) is hereby added, to read as set forth below:
Subsection (A)(2) of Section 19.12.060 shall read as set forth in the quotations
below:
"2. Procedures. Except as provided in subsection (A)(5), the 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."
Subsection (A)(5) of Section 19.12.060 shall read as set forth in the quotations
below:
"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."
Subsection (8) of Section 19.12.060 shall read as set forth in the quotations below:
"B. Appeal or Call for Review of Zoning Administrator Action.
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. Code Section 66463.5, an appeal
of a denial of a tentative parcel map extension shall be heard by the City Council.
Ordinance No. 2023-22
Page 408 of 470
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. Gov. Code Section 66463.5. 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.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee
set by resolution of the City Council. A call for review is exempt from the payment of a
filing fee under Section 3.36.030, or any successor provision."
Section 805: The section heading for Section 19.12.070 (Required Findings for
Action on Tentative Maps (66412.3, 66473 et seq.)) of Chapter 19.12 (Tentative Map
Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the
heading set forth in the quotations below, to read as follows:
"19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code
Sections 66412.3, 66473 et seq.)."
Section 806: Subsections (A)(7) and (A)(9) of Section 19.12.070 (Required
Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et
seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code are hereby
amended to read as set forth below:
Subsection (A)(7) of Section 19.12.070 shall read as set forth in the quotations
below:
7. That, in the case of a "land project" as defined in Cal. Bus. & Prof. Code Section
11000.5: (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;"
Subsection (A)(9) of Section 19.12.070 shall read as set forth in the quotations
below:
"9. That the subdivision is consistent with Cal. Gov. Code Sections 66412.3 and
65584 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;"
Ordinance No. 2023-22
Page 409 of 470
Section 807: The section heading for Section 19.12.080 (Use of Regulations in
Effect at Time of Map Filing (66474.2)) of Chapter 19.12 (Tentative Map Review) of Title
19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in
the quotations below, to read as follows:
"19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code
Section 66474.2)."
Section 808: Subsection (B) of Section 19.12.080 (Use of Regulations in Effect
at Time of Map Filing (Cal. Gov. Code Section 66474.2)) of Chapter 19.12 (Tentative
Map Review) of Title 19 of the Code is hereby amended to read as set forth in the
quotations below:
"B. New Regulations Initiated Before Application Determined Complete. Subsection
(A) of this section shall not apply if the City, prior to determining a tentative map
application to be complete, has done both of the following:
1. Initiated proceedings by way of ordinance, resolution or motion to amend this
Subdivision Code, the Zoning Code, the General Plan, any applicable specific plan(s) or
other applicable City regulations; and
2. Published a public hearing notice in accordance with Cal. Gov. 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.
If both subsections (B)(1) and (2) of this section have been met, the City may apply any
ordinances, policies or standards enacted or instituted as a result of those proceedings
which are in effect on the date the City approves or denies the tentative map."
Section 809: Section 19.12.090 (Amendments to Approved Tentative Maps) of
Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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
Community Development Director provided the Director determines that all of the
following criteria are met:
1. No lots, units, building sites or structures are added to the project;
2. The changes involve no substantial change in lot configuration, street layout,
improvements or conditions of approval;
Ordinance No. 2023-22
Page 410 of 470
3. The changes are consistent with the intent of the original tentative map
approval; and
4. The resulting tentative map remains in conformity with this Subdivision
Code, other applicable provisions of this Code and the Subdivision Map Act.
A minor amendment shall not alter the expiration date of the tentative map unless an
extension is also approved in accordance with Chapter 19.16.
B. Major Amendments. If the Community 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."
Section 810: The Table of Contents for Chapter 19.16 (Tentative Map Expiration
and Extension) of Title 19 of the Code is hereby amended to read as follows:
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).
Section 811: The section heading for Section 19.16.010 (Expiration of Tentative
Maps (66452.6, 66463.5)) of Chapter 19.16 (Tentative Map Expeiration and Extension)
of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set
forth in the quotations below, to read as follows:
"19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6,
66463.5)."
Section 812: Section 19.16.020 (Extension of Tentative Maps (Cal. Gov. Code
Sections 66452.6, 66463.5)) of Chapter 19.16 (Tentative Map Expiration and Extension)
of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 411 of 470
"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. :
1. Public Improvements and Development Agreements. The tentative map shall be
automatically extended pursuant to Cal. Gov. Code Section 66452.6 if the subdivider is
required to provide off -site public improvement requirements above the dollar amount
specified in Cal. Gov. Code Section 66452.6. Extensions of tentative maps on property
subject to a development agreement shall also be administered pursuant to that 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 moratorium, imposed after approval of the
tentative map, is in existence. However, the length of the moratorium shall not exceed
five years.
3. 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."
Section 813: The Table of Contents for Chapter 19.20 (Vesting Tentative Maps)
of Title 19 of the Code is hereby amended to read as follows:
Chapter 19.20
VESTING TENTATIVE MAPS
Sections:
Ordinance No. 2023-22
Page 412 of 470
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 to Vesting Tentative Maps (Cal. Gov. Code
Section 66498.2).
Section 814: Section 19.20.010 (Purpose (66498.1)) of Chapter 19.20 (Vesting
Tentative Maps) of Title 19 of the Code is hereby amended to read as set forth in the
quotations below:
"19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
This Chapter is enacted to implement Cal. 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."
Section 815: The section heading for Section 19.20.020 (Vested Right to
Proceed (66498.1, 66498.5, 66474.2)) of Chapter 19.20 (Vesting Tentative Maps) of
Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set
forth in the quotations below, to read as follows:
"19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5,
66474.2)."
Section 816: Subsection (A) and of Section 19.20.020 (Vested Right to Proceed
(Cal Gov. Code Sections 66498.1, 66498.5, 66474.2)) of Title 19 of the Code is hereby
amended to read as follows:
"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. However, if Cal. Gov. Code Section 66474.2 is repealed,
Ordinance No. 2023-22
Page 413 of 470
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."
Section 817: The section heading for Section 19.20.030 (Consistency of Vesting
Map with Zoning (66498.3)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the
Code is hereby deleted in its entirety and replaced with the heading set forth in the
quotations below, to read as follows:
"19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section
66498.3)."
Section 818: The section heading for Section 19.20.050 (Vesting Tentative
Maps and Conditions Imposed (66498.1, 66498.6)) of Chapter 19.20 (Vesting Tentative
Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the
heading set forth in the quotations below, to read as follows:
"19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code
Sections 66498.1, 66498.6)."
Section 819: The section heading for Section 19.20.060 (Expiration of Map and
Right to Proceed (66498.5)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the
Code is hereby deleted in its entirety and replaced with the heading set forth in the
quotations below, to read as follows:
"19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section
66498.5)."
Section 820: The section heading for Section 19.20.070 (Amendments To
Vesting Tentative Maps (66498.2)) of Chapter 19.20 (Vesting Tentative Maps) of Title
19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in
the quotations below, to read as follows:
"19.20.070 Amendments to Vesting Tentative Maps (Cal. Gov. Code Section
66498.2)."
Ordinance No. 2023-22
Page 414 of 470
Section 821:The Table of Contents for Chapter 19.24 (Subdivision Design) of
Title 19 of the Code is hereby amended to read as follows:
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.
Section 822: Section 19.24.110 (Energy Conservation (Section 66473.1)) of
Chapter 19.24 (Subdivision Design) of Title 19 of the Code is hereby amended to read
as set forth in the quotations below:
"19.24.110 Energy Conservation (Cal. Gov. Code Section 66473.1).
In accordance with Cal. Gov. Code Section 66473.1, subdivisions of five (5) 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."
Section 823:The Table of Contents for Chapter 19.28 (Subdivision
Improvements) of Title 19 of the Code is hereby amended to read as follows:
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.
Ordinance No. 2023-22
Page 415 of 470
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.
Section 824: Section 19.28.030 (Limitations on Parcel Map Improvements
(Section 66411.1)) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code
is hereby amended to read as set forth in the quotations below:
"19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section
66411.1).
A. Limitation. In accordance with Cal. Gov. Code Section 66411.1, 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.
B. Timing of Improvements. Fulfillment of parcel map construction requirements shall
not be required until the time a permit or other grant of approval for development of the
parcel is issued by the City or until the time the construction of the improvements is
required pursuant to an agreement between the subdivider and the City, except that in
the absence of such an agreement, the City may require fulfillment of the construction
requirements within a reasonable time following approval of the tentative parcel map
and prior to the issuance of a permit or other grant of approval for the development of a
parcel upon a finding by the City that fulfillment of the construction requirements is
necessary for either of the following reasons: (1) The public health and safety, or (2) the
required construction is a necessary prerequisite to the orderly development of the
surrounding area."
Section 825: Section 19.28.060 (Water Supply) of Chapter 19.28 (Subdivision
Improvements) of Title 19 of the Code is hereby amended to read as set forth in the
quotations below:
"19.28.060 Water Supply.
Ordinance No. 2023-22
Page 416 of 470
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 Beach
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."
Section 826: Subsection (A) of Section 19.28.070 (Sanitary Sewers) of Chapter
19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as
set forth in the quotations below:
"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, and the latest revision of the Newport Beach
Plumbing Code set forth in Chapter 15.08. Sewer cleanouts shall be provided to the
satisfaction of the City Engineer."
Section 827: Section 19.28.120 (improvement Oversizing (66485 et seq.)) of
Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended
to read as set forth in the quotations below:
"19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
A. Oversizing. In accordance with Cal. Gov. Code Section 66485, 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 66487,
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."
Ordinance No. 2023-22
Page 417 of 470
Section 828:The Table of Contents for Chapter 19.32 (Improvement Plans) of
Title 19 of the Code is hereby amended to read as follows:
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.
Section 829: Subsection (A) of Section 19.32.010 (Preparation and Submission
of Improvement Plans) of Chapter 19.32 (Improvement Plans) of Title 19 of the Code is
hereby amended to read as set forth in the quotations below:
"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. 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."
Section 830: Section 19.32.020 (Review and Approval of Improvement Plans
(66456.2)) of Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).
The City Engineer shall review and act upon improvement plans in accordance with the
time limits specified in Cal. Gov. Code Section 66456.2. 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."
Section 831: The Table of Contents for Chapter 19.36 (Completion of
Improvements) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code
is hereby amended to read as follows:
Chapter 19.36
COMPLETION OF IMPROVEMENTS
Sections:
Ordinance No. 2023-22
Page 418 of 470
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.
Section 832: The section heading for Section 19.36.010 (Improvement
Agreements (66462)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the
Code is hereby deleted in its entirety and replaced with the heading set forth in the
quotations below, to read as follows:
"19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462)."
Section 833: Section 19,36.020 (Acquisition of Land for Off -site Improvements
(66462.5)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is
hereby amended to read as set forth in the quotations below:
"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."
Section 834:Section 19.36.030 (Improvement Security (66499 et seq.)) of
Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended
to read as set forth in the quotations below:
"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. The amount of security shall include all of the following:
Ordinance No. 2023-22
Page 419 of 470
A. Performance Security. One hundred percent of the total estimated improvement
construction cost to guarantee the construction or installation of all improvements.
B. Material and Labor Security. An additional amount of between fifty (50) percent and
one hundred (100) percent, as determined by the City Engineer, of the total estimated
improvement construction cost to guarantee payment to the subdivider's contractor,
subcontractors and persons supplying material, labor or equipment for the construction
or installation of improvements.
C. Warranty Security. An additional amount, as determined by the City Engineer,
necessary to warranty the improvement construction for a period of one year following
City acceptance thereof against any defective work or materials.
D. Additional Security. If the improvement security is other than a bond or bonds
furnished by a duly authorized corporate surety, an additional security amount shall be
provided as determined by the City Engineer necessary to cover the cost and
reasonable expenses and fees, including reasonable attorneys' fees, which may be
incurred by the City in successfully enforcing the obligation secured."
Section 835: The section heading for Section 19.36.040 (Reduction of Security
with Special Assessments (66499.5)) of Chapter 19.36 (Completion of Improvements)
of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set
forth in the quotations below, to read as follows:
"19.36.040 Reduction of Security with Special Assessments (Cal. Gov. Code
Section 66499.5)."
Section 836: Section 19.36.060 (Release of Security (66499.7)) of Chapter 19.36
(Completion of Improvements) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"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 66499.7."
Section 837:The Table of Contents for Chapter 19.40 (General Dedication
Requirements) of Title 19 of the Code is hereby amended to read as follows:
Ordinance No. 2023-22
Page 420 of 470
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).
Section 838: The section heading for Section 19.40.010 (Dedication of Streets
and Other Facilities (66475, 66475.1, 66475.2)) of Chapter 19.40 (General Dedication
Requirements) of Title 19 of the Code is hereby deleted in its entirety and replaced with
the heading set forth in the quotations below, to read as follows:
"19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections
66475, 66475.1, 66475.2)."
Section 839: Subsection (C) of Section 19.40.010 (Dedication of Streets and
Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2)) of Title 19 of the
Code is hereby amended to read as set forth in the quotations below:
"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 66475.2."
Section 840: Section 19.40.020 (Coastal Access and Open Space Dedications)
of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"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 (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."
Ordinance No. 2023-22
Page 421 of 470
Section 841: The section heading for Section 19.40.030 (Waiver of Access
Rights (66476)) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the
Code is hereby deleted in its entirety and replaced with the heading set forth in the
quotations below, to read as follows:
"19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476)."
Section 842: Section 19.40.040 (Acceptance of Offers of Dedication (66477.1,
66477.2, 66477.3)) of Chapter 19.40 (General Dedication Requirements) of Title 19 of
the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 843: Section 19.40.050 (Certificates of Dedication (66477.5)) of Chapter
19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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.
B. Reconveyance Upon Determination that Need No Longer Exists. If the City has
determined that the same public purpose for which the dedication was required does
not exist, it shall reconvey the property to the subdivider specified in subsection (A) of
this Section or to the subdivider's successor in interest, except for all or any portion of
the property that is required for that same public purpose or for public utilities.
C. Notice to Subdivider Before Disposition of Dedicated Property. If the City decides
to vacate, lease, sell or otherwise dispose of the dedicated property, the local agency
shall give at least sixty (60) days notice to the subdivider whose name appears on the
certificate before vacating, leasing, selling or otherwise disposing of the dedicated
property. This notice is not required if the dedicated property will be used for the same
public purpose for which it was dedicated."
Section 844: The Table of Contents for Chapter 19.48 (School Sites and Fees)
of Title 19 of the Code is hereby amended to read as follows:
Chapter 19.48
SCHOOL SITES AND FEES
Sections:
Ordinance No. 2023-22
Page 422 of 470
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.
Section 845: Section 19.48.010 (Dedication of Elementary School Sites (66478))
of Chapter 19.48 (School Site Fees) of Title 19 of the Code is hereby amended to read
as set forth in the quotations below:
"19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section
66478)."
Section 846: Section 19.48.020 (Fees for Interim Classroom Facilities (Cal. Gov.
Code Section 65974, 65995)) of Chapter 19.48 (School Sites and Fees) of Title 19 of
the Code is hereby amended to read as set forth in the quotations below:
"19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974,
65995).
Pursuant to Cal. Gov. Code Section 65974, 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, Sections 65970-65981 and 65995-65998, respectively."
Section 847:The Table of Contents for Chapter 19.52 (Park Dedications and
Fees) of Title 19 of the Code is hereby amended to read as follows:
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).
Ordinance No. 2023-22
Page 423 of 470
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).
Section 848: Section 19.52.010 (Purpose and Intent (66477)) of Chapter 19.52
(Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"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 (known as the Quimby Act)."
Section 849: The section heading for Section 19.52.020 (Applicability (66477))
of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted
in its entirety and replaced with the heading set forth in the quotations below, to read as
follows:
"19.52.020 Applicability (Cal. Gov. Code Section 66477)."
Section 850: The section heading for Section 19.52.030 (Use of Park
Dedications and Fees (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title
19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in
the quotations below, to read as follows:
"19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477)."
Section 851: Section 19.52.040 (Parkland Standard (66477)) of Chapter 19.52
(Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"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, 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,
Ordinance No. 2023-22
Page 424 of 470
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."
Section 852: The section heading for Section 19.52.060 (Dedication of Land
(66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby
deleted in its entirety and replaced with the heading set forth in the quotations below, to
read as follows:
"19.52.060 Dedication of Land (Cal. Gov. Code Section 66477)."
Section 853: The section heading for Section 19.52.070 (Fee in Lieu of
Dedication (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the
Code is hereby deleted in its entirety and replaced with the heading set forth in the
quotations below, to read as follows:
"19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477)."
Section 854: The section heading for Section 19.52.080 (Credit for Private
Recreational Facilities (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title
19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in
the quotations below, to read as follows:
"19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section
66477)."
Section 855: Subsection (A) Section 19.52.080 (Credit for Private Recreational
Facilities (Cal. Gov. Code Section 66477)) of Chapter 19.52 (Park Dedications and
Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations
below:
"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 4100, against required land dedications or in lieu fees
in accordance with the provisions of this Section."
Section 856: The section heading for Section 19.52.090 (Timing of Dedications
(66477.1)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is
hereby deleted in its entirety and replaced with the heading set forth in the quotations
below, to read as follows:
"19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1)."
Ordinance No. 2023-22
Page 425 of 470
Section 857:The Table of Contents for Chapter 19.56 (Final Map Filing) of Title
19 of the Code is hereby amended to read as follows:
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)
Section 858: Section 19.56.010 (Preparation of Final Maps) (66456, 66457,
66463)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended
to read as set forth in the quotations below:
"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, as administered and interpreted by the City
Engineer."
Section 859: The section heading for Section 19.56.020 (Final Map Application
(66433 - 66450)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby
deleted in its entirety and replaced with the heading set forth in the quotations below, to
read as follows:
"19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 — 66450)."
Ordinance No. 2023-22
Page 426 of 470
Section 860: Section 19.56.030 (Completeness of Application) (Cal. Gov. Code
Section 65943)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) 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."
Section 861: The section heading for Section 19.56.040 (Dedications (66439,
66447)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in
its entirety and replaced with the heading set forth in the quotations below, to read as
follows:
"19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447)."
Section 862: Section 19.56.050 (Survey and Monumentation) (66434, 66495 et.
seq.)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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. and the requirements of City Design
Criteria to the satisfaction of the City Engineer. In addition, all surveys shall tie into the
County's grid system and Geographic Information System monuments."
Section 863: The section heading for Section 19.56.060 (Multiple Final Maps
(66456.1, 66463.1)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby
deleted in its entirety and replaced with the heading set forth in the quotations below, to
read as follows:
Ordinance No. 2023-22
Page 427 of 470
"19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)."
Section 864:The Table of Contents for Chapter 19.60 (Final Map Review) of
Title 19 of the Code is hereby amended to read as follows:
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).
Section 865: The section heading for Section 19.60.010 (City Council Review
(66458, 66463, 66474.1)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code
is hereby deleted in its entirety and replaced with the heading set forth in the quotations
below, to read as follows:
"19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1)."
Section 866: Section 19.60.020 (Acceptance or Rejection of Dedications (66458,
66463, 66474.1)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"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."
Ordinance No. 2023-22
Page 428 of 470
Section 867: Section 19.60.030 (Payment of Taxes and Assessments (66493,
66494)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended
to read as set forth in the quotations below:
"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 66493. 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."
Section 868: The section heading for 19.60.040 (Recordation of Final Maps
(66464, 66493)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby
deleted in its entirety and replaced with the heading set forth in the quotations below, to
read as follows:
"19.60.040 Recordation of Final Maps (Cal. Gov. Code Section 66464, 66493)."
Section 869: The section heading for 19.60.050 (Additional Information to be
Recorded (66434.2)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is
hereby deleted in its entirety and replaced with the heading set forth in the quotations
below, to read as follows:
"19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section
66434.2)."
Section 870: The Table of Contents for Chapter 19.64 (Conversion of Rental
Units to Ownership) of Title 19 of the Code is hereby amended to read as follows:
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.
Ordinance No. 2023-22
Page 429 of 470
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).
Section 871: Subsection (B) of Section 19.64.010 (Purpose and Intent) of
Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is
hereby amended to read as set forth in the quotations below:
"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 Cal. Civ.
Code Sections 4105, 4125 and 4190, 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 Cal. Civ. Code Sections 4105, 4125 and 4190, 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.
Section 872: Subsection (A) of Section 19.64.020 (Definitions) of Chapter 19.64
(Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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."
Section 873: Subsection (A) of Section 19.64.030 (General Requirements) of
Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is
hereby amended to read as set forth in the quotations below:
"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
Ordinance No. 2023-22
Page 430 of 470
which residential uses are permitted, including planned communities, except within the
R-BI District (Balboa Island). Nonresidential condominium conversions may be allowed
in any district in which such uses are permitted."
Section 874: Section 19.64.040 (Tenant Notification (Cal. Gov. Code Sections
64427.1, 66452.8)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title
19 of the Code is hereby amended to read as set forth in the quotations below:
"19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.8,
66452.9).
Applicants for conversion projects shall be responsible for notifying existing and
prospective rental tenants as follows:
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 to 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 66452.17 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 66452.17.
C. Evidence of Tenant Notification. Each application for conversion shall include
evidence to the satisfaction of the Community Development Director that the notification
requirements specified in subsections (A) and (B) of this section have been or will be
satisfied."
Section 875: Section 19.64.050 (Tenant Purchase Option (66427.1)) of Chapter
19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"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
Ordinance No. 2023-22
Page 431 of 470
public report pursuant to Cal. Bus. & Prof. Code Section 11018.2 unless the tenant
gives prior written notice of his or her intention not to exercise the right."
Section 876: The section heading for Section 19.64.060 (Review Procedures
(66427.1, 66427.2)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title
19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in
the quotations below, to read as follows:
"19.64.060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2)."
Section 877: Subsections (B) and (C) of Section 19.64.060 (Review Procedures
(Cal. Gov. Code Sections 66427.1, 66427.2)) of Chapter 19.64 (Conversion of Rental
Units to Ownership) of Title 19 of the Code are hereby amended to read as set forth in
the quotations below:
"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.
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 regarding tenant notification,
right to purchase and other requirements."
Section 878: Section 19.64.110 (Agreement to Retain Rental Housing
(66452.50)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of
the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 879: Section 19.68.010 (Purpose and Intent) of Chapter 19.68 (Merger
of Contiguous Lots) of Title 19 of the Code is hereby amended to read as set forth in the
quotations below:
Ordinance No. 2023-22
Page 432 of 470
"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 66499.20.3. These provisions are intended to be
consistent with the Subdivision Map Act and shall be so construed.:
Section 880: Subsection (B) of Section 19.68.020 (Exemptions) of Chapter 19.68
(Merger of Contiguous Lots) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"B. Lots in R-BI 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."
Section 881:The Table of Contents for Chapter 19.72 (Reversions to Acreage)
of Title 19 of the Code is hereby amended to read as follows:
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.).
Section 882: The section heading for Section 19.72.010 (Purpose and Intent
(66499.11)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby
deleted in its entirety and replaced with the heading set forth in the quotations below, to
read as follows:
"19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11)."
Section 883: Section 19.72.020 (Initiation and Filing (66499.12, 66499.13,
66499.14)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
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Page 433 of 470
"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 filing fee may be required as
established by resolution of the City Council."
Section 884: Section 19.72.030 (Review Process and Findings (66499.15,
66499.16)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby
amended to read as set forth in the quotations below:
"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."
Section 885:Section 19.72.040 (Conditions Imposed on Reversions (66499.17))
of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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."
Section 886:Section 19.72.050 (Recordation of Reversions (66499.18. et seq.))
of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to
read as set forth in the quotations below:
"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."
Section 887:The Table of Contents for Chapter 19.80 (Certificates of
Compliance) of Title 19 of the Code is hereby amended to read as follows:
Chapter 19.80
CERTIFICATES OF COMPLIANCE
Sections:
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19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).
Section 888:The section heading for Section 19.80.010 (Description (66499.35))
of Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby deleted
in its entirety and replaced with the heading set forth in the quotations below, to read as
follows:
"19.80.010 Description (Cal. Gov. Code Section 66499.35)."
Section 889: Section 19.80.020 (Review Per Map Act (Cal. Gov. Code Section
66499.35)) of Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is
hereby amended to read as set forth in the quotations below:
"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."
Section 890: Section 19.90.010 (Purpose and Scope) of Chapter 19.90 (Parcel
Maps for Urban Lot Splits) of Title 19 of the Code is hereby amended to read as set
forth in the quotations below:
"19.90.010 Purpose and Scope.
This chapter serves to implement Cal. Gov. 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."
Section 891: Subsections (B), (D), and (F) of Section 19.90.020 (Application and
Review of Tentative Parcel Maps for Urban Lot Splits) of Chapter 19.90 (Parcel Maps
for Urban Lot Splits) of Title 19 of the Code are hereby amended to read as set forth in
the quotations below:
Subsection (8) of Section 19.90.020 shall read as set forth in the quotations
below:
Ordinance No. 2023-22
Page 435 of 470
"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 and shall not exceed the amount
reasonably required to administer provisions of this title."
Subsection (D) of Section 19.90.020 shall read as set forth in the quotations
below:
"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:
1. A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot;
b. Zoning district and General Plan land use category;
c. The location and use of all existing and proposed structures;
d. All required zoning setbacks for the existing and proposed lots;
e. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements;
f. The location of all proposed new water, sewer, electricity, storm drain,
lines, pipes, or systems;
g. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
i. Location of existing or proposed driveway dimensions, materials, and
slope (including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public
right-of-way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
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a. The proposed urban lot split would not require or authorize demolition or
alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of moderate, low, or very
low income;
ii. Housing that is subject to any form of rent or price control through a
public entity's valid exercise of its police power;
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. to withdraw
accommodations from rent or lease within fifteen (15) years prior to the date that the
development proponent submits an application;
iv. Housing that has been occupied by a tenant in the last three years;
b. The lot has not been established through prior exercise of an urban lot
split under this chapter;
C. Neither the owner of the lot being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent lot under the provisions of
this chapter;
d. The owner intends to occupy one of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of three years
from the date of the recording of the final parcel map;
e. Rental terms of any unit created by the subdivision shall not be rented for
a period of less than thirty (30) days; and
f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses."
Subsection (F) of Section 19.90.020 shall read as set forth in the quotations
below:
"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), ,
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."
Ordinance No. 2023-22
Page 437 of 470
Section 892:The Table of Contents for Title 20 (Planning and Zoning) of the
Code is hereby amended to read as follows:
Chapters:
Title 20
PLANNING AND ZONING*
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
Part 5. Planning Permit Procedures
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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
20.70 Definitions
20.80 Maps
Part 7. Definitions
Part 8. Maps
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
Section 893: Subsection (A) of Section 20.10.050 (Responsibility for
Administration) of Chapter 20.10 (Purpose and Applicability of the Zoning Code) of Title
20 of the Code is hereby amended to read as set forth in the quotations below:
"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 Community Development Director, hereafter referred to as the
"Director"; the Zoning Administrator; and the Community Development Department,
hereafter referred to as the "Department," and any other City official or body as
specifically identified."
Section 894:Table 2-2 of Section 20.18.030 (Residential Zoning Districts
General Development Standards) of Chapter 20.18 (Residential Zoning Districts (R-A,
R-1, R-BI, R-2, RM, RMD)) of Title 20 of the Code is hereby amends the row titled "Bluff
edge setback" to read as follows:
Table 2-2
Bluff edge lAs provided in Section 20.28.040 (Bluff (B) Overlay District). See also
Ordinance No. 2023-22
Page 439 of 470
setback Section 21.28.040
Section 895: Table 2-4 of 20.20.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG,
OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code hereby amends the row
titled " Take Out Service — Fast Casual(up to 20 seats)(1)(2)" and add the row entitled
"Alcohol Sales (off-sale)(with late hours)(1)" to read as follows:
Table 2-4
Take -Out Service —Fast -Casual (up to
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.
20 seats) (1) (2)
090
Alcohol Sales (off -sale) (with late
CUP
CUP
CUP
CUP
Section
hours) (1)
20.48.030
Section 896: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of
Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements)
of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN,
CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended to read as set
forth in the quotations below:
"(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), a minor use permit shall be required for any use
located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours."
Section 897: Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land
Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA,
OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code hereby amends
the row titled "Take -Out Service — Fast Casual (up to 20 seats)(1)(2)" and adds the row
titled "Alcohol Sales (off-sale)(with late hours)(1)" to read as follows:
Table 2-5
Take -Out Service —Fast-
P/MUP
P/MUP
1
P/MUP
P/MUP
P/MUP
P/MUP
Section
Casual (up to 20 seats) (1) (2)
1
20.48.090
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Page 440 of 470
Alcohol Sales (off -sale) (with
CUP
CUP
CUP
CUP
CUP
CUP
Section
late hours) (1)
20.48.030
Section 898: Note (2) of Table 2-5 (Allowed Uses and Permit Requirements) of
Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV,
CV-LV)) of Title 20 of the Code is hereby amended to read as set forth in the quotations
below:
"(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), a minor use permit shall be required for any use
located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours."
Section 899: Table 2-8 of Section 20.22.020 (Mixed -Use Zoning Districts Land
Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS
(MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) of Title 20 of the Code
hereby amends the row titled "Take -Out Service — Fast Casual (up to 20 seats)(4)(5)"
and adds the row titled "Alcohol Sales (off-sale)(with late hours)(4)" to read as follows:
Take -Out Service —Fast -Casual (up to
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
20 seats) (4) (5)
Alcohol Sales (off -sale) (with late
CUP
CUP
CUP
Section 20.48.030
hours) (4)
Section 900: Note (5) of Table 2-8 of Section 20.22.020 (Mixed -Use Zoning
Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING
DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2) of Title 20
of the Code is hereby amended to read as set forth in the quotations below:
"(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.
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Page 441 of 470
b. Except as provided in (5)(a), a minor use permit shall be required for any use
located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours."
Section 901: Table 2-9 of Section 20.22.020 (Mixed -Use Zoning Districts Land
Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS
(MU-V, MU-MM, MU-DW, MU-CV/15T" ST., MU-W1, MU-W2) of Title 20 of the code
hereby amends the row titled "Take -Out Service —Fast -Casual (up to 20 seats) (3)(4)"
to read as follows:
Take -Out Service —Fast -Casual (up to 20 seats) (3)(4) P/MUP JP/MUP Section 20.48.090
Section 902: Note (4) of Table 2-9 of Section 20.22.020 (Mixed -Use Zoning
Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING
DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV/15T" ST., MU-W1, MU-W2) of Title 20 of
the Code is hereby amended to read as set forth in the quotations below:
"(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), a minor use permit shall be required for any use
located within five hundred (500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours."
Section 903: Subsection (13)(3) of Section 20.28.020 (Mobile Home Park (MHP)
Overlay Zoning District) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of
Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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. Gov. Code.
a. A phase out plan shall not be found to be acceptable unless it includes all of
the following:
i. A time schedule and method by which existing mobile homes, cabanas,
ramadas, and other substantial improvements and tenants are to be relocated or
appropriately compensated;
Ordinance No. 2023-22
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ii. Methods of mitigating the housing impacts on tenants having low and
moderate incomes, elderly tenants, and tenants who are handicapped; and
iii. The programs or other means that are to be implemented properly
address the housing impacts on those described in subsection (B)(3)(a)(ii) of this
section are mitigated.
b. For purposes of this finding, "low and moderate incomes" shall be defined in
compliance with the provisions of the City's Housing Element."
Section 904: Subsection (D) of Section 20.28.040 (Bluff (B) Overlay District) of
Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is
hereby amended to read as set forth in the quotations below:
"D. Location of Development Areas. The development areas are listed below and
depicted in the referenced map exhibit 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 Exhibit
B-1) All contour lines refer to NAVD 88 contours.
1. Kings Place (104-112 and 204-224).
a. 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.
b. Development Area C. All portions of the lot not located in Area A.
2. Kings Place (116-200).
a. Development Area A. As indicated by the specified distance (in feet) from
the front property line on the development area map.
b. Development Area B. All portions of the lot not located in Area A or C.
c. Development Area C. Between the down slope boundary of Area A and a
development line established at the twenty-six (26) foot contour line.
d. 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."
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Section 905: Subsection (A) of Section 20.30.120 (Solid Waste and Recyclable
Materials Storage) of Chapter 20.30 (Property Development Standards) of Title 20 of
the Code is hereby amended to read as set forth in the quotations below:
"A. 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."
Section 906: Subsections (L) and (0) of Section 20.32.020 (Definitions) of
Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as
set forth below:
Subsection (L) of Section 20.32.020 shall read as set forth in the quotations
below:
"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. 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."
Subsection (0) of Section 20.32.020 shall read as set forth in the quotations
below:
"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 of Section 214 (G)."
Section 907: Subsection (A)(8) of Section 20.32.030 (Eligibility for Density Bonus
and Incentives) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby
amended to read as set forth in the quotations below:
"8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3
and 51.12, 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."
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Page 444 of 470
Section 908: Subsection (C)(4) of Section 20.32.050 (Allowed Density Bonuses)
of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as
set forth in the quotations below:
'A. 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 Section 103577(3)(e), 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."
Section 909: Subsections (B)(3)(b)(c) of Section 20.32.060 (Parking
Requirements in Density Bonus Projects) of Chapter 20.32 (Density Bonus) of Title 20
of the Code are hereby amended to read as set forth in the quotations below:
"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 and the housing development has either paratransit service or
unobstructed access within one-half mile of a fixed bus route that operates at least eight
(8) times per day; or
c. The housing development is either a special needs housing development, as
defined in Cal. Health & Saf. Code Section 51312, or supportive housing development
as defined in Cal. Health & Saf. Code Section 50675.14, and the housing development
has either paratransit service or unobstructed access within one-half mile of a fixed bus
route that operates at least eight (8) times per day."
Section 910: Subsection (B) of Section 20.32.130 (Continued Availability) of
Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set
forth in the quotations below:
"B. Affordable Costs. The rents and owner -occupied costs charged for the housing
units shall not exceed the following amounts during the period of continued availability
required by this section:
1. Rental Units. Rents for density bonus units shall be set at an affordable rent as
defined in Cal. Health & Saf. Code Section 50053; and
2. Owner -Occupied Units. Owner -occupied units shall be available at an
affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5."
Section 911: Subsections (A)(1), (A)(2)(a), and (B)(2) of Section 20.32.140
(Occupancy and Resale of Ownership Units) of Chapter 20.32 (Density Bonus) of Title
20 of the Code are hereby amended to read as set forth below:
Ordinance No. 2023-22
Page 445 of 470
Subsection (A)(1) of Section 20.32.140 shall read as set forth in the quotations
below:
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, and subject to an equity sharing agreement."
Subsection (A)(2)(a) of Section 20.32.140 shall read as set forth in the quotations
below:
,,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. & Tax. Code
Section 214.15 for properties intended to be sold to low-income households who
participate in a special no -interest loan program;"
Subsection (B)(2) of Section 20.32.140 shall read as set forth in the quotations
below:
"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 & Saf. Code Section 33334.2(e) that promote home ownership.
For the purposes of this section:
a. The City's initial subsidy shall be equal to the fair market value of the home at
the time of initial sale, minus the initial sale price, plus the amount of any down payment
assistance or mortgage assistance. If upon resale the market value is lower than the
initial market value, then the value at the time of the resale shall be used as the initial
market value;
b. The City's proportionate share of appreciation shall be equal to the ratio of the
initial subsidy to the fair market value of the home at the time of initial sale; and
c. The initial subsidy shall include any incentives granted by the City and shall be
equal to the monetary equivalent of the incentives."
Section 912: Chapter 20.34 (Conversion or Demolition of Affordable Housing) of
Title 20 of the Code is hereby deleted in its entirety.
Section 913: Subsection (F) of Section 20.42.030 (General Provisions) of
Chapter 20.42 (Sign Standards) of Title 20 of the Code is hereby amended to read as
set forth in the quotations below:
"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
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Page 446 of 470
adopted. The City adopts this policy in compliance with Cal. Gov. Code Section 65850
and Cal. Bus. & Prof. Code Sections 5354(a) and 5408.3. 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. & Prof. Code Section 5412."
Section 914: Subsection (C)(2)(b)(i) of Section 20.48.030 (Alcohol Sales) of
Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby
amended to read as set forth in the quotations below:
1. A pattern of documented violations of the permit conditions, this Zoning Code, this
Code, the Cal. Pen. Code, or other State statutes; or"
Section 915: Subsection (A)(3) of Section 20.48.060 (Bed and Breakfast Inns) of
Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby
amended to read as set forth in the quotations below:
"3. Sales. Accessory sales of goods and services shall be limited to registered guests
only. In compliance with Cal. Bus. & Prof. 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)."
Section 916: Subsection (G)(2)(b)(i) of Section 20.48.090 (Eating and Drinking
Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the
Code is hereby amended to read as set forth in the quotations below:
1. A pattern of documented violations of the permit conditions, this Zoning Code, the
Municipal Code, the Cal. Pen. Code, or other State statutes; or"
Section 917: Without making any changes to the subsections, the introductory
paragraph to Section 20.48.100 (Emergency Shelters) of Chapter 20.48 (Standards for
Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in
the quotations below:
"This section provides standards for the establishment and operation of emergency
shelters in compliance with Cal. Gov. Code Section 65583."
Section 918: Subsections (A), (13)(4), (F)(3)(c)(iii) and (J) of Section 20.48.200
(Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title
20 of the Code are hereby amended to read as set forth below:
Ordinance No. 2023-22
Page 447 of 470
Subsection (A) of Section 20.48.200 shall read as set forth in the quotations
below:
"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 Cal. Gov. Code Sections 65852.2 and 65852.22, 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."
Subsection (B)(4) of Section 20.48.200 shall read as set forth in the quotations
below:
"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 or junior accessory dwelling unit. This does not prevent the City from
enforcing compliance with applicable building standards in accordance with Cal. Health
& Saf. Code Section 17980.12."
Subsection (F)(3)(c)(iii) of Section 20.48.200 shall read as set forth in the
quotations below:
"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 Cal. Pub.
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."
Subsection (J) of Section 20.48.200 shall read as set forth in the quotations
below:
"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 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."
Section 919:The introductory paragraph and Subsections (13)(3)(c)(d)(e),
(13)(4)(b)(i)(ii), (13)(4)(m), and (13)(5)(g) of Section 20.48.205 (SB 9 Housing
Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts) of
Ordinance No. 2023-22
Page 448 of 470
Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code are hereby
amended to read as set forth below:
The introductory paragraph of Section 20.48.205 shall read as set forth in the
quotations below:
"This section provides regulations for the creation of SIB 9 housing developments and
urban lot splits as required pursuant to Cal. Gov. Code Sections 65852.21 and 66411.7.
This section shall sunset automatically without action of the City in the event Cal. Gov.
Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State
law."
Subsection (B)(3)(c)(d)(e) of Section 20.48.205 shall read as set forth in the
quotations below:
"c. Ellis Act. The development is located on a lot on which the owner has exercised
rights under the Ellis Act (Cal. Gov. 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."
d. Historic Resource. The development is located within a historic district or property
included on the State Historic Resources Inventory, as defined in Cal. Pub. Resources
Code Section 5020.1, or on a lot that is designated or listed as a City landmark or
historic property.
e. Environmental Resource or Hazard. As specified in Cal. Gov. Code Section
65913.4, the development is located on a lot that is any of the following:
i. Either prime farmland or farmland of statewide importance;
ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development is
designed to comply with Section 9.04.380 (Requirements for Wildland Urban Interface
Fire Areas);
iv. A hazardous waste site, unless the lot has been appropriately cleared for
residential use;
v. Within a delineated earthquake fault zone, unless the development complies
with applicable seismic protection building code standards;
Ordinance No. 2023-22
Page 449 of 470
vi. Within a special flood hazard area as mapped by the most recent adopted
Flood Insurance Rate Plan, unless the development is designed to comply with Chapter
15.50 (Floodplain Management);
plan;
vii. Within a regulatory floodway;
viii. Lands identified for conservation in an adopted natural resource protection
ix. Lands that include habitat for protected species; and/or
x. Lands subject to a conservation easement."
Subsection (B)(4)(b)(i)(ii) of Section 20.48.205 shall read as set forth in the
quotations below:
1. One-half mile walking distance of a high -quality transit corridor, as defined in Cal.
Pub. Resources Code Section 21155;
ii. One-half mile walking distance of a major transit stop, as defined in Cal. Pub.
Resources Code Section 21064.3; or"
Subsection (B)(4)(m) of Section 20.48.205 shall read as set forth in the
quotations below:
"m. Findings for Denial of an SIB 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 Cal.
Gov. 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."
Subsection (B)(5)(g) of Section 20.48.205 shall read as set forth in the quotations
below:
"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 (3) 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. & Tax. Code
Ordinance No. 2023-22
Page 450 of 470
Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in Cal.
Rev. & Tax. Code Section 214.15."
Section 920: Subsection (13)(3) of Section 20.48.230 (Tattoo Establishments) of
Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby
amended to read as set forth in the quotations below:
"I 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 this Code."
Section 921: Subsections (B), (E)(2) and (F) of Section 20.49.020 (Effect of
Chapter) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the
Code are hereby amended to read as set forth below:
Subsection (B) of Section 20.49.020 shall read as set forth in the quotations
below:
"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 prior to installation of the facility, consistent with
Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property)."
Subsection (E)(2) of Section 20.49.020 shall read as set forth in the quotations
below:
"2. Requirements established by any other provision of this Code and by any other
ordinance and regulation of the City."
Subsection (F) of Section 20.49.020 shall read as set forth in the quotations
below:
"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
Ordinance No. 2023-22
Page 451 of 470
legal, nonconforming uses or structures that may be applicable pursuant to provisions of
this Code or federal and State laws as they may be amended or enacted, in the future."
Section 922: Subsection (S) of Section 20.49.030 (Definitions) of Chapter 20.49
(Wireless Telecommunications Facilities) of Title 20 of the Code is hereby amended to
read as set forth in the quotations below:
"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 Cal. Pub. Util. 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."
Section 923: Subsections (F)(3)(b), (F)(6)(b)(i) and (J)(2) of Section 20.49.050
(General Development and Design Standards) of Chapter 20.49 (Wireless
Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as
set forth below:
Subsection (F)(3)(b) of Section 20.49.050 shall read as set forth in the quotations
below:
"b. New or replacement vertical structures may be allowed when authorized by this
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 the area."
Subsection (F)(6)(b)(i) of Section 20.49.050 shall read as set forth in the
quotations below:
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 this 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 this Code."
Ordinance No. 2023-22
Page 452 of 470
Subsection (J)(2) of Section 20.49.050 shall read as set forth in the quotations
below:
"2. All graffiti on any components of the telecom facility shall be removed promptly in
accordance with this Code."
Section 924: Subsections (B), (C), (E) and (F) of Section 20.49.060 (Permit
Review Procedures) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title
20 of the Code are hereby amended to read as set forth below:
Subsections (8) and (C) of Section 20.49.060 shall read as set forth in the
quotations below:
"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 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."
Subsections (E) and (F) of Section 20.49.060 shall read as set forth in the
quotations below:
"E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the
contrary, and consistent with Cal. Gov. Code Section 65850.6, 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. 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. The Police Chief 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."
Section 925: Section 20.49.080 (Agreement for Use of City -Owned or City -Held
Trust Property) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of
the Code is hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 453 of 470
"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 this Code and any applicable provisions
of the City Council Policy Manual.
Prior to City approval of a license agreement, the applicant shall obtain a MUP, CUP,
LTP or ZC. Upon the issuance of a MUP, CUP, LTP or ZC, as required, and with an
approved license agreement, the applicant shall obtain any and all necessary ministerial
permits, including encroachment permits for work to be completed in the public right-of-
way and building permits, etc. All costs of said permits shall be at the sole and complete
responsibility of the applicant. All work shall be performed in accordance with the
applicable City standards and requirements."
Section 926: Table 5-1 (Review Authority) of Section 20.50.020 (Multiple Permit
Applications) of Chapter 20.50 (Permit Application Filing and Processing) of Title 20 of
the Code is hereby amended to replace the row entitled "Reasonable Accommodations"
to read as follows:
TABLE 5-1
Reasonable
Accommodations
Section
120.52.070
Decision
Appeal
Appeal
Section 927: Subsection (A) of Section 20.52.015 (Affordable Housing
Implementation Plan) of Chapter 20.52 (Permit Review Procedures) of Title 20 of the
Code is hereby amended to read as set forth in the quotations below:
"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. Code Section 65915 et seq. and Chapter 20.32."
Section 928: Subsections (G)(5) and (H)(11) of Section 20.52.040 (Limited Term
Permits) of Chapter 20.52 (Permit Review Procedures) of Title 20 of the Code are
hereby amended to read as set forth below:
Subsection (G)(5) of Section 20.52.040 shall read as set forth in the quotations
below:
Ordinance No. 2023-22
Page 454 of 470
"5. The limited duration use is consistent with all applicable provisions of the General
Plan, any applicable specific plan, this Code, and other City regulations."
Subsection (H)(11) of Section 20.52.040 shall read as set forth in the quotations
below:
11. Compliance with Applicable Provisions. A requirement that the approval of the
requested limited term permit is contingent upon compliance with applicable provisions
of this Code and the successful granting of all required permits from any other
department or governing agency; and"
Section 929: The Table of Contents for Chapter 20.60 (Administrative
Responsibility) of Title 20 of the Code is hereby amended to read as follows:
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
Community Development Director.
Section 930: Section 20.60.010 (Purpose) of Chapter 20.60 (Administrative
Responsibility) of Title 20 of the Code is hereby amended to read as set forth in the
quotations below:
"20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City
Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community
Development Director in the administration of this Zoning Code."
Section 931: Subsection (B) of Section 20.60.020 (City Council) of Chapter
20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read
as set forth in the quotations below:
"B. Imposition of Conditions. In making decisions on applications, the Council may
impose conditions it deems necessary to implement the General Plan and this Code
standards that apply to development and to further the public health, safety, and general
welfare of the community."
Ordinance No. 2023-22
Page 455 of 470
Section 932: Subsections (B) and (C) of Section 20.60.030 (Planning
Commission) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code
are hereby amended to read as set forth in the quotations below:
"B. Duties and Functions. The Commission shall perform the duties and functions
prescribed by State law, the City Charter, and this Code, including the following:
1. Approve, conditionally approve, or deny the applications prescribed by this
Zoning Code (e.g., conditional use permits, planned development permits, variances,
etc.) and tentative tract maps in compliance with Title 19 (Subdivision Code);
2. Review the effectiveness and appropriateness of this Zoning Code and
recommend amendments or changes to the Council as it deems appropriate;
3. Provide recommendations to the Council for final decisions on legislative acts
(e.g., General Plan and amendments, specific plans and amendments, zoning
amendments), and other applicable policy or ordinance matters related to the City's
planning process. Additionally, the Commission shall provide recommendations to the
Council on all concurrent applications filed with legislative act applications; and
4. Hear and decide appeals for all Zoning Administrator decisions and Director
determinations in compliance with Chapter 20.64 (Appeals).
C. Imposition of Conditions. In making decisions on applications, the Commission may
impose conditions it deems necessary to implement the General Plan and this Code
standards that apply to development and to further the public health, safety, and general
welfare of the community."
Section 933: Subsection (C) of Section 20.60.040 (Hearing Officer) of Chapter
20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended as set
forth in quotation below:
"C. Imposition of Conditions. In making decisions on applications, the Hearing Officer
may impose conditions deemed necessary to implement the General Plan and this
Code's standards that apply to development and to further the public health, safety, and
general welfare of the community."
Section 934: Subsections (13)(1) and (C) of Section 20.60.050 (Zoning
Administrator) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code
are hereby amended as set forth below:
Subsection (8)(1) of Section 20.60.050 shall read as set forth in the quotations
below:
Ordinance No. 2023-22
Page 456 of 470
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 this Code as well as the following:
a. Condominium conversions involving four or fewer units, through the approval
of a tentative parcel map, in compliance with Title 19 (Subdivisions);
b. Lot line adjustments, in compliance with Title 19 (Subdivisions);
c. Tentative parcel maps, in compliance with Title 19 (Subdivisions); and
d. Merger of contiguous lots in compliance with Title 19 (Subdivisions)."
Subsection (C) of Section 20.60.050 shall read as set forth in the quotations
below:
"C. Imposition of Conditions. In making decisions on applications, the Zoning
Administrator may impose conditions it deems necessary to implement the General
Plan and this Code's standards that apply to development and to further the public
health, safety, and general welfare of the community."
Section 935: The section heading for Section 20.60.060 (Planning Director) of
Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby deleted
in its entirety and replaced with the heading set forth in the quotations below, to read as
follows:
"20.60.060 Community Development Director."
Section 936: Subsection (13)(1) of Section 20.64.030 (Filing and Processing of
Appeals and Calls for Review) of Chapter 20.64 (Appeals) of Title 20 of the Code is
hereby amended to read as set forth in the quotations below:
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 this
Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract
maps, lot line adjustments, or lot mergers).
a. Appeals addressed to the Commission shall be filed with the Director on forms
provided by the Department;
b. Appeals addressed to the City Council shall be filed with the City Clerk on
forms provided by the Clerk;
Ordinance No. 2023-22
Page 457 of 470
c. Calls for review addressed to the Commission shall be filed with the Director
on forms provided by the Department; and
d. Calls for review addressed to the City Council shall be filed with the City Clerk
on forms provided by the Clerk."
Section 937: Section 20.70.010 (Purpose of Part) of Chapter 20.70 (Definitions)
of Title 20 of the Code introductory paragraph is hereby amended to read as set forth in
the quotations below:
"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 this 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.
As used in this Zoning Code, 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."
Section 938: Section 20.70.020 (Definitions of Specialized Terms and Phrases)
of Chapter 20.70 (Definitions) of Title 20 of the Code it hereby amended to delete the
definition of "Conversion" in its entirety; and to make the following modifications to the
specific definitions set forth below, without making any other changes to the other
definitions set forth in Section 20.70.020:
The definition of Affordable Housing Cost, set forth in Section 20.70.020, shall
read as set forth in the quotations below:
"Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Cal.
Health & Saf. Code Section 50052.5."
The definition of Affordable Rent, set forth in Section 20.70.020, shall read as set
forth in the quotations below:
"Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health &
Saf. Code Section 50053."
The definition of Alcohol sales, off -sale, accessory only (land use), set forth in
Section 20.70.020, shall read as set forth in the quotations below:
Ordinance No. 2023-22
Page 458 of 470
"'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 drug stores, grocery stores, and
supermarkets, but do not include convenience markets."
The definition of Animal -Keeping (Land Use), Subsection 3, Animal Wild, set forth
in Section 20.70.020, shall read as set forth in the quotations below:
"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 Section 671 (Importation,
Transportation and Possession of Live Restricted Animals)."
The definition of Area Median Income, set forth in Section 20.70.020, shall read
as set forth in the quotations below:
"'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 Section 6932."
The definition of California Environmental Quality Act (CEQA), set forth in
Section 20.70.020, shall read as set forth in the quotations below:
"'California Environmental Quality Act (CEQA)' means a State law (Cal. Pub. Resources
Code Section 21000 et seq.)."
The definition of Condominium, set forth in Section 20.70.020, shall read as set
forth in the quotations below:
"'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 Cal. Civ. Code Section 1351."
Ordinance No. 2023-22
Page 459 of 470
The definition of Demolition, set forth in Section 20.70.020, shall read as set forth
in the quotations below:
"'Demolition' means: the deliberate removal or destruction of the frame or foundation of
a portion of a structure."
The definition of Director, set forth in Section 20.70.020, shall read as set forth in
the quotations below:
"'Director' means the City of Newport Beach Community Development Director or a duly
designated representative of the Director."
The definition of Dwelling unit, accessory (land use), set forth in Section
20.70.020, shall read as set forth in the quotations below:
"'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 Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007."
The definition of Emergency shelter (land use), set forth in Section 20.70.020, shall
read as set forth in the quotations below:
"'Emergency shelter (land use)' means, as defined in Cal. Health & Saf. Code Section
50801(e), a facility with minimal supportive services for homeless persons."
The definition of Explosives, set forth in Section 20.70.020, shall read as set forth
in the quotations below:
"'Explosives' means a substance defined as an explosive by Cal. Health & Saf. Code
Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf.
Code. See also 'Hazardous materials."'
The definition of Final map, set forth in Section 20.70.020, shall read as set forth
in the quotations below:
"'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. Code Section 66410 et seq.), that is used to complete the
subdivision of five (5) or more lots. See also 'Parcel map' and 'Tentative map."'
Ordinance No. 2023-22
Page 460 of 470
The definition of General Plan, set forth in Section 20.70.020, shall read as set
forth in the quotations below:
"'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. Code Section
65300 et seq. and referred to in this Zoning Code as the 'General Plan."'
The definition of Lot line adjustment, set forth in Section 20.70.020, shall read as
set forth in the quotations below:
"'Lot line adjustment' means, as provided in the Subdivision Map Act (Cal. Gov. 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."
The definition of Municipal Code, set forth in Section 20.70.020, shall read as set
forth in the quotations below:
"'Municipal Code' means the Newport Beach Municipal Code of the City of Newport
Beach."
The definition of Parcel map, set forth in Section 20.70.020, shall read as set forth
in the quotations below:
"'Parcel map' means the subdivision map described by the Subdivision Map Act, Article
3, Chapter 2 (Cal. Gov. Code Section 66410 et seq.), which is required to complete a
subdivision of four (4) or fewer lots. See also 'Final map' and 'Tentative map."'
The definition of Parolee -Probationer, set forth in Section 20.70.020, shall read as
set forth in the quotations below:
"`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. Code Section 3000, and is under the jurisdiction of the California Department of
Corrections, Parole and Community Services Division; (c) 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 (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."
Ordinance No. 2023-22
Page 461 of 470
The definition of Public trust lands, set forth in Section 20.70.020, shall read as
set forth in the quotations below:
"'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 Section 13577). See 'Submerged
lands' and `Tidelands."'
The definition of SB 9 housing development (land use), set forth in Section
20.70.020, shall read as set forth in the quotations below:
" 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 Cal. Gov. Code
Section 65852.21."
The definition of Senior citizen housing development, set forth in Section
20.70.020, shall read as set forth in the quotations below:
"'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. Code Section 51.3(b)(4)."
The definition of Specific plan, set forth in Section 20.70.020, shall read as set
forth in the quotations below:
"'Specific plan' means, under Cal. 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)."
The definition of Subdivision Map Act, set forth in Section 20.70.020, shall read as
set forth in the quotations below:
"`Subdivision Map Act' means Division 2, Title 7 of the Cal. Gov. Code, commencing
with Section 66410, as amended, regarding the subdivision of real property."
The definition of Submerged lands, set forth in Section 20.70.020, shall read as
set forth in the quotations below:
Ordinance No. 2023-22
Page 462 of 470
"'Submerged lands' means lands that lie below the line of mean low tide (14 CCR
Section 13577). See 'Public trust lands."'
The definition of Supportive housing, set forth in Section 20.70.020, shall read as
set forth in the quotations below:
"'Supportive housing' means housing with no limit on length of stay, that is occupied by
the target population, as defined by Cal. Health & 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."
The definition of Tentative map, set forth in Section 20.70.020, shall read as set
forth in the quotations below:
"'Tentative map' means a subdivision map prepared in compliance with the Subdivision
Map Act (Cal. 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."'
The definition of Tidelands, set forth in Section 20.70.020, shall read as set forth
in the quotations below:
"'Tidelands' means lands that are located between the lines of mean high tide and mean
low tide (14 CCR Section 13577). See 'Public trust lands."'
The definition of Urban lot splits (land use), set forth in Section 20.70.020, shall
read as set forth in the quotations below:
"'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
Cal. Gov. Code Section 66411.7."
The definition of Visitor Accommodations (Land Use), Subsection 2, Hotel, and
Subsection 3, Motel, set forth in Section 20.70.020, shall read as set forth in the
quotations below:
"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,
Ordinance No. 2023-22
Page 463 of 470
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. & Tax. 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. &
Tax. Code Section 7280."
Section 939: Section 20.80.020 (Bluff overlay) of Chapter 20.80 (Map) of Title 20
of the Code is hereby amended to read as set forth in the quotations below:
20.80.020 Bluff overlay.
"Bluff Overlay, Development Area Map (Section 20.28.040):
B-1 — Kings Place (PDF)"
Section 940: Subsection (D) of Section 20.90.040 (Land Use Regulations) of
Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby
amended to read as set forth in the quotations below:
"D. Noise Mitigation.
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 Community 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 Community Development Director in the form of an
Ordinance No. 2023-22
Page 464 of 470
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 FAA
Aeronautical Study, the project applicant shall submit evidence to the Community
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."
Section 941: Subsection (C)(5) of Section 20.90.050 (Open Space and
Recreation District: SP-7 (OSR)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of
Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"5. Any other accessory use or structure which the Community Development Director
finds consistent with the purpose and intent of this district."
Section 942: Subsection (D)(9) of Section 20.90.060 (Residential Equestrian
District: SP-7 (REQ)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of
the Code is hereby amended to read as set forth in the quotations below:
"9. Any other accessory use or structure which the Community Development Director
finds consistent with the purpose and intent of this District."
Section 943: Subsections (D)(9), (F)(4)(b)(iii), and (G) of Section 20.90.070
(Residential Kennel District: SP-7 (RK)) of Chapter 20.90 (Santa Ana Heights Specific
Plan) of Title 20 of the Code are hereby amended to read as follows:
Subsection (D)(9) of Section 20.90.070 shall read as set forth in the quotations
below:
Ordinance No. 2023-22
Page 465 of 470
"9. Any other accessory use or structure which the Community Development Director
finds consistent with the purpose and intent of this district."
Subsection (F)(4)(b)(iii) of Section 20.90.070 shall read as set forth in the
quotations below:
Iii. Within those areas where fences and walls are limited to a maximum height of
three and one-half (3 �/2) feet per this Code."
Subsection (G) of Section 20.90.070 shall read as set forth in the quotations
below:
"G Special Regulations.
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
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 Community Development Director for review and approval. The
approved attenuation features shall be incorporated into the plans and specifications of
the project."
Section 944: Subsections (D)(7)(a)(b) and (D)(9) of Section 20.90.080
(Residential Single -Family District: SP-7 (RSF)) of Chapter 20.90 (Santa Ana Heights
Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:
Ordinance No. 2023-22
Page 466 of 470
Subsection (D)(7)(a)(b) of Section 20.90.080 shall read as set forth in the
quotations below:
"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 Community 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 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 six (6) horses on any one building site. The offspring of such
animals shall be considered adults when eight (8) months old. Exceptions to the above
may be provided for via a use permit approved by the Community Development
Director."
Subsection (D)(9) of Section 20.90.080 shall read as set forth in the quotations
below:
"9. Any other accessory use or structure which the Community Development Director
finds consistent with the purpose and intent of this district."
Section 945: Subsection (D)(7) of Section 20.90.090 (Residential Multiple -Family
District: SP-7 (RMF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of
the Code is hereby amended to read as set forth in the quotations below:
7. Any other accessory use or structure which the Community Development Director
finds consistent with the purpose and intent of this district."
Section 946: Subsection (D)(4) of Section 20.90.100 (Horticultural Nursery
District: SP-7 (HN)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of
the Code is hereby amended to read as set forth in the quotations below:
Ordinance No. 2023-22
Page 467 of 470
"4. Any other accessory uses or structures which the Community Development
Director finds consistent with the purpose and intent of this district."
Section 947: Subsections (D)(4) and (F)(11)(a)(v) of Section 20.90.110 (General
Commercial District: SP-7 (GC)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of
Title 20 of the Code are hereby amended to read as set forth below:
Subsection (D)(4) of Section 20.90.110 shall read as set forth in the quotations
below:
"4. Any other accessory uses or structures which the Community Development
Director finds consistent with the purpose and intent of this district."
Subsection (F)(11)(a)(v) of Section 20.90.110 shall read as set forth in the
quotations below:
IV 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 Community Development Director shall require that either
walls, berms, or a solid fence be installed."
Section 948: Subsections (C)(2), (C)(4)(f), (C)(6)(a), (D)(5) and (E)(11) of
Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter 20.90 (Santa Ana
Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth
below:
Subsection (C)(2) of Section 20.90.120 shall read as set forth in the quotations
below:
"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 Community
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
Ordinance No. 2023-22
Page 468 of 470
posted with the Community Development Director to guarantee the removal of each
commercial coach unit upon expiration of the use permit.
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 Community Development Director finds consistent
with the purpose and intent of this District."
Subsection (C)(4)(0 of Section 20.90.120 shall read as set forth in the quotations
below:
"f. Any use which the Community Development Director finds would result in
conditions or circumstances contrary to public health, safety and general welfare."
Subsection (C)(6)(a) of Section 20.90.120 shall read as set forth in the quotations
below:
,,a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six (6)
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
Community Development Director. Fence or wall materials and height shall be subject
to approval at the discretion of the Community Development Director. However, open
chain link or chain link with wooden or plastic slats shall be prohibited."
Subsection (D)(5) of Section 20.90.120 shall read as set forth in the quotations
below:
"5. Any other accessory use or structure which the Community Development Director
finds consistent with the purpose and intent of this district."
Subsection (E)(11) of Section 20.90.120 shall read as set forth in the quotations
below:
"11. Any use which the Community Development Director finds would result in
conditions or circumstances contrary to public health, safety and general welfare."
Ordinance No. 2023-22
Page 469 of 470
Section 949: Subsection (D)(3) of Section 20.90.130 (Professional and
Administrative Office District: SP-7 (PA)) of Chapter 20.90 (Santa Ana Heights Specific
Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations
below:
"3. Accessory uses and structures which the Community Development Director finds
consistent with the purpose and intent of this district."
Section 950: Subsection (C)(3)(b) of Section 20.90.170 (Fire Facility Overlay
District: (FF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the
Code is hereby amended to read as set forth in the quotations below:
"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 Community Development Director, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated."
Section 951: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 952: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Ordinance No. 2023-22
Page 470 of 470
Section 953: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of November, 2023, and adopted on the 28th
day of November, 2023, by the following vote, to -wit:
AYES: Mayor Blom, Mayor Pro Tern O'Neill, Councilmember Avery,
Councilmember Grant, Council member Kleiman, Councilmember
Stapleton, Councilmember Weigand
NAYS:
ABSENT:
LEILANI I. BROWN, CITY CLERK
NiM-;41:at,;
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAKON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2023-22 was duly introduced on the 141h day of November, 2023, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 281h day of November, 2023, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 29'h day of November, 2023.
Of AAA' J
Leilan1 I. rown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-22 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 18, 2023
Adopted Ordinance: December 2, 2023
In witness whereof, I have hereunto subscribed my name this ✓ f '1 day of December, 2023.
Leilani I. Brown, M C
City Clerk
City of Newport Beach, California