HomeMy WebLinkAboutSUBDIVISION CODE 19i a
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OF 7N;
.-SUBDIVISION CODE
--NEWPORT BEACH
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PART 3 - EXECUTION
3.01 INSTALLATION.
A. Install skylights in strict accordpnce with manufacturers printed
instructions and as detailed.
END OF SECTION
Skylights
07810-2
T I T L E 1 9
S U B D I V I S I O N S
CITY OF NEWPORT BEACH
J ANUARY, 1 9 7 4
REVISIONS SUBSEQUENT TO ORIGINAL PRINTING
Effective Date
Section
Ordinance
July 24, 1974
19.24.110
No.
1564
July 24, 1974
19.12.010
No.
1565
July 9, 1975
19.12,010
No.
1610
September 24, 1975
19.12.040
No.
1633
June 23, 1976
19.12.010
No.
1669
June 23, 1976
19.12.040
No.
1671
October 27, 1976
19.12.040
No.
1695
19.12.070(B)
March 30, 1977
19.12.040
No.
1705
19.12.070(B)
June 22, 1977
Chapter 19.50
No.
1733
March 13, 1978
19.08.060
No.
1761
January 11, 1979
Chapter 19.10
No.
1786
June 23, 1980
19.08.050
No.
1854
July 14, 1982
19.16.010
No.
82-12
April 9, 1986
Chapter 19.14
No.
86-1
August 10, 1988
19.14.013
No.
88-22
19.14.014
1. Zoning Regulations - See Title 20.
S U B D I V I S I O N S
Title 19
SUBDIVISIONS
Chapters:
Page No.
19.04
Definitions
2
19.08
General Provisions
3
19.10
Condominium Conversions
5
19.12
Tentative Map
6
19.14
Vesting Tentative Maps for
12-1
Residential Subdivisions
19.16
Final Map
13
19.20
Design Standards
22
19.24
Improvements
28
19.28
Monuments
31
19.32
Exceptions
33
19.36
Appeals
37
19.40
Penalty for Violations
38
19.50
Park Dedication
39
Page 2.
DEFINITIONS
Chapter 19.04
D E F I N I T I O N S
Chapter 19.04
DEFINITIONS
Sections:
19.04.010 Map Act Defined.
19.04.020 Owner Defined.
19.04.030 Subdivider Defined.
19.04.040 Subdivision Defined.
19.04.010 MAP ACT DEFINED. The term "map act" shall mean the
Subdivision Map Act of the State of California. (1949 Code § 9251.1
added by Ord. 650; October 8, 1951).
19.04.020 OWNER DEFINED. The term "owner" shall mean the
individual, firm, association, syndicate, co -partnership, or corporation
having sufficient proprietary interest in the land sought to be
subdivided to commence and maintain proceedings to subdivide the same
under this Title, and while used herein, the masculine gender and
singular number shall be deemed to mean the feminine and neuter gender
and plural number whenever required. (1949 Code § 9251.2 added by Ord.
650, October 8, 1951).
19.04.030 SUBDIVIDER DEFINED. The term "subdivider" shall
mean any individual, firm, association, syndicate, co -partnership,
corporation, trust or any other legal entity commencing proceedings under
this Title, to effect a subdivision of land hereunder for himself or for
another, and while used herein, the masculine gender and singular number
shall be deemed to mean and include the feminine or neuter gender and the
plural number whenever required. (1949 Code § 9251.3 added by Ord. 650;
October 8, 1951).
19.04.040 SUBDIVISION DEFINED. The term "subdivision" shall
mean any land or portion thereof shown on the last preceding tax roll as
a unit or as a contiguous unit which is divided for the purpose of sale
or lease, whether immediate or future, by any subdivider. (1949 Code §
9251.4 added by Ord. 650; October 8, 1951 as amended by Ord. 891; July
27, 1959).
Page 3.
GENERAL PROVISIONS
Chapter 19.08
GENERAL P R O V I SIONS
Chapter 19.08
GENERAL PROVISIONS
Sections:
19.08.010 Purpose of Title.
19.08.020 Planning Commission Designated Advisory Agency.
19.08.030 Planning Commission Powers and Duties.
19.08.040 Compliance Required.
19.08.050 Exceptions.
19.08.060 Lot Merger.
19.08.010 PURPOSE OF TITLE. This Title is enacted for the purpose
of adopting subdivision regulations for the City of Newport Beach, State of
California. (1949 Code § 9250.1 added by Ord. 650, October 8, 1951).
19.08.020 PLANNING COMMISSION DESIGNATED ADVISORY AGENCY. The
Planning Commission of the City of Newport Beach, hereinafter referred to as the
Planning Commission, is hereby designated as the Advisory Agency with respect
to subdivisions as provided in the Subdivision Map Act. (1949 Code § 9250.2 added
by Ord. 650; October 8, 1951).
19.08.030 PLANNING COMMISSION POWERS AND DUTIES. The Planning
Commission shall have all the powers and duties with respect to tentative and
final maps, and the procedure relating thereto which are specified by law and
by this Title. (1949 Code § 9250.3 added by Ord. 650; October 8, 1951).
19.08.040 COMPLIANCE REQUIRED. No person shall, as a principal,
agent or otherwise, offer to sell or lease, contract to sell, sell or lease any
subdivision of land or any part thereof in the City unless and until all the
requirements of this Title have been complied with; provided, however, that this
provision shall not prevent the renting or leasing of residences or apartments,
offices, stores or similar space in an apartment building, commercial building,
industrial building or trailer park. (1949 Code § 9250.4 added by Ord. 650,
October 8, 1951, as amended by Ord. 891; July 27, 1959).
19.08.050 EXCEPTIONS. A. SALE OF LAND FOR SUBDIVISIONS. The
provisions of this title do not apply to the sale or lease of parcels of land
of five (5) acres or more when the seller or lessor is conveying or leasing such
parcel of parcels to a subdivider for the purpose of subdivision.
B. CEMETERY PURPOSES. The provisions of this Article do not apply to land
dedicated for cemetery purposes under the Health and Safety Code of the State
of California.
Page 4 - 1.
GENERAL PROVISIONS
Chapter 19.08
C. PARCELS OR BUILDING SITES. The provisions of this title do not apply to
the sale or lease of lots or portions of lots for the purpose of creating parcels
or building sites in a subdivision, the final map of which has been previously
recorded, where the following conditions exist:
1. No parcel or building site will be created which has a smaller area
than the lot size required by Title 20 and this title or if a smaller
parcel or building site is created, the area of such parcel or site
will not be smaller than that of any lot or lots shown on the
recorded final map which were divided to create such'parcel or
building site.
2. No parcel or building site will be created which will result in
nonconforming conditions under Title 20 with respect to setbacks or
yard spaces.
3. The owner or lessee of the land files six copies of a map prepared
and certified by a licensed surveyor or engineer with the Planning
Commission for review and transmission with its recommendations to
the City Council, showing each parcel or building site by letter
designation, along with legal descriptions of each parcel or building
site shown on the map and pays a filing fee of Fifteen Dollars ($15)
at the time of filing. No parcel or building site, the boundary of
which divides any lot shown on the map, shall be sold or leased until
the map required herein has been reviewed by the Planning Commission
and approved by the City Council. (1949 Code § 9250.5 added by Ord.
905; December 28, 1959).
D. LOT LINE ADJUSTMENTS. The provisions of this title do not apply to a lot
line adjustment between two or more adjacent parcels, where the following
conditions exist:
1. The lot line adjustment is minor and routine in nature, and a
determination can be made without the need for extensive review and
public involvement.
2. The land taken from one parcel is added to an adjacent parcel.
3. A greater number of parcels than originally existed is not thereby
created.
4. The lot line adjustment is approved under procedures set out in
Title 20.
Page 4 - 2
GENERAL PROVISIONS
Chapter 19.08
When the aforementioned conditions have been met, a parcel map, tentative or
final map shall not be required. (Ord. 1854 § 2, 1980).
19.08.060 LOT MERGER. A. MERGER. For lots or parcels within the
City, there shall be a merger of lots or parcels when each of the following
conditions are met:
1. Two or more contiguous lots or parcels are held by the same owner;
2. Said lots or parcels do not conform to the minimum lot size to permit
use or development under the provisions of Title 20 of the Newport
Beach Municipal Code (Zoning Ordinance) and further provided that
the minimum lot size set forth in Title 20 of the Newport Beach
Municipal Code shall apply, for the purposes of merger, to lots
within the City, no matter when created; and
3. None of such contiguous lots or parcels is developed with a building
for which a building permit has been issued by the City of Newport
Beach, or by the County of Orange for parcels which were created and
thereafter annexed to the City of Newport Beach.
B. NOTICE OF MERGER, HEARING. The Community Development Director, when
he has knowledge that real property has merged pursuant to this Section, shall
cause to be filed for recordation with the County Recorder a notice of merger,
specifying the name of the record owner and particularly describing the real
property; provided, that the Community Development Director shall advise the
owner of the lots or parcels to be affected by the merger at least thirty (30)
days prior to recordation of said notice, the fact that he intends to record the
notice and specifying a time, date and place at which the owner, may present
evidence to the Community Development Director why such notice should not be
recorded. The Community Development Director shall hear and consider any such
evidence, should the owner choose to present such evidence. The Community
Development Director shall make his determination regarding recordation of such
notice, which decision shall become final ten (10) days after the decision is
made in absence of any appeal to the Planning Commission or request for review
by the Planning Commission on its own motion, adopted by four affirmative votes,
or by City Council on its own motion, adopted by four affirmative votes, within
said ten (10) day period.
C. REVIEW OR APPEAL TO PLANNING COMMISSION. In any case where the owner is
not satisfied with the decision of the Community Development Director, he may
appeal in writing to the Planning Commission by filing a notice of appeal within
ten (10) days following the decision by the Community Development Director or
where the Planning Commission determines to review the decision of the Community
Development Director, a hearing shall be held by the Planning Commission. The
owner shall be given notice specifying a time, date and place at which the owner
may present evidence to the Planning Commission why such notice should not be
recorded. The Planning Commission shall hear and consider any such evidence and
make its decision regarding such notice not later than ten (10) days after the
Page 4 - 3.
GENERAL PROVISIONS
Chapter 19.08
date of the public discussion of said item by the Planning Commission. The
action of the Planning Commission on such notice shall become final twenty-one
(21) days after the decision of the Planning Commission in absence of any appeal
to the City Council or request for review by the City Council on its own motion,
adopted by four affirmative votes.
D. REVIEW BY OR APPEAL TO CITY COUNCIL. In any case where the owner is
not satisfied with the decision of the Planning Commission, he may appeal in
writing to the City Council by filing a notice of appeal within ten (10) days
following the decision by the Planning Commission or where the City Council has
determined to review the decision of the Planning Commission, a hearing shall
be held by the City Council. The owner shall be given notice specifying a time,
date and place at which the owner may present evidence to the City Council why
such notice should not be recorded. The City Council shall hear and consider
any such evidence and make its decision regarding such notice not later than ten
(10) days after the date of the public discussion of said item by the City
Council. The action of the City Council on such notice shall be final.
E. RECORDATION OF NOTICE - EFFECT. At such time as the determination to
record a notice of merger shall become final, the notice shall be recorded at
the office of the County Recorder, Orange County, California. Recordation of
such notice shall be a memorialization of the lot merger which had previously
occurred. After such notice has been recorded, the subject lots or parcels
shall be held merged as one lot or parcel for purposes of applying the Zoning
Ordinance, Subdivision Ordinance, building regulations and other regulations
regarding land use and development of the City of Newport Beach. (Ord. 1761 §
1, 1978).
Page 5 - 1.
CONDOMINIUM
CONVERSIONS
Chapter 19.10
CHAPTER 19.10
CONVERSIONS
Sections:
19.10.010
Intent and Purpose
19.10.020
Definitions
19.10.030
Permit
19.10.040
Waiver of Parcel Map
19.10.050
Findings
19.10.060
Modification or Waiver of Standards
19.10.065
Exemptions
19.10.070
Enforcement
19.10.010 INTENT AND PURPOSE. The City Council finds and
determines that condominiums differ from apartments in respect to design, type
of construction, and maintenance controls, and therefore these development
standards are adopted for the protection of the community and purchasers of
condominiums which have been converted from apartments.
19.10.020 DEFINITIONS (A) APARTMENT: A building or portion
thereof designed and used for occupancy by two or more individual persons or
families living independently of each other.
(B) COMMUNITY APARTMENT: A development in which an undivided interest
in the land is coupled with the right of exclusive occupancy of an apartment
located thereon. For the purposes of this Chapter, community apartment will be
subject to the same conditions and standards as condominiums.
(C) CONDOMINIUM: An estate in real property consisting of an
undivided interest in common in a portion of a parcel of real property, together
with a separate interest in space in a residential, industrial, or commercial
building on such real property, such as an apartment, office, or store.
'Condominium' shall include townhouses.
(D) CONDOMINIUM CONVERSION: The development of land and attached
structures as a condominium project, regardless of the present or prior use of
such land or structures, and regardless of whether substantial improvements have
been made to such structures.
Page 5 - 2.
CONVERSIONS
Chapter 19.10
(E) CONDOMINIUM PROJECT: The entire parcel of real property, including
all structures thereon, subdivided or to be subdivided for the purpose of
converting existing structures to condominium units.
19.10.030 PERMIT. A tentative and final map shall be required
for all subdivisions creating five or more parcels, five or more condominiums,
or a community apartment project containing five or more parcels, except 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 legislative
body, or
(b) Each parcel created by the division has a gross area of 20
acres or more and has an approved access to a maintained public street or
high, or
(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 governing body as to street alignments and widths,
or
(d) Each parcel created by the division has a gross area of not
less than 40 acres or is not less than a quarter of a quarter section;
provided, however, that a local ordinance may specify tentative and final
map approval for a subdivision in which one or more of the resultant
parcels is between 40 acres and 60 acres in size.
A tentative parcel map shall be required for those subdivisions described in
subdivisions (a), (b),'(c), and (d).
19.10.040 WAIVER OF PARCEL MAP. The requirement for a parcel
map shall be waived where the Planning Commission finds that the proposed
division complies with all City requirements as to area, improvement and design,
floodwater drainage control, improved public streets, sanitary disposal
facilities, availability of water and environment protection. Where the
requirement for a parcel map is waived by the Planning Commission a Condominium
Conversion Permit shall be required. Said permit shall be issued only when it
has been determined by the Director of Community Development that the
requirements of the Planning Commission have been met.
19.10.050 FINDINGS. A condominium conversion project or portion
thereof shall be approved or conditionally approved in whole or part if the
Planning Commission, or City Council upon appeal or review, has considered and
found the following:
Page 5 - 3.
CONVERSIONS
Chapter 19.10
(1) That the building to be converted, on the date of the
conversion, will be in basic compliance with the current Building Code,
will be in basic compliance with the current Building Code, providing
there is in existence at least one parking space per unit;
(2) That each of the tenants of the proposed condominium will be
given 120 days written notice of intention to convert prior to termination
of tenancy due to the proposed conversion;
(3) That each of the tenants of the proposed condominium will be
given notice of an exclusive right to contract for the purpose of their
respective units upon the same terms and conditions that such units will
be initially offered to the general public or terms more favorable to the
tenant.
19.10.060 MODIFICATION OR WAIVER OF STANDARDS. Where
building requirements have changed subsequent to the construction of the
building, the Planning Commission shall have the authority to modify or
waive any requirements of Title 15 (Buildings and Construction) of such
modification or waiver will in no way be more detrimental to adjacent
properties or improvements than will the strict compliance with the
requirements of Title 15.
19.10.065 EXEMPTIONS. (A) The conversion of existing
residential development to a condominium project shall be exempt from the
requirements of Chapter 19.50 PARK DEDICATION provided that on the date
of conversion said dwellings are at least five years of ago and no
additional residential dwelling units are to be added to the project.
(B) The conversion of existing development to a condominium project
shall be exempt from the requirement of Chapter 15.40 TRAFFIC PHASING
ORDINANCE provided that the proposed conversion will not add more than
10,000 square feet of gross floor area to any commercial or industrial
project or more than ten dwelling units to any residential project.
19.10.070 ENFORCEMENT. It shall be unlawful and shall
constitute an infraction for any person to proceed in any way with a
condominium conversion project without first applying for and receiving
the required permits." (Ord. 1786 § 1, 1979)
Page 6.
TENTATIVE MAP
Chapter 19.12
T E N T AT IV E MAP
Chapter 19.12
TENTATIVE MAP
Section:
19.12.010 Filing of Map - Fee.
19.12.020 Transmittal to Department - Reports.
19.12.030 Size and Scale.
19.12.040 Subdivision Containing Less than Five Lots.
19.12.050 Contents.
19.12.060 Accompanying Written Statement.
19.12.070 Determination and Report by Commission.
19.12.080 Dedication of Public Areas - Recommendations.
19.12.090 Grounds for Refusal.
19.12.010 FILING OF MAP - FEE. Thirty copies of a tentative
map and statement of the proposed subdivision of any land shall be filed with
the Planning Commission at least twenty-seven (2.7) days prior to the meeting of
the Commission at which consideration is desired, together with a filing fee as
established by Resolution of the City Council for any subdivisions except
subdivisions containing less than five (5) lots. (Ord. 1737 § 1, 1977; Ord. 1610
§ 1, 1975; Ord. 1565 § 1, 1974; Ord. 1517 § 1, 1973; prior 1949 Code @ 925.11
added by Ord. 650 and amended by Ord. 1012, 1962 and Ord. 1273, 1968).
19.12.020 TRANSMITTED TO DEPARTMENTS - REPORTS. The Planning
Commission shall transmit copies of such tentative map to the City Engineer and
may transmit copies thereof to other departments as it deems advisable. Upon
receipt of a copy of such tentative map, each department to whom or to which the
same has been transmitted shall examine the map to ascertain if same conforms
to the requirements coming within the authoritative scope of such department,
and within ten (10) days after receipt thereof, each department shall make a
written report to the Planning Commission. If the map conforms to the
requirements coming within its authorized scope, such department shall so state
within its report to the Planning Commission. If the map does not conform to
such requirements or any of them, such department shall so state in the report,
noting therein the particulars in which the map does not conform. (1949 Code
§ 9252.12 added by Ord. 650; October 8, 1951).
Page 7.
TENTATIVE MAP
Chapter 19.12
19.12.030 SIZE AND SCALE. Tentative maps shall be 18 by 26 inches
in size and a scale of 1 inch equals 100 feet, unless otherwise approved by the
Planning Commission, and shall be clearly and legibly reproduced. (1949 Code
§ 9252.21 added by Ord. 650; October 8, 1951).
19.12.040 SUBDIVISIONS CONTAINING LESS THAN FIVE LOTS.
A. FILING OF MAP. Where proposed subdivisions contain four or less lots,
all of which abut upon a dedicated and accepted City street, the subdivider
shall file twenty copies of a surveyor's map of the subdivision showing the
dimensions of the proposed lots, the payment to be established by Resolution of
the City Council, and any other information deemed necessary with the Planning
Commission at least twenty-seven days prior to the meeting thereof at which
consideration is desired. Copies of maps of the proposed subdivision of four
or less lots shall be considered as the final map by the Planning Commission.
B. PUBLIC HEARING. Within 50 days following the filing of the map, a public
hearing shall be held by the Planning Commission.
C. REQUIRED NOTICE. Notice of such hearing shall be mailed not less than ten
(10) days before the hearing date, postage prepaid, using addresses from the last
equalized assessment roll or, alternatively, from such other records as contain
more recent addresses, to owners of property within a radius of three hundred
(300) feet of the exterior boundaries of the subject property. It shall be the
responsibility of the subdivider to obtain and provide to the City the names and
addresses of owners as required by this section.
In addition to the mailed notice, such hearings shall be posted in not less than
two conspicuous places on or close to the property at least ten (10) days prior
to the hearing. (Ord. 1705 § 9, 1977: Ord. 1695 § 5; 1976).
D. APPROVAL. If the Planning Commission shall determine that the map is in
conformity with the requirements of this title, all ordinances of the City, all
applicable general or specific plans and if it is satisfied with the plan of
subdivision, it shall approve the map and signify its action on the face thereof
by appropriate stamp and the signature of the Commission Secretary.
E. RECORDING. If the Planning Commission approves the subdivision, the City
shall obtain the recordation of the map and shall return the recorded map to the
subdivider.
Page 8.
TENTATIVE MAP
Chapter 19.12
F. EXTENSION OF TIME. The time limits for acting on the subdivision map
as provided for in paragraph B hereof may be extended upon mutual consent of
the subdivider and the Planning Commission. Such time limit extension shall be
for a period not to exceed ninety days. In the event that the map is not acted
upon within the ninety day period, the map shall be deemed disapproved.
G. DISAPPROVAL. If the Planning Commission shall determine either that
the map is not in conformity with the requirements of this title and all
ordinances of the City, or that it is not satisfied with the plan of subdivision,
it shall disapprove the map specifying its reason or reasons therefor, and the
Secretary of the Planning Commission shall in writing advise the subdivider of
such disapproval and of the reason or reasons for such disapproval. Within
thirty days after the Planning Commission has disapproved any map, the subdivider
may file with the Planning Commission a revised map for the consideration of the
Commission.
H. EXCEPTIONS. The Planning Commission may authorize exceptions to any
requirements and regulations set forth in this Title. Application for any such
exception shall be made at the time of the filing of the map by a certified
petition of the subdivider stating fully the grounds for the exception and the
facts relied upon by the petitioner. In order for the property referred to in
the petition to come within the provisions of this subsection, it shall be
necessary that the Planning Commission shall find the following facts with
respect thereto:
1. That there are special circumstances or conditions affecting the
property.
2. That the exception is necessary for the preservation and enjoyment
of a substantial property right of the petitioner.
3. That the granting of the exception will not be detrimental to the
public welfare or injurious to other property in the vicinity in
which the property is located.
In authorizing such exceptions, the Planning Commission shall secure
substantially the objectives of the regulation to which the exceptions are
granted, as to light, air and the public health, safety, convenience and general
welfare.
I. ACTION BY COMMISSION FINAL. The action of the Planning Commission in
approving or disapproving the map shall become final in 21 days in the absence
of any appeal, or in the absence of review by the City Council, except as
provided in Subsection G. No map shall have any force or effect until the same
has been approved by the Planning Commission and recorded.
Page 9.
TENTATIVE MAP
Chapter 19.12
J. APPEAL. The following procedure will apply for an appeal:
1. In case the applicant or any other person is not satisfied with the
action of the Planning Commission, he may appeal in writing to the City Council
by filing a notice of appeal with the City Clerk within 21 days following said
action. Said notice of appeal shall be accompanied by a fee as established by
Resolution of the City Council.
2. The City Clerk shall set a date for public hearing and give notice
in the same manner prescribed in paragraph C hereof. The City Clerk
shall notify the appealing party of the date set for the appeal and
shall also notify the• Planning Commission if the appeal is from a
decision of the Planning Commission. Upon receiving notice of appeal
to the City Council, the Community Development Director shall submit
a written report of the Planning Commission proceedings to the City
Council, together with all maps, letters, exhibits, and other
documentary evidence considered by the Planning Commission in
reaching a decision.
3. The City Council shall render its decision within sixty (60) days
after the filing of such appeal.
K. RIGHT OF REVIEW BY CITY COUNCIL. The City Council, on its own motion,
adopted by four affirmative votes, may elect to review any decision of the
Planning Commission approving a subdivision. The City Council's right of review
may be exercised at any time prior to the expiration of 21 days from the date
on which the Planning Commission renders its decision. In any proceeding in
which the City Council exercises its right of review, the City Clerk shall set
a date for public hearing and give notice in the same manner prescribed in
paragraph C hereof. The City Clerk shall also give notice of the time and date
set for the hearing to the applicant and the Planning Commission. Upon receiving
notice of the City Council review proceeding, the Community Development Director
shall submit a written report of the Planning Commission proceedings together
with all maps, letters, exhibits, and other documentary evidence considered by
the Planning Commission in reaching a decision.
L. NONSPECIFIED PROVISIONS. All of the provisions of Title 20 not
specifically covered by this Section, and not otherwise inconsistent herewith,
shall apply to all subdivisions of less than five lots. (Ord. 1737 § 2, 1977;
Ord. 1633 § 1, 1975; Ord. 1517 § 2, 1973; Ord. 1012 and Ord. 1273, 1968; Ord.
650, 1951; prior 1949 Code § 9252.22.
Page 10.
TENTATIVE MAP
Chapter 19.12
19.12.050 CONTENTS. The tentative map of a subdivision containing
five or more lots shall contain the following information:
(a) The subdivision name or number, date, north point, scale and
sufficient description to define the location and boundaries of the
proposed subdivision.
(b) Name and address of record owner or owners of the subdivision.
(c) Name and address of the subdivider.
(d) Name, business address and number of the registered engineer or
licensed surveyor, who prepared the map of the subdivision, if any.
(e) Sufficient elevations or contours to determine the general slope of
the land and the high and low points thereof.
(f) The locations, names, widths and approximate grades of all roads,
streets, highways and ways in the proposed subdivision and along
the boundaries thereof.
(g) The location and character of all existing or proposed public utility
facilities in the subdivision or on adjoining and contiguous
highways, streets and ways.
(h) The approximate widths, location and purpose of all existing or
proposed easements.
(i) Approximate lot lay -out and approximate dimensions of each lot and
each to be numbered.
(j) The outline of any existing buildings to remain in place and their
locations in relation to existing or proposed street and lot lines.
(k) Approximate location of all trees standing within the boundaries of
proposed public rights of way.
(1) Approximate location of all areas subject to inundation or storm
water overflow and the location, width and direction of flow of all
water courses. (Ord. 650, October 8, 1951; 1949 Code § 9252.23).
Page 11.
TENTATIVE MAP
Chapter 19.12
19.12.060 ACCOMPANYING WRITTEN STATEMENT. The subdivider's
statement to accompany the tentative map shall be in written form and shall
contain the following information:
(a) Existing use or uses of the property.
(b) If property is proposed to be used for more than one purpose, the
area, lots or lot proposed for each type of use shall be shown on
the tentative map.
(c) Statement of the improvements and public utilities proposed to be
made or installed and of the time at which such improvements are
proposed to be completed.
(d) Provision for sewerage and sewage disposal.
(e) Public areas proposed, if any.
(f) Tree planting proposed, if any.
(g) Justification and reasons for any exceptions to provisions of this
Title.
A copy of any restrictive covenants proposed shall be attached to the owner's
statement. (Ord. 650, October 8, 1951; 1949 Code § 9252.24 and § 9252.25).
19.12.070 DETERMINATION AND REPORT BY COMMISSION.
A. PUBLIC HEARING. The Planning Commission shall determine whether the
tentative map is in conformity with the provisions of law and of this title,
and within 50 days following the filing thereof, shall hold public hearings and
shall transmit the map and make a report to the City Council recommending the
approval, conditional approval or disapproval of the same and its reasons
therefor and shall transmit a copy of the report and a copy of the map to the
City Engineer. No approval shall be given to any map which is inconsistent with
any applicable general or specific plans.
B. REQUIRED NOTICE. Notice of such hearing shall be mailed not less than ten
(10) days before the hearing date, postage prepaid, using addresses from the last
equalized assessment roll or, alternatively, from such other records as contain
more recent addresses, to owners of property within a radius of three hundred
(300) feet of the exterior boundaries of the subject property. It shall be the
responsibility of the subdivider to obtain and provide to the City the names and
addresses of owners as required by this Section.
Page 12.
TENTATIVE MAP
Chapter 19.12
In addition to the mailed notice,such hearings shall be posted in not less than
two conspicuous places on or close to the property at least ten (10) days prior
to the hearing. (Ord. 1705 § 10, 1977; Ord. 1695 § 6, 1976).
C. EXTENSION OF TIME. The time limits for acting on the subdivision map
as provided for in paragraph A hereof may be extended upon mutual consent of
the subdivider and the Planning Commission. Such time limit extension shall be
for a period not to exceed ninety days. In the event that the map is not acted
upon within the ninety -day period, the map shall be deeded disapproved.
D. ACTION BY CITY COUNCIL. Upon receipt of the Planning Commission's report
the City Council shall set the matter for public hearing. The City Clerk shall
give notice in the same manner prescribed in paragraph B hereof. The City
Council shall consider the tentative map and the report of the Planning
Commission and shall approve, conditionally approve or disapprove the same. The
City Council's action shall be reported to the subdivider and to the Planning
Commission. (Ord. 1517 § 3, 1973; Ord. 891, July 27, 1959; Ord. 650, October
8, 1951; 1949 Code § 9252.31).
19.12.080 DEDICATION OF PUBLIC AREAS - RECOMMENDATIONS. T h e
Planning Commission may recommend the subdivider be required to set aside or
may suggest to the subdivider the advisability of dedicating or setting aside
suitable areas for parks, playgrounds and schools, and other public building
sites that will be required for the use of the population which is intended to
occupy the subdivision under the plan of proposed property uses therein. In all
cases, the Planning Commission shall suggest to the subdivider such measures as
will make for excellence of residential, commercial or industrial development.
(Ord. 891, July 27, 1959; Ord. 650, October 8, 1951; 1949 Code § 9252.32).
19.12.090 GROUNDS FOR REFUSAL. The City Council may refuse to
approve a tentative map when the only practical use which can be made of the
property proposed to be subdivided is a use prohibited by ordinance or law or
if the property is deemed unhealthful or unfit for human habitation or occupancy
by the Health Department. (Ord. 891, July 27, 1959; Ord. 650, October 8, 1951;
1949 Code § 9252.34).
Page 12 - 1.
VESTING TENTATIVE MAPS FOR
RESIDENTIAL SUBDIVISIONS
Chapter 19.14
V E S T I N G T E N T A T I V E M A P S
Chapter 19.14
VESTING TENTATIVE MAPS
FOR
RESIDENTIAL SUBDIVISIONS
Sections:
19.14.010
Citation Authority.
19.14.011
Purpose and Intent.
19.14.012
Consistency.
19.14.013
Definitions.
19.14.014
Application.
19.14.020
Filing and Processing.
19.14.021
Fees.
19.14.022
Expiration.
19.14.030
Vesting on Approval of Vesting Tentative Map.
19.14.031
Development Inconsistent with Zoning.
19.14.032
Applications Inconsistent with Current Policies.
19.14.010 CITATION AUTHORITY. This Ordinance is enacted pursuant to the
authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division
2 of Title 7 of the Government Code of the State of California (hereinafter
referred to as the Vesting Tentative Map Statute) , and may be cited as the
Vesting Tentative Map Ordinance.
19.14.011 PURPOSE AND INTENT. It is the purpose of this Ordinance to
establish procedures necessary for the implementation of the Vesting Tentative
Map Statute, and to supplement the provisions of the Subdivision Map Act and the
Subdivision Ordinance, the provisions of the Subdivision Ordinance shall apply
to the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in this Ordinance are
determined to be necessary for the preservation of the public health, safety and
general welfare, and for the promotion of orderly growth and development.
19.014.012 CONSISTENCY. No land shall be subdivided and developed
pursuant to a vesting tentative map for any purpose which is inconsistent with
the General Plan and any applicable specific plan or not permitted by the Zoning
Ordinance or other applicable provisions of the Municipal Code.
19.014.013 DEFINITIONS.
(a) The term "vesting tentative map" shall mean a tentative map filed
pursuant to Chapter 4.5 of the Subdivision Map Act, provided the words "vesting
Page 12 - 2.
VESTING TENTATIVE MAPS FOR
RESIDENTIAL SUBDIVISIONS
Chapter 19.14
tentative map are conspicuously displayed on the face of the map, and the map
otherwise complies with the provisions of State law and the ordinances of the
City of Newport Beach.
(b) All other definitions are forth in the Newport Beach Subdivision
Ordinance are applicable. (Ord. 88-22, August 20, 1988)
19.14.014 APPLICATION.
(a) Whenever a provision of the Subdivision Map Act, as implemented and
supplemented by the provisions of Title 19 of the Newport Beach Municipal Code,
requires that at tentative map or parcel map be filed, a vesting tentative map
or vesting parcel map may be filed instead.
(b) If a subdivider does not seek the rights conferred by the Vesting
Tentative Map Statute, the filing of a vesting tentative map shall not be a
prerequisite to any approval for any proposed subdivision, permit for
construction, or work preparatory to construction. (Ord. 88-22, August 10, 1988)
19.14.020 FILING AND PROCESSING. A vesting tentative map shall be filed
in the same form and have the same contents, accompanying data and reports and
shall be processed in the same manner as set forth in the Newport Beach
Subdivision Ordinance for a tentative map except as hereinafter provided.
(a) At the time a vesting tentative map is filed it shall have printed
conspicuously on its face the words "Vesting Tentative Map."
(b) At the time a vesting tentative map is filed a subdivider shall also
supply the following information:
(1) Site plans showing the size and location of all proposed
buildings, driveways, parking, landscaping and walls, and other pertinent
information in sufficient detail to determine the height and square footage of
each structure and its conformance with existing regulations or changes in
regulations which have been requested by the subdivider.
(2) Information on the uses to which each structure will be
put.
(3) Plans, specifications and reports for all public
facilities, including but not limited to fire access, on -and off -site sewer,
water, drainage, roads and other public improvements, meeting the approval of
the Public Works Department.
(4) Detailed grading plans showing all existing and proposed
contours and elevations, meeting the approval of the Grading Engineer.
(5) Any additional plans, reports or studies required by the
Page 12 - 3.
VESTING TENTATIVE MAPS FOR
RESIDENTIAL SUBDIVISIONS
Chapter 19.14
City which are in the opinion of the Planning Director necessary to process the
subdivision of land and development thereon.
19.14.021 FEES. Upon filing a vesting tentative map, the subdivider
shall pay the fees required by the Municipal Code for the filing and processing
of a vesting tentative map, as established by Resolution of the City Council.
19.12.022 EXPIRATION. The approval or conditional approval of a vesting
tentative map shall expire at the end of the same time period, and shall be
subject to the same extensions, established by the Subdivision Ordinance for the
expiration of the approval or conditional approval of a tentative map.
19.14.030 VESTING ON APPROVAL OF VESTING TENTATIVE MAP.
(a) 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 Government Code Section
66474.2.
However, if Section 66474.2 of the Government Code is repealed, the
approval or conditional approval of a Vesting Tentative Map shall confer a vested
right to proceed with development in substantial compliance with the ordinances,
policies, and standards in effect at the time the vesting tentative map is
approved or conditionally approved.
(b) Notwithstanding subdivision (a), a permit, approval, extension, or
entitlement may be made conditional or denied if any of the following are
determined:
(1) A failure to do so would place the residents of a
subdivision or the immediate community, or both, in a condition dangerous to
their health and safety, or both.
(2) The condition or denial is required, in order to comply
with state or federal law.
(c) The rights referred to herein shall expire if a final map is not
approved prior to the expiration of the vesting tentative map as provided in
Section 19.14.022. If the final map is approved, these rights shall last for
the following periods of time:
(1) An initial time period of one year.
Where several final maps are recorded on various phases of a
project covered by a single vesting tentative map, this initial time period shall
begin for each phase when the final map for that phase is recorded.
(2) The initial time period set forth in (c)(1) shall be
Page 12 - 4.
VESTING TENTATIVE MAPS FOR
RESIDENTIAL SUBDIVISIONS
Chapter 19.14
automatically extended by any time used for processing a complete application
for a grading permit or for design or architectural review, if such processing
exceeds 30 days, from the date a complete application is filed and provided that
the complete application is filed at least 30 days prior to expiration of the
initial time period.
(3) A subdivider may apply for a one-year extension at any
time before the initial time period set forth in (c)(1) expires. An extension
may be granted by the City Council upon recommendation by the Planning
Commission.
(4) If the subdivider submits a complete application for a
building permit during the periods of time specified in subdivision (1) - (3),
the rights referred to herein shall continue until the expiration of that permit,
or any extension of that permit.
19.14.031 DEVELOPMENT INCONSISTENT WITH ZONING. Whenever a subdivider
files a vesting tentative map for a subdivision whose intended development is
inconsistent with the zoning regulations in existence at that time, that
inconsistency shall be noted on the map. The City may deny such vesting
tentative map or approve it conditioned on the subdivider, or his or her
authorized agent, obtaining the necessary changes in zoning regulations to
eliminate the inconsistency. If the inconsistency is removed, the approved or
conditionally -approved vesting tentative map shall confer the vested right to
proceed with the development in substantial compliance with the change and the
map as approved.
19.14.032 APPLICATIONS INCONSISTENT WITH CURRENT POLICIES.
Notwithstanding any provision of this Ordinance, a property owner or his or her
designee may seek approvals or permits for development which depart from the
ordinances, policies, and standards described in Sections 19.14.030(a) and
19.14.031, and the City may grant these approvals or issue these permits to the
extent that the departures are authorized under applicable law.
(Ord. 86-1 4,1986)2
F I N A L M A P
Chapter 19.16
FINAL MAP
Sections:
Page 13
FINAL MAP
Chapter 19.16
19.16.010
Preparation and Filing.
19.16.020
Additional Information.
19.16.030
Form and Materials.
19.16.040
Reversion to Acreage.
19.16.050
Utilization of Established Coordinates.
19.16.060
Dimensions and Bearings.
19.16.070
Street or Alley Centerline.
19.16.080
Indication of Monuments.
19.16.090
General Data Requirements.
19.16.100
Required Certificates.
19.16.110
Certificate of Freedom from Liens.
19.16.120
Bond.
19.16.130
Approval by City Engineer.
19.16.140
Approval of Planning Commission.
19.16.150
Approval by City Council.
19.16.160
Agreement for Improvements.
19.16.170
Performance Security.
19.16.180
Forfeiture of Security.
19.16.190
Security Exceptions or Release.
19.16.200
Deed Restrictions.
19.16.010 PREPARATION AND FILING. Except as provided in
Section 19.16.040, and within three (3) years after approval or conditional
approval of the tentative map, the subdivider shall cause the subdivision or any
part thereof to be surveyed and a final map thereof prepared in conformance with
the tentative map as approved or conditionally approved. Twenty copies of the
final map shall be filed with the Planning Commission at least twenty-seven (27)
days prior to the meeting thereof at which consideration is desired. One (1)
extension of time not to exceed two (2) years, may be granted by the City Council
upon recommendation by the Planning Commission, providing written application
is made by the subdivider within three (3) years after action on the tentative
map. (Ord. 82-12, July 14, 1982; Ord. 1517 § 4, 1973; Ord. 1012, September 11,
1962; Ord. 650, October 8, 1951; 1949 Code § 9253.11).
19.16.020 ADDITIONAL INFORMATION. At the time of the filing
of the final map with the Planning Commission, the subdivider shall also file
therewith the following:
Page 14
FINAL MAP
Chapter 19.16
(a) In the event any dedication is to be made for the public use, a
preliminary title report issued by a Title Insurance Company, in
the name of the owner of the land, issued to or for the benefit and
protection of the City of Newport Beach, showing all parties whose
consent is necessary of their interests therein, except where the
land embraced in such subdivision is registered under the Land
Registration Act (Torrens Act). If the land is so registered, a
certified copy of the certificate of title shall be furnished.
(b) The instrument prohibiting traffic over the side lines of a major
highway, parkway, street or freeway, when and if the same is required
under Section 19.20.060.
(c) Sheets and drawings showing traverse closeups and the computation
of all distances, angles and courses shown on the final map, ties
to existing and proposed monuments, and adjacent subdivisions.
(Ord. 650, October 8, 1951; 1949 Code § 9253.12).
19.16.030 FORM AND MATERIALS. The final subdivision map shall
be clearly and legibly drawn upon tracing cloth of good quality. All lines,
letters, figures, certifications, acknowledgements and signatures shall be made
in black india ink. Typewriting or rubber stamps shall not be used. The map
shall be so made and shall be in such condition when filed that good legible blue
prints and negatives can be made therefrom. The size of the sheets of tracing
cloth shall be 18 x 26 inches leaving a margin of 2 inches at the left edge and
1 inch at the other three edges of the sheets. The scale of the final map shall
be 1 inch equals 100 feet.
When the final map consists of more than two sheets, a key map showing the
relation of the sheets shall be placed on sheet one. Every sheet comprising
the map shall bear the scale, north point, legend, sheet number, and number of
sheets comprising the map. (Ord. 650, October 8, 1951; 1949 Code § 9253.21 and
9253.22).
19.16.040 REVERSION TO ACREAGE. Maps filed for the purpose of
reverting subdivided land to acreage shall be conspicuously so designated with
the title "The Purpose of this Map is a REVERSION TO ACREAGE." (Ord. 650,
October 8, 1951; 1949 Code § 9253.23).
Page 15
FINAL MAP
Chapter 19.16
19.16.050 UTILIZATION OF ESTABLISHED COORDINATES. Wherever the
City Engineer has established a system of coordinates, then the survey shall be
tied into such system. The map shall show clearly what stakes, monuments or
other evidences were found on the ground to determine the boundaries of the
subdivision. The adjoining corners of all adjoining subdivisions shall be
identified by lot, subdivision name and place or record, or other proper
designation. (Ord. 650, October 8, 1951; 1949 Code § 9253.24).
19.16.060 DIMENSIONS AND BEARINGS. Sufficient data must be
shown to determine readily the bearing and length of every lot line, block line
and boundary line. Dimensions of lots shall be given as total dimensions, corner
to corner, in addition to point to point dimensions, and shall be shown in feet
and hundredths of a foot. No ditto marks shall be used. Lots containing one
acre or more shall show total acreage to nearest hundredth. Bearings and length
of straight lines, and radii and are length for all curves as may be necessary
to determine the location of the centers of curves and tangent points shall be
shown. No lot shall be dimensioned to contain any part of an existing or
proposed public right of way. (Ord. 650, October 8, 1951; 1949 Code § 9253.25).
19.16.070 STREET OR ALLEY CENTERLINE. Whenever the City Engineer
or other agency has established the center line of a street or alley, adjacent
to or in the proposed subdivision, the data shall be shown on the final map
indicating all monuments found and making reference to a field book or map. If
the points are reset by ties, the source and detail of relocation data used by
the City Engineer shall be stated. (Ord. 650, October 8, 1951; 1949 Code §
9253.26).
19.16.080 INDICATION OF MONUMENTS. The map shall show the
location and description of all monuments found in making the survey of the
subdivision. (Ord. 650, October 8, 1951; 1949 Code § 9253.27).
19.16.090 GENERAL DATA REQUIREMENTS. In addition, the final map
shall be prepared in full compliance with the following requirements:
(a) The final map shall show the line of high water in case the
subdivision is adjacent to a stream channel or any body of water
and shall show the line of mean high tide when adjacent to the
Pacific Ocean, and shall also show any area subject to periodic
inundation by water.
(b) The boundary of the subdivision shall be designated by a blue border
applied to the reverse side of the tracing and on the face of the
blue line prints. Such border shall not interfere with the
legibility of figures or other data.
Page 16
FINAL MAP
Chapter 19.16
(c) Street and other rights -of -way: The maps shall show the center and
side lines of all streets, the total width of all streets, the width
of the portion being dedicated and the width of existing dedications,
and the widths each side of the center line, also the width of
railroad rights -of -way appearing on the map.
(d) The map shall show the side lines of all easements to which the lots
are subject. The easements must be clearly labeled and identified
and if already of record, the recorded reference given. If any
easement is not definitely located of record, a statement of such
easement must appear on the title sheets. Easements for storm drain,
sewers and other purposes shall be denoted by fine dotted lines.
Building lines shall be indicated by fine short dash lines. The
width of the easement and the lengths and bearings of the lines
thereof and sufficient ties thereto to definitely locate the easement
with respect to the subdivision must be shown. If the easement is
being dedicated by the map, it shall be properly referenced in the
owner's certificate of dedication.
(a) City boundary lines crossing or bounding the subdivision shall be
clearly designated and referenced.
(f) Lot numbers shall begin with the number one and shall continue
consecutively through the subdivision with no omissions or
duplications.
(g) Each block in its entirety shall be shown on one sheet. Where
adjoining blocks appear on separate sheets, the street adjoining
both blocks shall be shown on both sheets complete with center line
and property line data.
(h)' The map shall also show all other data that is or may be required
by law.
(i) The final map shall particularly define, delineate and designate
all lots intended for sale or reserved for private purposes, all
parcels offered for dedication for any purpose, public or private,
with all dimensions, boundaries and courses clearly shown and defined
in every case. Parcels offered for dedication but not accepted shall
be designated by letter. (Ord. 650, October 8, 1951; 1949 Code §
9253.28).
19.16.100 REQUIRED CERTIFICATES. The following certificates and
acknowledgements and all others now or hereafter required by law shall appear
on the final map, such certificates may be combined where appropriate:
Page 17
FINAL MAP
Chapter 19.16
(a) A certificate signed and acknowledged by all parties having any
record title interest in the land subdivided, consenting to the
preparation and recordation of the map; provided, however, that the
signatures of parties owning the following types of interests may
be omitted if their names and the nature of their interests are set
forth on the map:
1. Rights -of -way, easements or other interests none of which can
ripen into a fee.
2. Rights -of -way, easements or reversions, which by reason of
changed conditions, long disuse or laches appear to be no
longer of practical use or value and which signature it is
impossible or impractical to obtain. In this case, a
reasonable statement of the circumstances preventing the
procurement of the signatures shall be set forth on the map.
3. Any subdivision map including land originally patented by the
United States or the State of California, under patent
reserving interest to either or both of these entities, may
be recorded under the provisions of this title without the
consent of the United States or the State of California
thereto, or to dedications made thereon.
(b) A certificate signed and acknowledged as above offering for
dedication all parcels of land shown on the final map and intended
for any public use, except those parcels other than streets which
are intended for the exclusive use of the lot owners in the
subdivision, their licensees, visitors, tenants and servants.
(c) A certificate signed by the civil engineer or licensed surveyor
responsible for the survey and final map. The signature of such
Civil Engineer or surveyor unless accompanied by his seal must be
attested.
(d) A certificate for execution by the City Engineer.
(a) A certificate for execution by the City Planning Commission.
(f) A certificate for execution by the City Clerk.
(g) A certificate for execution by the County Recorder. (Ord. 650,
October 8, 1951; 1949 Code § 9253.31).
Page 18
FINAL MAP
Chapter 19.16
19.16.110 CERTIFICATE OF FREEDOM FROM LIENS. Prior to the
filing of the final map with the governing body, the subdivider shall file with
the clerk of the Board of Supervisors of the county, in which any part of the
subdivision is located, a certificate from the official computing redemptions
in any County or any municipal corporation in which any part of the subdivision
is located, showing that, according to the records of his office, there are no
liens against the subdivision or any ,part thereof for unpaid State, County,
municipal or local taxes or special assessments collected as taxes, except taxes
or special assessments not yet payable.
As to taxes or special assessments collected as taxes not yet payable, the
subdivider shall file with the clerk of the Board of Supervisors mentioned, a
certificate by each proper officer giving his estimate of the amount of taxes
and assessments which are a lien but which are not yet payable. (Ord. 650,
October 8, 1951; 1949 Code § 9253.32).
19.16.120 BOND. Whenever any part of the subdivision is
subject to a lien for taxes or special assessment collected as taxes which are
not yet payable, the final map shall not be recorded until the owner or
subdivider executes and files with the Board of Supervisors of the County wherein
any part of the subdivision is located, a good and sufficient bond to be approved
by the Board and by its terms made to inure to the benefit of the county and
conditioned upon the payment of all State, County, municipal and local taxes and
all special assessments collected as taxes, which at the time the final map is
recorded are a lien against the property, but which are not yet payable. In lieu
of a bond, a deposit may be made of money or negotiable bonds in the same amount,
and of the kind approved for securing deposits of public money. (Ord, 650,
October 8, 1951; 1949 Code § 9253.33).
19.16.130 APPROVAL BY CITY ENGINEER. Upon receipt of the final
map and other data submitted therewith, the map and data shall be referred to
the City Engineer who shall examine such to determine that the subdivision as
shown is substantially the same as it appeared on the tentative map, and any
approved alterations thereof, that all provisions of the law and of this title
applicable at the time of approval of the tentative map have been complied with,
and that he is satisfied that the map is technically correct. If the City
Engineer shall determine that full conformity therewith has not been made he
shall advise the subdivider of the changes or additions that must be made for
such purposes and shall afford the subdivider an opportunity to make such changes
or additions. If the City Engineer shall determine that full conformity
therewith has been made he shall so certify on the map and shall transmit the
map to the Planning Commission. In the event a subdivision is partly in the City
and partly in the County, the County Surveyor and the City Engineer shall enter
into an agreement by and with the consent of their respective governing bodies,
providing that the County Surveyor shall perform the duties prescribed for the
City Engineer in the Section 19.16.140 or providing for such an apportionment
between them of the duties. The County Surveyor, when by such agreement all such
Page 19
FINAL MAP
Chapter 19.16
duties devolve upon him, may after his performance thereof make the aforesaid
certification upon the map and, when by such agreement the duties are apportioned
between the County Surveyor and the City Engineer, it shall be sufficient if each
shall after the performance thereof make a certification on the map, touching
the duties performed by each. (Ord. 650, October 8, 1951; 1949 Code § 9253.41).
19.16.140 APPROVAL OF PLANNING COMMISSION. Upon receipt of the
final map, the Planning Commission shall examine the same to determine whether
the map conforms with the tentative map and with all changes permitted and all
requirements imposed as a condition to its acceptance, and if the Planning
Commission shall thereupon determine that the map is in conformity therewith and
determines to recommend the map, it shall certify its approval thereon, and shall
transmit the map to the City Clerk, together with any documents which may have
been filed therewith for presentation to the City Council. If the Planning
Commission shall determine not to recommend the map, it shall advise the
subdivider of the changes or additions that must be made for such purpose and
shall accord him an opportunity to make same. (Ord. 650, October 8,1951; 1949
Code § 9253.42).
19.16.150 APPROVAL BY CITY COUNCIL. At its first regular meeting
following the filing of the map with the City Clerk as aforesaid, or within
twenty days following the filing thereof, the City Council shall consider the
map, the plan of subdivision and the offers of dedication. The City Council
may reject any or all offers of dedication. If the City Council shall determine
that the map is in conformity with the requirements of this title and that it
is satisfied with the plan of subdivision, it shall approve the map. When the
subdivider shall have filed with the City Clerk the agreement and provided the
security described in Section 19.16.170, and when such agreement and security
shall have been approved by the City Attorney as to form and by the City Manager
as to sufficiency, the City Clerk shall transmit the map to the Clerk of the
County Board of Supervisors. When all bonds, money or negotiable bonds required
under the provisions of this Chapter to secure the payment of taxes and
assessments which are a lien on some part of the subdivision but which are not
yet payable, have been deposited with and approved by the Board of Supervisors,
the Clerk of the Board shall transmit the final map to the County Recorder.
I£ the City Council shall determine either that the map is not in conformity
with the requirements of this title or that it is not satisfied with the plan
of subdivision, it shall disapprove the map specifying its reason or reasons
therefor and the City Clerk shall in writing advise the subdivider of such
disapproval and of the reason or reasons for such disapproval. Within thirty
days after the City Council has disapproved any map, the subdivider may file with
the Planning Commission a map altered to meet the approval of the City Council.
In such case, the subdivider shall conform to all the requirements imposed upon
him by this title when filing the first final map with the Planning Commission
and the same proceedings shall be had thereon as are prescribed by this title
upon the filing of the first map with the Planning Commission. No map shall have
any force or effect until the same has been approved by the City Council and no
Page 20
FINAL MAP
Chapter 19.16
title to any property described in any offer of dedication shall pass until the
recordation of the final map. (Ord. 862, November 24, 1958; Ord. 650, October
8, 1951; 1949 Code § 9253.43).
19.16.160 AGREEMENT FOR IMPROVEMENTS. Upon the approval by the
City Council of the final map, the subdivider shall execute and file an agreement
between himself and the City specifying the period within which he shall complete
all improvement work to the satisfaction of the City Engineer, and providing that
if he shall fail to complete such work within such period the City may complete
the same and recover the full cost and expense thereof from the subdivider. The
agreement shall also provide for inspection of all improvements by the City
Engineer, and reimbursement of the City by the subdivider for the cost of such
inspection. Such agreement may also provide (a) for the construction of the
improvements in units, (b) for an extension of time under conditions therein
specified, (c) for the termination of the agreement upon the completion of
proceedings under an assessment district act for construction of improvements
deemed by the City Engineer to be at least the equivalent of the improvements
specified in the agreement and required to be constructed by the subdivider, and
(d) for progress payments to the subdivider, or his order, from any deposit of
money which the subdivider may have made as security, as provided by Section
19.16.170; provided, however, that no such progress payment shall be made for
more than ninety percent (90%) of the value of any installment of work, and
provided that each such installment of work shall be completed to the
satisfaction of the City Engineer. (Ord. 862, November 24, 1958; Ord. 650,
October 8, 1951; 1949 Code § 9253.51).
19.16.170 PERFORMANCE SECURITY. The subdivider shall also present
with the agreement, required by Section 19.16.160 to assure his full and faithful
performance thereof, (a) security in an amount deemed sufficient by the City
Council, not less than 50 percent nor more than 100 percent of the total
estimated cost of said improvements and their inspection, conditioned upon the
faithful performance of the agreement or contract, and (b) an additional amount
determined by the City Council, not less than 50 percent nor more than 100
percent of the total estimated cost of the improvement, securing payment to the
contractor, his subcontractor, and to persons renting equipment or furnishing
labor or materials to them for the improvement. The security may be in any one
of the following forms:
(a) A surety bond executed by a surety company authorized to
transact a surety business in the State of California which
must be satisfactory to and approved by the City Attorney as
to form and the City Manager as to sufficiency.
(b) Cash money deposited with the Director of Finance.
(c) With the approval of the City Council, negotiable bonds of
the kind approved for securing deposits of public money
Page 21
FINAL MAP
Chapter 19.16
deposited with the Director of Finance.
(d) With the approval of the City Council, an irrevocable letter
of credit of a banking institution whereby the City of Newport
Beach is authorized to draw on the bank, at sight, for the
account of the subdivider, up to an aggregate amount which
shall not be less than the security fixed by the City Engineer,
to cover the cost of the improvements and their inspection,
at one time or from time to time, until all obligations of the
subdivider under the contract and any amendment or extension
thereof have been fully performed. (Ord. 1094, August 10,
1964; Ord. 650, October 8, 1951; 1949 Code § 9253.52).
19.16.180 FORFEITURE OF SECURITY. In the event the subdivider
shall fail to complete all improvement work in accordance with the provisions
of the agreement therefor and this Title, or if the subdivider shall fail to
reimburse the City for the cost of inspection, the City shall call on the surety
or draw on the bank which provided the letter of credit or appropriate from the
cash deposit or the negotiable bonds to pay for the completion of the improvement
work and the cost of inspection. In any such case, if the amount of security
exceeds the cost of completing the improvement work and the cost of inspection,
the City shall release the remainder of the security and, if the amount of the
security shall be less than the cost incurred by the City, the subdivider shall
be liable to the City for the difference. (Ord. 862, November 24, 1958; Ord.
650, October 8, 1951; 1949 § 9253.53).
19.16.190 SECURITY EXCEPTIONS OR RELEASE. No extension of time,
progress payments from cash deposits, or releases of security shall be made
except upon certification by the City Engineer that work covered thereby has
been satisfactorily completed, and upon recommendation of the City Manager and
approval by the City Council. (Ord. 862, November 24, 1958; Ord. 650, October
8, 1951; 1949 Code § 9253.54).
19.16.200 DEED RESTRICTIONS. A copy of the Deed Restrictions
applicable to the subdivision shall be filed with the Planning Commission at
the time of filing final map, (Ord. 650, October 8, 1951; 1949 Code § 9254.71).
DES I G N STANDARDS
Chapter 19.20
DESIGN STANDARDS
Sections:
Page 22
DESIGN STANDARDS
Chapter 19.20
19.20.010
Conformance of Streets and Highways to Master Plan.
19.20.020
Conformance to Proceedings.
19.20.030
Streets and Highways General Conditions.
19.20.040
Street and Highway Widths.
19.20.050
Service Roads and Off -Street Parking.
19.20.060
Restricted Access - Planting Strips.
19.20.070
Alleys.
19.20.080
Street Names.
19.20.090
Acre or Large Lot Subdivisions.
19.20.100
Easements.
19.20.110
Lots.
19.20.120
Walkways.
19.20.130
Water Courses.
19.20.140
Master Plan Standard.
19.20.150
Land Subject to Inundation.
19.20.010 CONFORMANCE OF STREETS AND HIGHWAYS TO MASTER PLAN.
The street and highway design shall conform both in width and alignment to the
Master Plan of Streets and Highways (and all amendments thereto heretofore or
hereafter adopted), and the regulations and standards established therefor,
approved by the City Council, and right-of-way for any such street or highway
indicated on the Master Plan shall be dedicated. Minimum pavement width between
curbs for any such street or highway shall be as follows:
(a) 64 feet for a secondary street or highway.
(b) 80 feet for a primary street or highway.
(c) 100 feet for a major street or highway. (Ord. 935, August 22, 1960;
Ord. 650, October 8, 1951; 1949 Code § 9254.11).
19.20.020 CONFORMANCE TO PROCEEDINGS. The street and highway
design shall conform to any proceedings affecting the subdivision, which may have
been initiated by the City Council or approved by the Council upon initiation
by other legally constituted bodies of the City, County or State. If a parcel
of land to be subdivided includes a portion of the right-of-way to be acquired
for a public freeway or parkway, and the City Council shall determine the
boundaries of the right-of-way to be acquired, the subdivider shall either
dedicate or withhold from subdivision all the area included in the right-of-way.
Page 23
DESIGN STANDARDS
Chapter 19.20
(Ord. 650, October 8, 1951; 1949 Code § 9254.12).
19.20.030 STREETS AND HIGHWAYS GENERAL CONDITIONS. The following
general conditions shall apply to street and highway design:
(a) All streets shall, as far as practicable, be in alignment with
existing adjacent streets by continuations of the center lines
thereof or by adjustments by curves and shall be in general
conformity with the plans of the Planning Commission for the most
advantageous development of the area in which the subdivision lies.
(b) Streets shall be required to intersect one another at an angle as
near to a right angle as is practicable in each specific case.
(c) Where necessary to give access to or permit a satisfactory future
subdivision of adjoining land, streets shall extend to the boundary
of the property and the resulting dead-end streets may be approved
without a turn -around. In all other cases a turn -around having a
minimum radius of 40 feet shall be required.
(d) Whenever a major street or State Highway intersects any other street
or highway, the property lines at each block corner shall be rounded
with a curve having a radius of not less than 30 feet. All other
street intersections, the property line at each block corner shall
be rounded with a curve having a radius of not less than 20 feet.
In either case, a greater curve radius may be required if streets
intersect other than at right angles.
(e) The center line curve radius on all streets and highways shall
conform to accepted engineering standards of design, and shall be
subject to approval by the City Engineer.
(f) No street or highway shall have a grade of more than seven percent
(7%) unless because of topographical conditions or other exceptional
conditions the City Engineer determines that a grade in excess of
seven percent (78) is necessary.
(g) Reserved strips controlling the access to public ways or which will
not prove taxable for special improvements, will not be approved
unless such strips are necessary for the protection of the public
welfare or of substantial property rights, or both, and in no case
unless the control and disposal of the land comprising such strips
is placed definitely within the jurisdiction of the City under
conditions approved by the Planning Commission. (Ord. 650, October
8, 1951; 1949 Code § 9254.13).
19.20.040 STREET AND HIGHWAY WIDTHS. Street and highways not shown
on any Master Street and Highway Plan or not affected by proceedings initiated
Page 24
DESIGN STANDARDS
Chapter 19.20
by the City Council or approved by the City Council upon initiation by other
legally constituted governmental bodies, shall not be of less width than those
set forth hereunder, except where it can be shown by the subdivider to the
satisfaction of the Planning Commission that the topography or the small number
of lots served and the probable future traffic development are such as to
unquestionably justify a narrower width or a special type of development
satisfactory to the Planning Commission. Increased widths may be required where
streets are serve commercial property or where probable traffic conditions
warrant such. Approval or determination of street or highway classification
shall be made by the Planning Commission.
(a) MAJOR STREETS OR HIGHWAYS. Minimum right-of-way shall be 120 feet,
minimum pavement width between curbs, 100 feet.
(b) PRIMARY STREETS OR HIGHWAYS. Minimum right-of-way shall be 100
feet; minimum pavement width between curbs, 80 feet.
(c) SECONDARY STREETS OR HIGHWAYS. Minimum right-of-way shall be 84
feet; minimum pavement width between curbs, 64 feet.
(d) LOCAL STREETS. Minimum right-of-way shall be 60 feet; minimum
pavement width between curbs, 40 feet.
(e) CUL-DE-SAC STREETS AND SERVICE ROADS. When not over 350 feet in
length, the minimum right-of-way shall be 60 feet; minimum pavement
width between curbs, 40 feet.
(f) TWO -LEVEL STREETS. Minimum right-of-way, 60 feet -- variable
according to grade, pavement widths, two sections, each 20 feet curb
face to curb face.
(g) PARKWAYS. Parkways between curbs and sidewalks shall be required
and established at a minimum width of 5 feet. Compliance with
policies recommended by the Parks, Beaches and Recreation Department,
and adopted by the City Council, pertaining to parkways, shall be
required. (Ord. 935, August 22, 1960; Ord. 650, October 8, 1951;
1949 Code § 9254.14).
19.20.050 SERVICE ROADS AND OFF-STREET PARKING. When the front of any
lots abuts any major, primary or secondary street or highway, the subdivider
shall be required to dedicate and improve a service road to provide ingress or
egress to and from such lots or, in lieu thereof, if approved by the Planning
Commission, the subdivider may dedicate for public use and improve an area
approved by the Planning Commission and adjacent to such lots for off-street
parking purposes. When the front of any lots proposed for residential usage
abuts any freeway, state highway or parkway, the subdivider shall dedicate and
improve a service road at the front of such lots unless such is already existent
as a part of such freeway or parkway. In addition to any requirement for a
Page 25
DESIGN STANDARDS
Chapter 19.20
service road, the Planning Commission may require adequate off-street parking
areas for all lots proposed for commercial or industrial usage. (Ord. 935,
August 22, 1960; Ord. 650, October 89, 1951; 1949 Code § 9254.15).
19.20.060 RESTRICTED ACCESS - PLANTING STRIPS. When any lots abut any
major, primary or secondary street or highway, the subdivider shall be required
to execute and deliver to the City an instrument, deemed sufficient by the City
Attorney, prohibiting the right of vehicular ingress and egress to such lots
across the side lines of such streets or highways, unless specifically exempted
from such requirement by the Planning Commission, and such exemption is approved
by the City Council. In addition to the foregoing, the subdivider may be
required to execute and deliver an instrument, deemed sufficient by the City
Attorney, prohibiting the right of pedestrian ingress and egress to such lots
across the sidelines of such streets or highways. When the rear of any lots
abuts any freeway, State highway or parkway, the subdivider may be required to
dedicate and improve a planting strip adjacent to such freeway, State highway
or parkway. (Ord. 935, August 22, 1960; Ord. 650, October 8, 1951; 1949 Code
§ 9254.16).
19.20.070 ALLEYS. When any lots are proposed for commercial or
industrial usage, alleys at least 30 feet in width shall be provided at the rear
thereof with adequate ingress and egress for truck traffic. Any alleys provided
in residential areas shall be a minimum of 20 feet in width. (Ord. 891, July
27, 1959; Ord. 650, October 8, 1951; 1949 Code § 9254.17).
19.20.080 STREET NAMES. All street names shall be approved by the
Planning Commission. (Ord. 650�, October 8, 1951; 1949 Code § 9254.18).
19.20.090 ACRE OR LARGE LOT SUBDIVISIONS. Where a parcel is subdivided
into a tract of lots of one acre or more, the Planning Commission may require
that the blocks shall be of such size and shape, and be so divided into lots,
as to provide for the extension and opening of streets and alleys at such
intervals as will permit a subsequent division of any parcel into lots of normal
size. (Ord. 650, October 8, 1951; 1949 Code § 9254.19).
19.20.100 EASEMENTS. The subdivider shall grant easements not less
than 5 feet in width for public utility, sanitary sewer and drainage purposes
on each side of rear lot lines, and in planting strips wherever necessary;
provided, that easements of less width may be allowed when at the determination
of the City Engineer the purposes of easements may be accomplished by easements
of lesser width; and provided, further, that in such determination the City
Engineer shall prescribe the width of such easements. Dedication of easements
shall be to the City for the purpose of installing utilities, planting strips
and for other public purposes as may be ordered or directed by the City Council.
Page 26
DESIGN STANDARDS
Chapter 19.20
Easements for overhead wire lines shall be provided at the rear of all lots,
except where alleys are available. (Ord. 650, October 8, 1951; 1949 Code §
9254.2).
19.20.110 LOTS. A. SIZE AND SHAPE. The size and shape of lots shall
be in conformance to any zoning regulations effective in the area of the proposed
subdivision, and shall be not less than 50 feet average width, nor less than
5,000 square feet in area, nor less than 80 feet in depth; provided, that for
corner lots the average width shall not be less than 60 feet. The Planning
Commission may recommend the granting of exception to this provision where lots
are to be used for commercial or industrial purposes or where there are unusual
topographic conditions, curbed or cul-de-sac streets or other special conditions.
B. SIDE LINE ANGLE. The side lines of all lots, so far as possible, shall
be at right angles to the street which the lot faces, or radial or approximately
radial if the street is curved.
C. FRONT YARD SETBACK LINE. Front yard setback lines may be determined by
the Planning Commission upon the application of the subdivider. In such cases,
the subdivider shall file with the Planning Commission an exact copy of the
subdivision map showing approved setback line suitable for producing district
maps for use in the Zoning Code on or before consideration of the final map by
the Planning Commission.
D. DIVIDED LOTS. No lot shall be divided by a City boundary line.
E. LOT NUMBERS. Lot numbers shall begin with the number "l" and shall
continue consecutively throughout the subdivision with no omissions or
duplications.
F. NOT ABUTTING ON STREET. Lots that do not abut on a street will not be
permitted.
G. ABUTTING. Lots other than corner lots may front on more than one street
where necessitated by topographic or other unusual conditions. The width of each
block shall be sufficient for an ultimate layout of two tiers of lots therein
of a size required by the provisions of this Title, unless the general layout
in the vicinity, lines of ownership, topographical conditions o location of major
or secondary highways justify or make necessary a variation from this
requirement. (Ord. 839, November 25, 1957; Ord. 650, October 8, 1951; 1949 Code
§ 9254.3).
19.20.120 WALKWAYS. The subdivider may be required to dedicate and
improve walkways across long blocks or to provide access to school, park, or
other public areas. (Ord. 650, October 8, 1951; 1949 Code § 9254.41).
Page 27
DESIGN STANDARDS
Chapter 19.20
19.20.130 WATER COURSES. The subdivider shall, subject to riparian
rights, dedicate a right-of-way for storm drainage purposes conforming
substantially with the lines of any natural water course or channel, stream or
creek that traverses the subdivision, or at the option of the subdivider, provide
by dedication further and sufficient easements or construction, or both, to
dispose of such surface and storm waters. (Ord. 650, October 8, 1951; 1949 Code
§ 9254.51).
19.20.140 MASTER PLAN STANDARD. In all respects, the subdivision will
be considered in relation to the Master Plan of the City or any part thereof,
or preliminary plans made in anticipation thereof. (Ord. 650, October 8, 1951;
1949 Code § 9254.61).
19.20.150 LAND SUBJECT TO INUNDATION. If any portion of any land,
within the boundaries shown on any such final map, is subject to overflow,
inundation or flood hazard by storm waters, such fact and the portion shall be
clearly shown on such final map enclosed in a border on each sheet of the map.
The Planning Commission and the City Council may reject a Tentative Map if the
only practical use which can be made of the property, as proposed to be
subdivided, is a use prohibited by any ordinance, statute, law, or other valid
regulation, or if the property is deemed to be unhealthful for occupancy. (Ord.
650, October 8, 1951; 1949 Code § 9254.81).
I M P R O V E M E N T S
Chapter 19.24
Sections:
Page 28
IMPROVEMENTS
Chapter 19.24
19.24.010
Conformance to Standards
19.24.020
Submission of Plans and Profiles.
19.24.030
Inspection and Approval by Public Works Director - Costs.
19.24.040
Construction of Underground Utilities.
19.24.050
Streets and Highways.
19.24.060
Structures.
19.24.070
Curbs and Gutters.
19.24.080
Sidewalks.
19.24.090
Sewers.
19.24.100
Water.
19.24.110
Street Trees.
19.24.120
Street Lighting.
19.24.130
Street Signs.
19.24.140
Underground Utilities.
19.24.150
Railroad Crossings.
19.24.010 CONFORMANCE TO STANDARDS. A l l i m p r o v e m e n t s
hereinafter mentioned shall conform to those required in the "Standard
Subdivision Improvement Specifications" prepared by the City Engineer,
recommended by the Planning Commission, and adopted by the City Council, copies
of which are on file in the office of the Planning Commission and the City
Engineer. (arret. 650, October 8, 1951; 1949 Code § 9255.11).
19.24.020 SUBMISSION OF PLANS AND PROFILES. Improvement work
shall not be commenced until plans and profiles for such work have been submitted
to and approved by the City Engineer or any other interested agency. Such plans
may be required before approval of the final map. All such plans and profiles
shall be prepared on tracing cloth in accordance with the requirements of the
City Engineer. Corrected "as built" improvement plans on cloth shall become the
property of the City before release of bond by the City Council. (Arret. 650,
October 8, 1951; 1949 Code § 9255.12).
Page 29
IMPROVEMENTS
Chapter 19.24
19.24.030 INSPECTION AND APPROVAL BY PUBLIC WORKS DIRECTOR - COSTS.
All required improvements shall be constructed under the inspection of and
subject to the approval of the Public Works Director. Costs of plan checking and
inspection shall be paid by the subdivider in accordance with a schedule of fees
adopted by the City Council, copies of which are on file in the office of the
Planning Department and the Public Works Director. (Ord. 1053, January 14,
1963; Ord. 650, October 8, 1951; 1949 Code § 9255.13).
19.24.040 CONSTRUCTION OF UNDERGROUND UTILITIES. All underground
utilities, sanitary sewers and storm drains installed in streets, service roads,
alleys or highways shall be constructed prior to the surfacing of such street,
service roads, alleys or highways. Service connections for all underground
utilities and sanitary sewers shall be laid to such lengths as will obviate the
necessity for disturbing the street or alley improvements, when service
connections thereto are made. (Ord. 650, October 8, 1951; 1949 Code '§ 9255.14).
19.24.050 STREETS AND HIGHWAYS. All streets and highways shall
be graded and paved to cross sections and grades approved by the City Engineer.
The subdivider shall improve the extension of all subdivision streets, highways
or public ways to the intercepting paving line of any County road, City street
or State highway. (Ord. 650, October 8, 1951; 1949 Code § 9255.2).
19.24.060 STRUCTURES. Structures shall be installed, as
deemed necessary by the City Engineer, for drainage, access and/or public safety.
Such structures to be placed to grades and to be of a design approved by the City
Engineer. (Ord. 650, October 8, 1951; 1949 Code § 9255.22).
19.24.070 CURBS AND GUTTERS. Curbs and gutters shall be
installed to grades, cross section, layout and location approved by the City
Engineer. (Ord. 650, October 8, 1951; 1949 Code § 9255.23).
19,24.080 SIDEWALKS. Sidewalks shall be installed to grades,
location, widths and cross sections approved by the City Engineer. (Ord. 773,
March 12, 1956; Ord. 650, October 8, 1951; 1949 Code § 9255.24).
19,24.090 SEWERS. Sanitary sewer facilities connecting with
the existing City or County sewer system shall be installed to serve each lot
including one connection brought to each lot line, and to grades, locations,
design and sizes approved by the City Engineer. No septic tanks or cesspools
will be permitted. Story water sewers shall be installed as required by the City
Engineer. (Ord. 650, October 8, 1951; 1949 Code § 9255.25).
Page 30
IMPROVEMENTS
Chapter 19.24
19.24.100 WATER. Water mains and fire hydrants of design,
layout and locations approved by the City Engineer, connecting to the water
system serving the City of Newport Beach, shall be installed by the subdivider.
(Ord. 650, October 8, 1951; 1949 Code § 9255.26).
19.24.110 STREETS TREES. Street trees shall be required
and planted in accordance with specifications established by the Park, Beaches
and Recreation Department. A $3.50 inspection fee will be charged for the
installation of every tree. The fee is payable upon approval of the final tract
map. (Ord. 1564 § 1, 1974; Ord. 1341 § 1, July 13, 1970; Ord. 839, November
25, 1957; Ord. 650, October 8, 1951; 1949 Code § 9255.27).
19.24.120 STREET LIGHTING. Underground lighting system with
ornamental light standards shall be installed and the design, layout and location
shall be approved by the City Engineer. Ord. 773, March 12, 1956; Ord. 650,
October 8, 1951; 1949 Code § 9255.28).
19.24.130 STREET SIGNS. The subdivider shall provide street
signs on all streets within the subdivision as required and approved by the City
Engineer. (Ord. 839, November 25, 1957; 1949 Code § 9255.28(b)).
19.24.140 UNDERGROUND UTILITIES. Utility lines, including but
not limited to electric, communications, and cable television, shall be required
to be placed underground. The subdivider shall make the necessary arrangements
with the utility companies for the installation of such facilities. For the
purpose of this section, appurtenances and associated equipment such as, but not
limited to, surface mounted transformers, pedestal mounted terminal boxes and
meter cabinets, and concealed ducts in an underground system may be placed
aboveground. The location of such facilities in the public right of way shall
be subject to the approval of the City Engineer. The City Council upon the
recommendation of the Planning Commission may waive the requirements of this
section if topographical, soil or any other conditions make such underground
installations unreasonable or impractical.
This section shall not apply to utility lines which do not provide service to
the area being subdivided. (Ord. 1144, November 22, 1965; Ord. 773, March 12,
1956; 1949 Code § 9255.28(a)).
19.24.150 RAILROAD CROSSINGS. Provisions shall be made
for any and all railroad crossings necessary to provide access to or circulation
within the proposed subdivision, including the preparation of all documents
necessary for application to the California State Public Utilities Commission
for the establishment and improvement of such crossings. The cost of such
railroad crossing improvements shall be borne by the subdivider. (Ord. 650,
October 8, 1951; 1949 Code § 9255.29).
M O N U M E N T S
Chapter 19.28
MONUMENTS
Sections:
Page 31
MONUMENTS
Chapter 19.28
19.28.010 Boundary Corners.
19.28.020 Street Centerline Intersections.
19.28.030 Bench -marks.
19.28.040 Lot Stakes and Tags.
19.28.050 Disturbed or Destroyed Monuments.
19.28.060 Submission of Field Notices.
19.28.070 Monument Setting Requisite to Bond Release.
19.28.010 BOUNDARY CORNERS. Permanent iron pipe monuments
of a type approved by the City Engineer shall be set at each boundary corner of
the subdivision, along exterior boundaries at intervals of not over 500 feet,
at the beginning and end of property line curves, and at any other points as may
be required by the City Engineer. (Ord. 650, October 8, 1951; 1949 Code §
9255.31).
19.28.020 STREET CENTERLINE INTERSECTIONS. Concrete monuments
with cast iron ring and cover of a type approved by the City Engineer shall be
set at intersections of street centerline tangents and, where such intersect on
private property, at the beginning and end of the centerline curve. (Ord. 650,
October 8, 1951; 1949 Code § 9255.32).
19.28.030 BENCH -MARKS. Permanent elevation bench -marks of a
type approved by the City Engineer and referred to the City datum shall be set
at locations approved by the City Engineer. (Ord. 650, October 8, 1951; 1949
Code § 9255.33).
19.28.040 LOT STAKES AND TAGS. Lot stakes and tags shall be
required on all lot corner. (Ord. 650, October 8, 1951; 1949 Code § 9255.34).
Page 32
MONUMENTS
Chapter 19.28
19.28.050 DISTURBED OR DESTROYED MONUMENTS. Any monument
benchmark, or lot stakes, as required by this Chapter that is disturbed or
destroyed before acceptance of all improvements shall be replaced by the
subdivider. (Ord. 650, October 8, 1951; 1949 Code § 9255.35).
19.28.060 SUBMISSION OF FIELD NOTES. Complete field notes in a
form satisfactory to the City Engineer, showing reference, ties, locations,
elevations and other necessary data relating to monuments and bench -marks set
in accordance with the requirements of this Chapter, shall be submitted to the
City Engineer to be retained by the City as a permanent record. (Ord. 650,
October 8, 1951; 1949 Code § 9255.36).
19.28.070 MONUMENT SETTING REQUISITE TO BOND RELEASE. Monuments
and bench -marks shall be set before final acceptance and release of bond by the
City Council unless exception is recommended by the City Engineer and approved
by the City Council. (Ord. 650, October 8, 1951; 1949 Code § 9255.37).
E X C E P T I O N S
Chapter 19.32
EXCEPTIONS
Sections:
Page 33
EXCEPTIONS
Chapter 19.32
19.32.010 Application by Petition.
19.32.020 Conditions for Granting.
19.32.030 R-District Planned Development Use Permit.
19.32.040 Conditions for R-District Development Exception.
19.32.050 Conveyance of Fee to Public Areas - Covenant.
19.32.060 Declaration of Lien.
19.32.070 Planning Commission Action.
19.32.080 Report to Council by Planning Commission.
19.32.090 City Council Action.
19.32.010 APPLICATION BY PETITION. The Planning Commission may
recommend that the City Council authorize conditional exceptions to any of the
requirements and regulations set forth in this title. Application for any such
exceptions shall be made by a certified petition of the subdivider, stating fully
the grounds of the application and the facts relied upon by the petitioner. Such
petition shall be filed with the tentative map of the subdivision. (Ord. 650,
October 8, 1951; 1949 Code § 9256.11 (part)).
19.32.020 CONDITIONS FOR GRANTING. In order for the property
referred to in the petition for exception to come within the provisions of this
section, it shall be necessary that the Planning Commission shall find the
following facts with respect thereto:
(a) That there are special circumstances or conditions affecting the
property.
(b) That the exception is necessary for the reservation and enjoyment
of a substantial property right of the petitioner.
(c) That the granting of the exception will not be detrimental to the
public welfare or injurious to other property in the vicinity in
which the property is situated. (Ord. 650, October 8, 1951; 1949
Code § 9256.11 (part)).
Page 34
EXCEPTIONS
Chapter 19.32
19.32.030 R-DISTRICT PLANNED COMMUNITY USE PERMIT. Whenever a Use
Permit has been granted for a planned residential development in any R-District,
conditional exceptions to certain subdivision standards may be recommended by
the Planning Commission and authorized by the City Council as follows:
(a) Exceptions to the requirements and regulations relating to lot size
and shape may be permitted when:
1. An open space or recreational area lot is to be provided for
the use and benefit of the family dwelling units in the
development.
2. The total land area of the development divided by the total
number of family dwelling units provides an average land area
per family dwelling unit equal to or more than required by
the regulations of the district in which the development is
located. Total land area of the development shall include
the land area of open space or recreational area lots but
shall not include any land area being set aside for the rights -
of -way of public or private streets and alleys.
(b) Exceptions to the requirement that lots abut on a street may be
permitted when:
1. Adequate and permanent access from a street to each family
dwelling unit is provided for pedestrians and emergency
vehicles.
2. Adequate and permanent provision for accessible automobile
storage is assured for each family dwelling unit.
(c) If the subdividing of the planned residential development is
authorized as herein provided, setbacks and open spaces between
buildings shall not be determined by lot lines but shall be as
established by the Use Permit for such development. (Ord. 1001,
May 14, 1962; Ord. 963, June 12, 1961; 1949 Code § 9256.12).
19.32.040 CONDITIONS FOR R-DISTRICT DEVELOPMENT EXCEPTION. As a
condition of approving the subdivision of a planned residential development and
permitting exceptions to the standard subdivision requirements, the subdivider
shall present in writing with his tentative map the means by which the permanent
upkeep and maintenance of the open spaces or recreational area lots is to be
accomplished and with the payment of all taxes thereon assured. No exceptions
to the standard subdivision requirements shall be permitted unless the City
Council determines that the subdivider has adequately provided for such upkeep,
maintenance and payment of taxes. (Ord. 963, 1961; 1949 Code § 9256.13).
Page 35
EXCEPTIONS
Chapter 19.32
19.32.050 CONVEYANCE OF FEE TO PUBLIC,AREAS - COVENANT. To assure
that the design of a planned residential development being subdivided will be
permanent unless resubdivided or reverted to acreage according to law, the owner
or owners of the real property being subdivided shall convey the underlying fee
to all public street and alley rights -of -way to the City and shall covenant in
connection therewith that the open space or recreational area lots shall be
continuously maintained for the exclusive use and benefit of occupants of the
family dwelling units in the subdivision and that access and automobile storage
shall be provided, as required by Section 19.32.030; provided, however, where
more than one final map is approved on an area where a use permit for a planned
residential development has been approved, or where final maps are approved on
areas where use permits for adjacent planned residential developments have been
approved, it may be provided with the approval of the City Council that the open
space or recreational area lots within such subdivisions shall be continuously
maintained for the use and benefit of the occupants of all or a designated
portion of the family dwelling units in all such subdivisions. Such covenants
shall be approved as to form and content by the City Attorney, shall run with
the real property in the subdivision for the benefit of the lots occupied or
which may lawfully be occupied by family dwelling units in the subdivision and
the public street and alley rights -of -way conveyed to the City in fee, and shall
be recorded in the office of the County Recorder. (Ord. 1080, 1964; Ord. 963,
1961; 1949 Code § 9256.14(a)).
19.32.060 DECLARATION OF LIEN. To assure that the design of the
planned residential development subdivision will be permanent unless resubdivided
or reverted to acreage according to law, and the permanent upkeep, maintenance
and payment of taxes on the open space or recreational area lots assured, it is
hereby declared that the City has a lien on each of the lots occupied or which
may lawfully be occupied by family dwelling units in the subdivision for all
unpaid taxes and assessments upon open space or recreational area lots within
the subdivision, which lien shall have priority over all other liens on such lots
so occupied regardless of the time of their creation; provided, however, that
the City may agree in the covenant provided for in Section 19.32.050 or otherwise
provide that the lien to which each lot occupied or which may lawfully be
occupied by family dwelling units in the subdivision is subjected by this section
shall not exceed the proportionate share of the total amount of unpaid taxes and
assessments upon the open space and recreational area lots within the subdivision
that the assessed value of the land and improvements on any such lot occupied
or which may lawfully be occupied by family dwelling units in the subdivision
bears to the assessed value of the land and improvements on all such lots
occupied or which may lawfully be occupied by family dwelling units in the
subdivision. (Ord. 1080, 1964; Ord. 963, 1961; 1949 Code § 9256.14(b)).
Page 36
EXCEPTIONS
Chapter 19.32
19.32.070 PLANNING COMMISSION ACTION. In recommending such
exceptions, the Planning Commission shall secure substantially the objectives
of the regulations to which the exceptions are granted, as to light, air, and
the public health, safety, convenience and general welfare. (Ord. 650, 1951;
1949 Code § 9256.21).
19.32.080 REPORT TO COUNCIL BY PLANNING COMMISSION. In recommending
the authorization of any exception under the provisions of this section, the
Planning Commission shall report to the City Council its findings with respect
thereto and all facts in connection therewith, and shall specifically and fully
set forth the exception recommended and the conditions designated. (Ord. 650,
1951; 1949 Code § 9256.22).
19.32.090 CITY COUNCIL ACTION. Upon receipt of the report as
provided by Section 19.32.070, the City Council may approve the tentative map
with such exceptions, subject to the conditions the City Council deems necessary
to substantially secure the objectives of this Title (Ord. 891, 1959; Ord. 650,
1951; 1949 Code § 9256.31).
Page 37
APPEALS
Chapter 19.36
A P P E A L S
Chapter 19.36
Sections:
19.36.010 Initiation of Appeal.
19.36.020 Report of Filing of Appeal.
19.36.030 Action on Appeal.
19.36.010 INITIATION OF APPEAL. Appeal may be made to the City
Council from any decision, determination or requirement of the Planning
Commission or City Engineer by filing a notice thereof in writing with the City
Clerk within twenty-one (21) days after such decision or determination or
requirement is made. Such notice shall set forth in detail the action and the
ground by and upon which the subdivider deems himself aggrieved. (Ord. 1427 §
1, 1972; Ord. 891, 1959; Ord. 650, 1951; 1949 Code § 9257.11).
19.36.020 REPORT OF FILING OF APPEAL. The City Clerk shall report
the filing of such notice to the Planning Commission and City Engineer. A
written report shall be submitted to the City Council by the party whose
decision, determination or requirement is upon appeal. (Ord. 650, 1951; 1949
Code § 9257.21).
19.36.030 ACTION ON APPEAL. The City Council at its next
regular meeting following the filing of the appeal, or within 20 days following
the filing thereof, shall set the appeal for hearing to be held and within 20
days thereafter, and such hearing may for good cause be continued by order of
the City Council. Upon the hearing of the appeal, the City Council may overrule
or modify the decision, determination or requirement appealed from and enter any
such order or orders as is in harmony with the spirit and purpose of this Title,
and such disposition of the appeal shall be final. (Ord. 650, 1951; 1949 Code
§ 9257.31).
Page 38
PENALTY FOR VIOLATIONS
Chapter 19.40
PENALTY FOR VIOLATIONS
Chapter 19.40
PENALTY FOR VIOLATIONS
Sections:
19.40.010 Penalty for Violations.
19.40.010 PENALTY FOR VIOLATIONS. Any person, firm,
corporation, partnership or co -partnership who willfully violates any of the
provisions or fails to comply with any of the mandatory requirements of this
Title is guilty of a misdemeanor, and upon conviction thereof, shall be
punishable by a fine of not to exceed Five Hundred Dollars ($500) or by
imprisonment in the City Jail, not to exceed six (6) months or by both fine and
imprisonment, except that nothing contained shall be deemed to bar any legal,
equitable, or summary remedy to which the City of Newport Beach or other
political subdivision, or any person, firm, corporation, partnership or co-
partnership may otherwise be entitled, and the City of Newport Beach or any other
political subdivision or person, firm, corporation, partnership or co-
partnership, may file a suit in the Superior Court of the County of Orange, and
restrain or enjoin any attempted or proposed subdivision or sale in violation
of this title. (Ord. 650, 1951; 1949 Code § 9259.1).
P A R K D E D I C A T I O N
Chapter 19.50
PARK DEDICATION
Sections:
Page 39.
PARK DEDICATION
Chapter 19.50
19.50.010 Purpose.
19.50.020 Requirements
19.50.030 General Standard.
19.50.040 Standards and Formula for Dedication of Land.
19.50.050 Formula for Fees in Lieu of Land Dedication.
19.50.060 Criteria for Requiring Both Dedication and Fee.
19.50.070 Amount of Fee in Lieu of Land Dedication.
19.50.080 Determination of Land Fee.
19.50.090 Credit for Private Open Space.
19.50.100 Procedure.
19.50.110 Commencement of Development.
19.50.120 Commercial or Industrial Developments.
19.50.130 Severability.
19.50.010 PURPOSE. This ordinance is intended to authorize the
City to require the dedication of land, the payment of fees in lieu thereof, or
a combination of both, to allow for the development of neighborhood and community
parks and recreational facilities, all in accordance with the recreational
element of the General Plan of the City of Newport Beach. (Ord. 83-22 § 1
(part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
19.50.020 REQUIREMENTS. As a condition of approval of a
tentative Subdivision Map or a Parcel Map, the subdivider shall dedicate land,
pay a fee in lieu thereof, or both, at the option of the City, for the purpose
of developing new, or rehabilitating existing, neighborhood and community parks
and recreational facilities, to serve the subdivision, at the time and according
to the standards and formulas contained in this ordinance. (Ord. 83-22 § 1
(part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
19.50.030 GENERAL STANDARD. It is hereby found and determined
that the public interest, convenience, health, welfare and safety require that
the dedication of land, or payment of fees, or both, shall not exceed a
proportionate amount necessary to provide three acres of park per 1,000 persons
residing within a subdivision subject to this section, unless the amount of
Page 40.
PARK DEDICATION
Chapter 19.50
existing neighborhood and community park area, as shown on the records, maps,
and reports of the City as of the date of the most recent available Federal
census, exceeds three acres per 1,000 persons and, in that event, the City may
require dedication in proportion to the higher standard but, in no event, shall
the dedication standard exceed five acres per 1,000 persons. (Ord. 83-22 § 1
(part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
19.50.040 STANDARDS AND FORMULA FOR DEDICATION OF LAND. Where
a park or recreational facility has been designed in the recreational element
of the General Plan, and is to be located in whole or in part within the proposed
subdivision to serve the immediate and future needs of the residents of the
subdivision, the subdivider shall dedicate land for a park. The amount of land
to be dedicated shall be determined as follows:
(a) The City shall determine the number of dwelling units per gross acre
to be constructed. The City shall determine the average number of persons per
dwelling unit, and this computation shall be based upon the average household
size for the dwelling units to be constructed, as disclosed by the most recent
available Federal or State census, unless there is substantial evidence to
support a finding by the City that a different household size is appropriate for
some, or all, of the dwelling units proposed to be constructed;
(b) The City shall calculate the actual acreage of existing neighborhood
and community parks, as shown on the records, maps and reports of the City as
of the date of the most recent available Federal census and, using the number
of persons residing in the City as of that date, determine whether the park area
exceeds three acres per 1,000 persons. If, according to that calculation, the
park area is equal to, or less than, three acres per 1,000 persons, then the
dedication of land shall not exceed the amount necessary to provide three acres
of park per 1,000 persons residing within the subdivision under consideration.
If the park area is in excess of three acres per 1,000, the City may require a
dedication in proportion to the higher standard but, in no event, shall the
dedication requirements exceed five acres per 1,000 persons;
(c) The acreage per dwelling unit to be dedicated shall be computed by
multiplying the average number of persons per dwelling unit by the acres of park
area per 1,000 persons, as determined in Subsection (b), and dividing that number
by 1,000. (Ord. 83-22 § 1 (part), Initiative Ord. 1733 § 1 (part), 1977).
Page 41.
PARK DEDICATION
Chapter 19.50
19.50.050 FORMULA FOR FEES IN LIEU OF LAND DEDICATION.
(a) General Formula. If there is no park or recreational facility
designated in the recreational element of the General Plan to be located, in
whole or in part, within the proposed subdivision, to serve the immediate and
future needs of residents of the subdivision, or if the proposed subdivision
contains 50 parcels or less, the subdivider shall, in lieu of dedication of land,
pay a fee equal to the value of the amount of land prescribed for dedication
pursuant to Section 19.50.040; the amount to be determined in accordance with
the provision of Section 19.50.070.
(b) Use of Money. The money collected hereunder shall be used only for
the purpose of developing new, or rehabilitating existing park or recreational
facilities reasonably related to serving the subdivision, either by way of the
purchase of land as necessary for park purposes or, if the City Council
determines that there is sufficient land available, for the improvement of such
land for park and recreational purposes. Any fees collected pursuant to this
ordinance shall be committed within five years after the payment of such fees,
or the issuance of building permits on one-half of the lots created by the
subdivision, whichever occurs later. If such fees are not committed, they shall
be distributed and paid to the record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all lots within
the subdivision.
(c) The interest earned on the accumulated in -lieu fees may be used for
the maintenance of any existing park or recreational facilities. (Ord. 83-22
§ 1 (part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
19.50.060 CRITERIA FOR REQUIRING BOTH DEDICATION AND FEE. In
subdivisions of more than 50 parcels, the subdivider shall both dedicate land
and pay a fee in lieu thereof, in accordance with the following formula:
(a) When only a portion of the land to be subdivided is proposed in the
recreational element of the General Plan as a site for a park, such portion shall
be dedicated for park purposes and a fee, computed pursuant to the provisions
of Section 19.50.070, shall be paid for the additional land that would have been
required to be dedicated pursuant to Section 19.50.040.
(b) When a major part of the park or recreational site has already been
acquired by the City, and only a small portion of land is needed from the
subdivision to complete the site, such remaining portion shall be dedicated and
a fee shall be paid in an amount equal to the value of the land computed pursuant
to the provisions of Section 19.50.070, which otherwise would have been required
to be dedicated pursuant to Section 19.50.040; such fee to be used for the
improvement of other local parks and recreational facilities in the area served
by the subdivision.
(c) The funds collected pursuant to
and used, in accordance with the provisions
(Ord. 83-22 § 1 (part), 1983; Initiative Ord.
Page 42.
PARK DEDICATION
Chapter 19.50
this Section shall be committed,
of Section 19.50.050 (b) and (c).
1733 § 1 (part), 1977).
19.50.070 AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a fee
is required to be paid in lieu of land dedication, such fee shall be computed
by multiplying the acreage of land which would otherwise have been required to
be dedicated pursuant to Section 19.50.040, times the median fair market value
per acre, calculated on the basis of the highest and best use, of the land in
all neighborhood public parks within the City. The market value of such land
shall be adjusted periodically to reflect changes in property values. (Ord. 83-
22 § 1 (part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
19.50.080 DETERMINATION OF LAND OR FEE. Whether the Planning
Commission accepts the land dedication or elects to require payment of a fee in
lieu thereof, or a combination of both, shall be determined by consideration of
the following:
(a) Usability and Feasibility. Generally, land shall be flat.
(b) Access. Direct frontage on at least one side and not more than three
feet above or below street level.
(c) Shape of Land. Suitable for park development.
• (d) Size. Not less than two acres, unless a portion of a park designated
in the General Plan.
(e) Improvements. Shall meet standards of the City and be of a permanent
nature
(f) General Plan. All consideration shall be in accordance with the
recreational element of the General Plan. (Ord. 83-22 § 1 (part), 1983;
Initiative Ord. 1733 § 1 (part), 1977).
19.50.090 CREDIT FOR PRIVATE OPEN SPACE.
(a) Planned developments and real estate developments, as defined in
Sections 11003 and 11003.1, respectively, of the Business and Professions Code,
shall be eligible to receive a credit, as determined by the City Council, against
the amount of land required to be dedicated, or the amount of the fee imposed
pursuant to this Chapter, for the value of private open space within the
development which is usable for active recreational purposes.
Page 43.
PARK DEDICATION
Chapter 19.50
(b) If the subdivider provides park and recreational improvements to
the dedicated land, the value of the improvements, together with any equipment
located thereon, shall be a credit against the payment of fees, or dedication
of land, required by this Chapter.
(c) Except as otherwise provided herein, no credit shall be given for
private open space in any development. (Ord. 83-22 § 1 (part), 1983; Initiative
Ord. 1733 § 1 (part), 1977).
19.50.100 PROCEDURE. At the time of approval of the
tentative subdivision map or parcel map, City shall determine the land to be
dedicated, and/or fees to be paid by the subdivider.
At the time of the filing of the final subdivision map, the subdivider
shall dedicate the land, or pay fees, as previously determined by the City
Council. (Ord. 83-22 § 1 (part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
19.50.110 COMMENCEMENT OF DEVELOPMENT. At the time of approval
of the tentative subdivision map, the City Council shall specify when the
development of the park, or recreational facilities shall be commenced, giving
highest priority to neighborhood parks. (Ord. 83-22 § 1 (part), 1983; Initiative
Ord. 1733 § 1 (part), 1977).
19.50.120 COMMERCIAL OR INDUSTRIAL DEVELOPMENTS.
(a) The provisions of this Chapter do not apply to commercial or
industrial subdivisions, nor do they apply to condominium projects or stock
cooperatives which consist of the subdivision of air space in an existing
apartment building which is more than five years old if no new dwelling units
are added.
(b) Subdivision containing less than five parcels and not used for
residential purposes shall be exempted from the requirements of this Chapter;
provided, however, that a condition may be placed on the approval of such parcel
map, that if a building permit is requested for the construction of a residential
structure, or structures, on one or more of the parcels, within four years, the
fee may be required to be paid by the owner of each such parcel as a condition
to the issuance of the permit. (Ord.83-22 § 1 (part), 1983; Initiative Ord. 1733
§ 1 (part),1977).
19.50.130 SEVERABILITY. If any section, subsection, clause,
phrase, or portion of this ordinance is, for any reason, held to be invalid or
unconstitutional, by decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of this
ordinance. (Ord. 83-2 § 1 (part), 1983; Initiative Ord. 1733 § 1 (part), 1977).
r
Page 12-1
VESTING TENTATIVE MAPS
Chapter 19.14
V E S T I N G T E N T A T I V E M A P S
Chapter 19.14
VESTING TENTATIVE MAPS
Sections:
19.14.010
Citation Authority.
19.14.011
Purpose and Intent.
19.14.012
Consistency.
19.14.013
Definitions.
19.14.014
Application.
19.14.020
Filing and Processing.
19.14.021
Fees.
19.14.022
Expiration.
19.14.030
Vesting on Approval of Vesting Tentative Map
19.14.031
Development Inconsistent with Zoning.
19.14.032
Applications Inconsistent with Current
Policies.
19.14.010 Citation Authority. This Ordinance is enacted
pursuant to the authority granted by Chapter 4.5 (commencing with
Section 66498.1) of Division 2 of Title 7 of the Government Code of
the State of California (hereinafter referred to as the Vesting
Tentative Map Statute), and may be cited as the Vesting Tentative Map
Ordinance.
19.14.011 Purpose and Intent. It is the purpose of this
Ordinance to establish procedures necessary for the implementation of
the Vesting Tentative Map Statute, and to supplement the provisions
of the Subdivision Map Act and the Subdivision Ordinance. Except as
otherwise set forth in the provisions of this Ordinance, the
provisions of the Subdivision Ordinance shall apply to the Vesting
Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in
this Ordinance are determined to be necessary for the preservation of
the public health, safety and general welfare, and for the promotion
of orderly growth and development.
19.14.012 Consistency. No land shall be subdivided and
developed pursuant to a vesting tentative map for any purpose which
is inconsistent with the General Plan and any applicable specific
plan or not permitted by the Zoning Ordinance or other applicable
provisions of the Municipal Code.
Page 12-2
VESTING TENTATIVE MAPS
Chapter 19.14
19.14.013 Definitions.
(a) The term "vesting tentative map" shall mean a tenta-
tive map filed pursuant to Chapter 4.5 of the Subdivision Map
Act, provided the words "vesting tentative map" are conspicu-
ously displayed on the face of the map, and the map otherwise
complies with the provisions of State law and the ordinances of
the City of Newport Beach.
(b) All other definitions set forth in the Newport Beach
Subdivision Ordinance are applicable. (Ord. 88-22, August 10,
1988)
19.14.014 Application.
(a) Whenever a provisions of the Subdivision Map Act, as
implemented and supplemented by the provisions of Title 19 of
the Newport Beach Municipal Code, requires that a tentative map
or parcel map be filed, a vesting tentative map or vesting
parcel map may be filed instead.
(b) If a subdivider does not seek the rights conferred by
the Vesting Tentative Map Statute, the filing of a vesting
tentative map shall not be a prerequisite to any approval for
any proposed subdivision, permit for construction, or work
preparatory to construction. (Ord. 88-22, August 10, 1988)
19.14.020 Filing and Processing. A vesting tentative map
shall be filed in the same form and have the same contents, accompa-
nying data and reports and shall be processed in the same manner as
set forth in the Newport Beach Subdivision Ordinance for a tentative
map except as hereinafter provided.
(a) At the time a vesting tentative map is filed it shall
have printed conspicuously on its face the words "Vesting Tenta-
tive Map."
(b) At the time a vesting tentative map is filed a
subdivider shall also supply the following information:
(1) Site plans showing the size and location of all
proposed buildings, driveways, parking, landscaping and
walls, and other pertinent information in sufficient detail
to determine the height and square footage of each
structure and its conformance with existing regulations or
changes in regulations which have been requested by the
subdivider.
(2) Information on the uses to which each structure
will be put.
Page 12-3
VESTING TENTATIVE MAPS
Chapter 19.14
(3) Plans, specifications and reports for all public
facilities, including but not limited to fire access, on -
and off -site sewer, water, drainage, roads and other public
improvements, meeting the approval of the Public Works
Department.
(4) Detailed grading plans showing all existing and
proposed contours and elevations, meeting the approval of
the Grading Engineer.
(5) Any additional plans, reports or studies
required by the City which are in the opinion of the
Planning Director necessary to process the subdivision of
land and development thereon.
19.14.021 Fees. Upon filing a vesting tentative map, the
subdivider shall pay the fees required by the Municipal Code for the
filing and processing of a vesting tentative map, as established by
Resolution of the City Council.
19.14.022 Expiration. The approval or conditional ap-
proval of a vesting tentative map shall expire at the end of the same
time period, and shall be subject to the same extensions, established
by the Subdivision Ordinance for the expiration of the approval or
conditional approval of a tentative map.
19.14.030 Vesting on Approval of Vesting Tentative Map.
(a) 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 Government Code Section
66474.2.
However, if Section 66474.2 of the Government Code is
repealed, the approval or conditional approval of a Vesting
Tentative Map shall confer a vested right to proceed with
development in substantial compliance with the ordinances,
policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
(b) Notwithstanding subdivision (a), a permit, approval,
extension, or entitlement may be made conditional or denied if
any of the following are determined:
(1) A failure to do so would place the residents of
subdivision or the immediate community, or both, in a
condition dangerous to their health or safety, or both.
(2) The condition or denial is required, in order to
comply with State or Federal law.
Page 12-4
VESTING TENTATIVE MAPS
Chapter 19.14
(c) The rights referred to herein shall expire if a final
map is not approved prior to the expiration of the vesting
tentative map as provided in Section 19.14.022. If the final
map is approved, these rights shall last for the following
periods of time:
(1) An initial time period of one year.
Where several final maps are recorded on various
phases of a project covered by a single vesting tentative map,
this initial time period shall begin for each phase when the
final map for that phase is recorded.
(2) The initial time period set forth in (c)(1)
shall be automatically extended by any time used for processing
a complete application for a grading permit or for design or
architectural review, if such processing exceeds 30 days, from
the date a complete application is filed and provided that the
complete application is filed at least 30 days prior to
expiration of the initial time period.
(3) A subdivider may apply for a one-year extension
at any time before the initial time period set forth in (c)(1)
expires. An extension may be granted by the City Council upon
recommendation by the Planning Commission.
(4) If the subdivider submits a complete application
for a building permit during the periods of time specified in
subdivisions (1) - (3), the rights referred to herein shall
continue until the expiration of that permit, or any extension
of that permit.
19.14.031 Development Inconsistent With Zoning. Whenever
a subdivider files a vesting tentative map for a subdivision whose
intended development is inconsistent with the zoning regulations in
existence at that time, that inconsistency shall be noted on the map.
The City may deny such vesting tentative map or approve it condi-
tioned on the subdivider, or his or her authorized agent, obtaining
the necessary changes in zoning regulations to eliminate the incon-
sistency. If the inconsistency is removed, the approved or condi-
tionally -approved vesting tentative map shall confer the vested right
to proceed with the development in substantial compliance with the
change and the map as approved.
19.14.032 Applications Inconsistent With Current Poli-
cies. Notwithstanding any provision of this ordinance, a property
owner or his or her designee may seek approvals or permits for
development which depart from the ordinances, policies,, and standards
described in Sections 19.14.030(a) and 19.14.031, and the City may
grant these approvals or issue these permits to the extent that the
departures are authorized under applicable law.
(Ord. 86-1 q 4, 1986)