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Home My WebLink About862 - Subdivisions0 i ORDINANCE NO. 862 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 9253 - .43, 9253.5, 9253.51, '9253.52 9253.53 AND 9253.54 OF THE NEWPORT BEACH MUNICI- PAL CODE RELATING TO SUBDIVISIONS. The ,City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 9253.43 of the Newport Beach Municipal Code is amended to read: "SECTION 9253.43. AP- PROVAL BY CITY COUNCIL. At its first regular meeting following the filing of said map with the City Clerk as aforesaid, or within twenty days following the filing thereof, the City Council shall consider said map, the plan of subdivision and the offers of dedication. The City Council may reject any or all offers of dedication. If the City Council shall deter- mine that said map is in conformity with the require- ments of this Article and that it is satisfied with the plan of subdivision, it shall approve said map. When the subdivider shall have filed with the City Clerk the agreement and provided the security described in Sec- tion 9253.52 hereof and when such agreement and security shall have been approved by the City Attorney as to form and by the City Manager as to sufficiency, the City Clerk shall transmit the map to the Clerk of the County Board of Supervisors. When all bonds, money or negotia- ble bonds required under the provisions of this Chapter to secure the payment of taxes and assessments which are a lien on some part of the subdivision but which are not yet payable, have been deposited with and approved by the Board of Supervisors, the clerk of the Board shall (1) transmit the final map to the county recorder. If the City Council shall determine either that said map is not in conformity with the re- quirements of this Article or that it is not satisfied with the plan of subdivision, it shall disapprove said map specifying its reason or rea- sons therefor and the City Clerk shall in writing advise the subdivider of such dis- approval and of the reason or reasons for such disap- proval. Within thirty (30) days after the City Council has disapproved any map the subdivider may file with the Planning Commission a map altered to meet the approval of the City Council. In such case, the subdivider shall conform to all the require- ments imposed upon him by this Article when filing the first final map with the Plan- ning Commission and the same proceedings shall be had thereon as are prescribed by this Article upon the fil- ing of the first final map with the Planning Commission. No map shall have any force or effect until the same has been approved by the City Council and no title to any property described in any of- fer of dedication shall pass until the recordation of the final map." SECTION 2: Section 9253.5 of the Newport Beach Municipal Code is amended to read: "SECTION 9253.5. AGREE- MENT AND SECURITY TO GUARANTEE IMPROVE - MENTS." SECTION 3: Section 9253.51 of the Newport Beach Municipal Code is amended to read: "SECTION 9253.51. Upon the approval by the City Council of the final map the subdivider shall execute and file an agreement between himself and the City speci- fying the period within which he shall compete all 1 ,0 improvement work to the satisfaction of the City Engineerr, an d providing that if he shall fail to com- plete such work within such period the City may com- plete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer, and reimburse. ment of the City by the sub- divider for the cost of such inspection. Such agreement may also provide (a) for the construction of the improve- ments in units, (b) for an extension of time under con- ditions therein specified, (c) for the termination of the agreement upon the comple- tion of proceedings under an assessment district act for the construction of improve- ments deemed by the City Engineer to be at least the equivalent of the improve- ments specified in said agreement and required to be constructed by the sub. divider, and (d) for progress payments to the subdivider, or his order, from any de- posit of money which the subdivider may have made as security, as provided by the next succeeding section; provided, however, that no such progress payment shall be made for more than nine- ty per cent (90 01o) - of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the City En. gineer." SECTION 4: Section 9253.52 of the Newport )Beach Municipal Code is amended to read: "SECTION 9253.52. T h e subdivider shall also present with the aforesaid agree. ment, to assure his full and faithful performance there- of, security in an amount deemed sufficient by the (2) City Engineer to cover the cost of said improvements and their inspection. The se- curity may be in any one of the following forms: (1) A surety bond exe- cuted by a surety company authorized to transact a sur- ety business in the State of California which must be satisfactory to and approved by the City Attorney as to form and the City Manager as to sufficiency; or, (2) Cash money deposit- ed with the Director of Fi- nance; or, (3) With the approval of the City Council, negotiable bonds of the kind approved for securing deposits of pub- lic money deposited with the Director of Finance; or, (4) With the approval of the City Council, an irrevoca- ble letter of credit of a bank- ing institution whereby the City of Newport Beach is au- thorized to draw on said bank, at sight, for the ac- count of the subdivider, up to an aggregate amount which shall not be less than the security fixed by the City Engineer, to cover the cost of ' the improvements and their inspection, at one time or from time to time, until all obligations of the subdivider under the con- tract and any amendment or extension thereof have been fully performed." SECTION 5: Section 9253.53 of the Newport Beach Municipal Code is amended to read: "SECTION 9253.53. In the event the subdivider shall fail to complete all improve- ment work in accordance with the provisions of the agreement therefor and this Article or if the subdivider shall fail to reimburse the City for the cost of inspec- tion, the City shall call on the surety or draw on the bank which provided the let- ter of credit or appropriate • from the cash deposit or the negotiable bonds to pay for the completion of the im- provement work and the cost of inspection. In any such case, if the amount of se- curity exceeds the cost of completing the improvement work and the cost of inspec- tion, the City shall release the remainder of the security and, if the amount of the security shall be less than the cost incurred by the City, the subdivider shall be lia- ble to the City for the dif- ference." SECTION 6: Section 9253.54 of the Newport Beach Municipal Code is amended to read: "SECTION 9253.54. No ex- tension of time, progress payments from cash depos- its, or releases of security shall be made except upon certification by the City En- gineer that work covered thereby has been satisfactor- ily completed, and upon rec- ommendation of the City (3) Manager and approval by the City Council." SECTION 7: This Ordinance shall be published once in the Newport Harbor Ensign, a news. paper of general circulation printed and published in the City of Newport Beach, and the same shall be effective 30 days after 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 the 14th day or October, 1958, and was adopted on the 24th day of November, 1958, by the following vote, to wit: AYES, COUNCILMEN: HART, LORENZ, SOMERS, ATKINSON, HIGBIE, KINGSLEY. NOES, COUNCILMEN: NONE. ABSENT COUNCILMEN: STODDARD. JAMES B. STODDARD Mayor ATTEST: MARGERY SCHROUDER City Clerk 1g5 • • STATE OF CALIFORNIA COUNTY OF ORANGE S. CITY OF NEWPORT BEACH IS - ----------- Narqe.r . y .... S . c . hroud - e - r ............. ........................... City Clerk of the City of Newport .... .. .. .. .. .. .. .. ............. .. .. Beach, California, do hereby certify that the foregoing ....... Ordinance ............................................- No. - - - -- _862-------------- - - - - -- -was -- ---------- -- -- -- - duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the.....2 4th November 58 ....... day, of ........... ................................................. 19 ........ .. ........ by the following vote: AYES: COUNCILMEN ........ Hart, - ...... Lorenz, - - - - Somers, Atkinson, ... ....... Higbie, Kingsley ..................................................... ......................................... NOES: COUNCILMEN ....... None .................................... .......... ABSENT: COUNCILMEN- Stoddard ..................................... ................................................................. --------------------- 31st December 58 Datedthis----- - --------------- ---day of ........................................................................................... ........ 19-------- ............. Ak City Clerk 4and "Offl- io, �1.r of �th. 1. City of Newport Beach, State of California NB 130-500 12/56 1?6