HomeMy WebLinkAbout07 - Title 19 Subdivision Code Revision - Code Amendment 2001-002September 25, 2001
Agenda Item No. 7
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A CODE AMENDMENT,
INCLUDING A REVISED SUBDIVISION CODE (TITLE 19 OF
THE MUNICIPAL CODE) AND ACCOMPANYING
AMENDMENTS TO TITLES 13 AND 20
[CODE AMENDMENT 2001 -0021
WHEREAS, the City has initiated a Code Amendment to overhaul its subdivision
regulations and to make corresponding changes to other portions of the Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff
has completed an Initial Study, determined that the subject amendments will not have a significant
effect on the environment, and has accordingly prepared a draft Negative Declaration for the Code
Amendment; and
WHEREAS, on May 17, June 21, and July 19, 2001, the Planning Commission of the City of
Newport Beach held a worksession and a public hearing regarding the proposed Code Amendment
and forwarded it to the City Council with a recommendation of adoption; and
WHEREAS, on August 28, 2001, the City Council of the City of Newport Beach held a
public hearing, at which time the proposed Code Amendment was considered. A notice of time,
place and purpose of the public hearing was duly given and testimony was presented to and
considered by the City Council at the public hearing.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: ENVIRONMENTAL REVIEW.
a. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for
this project. After reviewing the Initial Study, the proposed Negative Declaration, and
all comments received during the public review process, the City Council finds that the
subject project will not have a significant effect on the environment and accordingly
adopts a Negative Declaration for the project, attached hereto as Exhibit "ND -1 ",
reflecting the independent judgment of the City of Newport Beach. All records
pertaining to this environmental determination are retained in the Planning Department
of the City of Newport Beach.
b. Pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the
basis of substantial evidence, the Planning Commission finds that any presumption of
adverse impact has adequately been rebutted and that the project is not subject to Fish
and Game Department filing fees.
SECTION 2: CODE AMENDMENT. The City Council finds that Code Amendment 2001-
002 will ensure the consistency of new subdivisions in the City with the General Plan in that it will
provide updated provisions which will serve to implement the policies and standards of the General
Plan. In light of the preceding finding, the City Council hereby approves Code Amendment 2001-
002, attached hereto as Exhibits "ZA -1" and "ZA -2 ".
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days afler the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on August 28, 2001 and adopted on September 25, 2001 by the following vote, to wit:
2
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ATTEST:
CITY CLERK
MAYOR
THE FULL TEXT OF THE ORDINANCE IS ATTACHED TO THE
SEPTEMBER 11, 2001 STAFF REPORT
Page 1938 -3
Subdivision Improvements
and local streets in accordance with the illumination levels specified in the City Design Criteria,
except as otherwise approved by the City Engineer. For sidewalks 6 feet wide or less, street lights
shall be placed behind the sidewalk unless there is insufficient right -of -way or easement width to do
so. In such cases, above - ground facilities shall be located so as to minimize interference with
pedestrian traffic.
19.28.060 Water Supply
Each unit or lot within the subdivision shall be served by a domestic water system approved by the
City Engineer. On -site water facilities shall be designed and constructed in accordance with the latest
City- adopted revision of the Uniform Plumbing Code. Fire hydrants and fire flow capacity shall be
approved by the Fire Chief. Water facilities and connections shall be in accordance with Title 14
(Water and Sewers).
19.28.070 Sanitary Sewers
A. Public Sewer Connection Required. All lots intended for building development shall
be connected to a public sewer system. No septic tank or cesspools will be permitted.
Sewer facilities shall be designed and constructed in accordance with City standards,
the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the
latest revision of the Uniform Plumbing Code. Sewer cleanouts shall be provided to
the satisfaction of the City Engineer.
B. Sewer Easements. Sewer easements shall be provided as required by the City
Engineer. No structure shall be placed on any part of such an easement except those
structures directly related to the purpose of the easement.
19.28.080 Storm Drains
A. Drainage Improvements. The subdivider shall design and construct, to the
satisfaction of the City Engineer, and in accordance with the current revision of the
City's Master Drainage Plan, all drainage facilities, including open and closed
channels, catch basins, manholes, junction structures, desilting basins, clarifiers, and
similar facilities, necessary for the removal of surface water from the subdivision and
protection of off -site properties. In addition, interim drainage improvements for
removal of surface water during subdivision construction may be required by the City
Engineer.
B. Drainage Capacity. The storm drain system shall be designed for the ultimate
development of the subdivision and its watershed and shall be capable of collecting
and conveying runoff in accordance with the standards of the Orange County Flood
Control District.
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
_ 3300 NEWPORT BOULEVARD
• °'wrop +� NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Hearing Date: August 28, 2001
Agenda Item: 15
Staff Person: Larry Lawrence
(949) 661 -8175
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT:
Review of New Subdivision Code: Code Amendment 2001 -002
SUMMARY: City - initiated amendment to revise the City's Subdivision Code (Title 19 of
the Municipal Code) and to make related changes to Title 20 (Zoning Code)
and Title 13 (Streets, Sidewalks and Public Property).
ACTION:
Hold hearing, introduce the code amendment ordinance and pass to second
reading on September 11, 2001.
BACKGROUND
All cities in California have subdivision regulations providing standards and procedures for the creation
of new lots. The regulations must be consistent with the State Subdivision Map Act and typically
regulate the processing of tentative and final maps, subdivision design, public improvements,
condominium conversions, lot mergers, and other matters.
• The City's existing Subdivision Code was originally adopted in 1949 and has been amended "as
needed" over the years. As a result, many provisions are out of date, internally inconsistent, or not in
conformance with the Subdivision Map Act. Therefore a complete overhaul of the subdivision
regulations has been prepared. Both the format and content of the new Code are substantially changed
from the current regulations in order to provide a complete update, respond to changes in the
Subdivision Map Act, and incorporate "state -of -the -art" standards. The new Code is attached.
In addition to the overhaul of the subdivision regulations in Title 19, a special task in the work program
to overhaul City regulations relating to subdivisions was the drafting of needed changes to subdivision -
related provisions outside of Title 19. As a result, there are also significant changes to Title 20 (Zoning
Code) and Title 13 (Streets, Sidewalks and Public Property) included in this Code Amendment.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the draft Subdivision Code and the accompanying changes to
Title 20 and Title 13 at a study session on May 17, 2001 and at a public hearing on June 21 and July
19. Following discussion and changes to the draft, the Commission forwarded the Code Amendment
to the City Council with a recommendation of adoption. The Planning Commission minutes and
resolution are attached.
•
POINTS AND AUTHORITY
Conformance with the General Plan
The new Subdivision Code will enhance the consistency of new subdivisions in the City with the
policies and standards of the General Plan, especially with regard to the Land Use and Circulation
Elements. For example, the updated street and highway standards in the new Code will serve to
implement the standards and policies of the Circulation Element.
Conformance with the Municipal Code
The code amendment package will update subdivision, zoning, and street regulations to ensure
consistency within the Municipal Code in all matters relating to subdivisions in the City.
ANALYSIS
Significant Features of the New Subdivision Code (Title 19)
As shown in the Table of Contents, the new Code is broken into seven parts: Part I (Introduction), Part
2 (Tentative Maps), Part 3 (Subdivision Design and Improvements), Part 4 (Dedications and
Reservations), Part 5 (Final Maps), Part 6 (Condominium Conversions), and Part 7 (Other Subdivision
Procedures). In addition, we have drafted revisions to other portions of the Municipal Code required
for consistency with the new subdivision regulations.
The most significant changes include the following:
Chapter 19.12: Tentative Map Review — Retains Modifications Committee as review authority
for tentative parcel maps, and Planning Commission as review authority for tentative tract
maps. The new code adds detailed review provisions for tentative maps, including required
findings for approval or denial, allowance for legal indemnification of City by subdivider, and
a review of amendments to tentative maps after approval.
2. Chapter 19.12: Appeals and Calls for Review:
a. Time Limits for Appeal of Tentative Map Decisions— Retains the time limit for appeal on
tentative map approvals at 14 days. Specifies 15 days as the time limit for appeals of
decisions on tentative map extensions, per Subdivision Map Act (SMA) Section 66452.6,
and 14 days for calls for review by City Council, per Zoning Code Chapter 20.95.
b. Calls for Review of Tentative Map Decisions —Allows anyone member of City Council
to call for review of decision on tentative map, as opposed to requiring four affirmative
votes of Council, as provided in existing Code. Either the Planning Commission or City
Council may call for review of a Modifications Committee decision on a tentative parcel
map, with the same time limits as for a tentative tract map. •
Subdivision Code
August 28, 2001
Page 2
• 3. Chapter 19.16: Tentative Map Extensions —Reduces initial expiration of tentative maps from
three to two years. Increases allowable map extension from two to five years.
4. Chapter 19.24 Subdivision Design:
a. Streets and Highways — For arterial and commuter roads, roadway and right -of -way widths
have been replaced by references to standards specified in the Circulation Element. For
local streets, a standard of 56 feet of right -of -way and 36 feet of roadway is recommended
instead of the current 60'/40' standard, which is more characteristic of collectors.
b. Street Grades — The present standard of maximum seven - percent for all streets and
highways has been replaced by a dual standard: 6 percent for arterials and 10 percent for
local streets. Also, a minimum grade of 0.5% is proposed to ensure adequate drainage.
c. Alleys — The present minimum width of 20 feet for residential and 30 feet for
commercial/industrial has been replaced by a minimum width of 20 feet for all alleys.
d. Modified Street Standards — Provision for the tentative map decision - making body to
reduce standards after consultation with the Traffic Engineer and Fire Chief.
e. Service Roads and Access to Arterials —The current standard more -or -less mandates the
provision of service or frontage roads or common parking facilities for all projects fronting
on an arterial. A more flexible standard focusing on residential subdivisions has been
provided:
"Residential lots shall not take direct access from arterial or collector roads and
shall not front onto such roads unless served by a common parking facility and
driveway(s) designed in accordance with Chapter 20.66 (Off-Street Parking
and Loading Regulations) and approved by the tentative map decision - making
body. Alternatively, the decision - making body may require that access be
provided via a frontage road between an arterial road and the residential lots."
Nonresidential projects already require off - street parking facilities per the Zoning Code.
Frontage roads should not be required for these.
f Sidewalks and Pedestrianways —Specific requirements for Sidewalks and Pedestrianways
have been added:
"Sidewalk widths and design shall be in accordance with City Design Criteria and shall
be located as follows:
1. Along both sides of arterial highways;
2. Along all commercial and industrial frontage;
. 3. Along both sides of collector streets;
Subdivision Code
August 28, 2001
Page 3
4. Along residential frontage where the required minimum lot size is less than
20,000 square feet;
5. Along all streets leading directly to a school, a designated school bus stop or
a park; is
6. Where the sidewalk will provide a continuation or link between other
sidewalks, existing or planned."
7. Along streets designated as a "significant link" in the City's circulation
system, as provided in Chapter 13.05 (Street Improvements and
Dedications)."
For short cul -de -sacs, under 200 feet long, the sidewalk requirement can be waived by
the decision - making body without need for findings.
g. Lot DesiFai — The current standard of 50 -foot average width and 5,000 square feet
minimum area has been replaced by reference to the Zoning Code standard for the
applicable district.
h. Matz Lots — Provisions have been added defining flag lots and allowing them in
subdivisions by specific action of the tentative map decision - making body:
"1. Definition For purposes of this Code, "flag lot" and "panhandle lot" shall both mean
a lot having its only vehicular access by way of a narrow accessway which serves no
more than one other property and which is less than 20 feet wide and more than 20
feet long. 0
"2. Approval Criteria. Flag lots may be approved by the tentative map decision - making
body if it determines that the resulting lot pattern will be equal to or superior than a
standard lot design in terms of privacy, safety, lot usability, and parking."
i. Front Setbacks — The allowance for de- facto variances for front setbacks in conjunction
with tentative map approval has been deleted.
j. Deviation from Design Standards — In addition to the specific modification of street
standards described above, there is a more general paragraph allowing for deviations from
any of the subdivision design standards in the Chapter. The procedures are formal and the
standards of approval are rigorous, requiring specific findings to justify deviation.
"C. Required Findings to Allow Deviation. A deviation from any of the design standards
set forth in this Chapter may be approved by the tentative map decision - making body
if it makes all of the following findings:
The requested deviation(s) will create a land plan or development design
equal or superior to that under the baseline design standards in this Chapter;
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Subdivision Code
August 28, 2001
Page 4
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2. The deviation(s) will not negatively impact the carrying capacity of the local
vehicular circulation network;
3. The deviation(s) will not negatively impact pedestrian circulation;
4. The resulting subdivision will be compatible with the pattern of surrounding
subdivisions;
5. The resulting subdivision design and improvements will be consistent with
the General Plan and any applicable specific plan, and will conform to the
Subdivision Map Act and all other provisions of this Subdivision Code.
6. The resulting subdivision design and improvements will not be materially
detrimental to the residents or tenants of the proposed subdivision or
surrounding properties, nor to public health or safety."
5. Chapter 19.28 Subdivision Improvements:
a. Added Provisions — More specific requirements relating to storm drains, utility
undergrounding, and improvement over - sizing have been added. In addition, a provision
has been added requiring solid boundary walls for subdivision lots abutting a freeway,
railroad right -of -way, electric transmission line right -of -way, or open drainage channel.
b. Waiver of Improvement Requirements —Waiver provisions have been added that closely
follow those for deviation from design standards, described above.
6. Part 4: Dedications and Reservations — Replaces the present single paragraph (Sec. 19.12.080)
with detailed requirements for dedication of streets, bikeways, parks and reservation of school
sites, consistent with corresponding Map Act sections.
7. Chapter 19.48: School Sites and Fees —Provides for reservation of school sites for acquisition
by school district, plus provides for fees for interim classroom facilities.
8. Chapter 19.52: Park Dedication — Updates current provisions and provides evidence from
Recreation and O/S Element that existing ratio exceeds 5 acres per 1000 persons, thus allowing
the City to use this maximum 511000 standard allowed by the SMA.
9. Section 19.52.080: Credit for Private Recreational Facilities — In accordance with the
Subdivision Map Act Section 66477, allows credit for private recreational facilities and/or
recreation trails from 0 to 20 percent of the amount of required land dedication or in -lieu park
fee. The amount of credit granted shall be determined by the tentative map decision - making
body. (The state law states that common interest developments shall be "eligible" for such
credit.)
Subdivision Code
August 28, 2001
Page 5
10. Sec. 19.64.010: Review of Both Residential and Nonresidential Condo Conversions Required
— Requires City approval of both types of conversions, but does not require as extensive tenant
notification for nonresidential. 0
11. Sec. 19.64.030: Tentative Map Required for Condo Conversion — Requires Modifications
Committee or Planning Commission approval of tentative map for conversion instead of just
a modification permit. The general requirements for a condo conversion include the following:
"A. Where Permitted. If approved under the provisions of this Chapter and Title 20
(Zoning Code), residential condominium conversions may be allowed in any district
in which residential uses are permitted, including planned communities, except
within the R -1.5 District (Balboa Island). Nonresidential condominium conversions
may be allowed in any district in which such uses are permitted.
`B. Subdivision Required. All condominium conversions subject to this Chapter shall
require approval of tentative and final subdivision maps.
"C. Review Responsibilities. Condominium conversions containing 5 or more units shall
be approved by the Planning Commission via a tentative tract map. Condominium
projects or conversions containing 4 or less units shall be approved by the
Modifications Committee via a tentative parcel map.
"D. Applicable Standards. Condominium conversion projects shall conform to: (1) the
applicable standards and requirements of the zoning district in which the project is
located at the time of approval Per Title 20 (Zoning Code), and (2) the applicable
provisions of this Subdivision Code."
12. Sec. 19.68.040: Lot Mergers — Moved from Zoning Code and expanded. Changes have been
made to bring lot merger provisions into conformity with the SMA (Sec 6645 1. 10 et seq.)
regarding the determination of when lots should be merged to allow development. These
changes also tighten the lot merger requirements by eliminating the option of simply recording
a covenant for residential development and adding a requirement to permanently erase the
applicable lot line(s) via resubdivision. Also, the following provisions for exceptions to merger
requirements have been added:
`B. Exceptions. The Planning Commission may grant an exception to the merger
requirements of this Section if it makes all of the following findings:
None of the unmerged lots is smaller than the average lot size in the
underlying subdivision.
2. Retention of the unmerged lots would provide for development which is
equally or more compatible with development on surrounding lots than if the
lots were merged.
Subdivision Code
August 28, 2001
Page 6
3. Retention of the unmerged lots would not allow development which is
materially detrimental to the residents or tenants of surrounding properties,
nor to public health or safety.
"In granting an exception from the merger requirement, the Planning Commission
may allow retention and development of the unmerged lots. In so doing, the
Commission may require a lot line adjustment and may impose conditions designed
to avoid or mitigate any potential adverse effects of development of the affected
lots."
13. Chapter 19.76: Lot line adjustments — Moved from Zoning Code.
Changes to Other Titles
As noted under "Background ", a special task in the work program was the drafting of needed changes
to subdivision - related provisions outside of Title 19. Significant resulting changes include:
TITLE 13: STREETS, SIDEWALKS AND PUBLIC PROPERTY
1. Section 13.05.010: Street Widening and Improvements as a Condition of Building Permits —
Update of references to the Circulation Element - Master Plan of Streets and Highways and to
the Subdivision Code.
0 TITLE 20: ZONING CODE
0
GENERAL
2. Section 20.44.010: Establishment of Specific Plan District -Santa Ana Heights — Addition of
provision allowing modified street standards different from those specified in the Circulation
Element and the Subdivision Code.
SITE REGULATIONS
3. Section 20.60.035: Changes in Yard Requirements —Deletion of this section allowing changes
to setback requirements by recordation on a final map. These modified setback standards can
be more appropriately and effectively handled via the Zoning Code's PRD (Planned Residential
District) or specific plan districts.
LOT MERGERS
4. Section 20.60.040: Development on Substandard Lots and Across Property Lines —Moved to
Title 19 (see above).
Subdivision Code
August 28, 2001
Page 7
CONDO CONVERSIONS
5. Sections 20.83.015 -.035, 20.86.070, and 20.93.020 — Moved to Title 19 (see above). Title 20
provisions are now limited to new condominium projects.
CONCLUSIONS
Staff believes that the Code Amendment forwarded to the City Council by the Planning Commission
will provide a needed update to the City's subdivision regulations, bring the regulations into
conformity with the state Subdivision Map Act, and promote quality design for new subdivisions
in the City.
RECOMMENDATION
Staff recommends that the City Council open the public hearing, discuss the new Subdivision Code,
make modifications to the draft if desired, and introduce the attached code amendment ordinance.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachments:
Prepared by:
LARRY LAWRENCE
Project Manager
1. May 17, June 21, and July 19, 2001 Planning Commission Minutes.
2. Planning Commission Resolution Recommending Approval of Code Amendments.
3. Draft Code Amendment Ordinance, with Exhibit ZA -1: Draft Subdivision Code, ZA -2: Amendments
to Titles 13 and 20, and ND -1: Negative Declaration.
Subdivision Code
August 28, 2001
Page 8
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ATTACHMENT 1:
MAY 179 JUNE 21, JULY 199 2001
PLANNING COMMISSION MINUTES
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EXCERPT FROM MAY 17, 2001 PLANNING COMMISSION MINUTES
Item 6 Subdivision Code Discussion only
SUBJECT: New Subdivision Code
City - initiated amendment to revise the City's Subdivision Code (Title 19 of the Municipal Code)
and to make related changes to Title 20 (Zoning Code), Title 13 (Streets, Sidewalks and Public
Property), and other Titles.
Ms. Temple noted that approximately 2 years ago, we had a few problematic requests for minor
subdivisions and we discovered a number of problems with our existing Subdivision Code, which
is Title 19 in the Municipal Code. We also discovered that there are a number of areas within that
chapter that had not been regularly applied in a number of years and are essentially outdated with
the subdivision practices of the City and Public Works Department. As a result of that, the City
Council initiated a comprehensive update to Title 19, which unfortunately did not come on as fast
as we had hoped because the Planning Department was shifting staff resource allocations having to
deal with several of the large development projects that you considered in the earlier part of last year.
However, we have now completed the work, and this is the first look that you will have of the new
Subdivision Code as drafted by staff with the assistance of an outside consultant. The organization
of the Code Chapter has been totally reworked and put into what we consider a logical framework,
which will allow for its use and ease of understanding and application. The current Public Works
Standards have been highlighted in the Code based on the City's current subdivision practices. From
the Planning Department point of view one of the most important and key features of the updated
Code is the revised findings that the Planning Commission or staff would need to make when design
criteria contained within the chapter are granted exceptions. One of the struggles with the existing
Title 19 is that in order to grant a waiver or exception from those design standards in the Code, the
findings that need to be made were essentially variance findings, a very high bar. In addition, the
Subdivision standards contained within that Code did not really account for contemporary
subdivision practices which allow for a smaller lot design, zero lot designs, Z lots or other types of
creative subdivision plans that are very commonly used in the County and in the Country. The new
acceptance standards are based on the quality of the design and assurance that public and pedestrian
access and circulation flow are all being maintained in an adequate fashion, but that will allow the
Planning Commission to make those qualitative judgements as to the quality and appropriateness
of the design, compatibility with surrounding subdivision and land use patterns. In working with the
Public Works Department, we think we are about 98% of the way there, we are still noticing and
making final adjustments in the most minor sense. When this returns to the Commission, there will
be some staff suggested changes that we will outline for you in the next staff report. We intend to
return this to the Commission in five weeks time on June 21 st. Staff would request your direction
if you would like to spend more time either individually or in subcommittee to go through more of
the details. We offer you to meet with the consultant or Public Works and Planning staff to
understand or discuss any details of the proposal. We would be happy to make those arrangements,
just let us know.
At Commission inquiry, Ms. Temple noted that there are a lot of provisions in the Subdivision Code
which based on current practice, might be considered antiquated. I think it is appropriate to look,
particularly at the design standards to see if this reflects our common practice. Now is the
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opportunity for qualitative judgements to be made as to whether those are still appropriate in today's
• contemporary subdivision world. There may be Commissioners with experience in this area that may
have input they would like to make to Planning and the Public Works Department as to whether
those should be maintained. Keeping our design criteria as adopted by the City Council was a goal
of City staff, but to provide an effective route for exceptions as being a good framework, that is what
we are proposing to you. Any Subdivision needs to be found consistent with the General Plan. If the
General Plan update results in changes to density standards or other criteria relating to residential
or commercial development then the Subdivision approved subsequent to that will have to be found
consistent.
Commissioner Kiser asked how this would change the process for a condominium conversion
application.
Ms. Temple answered that the principal difference is that rather than approving condominium
conversion with only a Modification Permit, we are asking that a Parcel Map be filed. However, that
is still acted upon by the Modifications Committee. It would add some increment of additional cost
for a project proponent because they would have to have a map drawn, but that ends up usually
having to be done in any case because the financing institutions tend to not want to finance projects
without Subdivision Maps. One of the provisions that is different is that the Public Works
Department want independent water and sewer laterals to be required. Currently there is a fairly easy
route for an exception on the independent sewer laterals.
Chairperson Selich noted it would be helpful if the Commission could get a copy of what the design
• standards are. Mr. Edmonston agreed that could be provided.
Chairperson Selich noted that a couple of years ago a subdivision was approved that was on the
Peninsula Point where four lots had been combined and the lot lines were eliminated. Then we
approved a re- subdivision of that property back to the original configuration of the lots. How did we
do that under the existing Code, and how is that process affected under the new proposed Code we
have here?
Ms. Temple answered that the City had a practice of granting substandard subdivision as to the
stated standards in the design criteria and the Zoning Code based on its consistency with surrounding
subdivisions. That was never actually criteria as a standard for granting an exception and was one
of the problems with the Code where we were making decisions and findings that were not
necessarily consistent with actual written requirements for exceptions. That was one of the triggering
mechanisms, to look into and take on this project, and to at least grant the Planning Commission and
City Council the flexibility to determine when a subdivision that did not meet the stated design
criteria and the Subdivision Ordinance and Zone Code was acceptable in certain cases.
Ms. Clauson noted that the concept is that the exception standards were more difficult to meet at the
time and there was an on -going practice of looking at the underlying subdivision and using that as
a factual basis for approval.
• Chairperson Selich affirmed that under the proposed ordinance there is a procedure that would allow
the Commission to legitimately do that. What would happen if somebody came in with a project
tomorrow and had that same thing in it, would we have the ability under the existing Code to make
those same findings?
Ms. Temple answered you could if the Commission felt comfortable making the special
circumstance finding that the current Code requires.
Discussion followed on current and past practices; provisions of Title 19; findings and conditions
and advice given to people.
Ms. Temple then referred the Commission to 19.24.130 C 1 through 7 and asked that they look at
these findings that would allow deviation from design standards.
Commissioner Agajanian noted that there are two issues with this item. One of them is how are we
changing the existing document and the second is whether we have excluded things that should be
here. I need time to look at this.
Ms. Temple noted that the double underline in the document represents what staff has added that are
not necessarily prohibited by, but are not actually set forth in the Subdivision Map Act. The Code
also has many additions that are reflective of the Subdivision Map Act, which were not in the
existing document. We made sure that particular provisions, such as merger provisions and lot line
adjustment provisions, are consistent with the Map Act.
Commissioner Tucker questioned that in this particular case, if we were going to have a deviation,
we need to have all seven of these findings? He was answered that
was correct. .
Chairperson Selich asked about lot mergers and how we are going to be dealing with them.
Ms. Clauson answered that most of the provisions are consistent with what we have now. There are
minor changes on noticing and a couple of other items. I reviewed our merger provisions that we
have now with the Map Act and they are pretty consistent. They are summarized in the staff report
and we can clarify that when we come back for another hearing. The City has never used the lot
merger provisions as long as 1 have been here. We have it as a tool of the Map Act.
Public comment was opened.
Philip Bettencourt, 110 Newport Center Drive suggested two additional topics for dialogue:
Include development standards within an ordinance that are otherwise subject to
determination by the City Engineer. For example, the inclusion of hard street widths and
grades. The difficulty in the ability to approve a deviation is that there is not enough latitude,
here it requires an amendment to the ordinance. You have a set of public improvement
policies for infrastructure that govern also divisions that is adopted by the City Council.
There are too many design issues to deal with on specific improvement standards.
I see inconsistencies about the inclusion of the park code standard. The narrative indicates •
that for private park improvements, up to 50% of the required fees or land owed in private
facilities can be subject to credit. If you look at the text of the Ordinance itself, it limits the
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credit for private recreational facilities from 0 to 20% and seems to me to put a tough
standard on providing credit. It does not mention the eligibility of a public trail on private
property. I think that list should be added and I would think that there would be
circumstances that the limitation of only 20% of the advantage of private facilitates is fairly
severe.
Public comment was closed.
It was agreed that this item would be brought back to the Planning Commission meeting of June 21 st
for further review and discussion.
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EXCERPT FROM JUNE 21, 2001 PLANNING COMMISSION MINUTES
Item No. 3 0
SUBJECT: Subdivision Code Update: Code Amendment No. 2001_002 (PA 2001_087)
City_initiated amendment to revise the City's Subdivision Code (Title 19 of the Municipal Code)
and to make related changes to Title 20 (Zoning Code), and Title 13 (Streets, Sidewalks and Public
Property).
Commissioner Tucker stated that he looked at the Deviation from Design Standards on handwritten
page 55 in the staff report. He noted that we have a town where parts of the jurisdiction have been
subdivided in the 1990's and the 1890's. We have a wide variety of circumstances of how our
subdivisions came about. There are occasions where people come in and take blocks of properties
and redevelop them. Sometimes the old subdivision and new standards collide. I wanted to make
sure that the deviation from design standards was sufficiently forgiving so that it is not impossible
to meet the findings that were necessary if we found a project meritorious. The first finding states
the requested deviation is necessary in order to create a land plan that is sensitive to environmental
or physical constraints on or adjacent to the project site. It might not be necessary, but the key is, it
shouldn't be less sensitive to the environmental or physical constraints on or adjacent to the project
site. That gives the latitude of not having to come up with a finding that is hard to justify. If the
finding is that it will not create a land plan that is less sensitive to the environment or similar type
of wording, that would be something I would like to see. The rest of the findings seem like they are
kind of doable if there is a project that is worthwhile. The other question I had was item 5 that says
the resulting subdivision will not be incompatible with the pattern of surrounding development. It
might refer to the pattern of the surrounding subdivisions or lots. I am not sure development is the
right word because one is referring to subdivision; the other is referring to development. In this
context it means what actually got built.
Commissioner Tucker asked the following:
How does the review of a parcel map differ from a review of a tract map under this ordinance?
I can understand the desire to have a tract map and have it go through
the Planning Commission for a residential project because that map
determines the intensity of the development. When you have a
commercial project, it is not the map that determines the intensity of
development it is the site plan. Would you see any problem in allowing a
parcel map to be the vehicle of choice if you had a commercial project
with eight lots?
The deviation from design standards takes care of a situation where, if
we had the findings, would satisfy a shortcoming of lot sizes?
Larry Lawrence, consultant working on this project for the City approached the
podium and answered the following:
The most important thing is the parcel maps go to the Modifications
Committee. Findings for approval are substantially the same. In fact, that
often happens with weird shaped lots in commercial centers where the
anchor gets its own lot. The Map Act recognizes that and allows parcel
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maps of greater than four lots for nonresidential. You could change this
and still be consistent with the Map Act.
Commissioner Agajanian stated that he had contacted staff during his review of the Code. The only
remaining item be asked the Commission to consider was under Section 19.24.010 A -2. It talks
about altering the minimum width from 60 feet to 56 feet of right -of -way and reduce the pavement
width from 40 to 36 feet. I don't have a problem with the reduction of the pavement width, but I
would like to retain that original 60 -foot right -of -way. The reason is that we do not have many
subdivisions coming through and we always need more rather than less. Why not just stay with what
we have and deal with these as they come before us on a case -by -case basis. Under item 4 regarding
street grades. I would like to stay with the 7 percent, given the few subdivisions we have then we
can change it to 10 percent on a case -by -case basis.
Mr. Rich Edmonston stated that the typical local street right -of -way that we use and that most other
agencies use provides for a 10 -foot parkway on either side of the curb. The current city design
criteria allows for a 36 foot wide street and 56 foot right -of -way on single- loaded streets where there
is development on one side, short cul -de -sacs and the term loop streets. The trend has been towards
narrower streets and this would match the standard that we apply to private streets. In fact, it may
go a bit further because sometimes in the private streets thee is only a sidewalk on one side and the
total width for roadway purposes would be less than the 56 feet. Staff was comfortable maintaining
the 10 -foot parkway widths along with the narrower streets. As far as the grades, staff did not have
a particular problem. Again most of the subdivisions in recent years have been private gated
communities, which can have different standards. In the hillside areas, there are existing streets that
exceed the 7% because of the topography. We weren't particularly concerned about these given that
the steep area of the City to be concerned about in the future probably is Newport Coast and as long
as the development is done on County standards, these would not apply anyway.
Mr. Lawrence added that the County standard is 10% on grade and of course in Laguna would go
up to 20 %.
Commissioner McDaniel pointed out that on page 90, the conditions required for merger
(19.68.040), to be adjacent to a contiguous lot must mean that you have three pieces of property. You
can't be between one lot, so if this is something to be done on a lot, it is one of the two contiguous
lots.
Mr. Lawrence noted that the word contiguous is redundant and should be removed.
Commissioner McDaniel asked how the figure $20,705 was derived.
Ms. Temple answered that this is the current number in the Code. Upon pointing that out, we
probably need to add another provision. Essentially we did update that number several years ago and
provided a cost of living factor that every year it goes up based on the Consumer Price Index or some
construction index. In 1994 we had a low number of $10,000 and had been for many years. With
inflation that became a smaller and smaller proportion of any construction budget therefore throwing
the requirement for required merger conditions on relatively modest commercial remodels. The City
adjusted the number and added the indexing so that it would keep up with inflation so that it would
be something of a substantial change to a commercial structure before a merger was required.
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Chairperson Selich asked if this had been submitted to the BIA for comments, and was answered
yes. He noted he is interested in getting a detailed analysis of this as it really goes to the heart of the
building industry. The Subdivision Code is interesting because most of it deals with subdivisions
of large open spaces of land, which in reality outside of the Banning Ranch, we are not going to have
any of. The real subdivision issues that we are going to be facing in the future is dealing with the
older areas of the City that have already been subdivided and we have a plethora of problems
whether it's a situation being able to go back and subdivide to the original lot configuration or
another situation where you want to do the opposite and make someone combine the properties or
consider combining properties. Or, you get into situations where the older properties have been split
off at different periods of times and where people own partial lots. If you go into the existing Code
and opinions I have read from the City Attorney's office you can have a lawfully conveyed site,
which means it is a legal site, but it is not a legal building site. We get into a lot of conflicting
situations and I guess it is my feeling that I don't feel we have gone far enough with this subdivision
ordinance in dealing with the older part of the City and the fact that that is more likely where we are
going to be facing our subdivision questions. I guess as an example of what Commissioner Tucker
talked about, on that whole set of findings on page 55, I think that somehow in there we need to
recognize somehow that the City has this underlying pattern. We need to be able to deal with the
underlying subdivision pattern in making our findings and decisions. I would like to see lot line
adjustment provisions brought into the Subdivision Code. Right now it appears that they are all
scattered around in the Zoning Code and Subdivision Ordinance. It seems to me it would be easier
if we had all the lot line provisions in the Subdivision Code to see what they all are. That is a lot of
what we deal with, moving these lot lines around particularly in the older residential areas of town
where houses are torn down and people buy property and they have lots, partial lots and the people
next door to them have the same situation. The Section on lot line adjustments is virtually one
paragraph on page 94 that refers you to the Zoning Code. We need to have criteria and it doesn't
seem we are addressing it enough in the policy format here.
Commissioner Tucker stated he thought the deviation from design standards was kind of a "cure all"
clause and it will address a lot of these issues. It probably does not address the lot line issues, that
is a point well taken because it is not a subdivision. Although the re- orientation we treat as a
subdivision or a lot line adjustment if new lots are being created.
Chairperson Selich stated if we wanted to restore the underlying subdivision pattern, you would
have to make only one finding that says it is in the public interest to restore the underlying
subdivision pattern and not have to go through all these other things. Somehow, it just doesn't seem
that we recognize that is there.
Commissioner Tucker asked about a situation where you didn't want to recognize the underlying
subdivision pattern and you like the resubdivision, then you just wouldn't make that finding. You
wouldn't feel more comfortable having a bunch of findings to not make? It would just be on that
issue alone? Part of it is discretion, part of it is a hurdle. Future deliberators, the question is should
they have a sterner test before they go back to it rather than just favoring one project and the fewer
findings you have to make then the more of an opportunity to decide for one developer and one
project for whatever reason that guy gets approved. At least with these other findings, if they take
the findings pattern as seriously as we have taken them, they will wonder if they can really make
those findings.
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Chairperson Selich responded that I am almost thinking that it is easier, and I would be comfortable
making the finding to go back to the original subdivision pattern based on one criterion. But I would
not necessarily feel the same way to not go back to the existing subdivision pattern. There would be
a higher burden of proof or higher criteria to go away from the underlying subdivision pattern as
opposed to going back to it. We really have three situations; one where the underlying lots have been
abandoned and someone wants to restore it; one where we may as part of some type of review
determine that it is better to go and remove the underlying lots; and then there may be one where the
applicant himself wants to go back and restore the lots.
Commissioner Gifford asked if findings 4 — 7 would take away any flexibility. If you just take away
the standard of necessary, are any of these taking away any flexibility?
Chairperson Selich responded that I don't have that strong an opinion that you only do one criteria,
but I do feel that somehow we ought to have a statement in here that we are recognizing the fact that
the City was previously subdivided into certain patterns. If would certainly make it easier to go back
and deal with situations like the one out on Peninsula Point that we dealt with a couple of years ago.
Commissioner Gifford asked if we could add another finding that says it didn't result in anything
smaller than the original subdivision pattern; to just get that thought into there?
Commissioner Tucker stated that might defeat the purpose if the original subdivision pattern was
bigger lots and areas are coming on for smaller development. A commercial lot that goes to
residential would be an example or former school sites.
Chairperson Selich — suggested taking that example because the Old Corona del Mar elementary
site was re- subdivided into 30 foot wide lots.
Ms. Temple stated the lots still existed. It was two complete blocks and the primary subdivision was
really the abandonment of the intervening street so that the internal four lots within that subdivision
are all 45 feet wide because they gained half of the right -of -way. They are all 30 except the four in
the middle. I would like to make some clarifications on where we might be making some changes
for the Commission.
Ms. Temple noted that Commissioner Gifford suggested that one of the standards be that the lots
be no smaller than the original subdivision, that particular proposal brought an old case to mind over
in Corona del Mar where a property owner owned a whole 30 foot lot and a 25 foot portion of the
adjoining lot. He wanted to adjust the line to create two equal lots at slightly less than 32 feet. It was
that particular proposal, which was very controversial, that brought about some of the legal opinions.
Adding a provision like that would be on point to that kind of circumstance which has arisen in the
past as opposed to a different circumstance where you may have portions of lots where the division
results in the minimum lot size or larger and that is a different circumstance. I think those are the
kinds of directions that will help us make adjustments to this or other provisions of the chapter.
Chairperson Selich noted that, outside of the deviation proposal, we have done nothing to deal with
the minimum lot sizes. We still refer to the minimum lot size in the code so if it is 5,000 in R -2 it
stays 5,000 in R -2, so the only way to deal with this is through the deviation procedure.
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Ms. Temple stated that is correct, or to reduce the standard, which is also possible and can be done
in both the Subdivision Code and the Zoning Code. It might also help us with the Housing Element.
Chairperson Selich asked if it would be practical to take the older areas of the city and actually set
up a different minimum lot size in those areas and just come right out and recognize that they are
different. Theoretically what the Code is doing is to force all those areas to go to 5,000 square foot
lots. Why not call a spade a spade and call them out as 30 -foot minimum lots in those areas?
Ms. Temple stated she believes we can. We would have to look structurally how we would do that
whether we would have different subdivision districts. I am sure we can adopt different standards
for different areas of town. One thing that you do address is that then, none of those lots are
considered substandard with the Code.
Chairperson Selich stated I am still concerned that we allow the City to impose new conditions on
any extension approval. Some cities do it and some don't. There is so much involved with the
Tentative Map approval and once you get in and then come in for an extension, you should not be
subject to a lot of new conditions being added on to your projects.
Regarding street grades that Commissioner Agajanian mentioned, I feel comfortable with the
County standard of 10 %, that is pretty much the way the rest of the world does it. On Page 25, the
definition of remainder parcel, are we clear in our Code here or elsewhere that a remainder parcel
that is not included in the boundary tract map is not necessarily a legal or buildable parcel? On page
27, separate maps for physically separated parcels, why are we requiring a separate map for
properties that are physically separated?
Mr. Lawrence explained that it is for a separation by other properties, whereas for an ownership that
crosses an arterial existing street it is legitimate practice to include that in one tentative map. If they
are separated by intervening property it is difficult to make that one tentative map. If you have a ten -
foot strip it's one thing, if you have a half -mile, it is another thing. I will go back to the Map Act and
ensure there is nothing in there about that in case you may want to delete it.
Chairperson Selich asked if we are not requiring any NPDES studies to be submitted with the
tentative maps? I thought there was a new law that went into effect recently that required that to be
done. Are we requiring NPDES studies with tentative maps?
Mr. Lawrence responded I am not sure that needs to be put into the Code. That is often in the
application materials themselves. It and many other things are required, but we do not have it in the
Code.
Mr. Edmonston answered that the whole water quality issue appears to be getting tighter and tighter.
The one concern about putting that into the Subdivision Code is that it may change before the code
gets adopted.
Commissioner Tucker noted the regional boards are adopting a waste discharge order but then direct
the other local agencies within its jurisdiction to adopt conforming legislation. We will probably be
ordered to do that within a time frame, that is what they have done in San Diego County.
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• Chairperson Selich pointed to page 41, imposition of new conditions, it says that it needs review
by the City Attorney. Has it been reviewed and what was the outcome?
Ms. Temple answered that no, it has not been reviewed yet.
Chairperson Selich stated that on page 47 I would be in favor of the staff's recommendation on the
56 -foot right -of -way. Page 50 on lot design, what provisions do we have for flag lots, if any?
Ms. Temple answered that our Zoning Code requires minimum lot widths, not minimum frontage
widths. So if it would average at the minimum lot width, it would be considered a conforming lot
even if it were in a flag configuration. I think it would be helpful to specify and call it out separately
as it is a different kind of a configuration. We have many flag lots in Big Canyon.
Chairperson Selich noted that on page 72 fees for interim classroom facilities, it says that the
procedures shall be in accordance with Chapters 4.7 and 4.9 of the Subdivision Map Act. I could not
find those sections, can you tell us what those say?
Mr. Lawrence answered that it should have said Government Code instead of Subdivision Map Act.
It's the enabling provision that the cities and school districts cooperate in doing.
Chairperson Selich asked if there is some reason why we have to say that the School District may
• impose school fees? That is not really in our jurisdiction.
Mr. Lawrence answered that it is there to make it more user friendly to the inexperienced subdivider
who thinks he has all the fees from the City and that there also fees from other agencies. It is not
necessary to have that in there.
Chairperson Selich referred to page 89, what is the significance of August 2, 1943? We have never
done a lot merger, correct?
Ms. Temple answered that is when we adopted 5,000 and 6,000 square foot lots. Not to my
knowledge have we done a lot merger.
Public comment was opened.
Phil Bettencourt, 110 Newport Center Drive, noted the following:
Encouraged by the deviation criteria although it sets a fairly high order for
consistency.
To the extent that the Ordinance discourages a subdivision event, it is not
necessarily in the City's interest or the public's interest. That event assures
an environmental study and requirement for a determination; makes
properties eligible for affordable housing exactions; makes properties
eligible for a park fee exaction; sets up opportunities for infrastructure
• exactions in connection with a tract map that may not otherwise occur; and
provides expanded opportunities for property dedication.
Among the rest of the growing county, there is an extraordinarily number
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of high quality smaller lot, smaller home subdivisions that would stand a test
of evaluation.
The BIA office has told me that they have not had adequate time to look
at the ordinance and they're continuing to do so now.
The BIA discourages specific development standards being included in a
subdivision ordinance with all the cumbersomeness of amending an
ordinance, and like to see design standards included in design manuals like
the Public Works manual.
To the extend that the appeal of a subdivision tract map is allowed to a
single vote for a council member to call up for review, we have opposed
that in every City we have been into because it trivializes the work of the
Commission.
The eligibility of credit on privately maintained open spaces, particularly
open spaces that may be available for the public, all of the planning studies
for the Banning Ranch have included an extensive, elaborate and expensive
public trail network along the bluff face. It appears to us that the standard
for criteria for crediting any of those. improvements against the park
improvements is limited to 0 to 20 %. It appears to be inconsistent with
what we read in the staff report. If further limits the discretion of the
decision making body to make intelligent judgments on the value of the
facilities, we think there are far more constituents and visitors interested in
the vistas from bluff top trails than we do for people roasting weinies in the
park. You would prohibit the subdivider from getting the credit for a
facility that may be a private facility that reduces pressure on taxpayer
owned facilities. The criterion does not identify trails as an eligible facility
of credit. I think it should be up to 50% discretionary eligibility.
Commissioner Gifford stated she recalls when the site of Newport North was developed, there are
public trails in there but it is a gated community and there is no sense of public access. Would we
need to put something in to make sure that public access is not an illusion or would the fact that you
have to make an application and it is not a right be considered?
Mr. Bettencourt responded that you would have to make an application. If it was a County
subdivision, you would file a Park Implementation Plan showing your proposed credit eligibilities.
Legitimately, you could draw a different standard as the ordinance purports to do already between
recreational facilities exclusively for the use of the residents versus those that are being provided by
the subdivider that are public property.
Commissioner Tucker asked how this process is going to work. Is staff going to work on these
comments and then come back to us to sort through? If it is going to be that way, then I would like
to see them in writing pointing me to specific sections and giving the rationale. In order for me to
make decisions on recommendations, I need to see something in writing.
Chairperson Selich then asked Mr. Bettencourt to supply any and all comments in writing as he is
speaking for at least three different entities (Banning Ranch, Weeda project, BIA). We need specific .
ideas and solutions.
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Mr. Bettencourt agreed.
Ms. Temple noted that coming from a point of allowing no open space credit currently, we do know
that the County allows credit up to 50 %. We thought adding some credit was fair, so we went part
of the way there. It is more a philosophic call than a working call. The basis for staff s hesitation has
to do with our overall deficits in active parkland. It is an ongoing problem for the City, for the
recreation programs citywide and as you note, Banning Ranch being the last big subdivision to come
through it also provides the last significant opportunity for the City to achieve a significant active
parkland to support those activities. It is that concern that led staff to a lower rather than higher credit
number. The City's principal goal is to achieve another 12 -15 acre community recreational facility
of a nature like Bonita Creek Park. That is not part of the proposal but at our current 5 acres per
1,000 rate, a 50% dedication in a single location would actually accomplish that goal. However, it
wouldn't in addition to that accomplish the goal of Sunset Ridge Park/CalTrans West.
Motion was made by Chairperson Selich to continue this matter to the second meeting in July.
Ayes: McDaniel, Agajanian, Selich, Gifford, Tucker
Noes: None
Absent: Kiser, Kranzley
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EXCERPT FROM JULY 19, 2001 PLANNING COMMISSION MINUTES
Subdivision Code Update (PA2001 -087) .
(Continued from 6- 21 -01)
Code Amendment No. 2001 -002: City initiated amendment to revise Revised Subdivision Code for
the City. A City initiated amendment to revise the City's Subdivision Code (Title 19 of the
Municipal Code) and to make related changes to Title 20 (Zoning Code), Title 13 (Streets, Sidewalks
and Public Property), and other Titles, in order to overhaul and update provisions governing
subdivisions throughout the City, including design, processing, improvements, condominium
conversions, lot mergers, and other matters
Ms. Temple noted that staff and the consultant were available to go through the presentation if the
Commission desired. She stated that Chairman Tucker had presented staff with a list of questions.
In regards to item 1, a letter from the Building Industry Association received today is at your chair.
Additionally, in regards to the issue of map extensions, Ms. Clauson can address that.
Commissioner Selich noted he would be interested on Ms. Clauson's position of imposition of new
conditions. 1 think 1 understand the rest of the issues and 1 would like to hear what the representative
of the B1A has to say.
Chairperson Tucker stated that there was a section that noted it was to be reviewed by the City
Attorney's office, has that been done? Ms. Clauson answered yes. Continuing, Chairperson Tucker
asked about flag lots that are side by side and use one driveway coming in and another going out.
Mr. Lawrence, consultant for the City answered that the flag lots might use ten feet of each lot to get
access. Each one of these lots has a lot in front of it between it and the street. The reason the
phrase,' serves no other properties', is in there to avoid where you have an alley access. It might be
appropriate in places such as Big Canyon to say, instead, `which serves no more than one other lot'.
You can expand the definition slightly.
Chairperson Tucker asked about the portion of the code that has to do with potential deviation from
sub - division standards, l asked if we couldn't just in that paragraph, 10.24.130DI end with the word
`chapter'.
Mr. Lawrence answered it would serve the same purpose without that extra verbiage.
Commissioner Selich asked about the imposition of new conditions. Ms. Clauson has reviewed this
language and is prepared to respond.
Ms. Clauson stated that the case law interpreting the provisions to allow for extensions is clear that
you cannot impose new conditions on an approved tentative map in conjunction with an extension
of time. Discretion is only as to whether nor not to extend. There are some discussions that 1 have
read that talk about having some source of factors to determine whether or not to extend. 1 think that
if the Commission was inclined, we could look at taking the language that discusses additional .
conditions and turn it into the factors to be considered on an extension. 1 don't think we can have
the language as it is. 1 have tried to come up with some alternative suggested language if the
Commission wants to do this such as, `review of an application for extension under (a) above, the
decision making body may consider the tentative tract or tentative parcel map as previously
approved. It may consider whether the previous map would be injurious to the public health, safety
or welfare and whether conditions are identified by the City or subdivider, which would alleviate the
problems and that the subdivider agrees to such new conditions'. In other words, those factors could
be considered in determining whether or not to extend. The language in here says that you can
approve conditions and you shall deny it unless they agree, and I don't think you can actually deny
the extension based upon the failure to provide a condition. Continuing, she noted that it is her
understanding that what would prompt this would be something has occurred between the time that
the map was approved and when they are asking for an extension that makes that previous approval
now injurious to health, safety and welfare. You can't just allow for conditions to be imposed or you
don't get the extension. I do think that there is leeway for a Charter City to impose factors or
determinations on whether or not to extend that map.
Chairperson Tucker asked about the concept of lot mergers, which seems at this point in the City's
history, more theory than anything that has been applied. What is the evil we are attempting to
address here in this part of the revised code?
Mr. Lawrence answered that the heading instead of `undeveloped lots', should read `development
status' as it is clear in the passage that we are talking about undeveloped lots and lots that have been
partially developed some with accessory buildings. To answer the other question, the evil that is
trying to be addressed is the fact that in this City, as in other cities, there are lots that are now
. substandard that may or may not have been substandard back when they were created and don't have
the necessary width or area for reasonable development as surrounding lots may have. That is why
it is addressed to such a degree and extent and detail in the Subdivision Map Act, this provision for
required mergers, which by the way is where the 5,000 square foot lot threshold comes from, directly
from the Subdivision Map Act.
Chairperson Tucker noted that if those circumstances exist, we have the findings provision to then
be able not to have to do a merger. Continuing, he referred to 19.68.040 A, we have the 5,000
square foot lot as part of the Subdivision Map Act, but if lots in the area are generally less than 5,000
square feet, then we have a lot of potentially substandard lots.
Mr. Lawrence noted that is one factor out of many that might be used to justify requiring a lot
merger. That factor could be taken out as a finding to compel a merger and placed separately as a
threshold.
Continuing, Chairperson Tucker noted:
• the term tenant or resident seemed redundant. Mr. Lawrence answered that the word tenant
is there because they may be adjacent to non - residential development where you perhaps
would have tenants of an office complex that are not residents;
• A renumbering suggestion for 19.68.040 B 4 -6;
• Modification Committee deciding if it wants to yield something over to the Planning
Commission, there was no indication what the criteria might be. Mr. Lawrence answered
• that in some places like the County, that if the decision determines that the public interest
would be better served by referring the item to the Planning Commission. The idea is of
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course if it is a controversial item.
• Eight (8) or fewer parcels to be handled by way of Modifications Committee decision as
opposed to going to the regular sub - division process for non - residential. Ms. Temple
answered that the Subdivision Map Act may make the provision for non - residential and if
that were the case, we certainly would not have a problem making that change. Mr.
Lawrence added that it does, refer to 19.08.020, (When Tract Maps Required). Verbatim
from the Map Act it specifically allows parcel maps be used for non - residential projects that
have more than 4 units provided they have access to the public street.
Commissioner Agajanian referred to 19.024 -2 Design Criteria regarding the minimum width for
local streets at 56 feet. He stated he would like the Commission to consider moving that back up
to 60 feet, the higher standard. He asked also for consideration at Subsection 4 for the street grades
to not allow 10% grade on local streets.
If there is ever a need for greater than that in terms of slope or desire to have lesser right of way, then
the Planning Commission should consider it. He concluded stating he prefers to go with the higher
standard than the lower standard.
Mr. Edmonston answered that regarding the 60 foot total right of way width, the concept in the
report is to narrow that to 56 feet so that you would retain 10 foot parkways on each side of the
street. If we stick with a 36 -foot curb -to -curb street width for residential street and the 60 -foot right
of way, it would translate into a 12 -foot parkway, which is unusual. It could be done, but I don't
believe that we would actually go in and widen the street beyond the 36 feet as it was originally
constructed. If we needed to widen that additional 4 feet, with 10 feet on each side you would still •
have an 8 -foot parkway, which would be adequate for sidewalk and utility area. As far as the street
grades, the grade of a street is largely dictated by the topography of the area that is being developed.
There is not much left in the City that isn't developed anywhere, whether it is in a flat area or in the
more steeply graded areas. I am not sure there is a practical impact of whatever this number is, 7
or 10 %.
Commissioner Selich stated that 56 feet is the standard all over California. It is the right of way that
we are using and the one that makes sense. In terms of the street grades, that again is pretty much
standard as to what is going on. I don't have a problem with either one. I agree that it is not
problematic, given the land that is left to subdivide in the City.
Chairperson Tucker asked about Banning Ranch.
Mr. Edmonston answered that most of the area that is slated to be developed is fairly level. There
are some bluff roads going up from Coast Highway that will have a grade but I don't know what the
grade is at this point.
Chairperson Tucker noted he would be inclined to leave it as suggested. I don't sense a compelling
reason to change.
Public comment was opened.
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Phillip Bettencourt, spoke on behalf of BIA. He explained the letter that was distributed noting:
• Appeals — we believe that aggrieved parties should file their appeals and be heard. We do
not believe in a process that simply allows a single Councilmember without regard to the
merits to appeal a decision. In our opinion, this trivializes the work of the Planning
Commission. Those parties that are unhappy can file an appeal and go before the Council.
Let the majority rule.
• Extension — the notion to us of adding open -ended conditions on tract map extensions
violates the intent of the legislature in the first place in setting language for extensions and
leaves property owners or subdividers vulnerable to any theory of new conditions. Again,
it trivializes the notion of an extension as an extension is usually taking place because there
are changed economic conditions and we don't think conditions ought to apply to them.
• Park fees — we recommend a process in which there was wider latitude to make a decision
on park fee credits that a sub - divider might be entitled to if private facilities still serving a
property but not maintained at taxpayer expense were provided. The standard in the staff
report is zero to 20 %, which is really not much as you are allowed up to 50% under County
standards if you propose it.
• Recreational Trails - there is no recognition of trails being an eligible facility, so you could
provide an extensive public trail network and not receive any credit or the opportunity to
credit that against total park exactions. There are far more people in this City using the trails
network than there are going to parks. It is a far more valuable facility. If you had a 50%
standard, you are, in my opinion, assured of having enough funds for public formal sports
facilities.
• Mr. Lawrence stated that the Map Act says that an approved or conditionally approved Tentative
Map shall expire 24 months after its approval or conditional approval or after any additional period
of time as may be prescribed by local ordinance not to exceed an additional twelve months. We
reduced it from three to two years because that has been my experience elsewhere on the time -frame
that works best and is the current limit.
At Commission inquiry, Ms. Temple noted that the Subdivision Map Act allows for an approval up
to three years. In most of our approvals we say 24 months or another period authorized by the
Planning Commission. From staff s point of view we would have no problem stating 24 months or
an additional 12 months if approved by the Planning Commission.
Mr. Lawrence noted that the existing park dedication credit for other facilities is zero. The proposal
is to raise it to potentially 20 %. It is true some other places go up to 50% but it is your judgment
how much credit should be given as the maximum.
Commissioner Selich asked about the places that allow credit up to 50 %, are they Counties, Cities?
Do they have some difference in them versus the way the City of Newport Beach is organized?
Mr. Lawrence answered that he is familiar with cities especially the more recently incorporated ones,
which inherited the County standards. 1 believe the County allows up to 50% so these cities simply
retain that number.
Ms. Temple added that the City's Park Dedication Ordinance does not currently make any provision
d�
for credit for private recreation facilities. When we discussed whether to go to a credit and if so,
how far made sense for Newport Beach. From staff's perspective in particularly in light of the work
that we did with the PB & R Commission on the Recreation and Open Space Element is that the Park
Dedication Ordinance really as covered in State Law by the Quimby Act, is a tool to achieve
neighborhood parks /active recreational facilities. In Newport Beach that is one of our most highest
needs by way of where our deficiencies are and staff felt that while in certain cases certainly some
credit may be appropriate and should be considered, we felt that a more modest one because we
really do have a need and an interest in getting those active recreations facilities. A trail does
provide some utility for a community, but not the soccer field, baseball diamonds and other things
that we are so desperately short of
Chairperson Tucker noted that with a project that has this type of land involved, it probably in all
likelihood would be involved in a Development Agreement. The applicant would have an
opportunity at that point to try and negotiate further.
Ms. Temple added that any of the standards related to the Subdivision Code, an exception can be
requested and approved pursuant to those findings as well.
Commissioner Selich noted that the comments on the active recreation needs of the City are well
taken. He supports leaving this the way staff has written, as there are provisions for exceptions.
Mr. Lawrence noted that a design manual could address a lot of design considerations. We have
tried to give a framework of the major design factors like street grade and street width and through
the language have said that the radii shall be per the City's Design Criteria. That is a specific
reference to the design manual of the Public Works Department. We have tried to do what is
suggested in the BIA letter. There is no need to change the language.
Commissioner Selich stated he was in favor of removing the imposition of new conditions. The
provisions of the Map Act can stand on that point. My preference is to take it out and let the Map
Act provisions on extension stand.
Ms. Clauson noted her agreement of deleting 19.06.020C.
Public comment closed.
Chairperson Tucker asked the Commission if there was any support for Commissioner Agajanian's
proposed changes, he was answered no.
Motion was made by Chairperson Tucker to adopt Resolution 1533 recommending to the City
Council approval of Code Amendment 2001 -002 with the following changes:
• 19.16.020C to be deleted;
• 19.24.050 J I — language instead of being `serving only that lot', be changed to say, `access
way which serves no more than one other property';
• 19.24.130D I —end with the word, `chapter';
• 19.68.040B - be retitled, `Development Status';
0
dip
• 19.68.040B 4 to 6 —be renumbered as 1, 2 and 3;
Commissioner Kiser asked for a discussion on the recreational trails, adding them as recognized
facilities eligible for credit. If the trails go outside the development, they would be something that
is appropriate for credit as park space.
Commissioner Selich noted his agreement if they were public trails, that they should be eligible for
credit.
Commissioner Agajanian noted his support.
Commissioner Gifford asked if the intent was for credit only for that portion that is public?
Commissioner Kiser noted that the trails should be eligible facilities, particularly if they go in and
outside the development. I propose that the recreational trails be added because as they end up
getting approved they will go in and out of the development and available for public use.
Ms. Temple stated that trails' is a very broad term. Trails often include facilities for bicycles as well.
Would it be the intent of the Commission to allow credit for bicycle trail that is alongside an arterial
roadway that wasn't within the right of way width?
Chairperson Tucker noted that if it is in the public right of way, it is already given as the public right
of way, so I am assuming we are talking about something that is beyond the public right of way.
Ms. Temple noted that some clarity of intent to help write the language in a tight fashion so that the
development community understands what credit is allowed.
Chairperson Tucker noted that the intent is a public trail outside the public right of way.
Commissioner Selich stated that in the BIA letter reference to trails were public trails that would not
be eligible for any credit at all.
Mr. Bettencourt stated that the trails are not listed as the designated facilities. The city government
may not for one reason or another be willing to accept the maintenance of the public trail and it may
remain on private property and yet be fully opened to public use. All we are trying to do is get some
validation of the recognition that if the public enjoys the benefit of such a facility, that the subdivider
ought to be able to make application for some appropriate credit. It could still be privately
maintained but the notion is, it is open to the public.
Commission Kiser asked staff for a definition of recreational trails.
Ms. Temple noted the City of Newport Beach does not define that type of facility as a distinct
recreation type in the Recreation and Open Space Element. One other question on intent, assuming
it would be a publicly accessible trail whether it be publicly owned or privately owned and
maintained, would you want to set some percentage of limitation of that credit as well? In a project
like Banning Ranch I could see 100% of the park dedication credit being satisfied by the peripheral
trails along the bluff tops leaving the City with no opportunity to get any active recreational facility.
Chairperson Tucker clarified that the 20% credit is for the recreational trails as well as private
recreational facilities.
Commissioner Gifford asked when it referred to private park facilities, are those for private use or
are they on private land for public use?
Mr. Bettencourt answered that using the County as an example, they could be private facilities but
the notion is that they are reducing the burden on taxpayer owned facilities by being provided and
being maintained by a large -scale community. This is not a right; staff is simply identifying criteria
for making application to the Commission. It is still a discretionary act of the Planning Commission.
The County usually allows for privately maintained facilities which displace private needs but they
don't allow for things like exercycles for instance in an athletic club. Passive open space is not
eligible.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford, Kranzley, Selich
Noes: None
9
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ATTACHMENT 2:
PLANNING COMMISSION RESOLUTION RECOMMENDING
APPROVAL OF CODE AMENDMENTS
0
a
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE .
CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL APPROVAL OF A ZONING AMENDMENT,
INCLUDING A REVISED SUBDIVISION CODE (TITLE 19 OF
THE MUNICIPAL CODE) AND ACCOMPANYING
AMENDMENTS TO TITLES 13 AND 20
[CODE AMENDMENT 2001 -0021
WHEREAS, the City has initiated a Code Amendment to overhaul its subdivision
regulations and to make corresponding changes to other portions of the Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff
has completed an Initial Study, determined that the subject amendments will not have a significant
effect on the environment, and has accordingly prepared a draft Negative Declaration for the Code
Amendment; and
WHEREAS, on June 21 and July 19, 2001, the Planning Commission held a public hearing,
at which time the proposed Code Amendment was considered. A notice of time, place and purpose •
of the public hearing was duly given and testimony was presented to and considered by the Planning
Commission at the public hearing; and
WHEREAS, the Planning Commission of the City of Newport Beach finds and determines
as follows:
1. Environmental Review.
a. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared
for this project. After reviewing the Initial Study, the proposed Negative
Declaration, and all comments received during the public review process, the
Planning Commission finds that the project will not have a significant impact
upon the environment. All records pertaining to this environmental
determination are retained in the Planning Department of the City of Newport
Beach.
b. Pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), the
Planning Commission has determined that, after considering the record as a •
whole, there is no evidence that the proposed project will have the potential for
,� 0
any adverse effect on wildlife resources or the habitat upon which the wildlife
• depends. Furthermore, on the basis of substantial evidence, the Planning
Commission finds that any presumption of adverse impact has adequately been
rebutted and that the project is not subject to Fish and Game Department filing
fees.
2. Code Amendment. The Planning Commission fords that Code Amendment 2001 -002
will ensure the consistency of new subdivisions in the City with the General Plan in
that it will provide updated provisions which will serve to implement the policies and
standards of the General Plan.
3. ChanRes to Title 19 Draft. The following changes to the draft of Title 19 were
ordered by the Planning Commission at its meeting of July 19, 2001 and have
accordingly been incorporated into Exhibit "ZA -I ", forwarded to the City Council:
a.
Section 19.16.020:
Section deleted.
. b.
Sec.
19.24.050 -JI:
Redefine flag lot accessway as serving: "...no more
than one other property."
c.
Sec.
19.24.130-DI:
End sentence with the word "Chapter ".
d.
Sec.
19.68.040 -A1:
Change subsection heading to read: "Development
Status ".
e.
Sec.
19.52.080 -B:
Add provision for granting credit toward a
development's public park requirement for privately -
maintained recreation trails which are open to the
public and which connect to trails outside the
development.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission forwards Code
Amendment 2001 -002 to the City Council, with recommendations to adopt the Negative Declaration,
attached hereto as Exhibit "ND-l", and approve the Code Amendment, attached hereto as Exhibits
"ZA -1" (as amended) and "ZA -2 ".
• ADOPTED this 19" day of July, 2001 by the following vote, to wit:
2 '3I
Edward Selich, Chairman
Steven Kiser, Secretary
AYES:
NOES:
P
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1]
�l�
ATTACHMENT 3:
ORDINANCE APPROVING CODE AMENDMENTS
0
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A CODE AMENDMENT,
INCLUDING A REVISED SUBDIVISION CODE (TITLE 19 OF
THE MUNICIPAL CODE) AND ACCOMPANYING
AMENDMENTS TO TITLES 13 AND 20
[CODE AMENDMENT 2001 -002]
WHEREAS, the City has initiated a Code Amendment to overhaul its subdivision
regulations and to make corresponding changes to other portions of the Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff
has completed an Initial Study, determined that the subject amendments will not have a significant
effect on the environment, and has accordingly prepared a draft Negative Declaration for the Code
Amendment; and
WHEREAS, on May 17, June 21, and July 19, 2001, the Planning Commission of the City
of Newport Beach held a worksession and a public hearing regarding the proposed Code
Amendment and forwarded it to the City Council with a recommendation of adoption; and
WHEREAS, on August 28, 2001, the City Council of the City of Newport Beach held a
public hearing, at which time the proposed Code Amendment was considered. A notice of time,
place and purpose of the public hearing was duly given and testimony was presented to and
considered by the City Council at the public hearing.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: ENVIRONMENTAL REVIEW.
a. Pursuant to CEQA Guidelines Section 15063, an Initial Study has been prepared for
this project. After reviewing the Initial Study, the proposed Negative Declaration, and
all comments received during the public review process, the City Council finds that
the subject project will not have a significant effect on the environment and 9
� r�
l.._J
accordingly adopts a Negative Declaration for the project, attached hereto as Exhibit
"ND -1 ", reflecting the independent judgment of the City of Newport Beach. All
records pertaining to this environmental determination are retained in the Planning
Department of the City of Newport Beach.
b. Pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), the City
Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the
basis of substantial evidence, the Planning Commission finds that any presumption of
adverse impact has adequately been rebutted and that the project is not subject to Fish
and Game Department filing fees.
SECTION 2: CODE AMENDMENT. The City Council finds that Code Amendment
2001 -002 will ensure the consistency of new subdivisions in the City with the General Plan in that
it will provide updated provisions which will serve to implement the policies and standards of the
General Plan. In light of the preceding finding, the City Council hereby approves Code Amendment
2001 -002, attached hereto as Exhibits "ZA -1" and "ZA -2 ".
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting ofthe City Council ofthe City ofNewport
Beach held on August 28, 2001 and adopted on September 11, 2001 by the following vote, to wit:
2
3-15
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
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Ll
EXHIBIT ZA -1:
0 NEW SUBDIVISION CODE: TITLE 19
(INCLUDING CHANGES FROM 7119101
PLANNING COMMISSION MEETING)
Ll
0
TITLE 19: SUBDIVISION CODE CONTENTS
PART 1— INTRODUCTION
Chapter 19.04: General Provisions
19.04.010 Short Title
19.04.020
Purpose and Applicability
19.04.030
Compliance Required
19.04.040
Exclusions Per Map Act
19.04.050
Advisory Agencies and Appeal Boards
19.04.060
Parcel Maps and Tract Maps
19.04.070
Interpretation of Code Provisions
19.04.080 Enforcement
19.04.090 Definitions
PART 2 — TENTATIVE MAPS
Chapter 19.08:
Tentative Map Filing
19.08.010
When Tract Maps Required
19.08.020
When Parcel Maps Required
19.08.030
Waiver of Parcel Map Requirement
19.08.040
Tentative Map Application
19.08.050
Completeness of Application
19.08.060
Soils Reports
Chapter 19.12:
Tentative Map Review
19.12.010
Tentative Map Review Authority
19.12.020
Prefiling Conference
19.12.030
Review of Tentative Maps by Other Agencies
19.12.040
Environmental Review
19.12.050
Review of Tentative Tract Maps
19.12.060
Review of Tentative Parcel Maps
19.12.070
Required Findings for Action on Tentative Maps
19.12.080
Use of Regulations in Effect at Time of Map Filing
19.12.090
Amendments to Approved Tentative Maps
Chapter 19.16: Tentative Map Expiration and Extension
19.16.010 Expiration of Tentative Maps
19.16.020 Extension of Tentative Maps
Chapter 19.20:
Vesting Tentative Maps
19.20.010
Purpose
19.20.020
Vested Right to Proceed
19.20.030
Consistency of Vesting Map with Zoning
19.20.040
Filing and Review
19.20.050
Vesting Tentative Maps and Conditions Imposed
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0
08120/01
19.20.060 Expiration of Map and Right to Proceed
19.20.070 Amendments to Vesting Tentative Maps
PART 3 - SUBDIVISION DESIGN AND IMPROVEMENTS
Chapter 19.24: Subdivision Design
19.24.010 Streets and Highways
19.24.020 Access to Arterials
19.24.030
Sidewalks and Pedestrianways
19.24.040
Bikeways and Equestrian Trails
19.24.050
Lot Design
19.24.060
Coastal Zone Subdivisions
19.24.070
Landscaping
19.24.080
Slopes and Grading
19.24.090
Drainage and Erosion Control
19.24.100
Subdivision Boundaries
19.24.110
Energy Conservation
19.24.120
Design of Other Improvements
19.24.130
Deviation from Design Standards
Chapter 19.28:
Subdivision Improvements
19.28.010
General Improvement Requirements
19.28.020
Compliance with City Traffic Ordinances
19.28.030
Limitations on Parcel Map Improvements
19.28.040
Streets, Highways, and Related Improvements
19.28.050
Street Lighting
19.28.060
Water Supply
19.28.070
Sanitary Sewers
19.28.080
Storm Drains
19.28.090
Utility Undergrounding
19.28.100
Walls and Fences
19.28.110
Other Improvements
19.28.120
Improvement Oversizing
19.28.130
Waiver of Improvement Requirements
Chapter 19.32: Improvement Plans
19.32.010 Preparation and Submission of Improvement Plans
19.32.020 Review and Approval of Improvement Plans
19.32.030 Subdivider's Responsibility
Chapter 19.36:
Completion of Improvements
19.36.010
Improvement Agreements
19.36.020
Acquisition of Land for Offsite Improvements
19.36.030
Improvement Security
• 19.36.040
Reduction of Security with Special Assessments
19.36.050
Inspection and Acceptance of Improvements
19.36.060
Release of Security
-)9
08/20/01
19.36.070 Forfeiture of Security
Chapter 19.40:
19.40.010
19.40.020
19.40.030
19.40.040
19.40.050
PART 4 — DEDICATIONS AND RESERVATIONS
General Dedication Requirements
Dedication of Streets and Other Facilities
Coastal Access and Open Space Dedications
Waiver of Access Rights
Acceptance of Offers of Dedication
Certificates of Dedication and Reconveyance
Chapter 19.44:
General Reservation Requirements
19.44.010
Standards for Reservation of Land
19.44.020
Acquisition of Reserved Land
19.44.030
Termination of Reservation
Chapter 19.48: School Sites and Fees
19.48.010 Dedication of Elementary School Sites
19.48.020 Fees for Interim Classroom Facilities
19.48.030 High School Sites
Chapter 19.52:
Park Dedications and Fees
19.52.010
Purpose and Intent
19.52.020
Applicability
19.52.030
Use of Park Dedications and Fees
19.52.040
Parkland Standard
19.52.050
Determination of Land or Fee
19.52.060
Dedication of Land
19.52.070
Fee in Lieu of Dedication
19.52.080
Credit for Private Recreation Facilities
19.52.090
Timing of Dedications and Fees
PART 5 - FINAL MAPS
Chapter 19.56: Final Map Filing
19.56.010 Preparation of Final Maps
19.56.020 Final Map Application
19.56.030 Dedications
19.56.020 Survey and Monumentation
19.56.030 Completeness of Application
19.56.060 Multiple Final Maps
Chapter 19.60: Final Map Review
19.60.010 City Council Review
19.60.020 Acceptance or Rejection of Dedications
19.60.030 Payment of Taxes and Assessments
19.60.040 Recordation of Final Maps
0
•
�j�
19.60.050 Additional Information to be Recorded
• PART 6 — CONDOMINIUM CONVERSIONS
Chapter 19.64: Conversion of Rental Units to Ownership
19.64.010 Purpose and Intent
19.64.020 Definitions
19.64.030
General Requirements
19.64.040
Tenant Notification
19.64.050
Tenant Purchase Option
19.64.060
Review Procedures
19.64.070
Standards for Condominium Conversions
19.64.080
Modification or Waiver of Conversion Standards
19.64.090
Conversion Fees
19.64.100
Exemptions
19.64.110
Agreement to Retain Rental Housing
PART 7 - OTHER SUBDIVISION PROCEDURES
Chapter 19.68: Merger of Contiguous Lots
19.68.010 Purpose and Intent
19.68.020 Exemptions
• 19.68.030 Procedures for Required Mergers
19.68.040 Conditions for Required Mergers
19.68.050 Demolition Permits
19.68.060 Voluntary Mergers
Chapter 19.72:
Reversions to Acreage
19.72.010
Purpose and Intent
19.72.020
Initiation and Filing
19.72.030
Review Process and Findings
19.72.040
Conditions Imposed on Reversions
19.72.050
Recordation of Reversions
Chapter 19.76:
Lot Line Adiustments
19.76.010
Description
19.76.020
Procedures for Lot Line Adjustments
19.76.030
Required Findings
Chapter 19.80: Certificates of Compliance
19.80.010 Description
19.80.020 Review Per Map Act
C�
08/20/01
4 yr
Page 19.04 -1
General Provisions
PART 1— INTRODUCTION •
Chapter 19..04
GENERAL PROVISIONS
Sections:
19.04.010
Short Title
19.04.020
Purpose and Applicability
19.04.030
Compliance Required
19.04.040
Exclusions Per Map Act
19.04.050
Advisory Agencies and Appeal Boards
19.04.060
Parcel Maps and Tract Maps
19.04.070
Interpretation of Code Provisions
19.04.080
Enforcement
19.04.090
Definitions
19.04.010 Short Title
This Title shall be known as the "Subdivision Code" of the City of Newport Beach. All references •
herein to Chapters, Sections, Subsections, and Paragraphs shall, unless otherwise specified, mean
text in the Municipal Code of which this Title is a part. Similarly, all references herein to "this Title"
shall, unless otherwise specified, mean this Title 19.
19.04.020 Purpose and Applicahility (66411)
A. Consistency with Subdivision Map Act. It is intended that the provisions of this Title
19 shall be fully consistent and in full compliance with the Subdivision Map Act
(Division 2 of Title 7 of the California Government Code), and that such provisions
shall be so construed. In case of conflict between the provisions of this Title and
those of the Subdivision Map Act, the latter shall control.
B. Purpose. This Title is enacted for the purpose of adopting tract and parcel map
regulations in accordance with the Subdivision Map Act. More specifically, the
subdivision regulations contained herein are intended to promote:
1. The creation of subdivisions which are consistent with and serve to
implement the policies and provisions of the General Plan.
2. The conservation of open space in the City. •
3. The protection of land owners, lot purchasers, and surrounding residents.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. LI CL
Page 19.04 -2
General Provisions
4. The provision of orderly and controlled growth within the City.
5. The provision of adequate traffic circulation, utilities, and other services.
6. The protection and stabilization of property values.
7. The preservation of the public health, safety, and general welfare.
C. Applicability. The provisions of this Title shall apply to subdivisions and related
matters addressed in the Subdivision Map Act for land entirely or partially within the
City of Newport Beach.
19.04.030 Compliance Required (66499.30)
A. No Sale, Lease, or Financine without Map. No person shall sell, lease, or finance any
parcel or parcels of real property or commence construction of any building for sale,
lease, or financing thereon, except for model homes, or allow occupancy thereof, for
which a final tract map or final parcel map is required by this Title, until the final
tract or parcel map thereof in full compliance with this Title has been recorded and
the City has been provided proof of recordation.
B. No Conveyance without Map. Conveyances of any part of a division of real property
for which a final tract map or parcel map is required by this Title shall not be made
by parcel or block number, initial, or other designation, unless and until such map has
been recorded by the County Recorder.
C. Subdivisions Under Previous Law. In accordance with Section 66499.30 of the
Subdivision Map Act, Paragraphs A and B of this Section do not apply to any parcel
or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or
sold or leased in compliance with or exempt from any law (including a local
ordinance), regulating the design and improvement of subdivisions in effect at the
time the subdivision was established.
D. Sales Conditioned on Final Map Allowed. In accordance with Section 66499.30 of
the Subdivision Map Act, nothing in this Section shall prohibit an offer or contract
to sell, lease, or finance real property or to construct improvements thereon where the
sale, lease, or financing or the commencement of construction is expressly
conditioned on the approval and filing of a final map as required by this Title.
E. Compliance Required for Permit Issuance. Compliance with the provisions of this
Title is a condition precedent to the issuance of a building permit or occupancy
certificate on any lot or parcel of land within the City.
19.04.040 Exclusions Per Map Act (66411, 66412 et seq., 66451.7)
A. Inapplicability. This Title does not apply to leases, conversions, transactions,
t13
Page 19.04 -3
General Provisions
conveyances, or other acts which are specifically designated as excluded by the
Subdivision Map Act, except that procedures for lot line adjustments shall be in
accordance with Chapter 19.76 of this Title.
B. Determinations of Exemption. In accordance with Section 66451.7 of the Subdivision
Map Act, determinations on whether a proposed action is exempt from review
pursuant to Section 66412 of the Subdivision Map Act or whether a parcel map may
be waived pursuant to Section 66428 of the SMA shall be made within 60 days of an
application being deemed complete.
19.04.050 Advisory Agencies and Appeal Boards (66415, 66416)
The Planning Commission is hereby designated as the City's Advisory Agency for review of
tentative tract maps and the Modifications Committee is designated as the City's Advisory Agency
for review of tentative parcel maps. The duties, responsibilities, and authority of each body shall be
as specified in Chapter 19.12. The Appeal Board for decisions of the Planning Commission shall be
the City Council and the Appeal Board for decisions of the Modifications Committee shall be the
Planning Commission.
19.04.060 Parcel Maps and Tract Maps (66411.1, 66428)
A tentative parcel map and final parcel map shall be required for any division of land which does
not require a tentative and final tract map pursuant to Section 66428 of the Subdivision Map Act.
Subject to the limitations on improvements associated with parcel maps set forth in Chapter 19.28
of this Code, form, content, design, and other requirements for parcel maps shall be the same as set
forth in this Title for tract maps. Further, as used in this Title, the term "tentative map" shall
encompass both tentative tract and tentative parcel maps, and the term "final map" shall encompass
both final tract and final parcel maps.
19.04.070 Interpretation of Code Provisions
A. Interpretations. Where uncertainty exists regarding the interpretation of any provision
of this Code or its application to a specific subdivision, project, or property, the
Planning Director shall determine the intent of the provision for all Chapters except
that the City Engineer shall determine the intent of provisions in Chapters 19.28
(Subdivision Improvements), 19.32 (Improvement Plans), 19.36 (Completion of
Improvements), 19.56 (Final Map Filing), 19.60 (Final Map Review), and any other
section in which the City engineer is specified as the relevant staff authority.
B. Appeals. Any interpretation of the provisions of this Code by the Planning Director
or the City Engineer may be appealed to the Planning Commission under the same
procedures as set forth in Chapter 20.95 of the Zoning Code.
tj `f
Page 19.04 -4
General Provisions
0 19.04.080 Enforcement (66499.32 et seq.)
A. Misdemeanor Violation. Any person-violating or causing the violation of any of the
provisions of this Title shall be guilty of a misdemeanor and shall be subject to
penalties as provided by law. Such person shall be deemed guilty of a separate
offense for each and every day during any portion of which any violation of this Title
is committed or continued.
B. Remedies for Violation. Any deed of conveyance, sale, or contract to sell real
property in violation of the provisions of this Title is voidable to the extent and in the
same manner as provided in Sections 66499.32 through 66499.36 of the Subdivision
Map Act. In addition, the City may elect other remedies for violation of this Title, as
provided in the SMA Sections cited above.
C. Enforcement Responsibility. It shall be the duty of the Planning Director or the
Director's authorized representative to enforce the provisions of this Title.
19.04.090 Definitions (66414 et seq.)
A. Meanings Same as Zonine Code and SMA. Unless otherwise defined in this Section,
terms used in this Title shall have the same meaning as applied to them in the Zoning
Code (Title 20) and the Subdivision Map Act. Also, certain terms used in this Title
shall correspond to equivalent terms in the Subdivision Map Act as shown below:
TERMS USED IN
THIS TITLE
Final tract map
Final parcel map
Tentative tract map
Tentative parcel map
EQUIVALENT TERMS IN
SUBDIVISION MAP ACT
Final map
Parcel map
Tentative map
Tentative map
B. Terms Defined. For the purposes of this Title, certain terms shall have the meanings
shown below:
Alley: A public or private way permanently reserved primarily for vehicular service
access to the rear or side of properties which otherwise abut on a street. An alley shall
not be considered a street. [Note: same meaning as in the Zoning Code.]
Building site: A parcel or contiguous parcels of land which constitute a site eligible
for building development under the requirements of Titles 19 (Subdivision Code) and
20 (Zoning Code).
City Engineer: The City Engineer of the City of Newport Beach, or the equivalent
Page 19.04 -5
General Provisions
position designated by the City for the purposes of carrying out the duties and
responsibilities of the City Engineer specified in this Subdivision Code, or the City
Engineer's designee.
Condominium: A condominium project, community apartment project, or stock
cooperative, as defined in Section 1351 of the California Civil Code.
Development: The uses to which the land which is the subject of a map shall be put,
the buildings to be constructed on it, and all alterations of the land and construction
incident thereto. [Note: same meaning as in the Subdivision Map Act.]
Desi n: (1) Street alignments, grades and widths; (2) drainage and sanitary facilities
and utilities, including alignments and grades thereof; (3) location and size of all
required easements and rights -of -way; (4) fire roads and firebreaks; (5) lot size and
configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or
recreational purposes; and (9) such other specific physical requirements in the plan
and configuration of the entire subdivision as may be necessary to ensure consistency
with, or implementation of, the general plan or any applicable specific plan. [Note:
same meaning as in the Subdivision Map Act.]
Design Criteria: Standards for public works design and improvements as embodied
in the current revisions of the City- adopted "Design Criteria, Standard Special
Provisions and Standard Drawings for Public Works Construction ", the "Standard
Specifications for Public Works Construction ", all applicable City Council Policies,
or successor standards to any of the above adopted by the City.
Driveway: A designated passageway providing vehicular access between a street and
a garage or carport, a designated parking area, or other driveway or street. A
driveway shall not be considered a street. [Note: same meaning as in the Zoning
Code.]
Final map: A final tract map or a final parcel map.
Final parcel map: A recorded subdivision map which is in substantial conformance
with an approved or conditionally approved tentative parcel map and which complies
with the provisions of this Subdivision Code and the Subdivision Map Act.
Final tract map: A recorded subdivision map which is in substantial conformance
with all or a portion of an approved or conditionally approved tentative tract map and
which complies with the provisions of' this Subdivision Code and the Subdivision
Map Act.
Improvement Any street work and utilities to be installed, or agreed to be installed,
by the subdivider on the land to be used for public or private streets, highways, ways,
and easements, as are necessary for the general use of the lot owners in the
�(6
Page 19.04 -6
General Provisions
subdivision and local neighborhood traffic and drainage needs as a condition
precedent to the approval and acceptance of the final map thereof. "Improvement"
also refers to any other specific improvements or types of improvements, the
installation of which, either by the subdivider, by public agencies, by private utilities,
by any other entity approved by the local agency, or by a combination thereof, is
necessary to ensure consistency with, or implementation of, the general plan or any
applicable specific plan. [Note: same meaning as in the Subdivision Map Act.]
Inundation: Ponded water or water in motion of sufficient depth to damage property
due to the presence of water or to the deposition of silt.
Lot: An area of land under one ownership which is identified as a lot or parcel on a
recorded final map, parcel map, record of survey recorded pursuant to an approved
division of land, certificate of compliance, or lot line adjustment. The terms "lot" and
"parcel" are interchangeable for purposes of this Code. [Note: same meaning as in
the Zoning Code.]
Lot Width: The mean of the horizontal distance between the side lot lines measured
at right angles to the lot depth at points 20 feet from the front lot line and 20 feet
from the rear lot line, or from the rearmost point of the lot depth in cases where there
is no rear lot line. [Note: same meaning as in the Zoning Code.]
0 Parcel: See "lot ".
Planning Director: The Planning Director of the City of Newport Beach, or the
Planning Director's designee.
Remainder parcel: That portion of a parcel of land which is not to be included within
the boundaries of the final parcel or tract map. A remainder parcel is not necessarily
a legal building site.
Right -of -way: A specifically defined area or strip of land, either public or private, on
which an irrevocable right of passage or use has been recorded.
Site: See "building site ".
Street: A public or private vehicular right -of -way, including local streets, commuter
streets, and arterial highways, but not including alleys, driveways, or off -road
bikeways. [Note: same meaning as in the Zoning Code.]
Subdivider: A person, firm, corporation, partnership or association who proposes to
divide, divides or causes to be divided real property into a subdivision for himself or
for others except that employees and consultants of such persons or entities, acting
in such capacity, are not "subdividers." [Note: same meaning as in the Subdivision
Map Act.]
q%
Page 19.04 -7
General Provisions
Subdivision: The division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease or
financing, whether immediate or future. Property shall be considered as contiguous
units, even if it is separated by roads, streets, utility easement or railroad rights -of-
way. "Subdivision" includes a condominium project, as defined in subdivision (f) of
Section 1351 of the Civil Code, a community apartment project, as defined in
subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more
existing dwelling units to a stock cooperative, as defined in subdivision (m) of
Section 1351 of the Civil Code. [Note: same meaning as in the Subdivision Map
Act.]
Subdivision Code: Title 19 of the City of Newport Beach Municipal Code, as most
recently amended.
Subdivision Man Act or SMA: Title 7, Division 2, Section 66410 et seq. of the
Government Code, State of California.
Tentative map or tentative subdivision map: A tentative tract map or a tentative
parcel map.
Tentative tract man: A map made for the purpose of showing the design and O
improvement of a proposed subdivision and the existing conditions in and around it
and need not be based upon an accurate or detailed final survey of the property.
Tentative parcel mat): A map made for the purpose of showing the design and
improvement of a proposed parcel map subdivision and the existing conditions in and
around it and need not be based upon an accurate or detailed final survey of the
property.
Vehicular access rights: the right of persons to gain entry or exit with a vehicle to or
from a street or driveway to or from abutting land.
Vesting tentative man: A tentative map which meets the requirements of Section
66452 of the Subdivision Map Act.
Zoning Code: Title 20 of the City of Newport Beach Municipal Code, as most
recently amended.
Y r
Page 19.08 -1
Tentative Map Filing
PART 2 - TENTATIVE MAPS
CHAPTER 19.08
TENTATIVE MAP FILING
Sections:
19.08.010
When Tract Maps Required
19.08.020
When Parcel Maps Required
19.08.030
Waiver of Parcel Map Requirement
19.08.040
Tentative Map Application
19.08.050
Completeness of Application
19.08.060
Soils Reports
19.08.010 When Tract Maps Required (66426)
Approval of a tentative and final tract map shall be required in accordance with this Title 19 for any
subdivision creating 5 or more parcels, 5 or more condominiums as defined in Section 783 of the
California Civil Code, a community apartment project containing 5 or more parcels, or for the
conversion of a dwelling to a stock cooperative containing 5 or more dwelling units, except for those
activities excluded by Section 19.04.040, or where:
A. The land before division contains less than 5 acres, each parcel created by the
division abuts upon a maintained public street or highway and no dedications or
improvements are required by the City; or
B. Each parcel created by the division has a gross area of 20 acres or more and has
approved access to a maintained public street or highway; 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 City 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; or
E. Until January 1, 2003, the land being subdivided is solely for the creation of an
environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.
0
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. Y I
Page 19.08 -2
Tentative Map Filing
A tentative and final parcel map shall be required for those subdivisions described in A through E
preceding.
19.08.020 When Parcel Maps Required (66412, 66426, 66428)
A. When Required. Approval of a tentative and final parcel map shall be required in
accordance with this Title for any subdivision creating 4 or fewer parcels and for any
subdivision which requires a parcel map pursuant to Section 19.08.010, except for
those activities excluded by Section 19.04.040, or for:
Subdivisions of a portion of the operating right -of -way of a railroad
corporation, defined by Section 230 of the California Public Utilities Code,
which are created by short-term leases terminable by either party on not more
than 30 days notice in writing; or
2. Land conveyed to or from a governmental agency, public entity, or public
utility, or for land conveyed to a subsidiary of a public utility for conveyance
to such public utility for rights -of -way, unless a showing is made by the City
in individual cases, upon substantial evidence, that public policy necessitates
a parcel map; or
Lot line adjustments which are exempt from parcel map requirements in
accordance with Section 66412 of the Subdivision Map Act. Lot line
adjustments shall be processed in accordance with Chapter 19.76.
In addition to the preceding situations, the requirement for a parcel map may be waived
in accordance with the provisions of Section 19.08.030
B. Improvement Requirements. Parcel map improvement requirements shall be limited
to those specified in Chapter 19.28.
19.08.030 Waiver of Parcel Map Requirement (66428)
A. Activities Elieible for Waiver. The Modifications Committee may waive all or part
of the requirements for a tentative and final parcel map in the following cases:
Division of real property or interests therein created by probate, eminent
domain procedures, partition, or other civil judgments or decrees; or
2. Division of real property resulting from the conveyance of land or any interest
therein to or from the City or other public entity for public purposes, such as •
school sites, public building sites, or rights -of -way or easements for streets,
sewers, utilities, drainage, and similar facilities; or
Page 19.08 -3
Tentative Map Filing
0 3. Voluntary mergers resulting in the net elimination of no more than one parcel.
B. Filing Requirements. Application for a parcel map waiver shall be made on forms
provided by the Planning Department and shall include such items as may reasonably
be required to make the necessary findings. A filing fee shall be paid as established
by resolution of the City Council.
C. Required Findings. In waiving a parcel map requirement, the Modifications
Committee shall make findings that the proposed division of land complies with
requirements as to area, improvement and design, flood water drainage control,
appropriate improved public roads, sanitary disposal facilities, water supply
availability, environmental protection, and other applicable requirements of this
Subdivision Code, the Zoning Code, and the General Plan.
D. Conditions on Parcel Maw Waiver. The Modifications Committee may condition the
waiver of parcel map requirements to provide for, among other things, payment of
parkland, drainage, and other fees required for subdivisions by this Subdivision
Code.
E. Certificate of Compliance Upon Parcel Map Waiver. Upon approval of a parcel map
waiver, the applicant shall file a certificate of compliance with a site map for
recordation with the County Recorder.
19.08.040 Tentative Map Application (66451.2, 66452)
A. Filin . Tentative maps shall be filed with the Planning Department by a record owner
or owners of the property to be divided or by their authorized agents. The required
number of copies of the tentative map shall be as promulgated in writing by the
Planning Director.
B. Application Fee. The tentative map shall be accompanied by the required application
fee(s), as established by resolution of the City Council. Such fees shall be in
accordance with Section 66451.2 of the Subdivision Map Act and shall not exceed
the amount reasonably required to administer the provisions of this Title.
C. Form and Content. Tentative tract and tentative parcel maps shall be prepared by a
civil engineer registered in the State of California in accordance with the Subdivision
Map Act and this Code. Tentative maps shall be in map form in size, scale, and
format as specified by the Planning Director, and shall be accompanied by other
reports, exhibits, information, and materials as required by the Director. The Director
. shall provide application forms and a list of required tentative map information on
request.
St
Page 19.08 -4
Tentative Map Filing
D. Flood Hazard Areas. All tentative maps shall identify any flood hazard area and
elevation of the base flood.
19.08.050 Completeness of Application (65943)
A. Determination of Completeness. Not later than 30 calendar days after receipt of a
tentative map application, the Planning Department shall determine whether the
application is complete and shall immediately transmit the determination in writing
to the applicant. If the written determination of completeness is not made within 30
days after receipt of the application and the application includes a statement that it
is an application for a development permit, the application shall be deemed complete
for purposes of this Title.
B. Reasons for Incompleteness. an application is determined to be not complete, the
notification to the subdivider shall identify those parts of the application which are
incomplete and shall indicate the manner in which they can be made complete. Other
details regarding determination of completeness of subdivision applications shall be
in accordance with Section 65943 of the Government Code.
C. Time Limits for Review. Time limits for review and for decisions regarding
subdivision applications shall be in accordance with Chapter 19.12. •
19.08.060 Soils Reports (66490, 66491)
A preliminary soils report prepared to the satisfaction of the City Engineer by a civil engineer
registered in California shall be submitted with all tentative maps. However, the requirement for a
soils report may be waived if the City Engineer determines that, due to existing information on the
soil and geological qualities and topography of the property to be subdivided, no such report or
reports are necessary. Conversely, if the preliminary soils report indicates the presence of critically
expansive soils, the presence of deleterious chemicals, or other soil problems, the City Engineer may
require additional tests as indicated in Section 66491 of the Subdivision Map Act.
•
Page 19.12 -1
Tentative Map Review
0 CHAPTER 19.12
TENTATIVE MAP REVIEW
Sections:
19.12.010 Tentative Map Review Authority
19.12.020 Prefiling Conference
19.12.030 Review of Tentative Maps by Other Agencies
19.12.040 Environmental Review
19.12.050
Review of Tentative Tract Maps
19.12.060
Review of Tentative Parcel Maps
19.12.070
Required Findings for Action on Tentative Maps
19.12.080
Use of Regulations in Effect at Time of Map Filing
19.12.090
Amendments to Approved Tentative Maps
19.12.010 Tentative Map Review Authority
The Planning Commission shall have the authority to approve, conditionally approve or deny
tentative tract maps. The Modifications Committee shall have the authority to approve, conditionally
approve or deny tentative parcel maps. Appeals from actions of the above reviewing bodies shall be
processed in accordance with Sections 19.12.050 and 19.12.060.
19.12.020 Prefiling Conference
Prior to the submission of a tentative map, the subdivider may submit to the Planning Department
maps, plans, and other information concerning the proposed subdivision. The Department shall
thereupon schedule a conference with the subdivider to provide information and recommendations
regarding the subdivision design, grading, required improvements, and related matters. Such a pre -
filing conference is optional to the subdivider and shall not be a prerequisite to filing a tentative map.
19.12.030 Review of Tentative Maps by Other Agencies (66453 et seq.)
Within 5 days of a tentative map being determined to be complete pursuant to Section 19.08.050,
copies of the map shall be sent to all local and state agencies prescribed by Sections 66453 et seq.
of the Subdivision Map Act for the opportunity to comment on the proposed tentative map. In
addition, copies of the tentative map shall be sent for comment to all utilities and similar service
entities which the Director deems may be affected by the proposed subdivision.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code.
Page 19.12 -2
Tentative Map Review
19.12.040 Environmental Review (66452.1)
A. Subdivider's Responsibilities. The subdivider shall submit information as required
by the Planning Director sufficient to permit environmental review of the project in
accordance with the California Environmental Quality Act, the Zoning Code, and
City procedures. The subdivider shall also pay all fees required for the completion
of environmental review, including but not limited to, the preparation of an
environmental impact report if required.
B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Planning
Director shall determine if the parcel map is categorically exempt from
environmental review pursuant to Section 15315 of the California Environmental
Quality Act Guidelines.
C. Mitigation Measures. In conjunction with adoption of an environmental impact report
or negative declaration, the City may impose mitigation measures as conditions of
approval on a tentative tract or parcel map in order to mitigate a project's
environmental impacts.
19.12.050 Review of Tentative Tract Maps (66451.1, 66452.1 et seq., 66474.9)
A. Review by Planning Commission. Tentative tract maps shall be reviewed and acted
on by the Planning Commission. Decisions by the Planning Commission shall
become final 14 days after the action unless appealed or called up for review within]
the time limits specified in this Section.
B. Staff Report. After review and analysis of a tentative tract map, the Planning Director
shall forward a report, together with a recommendation of approval, approval subject
to conditions, or denial, to the Planning Commission. Also, at least three days prior
to any hearing or action on the tentative map, the staff report shall be sent to the
subdivider, to each owner of the subject property if other than the subdivider, and,
in the case of a proposed conversion to a condominium, community apartment, or
stock cooperative project, to each tenant of the subject property.
C. Public Hearings. Public hearings shall be noticed and held in accordance with
Sections 65090, 65091, and 66451.3 of the California Government Code and City
procedures.
D. Time Limits for Action on Map.
Time Limits When No EIR is Required. If the City determines that no
environmental impact report (EIR) is required for review of a tentative tract •
map, within 50 days of the adoption of a negative declaration or other
determination that no EIR is required, the Planning Commission shall hold
1
Page 19.12 -3
Tentative Map Review
a public hearing to receive testimony and thereafter shall approve,
conditionally approve, or deny the tentative tract map within said 50 -day
period unless a time extension is mutually agreed upon pursuant to this
Section.
Time Limits When EIR is Required. If an environmental impact report is
prepared for the tentative tract map, the preceding 50-day time period shall
not commence until the date of certification of the environmental impact
report as complete.
E. Extension of Time Limits.
Extension by Mutual Consent. The time limits specified in this Chapter for
reporting and acting on maps may be extended by mutual consent of the
subdivider and the City.
2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider
makes an application pursuant to this Title, the Planning Director shall
determine whether or not the City is able to meet the time limits specified in
this Chapter for reporting and action on maps. If the Director determines that
such time limits cannot be met, the Director, upon request of the subdivider
and for the purpose of meeting such limits, may contract or employ a private
person or entity on a temporary basis to perform such services as necessary
to permit the City to meet such time limits, subject to the provisions,
requirements, and limitations of Section 66451.1 of the Subdivision Map Act.
F. Required Findines. In approving or denying a tentative tract map, the Planning
Commission shall make all applicable findings set forth in Section 19.12.070.
G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning
Commission within the time limits specified in this Section or within any authorized
extension thereof per this Section, the tentative tract map as filed shall be deemed to
be approved insofar as it complies with other applicable requirements of the
Subdivision Map Act and the City of Newport Beach Municipal Code. It shall be the
duty of the City Clerk to certify said approval.
H. No Denial to Comply with Time Limits. Pursuant to Section 66451.4 of the
Subdivision Map Act, no tentative map shall be denied in order to comply with the
time limits specified in this Section unless there are reasons for disapproval other
than the failure to timely act in accordance with the time limits specified in this
Section.
I. Appeals and Calls for Review.
1. Who May Appeal. In accordance with Section 66452.5 of the Subdivision
c-t
J J
Page 19.124
Tentative Map Review
Map Act, the subdivider, any interested person adversely affected, or any
tenant of the subject property in the case of a proposed conversion of
residential real property to a condominium, community apartment, or stock
cooperative project may appeal any action of the Planning Commission
regarding a tentative tract map to the City Council.
2. Calls for Review. In addition to the appeal provisions identified preceding,
the City Council may call up any decision by the Planning Commission
regarding a tentative map. Such calls for review may be initiated by any
member of the City Council and shall be conducted in accordance with this
Section. Time limits, hearing notices, action, and effect of inaction shall be
the same for calls for review as for appeals.
3. Time Limits for Filing. Appeals shall be filed with the Planning Director
within 14 days after the action of the Planning Commission, except that, in
accordance with Section 66452.6 of the SMA, the time limit for filing
appeals on denials of a tentative map extension shall be 15 days after the
action. Consistent with Chapter 20.95 of the Zoning Code, the time limit for
initiating a call for review by the City Council shall be 14 days. Upon the
filing of an appeal or a call for review, the original decision shall be stayed
and the matter shall be set for public hearing.
4. Hearing and Action. A public hearing shall be noticed and held prior to action
on a tentative map appeal. The appeal hearing shall be noticed in accordance
with Sections 65090, 65091, and 66451.3 of the California Government Code
and shall be held within 30 days after filing of the appeal. Within 10 days
following the conclusion of the hearing, the City Council shall render its
decision on the appeal.
5. Effect of Inaction. If the City Council does not make a decision on an appeal
within the time limits specified, the tentative map, insofar as it complies with
the Subdivision Map Act and this Title, shall be deemed to be approved or
conditionally approved as last approved or conditionally approved, and it
shall be the duty of the City Clerk to certify or state that approval.
J. Indemnification of City. Pursuant to Section 66474.9 of the Subdivision Map Act,
as a condition of approval of a tentative map the decision - making body may require
that the owner or designee defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City, its
agents, officers or employees to attack, set aside, void or annul the tentative map
approval and any associated approvals when such claim, action or proceeding is
brought within the time period provided under Section 66499.37 of the Subdivision
Map Act. The City shall notify the owner or designee of any claim, action or
proceeding and the City shall cooperate fully in the defense.
Page 19.12 -5
Tentative Map Review
0 19.12.060 Review of Tentative Parcel Maps (66451.1, 66463 et seq., 66474.9)
A. Review by Modifications Committee.
Authority. Tentative parcel maps shall be reviewed and acted on by the
Modifications Committee unless the Planning Director determines that the
public interest would be better served by review by the Planning
Commission. In such a case, the tentative parcel map shall be reviewed in the
same manner as tentative tract maps as set forth in Section 19.12.050.
2. Procedures. Decisions by the Modifications Committee shall become final 14
days after the action unless appealed or called up for review within the time
limits specified in Paragraph B of this Section. Provisions regarding staff
reports, public hearings, required findings, time limits, approval by inaction,
and legal indemnification shall be the same as for tentative tract maps as set
forth in Section 19.12.050.
B. Appeal of Modifications Committee Action.
1. Who May Appeal. The subdivider, any interested person adversely affected,
or any tenant of the subject property in the case of a proposed conversion of
residential real property to a condominium, community apartment, or stock
cooperative project may appeal any action of the Modifications Committee
regarding a tentative tract map to the Planning Commission, except that, in
accordance with Section 66463.5 of the SMA, an appeal of a denial of a
tentative parcel map extension shall be heard by the City Council.
2. Calls for Review. In addition to the appeal provisions identified preceding,
either the City Council or Planning Commission may call up any decision by
the Modifications Committee regarding a tentative parcel map. Such calls for
review may be initiated by any member of the City Council or Planning
Commission and shall be conducted in accordance with this Section. Time
limits, hearing notices, action, and effect of inaction shall be the same for
calls for review as for appeals.
3. Time Limits for Filing. Appeals shall be filed with the Planning Director
within 14 days after the action of the Modifications Committee, except that,
in accordance with Section 66463.5 of the SMA, the time limit for filing
appeals on denials of a tentative parcel map extension shall be 15 days after
the action. The time limit for initiating a call for review by the City Council
or Planning Commission shall be 14 days. Upon the filing of an appeal or a
call for review, the original decision shall be stayed and the matter shall be
set for public hearing.
v9
Page 19.12 -6
Tentative Map Review
4. Hearing and Action. A public hearing shall be noticed and held prior to action
on a tentative parcel map appeal. The appeal hearing shall be noticed in
accordance with Sections 65090, 65091, and 66451.3 of the California
Government Code and shall be held within 30 days after filing of the appeal.
Within 10 days following the conclusion of the hearing, the appeal body shall
render its decision on the appeal. If the appeal body does not make a decision
on the appeal within the time limits specified, the original decision shall be
deemed affirmed.
5. Further Appeal. Any action by the Planning Commission on a decision being
appealed or any decision deemed affirmed due to Commission inaction
within the specified time limits may in -turn be appealed to the City Council
in accordance with the procedures and time limits set forth in Section
19.12.050.
19.12.070 Required Findings for Action on Tentative Maps (66412.3, 66473 et seq.)
A. Required Findings for Approval. In approving a tentative tract map or tentative parcel
map, the decision - making body shall make all of the following findings:
That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with
applicable provisions of the Subdivision Map Act and this Subdivision Code.
2. That the site is physically suitable for the type and density of development.
That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat. However, notwithstanding
the foregoing, the decision - making body may nevertheless approve such a
subdivision if an environmental impact report was prepared for the project
and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
4. That the design of the subdivision or the type of improvements is not likely
to cause serious public health problems.
5. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision. In this connection, the
decision - making body may approve a map if it finds that alternate easements,
for access or for use, will be provided and that these easements will be
Page 19.12 -7
Tentative Map Review
• substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby
granted to the City Council to determine that the public at large has acquired
easements for access through or use of property within a subdivision.
6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision
Map Act, if the land is subject to a contract entered into pursuant to the
California Land Conservation Act of 1965 (Williamson Act), the resulting
parcels following a subdivision of the land would not be too small to sustain
their agricultural use or the subdivision will result in residential development
incidental to the commercial agricultural use of the land.
That, in the case of a `land project" as defined in Section 11000.5 of the
California Business and Professions Code: (a) there is an adopted specific
plan for the area to be included within the land project; and (b) the decision -
making body finds that the proposed land project is consistent with the
specific plan for the area.
8. That solar access and passive heating and cooling design requirements have
been satisfied in accordance with Sections 66473.1 and 66475.3 of the
. Subdivision Map Act.
9. That the subdivision is consistent with Section 66412.3 of the Subdivision
Map Act and Section 65584 of the California Government Code regarding
the City's share of the regional housing need and that it balances the housing
needs of the region against the public service needs of the City's residents and
available fiscal and environmental resources.
10. That the discharge of waste from the proposed subdivision into the existing
sewer system will not result in a violation of existing requirements prescribed
by the Regional Water Quality Control Board.
11. For subdivisions lying partly or wholly within the Coastal Zone, that the
subdivision conforms with the certified Local Coastal Program and, where
applicable, with public access and recreation policies of Chapter Three of the
Coastal Act.
B. Denial if Findings Not Made. If the decision - making body determines that one or
more of the findings listed in Paragraph A of this Section cannot be made, the
tentative tract or parcel map shall be denied.
57
Page 19.12 -8
Tentative Map Review
19.12.080 Use of Regulations in Effect at Time of Map Filing (66474.2) •
A. Regulations in Effect at Time Application Determined Complete. Except as otherwise
provided in Paragraphs B and C of this Section, the decision - making body, in
determining to approve or deny a tentative map application, shall apply only those
ordinances, policies, and standards in effect on the date that the City determined that
the application was complete pursuant to Section 19.08.050.
B. New Regulations Initiated Before Application Determined Complete. Paragraph A
of this Section shall not apply if the City, prior to determining a tentative map
application to be complete, has done both of the following:
Initiated proceedings by way of ordinance, resolution, or motion to amend
this Subdivision Code, the Zoning Code, the General Plan, any applicable
specific plan(s), or other applicable City regulations; and
2. Published a public hearing notice in accordance with California Government
Code Section 65090 containing a description sufficient to notify the public
of the nature of the proposed cltange(s) to this Code, the General Plan, any
applicable specific plan(s), or other City regulations.
If both conditions I and 2 preceding have been met, the City may apply any
ordinances, policies, or standards enacted or instituted as a result of those
proceedings which are in effect on the date the City approves or denies the tentative
map.
C. Changes to Regulations Requested by the Subdivider. If the subdivision applicant
requests changes to applicable ordinances, policies, or standards in connection with
the same development project, any ordinances, policies, or standards adopted
pursuant to the applicant's request shall apply.
19.12.090 Amendments to Approved Tentative Maps
A. Minor Amendments. Minor amendments to approved tentative tract or tentative
parcel maps or to any condition of approval thereon may be approved by the
Planning Director provided the Director determines that all of the following criteria
are met:
1. No lots, units, building sites, or structures are added to the project;
2. The changes involve no substantial change in lot configuration, street layout,
improvements, or conditions of approval; and .
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Page 19.12 -9
Tentative Map Review
• 3. The changes are consistent with the intent of the original tentative map
approval;
4. The resulting tentative map remains in conformity with this Subdivision
Code, other applicable provisions of the Municipal Code, and the Subdivision
Map Act.
A minor amendment shall not alter the expiration date of the tentative map unless an
extension is also approved in accordance with Chapter 19.16.
B. Major Amendments. If the Planning Director determines that a proposed amendment
to an approved tentative map or to any condition of approval thereon does not meet
the criteria for a minor amendment set forth in Paragraph A of this Section, the
Director shall require the filing of a map amendment application and fee. Such major
tentative map amendments shall thereupon be reviewed in the same manner as an
original tentative map application. If such a major amendment is approved, the
expiration date of the amended tentative map shall be determined from the date of
approval of the amendment.
•
Page 19.16 -1
Tentative Map Expiration and Extension
CHAPTER 19.16 •
TENTATIVE MAP EXPIRATION AND EXTENSION
Sections:
19.16.010 Expiration of Tentative Maps
19.16.020 Extension of Tentative Maps
19.16.010 Expiration of Tentative Maps (66452.6, 66463.5)
A. Expiration. An approved or conditionally- approved tentative tract map or tentative
parcel map shall expire 24 months after the date of its approval or conditional
approval.
B. Termination of Proceedings. The expiration of an approved tentative tract map or
tentative parcel map shall terminate all proceedings and no final map or parcel map
of all or any portion of the real property included within the tentative map shall be
filed with the legislative body without first processing a new tentative map. Once a
timely filing is made, subsequent actions of the City, including, but not limited to, •
processing, approving, and recording, may lawfully occur after the date of expiration
of the tentative map. Delivery of the final tract map or final parcel map to the City
Engineer shall be deemed a timely filing for purposes of this Section.
19.16.020 Extension of Tentative Maps (66452.6, 66463.5)
A. Review of Extensions. Upon application by the subdivider filed before expiration of
a tentative tract map or tentative parcel map, the original tentative map decision -
making body may extend the time at which the map expires for a period or periods
not exceeding a total of five years from the initial expiration date. Prior to expiration
of an approved tentative map, upon the application by the subdivider to extend the
map, the map shall be automatically extended for 60 days or until the application for
the extension is approved, conditionally approved, or denied, whichever occurs first.
If the decision - making body denies a request to extend a tentative map, the
subdivider may appeal the denial to the City Council (for both tentative tract maps
and tentative parcel maps) within 15 days after the denial in accordance with the
provisions of Sections 19.12.050 and 19.12.060.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code.
=Y
Page 19.16 -2
Tentative Map Expiration and Extension
B. Extensions Due to Public Improvement Obligations, Moratoriums and Lawsuits. In
addition to the extensions provided for in Paragraph A of this Section, the expiration
of tentative maps shall be deferred in the following cases pursuant to the detailed
provisions of Section 66452.6 of the Subdivision Map Act:
Public Improvements and Development Agreements. The tentative map shall
be automatically extended pursuant to Section 66452.6 of the SMA if the
subdivider is required to provide offsite public improvement requirements
above the dollar amount specified in SMA Section 66452.6. Extensions of
tentative maps on property subject to a development agreement shall also be
administered pursuant to that SMA Section.
2. Moratoriums. The period of time specified in Paragraph A of this Section,
including any extensions granted pursuant to Paragraph B -1, shall not include
any period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence. However, the length of the
moratorium shall not exceed five years.
3. Lawsuits. The period of time specified in Paragraph A of this Section,
including any extensions granted pursuant to Paragraph B -1, shall not include
any period of time during which a lawsuit, involving the approval of the
tentative map, is or was pending in a court of competent jurisdiction, if the
stay of the time period is approved by the City pursuant to Section 66452.6
of the SMA.
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Page 19.20 -1
Vesting Tentative Maps
CHAPTER 19.20 •
VESTING TENTATIVE MAPS
Sections:
19.20.010 Purpose
19.20.020 Vested Right to Proceed
19.20.030
Consistency of Vesting Map with Zoning
19.20.040
Filing and Review
19.20.050
Vesting Tentative Maps and Conditions Imposed
19.20.060
Expiration of Map and Right to Proceed
19.20.070
Amendments to Vesting Tentative Maps
19.20.010 Purpose (66498.1)
This Chapter is enacted to implement Chapter 4.5 of the Subdivision Map Act (Sections 66498.1 et
seq.). Whenever a provision of this Title 19 requires that a tentative tract map or tentative parcel map
be filed, a vesting tentative tract map or tentative parcel map may be filed instead.
•
19.20.020 Vested Right to Proceed (66498.1, 66498.5, 66474.2)
A. Right to Proceed with Development. The approval or conditional approval of a
vesting tentative map shall confer a vested right to proceed with development in
substantial compliance with the ordinances, policies, and standards described in
Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is
repealed, the approval or conditional approval of a vesting tentative map shall confer
a vested right to proceed with development in substantial compliance with the
ordinances, policies, and standards in effect at the time the vesting tentative map is
approved or conditionally approved.
B. City Retains Right to Condition or Deny_. Notwithstanding Paragraph A of this
Section, the City may condition or deny a permit, approval, extension, or entitlement
if it determines any of the following: (a) A failure to do so would place the residents
of the subdivision or the immediate community, or both, in a condition dangerous to
their health or safety, or both; (b) The condition or denial is required in order to
comply with state or federal law.
C. Expiration of Rights. The rights conferred by this Section shall expire if a final map
is not approved prior to the expiration of the vesting tentative map. If the final map
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. 4 !
Page 19.20 -2
Vesting Tentative Maps
is approved, the rights conferred by this section shall be subject to the periods of time
set forth in Section 19.20.060.
D. Vesting Map Filing Not a Prerequisite to Development Approval. If a subdivider does
not seek the rights conferred by this Section, the filing of a vesting tentative map
shall not be a prerequisite to any approval for any proposed subdivision, permit for
construction, or work preparatory to construction.
19.20.030 Consistency of Vesting Map with Zoning (66498.3)
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development
is inconsistent with the Zoning Code or Districting Maps in existence at that time, that inconsistency
shall be noted on the vesting tentative map. The City may deny a vesting tentative map or approve
it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning
Code or Districting Maps to eliminate the inconsistency. If the change in the Zoning Code is
obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding
Paragraph A of Section 19.20.020, confer the vested right to proceed with the development in
substantial compliance with the change in the Zoning Code or Districting Maps, as approved. The
rights conferred by this Section shall be subject to the periods of time set forth in Section 19.20.060.
! 19.20.040 Filing and Review
A. Map Title. A Vesting tentative map shall have the words "Vesting Tentative Map"
printed conspicuously on its face.
B. Application Requirements. Vesting tentative maps shall be accompanied by the same
supporting materials and shall conform to the same requirements as other tentative
maps, as set forth in Chapter 19.08, except as otherwise provided in Paragraph C of
this Section.
C. Additional Supporting Materials. At the time a vesting tentative map is filed, the
subdivider shall supply the following information in addition to that required of other
tentative maps per Chapter 19.08:
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
6,5
Page 19.20 -3
Vesting Tentative Maps
limited to fire access, on- and off -site sewer, water, drainage, roads and other
public improvements, meeting the approval of the City Engineer.
4. Detailed grading plans showing all existing and proposed contours and
elevations, meeting the approval of the City 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.
D. Review of Vesting Tentative Maps. Vesting tentative maps shall be subject to the
same review procedures as set forth for other tentative maps in Chapter 19.12. No
vesting tentative map shall be approved unless the decision - making body makes all
of the findings required for tentative map approval as set forth in Section 19.12.070.
19.20.050 Vesting Tentative Maps and Conditions Imposed (66498.1, 66498.6)
A. Conditions which May be Imposed. This Chapter does not enlarge, diminish, or alter
the types of conditions which may be imposed by the City on a development, nor in
any way diminish or alter the power of the City to protect against a condition
dangerous to the public health or safety.
B. Conditions of Approval During Subsequent Review Phases Not Limited. An
approved or conditionally- approved vesting tentative map shall not limit the City
from imposing reasonable conditions on subsequent required approvals or permits
necessary for the development and authorized by the General Plan, this Subdivision
Code, and other applicable ordinances, policies, and standards in effect at the time
the vesting tentative map is approved or conditionally approved.
C. Obligation to Comply with State and Federal Laws. The rights conferred by this
Chapter shall relate only to the imposition by the City of conditions or requirements
created and imposed by City ordinances. Nothing in this Chapter removes,
diminishes, or affects the obligation of any subdivider to comply with the conditions
and requirements of any state or federal laws, regulations, or policies and does not
grant the City the option to disregard any state or federal laws, regulations, or
policies.
19.20.060 Expiration of Map and Right to Proceed (66498.5)
A. Expiration of Map. Approved vesting tentative maps shall expire at the end of the
same time period and shall be subject to the same time extensions as established for
other tentative maps in Chapter 19.16. Is
166
Page 19.204
Vesting Tentative Maps
B. Effect of Vesting May Expiration. The rights conferred by this Section shall expire
if a final map is not approved prior to the expiration of a vesting tentative map.
C. Expiration of Right to Proceed. If the final map is approved, the right to proceed with
development conferred by this Section shall expire one year from the date of
recordation of the final map. Where several final maps are recorded on various
phases of a project covered by a single vesting tentative map, the one -year initial
time period shall begin for each phase when the final map for that phase is recorded.
D. Time Extensions for Right to Proceed. The one -year initial time period to proceed
with development shall be automatically extended by any time used by the City for
processing a complete application for a grading permit or for design or architectural
review if the time used by the City to process the application exceeds 30 days from
the date a complete application is filed. At any time prior to expiration of the initial
time period provided by this Section, the subdivider may apply to the original
decision - making body for a one -year extension. If the extension is denied, the
subdivider may appeal that denial to the City Council within 15 days pursuant to the
same procedures as for tentative maps set forth in Chapter 19.16.
E. Extension Via Application for Building Permit. If the subdivider submits a complete
application for a building permit during the time periods for proceeding with
development provided in this Section, the right to proceed with development shall
continue until the expiration of that permit or extension thereof granted by the City.
19.20.070 Amendments To Vesting Tentative Maps (66498.2)
A. Amendments in Response to Changes in City Policies or Standards. If the General
Plan, this Subdivision Code, or other applicable policies or standards of the City are
changed subsequent to the approval or conditional approval of a vesting tentative
map, the subdivider or the subdivider's assignee, at any time prior to the expiration
of the vesting tentative map, pursuant to Section 19.20.060, may apply for an
amendment to the vesting tentative map to secure a vested right to proceed with
development in accordance with said changes. The application for map amendment
submitted by the subdivider shall clearly specify the change in the General Plan, this
Subdivision Code, or other policies or standards for which the amendment is sought.
B. Amendment Filing Procedure. Proposed amendments to approved or conditionally -
approved vesting tentative maps, whether in response to changes in City policies or
standards or for any other reason, shall be filed and processed in the same manner as
for other tentative maps, as set forth in Chapter 19.12.
0
6�
Page 19.24 -1
Subdivision Design
PART 3 - SUBDIVISION DESIGN AND IMPROVEMENTS
CHATTER 19.24
SUBDIVISION DESIGN
Sections:
19.24.010
Streets and Highways
19.24.020
Access to Arterials
19.24.030
Sidewalks and Pedestrianways
19.24.040
Bikeways and Equestrian Trails
19.24.050
Lot Design
19.24.060
Coastal Zone Subdivisions
19.24.070
Landscaping
19.24.080
Slopes and Grading
19.24.090
Drainage and Flood Protection
19.24.100
Subdivision Boundaries
19.24.110
Energy Conservation
19.24.120
Design of Other Improvements
19.24.130
Deviation from Design Standards
19.24.010 Streets and Highways
A. Design Standards. Streets and highways in subdivisions shall conform to the
following design standards:
Arterials and Commuter Roads.
a. Arterial and commuter roads shall conform to the standards of the
Circulation Element of the General Plan with regard to width,
alignment, classification, and other design parameters. Increased
widths may be required if the decision - making body determines that
projected traffic volumes warrant such an increase.
b. If a proposed arterial or commuter road is not shown on the Master
Plan of Streets and Highways within the Circulation Element, the
tentative map decision - making body shall determine the appropriate
width and other design parameters for the road, based on its function
and projected traffic volumes.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code.
0
11
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Page 19.24 -2
Subdivision Design
•
C. Subdivisions shall be designed so as to limit vehicular access to arterial
and collector roadways.
Local Streets. Local streets with on- street parking on both sides shall have the
following minimum widths: 56 feet of right -of -way and 36 feet of curb -to-
curb pavement. Streets with parking on one side or no parking shall have 52
feet of right -of -way and 32 feet of curb -to -curb pavement.
3. Private Streets. Private streets may be approved at the discretion of the
tentative map decision - making body. Such streets shall be designed and
constructed to the same standards as public streets and shall conform to the
applicable City Council Policy on private streets with regard to width and
other design parameters. The subdivider shall provide for permanent
maintenance of all private streets.
4. Street Grades. No street or highway shall have a grade of less than 0.4
percent, reverse grade vertical curves excepted. Arterial highway grades shall
not exceed 6 percent and local street grades shall not exceed 10 percent
unless, because of topographical or other exceptional conditions, the City
Engineer determines that a steeper grade is necessary.
• 5. Centerline Radius. The centerline curve radius on all streets and highways
shall conform to the City's Design Criteria and shall be subject to approval
by the City Engineer.
6. Curb Radius. The curb radius at street intersections shall conform to the
City's Design Criteria. Property lines shall be designed to follow the curb
radius so as not to reduce parkway widths.
7. Length of Local Streets. Local streets shall not exceed 1,000 feet in
length without a significant change in alignment.
8. Dead -End Streets. 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, the street shall have a cul -de -sac with a
turn - around having a minimum radius which conforms to the City's Design
Criteria. No dead -end street shall exceed a length of 1,000 feet, measured
along the centerline from the center point of the turnaround to the centerline
intersection with the first connecting through street.
9. Extensions of Existing Streets All extensions of existing streets shall, as far
• as practicable, continue the existing street alignment by extension of the
center line or by means of a curved connection meeting the City Design
Criteria.
Page 19.24 -3
Subdivision Design
10. Right -Angle Intersections. Streets shall intersect one another at an angle as •
near to a right angle as practicable.
11. Streets Requiring Special Desig. Streets where grade separations or
exceptional terrain conditions prevail shall receive special attention,
including mitigation techniques or conditions of approval as necessary to
implement these regulations and the provisions of the General Plan.
12. Alleys. Alleys shall be minimum 20 feet in width and shall be designed and
constructed in accordance with City Design Criteria. The decision - making
body, in conjunction tentative map review, shall determine if alleys are to be
public or private.
13. Driveways. Driveways shall be designed and constructed in accordance with
City Design Criteria and the applicable City Council Policy on "Driveway
Approaches ".
14. Parkways. Parkways, street trees, and other frontage landscaping shall be
designed and constructed in accordance with City Design Criteria and with
tentative map conditions of approval, landscaping plans approved in
conjunction with tentative map review, and/or any applicable specific plan •
standards.
B. Street Names. Street names may be proposed by the subdivider and shall be approved
by the Planning Director, in consultation with the Fire Chief. Names shall be selected
which are not duplicates or near- duplicates of existing street names in the City and
which are reasonably pronounceable for purposes of identification and the provision
of emergency services.
C. Non - Subdivision Street Improvements. Street improvements and dedications required
for building construction not associated with new subdivisions shall be governed by
Chapter 13.05 (Street Improvements and Dedications).
D. Modification of Street Standards. No reduction in the street design standards set forth
in this Section shall be approved until after consultation with the City Traffic
Engineer regarding traffic flow and safety, and with the Fire Chief regarding
provision of fire and other emergency services. The street design standards may be
modified as follows: "
By the tentative map decision - making body if it determines that the
subdivider has conclusively shown that the topography or the small number
of lots served and the projected traffic volumes are such as to justify the
design modification(s).
16
Page 19.244
Subdivision Design
. 2. As provided for pursuant to specific plan or other provisions of Title 20
(Zoning Code).
3. As provided for in Section 19.24.130 of this Chapter (Deviation from Design
Standards).
19.24.020 Access to Arterials
A. Dedication of Access Rights. Vehicular access from land abutting an arterial or
collector road shall be restricted or limited by dedication of such vehicular access
rights to the City. In addition, the tentative map decision - making body may require
the dedication of access rights to public local streets except at street intersections.
Dedications of vehicular access rights shall be designated upon the title sheet of the
final tract map.
B. Residential Lots Abutting Arterials. Residential lots shall not take direct access
from arterial or collector roads and shall not front onto such roads unless
served by a common parking facility and driveway(s) designed in
accordance with Chapter 20.66 (Off -Street Parking and Loading Regulations)
and approved by the tentative map decision - making body. Alternatively, the
. decision - making body may require that access be provided via a frontage
road between an arterial road and the residential lots.
19.24.030 Sidewalks and Pedestrianways
A. Where Required. Sidewalk widths and design shall be in accordance with City
Design Criteria and shall be required as follows:
I. Along both sides of arterial highways;
2. Along all commercial and industrial frontage;
3. Along both sides of collector streets;
4. Along residential frontage where the required minimum lot size is less than
20,000 square feet;
5. Along all streets leading directly to a school, a designated school bus stop or
a park;
• 6. Where the sidewalk will provide a continuation or link between other
sidewalks, existing or planned;
11
Page 19.24 -5
Subdivision Design
Along streets designated as a "significant link" in the City's circulation •
system, as provided in Chapter 13.05 (Street Improvements and Dedications).
B. Waiver for Short Cul -de -Sacs. Sidewalk requirements may be waived by the tentative
map decision - making body for cul -de -sac streets less than 200 feet in length.
C. Walkway Obstructions. Fire hydrants, light standards and other above - ground
obstructions shall be located in back of sidewalks and shall comply with the City
Council Policy relating to "Encroachments on Public Sidewalks" so as not to
interfere with pedestrian traffic. This requirement may be modified if there is
insufficient right -of -way or easement width behind the sidewalk. In such cases,
above - ground facilities shall be located so as to minimize interference with
pedestrian traffic.
D. Additional Pedestrianways. Additional pedestrianways not abutting a street shall be
provided when determined necessary by the tentative map decision - making body for
access to schools, recreation and other public areas. These pedestrianways shall be
at least 5 feet in width.
19.24.040 Bikeways and Equestrian Trails
Where the Circulation Element of the General Plan or any City- adopted specific or precise plan •
designates a bikeway or equestrian trail as lying wholly or partially within any proposed subdivision,
the necessary right -of -way for the bikeway or equestrian trail shall be shown on the map in
compliance with such adopted plans, and bikeways shall be designed in accordance with the design
criteria and guidelines for City bikeways.
19.24.050 Lot Design
A. Lot Size. Lot area, width, dimensions, and other lot characteristics shall conform to
the applicable zoning district regulations as set forth in Title 20 (Zoning Code).
B. Lot Lines. Lots shall be designed so that side lot lines are approximately at right
angles or radial to the street centerline.
C. Access to Lots. Subdivisions shall be designed so that all lots or parcels shall have
access to a public or private street improved to the standards required by this Title.
D. Building Pad Locations. The City may require that building pad locations or
buildable area within any lot or parcel be shown on tentative and/or final maps.
•
11�_
Page 19.24 -6
Subdivision Design
E. Lot Numbering. Each lot or parcel being created by a subdivision shall be either
numbered or lettered. If it is numbered, it must comply with the requirements of a
buildable site as provided for in the Zoning Code.
F. Lettered Lots. Lettered lots or parcels may not be used as building sites and need not
comply with the requirements of a building site. Lettered lots other than streets shall
be labeled as to their intended use.
G. Lots in More than One District. A numbered lot which is proposed to be located in
more than one zoning district shall comply with area and width requirements of the
zoning district having the greater requirements.
H. Lot Lines at Top of Sloves. Unless determined infeasible or undesirable by the
tentative map decision - making body, side and rear lot lines shall be placed at the top
of manmade slopes.
I. Railroads and Other Rights -of -Way. Subdivisions abutting railroad lines, electric
transmission lines and open flood - control channels shall be designed so that the lots
do not front on nor have access to such rights -of -way.
J. Flap Lots.
1. Definition For purposes of this Code, "flag lot" and "panhandle lot" shall
both mean a lot having its only vehicular access by way of a narrow
accessway which serves no more than one other property and which is less
than 20 feet wide and more than 20 feet long.
2. Approval Criteria. Flag lots may be approved by the tentative map decision -
making body if it determines that the resulting lot pattern will be equal to or
superior than a standard lot design in terms of privacy, safety, lot usability,
and parking.
3. Minimum Lot Size. The narrow accessway portion of a flag lot shall not be
credited toward satisfying the minimum lot area requirements set forth in
Title 20 (Zoning Code).
19.24.060 Coastal Zone Subdivisions
A. Compliance with Local Coastal Program Required. Any proposed subdivision lying
wholly or partially within the coastal zone shall be designed to comply with and
implement the goals, policies, and various components of the Land Use Plan of the
0 applicable certified Local Coastal Program.
�3
Page 19.24 -7
Subdivision Design
B. Public Access and Open Space Areas. When the certified Local Coastal Program
indicates the location of a public accessway or of any permanent open space or
conservation area within the boundaries of a proposed subdivision, such accessway,
open space or conservation area shall be shown on the tentative map and offered for
dedication to the City. When an accessway, open space or conservation area is
already in existence at the time a tentative map is filed, the status of such accessway,
open space or conservation area, whether public or private, shall be identified on the
map.
19.24.070 Landscaping
The design of the areas listed below shall include landscaping for aesthetic, fire protection and/or
erosion control purposes:
A. Man -made slopes;
B. Common areas;
C. Roadway medians and parkway areas;
D. Lots containing existing significant trees or other plants proposed to be preserved;
E. Fuel modification areas;
F. Other open space areas.
19.24.080 Slopes and Grading M
A. Grading Plans. Grading plans shall be reviewed in conjunction with review of the
tentative subdivision map unless waived by the City. Grading plans shall conform
to Chapter 15.10 (Excavation and Grading Code), Title 20 (Zoning Code), any
applicable specific plan, and any applicable tentative map conditions of approval.
B. Slone Ratio. Man -made slopes shall be no steeper than that allowed by the
Excavation and Grading Code.
C. Slope Landscaping. All man -made slopes shall be provided with erosion - control
landscaping and irrigation, installed per plan approved by the City, immediately upon
completion of rough grading operations. The subdivider shall ensure effective
maintenance of all slope plantings and irrigation systems until such time as the lots
or parcels containing the slope are occupied or a homeowners association accepts
slope maintenance responsibility.
D. Design Standards for Man -Made Slopes. The following standards shall be met in
order to ensure that man -made slopes are designed for ease of maintenance and the
minimization of erosion, slope failure and unsightly conditions. These standards do •
not apply to man -made slopes 5 feet in height or less:
,) 1
Page 19.24 -8
Subdivision Design
1. All man-made slopes shall be shown on tentative maps and shall be classified,
labeled and designed as follows:
a. Type "A ": Those proposed to be maintained by a public agency or by
a group, such as a homeowners association, and which are located
either adjacent to an arterial highway or within a park, greenbelt, or
other public or common open space area.
b. Type "B ": Those proposed to be maintained by a group, such as a
homeowners association, and which are located within or adjacent to
individual owners and which are not within a park, greenbelt, or other
public or common open space area.
C. Type "C ": Those proposed to be maintained by individuals and which
are located within individual lots in such a manner that they are
inappropriate for maintenance by a group such as a homeowner's
association.
2. Man-made slopes shall be designed to resemble natural terrain where feasible,
with a minimum of long, flat, inclined plane surfaces and acute angles.
3. The maximum height of man-made slopes steeper than 5 feet horizontal to
1 foot vertical shall be as follows:
a. Type "A" and Type `B ": No maximum.
b. Type "C ": 20 feet. Man-made slopes shall not be constructed one on
top of another or combined in such a manner so that they exceed the
preceding maximum height. However, this limitation shall not apply
to adjacent slopes on land abutting the subdivision, provided there is
a visual and physical break of at least 10 usable feet, exclusive of
drainage facilities, between the top of the lower slope and the toe of the
upper slope.
4. Lettered lots shall not include Type "C" slopes.
19.24.090 Drainage and Flood Protection
A. Flood Protection. All subdivision proposals shall conform to the requirements of
Chapter 15.50 (Flood Prevention) and shall be designed so that public facilities such
as sewer, gas, electric and water systems located and constructed to minimize flood
damage.
15
Page 1924 -9
Subdivision Design
B. Flood Channels. If an existing or proposed flood control channel, as shown on an
officially adopted flood control plan, is located so that any portion of it lies within
or adjacent to a subdivision, the channel shall be illustrated on the tentative map as
a lettered lot in a width and in an alignment corresponding to the flood control plan.
C. Water Courses. The subdivider shall, subject to riparian rights, dedicate a
right -of -way for storm drainage purposes conforming substantially to the lines of any
natural water course or channel, stream or creek that traverses the subdivision. In
addition, the City may require dedication of further and sufficient easements or
constriction, or both, to dispose of such surface and storm waters.
D. Excavation and Gradine Code. Slope drainage shall conform to the provisions of
Chapter 1 5.10 (Excavation and Grading Code).
E. Drains eg Plan. Tentative maps shall show the existing and proposed manner in which
water will drain onto, across, and off of the land being subdivided, including the
facilities and easements necessary to accommodate the drainage.
F. Control of Surface Water. If a subdivision artificially concentrates or diverts surface
water running onto adjacent land, the tentative map shall illustrate the manner in
which such water will be accepted and disposed of
G. Toe Drains. In residential subdivisions, slopes over 10 feet of height shall be
provided with drainage devices along the toes of man-made slopes in addition to any
required intermediate slope drains.
H. Alternative Drainaee Designs. Where any lot is designed in such a manner that it will
not drain with a minimum I percent grade directly to a street or common drainage
facility, it shall conform to the following design criteria:
Lots shall be designed such that man-made slopes are not subject to sheet
flow or concentrated runoff from either the same or an adjacent lot.
2. All water flowing down man-made slopes, except that falling on each slope,
shall be constrained within an approved drainage device.
3. All water flowing from one lot to or across another lot shall be within an
approved drainage device located within a properly executed easement,
where appropriate.
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Page 19.24 -10
Subdivision Design
0 19.24.100 Subdivision Boundaries
A. No Exclusions to Avoid Dedication of Improvement. Regardless of its size, no
portion of any property shown on the latest equalized County assessment roll as a
unit or contiguous units shall be excluded from within the boundaries of a
subdivision for the purpose of avoiding dedication or improvement of any street,
drainage or flood control facility.
B. Conformity with Adjacent Properties. In order to minimize conflicts with adjacent
properties, the following subdivision design and other requirements shall apply:
Smooth Transition Required. Grading and other subdivision design features
shall provide for a smooth transition between the new subdivision and
surrounding properties along the subdivision's boundaries.
2. Drainage Alone Boundaries. Drainage facilities shall be installed along
subdivision boundaries to prevent erosion.
3. Boundaries to be Finished. Boundary areas for phased subdivisions shall not
be left unfinished in anticipation of the resumption of work on future phases.
4. Fencing of Construction Areas. Construction zones or other potentially
hazardous areas within a subdivision shall be fenced off as determined
necessary by the City.
19.24.110 Energy Conservation (66473.1)
In accordance with Section 66473.1 of the Subdivision Map Act, subdivisions of five or more lots,
other than condominium conversions, shall provide for, to the extent feasible, future passive or
natural heating or cooling opportunities in the subdivision.
19.24.120 Design of Other Improvements
Street lighting, water and sewer facilities, utility undergrounding, and similar improvements shall
be designed and constructed in accordance with Chapter 19.28 (Subdivision Improvements).
19.24.130 Deviation from Design Standards
A. Modified Standards Per Title 20 Provisions. Notwithstanding other requirements of
this Section, the tentative map decision - making body may approve projects with
different design standards than set forth in this Chapter if it determines that such
modified designs are specifically permitted pursuant to the provisions of planned
V
Page 19.24 -11
Subdivision Design
community, planned residential development, specific plan, or other regulations set
forth in Title 20 (Zoning Code).
B. Subdivider Justification. Proposed deviations from the standards of design contained
in this Chapter shall be identified by a note on the face of the tentative map. The
subdivider shall submit evidence of justification for each requested design deviation.
Special circumstances which may be cited to justify a deviation from design
standards include, but are not limited to, arguments that physical or topographical
constraints make the design infeasible, that the design standard would create results
contrary to the purposes of the City's design or improvement requirements, or that
the design standard would impose a burden on the subdivider not imposed on
comparable subdivisions.
C. Required Findings to Allow Deviation. A deviation from any of the design standards
set forth in this Chapter may be approved by the tentative map decision - making body
-if it makes all of the following findings:
7. The requested deviation(s) will create a land plan or development design
equal or superior to that under the baseline design standards in this Chapter;
8. The deviation(s) will not negatively impact the carrying capacity of the local
vehicular circulation network; 9
9. The deviation(s) will not negatively impact pedestrian circulation;
10. The resulting subdivision will be compatible with the pattern of surrounding
subdivisions;
11. The resulting subdivision design and improvements will be consistent with
the General Plan and any applicable specific plan, and will conform to the
Subdivision Map Act and all other provisions of this Subdivision Code.
12. The resulting subdivision design and improvements will not be materially
detrimental to the residents or tenants of the proposed subdivision or
surrounding properties, nor to public health or safety.
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Page 19.28 -1
Subdivision Improvements
CHAPTER 19.28
SUBDIVISION IMPROVEMENTS
Sections:
19.28.010
General Improvement Requirements
19.28.020
Compliance with City Traffic Ordinances
19.28.030
Limitations on Parcel Map Improvements
19.28.040
Streets, Highways, and Related Improvements
19.28.050
Street Lighting
19.28.060
Water Supply
19.28.070
Sanitary Sewers
19.28.080
Storm Drains
19.28.090
Utility Undergrounding
19.28.100
Walls and Fences
19.28.110
Other Improvements
19.28.120
Improvement Oversizing
19.28.130
Waiver of Improvement Requirements
19.28.010 General Improvement Requirements
The subdivider shall design and construct all required onsite and offsite improvements to permanent
line and grade in accordance with this Chapter 19.28, Chapter 19.24 (Subdivision Design), Chapter
19.36 (Completion oflmprovements), City Design Criteria, and applicable tentative map conditions
of approval. Improvements shall also be consistent with the General Plan, any applicable specific
plan, and with the applicable zoning regulations set forth in Title 20. No final tract or parcel map
shall be presented to the City Council for approval until the subdivider either completes the required
improvements or enters into an agreement with the City, pursuant to Chapter 19.36, to complete the
improvements.
19.28.020 Compliance with City Traffic Ordinances
In addition to the requirements of this Subdivision Code, subdividers shall comply with all
improvement requirements and other applicable provisions of Chapter 15.38 (Fair Share Traffic
Contribution Ordinance), 15.40 (Traffic Phasing Ordinance), and Chapter 15.42 (Major
Thoroughfare and Bridge Fee Program).
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. 7 I
Page 19.28 -2
Subdivision Improvements
19.28.030 Limitations on Parcel Map Improvements (66411.1) .
A. Limitation. In accordance with Section 66411.1 of the Subdivision Map Act,
improvement requirements for parcel maps creating 4 or fewer lots shall be limited
to the dedication of rights -of -way and easements, and the construction of offsite and
onsite improvements for the parcels being created. Requirements for the construction
of such offsite and onsite improvements shall be noticed by a statement on the parcel
map, on the instrument evidencing the waiver of the parcel map, or by a separate
instrument. Such improvement requirements shall be recorded on, concurrently with,
or prior to the parcel map or instrument of waiver of a parcel map being filed for
record.
B. Timing of Improvements. Fulfillment of parcel map construction requirements shall
not be required until the time a permit or other grant of approval for development of
the parcel is issued by the City or until the time the construction of the improvements
is required pursuant to an agreement between the subdivider and the City, except that
in the absence of such an agreement, the City may require fulfillment of the
construction requirements within a reasonable time following approval of the
tentative parcel map and prior to the issuance of a permit or other grant of approval
for the development of a parcel upon a finding by the City that fulfillment of the
construction requirements is necessary for either of the following reasons: (1) The
public health and safety; or (2) The required construction is a necessary prerequisite .
to the orderly development of the surrounding area.
19.28.040 Streets, Highways, and Related Improvements
A. Design and Construction. Right -of -way and roadway widths, street sections,
sidewalks, bikeways, trails, medians, parkways, street trees, driveways, and related
street facilities shall be designed, constructed, and dedicated in accordance with:
I. The Circulation Element's Master Plan of Streets and Highways;
2. The provisions of Chapter 19.24 (Subdivision Design);
3. The conditions of approval imposed on the tentative tract or parcel map; and
4. City Design Criteria.
B. Private Streets. Private streets shall be designed and constructed to the same
standards as public streets and shall conform to the applicable City Council Policy
on private streets with regard to width and other design parameters. The subdivider
shall provide for permanent maintenance of all private streets.
19.28.050 Street Lighting
Street lighting shall be provided along the roadways and at the intersections of all arterial highways •
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Page 19.28 -3
Subdivision ]mprovements
• and local streets in accordance with the illumination levels specified in the City Design Criteria,
except as otherwise approved by the City Engineer. For sidewalks 6 feet wide or less, street lights
shall be placed behind the sidewalk unless there is insufficient right -of -way or easement width to
do so. In such cases, above - ground facilities shall be located so as to minimize interference with
pedestrian traffic.
19.28.060 Water Supply
Each unit or lot within the subdivision shall be served by a domestic water system approved by the
City Engineer. On -site water facilities shall be designed and constructed in accordance with the latest
City- adopted revision of the Uniform Plumbing Code. Fire hydrants and fire flow capacity shall be
approved by the Fire Chief. Water facilities and connections shall be in accordance with Title 14
(Water and Sewers).
19.28.070 Sanitary Sewers
A. Public Sewer Connection Required. All lots intended for building development shall
be connected to a public sewer system. No septic tank or cesspools will be permitted.
Sewer facilities shall be designed and constructed in accordance with City standards,
• the applicable provisions of Chapter 14.24 (Sewer Connection, Permits), and the
latest revision of the Uniform Plumbing Code. Sewer cleanouts shall be provided to
the satisfaction of the City Engineer.
B. Sewer Easements. Sewer easements shall be provided as required by the City
Engineer. No structure shall be placed on any part of such an easement except those
structures directly related to the purpose of the easement.
19.28.080 Storm Drains
A. Drainage Improvements. The subdivider shall design and construct, to the satisfaction
of the City Engineer, and in accordance with the current revision of the City's Master
Drainage Plan, all drainage facilities, including open and closed channels, catch
basins, manholes, junction structures, desilting basins, and similar facilities,
necessary for the removal of surface water from the subdivision and protection of off-
site properties. In addition, interim drainage improvements for removal of surface
water during subdivision construction may be required by the City Engineer.
B. Drainage Capacity. The storm drain system shall be designed for the ultimate
development of the subdivision and its watershed and shall be capable of collecting
. and conveying runoff in accordance with the standards of the Los Angeles County
Flood Control District.
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Page 1928 -4
Subdivision Improvements
C. Drainage Fees. In addition to the improvements required by this Section, the
subdivider shall pay storm drainage fees for master plan facilities in accordance with
City Council resolution.
D. Drainage Easements. Easements for underground storm drains and surface drainage
shall be provided as required by the City Engineer. No structure shall be placed on
any part of such an easement except those structures directly related to the purpose
of the easement.
E. Flood Protection. Subdivision design and improvements shall provide for protection
against flooding and inundation in accordance with Chapter 15.50 (Flood Damage
Prevention).
19.28.090 Utility Undergrounding
A. Undergrounding Required. Utility lines, including but not limited to, electric,
communications, and cable television, shall be placed underground. The subdivider
shall make the necessary arrangements with the utility companies for the installation
of such facilities. Underground utility lines may be located in street or alley
rights -of -way or along lot lines.
B. Undergrounding Prior to Street Surfacing. All underground utilities, water lines, •
sanitary sewers, and storm drains installed in streets or alleys shall be constructed
prior to the final surfacing of such street or alley. Service connections for all such
underground facilities shall be laid to sufficient length so as to avoid the necessity
for disturbing the street or alley improvements when individual service connections
are made.
C. Above - Ground Equipment. 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,
provided they are not located on a sidewalk or pedestrianway and are approved by
the City Engineer.
D. Temporary Above - Ground Lines. Above - ground installation of utilities shall
be permitted on a temporary basis when such utilities are required during
construction; provided, however, that such utilities shall be removed or
placed underground prior to the final exoneration of street improvement
bonds.
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Page 19.28 -5
Subdivision Improvements
0 19.28.100 Walls and Fences
The subdivider shall provide a masonry, concrete, or stucco wall, approved by the tentative map
decision - making body, along the exterior boundary of every lot which is adjacent to a freeway,
railroad right -of -way, electric transmission line right -of -way, or open drainage channel. In addition,
in conjunction with the approval of any tentative map, the decision - making body may require walls,
with or without buffer landscaping and irrigation, along other subdivision boundaries, between lots,
or between any lot and any public street. Wall design shall conform to the applicable City Council
Policy relating to "Sound Attenuation Walls ".
19.28.110 Other Improvements
Other subdivision - related improvements, such as but not limited to traffic signals, pavement
markings, landscaping, monumentation, walkways, bikeways, equestrian trails, or fees in lieu of any
of the foregoing, shall also be required as determined by the City in accordance with this Code the
General Plan, tentative map conditions of approval, and City Design Criteria.
19.28.120 Improvement Oversizing (66485 et seq.)
• A. Oversizine. In accordance with Section 66485 of the Subdivision Map Act, the
subdivider may be required to install improvements for the benefit of the subdivision
which may be of supplemental size, capacity, or number as will benefit property not
within the subdivision, such improvements to be a condition precedent to the
approval of a tentative tract or tentative parcel map, and, thereafter, to dedicate such
improvements to the public. Supplemental length may include minimum sized offsite
sewer lines necessary to reach a sewer outlet in existence at that time.
B. Reimbursement. In accordance with Sections 66486 and 66487of the Subdivision
Map Act, in the event of the installation of oversized improvements pursuant to this
Section, the City shall enter into an agreement with the subdivider to reimburse the
subdivider for that portion of the cost of those improvements, including an amount
attributable to interest, in excess of the construction required for the subdivision.
19.28.130 Waiver of Improvement Requirements
A. Subdivider Justification. Prior to approval of a final map, the subdivider may file a
written request for waiver of individual improvement requirements contained in this
Chapter. The subdivider shall submit evidence of justification for each such waiver.
Special circumstances which may be cited to justify a waiver of improvement
. requirements include, but are not limited to, arguments that physical or topographical
constraints make the improvements infeasible, that the required improvements would
create results contrary to the purposes of the design or improvement requirements,
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Page 19.28 -6
Subdivision Improvements
or that the required improvements would impose a burden on the subdivider not
imposed on comparable subdivisions.
B. Required Findings to Allow Waiver. Waiver(s) of improvement requirements set
forth in this Chapter may be approved by the tentative map decision - making body if
it makes all of the following findings:
1. The requested waiver(s) is necessary in order to create a land plan that is
sensitive to environmental or physical constraints on or adjacent to the
project site;
2. The requested waiver(s) will not negatively impact the carrying capacity of
the local vehicular circulation network;
3. The requested waiver(s) will not negatively impact pedestrian circulation.
4. The resulting subdivision will not be incompatible with the pattern of
surrounding development;
5. The resulting subdivision design and improvements will be consistent with
the General Plan and any applicable specific plan, and will conform to the
Subdivision Map Act and all other provisions of this Subdivision Code. •
6. The resulting subdivision design and improvements will not be materially
detrimental to the residents or tenants of the proposed subdivision or
surrounding properties, nor to public health or safety.
The tentative map decision - making body shall take specific action on each requested
waiver. Waivers not specifically approved shall be considered denied.
1
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Page 19.32 -1
Improvement Plans
CHAPTER 19.32
IMPROVEMENT PLANS
Sections:
19.32.010 Preparation and Submission of Improvement Plans
19.32.020 Review and Approval of Improvement Plans
19.32.030 Subdivider's Responsibility
19.32.010 Preparation and Submission of Improvement Plans
A. Plan Preparation. Plans, profiles, and details for proposed subdivision improvements
shall be prepared under the direction of and signed by a civil engineer registered in
the State of California. Such improvement plans shall contain information and shall
be in a format as specified by the City Engineer. A written listing of required
improvement plan information and format shall be provided by the City Engineer on
request.
B. Plan Submission. Improvement plans shall be submitted to the City Engineer prior
to submission of a final map. Plan check, inspection, and other improvement plan
fees shall be paid as required by Resolution of the City Council.
19.32.020 Review and Approval of Improvement Plans (66456.2)
The City Engineer shall review and act upon improvement plans in accordance with the time limits
specified in Section 66456.2 of the Subdivision Map Act. After review of submitted improvement
plans, the City Engineer shall indicate any required revisions to the plans. Subsequently, upon
finding that all required revisions have been completed and that the improvement plans are
consistent with all tentative map conditions of approval, the General Plan, any applicable specific
plans, and this Subdivision Code, the City Engineer shall sign and date the plans. Upon such signing,
improvement plans shall become property of the City.
19.32.030 Subdivider's Responsibility
Approval of improvement plans shall in no way relieve the subdivider or the subdivider's engineer
of responsibility for the design of the improvements or from any deficiencies resulting from the
design, nor from compliance with any tentative map condition of approval.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code.
Page 1936 -1
Completion of Improvements
CHAPTER 19.36 9
COMPLETION OF IMPROVEMENTS
Sections:
19.36.010
Improvement Agreements
19.36.020
Acquisition of Land for Offsite Improvements
19.36.030
Improvement Security
19.36.040
Reduction of Security with Special Assessments
19.36.050
Inspection and Acceptance of Improvements
19.36.060
Release of Security
19.36.070
Forfeiture of Security
19.36.010 Improvement Agreements (66462)
No final map shall be signed by the City Engineer or recorded until required improvements are
completed or an improvement agreement is executed and all required securities are received and
approved by the City Council in accordance with this Chapter.
19.36.020 Acquisition of Land for Offsite Improvements (66462.5)
If a subdivider is required to construct offsite improvements on land in which neither the subdivider
nor the City has sufficient title or interest to allow construction, acquisition of land or right -of -way
for such improvements shall be carried out in accordance with Section 66462.5 of the Subdivision
Map Act.
19.36.030 Improvement Security (66499 et seq.)
Improvement security shall be in a form as prescribed by Section 66499 of the Subdivision Map Act.
The amount of security shall include all of the following:
A. Performance Security. One hundred percent of the total estimated improvement
construction cost to guarantee the construction or installation of all improvements.
B. Material and Labor Securi ty. An additional amount of between 50 and 100 percent,
as determined by the City Engineer, of the total estimated improvement construction
cost to guarantee payment to the subdivider's contractor, subcontractors, and persons
supplying material, labor, or equipment for the construction or installation of
improvements. 0
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. p
Page 19.36 -2
Completion of Improvements
C. Warranty Security. An additional amount, as determined by the City Engineer,
necessary to warranty the improvement construction for a period of one year
following City acceptance thereof against any defective work or materials.
D. Additional Security. If the improvement security is other than a bond or bonds
furnished by a duly- authorized corporate surety, an additional security amount shall
be provided as determined by the City Engineer necessary to cover the cost and
reasonable expenses and fees, including reasonable attorneys' fees, which may be
incurred by the City in successfully enforcing the obligation secured.
19.36.040 Reduction of Security With Special Assessments (66499.5)
In the event that the required subdivision improvements are financed and installed pursuant to
special assessment proceedings, the subdivider may apply to the City Council for a reduction in the
amount of the improvement security required by this Chapter up to an amount corresponding to the
amount of faithful performance and labor and material bonds required by the special assessment act
being used. The City Council may grant such reduction if it finds that such bonds have been in fact
provided and that the obligations secured thereby are substantially equivalent to that required by this
Chapter.
0 19.36.050 Inspection and Acceptance of Improvements
A. Construction Commencement and Inspection. Construction of improvements shall
not commence until all required improvement plans have been approved by the City
Engineer. All improvements are subject to inspection by the City Engineer or other
authorized City personnel. Construction methods and materials for all improvements
shall conform to accepted engineering practice and the City's Design Criteria.
B. Acceptance of Improvements. Subdivision improvements shall be accepted by the
City only upon the City Engineer's determination that such improvements have been
constructed satisfactorily in accordance with approved plans. When requested by the
subdivider in writing, the City Engineer may consider acceptance of a portion of the
subdivision improvements. Such improvements shall be accepted only if the City
Engineer finds that such improvements are necessary for public use. Acceptance of
a portion of improvements shall not relieve the subdivider from completing the full
subdivision improvements nor from satisfying any other requirements of this
Chapter.
19.36.060 Release of Security (66499.7)
Security provided in accordance with this Chapter shall be released pursuant to the provisions of
Section 66499.7 of the Subdivision Map Act.
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Page 19.36 -3
Completion of Improvements
19.36.070 Forfeiture of Security
Upon the failure of a subdivider to complete all improvements within the time specified in an
improvement agreement or extension thereof, the City Council may, upon notice in writing of not
less than 20 days served by registered or certified mail, determine that the subdivider is in default.
The Council may then cause the improvement security or such portion thereof as is necessary to
complete the work or any other obligations of the subdivider to be forfeited to the City.
1]
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Page 19.40 -1
General Dedication Requirements
. PART 4 — DEDICATIONS AND RESERVATIONS
CHAPTER 19.40
GENERAL DEDICATION REQUIREMENTS
Sections:
19.40.010 Dedication of Streets and Other Facilities
19.40.020 Coastal Access and Open Space Dedications
19.40.030 Waiver of Access Rights
19.40.040 Acceptance of Offers of Dedication
19.40.050 Certificates of Dedication and Reconveyance
19.40.010 Dedication of Streets and Other Facilities (66475, 66475.1, 66475.2)
A. Dedications Required. As a condition of approval of a tentative map, the City may
require the subdivider to dedicate or make an irrevocable offer to dedicate to the
public, the City, or such other public agency as the City may deem appropriate, all
is real property, both onsite and offsite, required for public use or benefit, including but
not limited to streets, highways, alleys, access rights, walkways, equestrian trails,
rights -of -way for drainage and erosion control facilities, and open space, public
utility and other public easements.
B. Bikeways. Whenever a subdivider is required, pursuant to this Section, to dedicate
roadways to the public, the subdivider may also be required to dedicate such
additional land as may be necessary and feasible to provide bicycle paths for the use
and safety of the residents of the subdivision, if the subdivision, as shown on the final
map thereof, contains 200 or more parcels.
C. Transit Facilities. The City may require dedication of transit facilities, such as bus
turnouts, benches, shelters, and similar facilities, for subdivisions identified in
Section 66475.2 of the Subdivision Map Act.
D. Compliance with City Traffic Ordinances. In addition to the requirements of this
Subdivision Code, subdividers shall comply with all applicable provisions of Chapter
15.38 (Fair Share Traffic Contribution Ordinance), 15.40 (Traffic Phasing
Ordinance), and Chapter 15.42 (Major Thoroughfare and Bridge Fee Program).
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. f
k
Page 19.40 -2
General Dedication Requirements
19.40.020 Coastal Access and Open Space Dedications
When the Local Coastal Program Land Use Plan, adopted pursuant to Division 20 of the state Public
Resources Code (California Coastal Act), indicates the location of a public accessway or any
permanent open space or conservation area within the boundaries of a proposed subdivision, such
accessway, open space or conservation area shall be shown on the tentative map and offered for
dedication to the City. When an accessway, open space or conservation area is already in existence
at the time a tentative map is filed, the status of such accessway, open space or conservation area,
whether public or private, shall be identified on the map.
19.40.030 Waiver of Access Rights (66476)
As a condition of approval of a tentative map, the City may require that dedications or offers of
dedication of streets include a waiver of direct access rights to any such street from any property
within or abutting the subdivision.
19.40.040 Acceptance of Offers of Dedication (66477.1, 66477.2, 66477.3)
Acceptance, rejection, and termination of offers of dedication shall be in accordance with Section
66477.1 et seq. of the Subdivision Map Act.
•
19.40.040 Certificates of Dedication and Reconveyance (66477.5)
A. Certificate to be Recorded. The City shall record a certificate with the County
Recorder regarding property to be dedicated in fee for public purposes or for making
public improvements or for construction of public facilities, other than for open .
space, parks, or schools. The certificate shall be attached to the final map and shall
contain the information specified in Section 66477.5 of the Subdivision Map Act.
B. Reconveyance Upon Determination that Need No Loni?er Exists. If the City has
determined that the same public purpose for which the dedication was required does
not exist, it shall reconvey the property to the subdivider specified in Paragraph A of
this Section or to the subdivider's successor in interest, except for all or any portion
of the property that is required for that same public purpose or for public utilities.
C. Notice to Subdivider Before Disposition of Dedicated Property. If the City decides
to vacate, lease, sell, or otherwise dispose of the dedicated property, the local agency
shall give at least 60 days notice to the subdivider whose name appears on the
certificate before vacating, leasing, selling, or otherwise disposing of the dedicated
property. This notice is not required if the dedicated property will be used for the
same public purpose for which it was dedicated. •
D. Applicability. This Section is applicable only to property required to be dedicated on
or after January 1, 1990.
q.b
Page 19.44 -1
General Reservation Requirements
. CHAPTER 19.44
GENERAL RESERVATION REQUIREMENTS
Sections:
19.44.010 Standards for Reservation of Land
19.44.020 Acquisition of Reserved Land
19.44.030 Termination of Reservation
19.44.010 Standards for Reservation of Land (66479)
Subdividers may be required to reserve sites, appropriate in area and location, for parks, recreation
facilities, fire stations, libraries, or other public uses, subject to the following conditions:
A. Consistency with General or Specific Plan. The requirement is based on the General
Plan or adopted specific plan containing policies and standards for those uses, and
the required reservations are in accordance with those policies and standards.
B. Size and Shape. The reserved area shall be of such size and shape as to permit the
balance of property within which the reserved land is located to develop in an orderly
and efficient manner.
C. Development of Remaining Land. The amount of land to be reserved shall not make
development of the remaining land held by the subdivider economically unfeasible.
D. Multiples of Streets and Parcels. The reserved area shall be in such multiples of
streets and parcels as to permit an efficient division of the reserved area in the event
that it is not acquired within the prescribed period.
19.44.020 Acquisition of Reserved Land (66480)
A. Acquisition Procedure. The public agency for whose benefit an area has been
reserved shall at the time of approval of the final tract or parcel map enter into a
binding agreement to acquire such reserved area within two years after completion
and acceptance of all improvements unless such period of time is extended by mutual
agreement.
B. Payment to Subdivider. The purchase price of the reserved land shall be the market
value thereof at the time of the filing of the tentative map, plus the taxes against the
reserved land from the date of the reservation and any other costs incurred by the
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. y
Page 19.44 -2
General Reservation Requirements
subdivider in the maintenance of the reserved land, including interest costs incurred
on any loan covering the reserved land.
19.44.030 Termination of Reservation (66481)
If the public agency for whose benefit an area has been reserved does not enter into such a binding
agreement, the reservation of such area shall automatically terminate.
M
Page 19.48 -1
School Sites and Fees
. CHAPTER 19.48
SCHOOL SITES AND FEES
Sections:
19.48.010 Dedication of Elementary School Sites
19.48.020 Fees for Interim Classroom Facilities
19.48.030 High School Sites
19.48.010 Dedication of Elementary School Sites (66478)
A. Definitions. In this Chapter, the term "dedication" is used to retain consistency with
Section 66478 of the Subdivision Map Act. Thus, for purposes of this Chapter only,
"dedication" shall mean the setting aside of land within a subdivision for purchase
by a public agency in order to provide for future construction thereon of a public
elementary school or schools. The term "elementary school" shall mean any public
school providing instruction in any grade(s) from kindergarten through eighth.
B. Dedication Rquirement. As a condition of approval of a tentative tract or parcel map,
a subdivider may be required to dedicate to the school district within which the
subdivision is located, such lands as the City deems necessary for the purpose of
constructing thereon elementary schools necessary to assure the residents of the
subdivision adequate public school service.
C. Limitations on Dedications. In no case shall the City require the dedication of an
amount of land which would make development of the remaining land held by the
subdivider economically unfeasible or which would exceed the amount of land
ordinarily allowed under the procedures of the State Allocation Board.
D. Dedication Procedure. The requirements of the school site dedication shall be
imposed at the time of approval of the tentative map. If, within 30 days after the
dedication requirement is imposed by the City, the school district does not offer to
enter into a binding commitment with the subdivider to accept the dedication, the
requirement shall be automatically terminated The required dedication may be made
anytime before, concurrently with, or up to 60 days after the filing of the final map
on any portion of the subdivision.
E. Payments to Subdivider for Dedication. The school district shall, if it accepts the
school site dedication, repay to the subdivider or the subdivider's successors the
. original cost to the subdivider of the dedicated land plus a sum equal to the total of
the following amounts:
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. 93
Page 19.48 -2
School Sites and Fees
The cost of any improvements to the dedicated land since acquisition by the
subdivider;
2. The taxes assessed against the dedicated land from the date of the school
district's offer to enter into the binding commitment to accept the dedication;
3. Any other costs incurred by the subdivider in the maintenance of such
dedicated land, including interest costs incurred on any loan covering such
land.
F. Exemption. The provisions of this Section shall not be applicable to a subdivider who
has owned the land being subdivided for more than 10 years prior to the filing of the
tentative map(s).
19.48.020 Fees for Interim Classroom Facilities (65974, 65995)
Pursuant to Section 65974 of the Subdivision Map Act, the City may impose fees or dedication
requirements on new residential subdivisions for the purpose of providing interim school classroom
facilities to alleviate conditions of overcrowding which may be caused by new residential
development. Fee and dedication procedures shall be in accordance with Chapters 4.7 and 4.9 of the
Government Code.
19.48.030 High School Sites
In addition to the provisions of this Chapter regarding elementary school sites, the City may require
the reservation of land for public high schools in accordance with the provisions of Chapter 19.44
( General Reservation Requirements).
C1 `l
11
0
Page 19.52 -1
Park Dedications and Fees
CIIAPTER 19.52
PARK DEDICATIONS AND FEES
Sections:
19.52.010
Purpose and Intent
19.52.020
Applicability
19.52.030
Use of Park Dedications and Fees
19.52.040
Parkland Standard
19.52.050
Determination of Land or Fee
19.52.060
Dedication of Land
19.52.070
Fee in Lieu of Dedication
19.52.080
Credit for Private Recreation Facilities
19.52.090
Timing of Dedications and Fees
19.52.010 Purpose and Intent (66477)
This Chapter is intended to provide for the dedication of land, the payment of fees in lieu thereof,
or a combination of both, for park or recreational purposes in conjunction with the approval of
residential development. These provisions are in accordance with the Recreation and Open Space
Element of the General Plan and with Section 66477 of the Subdivision Map Act (known as the
"Quimby Act').
19.52.020 Applicability (66477)
A. Applicability. The provisions of this Chapter shall apply to all residential
subdivisions except those exempted per Paragraph B of this Section.
B. Exemptions. The provisions of this Chapter shall not apply to nonresidential
subdivisions, nor to condominium projects or stock cooperatives which consist of the
subdivision of air space in an existing apartment building which, at the time of
tentative map filing, is five or more years old when no new dwelling units are added.
19.52.030 Use of Park Dedications and Fees (66477)
A. Rules for Use of Dedication and Fees. The following rules shall apply to the use of
dedicated park land and in -lieu fees per Section 66477 of the Subdivision Map Act:
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. (] G�
Page 19.52 -2
Park Dedications and Fees
The land, fees, or combination thereof shall be used only for the purpose of
developing new or rehabilitating existing neighborhood or community park
or recreational facilities to serve the subdivision.
2. The park and recreational facilities provided for by the land dedications
and/or in -lieu fees are in accordance with the policies and standards contained
in the City's General Plan Recreation and Open Space Element.
3. The amount and location of land to be dedicated or the fees to be paid shall
bear a reasonable relationship to the use of the park and recreational facilities
by the future inhabitants of the subdivision.
4. The City shall develop and maintain a schedule specifying how, when, and
where it will use the land or fees, or both, to develop park or recreational
facilities to serve the residents of the subdivision. This schedule is provided
for in this Chapter and in the adopted City Council policy entitled "Park Fee
Policy ".
B. Credit for Improvements. If a subdivider provides park and recreational
improvements to dedicated parkland, 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. 9
19.52.040 Parkland Standard (66477)
Per figures from the 2000 federal census and the City's Recreation and Open Space Element, the
amount of neighborhood and community park acreage in the City is 5.1 acres per 1,000 population.
Per Section 66477 of the Subdivision Map Act, the City may use its existing parkland ratio, based
on data from the most recent available federal census, as its park dedication standard for new
subdivisions, provided required dedications do not exceed 5 acres per thousand persons residing
within a subdivision. Therefore, the City's park dedication standard shall be 5 acres per thousand
population.
19.52.050 Determination of Land or Fee
The tentative map decision - making body shall determine whether land dedication, in -lieu fee, or a
combination of the two shall be required in conjunction with its approval of a tentative map in
accordance with the following criteria.
A. Land Dedication. The following criteria shall be used in making a determination to
require land dedication:
I. General Plan. Whether a park site is shown within the subdivision in the
General Plan's Recreation and Open Space Element.
•,
Page 19.52 -3
Park Dedications and Fees
0 2. Accessibility. Whether the proposed site has access to a public street.
Topography. Whether the terrain of the proposed site is suitable for the
intended park development.
B. In -Lieu Fee. If no park or recreational facility has been designated in the General
Plan's Recreation and Open Space Element to be located within the proposed
subdivision, or if the proposed subdivision contains 50 lots or less, the subdivider
shall pay a fee in lieu of land dedication, except that when a condominium project,
stock cooperative, or community apartment project exceeds 50 dwelling units,
dedication of land may be required notwithstanding that the number of parcels may
be less than 50. The in -lieu fee shall be equal to the value of the amount of land
prescribed for dedication pursuant to Section 19.52.060. The fee amount shall be
determined in accordance with Section 19.52.070.
C. Both Dedication and Fee. In subdivisions of more than 50 parcels, the tentative map
decision - making body may require the subdivider to both dedicate land and pay a fee
in lieu thereof in accordance with the following criteria:
1. When a park site shown within a proposed subdivision is smaller in area than
the acreage which is required for dedication pursuant to Section 19.52.060,
such park site shall be dedicated for park purposes and a fee, computed
pursuant to Section 19.52.070, shall be paid for the remaining acreage which
would have been required to be dedicated.
2. When a major part of a 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,
computed pursuant to Section 19.52.070, shall be paid for the remaining
acreage which would have been required to be dedicated.
Any in -lieu fees paid per the preceding criteria shall be used for the improvement of
the park and recreational site dedicated by the subdivider or for the improvement of
other local parks and recreational facilities serving the subdivision.
19.52.060 Dedication of Land (66477)
Where a park or recreational facility has been designated in the General Plan's Recreation and Open
Space Element to be located in whole or in part within the proposed subdivision, the tentative map
decision - making body may require the subdivider to dedicate land for the park per the parkland
dedication standard of Section 19.52.040. The amount of land to be dedicated shall be computed as
follows:
U
Page 19.52 -4
Park Dedications and Fees
A. Persons per Dwelling Unit. The City shall determine the average number of persons
per dwelling unit for each dwelling unit type, based upon the average household size
for that dwelling unit type (e.g. single family detached, apartment, etc.). Data from
the most recent available federal or state census shall be used to make this
computation unless the City determines that there is substantial evidence to support
a finding that a different household size is appropriate for some or all of the dwelling
units proposed;
B. Computation of Dedication Acreage. The number of persons to occupy the new
subdivision shall be computed by multiplying the average number of persons per
dwelling unit by the number of dwelling units. The parkland to be dedicated shall
then be determined by multiplying the number of persons by 5 ac. /1,000 persons.
(For example, if the new subdivision will house 500 persons: 500 x 511000 = 2.5
acres of land to be dedicated).
19.52.070 Fee in Lieu of Dedication (66477)
A. Computation of Fee. 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 19.52.050 times the
fair market value per acre, as established by periodic appraisal prepared by the City.
B. Use of Money. The in -lieu fees collected pursuant to this Chapter shall be used only
for the purpose of developing new or rehabilitating existing park or recreational
facilities which serve the subdivision, either by way of the purchase of land 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.
C. 'rime Limits. Any fees collected pursuant to this Chapter 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.
D. Use of Interest. Any interest earned on the accumulated in -lieu fees may be used for
the maintenance of any existing park or recreational facilities.
19.52.080 Credit for Private Recreational Facilities (66477)
A. Authority to Grant Credit. The tentative map decision - making body may grant credit
for private recreational facilities provided within common interest developments, as
`� ;fir
Page 19.52 -5
Park Dedications and Fees
. defined in Section 1351 of the Civil Code, against required land dedications or in-
lieu fees in accordance with the provisions of this Section.
B. Standards for Grantiruz Credit. In approving credit for private recreational facilities
against required park fees, the tentative map decision - making body shall find that all
of the following standards are met:
The credited private recreational facilities include active recreation facilities
such as playfields, turfed play areas, tot lots, recreation buildings, swimming
pools and playing courts, and similar facilities. Also eligible are bicycle or
the development, and which are open to the pubic. Passive open space,
as setback areas and passive greenbelts shall not be granted credit.
2. The private recreational facilities are suitable for use for active recreational
purposes, taking into consideration such factors as size, shape, topography,
access, and location.
3. The use of the private recreational facilities is restricted to and rveFeafian
park, recreation, or trail purposes and their private ownership and maintenance
are assured by recorded covenants which run with the land and which cannot
• be eliminated without the consent of the City.
C. Amount of Credit. Credit granted for private recreational facilities shall be from 0 to
20 percent of the amount of required land dedication or in -lieu fee imposed pursuant
to this Chapter. In no case shall credit exceed 20 percent. The amount of credit
granted shall be determined by the tentative map decision - making body in
accordance with the following criteria:
The degree to which the private recreational facilities complement existing or
proposed public park facilities serving the subdivision, as shown in the General
Plan's Recreation and Open Space Element.
2. The degree to which the private recreational facilities reduce the burden on
existing or proposed public park facilities serving the subdivision.
19.52.090 Timing of Dedications (66477.1)
Land dedications shall be offered at the time of final map filing, either on the final map itself or by
separate instrument. The City Council shall accept, accept subject to improvement, or reject the offer
of dedication at the time of final map approval.
•
Cl f
Page 19.56 -1
Final Map Filing
PART 5 — FINAL MAPS •
CHAPTER 19.56
FINAL MAP F1L1NG
Sections:
19.56.010
Preparation of Final Maps
19.56.020
Final Map Application
19.56.030
Completeness of Application
19.56.040
Dedications
19.56.050
Survey and Monumentation
19.56.060
Multiple Final Maps
19.56.010 Preparation of Final Maps (66456, 66457, 66463)
A. Definition. For purposes of this Code, the term "final map" shall encompass both
final tract maps and final parcel maps. The procedures for filing and processing of
final parcel maps shall be the same as those set forth in this Part for a final tract map. .
B. Final Maps. After the approval or conditional approval of a tentative tract or tentative
parcel map, the subdivider may cause the real property included within the map, or
any part thereof, to be surveyed and a final map prepared and filed with the City
Engineer in accordance with the approved or conditionally- approved tentative map.
Final maps shall be filed prior to expiration of the applicable tentative map, as
required in Chapter 19.16 (Tentative Map Expiration and Extension).
C. Form and Content. The form and content of final maps shall be as specified in
Sections 66433 through 66450 of the Subdivision Map Act, as administered and
interpreted by the City Engineer.
19.56.020 Final Map Application (66433 - 66450)
A. Filing. Final maps shall be filed with the City Engineer. The required number of
copies of the final map shall be as promulgated in writing by the City Engineer.
B. Supporting Materials. The City Engineer may require plans, data, reports,
certifications, acknowledgements, and other documentation that the City Engineer
deems necessary to process the final map. Such documentation shall include, but .
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. 1
Page 19.56 -2
Final Map Filing
. shall not be limited to, improvement plans and specifications, improvement
agreements and security, and statements from applicable utilities of ability to serve
the subdivision.
C. Application Fee. The final map shall be accompanied by the required application
fee(s), as established by resolution of the City Council. Such fees shall not exceed
the amount reasonably required to administer the provisions of this Title.
19.56.030 Completeness of Application (65943)
A. Determination of Completeness. Not later than 30 calendar days after receipt of a
final map application, the City Engineer shall determine whether the application is
complete and shall immediately transmit the determination in writing to the
applicant. If the written determination of completeness is not made within 30 days
after receipt of the application and the application includes a statement that it is an
application for a development permit, the application shall be deemed complete for
purposes of this Title.
B. Reasons for Incompleteness. If an application is determined to be not complete, the
notification to the subdivider shall identify those parts of the application which are
. incomplete and shall indicate the manner in which they can be made complete. Other
details regarding determination of completeness of subdivision applications shall be
in accordance with Section 65943 of the Government Code.
19.56.040 Dedications (66439, 66447)
All streets, highways, rights -of -way, easements, and land shown on the final map for public use or
required by tentative map condition of approval shall be offered for dedication to the City or to other
appropriate public agency. Dedications shall be offered either on the final map itself or by separate
instrument. Streets or portions of streets may be offered for future dedication where the immediate
opening and/or improvement is not required but where the City determines it is necessary to provide
for future street dedication to serve further development of the area or adjacent areas.
19.56.050 Survey and Monumentation (66434, 66495 et seq.)
Survey and monumentation for final maps shall be carried out in accordance with Sections 66434
and 66495 et seq. of the Subdivision Map Act and the requirements of City Design Criteria to the
satisfaction of the City Engineer. In addition, all surveys shall tie into the County of Orange's grid
system and Geographic Information System monuments.
L J
W
Page 19.56 -3
Final Map Filing
19.56.060 Multiple Final Maps (66456.1, 66463.1) •
A. Notification. Multiple final maps within a subdivision may be filed prior to the
expiration of a tentative map if:
The subdivider, at the time the tentative map is filed, informs the City of the
subdividers intention to file multiple final maps on the tentative map; or
2. After filing of the tentative map, the City and the subdivider concur in the
filing of multiple final maps.
B. No Requirement for Definition of Number of Final Maps. In providing such notice
of multiple final maps, the subdivider shall not be required to define the number or
configuration of the proposed multiple final maps and the filing of a final map on a
portion of an approved tentative map shall not invalidate any part of such tentative
map. The right of a subdivider to file multiple final maps shall not limit the authority
of the City to impose reasonable conditions relating to the filing of multiple final
maps.
•
•
)o;L
. CHAPTER 19.60
FINAL MAP REVIEW
Sections:
19.60.010
19.60.020
19.60.030
19.60.040
19.60.050
19.60.010 Ci
City Council Review
Acceptance or Rejection of Dedications
Payment of Taxes and Assessments
Recordation of Final Maps
Additional Information to be Recorded
ty Council Review (66458, 66463, 66474.1)
Page 19.60 -1
Final Map Review
A. Final Tract Maps. If the City Engineer determines, after consultation with the
Planning Director, that a final tract map conforms to the applicable tentative tract
map and its conditions of approval, the final map shall be forwarded to the City
Council for review.
• B. Final Parcel Maps. If the City Engineer determines, after consultation with the
Planning Director, that a final parcel map conforms to the applicable tentative parcel
map and its conditions of approval, the final map shall be released for recordation.
0
C. City Council Review of Final Tract Maps. The City Council shall review final tract
maps. The Council shall, at the meeting at which it receives the final tract map, or at
its next regular meeting after the meeting at which it receives the map, approve the
final map if it determines that the map conforms to all requirements of the
Subdivision Map Act and the City subdivision regulations applicable at the time of
approval or conditional approval of the tentative map. If the Council determines that
the final map does not conform, it shall disapprove the map. Such final map
disapproval shall be accompanied by a finding identifying the requirements that have
not been met.
D. Approval of Final Tract Map by Inaction. If the City Council does not approve or
disapprove the final map within the prescribed time or any authorized extension
thereof and the map conforms to all requirements and rulings, it shall be deemed
approved and the City Clerk shall certify or state its approval thereon. The meeting
at which the City Council receives the map shall be the date on which the City Clerk
receives the map.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. t t,.�
Page 19.60 -2
Final Map Review
19.60.020 Acceptance or Rejection of Dedications (66477.1, 66477.2) 0
At the time of approval of a final map, the City Council shall accept, accept subject to improvement,
or reject any offers of dedication at the time of final map approval. The City Clerk shall certify or state
on the map the action by the City Council. If an offer of dedication which directly benefits the residents
of a subdivision is rejected, the offer shall remain open and the City Council may by resolution at any
later date, and without further action by the subdivider, rescind its action and accept the offer of
dedication. Other provisions regulating rejection of offers of dedication shall be as set forth is Section
66477.2 of the Subdivision Map Act.
19.60.030 Payment of Taxes and Assessments (66493, 66494)
Whenever any part of a subdivision is subject to a lien for taxes or special assessments collected as
taxes which are not yet payable, the final tract or parcel map shall not be recorded until the owner
or subdivider complies with Section 66493 of the Subdivision Map Act (SMA). If such taxes or
special assessments are allowed to become delinquent, the County shall recover from the security
required under Section 66493 in accordance with the provisions of Section 66494 of the SMA.
19.60.040 Recordation of Final Maps (66464, 66493)
Upon City Council approval of a final map, the proper signatures and certificates shall be affixed
thereto and the map shall be transmitted to the County Recorder. After recordation, the subdivider
shall supply originals and prints of the map to the City as required by the City Engineer.
19.60.050 Additional Information to be Recorded (66434.2)
The City may require additional information to be filed or recorded simultaneously with a final tract
or parcel map. Additional survey and map information may include, but need not be limited to,
building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and
archaeological sites. The additional information shall be in the form of a separate document or an
additional map sheet which shall indicate its relationship to the final tract or parcel map, and shall
contain a statement that the additional information is for informational purposes, describing
conditions as of the date of filing and is not intended to affect record title interest. The document or
additional map sheet may also contain a notation that the additional information is derived from
public records or reports and does not imply the correctness or sufficiency of those records or reports
by the preparer of the document or additional map sheet.
0
tov
0
Page 19.64 -1
Conversion of Rental Units to Ownership
PART 6 - CONDOMINIUM CONVERSIONS
CHAPTER 19.64
CONVERSION OF RENTAL UNITS TO OWNERSHIP
Sections:
19.64.010
Purpose and Intent
19.64.020
Definitions
19.64.030
General Requirements
19.64.040
Tenant Notification
19.64.050
Tenant Purchase Option
19.64.060
Review Procedures
19.64.070
Standards for Condominium Conversions
19.64.080
Modification or Waiver of Conversion Standards
19.64.090
Conversion Fees
19.64.100
Exemptions
19.64.110
Agreement to Retain Rental Housing
19.64.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to:
Regulate Conversions. Provide standards and criteria for regulating the
conversion of rental units to condominium, community apartment or stock
cooperative types of ownership and for determining when such conversions
are appropriate; and
2. Mitigate Hardships. Mitigate any hardships to tenants caused by their
displacement.
B. Intent. The intent of this Chapter is as follows:
Residential Conversions. The City Council finds that residential
condominiums, community apartment and stock cooperative types of
ownership, as defined in Section 1351 of the Civil Code, differ from rental
apartments with respect to design, type of construction, and maintenance
controls, and therefore that the development standards in this Chapter are
necessary for the protection of the community, existing rental tenants, and the
purchasers of the converted units. It is also the intent of these regulations to
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Actor other 165
division of the California Government Code. I
Page 19.64 -2
Conversion of Rental Units to Ownership
maintain a balanced mix between ownership and rental housing in order to •
assure the development of a variety of housing types to serve the needs of the
community.
Nonresidential Conversions. The City Council also finds that nonresidential
condominiums, community apartment and stock cooperative types of
ownership, as defined in Section 1351 of the Civil Code, differ from rental
units with respect to design, type of construction, and maintenance controls,
and therefore that the development standards in this Chapter are necessary for
the protection of the community, existing rental tenants, and the purchasers
of the converted units.
C. Annlicability of Sections. All sections in this Chapter apply to the conversion of
residential units. All Sections except 19.64.040, 19.64.050, and 19.64.110 apply to
the conversion of nonresidential units.
19.64.020 Definitions
For purposes of this Chapter and this Title, following terms shall have the meanings indicated:
A. Condominium, Community Apartments, and Stock Cooperatives. the term
"condominium" shall encompass condominium projects, community apartment
projects, and stock cooperatives, as defined in Section 1351 of the California Civil
Code.
B. Organizational Documents. The term "organizational documents" shall mean the
declaration of restrictions, articles of incorporation, by -laws and any contracts for the
maintenance, management or operation of all or any part of a project.
C. Proiect. The term "project" shall mean the entire parcel of real property proposed to
be used or divided, as land or airspace, into two or more units as a condominium.
D. Unit. The term "unit" shall mean the particular area of land or airspace that is
designed, intended or used for exclusive possession or control of individual owners
or occupier.
E. Vacancy Rate. The term "vacancy rate" shall mean the number.of vacant multiple
dwellings being offered for rent or lease in the City of Newport Beach shown as a
percentage of the total number of multiple dwellings offered for or under rental or
lease agreement in the City. Said vacancy rate shall be as established once each year,
in April, by survey of 15 percent of the City's rental units.
0
%�Gc<=
Page 19.64 -3
Conversion of Rental Units to Ownership
0 19.64.030 General Requirements
A. Where Permitted. If approved under the provisions of this Chapter and Title 20
(Zoning Code), residential condominium conversions may be allowed in any district
in which residential uses are permitted, including planned communities, except
within the R -1.5 District (Balboa Island). Nonresidential condominium conversions
may be allowed in any district in which such uses are permitted.
B. Subdivision Required. All condominium conversions subject to this Chapter shall
require approval of tentative and final subdivision maps.
C. Review Responsibilities. Condominium conversions containing 5 or more units shall
be approved by the Planning Commission via a tentative tract map. Condominium
projects or conversions containing 4 or less units shall be approved by the
Modifications Committee via a tentative parcel map.
D. Applicable Standards. Condominium conversion projects shall conform to: (1) the
applicable standards and requirements of the zoning district in which the project is
located at the time of approval Per Title 20 (Zoning Code), and (2) the applicable
provisions of this Subdivision Code.
0 19.64.040 Tenant Notification (66427.1, 66452.8, 66452.9)
Applicants for conversion projects shall be responsible for notifying existing and prospective rental
tenants as follows:
A. Existing Tenants. At least 60 days prior to the filing of an application for conversion
of rental or lease property, the applicant or the applicant's agent shall give notice of
such filing in the form set forth in Section 66452.9 of the Subdivision Map Act to
each tenant of the subject property. Further, if the conversion project is approved, the
applicant shall give all tenants a minimum of 180 days advance notice of the
termination of their tenancy.
B. Prospective Tenants. At least 60 days prior to the filing of an application for
conversion of rental or lease property, the applicant or the applicant's agent shall give
notice of such filing in the form set forth in Section 66452.8 of the Subdivision Map
Act to each person applying after such date for rental or lease of a unit of the subject
property. Pursuant to the Subdivision Map Act, failure of an applicant to provide
such notice shall not be grounds to deny the conversion but shall make the applicant
subject to the penalties specified in Section 66452.8 of the SMA.
C. Evidence of Tenant Notification Each application for conversion shall include
evidence to the satisfaction of the Planning Director that the notification
f 6
Page 19.64 -4
Conversion of Rental Units to Ownership
requirements specified in Paragraphs A and B of this Section have been or will be
satisfied.
19.64.050 Tenant Purchase Option (66427.1)
The property owner shall provide tenants with an exclusive right to purchase his or her respective
unit upon the same or more favorable terms and conditions than those on which such unit will be
initially offered to the general public. Such right shall run for a period of not less than 90 days from
the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and
Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise
the right.
19.64.060 Review Procedures (66427.1, 66427.2)
A. List of Tenants. In addition to the standard application requirements for tentative
maps, the applicant shall submit a complete mailing list of all tenants occupying the
subject property and two corresponding sets of stamped addressed envelopes. The
Director shall mail a public hearing notice for the tentative map hearing to each
tenant on the mailing list in accordance with the procedures of Chapter 19.12.
B. Tentative Map Review. Tentative maps shall be approved or denied by the tentative
map decision - making body. Decisions on the conversion of existing buildings into
condominiums or stock cooperatives shall be governed by the provisions and
limitations of Section 66427.2 of the Subdivision Map Act.
C. Council Findines for Residential Conversions. For residential conversions, no final
map for a condominium conversion shall be approved unless the City Council makes
all of the findings set forth in Section 66427.1 of the Subdivision Map Act regarding
tenant notification, right to purchase, and other requirements.
D. Disapproval Based on Vacancy Rate. In accordance with General Plan policies,
where it is proposed to convert an existing residential development containing 15 or
more units to condominium units, the decision - making body shall disapprove without
prejudice, any application for condominium conversion if the rental dwelling unit
vacancy rate in the City at the time of the public hearing is equal to or less than 5
percent. Notwithstanding the preceding, the decision - making body may approve a
condominium conversion if it determines that either of the following overriding
considerations exist:
The project will minimize the effect on dwelling unit vacancy rate, and
otherwise substantially comply with the intent of this Chapter; or
'� U
Page 19.64 -5
Conversion of Rental Units to Ownership
• 2. Evidence has been submitted that at least two- thirds of the existing tenants
have voted to recommend approval of the conversion.
19.64.070 Standards for Condominium Conversions
Condominium conversion projects shall conform to the following requirements, and the decision -
making body shall make specific findings as to such conformance in any action approving a
condominium conversion:
A. The number of off-street parking spaces that were required at the time of the original
construction shall be provided on the same property to be converted to condominium
purposes, and the design and location of such parking shall be in conformance with
the provisions of Chapter 20.66 (Off- Street Parking and Loading Regulations).
Under no circumstance .shall there be less than one covered parking space per
dwelling unit.
B. Each dwelling unit within a building shall have a separate sewer connection to the
City sewer.
C. Each sewer lateral shall be retrofitted/fitted with a cleanout at the property line.
D. Each unit shall maintain a separate water meter and water meter connection.
E. The electrical service connection shall comply with the requirements of Chapter
15.32 of the Municipal Code.
F. The applicant for a condominium conversion shall request a special inspection from
the Building Department for the purpose of identifying any building safety
violations. The applicant shall correct all identified safety violations prior to approval
of a final map for the condominium conversion.
G. Permanent lot stakes and tags shall be installed at all lot comers by a licensed
surveyor or civil engineer unless otherwise required by the City Engineer.
H. For residential conversions, the project shall be consistent with the adopted goals and
policies of the General Plan, particularly with regard to the balance and dispersion
of housing types within the City.
I. The establishment, maintenance or operation of the use or building applied for shall
not, under the circumstances of the particular case, be detrimental to the health,
safety, peace, comfort and general welfare of persons residing or working in the
. neighborhood of such proposed use or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City.
1b 1
Page 19.64 -6
Conversion of Rental Units to Ownership
19.64.080 Modification or Waiver of Conversion Standards 0
A. Parking. The decision - making body may modify or waive the parking requirements
of Subsection 20.64.070 -A in accordance with the waiver procedures of Chapter
20.66 of the Zoning Code.
B. Sewer Connections. The decision - making body may modify or waive the requirement
for separate sewer connections per Subsection 20.64.070 -B if it finds that the
modification or waiver will not be materially detrimental to the residents or tenants
of the property or surrounding properties, nor to public health or safety.
19.64.090 Condominium Conversion Fees
In addition to other required fees, condominium conversion applications shall be accompanied by
a special Building Department inspection fee, established by resolution of the City Council, for the
purpose of identifying building safety violations within the project.
19.64.100 Exemptions
A. Park Fees. For residential developments, the conversion of existing rental housing
to a condominium project shall be exempt from the requirements of Chapter 19.52
(Park Dedications and Fees) if, on the date of conversion, the rental units are at least
five years of age and no additional dwelling units are to be added as part of the
conversion.
B. Traffic Phasing Ordinance. The conversion of existing rental units to a condominium
project shall be exempt from the requirements of Chapter 15.40 (Traffic Phasing
Ordinance) if the proposed conversion will not add more than ten dwelling units to
a residential development, or will not add more than 10,000 square feet of gross floor
area to a nonresidential development.
19.64.110 Agreement to Retain Rental Housing (66452.50)
In addition to the provisions in this Chapter regarding condominium conversions, the City may, in
connection with the approval of a tentative or final map for a new residential condominium project
requiring approval of a tentative or final map pursuant to this Code, enter into a binding agreement
with the subdivider mandating that the units be first made available for rental housing for a period
of not less than ten years from the date a certificate of occupancy has been issued for the units within
the development subject to the provisions of Section 66452.50 of the Subdivision Map Act. •
III\
u
Page 19.68 -1
Merger of Contiguous Lots
0 PART 7 — OTHER SUBDIVISION PROCEDURES
Sections:
19.68.010
19.68.020
19.68.030
19.68.040
19.68.050
19.68.060
19.68.010 Pu
CHAPTER 19.68
MERGER OF CONTIGUOUS LOTS
Purpose and Intent
Exemptions
Procedures for Required Mergers
Conditions for Required Mergers
Demolition Permits
Voluntary Mergers
rpose and Intent
The provisions of this Chapter are intended to provide for the City- initiated merger of contiguous
• lots which do not meet minimum requirements for development under City regulations, and for the
voluntary merger of contiguous lots by their owner(s). These provisions are intended to be consistent
with the state Subdivision Map Act and shall be so construed.
C�
19.68.020 Exemptions
A. Old Lots. Any lot of record on August 2, 1943 may be used as a development site
even when of less area or width than that required by the provisions of this code.
B. Lots in R -1.5 District. On any site of less than 5,000 square feet which existed prior
to March 10, 1976, a two - family dwelling may be constructed provided that there
shall be not less than 1,000 square feet of land area for each family unit.
[Ed Note: The following provisions are adapted from and in conformity with applicable SMA
Sec. 66451.10 et seq. These changes propose to tighten the lot merger requirements by eliminating
the option ofsimply recording a covenant for residential development in favor of a requirement
;o permanently erase the applicable lot line(s) via resubdivision. j
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. I i 1
Page 19.68 -2
Merger of Contiguous Lots
19.68.030 Procedures for Required Mergers (66451.10 et seq.)
The Planning Commission shall review and act-on City- initiated or required lot mergers in
accordance with the provisions of Sections 6645 1. 10 et seq. of the Subdivision Map Act.
19.68.040 Conditions for Required Mergers (66451.11, 66451.13)
A. Conditions Required. No new construction or building alteration of value greater than
$20,705 shall be permitted on a lot adjacent to a lot held by the same owner if any
one of the contiguous lots held by the same owner does not conform to standards for
minimum lot size under Title 20 (Zoning Code) until a resubdivision or, if deemed
appropriate by the Planning Director, a lot line adjustment, has merged said lots into
a single development site, provided the Planning Commission determines that all of
the following requirements are satisfied:
Development Status. At least one of the affected lots is undeveloped by any
structure for which a building permit was issued or for which a building
permit was not required at the time of construction, or is developed only with
an accessory structure or accessory structures, or is developed with a single
structure, other than an accessory structure, that is also partially sited on a
contiguous lot.
2. Criteria. With respect to any affected lot, one or more of the following
conditions exists:
a. The lot comprises less than 5,000 square feet in area at the time of the
determination of merger.
b. The lot was not created in compliance with applicable laws and
ordinances in effect at the time of its creation.
c. The lot does not meet current City standards for sewage disposal and
domestic water supply.
d. The lot does not meet City slope stability standards.
e. The lot does not have legal access which is adequate for vehicular and
safety equipment access and maneuverability.
f. Development of the lot would create health or safety hazards.
L J
•
g. The lot is inconsistent with the General Plan or any applicable specific is plan, other than minimum lot size or density standards.
t ��
Page 19.68 -3
Merger of Contiguous Lots
3. Owner Notification. The owner of the affected lots has been notified of the
merger proposal pursuant to Section 66451.13 of the California Subdivision
Map Act (SMA), and is afforded the opportunity for a hearing pursuant to
Section 66451.14 of the SMA.
B. Exceptions. The Planning Commission may grant an exception to the merger
requirements of this Section if it makes all of the following findings:
1. None of the unmerged lots is smaller than the average lot size in the
underlying subdivision.
2. Retention of the immerged lots would provide for development which is
equally or more compatible with development on surrounding lots than if the
lots were merged.
3. Retention of the unmerged lots would not allow development which is
materially detrimental to the residents or tenants of surrounding properties,
nor to public health or safety.
In granting an exception from the merger requirement, the Planning Commission
may allow retention and development of the unmerged lots. In so doing, the
40 Commission may require a lot line adjustment and may impose conditions designed
to avoid or mitigate any potential adverse effects of development of the affected lots.
C. Valuation Increases. The threshold dollar amount specified in Paragraph A of this
Section shall be increased automatically, based upon any interim increase in the
Consumer Price Index (the Los Angeles - Long Beach and Anaheim Index) and this
automatic increase shall be calculated starting July 1, 1994 and thereafter, on July 1
of each Fiscal Year for which the Consumer Price Index change applies.
19.68.050 Demolition Permits
If the City determines that the requirements for merger listed in Section 19.68.040 exist, no
demolition permit shall be approved for a structure other than an accessory structure that is sited on
two contiguous lots if either of the contiguous lots does not conform to the standards for minimum
lot size under this Zoning Code until a resubdivision or, if deemed appropriate by the Planning
Director a lot line adjustment, has merged said lots into a single development site.
19.68.060 Voluntary Mergers
0 A. Application. Voluntarily mergers of contiguous lots under one ownership may be
initiated by the lot owner. Application for voluntary merger of contiguous parcels
shall be made on forms provided by the Planning Department and shall include such
%) J
Page 19.684
Merger of Contiguous Lots
items as may reasonably be required to make the necessary findings. A filing fee may
be required as established by resolution of the City Council.
B. Review by Modifications Committee. Application for voluntary mergers shall be
approved by the Modifications Committee.
C. Required Findings. All of the following findings shall be made prior to approval of
a voluntary merger:
The lots to be merged are under common ownership at the time of the merger.
2. The lots as merged will be consistent with or will be more closely compatible
with the applicable zone district regulations and other regulations relating to
the subject property.
3. Neither the lots as merged nor adjoining parcels will be deprived of legal
access as a result of the merger.
D. Waiver of Concurrent Parcel Map. In accordance with Section 19.08.030, the
Modifications Committee may approve a waiver of the parcel map requirement and
use of a lot line adjustment or other instrument for voluntary lot mergers in cases
where no more than one parcel is eliminated. If a merger involves the elimination of •
more than one lot, tentative and final parcel maps shall be required.
�% l
0
Sections:
19.72.010
19.72.020
19.72.030
19.72.040
19.72.050
19.72.010 Pu
CHAPTER 19.72
REVERSIONS TO ACREAGE
Purpose and Intent
Initiation and Filing
Review Process and Findings
Conditions Imposed on Reversions
Recordation of Reversions
rpose and Intent (66499.11)
Page 19.72 -1
Reversions to Acreage
This Chapter contains provisions for reversions to acreage. A reversion to acreage is the
abandonment of a recorded subdivision which was created by either a final tract or a final parcel
map. This action constitutes a merger of the separate parcels within the subdivision into a single
parcel, excluding any dedications, easements, or rights -of -way necessary for present or prospective
public road purposes.
19.72.020 Initiation and Filing (66499.12, 66499.13, 66499.14)
A. Initiation. Reversions to acreage may be initiated by motion of the City Council or
by petition of all of the parcel owners within the subdivision.
B. Filing. Application for a reversion to acreage shall be made on forms provided by the
Planning Department and shall include the information and materials specified in
Section 66499.13 of the Subdivision Map Act. A filing fee may be required as
established by resolution of the City Council.
19.72.030 Review Process and Findings (66499.15, 66499.16)
The City Council shall review reversions to acreage at a noticed public hearing. In approving a
reversion to acreage, the Council shall make all findings set forth in Section 66499.16 of the
Subdivision Map Act.
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division ojthe California Government Code.
/S
Page 19.72 -2
Reversions to Acreage
19.72.040 Conditions Imposed on Reversions (66499.17) 0
As conditions of approval of a reversion to acreage, the City Council shall require all conditions set
forth in Section 66499.17 of the Subdivision Map Act.
19.72.050 Recordation of Reversions (66499.18 etseq.)
Recordation and release of security shall be in accordance with Section 66499.18 et seq. of the
Subdivision Map Act.
0
WO
Page 19.76 -1
Lot Line Adjustments
0 CHAPTER 19.76
LOT LINE ADJUSTMENTS
Sections:
19.76.010 Description
19.76.020 Procedures for Lot Line Adjustments
19.76.030 Required Findings
19.76.010 Description
A lot line adjustment is a minor boundary adjustment between two or more adjacent lots or parcels.
The land taken from one parcel is added to an adjacent parcel with the original number of parcels
remaining unchanged after the adjustment. The Modifications Committee shall review lot line
adjustments in accordance with the provisions of this Chapter.
19.76.020 Procedures for Lot Line Adjustments
A. Application. An application for a lot line adjustment shall be filed in a manner
consistent with the requirements contained in Chapter 20.90 -of the Zoning Code
(Application Filing and Fees). The record owners of all parcels involved shall sign
the application form.
B. Required Plans and Materials. An application for a lot line adjustment shall be
accompanied by a map prepared by licensed surveyor or civil engineer showing the
line to be adjusted, the property lines of the adjoining parcels, and structures adjacent
to the line to be adjusted.
C. Referral to Planninp. Commission. In the event the Modifications Committee
determines that an application should properly be heard by the Planning
Commission, it may refer the matter to the Planning Commission for hearing and
original determination on the merits. The procedure for notice and hearings held by
the Planning Commission on such applications shall be in accordance with the same
provisions as set forth in this chapter.
D. Public Hearings. Lot line adjustments shall require a public hearing before the
Modifications Committee. Procedures for noticing and conduct of hearings shall be
in accordance with Chapter 20.93 of the Zoning Code
E. Investigation. The Modifications Committee shall cause to be made, by its own
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. �)
Page 19.76 -2
Lot Line Adjustments
members or its respective staffs, such investigation of facts bearing upon such
application as will serve to provide all information necessary to assure that the action
on each application is consistent with the intent of this section and sound planning
practices.
F. Rendering of Decision. After the conclusion of the hearing on any application for a
modification permit, the Modifications Committee shall render a decision within 15
days unless otherwise stipulated by the applicant and the Modifications Committee.
G. Conditions of Approval. The Modifications Committee may impose such conditions
in connection with the granting of a modification permit as they deem necessary to
secure the purposes of this code and may require guarantees and evidence that such
conditions are being or will be complied with.
H. Effective Date and Appeals. Decisions on line adjustments shall not become effective
for 14 days after being granted. In the event an appeal is filed or if the Planting
Commission or City Council exercises its right to call for review any such decision.
Appeals and calls for review shall be in accordance with the provisions for appeal of
tentative parcels maps, as set forth in Section 19.12.060. Upon the filing of an appeal
or a call for review, the original decision shall be stayed and the matter shall be set
for public hearing.
I. Expiration and Amendments. Expiration of and amendments to lot line adjustment
approvals shall be in accordance with Chapter 20.93 of the Zoning Code.
19.76.030 Required Findings
A. General Findings. In approving a lot line adjustment through a modification permit,
the Modifications Committee shall find that the establishment, maintenance or
operation of the use of the property or building will not, under the circumstances of
the particular case, be detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of such proposed use or
be detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and further that the proposed modification is consistent
with the legislative intent of this Subdivision Code.
B. Specific Findings. In approving a lot line adjustment, the following specific findings
shall be made:
The project site described in the proposal consists of legal building sites;
2. Any land taken from one parcel will be added to an adjacent parcel and no
additional parcels will result from the lot line adjustment;
Page 19.76 -3
Lot Line Adjustments
3. The parcels proposed to be created by the lot line adjustment comply with all
applicable zoning regulations and there will be no change in the land use,
density, or intensity on the property;
4. The lot line adjustment, in and of itself, will not result in the need for
additional improvements and/or facilities.
is
)JI
Page 19.80 -1
Certificates of Compliance
CHAPTER 19.80
CERTIFICATES OF COMPLIANCE
Sections:
19.80.010 Description
19.80.020 Review Per Map Act
19.80.010 Description (66499.35)
A certificate of compliance is used to confirm whether real property complies with the provisions
of this Subdivision Code, other applicable City regulations, and the state Subdivision Map Act.
19.80.020 Review Per Map Act (66499.35)
0
The Planning Director shall process certificates of compliance in accordance with the provisions of
Section 66499.35 of the Subdivision Map Act. .
•
Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other
division of the California Government Code. x
PV
EXHIBIT ZA -2:
• AMENDMENTS TO TITLES 13 AND 20
LJ
0
�a ?
CHANGES TO TITLE 13:
STREETS, SIDEWALKS AND PUBLIC PROPERTY
Note: Additions are double underlined and deletions are stfuskevep
Chapter 13.05
STREET IMPROVEMENTS AND DEDICATIONS
Sections:
13.05.010 Street Widening and Improvements as a Condition of Building Permits.
13.05.020 Exceptions.
13.05.030 Waiver Procedure.
13.05.040 Appeal to City Council.
13.05.050 Dedication Procedure.
13.05.060 Improvement Procedure.
13.05.070 Issuance of Building Permits.
Section 13.05.010 Street Widening and Improvements as a Condition of Building Permits.
A. Except as provided in subsection (B), no building or structure shall be constructed
or enlarged by twenty -five (25) percent or more of the existing floor area, nor shall any building
permit be issued for such work, on any lot or parcel of land located in any commercial zoning district
or industrial district (as described in Pai4s 3 and 4 a Title 20 of this Code) which abuts a street or
alley or any lot or parcel of land in a residential zoning district (as described in Part 2 of Title 20 of •
this Code) that abuts a street designated by resolution of the City Council as a "significant link" in
the City's circulation system, unless the one -half of the street or alley which is located adjacent to
the lot or parcel has been dedicated and improved to the full width of the lot to be consistent with
such streets as set forth in the standards specified in the
master plan of streets and highways
;ts and Hiehways, Title
ndard specifications, and provision has been made for
lines in accordance with City specifications, provided,
however, actual improvement shall not be required prior to the issuance of any permit for
construction if the owner or lessee has entered into an agreement with the City and furished
improvement security in accordance with the procedure set forth in Section 13.05.060. For purposes
of this chapter the term "improvements" shall also include the closure of any unused curb cut
determined by the Public Works Director to be unused.
B. The dedication and improvement of property shall not be required pursuant to
subsection (A) when the property fronts on a State highway and there are no buildings or structures
on any portion of the property within the area to be improved pursuant to the 4-hen M_aster-
plan of stfeets and highways Master- Plan 4 Stree4s and Highways
Circulation Element's Master
Plan of Streets and Highway , and any additional setback unless all of the following conditions have
been satisfied:
I . The proposed project contributes to the need to widen the adjacent roadway to master
plan standards; and
2. The project would generate more than three hundred (300) average daily trips; and
1x
3. The proposed project exceeds twenty -five thousand (25,000) square feet of additional
gross floor area (assumes a base FAR use - minimum gross floor area of minimum and maximum
FAR uses shall be adjusted accordingly). (Ord. 93 -25, 1993:
Section 13.05.020 Exceptions.
The requirements of Section 13.05.010 shall be subject to the following exceptions:
A. The maximum area of land required to be so dedicated shall not exceed twenty -five
(25) percent of the area of any such lot or parcel which was of record on the effective
date of this chapter in the Orange County Recorder's office.
B. No dedication shall be required with respect to those portions of a lot or parcel
occupied by a main building which was in existence on the effective date of this
chapter.
C. No additional improvements shall be required in connection with a lot or parcel if
complete roadway, curb, gutter and sidewalk improvements exist within the present
dedication contiguous thereto.
D. T0... Publi.. lV,.dEq Pir-.. ter-......y all .....7... iati,..... 4,......1.e gtrees -,......A..- a,.......tnin..a
BEd Note: This type of exception
is handled in the following Section.]
Section 13.05.030 Waiver Procedure.
Upon written application, the City Manager or such other City official as he may designate
may grant a waiver from all or part of the requirements contained in Section 13.05.010 upon a
finding that one or more of the following grounds for waiver is applicable to the property under
consideration:
B. Because of the character of the area in which the property is located it is determined
that the required improvements can best be constructed through an assessment district.
C. Because of the location, terrain or condition of the property or the surrounding
properties, the construction of the required improvements is determined to be unnecessary or
impractical.
E. The greperty has no vehieulaf aeeess ri&s to the a jaeeat Sheer
F. A major street grade change or realignment is anticipated.
G. 1rii esitien oft d' 1.7 diet 'al. dhe Fthe
p xc- r` circ�iica- i?xxpiv�enxCixsr�vvvisfvFamrnTisxra +cj�rvTCSioaavraxo
Lity polie., entided Vehey f .. Fina... ing Capital lEapre.,,.... eats an T;Rdiwel. ped Land ..,:Q.:.. A.,.
Qty." [policy no longer in effect]
H. The buildings or structures located on the property have been destroyed by fire, flood,
earthquake, act of God, or other casualty, accident or disaster.
The decision of the City Manager shall be in writing and a copy shall be sent to the applicant
by registered mail within five days after the City Manager's decision. (Ord. 1628 § 1, 1975: Ord.
1288 § 1, 1969: Ord. 1282 § 1 (part).
Jas
Section 13.05.040 Appeal to City Council.
If any person is aggrieved by any decision of the City Manager in acting upon an application
for waiver, he may take an appeal to the City Council by filing a written statement setting forth the
grounds of appeal with the City Clerk. The City Clerk shall notify the applicant of the time and place
set for the hearing by registered mail.
The right to appeal from the decision of the City Manager shall terminate upon the expiration
of fifteen (15) days following the deposit of a registered letter in the United States Mail advising the
applicant of the action of the City Manager and of his right to appeal such action to the City Council.
(Ord. 1282 § 1 (part); October 7,
Section 13.05.050 Dedication Procedure.
Any person required to dedicate land by the provisions of this chapter shall present a deed
to the area to be dedicated, properly executed by all parties having an interest in the property,
including beneficiaries and trustees of any deeds of trust as shown by a current preliminary title
report prepared by a title company which shall be furnished at the expense of the applicant. (Ord.
1282 § 1 (part); October 7,
Section 13.05.060 Improvement Procedure.
Any person required to make improvements by the provisions of this chapter shall either
make and complete the same to the satisfaction of the Public Works Director or shall enter into a
contract with the Publie Alor4g Dife ' ~ City to install said improvements and furnish the Elie
n,,.a.. ,,: ~e , ... ,, City adequate security as determined by the Public Works Director to guarantee
completion of the improvements. Such person shall also famish the Publie Pub' `I'a~' ° n:~ City with
complete plans for the work prepared by a licensed civil engineer to the satisfaction of the Public •
Works Director.
For purposes of this section, "improvement security" shall mean any of the following:
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 Public Works Director as to sufficiency.
B. Cash money deposited with the Finance Director.
C. 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 owner or lessee of the
property, in an amount equal to the cost of the improvements and their inspection as established by
the Public Works Director.
D. A letter of intent from a public utility company with assets of over ten million
($10,000,000.00) dollars, operating under the regulations of the Public Utilities Commission of the
State of California.
The improvement security required by this section shall not be required for a period of more
than three years, unless the City has requested that the work be commenced within three years from
the date of the improvement agreement. (Ord. 1282 § 1 (part);
Section 13.05.070 Issuance of Building Permits.
When all improvements and dedications required by this chapter have been completed or
satisfactorily assured, a building permit may be issued. (Ord. 1282 § 1 (part); October 7,
1968)October 7. 0
)a �f
CHANGES TO TITLE 20: ZONING CODE
Note: Additions are double underlined and deletions are struskover.
20.03.030 Definitions
Allev:
street.
Parcel: See "lot ".
Planning Director: The Planninel Director of the City of Newport Beach, or the Planning Director's
designee.
Site: A let ef group of eenfiguoas lets -pt divided by an n sif eet, other righ4 of • ,y way, lifak, 03�t is pfepesed €er develepmenf km aeeerd the pr-evisiens efthis a a is in a sin&
skip -er has mt4tiple^ewaerS all of y4iom gin in an a__,:.....:.._ for development. See
"Building site ".
Street: qty - publie eF pFivate th r- augh€are ••Melt -a• a� prineipal means ef aeress —abuoiag
preperty, - = = = - i°°'- n ding = —nee, plaee— wa3,dri e, lane, beulevard high a3 feed and any --theff
ther-oughfare emeept an alley as defined . A public or private vehicular right -of -way, including
Zoning Code: Title 20 of the City of Newport Beach Municipal Code as amended
4 1 a5
20.10.030 Residential Districts: Property Development Regulations
The following schedule prescribes development regulations for residential districts. The columns
prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the
"Additional Regulations" column reference regulations following the schedule or located elsewhere
in this code.
Residential Districts: Property Development Regulations
R -A
R -1
R -1.5
R -2
MFR Additional Regulations
Minimum Site Area per
- --
- --
1,000
1,000
1,200 (A� (B)
Unit (sq.ft.)
Minimum Lot Area (sq. ft.)
87,120
5,000
5,000
5,000
5,000 (A)
-Comer Lots (sq. ft.)
87,120
6,000
5,000
6,000
6,000 (A)
Minimum Lot Width (ft.)
125
50
- --
50
50 (A)
-Comer Lots (ft.)
125
60
- --
60
60 (A)
Minimum Yards:
Front (ft.)
20
20
20
20
20 (C� (D), (Fr} (F), (H), (K)
Side (ft.)
5
3;4
3;4
3;4
3;4 (C), (D), (Fr} (G), (H)
Comer Side (ft.)
5
3;4
3;4
3;4
3;4 (C� (D� (Fr} (% (H)
Rear (ft.)
5;25
10
10
10
10 (C), (D), (Fr} (H), (Q)
- Abutting an alley (ft.)
(n
Distance Between Detached Buildings
Maximum Height (ft.)
Maximum Floor Area Limit
Maximum Coverage
Required Open Space
Oft -Street Parking and Loading
40%
2.00 1.50 2.00
IH
(K� (L)
1.75 (K� (M)
(1`I)
(K),(0)
(P)
Residential Districts: Additional Property Development Regulations
(A) Se_ Seeti n 20 60 nnn: Developineiii on Subs _.loan rots and A---ass Prep. fty Lines. e. See
Chapter 19.68 in Title 19: Merger of Contiguous Lots.
(B) See Section 20.60.045: Slopes and Submerged Lands.
5 la
0
(C) See Section 20.60.030: Extensions Into Yards.
(D) See Section 20.60.020: Accessory Structures and Mechanical Equipment.
[REMAINDER OF SECTION UNCHANGED/
20.15.030 Commercial Districts: Property Development Regulations
The following schedule prescribes development regulations for commercial districts. The columns
prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the
"Additional Regulations" column reference regulations following the schedule or located elsewhere
in this code.
Commercial Districts: Property Development Regulations
Minimum Lot Area (sq. ft.)
-Comer Lots (sq. ft.)
Minimum Lot Width (ft.)
-Comer Lots (ft.)
Minimum Yards:
Front (ft.)
Side (ft.)
- Abutting an R District (ft.)
Rear (ft.)
- Abutting an R District (ft.)
- Abutting an alley (ft.)
Bulkhead Setback
RSC APF RMC Additional
Regulations
10 10 10
0 Maximum Height (ft.) (F)
6 /al
(A)
2,000
2,000
2,000
(B), (C)
25
25
25
(B)
- --
15
- --
(C), (D), (E)
(C), (D), (F)
5
5
5
(C), (D), (F)
(C), (D)
5
5
5
(C), (D)
10
10
10
(C), (D)
10 10 10
0 Maximum Height (ft.) (F)
6 /al
Commercial Districts: Property Development Regulations
RSC APF RMC Additional
Regulations
Maximum Floor Area Limit (G)
Off - Street Parking and Loading (H)
Commercial Districts: Additional Property Development Regulations
(A) See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts.
(B) See Seetien 20.60.0 40: ^e. , F c t .,,load r a n r See
.. e.e snei3t en vriv5smmmv .. ...- Div- rriea= i-ivpi�.Tniiacr _
Chapter 19.68 in Title 19: Merger of Contiguous Lots..
[REMAINDER OF SECTION UNCHANGED]
0
20.20.030 Industrial Districts: Property Development Regulations
The following schedule prescribes development regulations for industrial districts. The columns
prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the
"Additional Regulations" column reference regulations following the schedule or located elsewhere
in this code.
Industrial Districts: Property Development Regulations
M -1 M -1 -A IBP Additional
Regulations
(A)
Minimum Lot Area (sq. ft.) - -- 10,000 10,000 (B), (C)
Minimum Yards:
Front (ft.) - -- 15 15 (C), (D),
(E), (F),
(G)
Side (ft.) - -- - -- - -- (C), (D),
Rear (ft.) - -- - -- ---
(C) (D)
•
Industrial Districts: Property Development Regulations
M -1 M -1 -A IBP Additional
Zone Separation
Maximum Height (ft.)
Maximum Floor Area Limit
Landscaping
Off - Street Parking and Loading
Performance Standards
Required Screening
• Street Right -of -Way Widths
11
(I)
(J)
(K)
(L)
(M)
(1`1)
(0)
(P)
Industrial Districts: Additional Property Development Regulations
(A) See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts.
(B) See See fien 20 60 040. rieyej,.. r aa fa-ens on - 9uh...._,,. rots and er-e..s n___,.rty Lines. See
Chapter 19.68 in Title 19: Merger of Contiguous Lots.
[REMAINDER OF SECTION UNCHANGED]
8 la 1
20.35.060 Development of Coastal Bluff Sites in Planned Community Districts
[A -F: NO CHANGES] .
G. Public Access and Dedication Requirements. The location and design of a proposed
project shall maximize public access to the coastal bluff areas as follows:
Public access to coastal bluff areas shall be assured through the design of the
local street system and through the location of public trails and walkways
adjacent to the bluffs.
The City may require the dedication of right -of -way or the granting of
easements may be improved or not improved at the option of the City Council.
Area required for right -of -way dedication or for the granting of access
easements is in addition to the area required for park dedication.
2. Areas adjacent to coastal bluffs having significant view potential shall be
designated for use as view parks or vista points consistent with the parkland
dedication requirements of Chapter 19.52 of the Subdivision Code.
Land required to be dedicated for neighborhood parks per Chapter 19.52 of the
Subdivision Code. but which is intended to remain in an unimproved, natural
state, should be located adjacent to the bluffs; any portion of that land required •
to be dedicated for neighborhood parks which is intended to provide active
recreational facilities may be located in the interior portions of the proposed
development.
4. Bluff face areas need not be accepted by the City for any type of dedication.
[REMAINDER OF SECTION UNCHANGED/
•
9 X36
NEWPORT SHORES SPECIFIC PLAN:
20.41.060 Residential Development: Property Development Regulations
The following schedule prescribes development regulations for residential development areas. The
columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in
the "Additional Regulations" column reference regulations following the schedule or located
elsewhere in this code.
Residential Development: Property Development Regulations
Residential Development Additional
Regulations
Minimum Site Area per Unit (sq. ft.) 1200;1500 (A), (B)
Minimum Yards:
Front (ft.) 5 (C), (D), (4
Side (ft.) 3;4 (C), (D), (B} (F)
Rear (ft.) 5 (C), (D), (E)
Distance Between Detached 10
Buildings
Setback from Coast Highway 18 (G)
Maximum Height (ft.) (H)
Maximum Floor Area Limit 2.0 (I)
Outdoor Living Area (,I)
Off - Street Parking (K)
Residential Development: Additional Property Development Regulations
(A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots.
(B) For each dwelling unit up to a maximum of two units, there shall be a minimum of 1200
square feet of lot area. For each dwelling unit in excess of two units, there shall be a
minimum of 1500 square feet.
(C) See Section 20.60.030: Extensions Into Yards.
(D) See Section 20.60.020: Accessory Structures and Mechanical Equipment.
(B) See Seetien 20.60.03 5--. Changes in 3;af d ReqHiFefnews.
• ]REMAINDER OF SECTION UNCHANGED]
10 R1
20.41.080 Commercial Development: Property Development Regulations
The following schedule prescribes development regulations for commercial development areas. The .
columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in
the "Additional Regulations" column reference regulations following the schedule or located
elsewhere in this code.
Commercial Development Regulations
Commercial Additional Regulations
Minimum Lot Area (sq. ft.) 2,000 (A)
Minimum Lot Width (ft.) 25 (A)
Minimum Yards
Front (ft.)
- -- (B), (C)
Side (ft.)
- -- (B)
- Abutting residential area (ft.)
5 (B)
Rear (ft.)
- -- (B)
- Abutting residential area (ft.)
5 (B)
- Abutting an alley (ft.)
10 (B)
Bulkhead Setback
- --
Maximum Height (ft.)
(D)
Maximum Floor Area Limit
(E)
Off - Street Parking and Loading
Commercial Development: Additional Property Development Regulations
(A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots.
[REMAINDER OF SECTION UNCHANGED]
0
II 13�
MARINER'S MILE SPECIFIC PLAN.
9 20.42.050 Property Development Regulations
0
Mariner's Mile Specific Plan District: Additional Property Development Regulations
(A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots.
(P) SP -5 (RSC) District. No dedication of right -of -way along the north side of Coast Highway
shall be required pursuant to Chapter 13.05 (Street Improvements and Dedications) or Title
19 (Subdivision Code) of the Municipal Code, or as a condition to any parcel map or use
permit for any project that strictly complies with the highway setback requirements unless
all of the following conditions have been satisfied:
[REMAINDER OF SECTION UNCIIANGEDJ
12
1�3
C 4NNERY VILLAGEIMCFADDEN SOUARE SPECIFIC PLAN:
20.43.070 Residential Property Development Regulations
The following schedule prescribes development regulations for the Cannery Village/McFadden Square
Specific Plan District. The columns prescribe basic requirements for permitted and conditional uses.
Letters in parentheses in the "Additional Regulations" column reference regulations following the
schedule or located elsewhere in this code.
Cannery Village/McFadden Square
Specific Plan District:
Residential Property Development
Regulations
R -1
R -2
MFR
Additional
Regulations
Minimum Yards:
Front (ft.)
5
5
5
(A), (B), (C), (H) (E)
Side (ft.)
3;4
3;4
3;4
(A), (B), (C), (H} (E)
Rear
---
---
—
(A), (B), (C), (»i (E)
- Abutting an alley (ft.)
5
5
5
(A), (B), (C), (13), (E)
Other property development regulations (F)
Cannery Village/McFadden Square Specific Plan District:
Additional Residential Property Development Regulations
(A) R -I and R -2 Districts. Each side yard shall be not less than 3 feet wide on development sites
40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the
rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less
than the front yard required or existing on the adjacent reversed frontage.
MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less;
4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width
to 8 percent of the average lot width for lots 50 feet or greater in width; provided that in no
event shall a side yard wider than 25 feet be required; and provided further that the side yard
on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not
be less than the front yard required or existing on the adjacent reversed frontage.
(B) See Section 20.60.030: Extensions Into Yards.
(C) See Section 20.60.020: Accessory Structures and Mechanical Equipment.
(P) See Seetion 20.60.035i Changes in Yafd Requirements.
[REMAINDER OF SECTION UNCHANGED)
9
13 )3(l-
0
`1
CHAPTER 20.44
SPECIFIC PLAN DISTRICT #7
SANTA ANA HEIGHTS
Sections:
20.44.010 Establishment of Specific Plan District -Santa Ana Heights
20.44.015 Purpose
20.44.020 Design Guidelines
20.44.025 Land Use Regulations
20.44.030 Open Space and Recreation District: SP -7 (OS/R)
20.44.035 Residential Equestrian District: SP -7 (REQ)
20.44.040 Residential Single Family District: SP -7 (RSF)
20.44.045 General Commercial District: SP -7 (GC)
20.44.050 Business Park District: SP -7 (BP)
20.44.055 Professional and Administrative Office District: SP -7 (PA)
20.44.060 Professional, Administrative and Commercial Consolidation District: SP -7 (PACC)
20.44.065
Planned Development Combining District: (PD)
20.44.070
Commercial Stable Overlay District: (S)
20.44.075
Public Improvements
20.44.080
Discretionary Review and Amendments
20.44.010 Establishment of Specific Plan District - Santa Ana Heights
A. Specific Plan District.
The provisions of this Chapter shall apply to all parcels within the boundaries of Santa
Ana Heights Specific Plan District #7, as shown on the "Specific Plan District #7 Land
Use Map" (Exhibit 20.44- 1), incorporated herein and designated "SP -T' on Districting
Maps No. 34, 42, 61, and 67.
B. Redevelopment Projects.
Redevelopment projects within the Santa Ana Heights Specific Plan District shall be
governed by the provisions of Chapter 15.65 of the Municipal Code.
C. Modified Street Standards.
[REMAINDER OF SECTION UNCIIANGED]
14
) 215
CENTRAL BALBOA SPECIFIC PLAN:
20.45.035 Commercial Property Development Regulations
The following schedule prescribes development regulations for Central Balboa Specific Plan District
commercial areas. The columns prescribe basic requirements for permitted and conditional uses.
Letters in parentheses in the "Additional Regulations" column reference regulations following the
schedule or located elsewhere in this code.
Central Balboa Specific Plan District:
Commercial Property Development Regulations
RSC RP Additional
Regulations
(A)
Minimum Site Area per Unit (sq. ft.) 1000 (B)
Minimum Lot Area (sq. ft.)
2,000
5,000
(C)
- Corner Lots (sq. ft.)
2,000
6,000
(C)
Minimum Lot Width (ft.)
25
50
(C)
- Corner Lots (ft.)
25
60
(C)
Minimum Yards:
(A), (D)
Front (ft.)
5
(A), (D), (E)
Side (ft.)
- --
3;4
(A), (D), (F)
- Abutting a residential district (ft.)
5
3;4
(A), (D)
Corner Setback
8
- --
(A), (D), (G)
Rear (ft.)
- --
10
(A), (D)
- Abutting a residential district (ft.)
5
10
(A), (D)
- Abutting an alley (ft.)
10
5
(A), (D)
Required Building Lines
- --
(A), (H)
Required Vertical Articulation
- --
(A), (I)
Required Horizontal Articulation
- --
(A), (J)
Bulkhead Setback
10
10
(A), (K)
15 �3�
0
0
Central Balboa Specific Plan District:
Commercial Property Development Regulations
RSC RP Additional
Regulations
Landscaping 8% - -- (A), (L)
Building Materials
Maximum Height (ft.)
Maximum Floor Area Limit
Required Open Space (sq. ft.)
Off - Street Parking and Loading
Non - conforming Structures and Uses
Refuse Storage Screening
Signs
(A), (M)
(A), (N)
(A),(0)
loo loo (A),(13),(P)
(A), (Q)
(A), (R)
(A), (S)
(A), (T)
Central Balboa Specific Plan: Additional Commercial Property Development Regulations
(C) See Seetien 20.60.040i Peyelepm@w en Substandard Lets and Aer-ass Pr- gpeFEy Lines. See
Chapter 19.68 in Title 19: Merger of Contiguous Lots
[REMAINDER OF SECTION UNCIIANGEDJ
20.45.040 Residential Districts Property Development Regulations
The following schedule prescribes development regulations for Central Balboa Specific Plan District
residential areas. The columns prescribe basic requirements for permitted and conditional uses.
Letters in parentheses in the "Additional Regulations" column reference regulations following the
schedule or located elsewhere in this code.
16 0
Central Balboa Specific Plan District:
Residential Property Development Regulations
R -2 MFR Additional
Regulations
Minimum Site Area per Unit (sq. ft.)
Minimum Lot Area (sq. ft.)
-Comer Lots (sq. ft.)
Minimum Lot Width (ft.)
-Comer Lots (ft.)
Minimum Yards:
Front (ft.)
Side (ft.)
Rear (ft.)
- Abutting an alley (ft.)
Bulkhead Setback
Distance Between Detached Buildings
Maximum Height (ft.)
Maximum Floor Area Limit
Maximum Coverage
Required Open Space (sq. ft.)
1,000 1,200 (B), (C)
5,000 5,000 (B)
6,000 6,000 (B)
50
50
(B)
60
60
(B)
(A), (D),
(E), (F)
5;10
5;10
(A), (D),
(E), (F=} (G)
3;4
3;4
(A), (D),
(E), (F} (H)
10
10
(A), (D),
(E), (F)
5
5
(A), (D),
(E), (F)
10
10
(A), (1)
10 10
(A), (J)
2.00 1.75 (A), (K)
100% 100% (A), (K)
100 100 (A), (L)
Off -Street Parking and Loading (A), (M)
Central Balboa Specific Plan: Additional Residential Property Development Regulations
(A) See Section 20.45.050 (A): Alternative Development Regulations.
(B) Notwithstanding any other provision of this section, at least two dwelling units may be
permitted on any lot or parcel which was legally in existence as of October 24, 1988, and
which has a land area of at least 2,400 square feet.
(C) See Seetien 20.60.049: Develepmeeten 80sta betsand 4 cress Rr-epefty Lines. See
Chapter 19.68 in Title 19: Merger of Contiguous Lots.
(D) See Section 20.45.050 (B): Extensions Into Yards.
(E) See Section 20.60.020: Accessory Structures and Mechanical Equipment.
(l's) See seetien 29.69.933: Change Yai-7d Requirements.
[REMAINDER OF SECTION UNCHANGED/
P
0
17 by
CHAPTER 20.56
• PRD
PLANNED RESIDENTIAL DEVELOPMENT
OVERLAY DISTRICT
Sections:
20.56.010
20.56.020
20.56.030
20.56.040
20.56.050
20.56.060
20.56.070
Purpose
Application
Districting Map Designator
Land Uses Regulations
Property Development Regulations
Relocation of Structures in Common Area
Conformance Requisite to Building Permit Issuance
20.56.010 Purpose
A planned residential development is a development planned and designed as a unit to produce an
environment of stable, desirable character not out of harmony with its surrounding neighborhood and
• which meets standards of density, open space, light and air, pedestrian and vehicular access, and
traffic circulation similar to the regulations of this code for the residential districts in which such
development is to be located.
20.56.020 Application
A. Use Permit Required. Planned residential developments may be permitted in any
residential district when a use permit is first secured for each such development. Such
use permit shall be subject to the regulations and requirements of this chapter and
notwithstanding the provisions of Chapter 20.10 shall be processed in accordance
with the terms of this section.
B. Fee. Any application for a use permit under the provisions of this chapter shall be
accompanied by a fee as established by Resolution of the City Council.
C. Processing. Such application shall be processed by the Planning Commission and
transmitted to the City Council with a recommendation for its approval or
disapproval and by any conditions the Planning Commission feels should be
imposed. The City Council may approve, disapprove or refer the same back to the
Planning Commission for further processing. Any such permit is subject to the final
approval of the City Council.
D. Application Contents. An application for a planned residential development shall be
18 131
in the form of an application for use permit and shall be accompanied by the
following information, maps and plans:
A boundary survey map of the real property. Also, a tentative subdivision
map may be sub °a shall be required in accordance with Title 19
(Subdivision Code) if the applicant proposes to subdivide the property.
[REMAINDER OF SECTION UNCHANGED/
20.56.050 Property Development Regulations
The following schedule prescribes development regulations for the PRD Overlay Districts. The
columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in
the "Additional Regulations" column reference regulations following the schedule or located
elsewhere in this code.
PRD Overlay District: Property Development
Regulations
Minimum Site Area per
Unit (sq.ft)
Minimum Floor Area
Minimum Yards
Distance Between Detached Buildings
Maximum Height (ft.)
Maximum Coverage
Off -Street Parking and Loading
PRD Additional Regulations
(A)
(B)
(C)
(C)
(D)
40% (E)
iii
(0) LF)
(A) The minimum land area for each family dwelling unit, exclusive of land area being set aside
for the rights -of -way of public or private streets and alleys, shall be not less than that
required for the district or districts in which such development is to be located.
(B) There shall be a minimum floor living area of 1,000 square feet for each family dwelling unit
in an R -I or R -2 District. Garage space shall not be included in measuring this requirement.
0
•
19 1 qb
(C) The front and rear yards and open spaces between buildings shall be designated in the use
• permit.
(D) The maximum building heights shall be designated in the use permit, but shall in no event
exceed the building height limits specified in Chapter 20.65.
0
0
(E) The maximum building coverage for the development shall not exceed 40 percent of the land
area being developed, exclusive of land area being set aside for the rights -of -way of public
or private streets and alleys.
(F) —A plamed residential develepfaeet shall be bounded an all sides y publie stFcete.
no,3:,i . ,.:11 ....t 1. .. :..........:..a,,..a ..d A...A,.,.....a., .. a.... A.. ..,1....C..,.A,...t..:........A ...,1, :,...1....
ifi- 166at2�
[REMAINDER OF SECTION UNCHANGED/
20 11
10.60.035 1;haqges in Vard Requirements
The piffiff9ag C13 ehanges iftt the yard setbaek requifemeffts appheable — --.. •
I
subdiAtis•on having 5 of fnefe lots at & 6fae that it appr-eves the final 4aet ffmp fef: said siihdivi-siAn
The eapplieant s4all submit N,.ith his applieat4efi an eiEaet eepy of *e final treet map ag-*e
pr-epesed ehanges. The deeision of the Plaiming Creffanission shall be subjest to review by the Gity
Gooneil apd it may app-eve, disappfqA!,e or Hlqd� said deeisien if the Gity CauReil appreves 911ph.
ehanges, the Dis4iefing Map shall be FeN4sed aeeefdiag4y.
20.60.040 Development on Substandard Lots and Across Property Lines
... ..........
apy site of less then 9,000 Sqwfe feet W14ek existed pfief tA M-RfA
40, 1976, a twe family dAvllifig met), be ea-stfueted previded that thefe shall be no!
less thafi. 1,000 • squafe feet Of land - ca ea f9f eaeh family-afiit-.
•C�A-W-qifig of Lots and P-eels 4egiiired. W4efe a site eentains a let, a pffeal Of
A47 lots an&ef pafeels ieh, bee--use of their, iad :,jduaj size,
eer+figuratien or 19eation, --fe insuffieient to meet the r-eViFefneats 911EWs eade as-a
sepafate develepmepA site; or wheFO a building eresses or- is planned to eress an
existing pFapefty etieq of alte-atien to a single fafai4y dwelling
or twe Eap-1), dwelling in eiieess of $20,705.09 shall be peffnioed UfA•l sueh tifne as
the 9-.,,-e!: or ownefs Of gaid lots Or pafeels has eaused ta be eweputed fflid- r-erorded
a eevegant and agFeefaent to hold said lots ef par-eels as a single development
Said eeven••• and egfeeffient shall have t,.,........ d by 4he City Memey as te
f
fe•fa apd the Planning Direstef as to eentent. in the ease of all e'44ef fofms A
development3 no to swisting stmetwes in Oweess Of
$20,709.00 shall be permitted until sueh t-fae a Fe-subdivi-qien OF if deemed
.. . . tie by •••' »•••••• 3ATe4ks Difeeter-, a let line adjustmew, hA.-; EtAfIAh4I@d RRid
lots or pafeels inw a single developffient site. The deliaf ameunts noted in this
seetion shall be inefeased autegimieelly, based upon any interk-n ifieFease in the
Cepsumer Pnee lg&i (0he Los A--geles Legg Beae.4 "El Apaheim. index) and tims
autema6e ineFease shall be ealeul-Med- and- beyAfag efftetive My 1, 1994 And
ther-eaf4er-, on Xuly I Rf @Re' Pi-se—al Year Fe - v4i-ieh to CPI ehange appl
MINN.
- ------------- MINION
21 ) q
20.60.045 Slopes and Submerged Lands
MFR District. The minimum land area may be established by the Districting Maps. For purposes of
determining the allowable number of units, areas which have a slope greater than 2:1 or which are
submerged shall be excluded from land area. Submerged areas are defined to be areas which are
below Mean Higher High Water.
Not withstanding any other provision of this section, at least 2 dwelling units may be permitted on
any lot or parcel in the MFR District which was legally in existence as of October 24, 1988, and
which has a land area of at least 2,400 square feet, excluding areas having a slope greater than 2:1
and submerged areas.
• [REMAINDER OF SECTION UNCHANGED]
•
22 10
CHAPTER 20.83
RESIDENTIAL CONDOMINIUM PROJECTS
Sections:
20.83.005 Intent and Purpose
20.83.008 Condominium Conversions Regulated by Title 19
20.83.010 Definitions
20.83.015 Required Approvals
2 &03 -020 Fees
20.83.025 &AndArdq
20.83 30 ers TGT19fDevelopment gtan ar-ds
20-83 -033 Vaeaney
20.83.040 Existing Structures and Uses - Approved Plans
20.83.005 Intent and Purpose
The City Council finds and determines that residential condominium projects differ in many aspects
from other types of construction and form of ownership and development. Therefore, these
regulations are adopted to guide the development of new residential condominium projects es44
eeiwersions of ei-isting dwelling units to eeaden4ipiium . It is the intent of these regulations
to provide a balanced mix between ownership and rental housing in order to assure the development
of a variety of housing types to serve the needs of the community.
20.83.008 Condominium Conversions Regulated by Title 19
20.83.010 Definitions
For the purposes of this Chapter and this Zoning Code, the following terms used herein shall have
the meanings indicated:
A. Condominium. The tefm
eendeminium praieet, as defined in Seetien 1350 efthe Q*il Code, eemaining tw.e
or " def. -ea in Seetien 799 of the Giyi1 Code. " eeF&-Atmity
apait-ment ,
., Qe..«:e.. 11002.2 Af A.e D.. ": «,. ".. and P f s " Cede eeataining two or mer-e
sepa—riAely eA%ed lats, pafeels er- areas; or an), other sueh prejee! as defined bysta4e
L]
0
haw- The term "condominium" shall mean and include the following: A .
condominium protect, communityapartment project or stock cooperative as defined
in Section 1351 of the California Civil Code. In addition, for the purpose of this
23 ��
Chapter, development which offers own - your -own or fee ownership units, whereby
the individual owns land directly below the "footprint" of said unit, and all other land
within the project is owned in common, shall be defined as a "condominium ".
IZ Qfganizgiaaal Deeumef!!-. .. The
n ..........:.. ...d,._.., ,1..
teFm
•,.„n ..1...11
M-eAn
d°el.:'"......: B€ FcSaioclvns,
laws
-and for-
ai4xcico-
oi�xcofpoFmxoirz7—
- imTvCmancc:r 'the
C. Project. The term "project" shall mean the entire parcel of real property proposed to
be used or divided, as land or airspace, into two or more units as a condominium.
D. Unit. The term "unit" shall mean the particular area of land or airspace that is
designed, intended or used for exclusive possession or control of individual owners
or occupier.
_ . r..
. _..
... .. _ .
. .. .. ._._
M-i.
°--
-- - .. .x- -• ... ..
20.83.015 Required Approvals
A. Condominium projects may be permitted in any district in which residential uses are
permitted, including planned communities, except within the R -1.5 District (Balboa
lsuoaivision (:oae). in ptannea community alstncts, reslaentlal aevetopments, an or
part of which have been specifically designated as condominium projects on the
approved planned community development plan, shall be permitted in accordance
with the provisions of said plan.
B. shall be similarly peFmWed in aRy dis#iet in -A4;iph
a
M 9M
24 ) 75
C. No person shall construct a new condominium development Aff Pop-O# Ap exist,
residential use to a eRndsminimm within the City of Newport Beach without first
complying with the provisions of this Chapter.
wall not be _ _,.a to he ai,.a . til a edi fi .alien peFmit has been a eyed in
preelude the , pr-eeessing a f the ....,.. and the .. adifisati.... .
.. ...:.i......
25 .1 q�
■ .. ..
..... .. . ....
._. .. ._ .. .. _. ..
Fight
t6 —medif +, or -wive any of the stw"da ds r Fed by cubseetions -20.89.92566.
P), if .....1.
.al A+e .;4fi .t .. ..1:....ee .,.:.1. Athese ..tgndprds
The Medifications Gawiii#ee, by
have the
a majority vate efthose pr-eseR4 and voting, shed!
Fight
t6 —medif +, or -wive any of the stw"da ds r Fed by cubseetions -20.89.92566.
P), if .....1.
.al A+e .;4fi .t .. ..1:....ee .,.:.1. Athese ..tgndprds
1. The— projeef will faitu—mize the effeet on a...ell:.,g upi. vaeaney rate, and
othe..yAse ....l..a.mtiall.. e .J.. ...LA. the i134e..� eP is f�hapte... or
v
e
26 ) q 1
20.83.040 Existing Structures and Uses - Approved Plans
Any residential condominium development, whether originally established as such or converted from
multi - family units, which lawfully exists on the effective date of this Chapter (September 10, 1979),
or for which building permits have been issued, or for which an approved planned community develop-
ment plan specifically provides that proposed residential developments shall be condominiums, shall
be permitted to continue such use as approved. Any addition, expansion or substantial alteration of the
development plans shall be subject to all provisions of this Chapter and Title 19 (Subdivision Code).
27
11�
CH. 20 -86. LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE.
• 20.86.070 Notice and Public Hearing
E
B. Required Notice.
The A edifiirat:ans r,,.....4i#ee shall give ne fi,.e a fthe ....taue hearing in a,e
same manner as presefibed in See4isn 2093030 for- a-U GRPps reviewed by
a... "44th fig;itips° Geffffaiaee. Public hearines shall be required for review of
all CDRP's in the manner as prescribed in Section 20.93.030.
[REMAINDER OF SECTION UNCHANGED]
28 j q1
CHAPTER 20.92: SITE PLAN REVIEW.
20.92.020 Projects Subject to Site Plan Review 0
A. Site plan review approval shall be required prior to the issuance of a grading permit
or a building permit for any new structure, including fences, to be constructed, or
existing building to be reconstructed or remodeled to increase the gross floor area by
50 percent or 2,500 square feet whichever is less, or increase the roofline or height
for the following:
Specific Plans. Projects within the areas designated on the land use plan of
the General Plan for the development of a specific plan, for which a specific
plan has not been adopted.
Exception: Site plan review shall not be required for construction or
alteration of single - family dwellings or duplexes in any residential
zone where such development is consistent with the land use
designation of the General Plan.
2. SPR Overlay District. Projects within a SPR overlay district.
3. Establishment of Grade. The establishment of grade by the Planning
Commission or the City Council in accordance with Section 20.65.030 (B -3).
4. Other Proiects. Projects which have been designated for site plan review as •
a condition of approval fora tentative subdivision
map by the Planning Commission or City Council. However, no site shall be
subject to site plan review unless the decision - making body finds that one of
the criteria established in Section 20.55.030 is met.
(REMAINDER OF SECTION UNCHANGED/
20.92.060 Duties of the Planning Commission
A.
B. Project Approval. If all applicable standards established by this section are met, the
Planning Commission shall approve the development. Conditions may be applied
when the proposed development does not comply with applicable standards and shall
be such as to bring said development into conformity.
Exception. The City Council shall have final decision - making authority on
the applications for site plan review filed concurrently with amendments to
the general plan, zoning code, or a planned community development plan or •
with a development agreement.
[REMAINDER OF SECTION UNCHANGED]
29 156
CHAPTER 20.93: MODIFICATION PERMITS:
• Note: Additions are double underlined and deletions are s"ekoi
20.93.020 Modifications Committee
A. ... [UNCHANGED]
B. Authori . Whenever a strict interpretation of the provisions of this code, or its
application to any specific case or situation would preclude a reasonable use of
property not otherwise permissible under existing regulations, the Modifications
Committee may grant approval of such modifications relating to:
Required building setbacks in front, side or rear yards;
2. Heights of walls, hedges or fences;
3. Distances between buildings;
4. Area, number and height of signs not requiring an exception permit or limited
by Planned Community District regulations;
5. Roof signs and off -site signs in accordance with Chapter 20.67;
• 6. Structural appurtenances or projections which encroach into front, side or rear
yards;
7. Location of accessory buildings on a site; the construction or installation of
chimneys, vents, rooftop architectural features and solar equipment in excess
of permitted height limits;
8. Size or location of parking spaces or access to parking spaces;
9. Swimming pool and swimming pool equipment encroachments;
10. Roof parking of automobiles in nonresidential districts;
11. Minor modifications and improvements to nonconforming buildings;
12. Lot line adjustments, in accordance with Chapter 19.76 of Title 19
(Subdivision Code);
13. Tentative parcel maps, in accordance with Chapter 19.08 of Title 19
(Subdivision Code);
14. Condominium conversions in °eear-a° ee. ,Aitli''hapter 20.83 involving four
30 �J1
Chanter 20.83 and Title 19 (Subdivision Code); and
15. Such items as may be subsequently set forth by the Planning Commission
resolution, subject to a confirming resolution by the City Council. The
Modifications Committee shall also pass upon all requests to extend existing
use permits which have been approved by the Planning Commission and
exercised by the applicant.
[REMAINDER OF SECTION UNCHANGED]
20.93.025 Application for a Modification Permit
A. Procedure. An application for a modification permit shall be filed in a manner
consistent with the requirements contained in Chapter 20.90: Application Filing and
Fees. 149wevef, in 4he ease efa lot line ..a:.......en4 a,e =°__ "a e.. _,sell ,.. of
B. Required Plans and Materials. An application for a modification permit shall be
accompanied by the following:
Plot plans showing all property lines, structures, parking, driveways, other
major improvements or facilities and landscaped areas.
2. Elevations of all proposed structures.
Other plans such as floor plans as may be required by the Planning Director
to assure a proper consideration of the application.
4. In the case of a lot line adjustment, ° map prepared by a "eensed" FVeyer ff
vil engineer sherring the line to be adjusted, P y lines of.,,
adjeining el and stp-,.... ", adj at to the line to be adjusted. the
materials described in Chapter 19.76 of Title 19 (Subdivision Codel
20.93.030 Notice and Public Hearing
B. Time of Hearing. Upon the receipt, in proper form, of any application filed pursuant
to this chapter, a time and place for a public hearing shall be fixed, to be held not less
than 10 days nor more than 30 days thereafter.
31
•
i
l��
. C. Required Notice.
1. Mailed or Delivered Notice.
LJ
a. Residential Districts. At least 10 days prior to the hearing, notice shall
be mailed to the applicant and all owners of property within 4-99 300
feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the applicant
to obtain and provide to the City the names and addresses of owners
as required by this section. [Note: 65091 of the Govt. Code specifies
minimum 300 feed
b. Nonresidential Districts. At least 10 days prior to the hearing, notice
shall be mailed to the applicant and all owners of property within 4-99
300 feet, excluding intervening rights -of -way and waterways, of the
boundaries of the site, as shown on the last equalized assessment roll
or, alternatively, from such other records as contain more recent
addresses. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by
this section.
2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places
on or close to the property at least 10 days prior to the hearing.
D. Contents of Notice. The notice of public hearing shall contain:
1. A description of the location of the project site and the purpose of the
application;
2. A statement of the time, place, and purpose of the public hearing;
3. A reference to application materials on file for detailed information;
4. A statement that any interested person or authorized agent may appear and
be heard.
E. Continuance. Upon the date set for a public hearing before the Modifications
Committee, the Modifications Committee may continue the hearing to another date
without giving further notice thereof if the date of the continued hearing is
announced in open meeting.
32 153
20.93.035 Duties of the Modifications Committee
A. Investigation. The Modifications Committee shall cause to be made, by its own •
members or its respective staffs, such investigation of facts bearing upon such
application as will serve to provide all information necessary to assure that the action
on each application is consistent with the intent of this section and sound planning
practices.
B. Rendering of Decision. After the conclusion of the hearing on any application for a
modification permit, the Modifications Committee shall render a decision within 15
days unless otherwise stipulated by the applicant and the Modifications Committee.
C. Referral to Planning Commission. In the event the Modifications Committee
determines that an application should properly be heard by the Planning
Commission, it may refer the matter to the Planning Commission for hearing and
original determination on the merits. The procedure for notice and hearings held by
the Planning Commission on such applications shall be in accordance with the same
provisions as set forth in this chapter.
D. Administrative Act. The granting of any modification permit, when conforming to
the provisions of this code, is hereby declared to be an administrative function, the
authority and responsibility for performing which is imposed upon the Modifications
Committee and the Planning Director and the action thereon by the Modifications
Committee or Planning Director shall be construed as administrative acts performed
for the purpose of assuring that the intent and purpose of this code shall apply in
special cases, as provided in this section, and shall not be construed as amendments
to the provisions of this code or the districting map of the City.
20.93.040 Required Findings
A. In order to grant relief to an applicant through a modification permit, the
Modifications Committee shall find that the establishment, maintenance or operation
of the use of the property or building will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of such proposed use or
be detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and further that the proposed modification is consistent
with the legislative intent of this code.
i:�. - - - H!snrrreNwn!fre
=s+. - -
i. The degenbed in the - eensists ef legal building sites;
2. Any l.; Rd taken f+e :steel Y411 be addled to an adj..,.ent eel and no •
additi.....1 . ee,.....:r, _ 4114 f+,.._. 4, e, .,: A:.. 4 e .•
4444... -4444. ,
33 )5
0
3. The ......eel... ..e,l to be ,..,...t..,l by the lot line e.i:.,..t...e..t ..e.....1......tl, all
..l:eel.le �eaiag ..letie «e and that there 44 be no ehaRge in the
use, density, or- intensity an the . .t.,r
Mom
]ED. NOTE. ABOVE PROVISIONS RE LOT LINE ADJUSTMENTS MOVED TO CH.
19.76 OF SUBDIVISION CODE]
[REMAINDER OF SECTION UNCHANGED]
34 p5
CHAPTER 20.95
20.95.010 Purpose
A. Appeals. To avoid results that are inconsistent with the purposes of this code,
decisions of the Planning Director and the Modifications Committee may be
appealed to the Planning Commission, and decisions of the Planning Commission
may be appealed to the City Council.
B. Calls for Review. As an additional safeguard to avoid results inconsistent with the
purposes of this code, decisions of the Planning Director and the Modifications
Committee may be called up for review by the Planning Commission, or by the City
Council for review or referral to the Planning Commission. Decisions of the Planning
Commission may be called up for review by the City Council.
20.95.020 Rights of Appeal
Appeals may be initiated by any interested party, unless otherwise prescribed in the individual
chapters of this code.
20.95.030 Appeals of Decisions on Tentative Mates
20.95.040 Time Limits for Appeals and Calls for Review
A. Appeals. Appeals shall be initiated within 14 days of the decision.
35
0
15�-
APPEALS AND CALLS FOR REvtEw
Sections:
20.95.010
Purpose and Authorization for Appeals and Calls for Review
20.95.020
Rights of Appeal
20.95.030
Appeals of Decisions on Tentative Maps
20.95.040
Time Limits for Appeals and Calls for Review
20.95.050
Initiation of Appeals and Calls for Review
20.95.060
Procedures for Appeals and Calls for Review
20.95.010 Purpose
A. Appeals. To avoid results that are inconsistent with the purposes of this code,
decisions of the Planning Director and the Modifications Committee may be
appealed to the Planning Commission, and decisions of the Planning Commission
may be appealed to the City Council.
B. Calls for Review. As an additional safeguard to avoid results inconsistent with the
purposes of this code, decisions of the Planning Director and the Modifications
Committee may be called up for review by the Planning Commission, or by the City
Council for review or referral to the Planning Commission. Decisions of the Planning
Commission may be called up for review by the City Council.
20.95.020 Rights of Appeal
Appeals may be initiated by any interested party, unless otherwise prescribed in the individual
chapters of this code.
20.95.030 Appeals of Decisions on Tentative Mates
20.95.040 Time Limits for Appeals and Calls for Review
A. Appeals. Appeals shall be initiated within 14 days of the decision.
35
0
15�-
EXHIBIT ND -1:
NEGATIVE DECLARATION
0
0
15�
City of Newport Beach
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
NEGATIVE DECLARATION
To:
❑Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Orange
Fx_x Public Services Division
P.O. Box 238
Santa Ana, CA 92702
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(Orange County)
Date received for filing at OPR/County Clerk:
Public Review Period: May 19 to June 30, 2001
Name of Project: Code Amendment 2001 -002
Project Location: Citywide
Project Description: A City- initiated amendment to revise the City's Subdivision Code (Title 19
of the Municipal Code) and to make related chances to Title 20 (Zonine
Code), Title 13 (Streets, Sidewalks and Public Property), and other Titles.
Finding: Pursuant to the provisions of City Council Policv K -3 pertaininG to
procedures and Guidelines to implement the California Environmental
Oualitv Act, the Environmental Affairs Committee has evaluated the
proposed vroiect and determined that the proposed vroiect would not have
a significant effect on the environment.
A copy of the Initial Study containing the analysis supporting this finding is 0 attached ❑ on file at the Planning Department.
The Initial Studv may include mitigation measures that would eliminate or reduce potential environmental impacts. This document
will be considered by the decision- maker(s) prior to final action on the proposed project. Additional plans, studies and/or exhibits
relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited
to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to
the close of the public review period. Your comments should specifically identify what environmental impacts you believe would
result from the project, why thev are significant, and what changes or mitigation measures you believe should be adopted to
eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend
and testify as to the appropriateness of this document. If you have anv questions or would like further information, please contact
Larry Lawrence, project manager for the City, at 949 -661 -8175.
Date: 5115101
Patricia L. Temple, Planning Director
0
� 5�
CITY OF NEWPORT BEACH
INITIAL STUDY AND ENVIRONMENTAL CHECKLIST
1. Project Title:
2. Lead Agency Name and Address:
3. Contact Person and Phone No.:
4. Project Location:
5. Project Sponsor's Name/Address
6. General Plan Designations:
. 7. Zoning:
8. Description of Project
Code Amendment 2001 -002: Revised Subdivision Code
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Larry Lawrence, Project Manager for City
Lawrence Associates
949 - 661 -8175
Citywide
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
1P
n/a
A City - initiated amendment to revise the City's
Subdivision Code (Title 19 of the Municipal Code) and to
make related changes to Title 20 (Zoning Code), Title 13
(Streets, Sidewalks and Public Property), and other Titles,
in order to overhaul and update provisions governing
subdivisions throughout the City, including design,
processing, improvements, condominium conversions, lot
mergers, and other matters.
9. Surrounding Land Uses and Setting: The City is located on the Orange County Coast, with
Huntington Beach to the west, Costa Mesa to the north,
Irvine to the east and unincorporated Orange County and
Laguna Beach to the south.
10. Other Public Agencies Whose None
Approval is Required:
11. Existing Conditions: Most of the City is subdivided and built out. However,
there are existing areas subject to lot mergers,
• condominium conversions, and resubdivision activity.
Also, there are some undeveloped and unsubdivided infill
areas within the City and some undeveloped annexation
areas adjacent to the City boundaries.
J
12. Environmental Factors Potentially Affected:
❑ Aesthetics
❑ Agricultural Resources
❑ Air Quality
❑ Biological Resources
❑ Cultural Resources
❑ Utilities & Service Systems
• Geology /Soils
• Hazards/Hazardous Materials
• Hydrology/Water Quality
• Land Use/Planning
• Noise
• Population/Housing
• Public Services
• Recreation
• Mineral Resources ❑ Transportation/Traffic
• Mandatory Findings of Significance
No potentially significant impacts were found in any of the above areas. "No Impact' responses
were given in all categories because the adoption of the new subdivision regulations will not result
in any environmental effect. For example, in the area of Land Use and Planning, the new
subdivision procedures and design standards will ensure the consistency of new subdivisions with
the policies of the General Plan and the provisions of the Zoning Code. Similarly, in the area of
Transportation/Traffic, the new regulations will help maintain level of service standards by
providing for roadway and intersection improvements in conjunction with the approval of new
subdivisions. Any impacts in other categories, such as air quality, biological resources, water
quality, etc., will not change as the result of the new regulations because the new Subdivision Code
will not change the location or intensity of development in the City, which are set by the General
Plan and Zoning Code.
13. Determination. (To be completed by the Lead Agency.) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on •
the environment, and a NEGATIVE DECLARATION will be prepared. 8
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A NEGATIVE DECLARATION will be prepared. ❑
I find that the proposed project MAY have a significant effect on the
environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑
I find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described
on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed. ❑
%0
Subdivision Regulations
INITLAL STUDY
Pag(�Y
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case because
. all potentially significant effects (a) have been analyzed adequately in an earlier
EIR pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project. ❑
Signature
Larry Lawrence
Printed Name
•
5/14/01
Date
IW
Subdivision Regulations
IMTTAL STUDY
Page 3
SECTIONS: A. ENVIRONMENTAL CHECKLIST
B. EXPLANATION OF CHECKLIST RESPONSES
A. ENVIRONMENTAL CHECKLIST •
The Environmental Checklist provides a preliminary analysis of the proposed projects potential for significant
environmental impacts. Sources of information for all responses are specified immediately following the
checklist.
The Initial Study indicates that the project may result in significant environmental impacts but that those
impacts will be reduced to a less- than - significant level through the implementation of mitigation measures
identified in the Study.
b) Substantially damage scenic resources, ❑ p ❑ ❑ 1,2,3,5
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual ❑ p ❑ ❑ 1,2,3,5
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare p p ❑ a 1,2,3,5
which would adversely affect day or nighttime
views in the area?
II. AGRICULTURE RESOURCES.
Would the project:
a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ ❑ 1,2,3,5
or Farmland of Statewide Importance, as
shown on the maps prepared pursuant-to
the Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non - agricultural use?
b) Conflict with existing zoning for agricultural ❑ ❑ ❑ ❑ 1,2,3,5
use, or a Williamson Act contract?
Subdivision Regulations
INITIAL. STUDY
Page 4
Potentially
Significant
Less than No
Significant
Unless
Significant pact SOURCES*
IMPACT CATEGORY
Impact
Mitigation
Impact
Incorporated
' See Source References at the end of this Checklist.
I. AESTHETICS.
Would the project:
a) Have a substantial adverse effect on a
❑
❑
❑ 1,2,3,5
scenic vista?
b) Substantially damage scenic resources, ❑ p ❑ ❑ 1,2,3,5
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual ❑ p ❑ ❑ 1,2,3,5
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare p p ❑ a 1,2,3,5
which would adversely affect day or nighttime
views in the area?
II. AGRICULTURE RESOURCES.
Would the project:
a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ ❑ 1,2,3,5
or Farmland of Statewide Importance, as
shown on the maps prepared pursuant-to
the Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non - agricultural use?
b) Conflict with existing zoning for agricultural ❑ ❑ ❑ ❑ 1,2,3,5
use, or a Williamson Act contract?
Subdivision Regulations
INITIAL. STUDY
Page 4
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES'
IMPACT CATEGORY Impact Mitigation Impact
Incorporated
• See Source References at the end of this Checklist.
c)
Involve other changes in the existing
❑
❑
❑
❑
1,2,35
environment which, due to their location or
nature, could result in conversion of
Farmland, to non - agricultural use?
III.
AIR QUALITY.
Would the project:
a)
Conflict with or obstruct implementation of
❑
❑
❑
❑
2,35
the applicable air quality plan?
b)
Violate any air quality standard or contribute
❑
❑
❑
❑
2,3,5
to an existing or projected air quality
violation?
c)
Result in a cumulatively considerable net
❑
❑
❑
❑
2,35
increase of any criteria pollutant for which
the project region is non - attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions
which exceed quantitative thresholds for
t
ozone precursors)?
d) Expose sensitive receptors to substantial ❑ ❑ ❑ ❑ 2,3,5
pollutant concentrations?
e) Create objectionable odors affecting a ❑ ❑ ❑ ❑ 2,3,5
substantial number of people?
IV. BIOLOGICAL RESOURCES.
Would the project:
a) Have a substantial adverse effect, either ❑ ❑ ❑ ❑ 1,2,3,5
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations or by
the California Dept. of Fish and Game or
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any ❑ ❑ ❑ ❑ 1,2,3,5
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
)b3
Subdivision Regulations
IMTIAL STUDY
Page 5
14
Subdivision Regulations
IMT AL STUDY
Page 6
Potentially
Potentially
Significant
Less than
Significant
Unless
Significant
Impact
SOURCES'
IMPACT CATEGORY
Impact
Mltlgation
Impact
Incorporated
' See Source References at the end of this Checklist.
c)
Have a substantial adverse effect on
❑
❑
❑
❑
1,2,3,5
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d)
Interfere substantially with the movement of
❑
❑
❑
a
1,2,3,5
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impeded the use of native wildlife nursery
sites?
e)
Conflict with any local policies or ordinances
❑
❑
❑
❑
1,2,3,5
protecting biological resources, such as a
tree preservation policy or ordinance?
f)
Conflict with the provisions of an adopted
❑
❑
❑
❑
1,2,3,5
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
V.
CULTURAL RESOURCES.
Would the project:
a)
Cause a substantial adverse change in the
❑
❑
❑
0
1,2,3,5
significance of a historical resource as
defined in §15064.5?
b)
Cause a substantial adverse change in the
❑
❑
❑
❑
1,2,3,5
significance of an archaeological resource
pursuant to §15064.5?
c)
Directly or indirectly destroy a unique
❑
❑
❑
❑
1,2,3,5
paleontological resource or site or unique
geologic feature?
d)
Disturb any human remains, including those
❑
❑
❑
❑
1,2,3,5
interred outside of formal cemeteries?
14
Subdivision Regulations
IMT AL STUDY
Page 6
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES'
IMPACT CATEGORY Impact Mitigation Impact
Incorporated
' See Source References at the end of this Checklist.
VI. GEOLOGY AND SOILS.
Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the
area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project and potentially result
in on- or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18- 1 -B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
❑ ❑ ❑ Il 12,3,45
❑
❑
❑
Il
12,3,45
❑
❑
❑
Il
1,2,3,4,5
❑
❑
❑
Il
1,2,3,4,5
❑
❑
❑
I1
1,2,3,45
❑
❑
❑
Il
1,2,3,45
❑
❑
❑
I1
12,3,45
p
p
❑
I1
n/a
VII. HAZARDS & HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the public or ❑
the environment through routine transport,
use, or disposal of hazardous materials?
❑ ❑ I1 2,3,4,5
)kS
Subdivision Regulations
INITIAL STUDY
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IMPACT CATEGORY
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one - quarter mile
of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites which
complied pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES'
Impact Mitigation Impact
e) For a project within an airport land use plan ❑
or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project result in a
safety hazard for people residing or working
in the project area?
I) For a project within the vicinity of a private ❑
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically ❑
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a significant ❑
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards or waste ❑
discharge requirements?
❑ ❑ I1 2,3,4,5
❑ ❑ I1 2,3,4,5
❑ ❑ ❑ n/a
❑ ❑ I1 2,3,4,5
❑ ❑ I1 2,3,4,5
❑ ❑ I1 2,3,4,5
is
Subdivision Regulations
EKITIAL STUDY
Page 8
' See Source References at the end of this Checklist.
❑
❑
❑
I1 2,3,4,5
❑
❑
❑
I1 2,3,4,5
e) For a project within an airport land use plan ❑
or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project result in a
safety hazard for people residing or working
in the project area?
I) For a project within the vicinity of a private ❑
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
g) Impair implementation of or physically ❑
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a significant ❑
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards or waste ❑
discharge requirements?
❑ ❑ I1 2,3,4,5
❑ ❑ I1 2,3,4,5
❑ ❑ ❑ n/a
❑ ❑ I1 2,3,4,5
❑ ❑ I1 2,3,4,5
❑ ❑ I1 2,3,4,5
is
Subdivision Regulations
EKITIAL STUDY
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IMPACT CATEGORY
b) Substantially deplete groundwater supplies
or interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the
production rate of pre - existing nearby wells
would drop to a level which would not
support existing land uses or planned uses
for which permits have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off -site?
d) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of a course of a stream or river,
or substantially increase the rate or amount
of surface runoff in a manner which would
result in flooding on or off -site?
le) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
quality?
g) Place housing within a 100 -year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map?
h) Place within a 100 -year flood hazard area
structures which would impede or redirect
flood flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of
a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
Potentially Significant
Significant Unless
Impact Mitigation
Incorporated
See Source Refe
Less than No
Significant Impact SOURCES'
Impact
rences at the end of this Checklist.
❑ El 2,3,4,5
❑ ❑ ❑ a 2,3,4,5
❑ ❑ ❑ a 2,3,4,5
❑ ❑ ❑ El 2,3,4,5
❑
❑
❑
❑
2,3,4,5
❑
❑
❑
❑
1,2,3,4,5
❑ ❑ ❑ ❑ 1,2,3,4,5
❑ ❑ ❑ ❑ 1,2,3,4,5
❑ ❑ ❑ ❑ 1,2,3,4,5
10
Subdivision Regulmions
rMT1AL STUDY
Page 9
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES*
IMPACT CATEGORY Impact Mitigation Impact
Incorporated
See Source References at the end of this Checklist.
IX. LAND USE AND PLANNING.
Would the project:
a) Physically divide an established community? ❑ ❑ ❑ 0 1,2,3,4,5
b)
Conflict with any applicable land use plan,
❑
❑
❑
❑
1,2,3,4,5
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c)
Conflict with any applicable habitat
❑
❑
❑
❑
1,43,45
conservation plan or natural community
conservation plan?
X.
MINERAL RESOURCES.
Would the project:
a)
Result in the loss of availability of a known
❑
❑
❑
0
1,43,4,5
mineral resource that would be of value to
the region and the residents of the state?
b)
Result in the loss of availability of a locally-
❑
❑
❑
❑
1,43,45
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan?
XI.
NOISE.
Would the project result in:
a)
Exposure of persons to or generation of
❑
❑
❑
❑
1,43,45
noise levels in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b)
Exposure of persons to or generation of
❑
❑
❑
❑
1,43,45
excessive groundborne vibration or
groundborne noise levels?
c)
A substantial permanent increase in ambient
❑
❑
❑
0
1,43,45
noise levels in the project vicinity above
levels existing without the project?
d)
A substantial temporary or periodic increase
❑
❑
❑
❑
1,43,45
in ambient noise levels in the project vicinity
above levels existing without the project?
Subdivision Regulations
INITIAL. STUDY
Page 10
Potentially
Potentially Significant Less than No
Significant Unless Significant pact SOURCES`
IMPACT CATEGORY Impact Mitigation Impact
Incorporated
' See Source References at the end of this Checklist.
e)
For a project located within an airport land
❑
❑
❑
❑ 1,43,45
use land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would the
project expose people residing or working in
the project area to excessive noise levels?
f)
For a project within the vicinity of a private
❑
❑
❑
❑ n/a
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
X11.
POPULATION AND HOUSING.
Would the project:
a)
Induce substantial population growth in an
❑
❑
❑
❑ 1,2,3,4,5
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
�)
Displace substantial numbers of existing
❑
❑
❑
❑ 1,2,3,4,5
housing, necessitating the construction of
replacement housing elsewhere?
c)
Displace substantial numbers of people,
❑
❑
❑
❑ 1,2,3,4,5
necessitating the construction of
replacement housing elsewhere?
XIII.
PUBLIC SERVICES
Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
government facilities, need for new or
physically altered government facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
following public services:
Fire protection?
❑
❑
❑
❑ 2,3,4,5
Police protection?
❑
❑
❑
❑ 2,3,4,5
Parks?
❑
❑
❑
❑ 2,3,4,5
�7
Subdivision Regulations
INITIAL STUDY
Page 11
IMPACT CATEGORY
Schools?
Other public facilities?
XIV. RECREATION
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction of or
expansion of recreational facilities which
might have an adverse physical effect on the
environment?
XV. TRANSPORTATION/TRAFFIC
Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
Potentially
Significant
Less than
No
Significant
Unless
Significant
Impact SOURCES'
Impact
Mitigation
Impact
Incorporated
2,3,4,5
_
' See Source References at the end of this Checklist.
2,3,4,5
2,3,4,5
11 ❑ 11 0 2,3,4,5
❑ ❑ a 2,3,4,5
11 11 11 a 2,3,4,5
11 11 11 I1 2,3,4,5
11 ❑ 11 I1 2,3,4,5
Subdivision Regulations
IMTLkL STUDY
Page 12
2,3,4,5
2,3,4,5
2,3,4,5
Subdivision Regulations
IMTLkL STUDY
Page 12
IMPACT CATEGORY
g) Conflict with adopted policies, plans, or
programs supporting alternative trans-
portation (e.g., bus turnouts, bike racks)?
XVI. UTILITIES AND SERVICE SYSTEMS
Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Control Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of which
could cause significant environmental
effects?
Id) Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may
serve the project that it has adequate
capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes
and regulation related to solid waste?
•
Potentially Significant
Significant Unless
Impact Mitigation
Incorporated
' See Source Refe
Less than No
Significant Impact SOURCES'
impact
rences at the end of this Checklist.
❑ El 2,3,4,5
❑ ❑ ❑ ❑ 2,3,4,5
❑ ❑ ❑ El 2,3,4,5
❑ ❑ ❑ ❑ 2,3,4,5
❑ ❑ ❑ El 2,3,4,5
❑ ❑ ❑ ❑ 2,3,4,5
❑
❑
❑
I1
2,3,4,5
❑
❑
❑
R1
2,3,4,5
))I
Subdivision Regulations
INTIAL STMY
Page 13
Potentially Significant Less than
Significant Unless Significant No SOURCES*
IMPACT CATEGORY Impact Mitigation Impact P
Incorporated
' See Source References at the end of this Checklist.
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE.
a) Does the project have the potential to ❑ ❑ ❑ 0 2,3,4,5
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self- sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or
animal or eliminate important examples of a
major period of California history or
prehistory?
b) Does the project have impacts that are ❑ ❑ ❑ 0 2,3,4,5
Individually limited, but cumulatively con-
siderable? ( "Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects.)
c) Does the project have environmental effects ❑ ❑ ❑ 0 2,3,4,5
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
XVIII. SOURCE REFERENCES.
Documents listed below are available at the offices of the City of Newport Beach, Planning
Department, 3300 Newport Boulevard, Newport Beach, California 92660 (Note: Reference No. 1
denotes a physical inspection and therefore is not in the form of a written document).
Tour of City, by Larry Lawrence, project manager for City of Newport.
2. Current Subdivision Code, Title 19 of the Newport Beach Municipal Code.
3. Draft Revised Subdivision Code.
4. Municipal Code, including all Titles, City of Newport Beach.
5. General Plan, including all Elements, City of Newport Beach.
J9
Subdivision Regulations
INITIAL STUDY
Page 14
B. EXPLANATION OF CHECKLIST RESPONSES:
In all cases, the selection of the Checklist response was the product of the data sources listed above,
followed by careful consideration of potential impacts from the project under the definitions and procedures
of the California Environmental Quality Act (CEQA) Statute and Guidelines.
No potentially significant impacts were found. "No Impact' responses were given in all categories
because the adoption of the new subdivision regulations will not result in any environmental effect.
For example, in the area of Land Use and Planning, the new subdivision procedures and design
standards will ensure the consistency of new subdivisions with the policies of the General Plan and
the provisions of the Zoning Code. Similarly, in the area of Transportation/Traffic, the new
regulations will help maintain level of service standards by providing for roadway and intersection
improvements in conjunction with the approval of new subdivisions.
Any impacts in other categories, such as air quality, biological resources, water quality, etc., will not
change as the result of the new regulations because the new Subdivision Code will not change the
location or intensity of development in the City, which are set by the General Plan and Zoning Code.
0
0 IV
Subdivision Regulations
INPTL4.L STUDY
Page 15
rr