HomeMy WebLinkAbout650 - Subdivision of LandJ
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ORDINANCE NO. 650
AN ORDINANCE AEPEALIN
SECTIONS 9129 AND 9129
OF THE MUNICIPAL COD
OF THE CITY OF NEWPOR
BEACH AND ADDING SE
TIONS 9250.1 THROUGH 9259.
REGULATING THE SUBD
VISION OF LAND
WHEREAS, there has been pre
sented to the City Council of th
City of Newport Beach a final re
port from the Planning Commis
Sion of tine City of Newport Beach
said report consisting of a pro
posed new subdivision ordinanc
for adoption by this City Council
said final report having hithert
been filed with the City Clerk o
the City of Newport Beach; and
WHEREAS, said Planning Com
mission of the City of Newpor
Beach has held all public hearing
as required by law and this City
Council has hitherto held a public
hearing as required by law; and
WHEREAS, the adoption of said
new subdivision ordinance i
deemed and hereby found to be fo
the best interests of the citizens o
the City of Newport Beach in that
the adoption of said ordinance will
promote the growth of the City o
Newport Beach in an ordinary
manner, and will promote and.pro-
teet the public health, safety,
Peace, comfort and general wel-
fare, and Will protect the charac-
ter and social and economic stabil-
ity of all new districts to be subdi-
vided within the City of Newport
Beach, and will assure the orderly
and beneficial development of such
areas;
NOW, TI3EREFOR;E,THE
CITY COUNCIL OF' THE CITY
OF NEWPORT BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1: Sections 9129 and
9129A of the Municipal Code of
the City of Newport Beach are
hereby repealed.
SECTION 2: There is hereby
added to the Municipal Code of
the City of Newport Beach Article
IX -1h, to be constituted by the
following chapters and sections:
CHAPTER I. PURPOSE OF
ARTICLE
Section 9250..1 This Article, is
enacted for the purpose of adopt-
ing subdivision regulations for the
City of Newport Beach, State of
California.
Section 9250.2 The Planning
Commission of the City of New-
port Beach, State of California,
hereinafter referred to as. the,
Planning Commission, is hereby
designated as the Advisory Agency
with respect to subdivisions as pro-
vided ir, the Subdivision Map Act
of the State of California.
Section 9250.3 The Planning,
Commission shall have all the
powers and duties with respect to-
tentative and final maps, and the
procedure relating thereto which
are specified by law and by this
Article.
Section 9250.4 It shall be un-
lawful for any individual, firm, as-
sociation, syndicate, co- partner-
ship, corporation, trust or any
other legal entity, as a principal,
agent or otherwise to offer to sell,
to contract to sell, or to sell any
subdivision of land or any part
thereof in the City of Newport
Beach unless and until all the re-
quirements hereinafter provided
have been complied with.
CHAPTER H. DEFINITIONS
Section 9251.1 "Map Act" shall
be deemed to mean the Subdivision
Map Act of the State of California.
Section 9251.2 "Owner" is th
G individual, firm, association, s
A dicate, co- partnership, or corpora
E tion having sufficient proprietar
T interest in the land sought to b
C- subdivided to commence and main
1, tain proceedings to subdivide th
I- same under this Article, and whil
used herein the masculine gende
and singular number it shall b
e deemed to mean the feminine an
- neuter gender and plural numbe
- whenever required.
, Section 9251.3 "Subdivider" shal
mean any individual, firm, asso
e ciation, syndicate, co- partnershi
corporation, trust or any othe
o legal entity commencing proceed
f ings under the Article, to effect
subdivision of land hereunder fo
- himself or for another and while
t used herein the masculine gender
s and singular number it shall b
deemed to mean and include th
' feminine or neuter gender and th
Plural number whenever required
Section 9251.4 "Subdivision'
s shall mean any land or portion
r thereof shown on the last pre
f ceding tax roll as a unit or as
contiguous unit which is divide
for the purpose of sale, whether
f immediate or future, by any sub-
divider.
CHAPTER III. TENTATIVE
MAP
Section 9252.1 Filing and De-
partmental Approval
Section 9252.11 Six (6) copies
of a tentative map and statement
of the proposed subdivision of any
land shall be filed with the Plan-
ning Commission at least fifteen
(15) days prior to the meeting of
said Commission, at which consid-
eration is desired together with a
filing fee of twenty -five dollars
($25.00) for any subdivision of five
(5) or more lots.
Section 9252.12 The Planning
Commission shall transmit copies
Of such tentative map to the City
Engineer and may transmit copies
thereof to other departments as
it deems advisable. Upon receipt
Of a copy of such tentative map
each department to whom or to
which the same has been transmit-
ted shall examine the said map te"
"ascertain if same conforms to the
requirements coming within the
authoritative scope of such depart-
ment, and within ten (10) days
after receipt thereof, each depart-
ment shall make a written report
to the Planning Commission. If
said map conforms to the require-
ments coming within its author-
ized scope such department shall
so state within its report to the
Planning Commission. If said map
does not conform to such require-
ments or any of them, such de-
partment shall so state in said
report noting therein the parti-
culars in which said map does not
conform.
Section 9252.2 Form of Tenta-
tive Map
Section 9252.21 Tentative maps
shall be eighteen by twenty -six
inches (18"x26 ") in size and to a
scale of one inch equals one hun-
dred feet (1° =100') unless other-
wise approved by the Planning
Commission; and shall be clearly
and legibly reproduced.
Section 9252.22 The tentative
map of a subdivision containing
less than five (5) lots shall show
the dimensions of the proposed
lots and any other information
deemed necessary by the Planning
Commission.
Section 9252.23. The tentative
map of a subdivision containing
e five (5) or more lots shall co$=
yn- tain the following information:
- (a) The subdivision name or
y number, date, north point, scale
e and sufficient description to de-
. fine the location and boundaries
• of the proposed subdivision.
• (b) Name and address of re-
• cord owner or owners of said sub-
• division.
d (c) Name and address of the
r subdivider.
(d) Name, business address and
1 number of the registered engineer
or licensed surveyor, who prepared
p, the map of said subdivision, if any.
r (e) Sufficient elevations or
- contours to determine the general
a slope of the land and the high and
r low poihts thereof.
(f) The locations, names, widths
and approxinate grades of all
e roads, streets, highways and ways
e in the proposed subdivision and
e along the boundaries thereof.
(g) The locatidn and charac-
ter of all existing or proposed pub-
lic utility facilities in said subdi-
vision or on said adjoining and
a contiguous highways, streets and
d ways.
(h) The approximate widths,
location and purpose of all exist-
ing or proposed easements.
(i) Approximate lot lay -out
and approximate dimensions of
each lot and each to be numbered.
(j) The outline of any exist-
ing buildings to remain in place
and their locations in relation to,
existing or proposed street and lot
lines.
(k) Approximate location of
all trees standing within the boun-
daries of proposed public rights of
way.
(1) Approximate location of all
areas subject to inundation or
storm water overflow and' the lo-
cation, width and direction of
flow of all water courses.
Section 9252.24 The subdi"vid-
er "s statement td accompany the
tentative map shall be in written
form and shall contain the follow-
ing information:
(a) Existing use or uses,of the
property.
(ti)" Proposed use of the pro-
perty. If property is proposed to
be used for more than one pur-
pose, the area, lots or lot pro-
posed for each type of use shall be
shown on the tentative map.
(c) Statement of the improve-
ments and public utilities proposed
to be made or installed and of the
time at which such improvements
are proposed to be completed.
(d) Provision for sewerage and
sewage disposal.
(e) Public areas proposed, if
any.
(f) Tree planting proposed, if
any.
(g) Justification and reasons
for any exceptions to provisions of
this Article.
Section 9252.25 A copy of any
restrictive covenants proposed
shall be attached to the owner's
statement. -'
Section 9252.3 Action on Ten-
tative Map
Section 9252.31 The Planning
Commission shall determine whe-
ther the tentative man is in con-
formity with the provisions of law
and of this Article, and Amon that
basis within thirty (30) days, after
the filing of the tentative map,
epprove, conditionally approve. or
disapprove the same and shall re-
port such action direct to the sub-
divider and shall also transmit to
the City Engineer a copy of the-
•
•
11
tentative map, and a memoran-
dum setting forth the action of the
Commission thereon.
Section 9252.32 The Planning
Commission may require the sub-
divider to set aside or may sug-
gest to the subdivider the advis-
ability of dedicating suitable areas
for the parks, playgrounds and
schools, and other public building
sites that will be required for the
use of the population which is In-
tended to occupy the subdivision
under the plan of proposed pro-
perty uses therein. In all cases
the Planning Commission shall
suggest to the subdivider such
measures as will make for excel-
lence of residential, commercial
or industrial development.
Section 9252.33 Where the pro-
posed subdivisions contains four
(4) or less number of lots, all of
which face upon a dedicated and
accepted city street, the Planning
Commission may recommend to
the City Council that the require-
ments for a final map be omitted.
The City Council shall approve or
disapprove such recommendation
within thirty (30) days after re-
ceipt thereof.
Section 9252.34 The Planning
Commission may refuse to approve
a tentative map when the only
practical use which can be made
of the property proposed to be
subdivided, is a use prohibited by
ordinance or law or if the property
is deemed unhealthful or unfit for
human habitation or occupancy
by the Health Department of the
City.
CHAPTER IV. FINAL MAP
Section 9253.1 Filing
Section 9253.11 Except as pro=
vided in Section 9252.33 and within
one year after approval or condi-
tional approval of the tentative
map, the subdivider shall cause the
subdivision or any part thereof,
to be surveyed and a final map
thereof prepared in conformance
with the tentative map as ap-
proved or conditionally approved.
The tracing and two blue line or
black line prints of the final map
shall be filed with the Planning
Commission together with a check-
ing fee of fifteen dollars ($15.00)
plus fifty cents (500 per lot shown
on the final map. Extensions of
time for filing of the final map
may be granted by the City Coun-
cil upon recommendation by the
Planning Commission providing
written application is made by the
subdivider within one year after
action on tentative map.
Section 9253.12 At the time
of the filing of the final map with
the Planning Commission, the sub-
divider shall a'' -so file therewith
the following:
(a) In the event any dedication
is to be made for the public use,
a preliminary title report issued
by a Title Insurance Company,
in the name of the owner of the
land, issued to or for the benefit
and protection of the City of New-
port Beach, showing all parties
whose consent is necessary of
their interests therein, e x c e p t
where the land embraced in such
subdivision is registered under the
Land Registration Act (Torrens
Act). If the land is so registered,
a certified copy of the certificate
of title shall be furnished.
(b) The instrument prohibiting
traffic over the side lines of a ma-
jor highway, parkway, street or
freeway, when and if the same is
required under Section 9254.16
hereof.
(c) Sheets and drawings show -
ng traverse closeups and the com-
nttation of all distances, angles
Ind courses shown on the final
map, tics to existing and proposed
monuments, and adjacent subdivis-
ions.
Section 9253.2 Form of Final
Hap
Section 9253.21 The final sub-
division map shall be clearly and
legibly drawn upon tracing cloth
if good quality. All lihe5; letters,
figures, certifications, acknowledg-
ments and signatures shall be
made in black India ink. Type-
writing or rubber stamps shall not
be used. The map shall be so
made and shall be in such condi-
tion when filed that good legible
blue prints and negatives can be
made therefrom. The size of the
sheets of tracing cloth shall be
eighteen by twenty -six inches
(18 "x26 ") leaving a margin of two
inches (2 ") at the left edge and
one inch (1 ") at the other three
edges of the sheets. The scale of
the final map shall be one inch
equals one hundred feet (1 "- 100').
Section 9253.22 When the final
map consists of more than two
sheets, a key map showing the re-
lation of the sheets shall be placed
on sheet one. Every sheet com-
prising the map shall bear the
scale, north point, legend, sheet
number, and number of sheets
comprising the map.
Section 9253.23 Maps filed for
the purpose of reverting subdi-
vided land to acreage shall be con-
spicuously so designated with the
title "The Purpose of this Map is
a REVERSION TO ACREAGE".
Section 9253.24 Wherever the
City Engineer has established a
system of coordinates then the
survey shall be tied into such sys-
tem. The map shall show clearly
what stakes, monuments or other
evidences were found on the
ground to determine the boundar-
ies of the subdivision. The ad-
joining corners of all adjoining
subdivisions shall be identified by
Lot, subdivision name and place
of record, or other proper desig-
nation.
Section 9253.25 Sufficient data
must be shown to determine read-
ily the bearing and length of every
lot line, block line and boundary
line. Dimensions of lots shall be
given as total dimensions, corner
to corner, in addition to point to
point dimensions, and shall be
shown in feet and hundredths of a
foot. No ditto marks shall be
used. Lots containing one acre
or more shall show total acreage
to nearest hundredth. Bearings
and lengths of straight lines, and
radii and arc length for all curves
as may be necessary to determine
the location of the centers of
curves and tangent points shall be
shown. No lot shall be dimen-
sioned to contain any part of an
existing or proposed public right
of way.
Section 9253.26 Whenever the
City Engineer or other agency has
established the center line of a
street or alley, adjacent to or in
the proposed subdivision, the data
shall be shown on the final map
indicating all monuments found
and making reference to a field
book or map. If the points are
reset by ties, the source and detail
of relocation data used by the City
Engineer shall be stated.
Section 9253.27 The map shall
show the location and description
of all monuments found in making
the survey of the subdivision.
Section 9253.23 In addition, the
final map shall be prepared in full
compliance with the following re-
quirements:
(a) The final map shall show
the line of high water in case the
subdivision is adjacent to a
stream, channel or any body of
water and shall show the line of
mean high tide when adjacent to
the Pacific Ocean, and shall also
show any area subject to periodic
Inundation by water.
(b) The boundary of the sub-
division shall be designated by a
blue border applied to the reverse
side of the tracing and on the face
of the blue line prints. Such bor-
der shall not interfere with the
legibility of figures or other data.
(c) Streets and other Rights -
of -Way. The maps shall show the
center and side lines of all streets,
the total width of all streets, the
width of the portion being dedi-
cated and the width of existing
dedications, and the widths each
side of the center line, also the
width of railroad rights -of -way ap-
pearing on the map.
(d) The map shall show the
side lines of all easements to which
the lots arc subject. The ease-
ments must be clearly labeled and
identified and if already of record,
the recorded reference given. If
any easement is not definitely lo-
cated of record, a statement of
such easement must appear on the
title sheet. Easements for storm
drain, sewers and other purposes'
shall be .denoted by fine dotted'
iines. Building lines shall be indi-
cated by fine short dash lines. The.
width of the easement and the
lengths and bearings of the lines
thereof and sufficient ties thereto
to definitely locate the easement
with respect to the subdivision
must be shown. If the easement
is being dedicated by the map, it
shall be properly referericcd'in the
owner's certificate of dedication.
(e) City boundary lines cross-
ing or bounding the subdivision
shall be dearly designated and re-
ferenced.
(f) Lot numbers shall begin
with the number "1" and shall con-
tinue consecutively through the
subdivision with no omissions or
dbliheations.
(g) Each bloc'c in its entirety
shall be shown on one sheet. Where
adjoining blocks appear on sepa-
rate sheets, the street adjoining
both blocks shall be showfi on both
sheets complete with Eenter line
and property line data.
(h) The map shall alto show
all other data that is or rray be
required by law.
(i) The final map shall parti-
cularly define, delineate and desig-
nate all lots intended for sale or
reserved for private purposes, all
parcels offered for dedication for
any purpose, public or private,
with all dimensions, boundaries
and courses clearly shown and de-
fined in every case. Parcels of-
fered for dedication but not ac-
cepted shall be designated by let-
ter.
Section 9253.3 Certificates and
Tax Bond.
Section 9253.31 The following
certificates and acknowledgments
and all others now or hereafter
required by law shall appear on
the final map, such certificates
may be combined where appropri-
ate:
(a) A certificate signed and
acknowledged by all parties hay.
ing any record title interest in the'
owner or subdivider executes and
If the Planning Commission shall
land subdivided, consenting to the.
files with the Board of Supervis-
determine not to recommend said
it the subdivider
preparation and recordation of
said map, provided, however, that
ors of the County wherein any
part of the subdivision is located,
map, shall advise
of the changes or additions that
the signatures of parties owning
a good and sufficient bond to be
must be made for such purpose and
the following types of interests
approved by the Board and by its
shall accord him an opportunity to
may be omitted if their names
terms made to inure to the benefit
make same.
9253.43 Approval by City
• and the nature of their interests
are set forth on the map. •
of the county and conditioned upon
the payment of all State, County.
Section
Council. At its first regular meet -
1. Rights -of -way, easements -or-
municipal and local taxes and all
ing following the filing of said map
other interests none of which can
special assessments collected as
with the City Clerk as aforesaid,
ripen into a fee.
taxes, which at the time the final
or within twenty days following
2. Rights -of -way, easements or
map is recorded are a lien against
the filing thereof, the City Coun-
reversions, which by reason of
the property, but which are not
cil shall consider said map, the
changed conditions, long disuse or
yet payable. In lieu of a bond, a
plan of subdivision and the of-
laehes appear to be no longer of
deposit may be made of money or
in
fers of dedication. The City Coun-
may reject any or all offers of
practical use or value and which
negotiable bonds the same
cil
If the City Council
signature it is impossible or im-
amount, and of the kind approved
dedication.
practical to obtain. In this case,
for securing deposits of public
shall determine that said map is
a reasonable statement of the cir-
money.
in conformity with the require -
cumstances preventing the pro-
Section 9253.4 Action on Final
ments of this Article and that it
curement of the signatures shall
Map
is satisfied with the plan of sub -
be set forth on the map.
Section 9253.41 Approval by City
division, it shall approve said map.
3. Any subdivision map includ-
Engineer. Upon receipt of the fl-
When the subdivider shall have
ing land originally patented by
nal map and other data submitted
filed with the City Clerk, the
the United States or the State of
therewith, said map and data shall
agreement and bond, or made the
deposit described in Section 9253.5
California, under patent reserving
interest to either or both of these
be referred to the City Engineer
who shall examine such to deter-
hereof and when such agreement
entities, may be recorded under
mine that the subdivision as shown
and bond shall have been approved
the provisions of this Article with-
is substantially the same as it ap-
by the City Attorney as to form,
out the consent of the United
peared on the tentative map, and
and by the City Manager or Ad-
States or the State of California
any approved alterations thereof,
ministrator as to sufficiency, the
thereto, or to dedications made
that all provisions of the law and
City Clerk shall transmit the map
thereon.
of this Article applicable at the
to the Clerk of the County Board
(b) Dedication Certificate. A
time of approval of the tentative
of Supervisors. When all bonds,
certificate signed and acknowl-
map have been complied with, and
money or negotiable bonds re-
edged as above offering for dedi-
that he is satisfied that the map
quired under the provisions of this
cation all parcels of land shown on
is technically correct. If the City
Chapter to secure the payment of
the final map and intended for any
Engineer shall determine that full
taxes and assessments which are
public use, except those parcels
conformity therewith has not been
a lien on some part of the subdi-
other than streets, which are in-
made he shall advise the subdi-
vision but which are not yet pay -
tended for the exclusive use of
vider of the changes or additions
able, have been deposited with and
the lot owners in the subdivision,
that must be made for such pur-
approved by the Board of Super -
their licensees, visitors, tenants
poses and shall afford the subdi-
visors, the clerk of the Board shall
and servants.
vider an opportunity to make such
transmit the final map to the
(c) Engineer's Certificate. A
changes or additions. If the City
county recorder. If the City
certificate signed by the Civil En-
Engineer shall determine that full
Council shall determine either that
gineer or licensed surveyor re-
conformity therewith has been
said map is not in conformity with
sponsible for the survey apd final
.
made he shall so certify on said
the requirements of this Article or
map. The signature of such Civil
map and shall transmit said map
that it is not satisfied with the
Engineer or surveyor unless ac-
to the Planning Commission. In
plan of subdivision, it shall disap-
compauied by his seal must be at-
the event a subdivision is partly
prove said map specifying its rea-
tested.
in the City and partly in the t
son or reasons therefor and the
(d) A certificate for execution
County, the County Surveyor and
City Cleric shall in writing advise
by the City Engineer.
the City Engineer shall enter into
the subdivider of such disapproval
(e) A certificate for execution
an agreement by and with the con-
and of the reason or reasons for
by the City Planning Commission.
sent of their respective governing
such disapproval. Within thirty
(f) A certificate for execution
bodies, providing that the County
(30) days after the City Council
by the City Clerk.
Surveyor shall perform the duties
has disapproved any map the sub -
(g) A certificate for execution
prescribed for the City Engineer
divider may file with the Planning
by the County Recorder.
in the next preceding paragraph
Commission a map altered to meet
Section 9253.32 Prior to the fil-
or providing for such an apportion-
the approval of the City Council.
ing of the final map with the gov-
ment between them of said duties.
In such case, the subdivider shall
erning body, the subdivider shall
The County Surveyor, when by
conform to all the requirements
file with the clerk of the Board
such agreement all such duties de-
imposed upon him by this Article
of Supervisors of the county, in
volve upon him, may after his per-
when filing the first final map
which any part of the subdivision
formance thereof make the afore-
with the Planning Commission and
is located, a certificate from the
said certification upon said map
the same proceedings shall be had
official computing redemptions
and, when by such agreement said
thereon as are prescribed' by this
in any county or any municipal
duties are apportioned between-
Article upon the filing of the first
corporation in which any part of
the County Surveyor and the City
final map with the Planning Com-
the subdivision is located, showing
Engineer, it shall be sufficient, if
mission. No map shall have any
that, according to the records of
each shall after the performance
force or effect until the same has
his office, there are no liens
thereof, make a certification on
been approved by the City Council
against the subdivision or any part
said map, touching the duties per-
and no title to any property-de-
thereof for unpaid State, county,
fo-rmed by each.
scribed in any offer of dedication
municipal or local taxes or spe-
Section 9253.42 Approval of
shall pass until the recordation of
cial assessments collected as taxes,
Planning Commission. Upon re-
the final map.
except taxes or special assess-
ceipt of the final map the Planning
Section 9253.5 Agreement and
ments not yet payable.
Commission shall examine the
Bond for Improvements
As to taxes or special assess-
same to determine whether said
Section 9253.51 Upon the ap-
ments collected as taxes not yet
map conforms with the tentative
proval by the City Council of the
payable, the subdivider shall file
map and with all changes permit-
final map the subdivider shall exe-
with the clerk of the Board of
ted and all requirements imposed
cute and file an agreement be-
Supervisors mentioned, a certifi-
as a condition to its acceptance
tween himself and the City speci-
cate by each proper officer giving
I and if the Planning Commission
fying the period within which he
his estimate of the amount of
'shall thereupon determine that
1 shall complete all improvement
• taxes and assessments which are a
lien but which are not yet payable.
said map is in conformity there-
with and determines to recom-
work to the satisfaction of the
City Engineer, and providing that
Section 9253.33 Whenever any
mend said map, it shall certify its
if he shall fail to complete such
part of the subdivision is subject
approval thereon and shall trans-
work within such period the City
to a lien for taxes or special as-
mit said map to the City Clerk, to-
may complete the same and re-
sessments collected as taxes which
gether with any documents which
cover the full cost and expense
are not yet payable, the final map
may have been filed therewith for
thereof from the subdivider. The
shall not be recorded until the
presentation to the City Council.
agreement shall also provide for
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11 1
•
inspection of all Improvements by
the City Engineer, and reimburse-
ment of the City by the subdivider
for the cost of such inspection.
Such agreement may also provide
(a) for the construction of the
improvements in units, (b) for an
extension of time under conditions
therein specified, (c) for the ter-
mination of the agreement upon
the completion of proceedings un-
der an assessment district act for
the construction of improvements
deemed by the City Engineer to be
at least the equivalent of the im-
provements specified in said agree-
ment and required to be construct-
ed by the subdivider, and (d) for
progress payments to the subdi-
vider, or his order, from any de-
posit money which the subdivider
may have made in lieu of provid-
ing a surety bond, as provided by
the next succeeding section; pro-
vided, however, that no such pro-
gress payment shall be made for
more than ninety percent (90 %)
of the value of any installment of
work and provided that each such
installment of work shall be com-
pleted to the satisfaction of the
City Engineer.
Section 9253.52 The subdivider
shall also file with the aforesaid
agreement, to assure his full and
faithful performance thereof, a
bond for such sum as is by the
City Engineer deemed sufficient
to cover the cost of said improve-
ments, and inspection. Such bond
shall be executed by a surety com-
pany authorized to transact a
surety business in the State of
California and must be satisfac-
tory to and be approved by the
City Attorney as to form and by
the City Manager as to sufficiency.
Iln lieu of said bond, the subdivider
may deposit with the City Treas-
urer cash money in an amount
fixed as aforesaid by the City En-
gineer.
Section 9253.53 In the event
the subdivider shall fail to com-
plete all improvement work in ac-
cordance with the provisions of
this Article and the City shall
have completed same, or if the
subdivider shall fail to reimburse
the City for the cost of inspection,
the City shall call on the surety
for reimbursement, or shall ap-
propriate from any cash deposit
funds for reimbursement. In any
such case, if the amount of surety
bond or cash deposit shall exceed
all cost and expense incurred by
the City, it shall release the re-
mainder of such bond or cash de-
posit and if the amount of the
surety bond or cash deposit shall
be less than the cost and expense
incurred by the City the subdi-
vider shall be liable to the City for
such difference.
See'lon 9253.54 No extension of
time, progress payments from cash
deposits, or releases of surety bond
or cash deposit shall be made ex-
cept upon certification by the City
Engineer that work covered there-
by has been satisfactorily com-
pleted, and upon recomanmendation
of the City Manager d approval
by the City Council.
CHAPTER V. GENERAL RE-
GULATIONS AND DESIGN
Section 9254.1 Streets and High-
ways
Section 9254.11 The street and
highway design shall conform both
in width and alignment to any
Master Plan of Streets and High-
ways approved by the City Coun-
cil and right -of -way for any such
street or highway indicated on
said Master -Plan shall be dedi-
cated.
Section 9254.12 The street and
highway design shall conform to
any proceedings affecting the sub -'
division, which may have been ini-
tiated by the City Council or ap-
proved by said Council upon ini-
tiation by other legally constituted
bodies of the City, County or
State. If a parcel of land to be
subdivided includes a portion of
the right -of -way to be acquired
for a public freeway or parkway,
and the City Council shall deter-
mine the boundaries of the right -
of -way to be acquired, the subdi-
vider shall either dedicate or with-
hold from subdivision all the area
included in said right -of -way.
Section 9254.13 The following
general conditions shall apply to
street and highway design:
(a) All streets shall, as far as
practicable, be in alignment with
existing adjacent streets by con-
tinuations of the center lines
thereof or by adjustments by
curves and shall be in general con-
formity with the plans of the Plan-
ning Commission for the most ad-
vantageous development of the
area in which the subdivision lies.
(b) Streets shall be required
to intersect one another at an
angle as near to a right angle as
is practicable in each specific
case.
(c) Where necessary to give
access to or permit a satisfactory
future subdivision of adjoining
land, streets shall extend to the
boundary of the property and the
resulting dead -end streets may be
approved without a turn- around.
In all other cases a turn - around
having a minimum radius of forty
(40) feet shall be required.
(d) Intersection Corner Round-
ing. Whenever a major street or
State Highway intersects any
other street or highway, the pro-
perty lines at each block corner
shall be rounded with a curve hav-
ing a radius of not less than thirty
(30) feet. On all other street
intersections the property line at
each block corner shall be rounded
with a curve having a radius of
not less than twenty (20) feet. In
either case, a greater curve ra-
dius may be required if streets
.intersect other than at right
angles.
(e) Curve Radius. The center
line curve radius on all streets and
highways shall conform to accept -
ed engineering standards of design,
and shall be subject to approval by
the City Engineer.
(f) Grades of Streets and High-
ways. No street or highway shall
have a grade of more than seven
percent (7 %) unless because of
topographical conditions or other
exeeptional conditions, the City
Engineer determines that a grade
in excess of seven percent (7 %)
is necessary.
(g) Reserved strips controlling
the access to public ways or which
will not prove taxable for special
improvements, will not be ap-
'proved unless such strips are ne-
cessary for the protection of the
public welfare or of substantial
property rights, or both, and in
no case unless the control and dis-
posal of the land comprising such
strips is placed definitely within
the jurisdiction of the City under
conditions approved by the Plan-
ning Commission.
Section 9254.14 Streets and
highways not shown on any Mai+
ter Street and Highway Plan or
not affected by proceedings ini-
tiated by the City Council or ap-
proved by the City Council upon
initiation by other legally consti-
tuted governmental bodies shall
not be of less width than those set
forth hereunder, except where it
can be shown by the subdivider,
to the satisfaction of the Planning
Commission that the topography
or the small number of lots served.
and the probable future traffic
development are such as to un-
questionably justify a narrower
width, or a special type of devel-
opment satisfactory to the Plan-
ning Commission. Increased widths
may be required where streets are
to serve commercial property or
where probable traffic conditions
warrant such. Approval or deter-
mination of street or highway
classification shall be made by the
Planning Commission.
(a) Major streets or highways
— minimum right -of -way: Eighty -
six (86) feet in commercial areas,
and eighty (80) feet in residential
areas. Minimum pavement width
fifty -six (56) feet.
(b) Secondary streets or high-
ways — minimum right -of -way:
Sixty (60) feet. Planning Com-
mission may require up to eighty
(80) feet where street may be-
come a major street at some fu-
ture date. Minimum pavement
width thirty -six (36) feet.
(c) Local streets — minimum
right -of -way: Sixty (60) feet.
Minimum pavement width thirty -
six (36) feet.
(d) Cul -de -sac streets and serv-
ice roads when not over three hun-
dred and fifty (350) feet in length
— minimum right -of -way of sixty
(60) feet. Minimum pavement
width thirty -six (36) feet.
(e) Two level streets — mini-
mum right -of -way: Sixty (60) feet
— variable according to grade.
Pavement widths, two sections
each eighteen (18) feet curb face
to curb face.
Section 9254.15 Service Roads
and Off- Street Parking. When the
front of any lots proposed for com-
mercial usage front on any major
or secondary street or highway,
the subdivider shall be required to
dedicate and improve a service
road to provide ingress or egress
to and from such lots or in lieu
thereof, if approved by the Plan-
ning Commission the subdivider
may dedicate for public use and
improve, an area approved by the
planning Commission and adja-
cent to such lots, for off - street
parking purposes. When the front
of any loss proposed for residen-
tial usage front on any freeway,
State Highway or parkway,,the
subdivider shall dedicate and im-
prove a service road at the front
of such lots, unless such is already
existent as- a part of such free-
way or parkway. In addition to
any requirement for a service
road, the Planning Commission
may require adequate. off- street
parking areas for all lots proposed
for commercial usage.
Section 9254.19 Non - Access and
Planting Strips. When the rear
of any lots border any major or
secondary street, highway or
parkway, the subdivider may be
required to execute and deliver to
the City an instrument, deemed
sufficient by the City Attorney,
prohibiting the right of ingress and
egress to the rear of such lots
•
•
•
across the side lines of such
streets or highways. When the
rear of any lots border any free -
way, state highway or parkway,
the subdivider may be required to
dedicate and improve a planting
strip adjacent to such parkway or
freeway.
Section 9254.17 Alleys. When
any lots are proposed for commer-
cial or industrial usage, alleys at
least thirty (30) feet in width
shall be provided at the rear there-
of with adequate ingress and
egress for truck traffic. Any alleys
provided in residential areas shall
be a minimum of thirty (30) feet
in width.
Section 9254.18 Street Names.
All street names shall be as ap-
proved by the Planning Commis-
sion.
Section 9254.19 Acre or Large
Lot Subdivisions. Where a parcel
is subdivided into a tract of lots
of one acre or more, the Planning
Commission may require that the
blocks shall be of such size and
shape, and be so divided into lots,
as to provide for the extension
and opening of streets and alleys
at such intervals as will permit
a subseouent division of any par-
cel into lots of normal size.
Section 92.;4.2 Risements
Section 9254.21 The subdivider'
shall grant easements not less than
five (5) feet in width for public
utility, sanitary sewer and drain -1I
age purposes on each side of rear
lot lines, along side lot lines, and
in planting strips wherever noses
sary, provided easements of less
width may be allowed when at the
determination of the City Engineer
the purposes of easements may be
accomplished by easements of les-
ser width and provided further
that in such determination the
City Engineer shall prescribe the
width of such easements. Dedica-
tion of easements shall be to the
City for the purpose of installing
utilities, planting strips and for
other public purposes as may be
ordered or directed by the City
Council. Easements for overhead
wire lines, shall be provided at
the rear of all lots, except where
alleys are available.
Section 9254.3 Lots
Section 9254.31 The size and
shape of lots shall be in conform -
area to any zoning regulations ef-
fective in the area of the proposed
subdivision and shall be not less
than fifty (50) feet average width,
nor less than five thousand (5,000)
square feet in area, nor less than
eighty (80) feet in depth provided
that for corner lots the average
width shall not be less than sixty
(60) feet. The Planning Commis-
sion may recommend the granting
of exception to this provision
where lots are to be used for com-
mercial or industrial purposes or
where there are unusual topo-
graphic conditions, curved or cul-
de -sac streets or other special con-
ditions.
Section 9254.32 The side lines
of all lots, so far as possible, shall
be at right angles to the street
which the lot faces, or radial or
approximately radial if the street
is curved.
Section 9254.33 Set back lines
shall be indicated by "dotted" lines
on the Subdivision Map, as re-
quired by the Planning Commis-
sion.
Section 9254.34 Divided Lots.
No lot shall be divided by a city
boundary line.
Section 9254.35 Lot Numbers.
Lot numbers shall begin with the
number "I" and shall continue
con;rcu:tively throughout the sub-
division with no omissions or du-
plications.
Section 9254.38 Lots without'
frontage on a street will not be
permitted.
Section 9254.37 Lots other than
corner lots may front on more
than one street where necessitated
by tonographic or other unusual
conditions. The width of each
block shall be sufficient for an
ultimate layout of two tiers of lots
therein of a size required by the
provisiors of this Article unless
the general layout in [he vicinity,
lines of ownership, topographical
conditions or location of major or
secondary highways justify or
make necessary a variation from
this requirement.
Section 9254.4 Walkways
Section 9254.41 The subdivider
may be required to dedicate and
improve walkways across long
blocks or to provide access to
school, park or other public areas.
Section 9254.5 Water Courses
Section 9254.51 The subdivider
shall, subject to riparian rights,
dedicate a right -of -way for storm
drainage purposes conforming sub-
stantially with the lines of any
natural water course or channel,
stream or creek that traverses the
subdivision, or at the option of the
subdivider provide by dedication
further and sufficient easements
or construction, or both, to dispose
Of such surface and storm waters.
Section 92:54.6 Master Plan
Section 9254.61 In all regpegts;
the subdivision will be considered
in relation to the Piaster Plan of
the City or any part thereof, or
preliminary plans made in antici-
pation thereof.
Section 9254.7 Deed Restric-
tions
Section 9254.71 A copy of the
Deed Restrictions applicable to the
subdivision shall be filed with the
Planning Commission at the time
of filing final map.
Section 5254.8 Land Subject to
Inundation
Section 9254.81 If any portion
of any land, within the boundaries
shown on any such final map, is
subject to overflow, inundation or
flood hazard by storm waters, such
fact and said portion shall be
clearly shown on such final map
enclosed in a border on each sheet
of said map. The Planning Com-
mission and the City Council may
reject a Tentative Mao if the only
practical use which can be made of
the property, as proposed to be
subdivided, is a use prohibited by
any ordinance, statute, law, or
other valid regulation, or if the
property is deemed to be unhealth-
ful for occupancy.
CHAPTER VI. IMPROVE-
MENTS AND BONDS.
Section 9255.1 Standards and
Approval
Section 9255.11 All improve-
ments hereinafter mentioned shall
conform to those required in the
"Standard Subdivision Improve-
ment Specifications" prepared by
the City Engineer, recommended
by the Planning Commission, and
adopted by the City Council copies
of which are on file in the office
of the Planning Commission and
the City Engineer.
Section 9255.12 Improvement
work shall not be commenced until
plans and profiles for such work
have been submitted to and ap-
proved by the City Engineer or
LZZ
any other interested agency. Such
plans may be required before ap-
proval of the final map. All such
plans and profiles shall be pre-
pared on tracing cloth in accord-
ance vAth requirements of the City
Engineer. Corrected "as built'
improvement plans on cloth shall
become the property of the City
before release of bond by the City
Council.
Section 9255.13 All required im-
provements shall be constructed
under the inspection of and to ap-
proval of the City Engineer. Cost
of inspection shall be paid by the
subdivider.
Section 9255.14 All underground
utilities, sanitary sewers and storm
drains installed in streets, service
roads, alleys or highways shall be
constructed prior to the surfacing
of such street, service roads, alleys
or highways. Service connections
for all underground utilities and
sanitary sewers shall be laid to
such lengths as will obviate the
necessity for disturbing the street
or alley improvements, when serv-
ice connections thereto are made.
Section 9255.2 General Require-
ments
Section 9255.21 Streets and
Highways. All streets and high-
ways shall be graded and paved
to cross sections and grades ap-
proved by the City Engineer. The
subdivider shall improve the ex-
tension of all subdivision streets,
highways or public ways to the in-
tercepting paving line of any
county road, city street or State
Highway.
Section 9255.22 Structures.
Structures shall be installed, as
deemed necessary by the City En-
gineer, for drainage, access and /or
public safety. Such structures to
be placed to grades and to be of a
design approved by the City En-
gineer.
Section 9255.23 Curbs and Gut-
ters. Curbs and gutters shall be
installed to grades, cross section,
layout and location approved by
the City Engineer.
Section 9255.24 Sidewalks. Side-
walks may be required by the
Planning Conunission and shall be
installed to grades, location widths
and cross- section approved by the
City Engineer.
Section 9255.25 Sewers. Sani-
tary sever facilities connecting
with the existing city or county
sewer system shail be installed to
serve each lot includinz one con-
nection brought to each lot line,
and to grades, locations, design
and sizes approved by the City En-
gineer. No septic tanks or cess-
pools will be permitted. Storm
water sewers shall be installed as
required by the City Engineer.
Section 9255.26 Water. Water
mains and fire hydrants of design,
layout and locations alm,oved by
the City Engineer, correcting to
the water system serving the City
of Newport Beach, shell be in-
stalled by the subdivider.
Section 9255.27 Street Trees.
Street trees may be required by
the Planning Commission and if
so shall be of a type approved by
the City Engineer, and planted in
locations approved by him.
Section 9255.28 Street Light-
ing. Street lighting may be re-
quired by the Planning Commis-
sion and the design, layout and lo-
cation shall be approved by the
City Engineer.
Section 9255.29. Railroad Cross-
ings. Provision shall be made for
any and all railroad crossings ne-
•
•
•
cessary to provide access to or cir-
culation within the proposed sub-
divisions, including the prepara-
tion of all documents necessary
for application to the California
State Public Utilities Commission
for the establishment and im-
provement of such crossings. The
cost of such railroad crossing im-
provement shall be borne by the
subdivider.
Section 9255.3 Monuments
Section 9255.31 Permanent iron
pipe monuments of a type ap-
proved by the City Engineer shall
be set at each boundary corner of
the subdivision, along exterior
boundaries at intervals of not over
five hundred (500) feet, at the be-
ginning and end of property line
curves, and at any other points as
may be required by the City En-
gineer.
Section 9255.32 Concrete monu-
ments depressed below street
grade with cast iron ring and
cover of a type approved by the
City Engineer shall be set at in-
tersections of street centerline tan-
gents and, where such intersect on
private property, at the beginning
and end of the centerline curve.
Section 9255.33 Permanent ele-
vation bench -marks of a type ap-
proved by the City Engineer and
referred to the City datum shall
be set at location approved by the
City Engineer.
Section 9255.34 Lot stakes and
tags shall be required on all lot
corners.
Section 9255.35 Any monument,
'bench-mark, or lot stakes, as re-
quired by this Article that is dis-
turbed or destroyed before accept-
ance of all improvements shall be
replaced by the subdivider.
Section 9255.36 Complete field
notes, in a form satisfactory to the
City Engineer, showing references,
ties, locations, elevations and other
necessary data relating to monu-
ments and bench marks set in ac-
cordance with the requirements of
this Article, shall be submitted to
the City Engineer to be retained
by the City as a permanent record.
Section 9255.37 Monuments and
bench -marks shall be set before
final acceptance and release of
bond by the City Council unless
exception is recommended by the
City Engineer and approved by the
City Council.
CHAPTER VII. EXCEPTIONS
Section 9256.1 Application
Section 9256.11 The Planning
Commission may recommend that
the City Council authorize condi-
tional exceptions to any of the re-
quirements and regulations set
forth in this Article. Application
for any such exception shall be
made by a certified petition of the
subdivider, s t a t i n g fully the
grounds of the application and the
facts relied upon by the petitioner.
Such petition shall be filed with
the tentative map of the subdi-
vision. In order for the property
referred to in the petition to come
within the provisions of this sec-
tion, it shall be necessary that
the Planning Commission shall
find the following facts with re-
spect thereto:
(a) That there are special cir-
cumstances or conditions affecting
said property.
(b) That the exception is ne-
cessary for the preservation and
enjoyment of a substantial pro-
perty right of the petitioner.
(c) That the granting of the
exception will not be detriments'
o the public welfare or injurious
o other property in the vicinity
n which said property is situated.
Section 9256.2 Planning Com-
nission Action
Section 9256.21 In recommend -
ng such exceptions, the Planning
commission shall secure substan-
:ially the objectives of the regula-
tions to which the exceptions are
,ranted, as to light, air, and the
wblic health, safety, convenience
ind general welfare.
Section 9256.22 In recommend -
ng the authorization of any ex-
_eption under the provisions of
this section, the Planning Com-
mission shall report to the City
Council its findings with respect
thereto and all facts in connection
therewith, and shall specifically
and fully set forth the exception
recommended and the conditions
designated.
Section 92563 City Council Ac-
tion
Section 9256.31 Upon receipt
of such report the City Council
may by resolution authorize the
Planning Commission to approve
the tentative map with the excep-
tions and conditions the City Coun-
cil deems necessary to substan-
tially secure the objectives of this
Article.
CHAPTER VIII. APPEAL
Section 9257.1 Notice
Section 9257.11 Appeal may be
made to the City Council from any
decision, determination or require-
ment of the Planning Commission
or City Engineer by filing a notice
thereof in writing with the City
Clerk within ten (10) days after
such decision or determination or
requirement is made. Such notice
shall set forth in detail the action
and the ground by and upon which
the subdivider deems himself ag-
grieved.
Section 9257.2 Report
Section 9257.21 The City Clerk
shall report the filing of such no-
tice to the Planning Commission
and City Engineer. A written re-
port shall be submitted to the City
Council by the party whose decis-
ion, determination or requirement
is upon appeal.
Section 9257.3 Action on Ap.
peal
Section 9257.31 The City Coun-
cil at its next regular meeting fol-
lowing the filing of said appeal,
or within twenty (20) days follow-
ing the filing thereof, shall set
said appeal for hearing to be held
within twenty (20) days there-
after, and such hearing may for
good cause be continued by order
of the City Council. Upon the
hearing of said appeal the City
Council may overrule or modify
the decision, determination or re-
quirement appealed from and en-
ter any such order or orders as are
in harmony with the spirit and
purpose of this Article, and such
disposition of the appeal shall be
final.
CHAPTER IX. VALIDITY
Section 9258.1 If any section,
sub - section, sentence, clause or
phrase of this Article is for any
reason held to be invalid or un-
constitutional by the decision of
any court of competent jurisdic-
tion, such decision shall not affect
the validity of the remaining por-
tions of the Article. The City
Council of the City of Newport
Beach, State of California, hereby
declares that it would have passed
this Article and each section, sub.
section, sentence, clause and
phrase thereof, irrespective of the
fact that any one or more other
sections, sub - sections, clauses or
phrases be declared invalid or un-
constitutional.
CHAPTER X. PENALTIES
Section 9259.1 Any person, firm,
corporation, partnership or co-
partnership who wilfully violates
any of the provisions or fails to
comply with any of the mandatory
requirements of this Article is
guilty of a misdemeanor, and upon
conviction thereof shall be pun-
ishable by a fine of not to ex-
ceed five hundred ($500.00) dol-
lars or by imprisonment in the
City Jail, not to exceed six (6)
months or by both fine and im-
prisonment, except that nothing
contained shall be deemed to bar
any legal, equitable, or summary
remedy to which the City of New-
port Beach or other political sub-
division, or any person, firm, cor-
poration, partnership, or copart-
nership may otherwise be entitledi
and the City of Newport Beach
or any other political subdivision
or person, firm, corporation, part-
nership or co- partnership, may file
a suit in the superior court of the
County of Orange, and restrain or
enjoin any attempted or proposed
subdivision or sale in violation of
this Article.
SECTION 3: This ordinance
shall be published at least once in
the Newport Harbor Ensign, a
newspaper of general circulation,
printed and published in the City
of Newport Beach and shall be in
force and effect thirty (30) days
after the final publication thereof.
The foregoing ordinance was
submitted by the Planning Com-
mission of the City of Newport
Beach to the City Council of the
City of Newport Beach, and pur-
suant to the provisions of Section
35702 of the Government Code of
the State of California, the said
City Council did, on the 27th day
of August, 1951, at a regular meet-
ing thereof, set the 11th day of
September, 1951 as the date for
the holding of a public hearing on
the foregoing Ordinance; and, on
the said 11th day of September,
1951, the said hearing was opened;
no one appeared to protest the.
adoption of the said Ordinance;,
thereafter, on the 24th day of-
September, 1951, the said Ordi-
nance was introduced at a regular
meeting of the City Council of the
City of Newport Beach held on
said day; and, thereafter, on the
Sth day of October, 1951, said
Ordinance was duly adopted by the
following vote, to wit:
AYES, COUNCILMEN: Finch
Ramsey, Greeley, Isbell
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Blue
L. L. ISBELL
Mayor
C. K. PRIEST
City Clerk
Publish: Oct. 11, 1951
in the Newport Harbor Ensign.
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
C. K. PRIEST - - -, City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing Ordinance
Y Y 9 9..- .....__..- .. ...- -------- ------------------- - - --
No ---------- 650 ------------------ was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
nth October 1
regular meeting place thereof, on the ............ ...... ......day, of................. ..._-....._...-..- .- ..._...............19- 5-----
by the following vote:
AYES: COUNCILMEN ------------ F''-1-n-c-h-r --- Rai s-eYr- .Gre-eleYr- Labe- 1. 1 ------------------------- --------
• NOES: COUNC
0
ABSENT: COUNCILMEN ...... - _blue
Dated this....2th day of ---------------- October 19.551.
� �C
- ..............
City Clerk and Ex-Officio Clerk of the City Council,
City of Newport Beach, State of California
NB 130 -500 -6/51
X12'