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HomeMy WebLinkAbout2001-18 - Approving a Code Amendment, Including a Revised Subdivision Code (Title 19 of the NBMC) and Accompanying Amendments to Titles 13 and 20 [Code Amendment 2001-002].ORDINANCE No. 2001 -18 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 19,200 1, 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 -P% 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 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: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS None None MAYOR ATTEST: EXHIBIT ZA -1: NEW SUBDIVISION CODE: TITLE 19 AS ADOPTED BY CITY COUNCIL AT ITS 9/25/01 MEETING TITLE 19: SUBDIVISION CODE CONTENTS PART I — 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 09/10/01 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 09/10/01 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 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 Adjustments 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 El 09/10/01 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 Applicability (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 landowners, 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. 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 Financing without Map. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map or final parcel map is required by this Title, until the final tract or parcel map thereof in full compliance with this Title has been recorded and the City has been provided proof of recordation. B. No Conveyance without Map. Conveyances of any part of a division of real property for which a final tract map or parcel map is required by this Title shall not be made by parcel or block number, initial, or other designation, unless and until such map has been recorded by the County Recorder. C. Subdivisions Under Previous Law. In accordance with 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, 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. Page 19.04 -4 General Provisions 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 Zoning Code and SMA. Unless otherwise defined in this Section, terms used in this Title shall have the same meaning as applied to them in the Zoning Code (Title 20) and the Subdivision Map Act. Also, certain terms used in this Title shall correspond to equivalent terms in the Subdivision Map Act as shown below: 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). Page 19.04 -5 General Provisions City Engineer: The City Engineer of the City of Newport Beach, or the equivalent 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.] Design: (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, Page 19.04 -6 General Provisions and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. "Improvement" also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure 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.] 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 Page 19.04 -7 General Provisions Act.] 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 (0 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 Map 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 map: A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. Tentative parcel map: 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 map: 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. 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. Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other division of the California Government Code. Page 19.08 -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 mapmay 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 Eligible 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 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 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 Map Waiver. The Modifications Committee may conditionthe 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 aparcel 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. Filing. 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 accordancewith 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. 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 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 a Page 19.12 -3 Tentative Map Review 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. 2. Time Limits When E1R 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. 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 Findings. 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 1 naction. 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. 1. Appeals and Calls for Review. Who May Appeal. In accordance with Section 66452.5 of the Subdivision Page 19.12 -4 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 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. 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. 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. 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. 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: 1. 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. 3. 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. 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. Page 19.12 -5 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 change(s) to this Code, the General Plan, any applicable specific plan(s), or other City regulations. If both conditions 1 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: 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 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 aproposed 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 afterthe 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. 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. 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 tentativeparcel 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 is Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other division of the California Government Code. Page 19.20 -2 Vesting Tentative Maps 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 developmentis 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: 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 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. Any additional plans, reports or studies required by the City which are, in the opinion of the Planning Director, necessary to processthe 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. Page 1920 -4 Vesting Tentative Maps B. Effect of Vesting Map 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. Page 19.24 -1 Subdivision Design PART 3 - SUBDIVISION DESIGN AND IMPROVEMENTS CHAPTER 19.24 SUBDIVISION DESIGN Sections: 19.24.010 Streets and Highways 19.24.020 Access to Arterials 19.24.030 Sidewalks and Pedestrianways 19.24.040 Bikeways and Equestrian Trails 19.24.050 Lot Design 19.24.060 Coastal Zone Subdivisions 19.24.070 Landscaping 19.24.080 Slopes and Grading 19.24.090 Drainage and Flood Protection 19.24.100 Subdivision Boundaries 19.24.110 Energy Conservation 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. Page 19.24 -2 Subdivision Design C. Subdivisions shall be designed so as to limit vehicular access to arterial and collector roadways. 2. 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 tum- around. In all other cases, the street shall have a cul -de -sac with a tum- 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 Design. 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). Page 19.24 -4 Subdivision Design 2. As provided for pursuant to specific plan or other provisions of Title 20 (Zoning Code). 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: 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; 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 maybe 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. 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 Slopes. 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. 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. Flag Lots. 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. 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 applicable certified Local Coastal Program. 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 A. Grading Plan s. 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. Slope 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: Page 19.24 -8 Subdivision Design 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. 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. Page 19.24 -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 construction, or both, to dispose of such surface and storm waters. D. Excavation and Grading Code. Slope drainage shall conform to the provisions of Chapter 15.10 (Excavation and Grading Code). E. Drainage 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 Drainage Designs. Where any lot is designed in such a manner that it will not drain with a minimum 1 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. Page 19.24 -10 Subdivision Design 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. Drainage Along Boundaries. Drainage facilities shall be installed along subdivision boundaries to prevent erosion. 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 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: 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; 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. 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 improvementsto 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. 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: 1. 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 Page 19.28 -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. Page 19.28 -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 maybe 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. Page 19.28 -5 Subdivision Improvements 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. Oversizing. In accordance with Section 66485 of the Subdivision Map Act, the subdivider may be required to install improvements for the benefit ofthe 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, or Page 19.28 -6 Subdivision Improvements 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: 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. 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 ofthe 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 19.36 -1 Completion of Improvements CHAPTER 19.36 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 Security. 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. Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other division of the California Government Code. Page 19.36 -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 famished 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. 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. 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. 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 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. 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 Longer Exists. If the City has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider specified in 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. 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. 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. 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 forpurchase 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 Requirement. 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. 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). CHAPTER 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 19.52.050 19.52.060 19.52.070 19.52.080 19.52.090 19.52.010 Pu Parkland Standard Determination of Land or Fee Dedication of Land Fee in Lieu of Dedication Credit for Private Recreation Facilities Timing of Dedications and Fees rpose and Intent (66477) Page 19.52 -1 Park Dedications and Fees 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. 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. 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: General Plan. Whether a park site is shown within the subdivision in the Page 19.52 -3 Park Dedications and Fees General Plan's Recreation and Open Space Element. 2. Accessibility. Whether the proposed site has access to a public street. 3. 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 I9.52.070. 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: 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: 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 5 /1000 = 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. Time 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 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 Granting 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 hiking trails which are privately maintained, which connect to trails outside the development, and which are open to the public. Passive open space, such 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 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. 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. Page 19.56 -1 Final Map Filing PART 5 - FINAL MAPS CHAPTER 19.56 FINAL MAP FILING 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 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. 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 ofthe 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. 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 subdivider's intention to file multiple final maps on the tentative map; or Z. 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. Sections: 19.60.010 19.60.020 19.60.030 19.60.040 19.60.050 19.60.010 Ci CHAPTER 19.60 FINAL MAP REVIEW 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 -I 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. 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. Page 19.60 -2 Final Map Review 19.60.020 Acceptance or Rejection of Dedications (66477.1, 66477.2) At the time of approval of a final map, the City Council shall accept, accept subject to improvement, or reject any offers of dedication at the time of final map approval. The City Clerk shall certify or state on the map the action by the City Council. If an offer of dedication which directly benefits the residents of a subdivision is rejected, the offer shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept the offer of dedication. Other provisions regulating rejection of offers of dedication shall be as set forth 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. 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: 1. 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: 1. 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 Act or other division of the California Government Code. 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. 2. 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. Applicability of Sections. All sections in this Chapter apply to the conversion of residential units. All Sections except 19.64.040, 19.64.050, and 19.64.110 apply to the conversion of nonresidential units. 19.64.020 Definitions 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. 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. 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. Page 19.64 -3 Conversion of Rental Units to Ownership 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. 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 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 Findings for Residential Conversions. For residential conversions, no final map for a condominium conversion shall be approved unless the City Council makes all of the findings set forth in 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 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 corners 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. Page 19.64 -6 Conversion of Rental Units to Ownership 19.64.080 Modification or Waiver of Conversion Standards A. Parkin . 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. Page 19.68 -1 Merger of Contiguous Lots 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. 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. 19.68.030 Procedures for Required Mergers (66451.10 etseq.) 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. Note: Section numbers within parentheses refer to the applicable sections of the Subdivision Map Act or other division of the California Government Code. Page 19.68 -2 Merger of Contiguous Lots 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. g. The lot is inconsistent with the General Plan or any applicable specific plan, other than minimum lot size or density standards. 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 Page 19.68 -3 Merger of Contiguous Lots 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. 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. 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 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 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. Page 19.68 -4 Merger of Contiguous Lots 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 May. 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. Page 19.72 -1 Reversions to Acreage CHAPTER 19.72 REVERSIONS TO ACREAGE Sections: 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 19.72.010 Purpose and Intent (66499.11) 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 ofthe 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 of the California Government Code. Page 19.72 -2 Reversions to Acreage 19.72.040 Conditions Imposed on Reversions (66499.17) 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. Page 19.76 -1 Lot Line Adjustments 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 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. 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 Planning 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: 1. 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. 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) 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 ofthe California Government Code. ExxiBIT ZA -2: AMENDMENTS TO TITLES 13 AND 20 AS ADOPTED BY CITY COUNCIL AT ITS 9/25/01 MEETING TITLE 13: STREETS, SIDEWALKS AND PUBLIC PROPERTY 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 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 Circulation Element's Master Plan of Streets and Highways, Title 19 (Subdivision Code), and the City's standard specifications, and provision has been made for installing parkway trees and utility 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 furnished 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 Circulation Element's Master Plan of Streets and Highways, and any additional setback unless all of the following conditions have been satisfied: 1. 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 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: C. Notwithstanding the provisions of this chapter, street dedications and improvements required in conjunction with subdivision approvals shall be governed by the requirements of Title 19 (Subdivision Code). 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. 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: A. 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. B. 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. C. A major street grade change or realignment is anticipated. D. 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). 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 City to install said improvements and furnish the City adequate security as determined by the Public Works Director to guarantee completion of the improvements. Such person shall also furnish the 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. 13 TITLE 20: ZONING CODE 20.03.030 Definitions 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. 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). Condominium: A condominium project, community apartment project, or stock cooperative, as defined in Section 1351 of the California Civil Code. 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. 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. Mobile Home Park: Any area of land used primarily for the placing, parking or storage of two or more mobile homes for housekeeping, sleeping or living quarters. Mobile Home Space: Any area, tract of land, site, lot, pad or portion of a mobile home park designated or used for the occupancy of one mobile home. Parcel: See "lot" Planning Director: The Planning Director of the City of Newport Beach, or the Planning Director's designee. 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. Zoning Code: Title 20 of the City of Newport Beach Municipal Code, as amended. 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 -I 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.) -Comer Lots (sq, ft.) Minimum Lot Width (ft.) -Comer Lots (ft.) Minimum Yards: Front (ft.) Side (ft.) Comer Side (ft.) Rear (ft.) - Abutting an alley (ft.) Distance Between Detached Buildings Maximum Height (ft.) Maximum Floor Area Limit Maximum Coverage Required Open Space Off -Street Parking and Loading 87,120 5,000 5,000 5,000 5,000 (A) 87,120 6,000 5,000 6,000 6,000 (A) 125 50 - -- 50 125 60 - -- 60 20 20 20 20 20 5 3;4 3;4 3;4 3;4 5 3;4 3;4 3;4 3;4 5;25 10 10 10 10 50 (A) 60 (A) (C), (D), (F), (H), (K) (C), (D), (G), (H) (C), (D), (G), (H) (C), (D), (H), (Q) (1) (I) (K), (L) - -- 2.00 1.50 2.00 1.75 (K), (M) 40% (N) Residential Districts: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (B) See Section 20.60.045: Slopes and Submerged Lands. (K),(0) (P) (C) See Section 20.60.030: Extensions Into Yards. (D) See Section 20.60.020: Accessory Structures and Mechanical Equipment. (E) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. [REMAINDER OF SECTION UNCIIANGED/ 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 RSC APF RMC Additional Regulations (A) Minimum Lot Area (sq. ft.) 2,000 2,000 2,000 (B), (C) -Corner Lots (sq. ft.) Minimum Lot Width (ft.) 25 25 25 (B) -Corner Lots (ft.) Minimum Yards: Front (ft.) - -- 15 - -- (C), (D), (E) Side (ft.) - -- - -- - -- (C), (D), (F) - Abutting an R District (ft.) 5 5 5 (C), (D), (F) Rear (ft.) - -- - -- - -- (C), (D) - Abutting an R District (ft.) 5 5 5 (C), (D) - Abutting an alley (ft.) 10 10 10 (C), (D) Bulkhead Setback 10 10 10 Maximum Height (ft.) (F) Maximum Floor Area Limit (G) Commercial Districts: Property Development Regulations RSC APF RMC Additional Regulations 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 Chapter 19.68 in Title 19: Merger of Contiguous Lots. (I) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. [REMAINDER OF SECTION UNCHANGED] 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), (F), (H) Rear (ft.) - -- - -- - -- (C), (D), (F) Zone Separation - -- (1) Industrial Districts: Property Development Regulations M -1 M -1 -A IBP Additional Maximum Height (ft.) Maximum Floor Area Limit Landscaping Off - Street Parking and Loading Performance Standards Required Screening Street Right -of -Way Widths Industrial Districts: Additional Property Development Regulations (J) (K) (L) (M) (N) (0) (P) (A) See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. (B) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (Q) For All Property Development Regulations: In addition to the lot area, width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. /REMAINDER OF SECTION UNCAANGEDJ 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. 3. 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] 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), Side (ft.) 3;4 (C), (D), (F) Rear (ft.) 5 (C), (D), 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 (>) 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. [REMAINDER OF SECTION UNCHANGED] 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 (F), (G) Commercial Development: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. [REMAINDER OF SECTION UNCHANGED] MARINER'S MILE SPECIFIC PLAN: 20.42.050 Property Development Regulations 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 UNCFL4NGEDj CANNERY VILLA GE/MCFADDENSOUARE SPECIFIC PLAN. 20.43.070 Residential Property Development Regulations The following schedule prescribes development regulations forthe 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), (E) Side (ft.) 3;4 3;4 3;4 (A), (B), (C), (E) Rear --- --- --- (A), (B), (C), (E) - Abutting an alley (ft.) 5 5 5 (A), (B), (C), (E) Other property development regulations (F) Cannery Village/McFadden Square Specific Plan District: Additional Residential Property Development Regulations (A) R -1 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. [REMAINDER OF SECTION UNCHANGED) 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 97, as shown on the "Specific Plan District #7 Land Use Map" (Exhibit 20.44 -1), incorporated herein and designated "SP-7" on Districting Maps No. 34, 42, 61, and 67. B. Redevelopment Proiects. 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. In recognition ofthe unique semi -rural character of Santa Ana Heights and the factthat the area was annexed to the City after streets in the area were constructed, modified street widths and improvement standards are provided in this Chapter for streets within the specific plan area In some cases, these widths and standards may vary from those specified in the Circulation Element - Master Plan of Streets and Highways and Title 19 (Subdivision Code). [REMAINDER OFSECTION UNCHANGED] CENTRAL BALBOA SPECIFIC PLAN: 20.45.035 Commercial Property Development Regulations The following schedule prescribes development regulations forCentral 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) -Comer Lots (sq. ft.) 2,000 6,000 (C) Minimum Lot Width (ft.) 25 50 (C) -Comer 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) Comer 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), (1) Required Horizontal Articulation - -- (A), (J) Bulkhead Setback 10 10 (A), (K) Central Balboa Specific Plan District: Commercial Property Development Regulations RSC RP Additional Landscaping 8% - -- (A), (L) Building Materials - -- (A), (M) Maximum Height (ft) (A), (1) Maximum Floor Area Limit (A), (0) Required Open Space (sq. ft.) 100 100 (A), (B), (P) Off -Street Parking and Loading (A), (Q) Non - conforming Structures and Uses (A), (R) Refuse Storage Screening (A), (S) Signs (A), (T) Central Balboa Specific Plan: Additional Commercial Property Development Regulations (C) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. [REMAINDER OFSECTION UNCHANGED] 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. 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 (R) - 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), 5;10 5;10 (A), (D), (E), (G) 3;4 3;4 (A), (D), (E), (H) 10 10 (A), (D), (E), 5 5 (A), (D), (E), 10 10 (A), (1) 10 10 (A), (n 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 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. [REMAINDER OFSECTION UNCHANGED] Sections: 20.56.010 20.56.020 20.56.030 20.56.040 20.56.050 20.56.060 20.56.070 CHAPTER 20.56 PRD PLANNED RESIDENTIAL DEVELOPMENT OVERLAY DISTRICT 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 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 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 PRD Additional Regulations Minimum Site Area per (A) Unit (scift) Minimum Floor Area (B) Minimum Yards (C) Distance Between Detached Buildings (C) Maximum Height (ft.) (D) Maximum Coverage 40% (E) Off - Street Parking and Loading (F) (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 -1 or R -2 District. Garage space shall not be included in measuring this requirement. (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. (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. [REMAINDER OF SECTION UNCHANGED/ 20.60.040 Development on Substandard Lots and Across Property Lines Provisions regulating development on substandard lots, development across property lines, and lot mergers are contained in Title 19 (Subdivision Code). [NOTE: MERGER PROVISIONS MOVED TO SUBDIV CODE] 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] Sections: 20.83.005 20.83.008 20.83.010 20.83.015 20.83.040 20.83.005 Int CHAPTER 20.83 RESIDENTIAL CONDOMINIUM PROJECTS Intent and Purpose Condominium Conversions Regulated by Title 19 Definitions Required Approvals Existing Structures and Uses - Approved Plans tnt 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. 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 This Chapter shall apply only to new condominium projects. Conversions of existing rental housing to condominiums shall be regulated by the provisions of Title 19 (Subdivision Code). 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 term "condominium" shall mean and include the following: A condominium project, community apartmentproject, or stock cooperative, as defined in Section 1351 of the California Civil Code. In addition, for the purpose of this 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 ". B. 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. C. 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. 20.83.015 Required Approvals A. Condominium projects maybe permitted in any district in which residential uses are permitted, including planned communities, except within the R -1.5 District (Balboa Island), subject to approval under the provisions of this Chapter and Title 19 (Subdivision Code). In planned community districts, residential developments, all 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. Condominium projects containing 5 or more units shall be approved by the Planning Commission via a tentative tract map. Condominium projects containing 4 or less units shall be approved by the Modifications Committee via a tentative parcel map. C. No person shall construct a new condominium development within the City of Newport Beach without first complying with the provisions of this Chapter. 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 - mentplan 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). CH. 20 -86: LOWAND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE: 20.86.070 Notice and Public Hearing A. Public Hearing. A public hearing shall be held before the Planning Commission on all CRDPs, including all condominium conversions. B. Required Notice. Public hearings shall be required for review of all CDRP's in the manner as prescribed in Section 20.93.030. [REMAINDER OF SECTION UNCHANGED] CHAPTER 20.92: SITE PLAN REVIEW. 20.92.020 Projects Subject to Site Plan Review 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 Projects. Projects which have been designated for site plan review as a condition of approval for a 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 OFSECTION UNCHANGED] 20.92.060 Duties of the Planning Commission A. Concurrent Review with Other Applications. Where possible, site plan review shall be combined with review of other project applications such as, but not limited to, General Plan amendments, zone changes, and tentative subdivision maps. 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. CHAPTER 20.93: MODIFICATION PERMITS 20.93.020 Modifications Committee A. ... [UNCHANGED] B. Authority. 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: 1. 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 involving four or less units, via approval of a tentative parcel map in accordance with Chapter 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. 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, the materials described in Chapter 19.76 of Title 19 (Subdivision Code). 5. In the case of a tentative parcel map, the map and other materials described in Title 19 (Subdivision Code). 20.93.030 Notice and Public Hearing A. Tentative Parcel Maps. Notwithstanding other provisions of this Section, notice and hearing procedures for tentative parcel maps shall be as specified in Chapter 19.08 of Title 19 (Subdivision Code). 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. C. Required Notice. 1. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 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 300feet] b. Nonresidential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 4-00 300 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: 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. 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. [REMAINDER OFSECTION UNCHANGED] CHAPTER 20.95 APPEALS AND CALLS FOR REVIEW 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 ofthe 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 Maps Notwithstanding other provisions of this Chapter, procedures and time limits for appeals of decisions on tentative tract maps and tentative parcel maps shall be as specified in Chapter 19.08 of the Subdivision Code. 20.95.040 Time Limits for Appeals and Calls for Review A. Appeal . Appeals shall be initiated within 14 days of the decision. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2001 -18 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of September 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of September 2001. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2001 -18 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: September 29, 2001. �/� In witness whereof, I have hereunto subscribed my name this day of Ow°(" 2001. yA City Clerk City of Newport Beach, California