14.24.050 Sewer Connection Fee.
The applicant shall pay * ^ e hundred fifty dollars ($250 00) a connection fee, as set by resolution adopted by the City Council, for each connection to the public sewer.
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14.24.080 Sewer Connections in the Orange County Sanitation DistrictNo. 7.
No building permit shall be issued by the Community Development Department for any construction requiring a sewer connection which is located within the boundaries of the Orange County Sanitation District Pie :7 ^{ Grange Ce my until the applicant has presented written evidence of payment of any connection charges required by said district.
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Chapter 14.30
FATS, OILS AND GREASE (FOG) CONTROL*
Sections:
14.30.010 Intent and Purpose.
14.30.015 Definitions.
14.30.020 Permit Required.
14.30.025 Requirements.
14.30.027 Prohibitions.
14.30.030 Grease Control Devices.
14.30.035 Exceptions.
14.30.040 Fees.
14.30.045 Sampling and Monitoring.
14.30.050 Sanitary System Overflows (SSOs) and Recovery of Costs and Fines.
14.30.053 Compliance Schedule Agreement.
14.30.055 Termination or Suspension of Service.
14.30.057 Notice of Non-compliance
14.30.060 Violations and Penalties.
* Prior ordinance history: Ords. 97-3, 96-22 and 91-5.
14.30.015 Definitions.
"Food service establishment (FSE)" means a food facility+es as defined in in Califernia Uniferm Retail Feed Service EstaWish ments Law (C RPP) Cal. Health and Safety Code Section 113789§, and any commercial entity within city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined i^ CURPPL Section 113785. A limited food preparation establishment is not considered a food service establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food SS2-329
preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
"Grease control device" or "device" means any gravity grease interceptor, gFease4F4p hydromechanical grease interceptor or other mechanism, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system.
"Gravity gGrease interceptor" means a multi -compartment grease control device that is constructed in different sizes and is required by the City to be located, according to the Uniform Plumbing Code, underground between a FSE and the connection to the sewer system. "Hydromechanical grease interceptors (HGls)" (formerly named grease traps) means a device used to treat kitchen wastewater from food service establishments (FSEs) using gravity separation aided by vented flow control. They are typically installed indoors and connected to one to four (1-4) sinks in the kitchen. "Limited Food Preparation Establishments ("LFPE") means an FSE that engages only in beverage services and limited reheating of ready -to -eat food products and, as a result, generates no wastewater discharge containing FOG (e.g., specialty coffee houses). LFPE's shall be determined by the City and are exempt from annual FOG BMP inspections.
. heF de
"Remodeling" means a physical change in an FSE causing an increased amount of FOG to the sewer system, as determined by the BUil iRg DiFe ^ Community Development Director; or exceeding a cost of fifty thousand dollars ($50,000.00) to a FSE that requires a building permit, and involves any one or combination of the following: (1) under slab plumbing in the food processing area, (2) a thirty 30 percent {� increase in the net public seating area, (3) a thirty 30 percent(30%) increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment. "Regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the City's facilities, including, but not limited to:
4. South Coast Air Quality Management DistrictC#y (SCAQMD).
5. California Department of Public Healthue-alth Sees,,,. (DPH#S).
6. Orange County Health Care Agency (OC HCA).
"Utilities SuperintendentMa+i,@�" means the Utilities SuperintendentGenera' Manager of the City's Municipal Oper-,jens Utilities Department ^.r his ^.r her desigRee
14.30.025 Requirements.
A 2. Authorize the Municipal QpeFatiensUtilities Director to access and inspect an FSE to ensure compliance with this chapter during all times the FSE is open, operating, or any other reasonable time.
3. Require the FSE to immediately notify the City by telephone at the number specified by the Munmempa4 OperatiensUtilities Director in the event the FSE is unable to comply with any requirements of this chapter due to a breakdown of equipment, accidents, or human error, or when the FSE has reasonable opportunity to know that a discharge will exceed the provisions of this chapter. This notification shall not relieve the SS2-330
FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees, fines or other liability which may be imposed by this chapter or other applicable law.
4. Require the FSE's adherence to best management practices to minimize the discharge of FOG to the sewer system. These BMPs shall be developed by the Utilities ManagerSuperintendent, updated annually, and distributed to each permit holder.
5. Require the FSE to maintain any grease control device in an efficient operating condition by removing the full content of the device which includes wastewater, accumulated FOG, floating materials, sludge and solids in a manner consistent with the maintenance frequency and maintenance practices approved by the MHRirzipal QpeFa: eRS Utilities Director.
6. Require all food service establishments to clean the sewer lateral from the grease control device to the sewer main, at least annually, or at a frequency that ensures proper flow within the sewer lateral and to maintain a record of the cleaning on file for review at the FSE.
76. The FSE shall keep all waste manifests, receipts and invoices of all cleaning, maintenance, grease removal of or from the grease control device, disposal carrier and disposal site location for no less than twos years. The FSE shall, upon request, make the waste manifests, receipts and invoices available to any City representative, or inspector.
t.
6B. New FSEs or FSEs that are newly required to have a permit shall have received a grease disposal permit prior to the Building Official's issuance of a certificate of occupancy. An FSE may not open for business nor serve customers without receiving and maintaining a valid grease control permit.
14.30.027 Prohibitions.
B. No FSE shall have or install'^+_"_*i^^ of a food grinders in the sewer system for a system 9 -all Rev.f FSEs an new er existing buildings, and OR all existing FSEs uRdergeing remedeling er a change ems.
C. No FSE shall have a gravity grease interceptor that is less than seven hundred fifty (750) gallons or more than two thousand (2,000) gallons, unless authorized by the City.
DQ Introduction of any additives into an FSE's wastewater system for the purpose of emulsifying FOG, for grease remediation or as a supplement to interceptor maintenance unless a variance is obtained in accordance with Section 14.30.035.
Es. Discharge of wastewater from dishwashers to any grease control device.
F€. Discharge of wastewater with temperatures in excess of 1407 to any grease control device.
G€. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease control device service, or vice -versa.
HG. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system.
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1#. Tampering with or knowingly rendering inoperable any grease control device, monitoring device or method or access point.
Ji•. Interfering with, delaying, resisting or refusing entrance to City representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewer system.
K�. Making any false statement or representation on any record, report, plan or other document that is filed with the City in accordance with this chapter.
14.30.030 Grease Control Devices.
A. Any new FSE, any FSE undergoing remodeling, any FSE undergoing a change in operations or, as directed by the Muniempal QpeFatiensUtilities Director, any FSE that violates the provisions of this chapter, shall obtain a permit from the Building Official to install a grease control device.
B. All grease control devices shall be installed per manufacturers specifications unless otherwise approved by the City. The Community Development Department will specify, size, style, location, orientation, and any other special conditions for the installation of the grease control device.
C-R. Upon approval of the Building Official, grease control devices for FSEs may be "gang" devices which accept FOG from more than one FSE. Each FSE that contributes FOG to a gang device shall be responsible for the installation and maintenance of the grease control device. A written service agreement from the property management company detailing which party is responsible for maintenance may be required by the City.
DQ The Building Official shall not issue a certificate of occupancy for an FSE which is required to have a grease control device until the device has been installed, inspected and approved by the Utilities GE)M , URit„ Development Department.
Es. Any decision of the Building Official pursuant to this chapter maybe appealed by any interested party to the Building and Fire Board of Appeals, pursuant to Chapter 15.80 of thise "'ewpeFt Beach nn, Rie;pal Code.
14.30.035 Exceptions.
A 1. Variance. If the UtilitiesMunieupal QpeFatiORs Director finds that a treatment or pretreatment product, combined with best management practices, will limit or eliminate FOG discharges from a particular FSE, the Utilities Manager may exempt that FSE via a variance.
2. Waiver. The Building Official, in consultation with the Utilities Director, shall exempt an FSE from the requirements of Section 14.30.030 via a waiver; provided, that the FSE complies with all other provisions of this chapter; and provided, that any of the following conditions exist:
b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease control device and/or between the grease control device and the private collection lines or the public sewer; or
er ^dell
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cd. The FSE conducts operations that do not produce FOG in a quantity that adversely affects the wastewater system. In this case, the waiver shall include conditions placed by the muniGipal C)PeFatieRsUtilities Director on the FSE's operations that provide for continued limits on FOG production.
14.30.045 Sampling and Monitoring.
A. Two meet the objectives and requirements of this crrhapter, the Utilities Director may require a FSE to construct, maintain, and provide access to monitoring facilities at the FSE's expense.
B. The location of the monitoring facilities shall be subject to approval by the Utilities Director.
C. FSEs may be required by the Utilities Director to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the grease control device and compliance with this chapter.
D. In the event that inspection of the point of sewer lateral connection to the sewer system indicates that FOG discharge by an FSE is causing or contributing to build up of FOG inside the sewer lateral where it has discharged, or has the potential to discharge to the sewer system, or in the event that an FSE fails to comply with the prohibitions of this chapter, the Utilities Director, shall have the authority to modify the permit to require the installation of a City approved grease control device. Any person who is dissatisfied with a decision of the Utilities Director to modify a permit may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after service of the decision in the manner provided in Section 1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1 n4a s
14.30.053 Compliance Schedule Agreement.
In the event that non-compliance with the provisions of a discharge permit or this chapter has occurred or is continuing, the Utilities Director may request that the FSE or other party enter into a Compliance Schedule Agreement. The Compliance Schedule Agreement may state terms and conditions to allow the FSE or other party to come into compliance with a discharge permit or other previsions in this chapter.
The Utilities Director shall not enter into a Compliance Schedule Agreement until all amounts due and owing to the City under applicable ordinances and policies have been paid, or until the City has approved a payment plan.
14.30.055 Termination or Suspension of Service.
A. Termination. The Utilities Director may physically terminate watersewer service to any property upon order of any official from the Regulatory Agencies for illicit or illegal discharges due to public health.
B. Suspension. The Utilities Director may suspend waterer service when the Utilities Superintendent a determines that the suspension is necessary to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health, safety and welfare of persons, or to the environment. Any discharger notified of and subject to a suspension order, shall immediately cease and desist the discharge of all wastewater Centaining F to the sewer system.
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C. All costs for physical termination shall be paid by the owner or operator of the FSE as well as all costs for reinstating service.
14.30.057 Notice of Non-comaliance
In the event an FSE is found to be non -compliant with the provisions of a discharge permit or this chapter, the Utilities Director may issue a written Notice of Non-compliance, whereby the FSE or receiving party shall comply with all directives, conditions, and requirements contained therein within the time prescribed. A Notice of Non-compliance may direct the receiving party to cease and desist from activities or actions that are prohibited by this chapter and it shall be a violation of this section for any person to fail to comply with the Notice of Non -Compliance. Each Notice of Non-compliance shall state a reasonable time aeriod for the FSE or receivine warty to come into compliance with the Notice of Non-comaliance.
14.30.060 Violations and Penalties.
9—.A. In -addition to the fines and penalties provided for in Chapters 1.04 and 1.05, -any p-Persons violating the provisions of this cGhapter may be subject to the following penaltiese 4—Rpursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., which provides that any violator may be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs.
BQ The amount of any civil penalty assessed shall be based on relevant circumstances, including but not limited to, the following:
Cs. The decision of the Utilities Director to levy penalties may be appealed to the City Manager within ten (10) days of the service of the decision as provided in Section 1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing in the manner provided for in Section 1.08.080. The decisions of the City Manager on such appeals shall be final as to the City but subject to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 ^.r his ^.r her designee SS2-334
Chapter 14.33
WATER CAPITAL IMPROVEMENT CHARGES
14.33.020 Definitions
„i-Ifilri"t;Ts M 'a"R'Ag'e„T9IF „V"TTIgQT ii meap th'eC
14.33.040 Water Capital Improvement Charges.
A water capital improvement charge in *he nt ^f+.ye- the- u.--,.,.J h--PdFed fifty d llar- ($2 ,950 nn4 per gross acre i-,shall be setes*ed by resolution of the City Council wand shall be applicable to all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030 of this chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefitted, including abutting streets, rights of way and easements, both public and private.
14.33.110 Administration and Appeals.
The Utilities MaRa xe-r- irector shall be charged with the duty of administering the procedures set forth in this chapter and any rules and regulations adopted pursuant to 4-said authority. Any person who is dissatisfied with a decision of the Utilities MaRa xe4:-Director may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after he service of the notice of decision in the manner provided in Section 1.08.080h-r r^c^i;x^d ^^tiP^ ^f the der-ision. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 .
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Chapter 14.34
WATER WELL STANDARDS
Sections:
14.34.010
Intent and Purpose.
14.34.020
Definitions.
14.34.030
Well Standards Advisory Board.
14.34.040
Acts Prohibited —Permit Required.
14.34.050
Permits.
14.34.060
Completion of Work.
14.34.070
Notice —Cancellation or Denial of Permit.
14.34.080
Notice —Public Nuisance.
14.34.090
Immediate Abatement.
14.34.100
Board Hearing.
14.34.110
Abatement Costs a Special Assessment.
14.34.120
14.34.13APenalty.
Standards.
14.34.020 Definitions
Community Water Supply Well.. means a water well used to supply water for domestic purposes. A wate �.qell USP-d- to supply water for d-A-mestie purposes iR systems subject to Chapter 7 Af P;;rt Af D*vkoAn 9 Af +ho Cpflafnrnip uo;l+h And Safety Cede.
14.34.110 Abatement Costs a Special Assessment.
Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Cal. Gov.ernment Code Section 25845.
Such special assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary County taxes. The County shall retain the additional and SS2-336
independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.
14.34.120 Standards.
Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II -,,�I Appendices E, F and Q and future amendments theFete. UnVPl such ime as standards fer cathodic pFeteVen YMPS and electrical gFeUR?Rg "Fells are recommended by the Department of such wePs shaP Conform to the "Tentative Deep Anode Standards," Sheets A 49:7 S 1 @Rd A 497 S 2, revised December 10, 1969, ofthe Se,,+hu Cal -if rka r.,+l,,,le PF teci n � , ;++ Well Standards �vcrcrnTTcaTrrvrrrrcrca crn�crrc-iTvcc c crvrrcvrrrrrrrcc ct . may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and ground water conditions. 1 A 2A 1 30 D.,nalty
ARY Person *Me &ohms the terms Of this chapter OF any permit issued hereunder shall be guilty Of a SS2037
Chapter 14.36
WATER QUALITY
14.36.010 Purpose and Intent.
The United States Congress passed the Clean Water Act (33 U.S.C. Section 1251 et seq., aS aMeRde4d, including Section 402(p) therein, being 33 U.S.C. Section 1342(p)) as a mandate, in part, that municipalities separate storm water runoff and sanitary sewer systems, in areas such as in Orange County, obtain permits to "effectively prohibit non -storm water discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable ...." This permitting authority has been delegated by the United States Environmental Protection Agency ("EPA") to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non -point source discharges to California's waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing storm water runoff for the County of Orange. These permits shall be referred to collectively herein as the National Pollution Discharge Elimination System Permit or "NPDES Permits.". - The City of PjewpeFt Beach is participating as a "Co-permittee" under the NPDES Permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.
14.36.020 Definitions
--__.... _ ., 1... ., .,._ -, _-r .,,-.... . . -, ,.., „ . - _...... -.... „ . the agent, employee n representative of any of+he abeyo "Enforcing Attorney" means the City Attorney or District Attorney acting as counsel to the City of "port Q^a^h and hisiher designee which counsel is authorized to take enforcement action. For purposes of criminal prosecution, the District Attorney, ^F his/her deSigRee, shall act as the Enforcing Attorney.
14.36.060 Enforcement
A 1. Notice of Noncompliance. In addition to any other remedy or means of enforcement authorized by law or this Cc -ode, the Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with this section.
10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten 10 business days of the conclusion of the hearing and shall be delivered by first-class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of r d „f rP.,.l 12FA-ced-We-Cal. Civ. Proc. Code Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days following issuance of the final decision. If the appellant is the prevailing party, the administrative hearing fee paid by Appellant shall be refunded.
SS2-338
Notwithstanding the foregoing, the final decision of the Hearing Officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five (5) business days following the conclusion of the hearing.
B 3 a. At the direction of the City Manager or the Authorized Inspector, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Gevemment Cal. Gov. Code 38773.5.
E. Citations. Pursuant to Cal. Pen.a4 Code Section 836.5, the Authorized Inspector shall have the authority to cause the arrest of any person committing a violation of this chapter. The person shall be released and issued a citation to appear before a magistrate in accordance with Cal. Pen.a4 Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Authorized Inspector shall refer the matter to the Enforcing Attorney.
F. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., or the State Porter -Cologne Act, Cal4efj-,4a. Wat.
Code Section 7, and other laws and also may be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), U.S.C. §§ 1365(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of this chapter.
14.36.070 Permits.
A 1. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit or a National Pollution Discharge Elimination System Permit regulating storm water discharges, the City Manager ^fie may issue a permit authorizing the release of non -storm water discharges to the Storm Water Drainage System if:
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Chapter 15.02
ADMINISTRATIVE CODE
15.02.085 Addition of Section 105.3.1.1—
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes.
If the Building Official finds that the work described in an application fora demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have been paid and that a franchised solid waste enterprise is being used, the building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the MURi ipal ^^^rati^^S DiViS;^n Of Public Works Department no less than twenty-four 24 hours or more than seventy-two 72 hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities. Any hauling or disposal of demolition and construction wastes by other than the identified franchised solid waste enterprise shall subject the project to suspension of work as authorized in this code.
15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
For any one -unit or two -unit dwelling for which a tentative and final tract map is not required, the maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.3.4.
For building permits issued on or after June 1, 2019, the time limit to complete construction shall begin on the date of issuance of the first or original building permit. For building permits issued prior to June 1, 2019, the time limit to complete construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of Section 15.02.095. Time limits set forth herein shall not be extended by issuance of a subsequent building permit(s) for the same project.
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Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than three hundred and sixty-five (365) ealendaF days; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City. b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) ealendar prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule. c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) er days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) calendar days; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City. b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) calendar days prior to the expiration of the building permit. c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City's master fee schedule.
3. Scheduling and Noticing.
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a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for extension, or third application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension shall be granted, conditionally granted, or denied. The applicable hearing body shall be referred to herein as the "review authority." b) For any application for extension to be heard by a Hearing Officer, the City Manager shall appoint a Hearing Officer with the requisite qualifications and experience to consider the application for extension.
The Hearing Officer shall not be a City employee and the employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) ealendardays of the City Clerk's receipt of an application for extension, the City Manager or his/her desigRee shall notify the applicant of the name of the Hearing Officer in the manner provided in ,rc^.rr_Jan,.^ h. Section 1.08.080. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) ealendaF days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.
The City Manager will review any request for disqualification and make a decision as to whether a Hearing Officer shall be disqualified. The City Manager's decision shall be final. If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection.
c) The applicant shall be notified of the time and place set for the hearing of the application, in the manner provided in ,rC^.rP_1aA .e *" Section 1.08.080, at least ten (10) ealendar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) ealepelar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) caleRdar days before the scheduled hearing. The size, location and number of sign(s) shall be posted as determined by the City Manager eF his/heF designee. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
SS2-342
a) A hearing shall be held at the date, time, and place for which notice was given. b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether: (i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents. c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) calenda day extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. If the review authority makes the findings to grant an extension, the review authority shall consider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if it cannot make the findings set forth in this subsection. d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared. f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority.
The review authority shall provide the City Clerk with its final decision within three (3) eFdays of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10)ca,ndardays of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 related to any application for extension until the person has first exhausted all administrative procedures set forth in Section 15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision of federal, state or local law including, but not limited to, construction related laws adopted by the City.
SS2-343
Chapter 15.05
RESIDENTIAL CODE
15.05.070 Amendment to Section R301.1.3.
R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from substantial compliance with conventional framing requirements for wood frame construction found in this code, the Chief Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work.
Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iness & Prof.esswe;S Code Sections 5537 and 6737.1.
R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of a wood frame construction more than two stories in height or having a basement.
Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iness ana& Prof.eSSOG;S Code Sections 5537 and 6737.1.
R301.1.3.3 Structures other than wood frame. The Chief Building Official shall require floor, wall or roof - ceiling structural elements in dwellings designed of cold formed steel, concrete, masonry prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iness ;;nd&-Prof_eSS:m,S Code Section 5537 and 6737.1.
15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as established in Table R301.2, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the City ewpert Beach Municipal Cede Chapter 15.50, Floodplain Management, L OOPP nine MANAGEMENT -and Section R322. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24.
R301.2.4.1 Alternate provisions. As an alternate to the requirements in Section R322 and the niowpert Be@G, Municipal Cede Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein.
15.05.110 Amendment to Section R309.3.
1. Elevated to or above the design flood elevation as determined in accordance with Section R322 and t#e City ,f N,,wpert Beach Municipal C Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at or above grade on not less than one side, are used solely for parking, building access or storage, meet the requirements of Section SS2-344
R322 and the City f Newport Beach Municipal G Chapter 15.50, Floodplain Management, and are otherwise constructed in accordance with this Cc -ode.
15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is amended to include the City f Newp rt Beach Municipal r.,Chapter 15.50, Floodplain Management.
SS2-345
Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electrical Code.
The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2022 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
SS2-346
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code.
The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2022 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
SS2-34 7
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
The various parts of this code shall constitute and be known as the Newport Beach Plumbing Code. A copy of the 2022 California Plumbing Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02.
SS2-348
Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010 Adoption of the International Swimming Pool and Spa Code.
The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Swimming Pool and Spa Code. A copy of the 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health ate& Saf.ety Code Section 18942(e)(1) and made available for public inspection.
SS2-349
Chapter 15.10
EXCAVATION AND GRADING CODE
15.10.030 Exempt Work.
A. No person shall do any grading without first having obtained a grading permit from the Chief Building Official except for the following:
7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than fours feet in height and steeper than two horizontal to one vertical; and (c) is less than fifty (50) cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by these regulations;
8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one site which is not part of a regular maintenance procedure and which:
a. Is placed on natural undisturbed terrain with a slope flatter than five horizontal to one vertical; or
b. Less than threes feet in depth not intended to support structures provided that such fill will not create an adverse slope, erosion, drainage, groundwater or structural condition.
C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a grading permit. Road or parking lot paving work shall be performed under permit, unless waived by theCief Building Official, or when performed as part of maintenance work.
D. Whenever the Chief Building Official determines that (1) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (2) existing drainage conditions have resulted or may result in adverse erosion conditions, he/she may require a drainage permit to be obtained and corrective work accomplished.
15.10.040 Hazard Abatement.
A. Whenever the Chief Building Official determines by inspection, from information made available to him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he/she shall make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Chief Building Official shall, within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so as to eliminate the hazard and be in conformance of the hazards abatement section of the International Property Maintenance Code, as adopted by the City of Newport Beach.
B. The Chief Building Official shall require the permittee or contractor, before excavating any trench five (5) feet or more in depth, to submit a detailed plan to the Chief Building Official showing the design of shoring, bracing, sloping or other provisions (i.e., security fencing, etc.) to be made for workers' protection and public safety from the hazard of caving ground.
SS2-350
15.10.050 Definitions.
11-v_L M.--._ - ALL• _'_III
"Drainage plan" is a plan appended to a proposed building plan, depicting site drainage patterns prior and post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must clearly be shown, when a separate grading permit is not required by the Chief Building Official.
15.10.060 Grading Permit Requirements.
H5. A stop sign conforming to the requirements of Section 21400 of the CaljfArAvA Veh.k4e Code shall be posted at the entrance of the access road to the public roadway; SS2-351
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Building Standards Code.
The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Green Standards Code. A copy of the 2022 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to Cal. Health a+�d Saf.ep, Code Section 18942(e)(1) and made available for public inspection.
SS2-352
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Historical Building Code, 24 CCR Gall fe—rnia Cede f Regulations Title 24, Part 8 and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code. A copy of the 2022 California Historical Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &a444-_Saf.ety Code Section 18942(e)(1) and made available for public inspection.
SS2-353
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of the California Existing Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Existing Building Code, 14 California redo of R u laden,, -pi CAHP Bgg T;tl 24CCR Part 10, Appendix A, Chapters A-1, A-2 and A-3, and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2022 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health aft& Saf.e-ty Code Section 18942(e)(1) and made available for public inspection.
SS2-354
Chapter 15.15
REPORT OF RESIDENTIAL BUILDING RECORDS
Sections:
15.15.010 Authorization and Findings.
15.15.020 Definitions.
15.15.030 Obtaining a Report of Residential Building Recordsed.
15.15.040 Application.
15.15.0504- Inspection.
15.15.06-0 Delivery of Report.
15.15.07065 Refunds/Cancellation Fees.
15.15.066 Ex ,ti„ of Repen.
15.i5..n070 PeT1QTReS
15.15.07-5 SeyeFability.
15.15.010 Authorization and Findings.
The City Council is authorized to require a report of residential building records pursuant to the provisions of the Constitution of the State of California, the "'ewpaFt Bea " City Charter, and SectiO^ 39780 t seq., ^f�Government Code Section 38780, et sege# the State Af Gal;f rn;., While requiring these reports can help reduce and prevent violations of the Code, The Qty Ceunrd' finds *"^}imposing this requirement can disrupt the sale of residential property.- Based thereon, the City Council finds that making a voluntary oroeram available to oeoole ourchasine residential real orooerty is warranted. ^f
15.15.030 Obtaining a Report RequiFedof Residential Building Records.
The owner of any residential building smay obtain from the City a report of the residential building records upon entering into an agreement of sale. Any downer seeking a report shall file an application SS2-355
for such a report on forms provided by net later than three days after eRter;n ;nteaR Rt ^f saiethe City.
15.15.040 Application.
The report of residential building records shall be issued by the City within thirty (30) days after the owner submits a completed application on the form provided by the City and pays the fee established by resolution of the City Council. The owner shall indicate on the application whether the owner wants GeRseRtS iS giVeR f^r an inspection of the residential building. If the owner does not want an GeRseRt OS net given by the E)WRer f inspection of the residential building, the report shall indicate that the eWRer refused *^ e^^s^^* *^ *"^residential building was not inspected by the City 45pee ^^.
15.15.0450 Inspection.
W^.,r ,. Fmtt^r ^AS^A+ ^f the ^~^Pert„ ^..,R^.Ifthe owner requests an inspection of the residential building, tThe City shall cause a physical inspection of the residential building after research of the Csity records is completed. The report of residential building records shall include evidence of building permit or zoning Code violations observed during the inspection, and correction of those violations as determined by any re -inspections of the property.
15.15.06-0 Delivery of Report.
appliGa:ViOR with the City.
The completed report of residential building records shall be delivered by the owner or the owner's 4is representative. . ft
a s the respensibility ef the preperty ewner te iRSUFe that- t-he ether party er parties te the agreemeRt ef sale execute the -AckAAW.A.fledgment ef receipt eR the repeFt ef residential bluildiRg recerds and file it with SS2-356
E. Transfers fr. one ce owner to r
r
;
W. Tr- r,rfers t r.tal .,r,+;tV
building;
try art.,., Af thr, try art
15.15.07065 Refunds/Cancellation Fees.
A. City shall refund the fee accompanying an application for a report of residential building records if a written request for refund is made prior to staff review of City records necessary to prepare the report. An administrative charge of twenty 20 percent 4W4ofthe application fee shall be withheld from any refund granted pursuant to this section. No refunds will be made for a residential building report after the staff review or physical inspection of the property pursuant to Section 20.03.045 of this Code; B. Owner shall pay an inspection or reinspection cancellation fee in the amount established by resolution of the City Council. This fee shall be charged when an inspection or reinspection appointment is made with the owner and the owner fails to appear at the time of the inspection or cancels the appointment. (Ord. 2002-20 § 7 (part), 2002: Ord. 96-35 § 1 (part), 1996) 3-5.3-5.0-66% Expi rage, of Reper+
Repert ef Residential Building Recerds shall expire ene year frem thk- date Af its issuaRce and may net be time of expir-at;.,r, shall he f.,llr,,.,orl
9 C 9 C 07A PPR;.liip.q
until resolved by - iate means.
penaIt es speGifled OR SeCtiOR
04 0 n .,f thir r.,.J.,
E)WReF to , ply with thy, V.r
1-545.075% Sevenbwlity
.,f then Chapter,
held te- be invalid
this is fer
i
i elause er phrase ef chapter aRY reasen,
this The City Ceuncil declares
that it have the n—rd-inanee this
chapter,
would passed ce-dified- lin chapter and
subseefie—ns, sentences, clauses,
and phFases be declared invalid Ar
SS2-357
Chapter 15.16
SIGN CODE
Sections:
15.16.010
Definitions.
15.16.020
Purpose and Scope.
15.16.030
Enforcement.
15.16.050
Interpretation and Exceptions.
15.16.060
Exception Permits Procedure.
15.16.070
Compliance Required.
15.16.100
Exceptions for Maintenance and Repair.
15.16.110
Permits.
15.16.120
Application for Sign Permit.
15.16.130
Exemptions.
15.16.140
Prohibitions.
15.16.150
Fees.
15.16.160
Proper Maintenance Required.
15.16.170
Inspections.
15.16.180
Design Standards.
15.16.190
Support Construction Requirements.
15.16.200
Materials.
15.16.210
Anchorage.
15.16.220
Table 8-5A—Limitation of Plastics in Signs.
15.16.230
Table 8-513—Size, Thickness and Type of Glass Panels.
15.16.240
Ground and Pole Signs Design.
15.16.250
Combination Signs.
15.16.260
Display Surface Area and Height.
15.16.270
Roof Signs.
15.16.280
Wall Signs.
15.16.290
Projecting Signs.
SS2-358
15.16.300
Signs on Marquees.
15.16.310
Electrical Sign Materials.
15.16.320
Illuminated Signs.
15.16.330
Electrical Installations.
15.16.340
Temporary Signs.
15.16.350
Cloth Signs.
15.16.360
15.1b.-a70
Nonconforming Signs.
Separate Penalty PFoyisiens
15.16.010 Definitions
Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on the following map. See Exhibit A*. The geographical boundaries of a homeowners' association, as defined in Section 10.28.040(E), shall be excluded from the definition of a "designated high -density area" if the City Council adopts a resolution pursuant to Section 10.28.040(Ei=).
15.16.110 Permits.
B. Issuance. In accordance with the provisions of and subject to the exceptions in Seetien 3800 of the 6ak C-e9_'^ of the Smate of CRl;fArn;^Cal. Lab. Code Section 3800 as the same now reads or may hereafter be amended, each applicant must show that he possesses the contractor's license required by the State of California.
15.16.120 Application for Sign Permit.
Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The Building Official may require the filing of plans or other pertinent information where in his opinion such information is necessary to ensure compliance with this chapter.
No permit shall be issued for any sign and no person shall cause or permit a sign to be constructed, installed or erected which does not comply with all the provisions of this chapter or which has less horizontal or vertical clearance from energized electric power lines than prescribed by the C-.life.-n6-. Pen-' QgdP-Cal Pen. Code Section 385, the regulations of the California Public Utilities Commission, and the orders of the Division of Industrial Safety, State of California. 1 [ 1 G 27A SepaFate Penalty Preyisiene
ARY persen vielating aRy of the previsiens ef this chapter shall be deemed guilty ef a separate offense fer SS2-359
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Energy Code, C-alaf^r^ma Cede ^f Reg lati 24 CRR Title 24 Part 6 and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copy of the 2022 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &a-r4 Safety Code Section 18942(e)(1) and made available for public inspection.
SS2-360
Chapter 15.18
SOLAR SYSTEMS
15.18.060 Duties of the Building Safety Division and Chief Building Official.
F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal GevernmentGov. Code Sections 65850.55, 66015, and 66016 and She Cal. Health &ate Safety Code Section 17951, 9F aRy SUGGeSSeF Stat6lteS.
15.18.070 Permit Review and Inspection Requirements.
E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of s bparagFaphs (A) and (Q` Of PaFagFaph (, ` Of SUbd,..,S;^^ (d) ^f Cal. Civ. Code Section 714(d) (1) A B of the G-al.G'y" Gode e-F defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
F. The City shall not condition approval of an application on the approval of an association, as defined in Seat^. nnQn ^f+h^ Cal. Civ_4 Code Section 4080, eF any _--_--_.statute.
SS2-361
Chapter 15.20
HOUSE MOVING
15.20.080 House Mover's Permit Required.
No person shall move any building or structure or any portion thereof over, upon, along or across any street until the Superintendent Af S*r^^*Public Works Director has first issued a permit therefor. Such permit shall be called a "house mover's permit" A house mover's permit shall not be required for "relocatable buildings" subject to the provisions of Chapter 15.21 of this Code.
SS2-362
Chapter 15.37
APPROVAL IN CONCEPT PERMIT
15.37.010 Intent.
'A APPIPPJo comply with the California Coastal Act^C^�Iicim^c ^f n;,,;s;A-n , Q of the Calif,,, nia o„hi;,.
ReseuFees—Cede, entitled "Ca' Ze^^ CenseFvat* en Commission ' and the South Coast Regional Commission's operating regulations, it is necessary for the City of ni,,,.,peFt Be K4:, City to approve in concept all projects in the coastal zone permit area prior to any action by the South Coast Regional Commission.
SS2-363
Chapter 15.38
FAIR SHARE TRAFFIC CONTRIBUTION ORDINANCE
Sections:
15.38.010
Intent.
15.38.020
Purpose.
15.38.030
Specific Findings.
15.38.040
Terms and Definitions.
15.38.045
Applicability.
15.38.050
Establishment of Fair Share Traffic Contribution.
15.38.060
Payment of Contribution.
15.38.070
Use of funds.
15.38.075
Nontransferable.
15.38.080
In Lieu Contributions.
15.38.085
Fee Adjustments.
15.38.090
Exemptions.
15.38.100
Retroactivity.
15.38.110
Waiver for Affordable Housing.
15.38.120
15.38.13A
Supplementary Provisions.
c,,.,,.Fabiii+.,
15.38.050 Establishment of Fair Share Traffic Contribution.
D. In the event no substantive changes to any of the provisions of this chapter or the fair share implementation resolution occur during the time between the mandatory City Council reviews as set forth herein, the dollar amount set forth in the fair share implementation resolution exhibits, shall be increased automatically, based upon any interim increase in the Ceonsumer Price Index (the Los /�T�g�,'�^s— ^„ ^ll Urban C^.P-surneFs Index). This automatic increase shall be calculated and become effective on July 1 of any year that the City Council does not otherwise review the contents or provisions of this chapter and the fair share implementation resolution.
15.38.110 Waiver for Affordable Housing.
Contributions, otherwise required pursuant to this chapter, shall be waived for all affordable residential housing as that term is defined in the housing element, and for any "granny" units or "second units" as defined in Section 65852.1 of the Cal. Gov.erRrnent Code.
SS2-364
SS2-365
Chapter 15.40
TRAFFIC PHASING ORDINANCE
Sections:
15.40.010 Findings.
15.40.020 Objectives.
15.40.030 Standards for Approval —Findings —Exemptions.
15.40.035 Expiration.
15.40.040 Definitions.
15.40.050 Procedures.
15.40.060 Hearings —Notice.
15.40.070 Appeal —Review.
15.40.075 Proportionality.
15%.40.090 Se ability
15.40.040 Definitions.
"Traffic Manager" means the person designated by the City Manager as the City Traffic Engineer pursuant to Section 2.32.010, ^r his ^r her desig^^^
"Peak hour period" means the four consecutive fifteen (15) minute periods between sevenr7:00 a.m. and nine 9:00 a.m. (morning) and the four consecutive fifteen (15) minute periods between feu-r-4:30 p.m. and s+x-6:30 p.m. (evening) with the highest traffic volumes (for each primary intersection) as determined by the field counts required by Appendix A.
"Project" means "project" as defined in the California Environmental Quality Act (Cal. Pub.4e Resources Code § 21000 et seq.), the CEQA Guidelines (14 CCR Section 15000 et seg.), and relevant decisional law without regard to whether any environmental document is required for the project. The term "project" shall also mean any application for a building or grading permit for development that would generate more than three hundred (300) average daily trips.
chapter that have net been declared shall he considered valid and f, -11 ferre and effect.
SS2-366
APPENDIX A ADMINISTRATIVE PROCEDURES FOR IMPLEMENTING THE TRAFFIC PHASING ORDINANCE (3) (i) (iii). The Traffic Manager and Planning
DiFe ^Community Development Director shall maintain a
list of Committed Projects and, at least annually, update the list to reflect new Approvals pursuant to the TPO as well as completion of all or a portion of each Committed Project. A Committed Project shall not be removed from the Committed Project list until a final certificate of occupancy has been issued for all phases and the field counts required by
sSubsection 3(d)(i) have been taken subsequent to issuance of the certificate of occupancy.
Appen APPENDIX B
PRIMARY INTERSECTIONS
Balboa and 21St
Jamboree and Bayview
Bayview and Bristol
Jamboree and Birch
Birch and Bristol North
Jamboree and Bison
Birch and Bristol
Jamboree and Bristol North
Campus and Bristol
Jamboree and Bristol
Campus and Bristol North
Jamboree and Campus
Campus and Von Karman
Jamboree and Ford/Eastbluff
Coast Highway and Avocado
Jamboree and MacArthur
Coast Highway and Bayside
Jamboree and San Joaquin Hills
Coast Highway and Dover/Bayshore
Jamboree and Santa Barbara
Coast Highway and Goldenrod
Jamboree and University/Eastbluff
Coast Highway and Jamboree
MacArthur and Birch
Coast Highway and MacArthur
MacArthur and Bison
Coast Highway and Marguerite
MacArthur and Campus
Coast Highway and Newport Center
MacArthur and Ford/Bonita Canyon
Coast Hwy and Newport Coast
MacArthur and San Joaquin Hills
Coast Highway and Newport Ramp
MacArthur and San Miguel
Coast Highway and Orange
MacArthur and Von Karman
Coast Highway and Poppy
Marguerite and San Joaquin Hills
Coast Highway and Riverside
Newport and Balboa
Coast Highway and Tustin
Newport and Hospital
Coast Highway and Superior
Newport and Via Lido
Dover and 16th
Newport and 32nd
Dover and westcliff
Newport Coast and Ridge Park
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Irvine and Dover/19th
Irvine and Highland/20th
Irvine and Mesa
Irvine and Santiago/22nd
Irvine and University
Irvine and Westcliff/17th
Newport Coast and San Joaauin Hills
Placentia and Superior
San Miguel and San Joaquin Hills
Santa Cruz and San Joaquin Hills
Santa Rosa and San Joaquin Hills
Superior and Hospital
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Chapter 15.42
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
15.42.040 Notice of Hearing.
B. Notice shall be given at least ten (10) c-4epelar days before the hearing by the following:
2. Notices posted throughout the proposed area of benefit with at least three (3) notices posted at arterial highway intersections within the proposed area of benefit.
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Chapter 15.45
DEVELOPMENT AGREEMENTS
15.45.010 Purpose.
Assurance that an applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. The ordinance codified in this chapter is adopted in part pursuant to the provisions of Section 65864 et seq. of r f Star. f r 1Mf
the Cal. Gov.�� Code, t�x���A�t���a.
15.45.050 Public Hearing —Notice.
A public hearing on an application for a development agreement shall first be held by the Planning Commission and then by the City Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in Sections 65090 and 65091 of the ra16{^r^" r^;o^rnmentCal. Gov.
Code in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement.
15.45.070 Amendment/Cancellation.
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided inby Section 65867 of the GeveF^m^^+ r^�'^Cal.
Gov. Code. An amendment to a development agreement shall be subject to the provisions of Section 65867.5. In the event that State or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such Sstate or federal laws or regulations.
15.45.090 Local Coastal Programs.
A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (commencing with Section 30000) of the Cal Pub.4e Resources Code, unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action.
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Chapter 15.50
FLOODPLAIN MANAGEMENT*
Sections:
15.50.010 Statutory Authorization.
15.50.020 Findings of Fact.
15.50.030 Statement of Purpose.
15.50.040 Methods of Reducing Flood Losses.
15.50.050 Definitions.
15.50.060 Lands to Which This Chapter Applies.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
15.50.080 Compliance.
15.50.090 Abrogation and Greater Restrictions.
15.50.100 Interpretation.
15.50.110 Warning and Disclaimer of Liability.
15.50.129 c,,.,,,.-abili+.,
15.50.130 Designation of the Floodplain Administrator.
15.50.135 Permit Review.
15.50.140 Review, Use of Other Base Flood Data.
15.50.145 Development of Substantial Improvement and Substantial Damage Procedures.
15.50.150 Documentation of Floodplain Development.
15.50.160 Notification of Other Agencies.
15.50.170 Map Determinations.
15.50.180 Appeals and Variance Procedure.
15.50.190 Conditions for Variances.
15.50.200 Standards of Construction.
15.50.205 Recreational Vehicles.
15.50.210 Standards for Utilities.
15.50.220 Standards for Development and Subdivisions.
15.50.230 Coastal High Hazard Areas.
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15.50.240 Mudslide Prone Areas.
15.50.250 Flood -Related Erosion -Prone Areas.
* Prior ordinance history: Ords. 1779, 88-8 and 91-38.
15.50.010 Statutory Authorization.
The Legislature of the State of California has in Cal. Gov.ernment Code Sections 65302, 65560 and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of "'ewpeFt Bea does ordain as set out in this chapter.
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Chapter 15.60
CONSTRUCTION SITE FENCING AND SCREENING
15.60.030 Temporary Project Information Sign.
When a property in a designated high -density area, as defined in Section 15.16.010, is required to be fenced in accordance with Section 15.60.020, a temporary project information sign shall be affixed to the fence that can be readily viewed by the public. The temporary project information sign shall be subject to prior approval by the Community Development Director, eF his ^r her designee The temporary project information sign shall be two feet in height by three feet in length with the following information printed legibly in seventy-two (72) point font:
The temporary project information sign shall be labeled with the words "PROJECT INFORMATION" at the center top and contain the most current contact information for the City's Code Enforcement, Parking Enforcement, and Building Inspection divisions located at the bottom and such other information as the Community Development Director, or his of heF deSig^^^, may specify and require.
The temporary project information sign shall be in substantial conformance to the following; however, the Community Development Director, ^r his ^r her desigRee, may require inclusion of additional information:
15.65.010 Intent and Purpose.
The Planning Commission of the County of Orange and the Orange County Development Agency have cooperated in the selection of a project area pursuant to California Cal Health & a44-Saf_et-y Code Sections 33322 and 33323. The project area selected by the Planning Commission and the Agency includes territory within the territorial limits of the City ^f "'ewpeic* Beac4CLity. Such territory is contiguous to the unincorporated territory of the County of Orange which is also included within such project area. The subject project area and the territory within the City ^f "'ewpert BeachCi�t r are designated on the map attached as Exhibit A to the ordinance codified in this chapter.
Calmfernaa Cal. Health &ate Safety Code Section 33213 provides that by ordinance, the legislative body of a community may authorize the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community.
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Chapter 15.65
SANTA ANA HEIGHTS REDEVELOPMENT
15.65.020 Authorization.
Pursuant to C,' a Cal. Health ate& Safety Code Section 33213, the City Council of the City f Newp r� City hereby authorizes redevelopment by the Countyef 9Fange of that portion of the project area which is within the territorial limits of the City as shown on Exhibit A attached to the ordinance codified in this chapter. The County of QFange is hereby designated to undertake such redevelopment. Pursuant to CalofArnia Cal. Health ate& Safety Code Section 33213, any redevelopment plan prepared by the Orange County Department Agency for that portion of the project area within the territorial limits of the City of Newport Beach shall be subject to the approval of the City Council of the City by ordinance prior to the implementation of any of the provisions of such redevelopment plan with respect to such area.
15.65.030 Approval of Redevelopment Plan.
E. The redevelopment plan contains a provision that California Cal. Health &a*4 Saf_ety Code Section 33214 shall not serve to limit the provisions set forth in parts (A), (B), (C) and (D) above.
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Chapter 15.80
BUILDING AND FIRE BOARD OF APPEALS
15.80.010 Building and Fire Board of Appeals.
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the Bbuilding Ccode (Chapter 15.02 through Chapter 15.14) and Ffire Cc -ode (Title 9), as adopted by the City, and any other matter specified in the "'ewpeFt Beach Municipal Code, there shall be and is hereby created a Building and Fire Board of Appeals consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, building service equipment, fire protection and fire protection equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Building and Fire Board of Appeals shall be appointed by the City Council and shall not include any employees of the City of Newport Beach. The Board shall adopt rules of procedure for conducting its business and it may recommend to the City Council such new legislation as is consistent therewith.
15.80.060 Procedures.
G. Final. The decision of the Building and Fire Board of Appeals shall be final as to the City but subject to iudicial review pursuant to Cal. Code Civ. Proc. Section 1094.5with ne appeal rights t the City r-,,,,neil SS2-375
Chapter 17.01
DEFINITIONS
17.01.030 Definition of Terms.
B
79. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining wall that separates dry land areas and water areas.
8-9. Bulkhead Line. The term "bulkhead line" shall mean the harbor land/water perimeter lines established in Newport Harbor by the federal government which define the permitted limit of filling or solid structures that may be constructed in Newport Harbor. The establishment of bulkhead lines does not necessarily allow the property owner to build to the limits of the bulkhead line due to potential environmental considerations established by the State of California and/or the federal government. 94:9. Business or Business Activity. The terms "business" and "business activity" shall mean all activities, whether the activity is nonprofit or for profit, engaged in for gain, benefit, advantage or livelihood to any person, directly or indirectly, including, but not limited to, any profession, trade, occupation, employment or calling engaged in trade, commerce, the exchange of goods, services, or property of any kind, transportation of persons as well as goods, communication, renting or leasing real or personal property or that provides any service.
619. City Tide and Submerged Land. The term "City tide and submerged land" shall mean that area within Newport Harbor granted to the City by the State of California. 740. Coastal Access. The term "coastal access" shall mean the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails. 8-14. Coastal Commission. The term "Coastal Commission" shall mean the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act including review of coastal permits on appeal from local agencies. 94-2. Coastal -Dependent Development or Use. The terms "coastal -dependent development" or "coastal - dependent use" shall mean any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from Cal.ifernia Pub.4e Resources Code, Section 30101).
13. Cede.. The teirm "Cede" sh-,II mean the Newport Rr,-,rh nni inicipal redo 104. Commercial. The term "commercial" shall mean any business activity whether the business activity is nonprofit or for profit. Commercial activities shall include, but are not limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity.
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11-5. Commercial Fishing Vessel. The term "commercial fishing vessel" shall mean a vessel registered by the Department of Fish and Wildlife pursuant to S^eti^^ 7880 et ^ ^sueeesse, evisn of the Cal.
Fish &a+W Gam.e Code Section 7880 et seq.; tx1�tertz�a"aura, when operating under the authority of a fish and game permit or license.
C FR U Rit y I)ey ,i r,r. eR* n„ + r of+he City eF his eF her desigR 12-7. Current. The term "current" as applied to the flow of water shall mean a flow of water in a particular direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy.
F „
34. Finger. The term "finger" shall mean a portion of a floating dock section that is perpendicular or at an angle to the walkways and is used for tying up and boarding vessels.
5. Pare G-h4ef. The te.r.m. "Nre Ghaef" shall me -AR the Fire Chief ef the City er has er heF Fespeetive designee.
46. Freeboard.
5-7. Functional Capacity. In terms of wetlands and estuaries, the term "functional capacity" shall mean the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity.
H„
-3. WaF_hA_F DePaFtMeRt. The te.r.m. "HaFber DepaFt.m.e.At" shall Mean the Harbor DepaFtFAeRt Of the City.
24. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead, and project lines as defined within Newport Harbor by the f-Federal, State, County and City. The harbor lines in Lower Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of Congress.
3-5. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor maintenance uses, equipment and facilities" shall mean all uses and their related equipment, vessels, docking, and land storage facilities and access which provide: dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads, and other in- and over -water structures; mooring maintenance and repair; and/or waterborne debris and pollution control, collection, and removal. This category also includes environmental, survey, or scientific vessels and related equipment based, or on assignment, in Newport Harbor.
47. Harbor Structures. The term "harbor structures" refers to any pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or any other structure excluding moorings or watercraft in, upon or over the SS2-377
waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City.
59. Headwalk. The term "headwalk" shall mean that portion of a dock that serves as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are generally parallel to the bulkhead.
6-9. Houseboat. The term "houseboat" shall mean any vessel or harbor structure, floating or non_floating, which is designed or fitted out as a place of habitation and is not principally used for transportation. 740. Human -Powered Vessel. The term "human -powered vessel" shall mean a vessel that is being propelled by the human body through the use of oars, paddles, or the like and without the use of wind, a motor, or other machinery.
I. Definitions: L.
1. Launching Facility. The term "launching facility" shall mean a generic term referring to any location, structure (ramps, docks), and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into and retrieved from the harbor waters.
2. Licensee(s). The term "licensee(s)" shall mean the person(s) who holds a validly issued short-term mooring license pursuant to Section 17.60.045.
23. Live -Aboard. The term "live -aboard" shall mean the use or occupancy of a vessel for human habitation (a) while at its mooring for a period exceeding seventy-two (72) hours in any thirty (30) day consecutive period; or (b) at its dock or berth in a commercial marina for a period exceeding one hundred eighty (180) days or more, in any three hundred sixty-five (365) day period. 4-3. Live Bait and/or Sea Life Receiver. The term "live bait" or "sea life receiver" shall mean an object for confining live bait or sea life such as those receivers fostering growth of sea life under the water, which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter
17.50. 45. Live Load. The term "live load" refers to the weight of all temporary loads such as pedestrians and berthing loads.
6-5. Local Coastal Program (LCP). The term "Local Coastal Program" or "LCP" shall mean Title 21 and the City of Newport Beach Coastal Land Use Plan adopted by the City and certified by the Coastal Commission in order to implement the provisions and policies of the Coastal Act at the local level. 74&. Longshore. The term "longshore" shall mean parallel to and near the shoreline.
82. Lower Newport Bay. The term "Lower Newport Bay" shall mean the area of Newport Bay south of the centerline of Coast Highway.
J 3. Marina. The term "marina" shall mean a commercial berthing facility (other than moorings, anchorage or noncommercial pier) in which five for more vessels are wet -stored (in water) and/or dry - stored (on land/racks) for more than thirty (30) ealendardays.
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M. Definitions: P.
I. Pacific Ge-eam. The te.r.m. "Paeofie Q eea.n" shall Mean the v0at&FIS eff E)f the Cot y frAm. the -hp-ach tea peon t thrpp r +; I WlUrd
21. Passenger. The term "passenger" shall mean every person other than the operator and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.
32. Permittee(s). The term "permittee(s)" shall be the person or entity who holds a validly issued permit under any provision of this title. Permittee(s) shall also include licensee(s), except in cases where such definition would conflict with another provision of this title.
4. PeFsen. The teFnq "pe.rsen" Shall Mean ;an individual, pFeprieteFship, fiFm, partnership, jeint ventuFe7 entity.
3-5. Pier. The term "pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip, gangway or float, or any other landing facility or floating dry dock.
46. Pierhead Line. The term "pierhead line" shall mean the harbor water area perimeter lines established in Newport Harbor by the federal government or the City, in cooperation with private associations, that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the harbor. The pierhead line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by the Harbor Commission. designee.7. Policue G-hoef. The te.r.m. "PA-locze G-hief" -;hall Mea.p the Chief A-f PA -lice A-f the City or his or her respee:vive
58. Project Line. The term "project line" shall mean the harbor water area channel lines of the improvements constructed by the Federal Government in 1935 through 1936. 6�. Property Owner. The term "property owner," for purposes of Chapter 17.50, shall mean the owner of the abutting upland property who has obtained a permit to place a structure in Newport Harbor. 740. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the common law public trust for commerce, navigation, fisheries, recreation, and other public purposes and includes all tidelands, submerged lands, the beds of navigable lakes and rivers, and historical tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.
City r his r her d si n ,
N Definitions: R.
5. R.SIK.M.anager, The term "Risk NllanageF" shall mean the Rk_414 5.AaRageF ef the City eF his eF her designee.
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Chapter 17.05
GENERAL PROVISIONS
17.05.140 Public Hearings.
B. 2. a. Mailing. Notice shall be mailed or delivered at least ten (10) er days before the scheduled hearing to all the following:
b. Posting of a Sign and Notice. Notice shall be posted at a conspicuous place, easily readable by the public and placed as close as possible to the site of the proposed development at least ten (10) ealenda days before the scheduled public hearing in the following manner:
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Chapter 17.10
MARINE ACTIVITIES PERMIT
17.10.060 Power to Impose Conditions —Hold Harmless.
B. 13 All required which types and amounts shall be determined by the Risk -Manager Ra+RiRg the City ^f PjewpeFt Bear" aS an-addli''^^a' i._,,.red_ and a business license shall be maintained in full force and effect for the full term of the permit;
17.10.070 Insurance.
Persons engaging in any commercial activity including, but not limited to, charters, rentals, commercial services or any other types of operations on the waters of Newport Harbor shall at all times maintain and nsuFedmaintain insurance, which types and amounts shall be determined by the with such peliey limits Rd oveFage as established by the C,+., Risk Manager. The Risk Manager shall issue a written notice of determination of the policy limits and coverage, which shall be served in the manner provided in with Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels covered.
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Chapter 17.20
VESSEL LAUNCHING AND OPERATION
17.20.040 Abandoned or Unattended Vessels and Property.
All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to the Harbormaster. Any such vessel or property shall be dealt with as provided in the appropriate provisions of Chapters 1.20 and 17.70, OF Seetien ran t seq. of the Galifernia Cal. Harb.efs &ate Nav4a#e-R Code Section 510 et seq., as the same now read or may hereafter be amended. For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be stray, unattended and abandoned if the vessel is unoccupied by a person during:
17.20.060 Vessel Races.
E3. Otherwise comply with this Code, �,"�ia-Cal. Harb_er-s &ae4 Nav_jga:�E)R Code, and the Federal Inland Navigation Rules; and
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Chapter 17.25
BERTHING, MOORING, AND STORAGE
17.25.020 Anchorage, Berthing and Mooring Regulations.
1. b. Anchor a vessel in any of Newport Harbor's designated public anchorage areas or at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy-two (72) hours within any thirty (30) calendar day period. The Harbormaster may authorize, in writing, an extension to the seventy-two (72) hour time limit if the Harbormaster determines that given the particular circumstances an extension of time is reasonable and warranted.
H 2 a. Commence repairs within thirty (30) ealendaF days upon service of the written notice of such determination and complete repairs within ninety (90)calendar days of the commencement unless the Harbormaster, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs; or
b. Remove the vessel within thirty (30) ealendaF days of service of the written notice of such determination and request assignment of a different vessel that is safe, seaworthy and operable to the mooring within sixty (60) ealend@F days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his or her request to test operability and seaworthiness as needed.
H 4. If, based upon the appearance of the vessel, inspection by the City or Harbormaster or other facts, the Harbormaster determines that a sea lion has boarded a moored vessel, the Harbormaster shall issue and serve a notice of violation in accordance with Section 1.05.030 and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within seven aLGr--days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven LZL-rr days of the notice of violation, the Harbormaster may issue an administrative citation or take any other enforcement action authorized by this Code. In the event the Harbormaster issues an administrative citation, the permittee shall:
"Appropriate deterrent measures" shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. If the City is unable to reach the permittee within the seven fnG4en4a-r days, the Harbormaster may install temporary deterrent measures as needed and recover the City's cost of compliance.
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Chapter 17.30
HARBOR USE REGULATIONS
17.30.020 Loading or Unloading Hazardous Materials.
No person shall load or unload any hazardous materials to or from any vessel from or upon any pier or other vessel in Newport Harbor without first obtaining a permit from the Fire Marshal pursuant to Section 105.6 of the California Fire Code and Chapter 9.04 of Title 9 of this Code. An application for a permit to load or unload any hazardous materials shall be filed with the Harbormaster in accordance with Section
17.60.015. The Fire Marshal ^r his ^r her designee shall issue the permit if he or she finds that the hazardous materials and the associated maintenance, handling and/or storage activities conform to the California Fire Code and this Code. The Fire Marshal ^r "iS ^r "^r designee may impose any conditions on the issuance of the permit necessary to protect the health, safety and welfare of the public. The decision of the Fire Marshal may be appealed in accordance with Chapter 15.80.
17.30.030 Live Bait and Sea Life.
B. Nonconforming Bait and/or Sea Life Receivers. Storage of live bait or sea life other than in a receiver conforming to the requirements hereof is prohibited. After three fae days' written notice, served in accordance with Section 1.05.030, to the owner of a nonconforming receiver, it may be removed by the Harbormaster and stored at the expense of the owner.
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Chapter 17.40
LIVE-ABOARDS
17.40.060 Term/Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications for the renewal of any permit shall be submitted at least sixty (60) ealendaF days before expiration of the permit, on forms supplied by the City, shall include the fee established by resolution of the City Council and shall specify any changes to the information provided on the original application for a permit.
17.40.070 Conditions/Regulations.
A 3. By obtaining a live -aboard permit, the permittee specifically authorizes the Harbormaster er has-eF "^ to board the subject vessel at any time to inspect the marine sanitation device and holding tank and install a dye tablet to determine whether there is any discharge from the same.
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Chapter 17.45
SANITATION
17.45.030 Waste and Refuse.
A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or allow any other person on a vessel under his or her control or command to discharge any treated or untreated human or animal excreta from any marine sanitation device on a vessel into the waters of Newport Harbor or the Pacific Ocean. In accordance with Cal. Harb.ef &ate Nay.s Code Section 782 any vessel in the waters of Newport Harbor or on the waters of the Pacific Ocean within the jurisdiction of the City, with a marine sanitation device, is subject, at any time, to boarding by the Harbormaster to inspect the operation and condition of the same and shall be subject to the use of a dye tablet to determine whether or not the marine sanitation system is discharging overboard. Violations are subject to all available remedies, including immediate removal from Newport Harbor.
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Chapter 17.50
HARBOR DEVELOPMENT PERMITS
17.50.040 Rendering of Decision.
A. Approval.
1. Approval by City Staff.
a. Except as provided in subsection (A)(2) of this section, the review authority shall approve and issue an approval in concept and/or harbor development permit if a public hearing is not expressly required, and the application conforms to the provisions of this title, the design criteria and all applicable standards and policies otherwise applicable to the property.
b. Before issuing an approval in concept or harbor development permit for:
i. Any development on oceanfront beaches;
ii. Development of a nonstandard structure; or
iii. Development of a structure for a use that is not in keeping with the surrounding area;
the review authority shall notify all real property owners within three hundred (300) feet of the proposed development, as shown on the last equalized assessment rolls, of the pending application. Notice will be sent at least ten (10) ealendar prior to a decision.
B. Notice of Decision. Notice of the decision shall be posted on the City website within one day of the date of the decision. The review authority shall provide notice of the decision to the applicant and publish notice of the decision on the City's website for fourteen (14) calendar days. If no appeal or call for review of the decision is filed within the fourteen (14) edays, the decision is final. No permit shall be issued until the appeal period or call for review, in accordance with Chapter 15.80 or 17.65, expires.
17.50.100 Securing of Structures.
If, based upon an inspection by the City or other facts, the Harbormaster determines that a sea lion has boarded a permitted structure and/or any vessel or other appurtenances attached to the structure, the Harbormaster shall issue a notice of violation and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the structure and/or any vessel or other appurtenances attached to the structure within seven J7 days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven c-days of the notice of violation, the Harbormaster may take enforcement action in accordance with this Code and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures. Appropriate deterrent measures shall be defined as the latest methodology permitted by the National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and/or any vessel or other appurtenances attached to the structure.
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Chapter 17.55
DREDGING PERMITS
17.55.040 Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with S etie , 20222 f the Cu 1. fe ^;a Cal. Pub.4e Resources Code Section 30233 (Coastal Act) and the certified Local Coastal Program.
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Chapter 17.60
HARBOR PERMITS AND LEASES
17.60.040 Mooring Permits.
B 2 j. Agree to move the vessel from the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster because the vessel has drifted from its assigned mooring location or to address safety or navigational concerns, and also to authorize the City GF its de5ig^^^ to move the vessel upon the mooring permittee's failure to do so, at the permittee's expense; B 3 a. A natural person(s) including, but not limited to, an immediate family member, which shall mean the mooring permittee's spouse and heirs at law to the second degree of consanguinity; d-. IrAppediffiate faFROIV,, wh*r--.h shall rpean the MA-A-FiRg permittee's spouse and heirs _;# Iay.f tA thiz i
de. A marine contractor, or marine support service provider, holding a mooring permit used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance or dredging);
ef. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; or similar marine educational entities; or
fg. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively "yacht clubs") and the Lido Isle Community Association —only for those moorings assigned by the City within certain established mooring areas or locations, priorto January 13, 2011. These designated mooring areas may not be expanded. The boundaries of all mooring areas in Newport Harbor are graphically depicted by National Oceanographic and Atmospheric Administration (NOAA) Chart Number 18754. Yacht clubs shall be entitled to a maximum number of moorings identified in NOAA Chart Number 18754 that are located within the yacht club's established mooring fields and at a minimum the current number of moorings assigned to them as of January 13, 2011. g-k. Agree to allow the Harbormaster, ^r his desig^^^, to board the permittee's vessel at anytime to inspect the condition and operability of the marine sanitation device(s) and/or insert dye tablets to determine whether said devices are discharging overboard in accordance with applicable laws; and
H 2. The mooring sub-permittee agrees to be responsible for any damage to mooring equipment; to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental; to provide proof of insurance as may be determined by the City's Risk Manager; to provide registration or other proof of ownership; to provide an equipment damage deposit, all to the satisfaction of the Harbormaster; and authorize the City, ^F its designee-, to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster;
SS2-389
17.60.060 Public Trust Lands.
A 3. The City Manager, 9F his eF heF designee, is authorized to enter into leases or permits authorized by this section on behalf of the City in a form approved by the City Council pursuant to Resolution 2012-91 for large commercial marinas and Resolution 2012-97 for commercial use of tidelands (as the same may be subsequently amended from time to time by the City Council) or in such form as is substantially similar thereto; provided, however that the City Manager may instead refer the matter to the City Council for consideration and approval. Furthermore, the City Manager ^.r his ^.r "^F designee, is authorized to implement such leases or permits on behalf of the City and to issue interpretations, waive provisions, and enter into amendments thereof.
SS2-390
Chapter 17.65
APPEALS OR CALLS FOR REVIEW
17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) ealendar of the decision.
SS2-391
Chapter 17.70
ENFORCEMENT
17.70.010 Declaration of Nuisance —Abatement.
Any building, structure, or vessel set up, erected, constructed, altered, enlarged, converted, moved or maintained in or over the waters of Newport Harbor or the Pacific Ocean contrary to the provisions of this Code, and any use of any land, water, building or premises established, conducted, operated or maintained contrary to the provisions of this Code, shall be and the same is declared to be unlawful and a public nuisance; and the City Attorney may commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or vessel and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Code. Pursuant to Cal. Gov_eFRFReRt Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the person(s) creating, causing, committing, or maintaining the public nuisance.
17.70.015 Suspension of Marine Activities Permit.
B 1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities permit holder has submitted an application that contains false information or committed a violation of a permit condition, this Code, State or federal law related to a marine activities permit. Such investigation may include, but is not limited to, on -site or vessel inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension of the marine activities permit, the Harbormaster shall issue written notice of intention to suspend the permit. The written notice shall be served on the owner in accordance with Section 1.05.030, directing the permittee to appear at the date, time and place for a hearing on the suspension of the marine activities permit. The notice shall specify the facts which, in the opinion of the Harbormaster, constitute substantial evidence to establish grounds for imposition of the suspension, and specify the proposed time the marine activities shall be suspended. At least fourteen (14) cr days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing.
2. The hearing shall be conducted according to the rules normally applicable to administrative hearings.
At the hearing, a hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend the marine activities permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension is consistent with the provisions of this section. If the City Manager determines there are grounds for suspension of a marine activities permit, he/she shall provide written notice of the suspension to the permittee shown on such permit, stating the grounds for the action, the length of suspension, and the effective date of the decision. The notice of decision shall be served in accordance with Section
1.05.030 within thirty (30) ralendar days of the City Manager receiving recommendations from the hearing officer. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
SS2-392
17.70.020 Grounds for Revocation of Permit.
B 1 a. At least fourteen (14) ealendar days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing, and specifying the facts which constitute the grounds for revocation.
2. Procedure for Revocation of Live -Aboard Permits. If the Harbormaster determines there are grounds for revocation of a live -aboard permit as provided in subsection (A)(2) of this section, he or she shall provide written notice of revocation with service of the notice in accordance with Section 1.05.030, stating the grounds for the action, the effective date of the decision and the right of the permittee to appeal the decision to the Harbor Commission. The permittee shall have fourteen (14) ealendaF from the date on which notice is deemed served to request a hearing.
If the permittee does not request a hearing within fourteen (14) c-alendar days of the date the notice is deemed served, the decision of the Harbormaster shall be final.
3. Procedure for Revocation of Mooring Permits. If the Harbormaster determines there are grounds for revocation of a mooring permit as provided in subsection (A)(3) of this section, he/she shall provide written notice of the revocation with service of the notice in accordance with Section 1.05.030 to the permittee shown on such permit, stating the grounds for the action, the effective date of the decision and the right of the permittee to appeal the decision to the Harbor Commission. The permittee shall have fourteen (14) c- days from the date on which notice is deemed served to request a hearing.
If the permittee does not request a hearing within fourteen (14) edays of the date the notice is deemed served, the decision of the Harbormaster shall be final.
SS2-393
Chapter 19.04
GENERAL PROVISIONS
Sections:
19.04.010 Short Title.
19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).
19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).
19.04.035 Development Across Property Lines.
19.04.040 Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).
19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411.1, 66428).
19.04.070 Interpretation of Code Provisions.
19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).
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 thise 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 (Cal. Gov. Code Section 66411).
A. Consistency with Subdivision Map Act. It is intended that the provisions of this title shall be fully consistent and in full compliance with the Subdivision Map Act, as defined in Section 19.04.090 (Divisien L
of Title :7 ^f the Galgfemia GoveF^m^^+ 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.
19.04.030 Compliance Required (Cal. Gov. Code Section 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.
SS2-394
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 Cal. Gov. Code Section 66499.30Af #e Map Aet, SUhr^^*i^^r, (A) aPA-(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 Cal. Gov. Code Section 66499.30Af #e ^^ 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 (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).
A. Inapplicability. This title does not apply to leases, conversions, transactions, conveyances or other acts which are specifically designated as excluded by the ", ap AetCal. Gov. Code, except that procedures for lot line adjustments shall be in accordance with Chapter 19.76.
B. Determinations of Exemption. In accordance with Cal. Gov. Code Section 66451.7 Map Aet, determinations on whether a proposed action is exempt from review pursuant to Cal. Gov. Code Section 66412 e#+"^ c„-WiV;S;^^ Map et or whether a parcel map may be waived pursuant to Cal. Gov.
Code Section 66428 of the SIVIA shall be made within sixty (60) days of an application being deemed complete.
19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
Pursuant to Cal. Gov. Code Section 66415 ^{ the G^V^.F^m^^+ Cade, the Planning Commission is hereby designated as the City's Advisory Agency for review of tentative tract maps and the Zoning Administrator is designated as the City's Advisory Agency for review of tentative parcel maps, lot mergers, and lot line adjustments. The duties, responsibilities, and authority for tentative map review by the Planning Commission and Zoning Administrator shall be as specified in Chapter 19.12. Pursuant to Cal. Gov.ernment Code Section 66416, the Appeal Board for decisions of the Planning Commission shall be the City Council and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission.
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Section 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 Cal. Gov. Code Section 66428 Act. Subject to the limitations on improvements associated with parcel maps set forth in Chapter 19.28, 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.
SS2-395
19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.). tifle -;h-;;Il he guilty ef a -and- Shall She subjeGt te peRalt�es as previded by law. SuGh peFseR A-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 Cal. Gov. Code Sections 66499.32 through 66499.36 e# the S-H",�Tsi^Aet. In addition, the City may elect other remedies for violation of this title, as provided in the Cal. Gov. Code WA sections cited above.
BQ Enforcement Responsibility. It shall be the duty of the Community Development Director or the director's authorized representative to enforce the provisions of this title.
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seg.). "City ER&P-P-F" meaps the City ER&P-P-F A-f the City of NewpeFt Beach er the equivaleRt POSi:ViE)R speeifletip'iR th iS-&H-WOVOSOOR Code, .,r the City ERgiY eeF'S deSi..Ree u ty epment "
fl.,.,.,1.,.,.Re Rt n. pa Ft., eAt r.r his ^r hP,r deSi.,r.,., "Community Development Director" or "Director" means the Community Development Director for the Community Development Department or his or her designee. "Condominium" means a condominium project community apartment project or stock cooperative, as defined in Cal. Civ. Code Sections 13-&14105, 4125, and 4190 ^f *"^ ! ,I f^.^; �^ J^ "Subdivision" means 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 Cal. Civ. Code Section 4125 or 65421291 ^f the r;,,;l r,,,J a a community apartment project, as defined in Section 1351 ^f t"^ Cal. Civ.4 Code Section 4105 or the conversion of five for more existing dwelling units to a stock cooperative, as defined in subdivisien Civ. Code Section 4190 or 65661351 e# th., cowl CA-1- f C✓ the C--hdffiWiS ^ Ma Art 1
rrrc-c-v-- -- c. r......eai-irr
"Subdivision Map Act" or "SMA" means Cal. Gov. Code Title 7, Division 2, Section 66410 et seq.ef he SS2-396
Chapter 19.08
TENTATIVE MAP FILING
Sections:
19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).
19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).
19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).
19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).
Approval of a tentative and final tract map shall be required in accordance with this title for any subdivision creating five f or more parcels, five for more condominiums as defined in Cal. Civ Code Section 783-G# the C-,lifer.,;; Civil G^d^ a community apartment project containing five for more parcels or for the conversion of a dwelling to a stock cooperative containing five for more dwelling units, except for those activities excluded by Section 19.04.040, or where:
19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
Al. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Cal. Pub.
Util. Code Section 230 ^f the ralif^F^"' P- -hiie Utilities r^d^ which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing;
19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
A. Activities Eligible for Waiver. The'^^O^^ "dMiR"tratOFCommunity Development Director may waive all or part of the requirements for a tentative and final parcel map in the following cases:
4. A division requiring a parcel map imposed by Cal. Gov. Code Section 66426. ^f the Gever^m^^* Code
19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).
A. Filing. Tentative maps shall be filed with the Community Development 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 Community Development 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 Cal. Gov. Code Section SS2-397
66451.2 of the SubdiVrsro^ Map Act and shall not exceed the amount reasonably required to administer the provisions of this title.
C. Form and Content. Tentative tract and tentative parcel maps shall be prepared by a civil engineer registered in the State of California in accordance with the S.-H-Wivism^^ ", ap AetCal. Gov. Code and this Code. Tentative maps shall be in map form in size, scale and format as specified by the Community Development 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.
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 (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) ealend@F 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 thirty (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 Cal. Gov. Code Section 65943 ^f the GA-Ve ^meRt
19.08.060 Soils Reports (Cal. Gov. Code Sections 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 Cal. Gov. Code Section 66491P-f t#e1",T` ^Map Act.
SS2-398
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 (Cal. Gov. Code Section 66453 et seq.).
19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).
19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9).
19.12.060 Review of Tentative Parcel Maps.
19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.).
19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2).
19.12.090 Amendments to Approved Tentative Maps.
19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).
Within five 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 Cal. Gov. Code Sections 66453 et seq. of the Subdivisien Map Aet 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.
19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).
A. Subdivider's Responsibilities. The subdivider shall submit information as required by the Community Development Director sufficient to permit environmental review of the project in accordance with the Fpj�ir^^m^^*^' ^ ^' * "r*CEQA, 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 Community Development Director shall determine if the parcel map is categorically exempt from environmental review pursuant to c^^*i^~' 5" 5 of the California Environmental Quality Act Guidelines Section 15315.
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 ;n E)FdeFto mitigate a project's environmental impacts.
SS2-399
19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9).
C. Public Hearings. Public hearings shall be noticed and held in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 ^f the r-,,,,,,,-n,Y,,,rt r,,,,^ and City procedures.
E 2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to this title, the D1@^^i^g DiFe ^Community Development 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 Cal. Gov. Code Section 66451.1 ^f the r_ever. ppPn+ r t,^ G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission within the time limits specified in this section or within any authorized extension thereof per this section, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Cal. Gov_eFRPReRt Code and the City of "'ewpeFt Beach lVl w4e4a'this Code. It shall be the duty of the City Clerk to affirm said approval. Any tentative tract map deemed approved by Planning Commission inaction may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in subsection (1) of this section.
H. Denial Action to Comply with Time Limits Prohibited. Pursuant to Cal. Gov. Code Section 66451.4�# the r_,,,,e.rP Rent r d no tentative tract map shall be denied 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.
13. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee set by resolution of the City Council pursuant to Cal. Gov. Code Section 66451.2A-f the Geve ^meRt Code she. A call for review is exempt from the payment of a filing fee under Section 3.36.030y
14. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal or call for review. The appeal or review hearing shall be noticed in accordance with Cal. Gov. Code Sections 65090, 65091 and 66451.3 ^f the r_,,,,,,rrmeRt Cede, OF aRY successer statutes, and shall be held within thirty (30) days after filing of the appeal or call for review. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal or call for review.
J. Indemnification of City. Pursuant to Cal. Gov. Code Section 66474.9 ^f the r_^.,^rn., ent Cede as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest 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 tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under Cal. Gov. Code Section 66499.37 ^f the Gev ^meat Gede. The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense.
SS2-400
19.12.060 Review of Tentative Parcel Maps.
A 2. Procedures. Except as provided in subsection (A)(5), Tthe provisions for tentative tract maps set forth in Sections 19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps.
A 5. Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes shall be exempt from the provisions set forth in Sections 19.12.050(B) and (C) regarding staff reports and public hearings.
Public notice shall be provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and City procedures, except that the notice shall include a statement that no local public hearing will be held; however, written comments on the proposed subdivision will be considered if submitted by no later than the date set forth in the notice.
B. 1 Initiation of Appeal or Call for Review. With the exception of a tentative parcel map for an urban lot split, any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission or any action of the Planning Commission regarding a tentative parcel map to the City Council. Only an applicant can appeal an action by the Zoning Administrator or the Planning Commission on a tentative parcel map for an urban lot split. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Zoning Administrator regarding a tentative parcel map may be initiated by a member of the Planning Commission to the Planning Commission, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Planning Commission regarding a tentative parcel map may be initiated by a member of the City Council to the City Council, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. In accordance with Cal. Gov.
Gevernment Code Section 66463.5, er any successer statute, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council.
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the Director within ten (10) days after the action of the Zoning Administrator on a form provided by the Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission on a form provided by the City Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council in accordance with Cal. Government Code Section 66463.5, ep _^, sweeesser statute. The time limit for filing appeals on denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing.
19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.).
A7. That, in the case of a "land project" as defined in Cal. Bus. & Prof. Code Section 11000.5ef he CalofArnma °i ^^« ;;^r' °r^{^rriAnr CA : (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area;
SS2-401
A9. That the subdivision is consistent with Cal. Gov. Code Sections 66412.3 of the Subdivision Map Act and Seetien 65584 ^{ the Galife— is Government Cede 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;
19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2).
B2 Published a public hearing notice in accordance with CaLifernia 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.
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 D!aRRiRg DiFe ^Community Development Director provided the Director determines that all of the following criteria are met:
4. The resulting tentative map remains inconformity with this Subdivision Code, other applicable provisions of the M nieipalthis Code and the Subdivision Map Act.
B. Major Amendments. If the Dlanning Direet^FCommunity Development Director determines that a proposed amendment to an approved tentative map or to any condition of approval thereon does not meet the criteria for a minor amendment set forth in subsection (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.
SS2-402
Chapter 19.16
TENTATIVE MAP EXPIRATION AND EXTENSION
Sections:
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
A. Expiration. An approved or conditionally approved tentative tract map or tentative parcel map shall expire twenty-four (24) months after the date of its approval or conditional approval.
B. Termination of Proceedings. The expiration of an approved tentative tract map or tentative parcel map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the City, including, but not limited to, processing, approving and recording, may lawfully occur after the date of expiration of the tentative map.
Delivery of the final tract map or final parcel map to the City Engineer shall be deemed a timely filing for purposes of this Section.
19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 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 sixty (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 fifteen (15) days after the denial in accordance with the provisions of Sections 19.12.050 and 19.12.060.
B. Extensions Due to Public Improvement Obligations, Moratoriums and Lawsuits. In addition to the extensions provided for in subsection (A) of this Section, the expiration of tentative maps shall be deferred in the following cases pursuant to the detailed provisions of Cal. Gov. Code Section 66452._6 ef the
1. Public Improvements and Development Agreements. The tentative map shall be automatically extended pursuant to Cal. Gov. Code Section 66452.6 of the SIVIA if the subdivider is required to provide off -site public improvement requirements above the dollar amount specified in Cal. Gov. CodeSP 4A Section 66452.6. Extensions of tentative maps on property subject to a development agreement shall also be administered pursuant to that SIAA-section.
2. Moratoriums. The period of time specified in subsection (A) of this Section, including any extensions granted pursuant to subsection (13)(1), shall not include any period of time during which a development SS2-403
moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
I Lawsuits. The period of time specified in subsection (A) of this Section, including any extensions granted pursuant to subsection (13)(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 Cal. Gov. Code Section 66452.6 AfthP S""" SS2-404
Chapter 19.20
VESTING TENTATIVE MAPS
Sections:
19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2).
19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).
19.20.040 Filing and Review.
19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6).
19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).
19.20.070 Amendments Tto Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
This Chapter is enacted to implement Chapter 4.5 of the Subdi is en Map et 4Cal. Gov. Code Sections 66498.1 et seq. Whenever a provision of this Title 19 requires that a tentative tract map or tentative parcel map be filed, a vesting tentative tract map or tentative parcel map may be filed instead.
19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 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 Cal. Gov. Code Section 66474.2 of the SubdivisieR Map Act. However, if Cal. Gov. Code 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 subsection (A) of this Section, the City may condition or deny a permit, approval, extension or entitlement if it determines any of the following: (1) 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; or (2) 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 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.
SS2-405
19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code or Districting Maps in existence at that time, that inconsistency shall be noted on the vesting tentative map. The City may deny a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Code or Districting Maps to eliminate the inconsistency. If the change in the Zoning Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (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.
19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6).
19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).
19.20.070 Amendments Tto Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
SS2-406
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 (Cal. Gov. Code Section 66473.1).
19.24.120
Design of Other Improvements.
19.24.130
Deviation from Design Standards.
19.24.110 Energy Conservation (Cal. Gove. Code Section 66473.1).
In accordance with Cal. Gov. Code Section 66473.1A-f the Map A,.+ 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.
SS2-407
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 (Cal. Gov. Code Section 66411.1).
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 (Cal. Gov. Code Section 66485 et seq.).
19.28.130 Waiver of Improvement Requirements.
19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).
A. Limitation. In accordance with Cal. Gov. Code Section 66411.1A-f the c„-holiviSiOR Map Act-, improvement requirements for parcel maps creating four or fewer lots shall be limited to the dedication of rights -of -way and easements and the construction of off -site and on -site improvements for the parcels being created. Requirements for the construction of such off -site and on -site 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.
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 Newport BeachUniferm Plumbing Code set forth in Chapter 15.08. Fire hydrants and fire flow capacity shall be approved by the Fire Chief. Water facilities and connections shall be in accordance with Title 14 (`"'. teF and c,,,.,eFs)
SS2-408
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 CORReOiE)R o,,,-FRits) and the latest revision of the Newport Beach''RofArM Plumbing Code set forth in Chapter 15.08. Sewer cleanouts shall be provided to the satisfaction of the City Engineer.
19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
A. Oversizing. In accordance with Cal. Gov. Code Section 66485 ^F+h Map Ae+ the subdivider may be required to install improvements for the benefit of the subdivision which may be of supplemental size, capacity or number as will benefit property not within the subdivision, such improvements to be a condition precedent to the approval of a tentative tract or tentative parcel map and, thereafter, to dedicate such improvements to the public. Supplemental length may include minimum sized off -site sewer lines necessary to reach a sewer outlet in existence at that time.
B. Reimbursement. In accordance with Cal. Gov. Code Sections 66486 and 66487s#+he c„hdiVisieR Map Ate, 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.
SS2-409
Chapter 19.32
IMPROVEMENT PLANS
Sections:
19.32.010 Preparation and Submission of Improvement Plans.
19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).
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 ^f pia. 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 (Cal. Gov. Code Section 66456.2).
The City Engineer shall review and act upon improvement plans in accordance with the time limits specified in Cal. Gov. Code Section 66456.2n-f the-1"�rsie Art-. 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.
SS2-410
Chapter 19.36
COMPLETION OF IMPROVEMENTS
Sections:
19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462).
19.36.020 Acquisition of Land for Off -site Improvements (Cal. Gov. Code Section 66462.5).
19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).
19.36.040 Reduction of Security With Special Assessments (Cal. Gov. Code Section 66499.5).
19.36.050 Inspection and Acceptance of Improvements.
19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).
19.36.070 Forfeiture of Security.
19.36.010 Improvement Agreements (Cal. Gov. Code Section 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 Off -site Improvements (Cal. Gov. Code Section 66462.5).
If a subdivider is required to construct off -site 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 Cal. Gov. Code Section 66462.5 of the SabdivTsiep.
PA t.
19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).
Improvement security shall be in a form as prescribed by Cal. Gov. Code Section 66499 eft,he Subdiv+siep Map act. The amount of security shall include all of the following:
19.36.040 Reduction of Security With Special Assessments (Cal. Gov. Code Section 66499.5).
19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).
Security provided in accordance with this chapter shall be released pursuant to the provisions of Cal.
Gov. Code Section 66499.7A-f t#c� ", +sio^ Map ,Act.
SS2-411
Chapter 19.40
GENERAL DEDICATION REQUIREMENTS
Sections:
19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2).
19.40.020 Coastal Access and Open Space Dedications.
19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476).
19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).
19.40.050 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).
19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2).
C. Transit Facilities. The City may require dedication of transit facilities, such as bus turnouts, benches, shelters and similar facilities, for subdivisions identified in Cal. Gov. Code Section 66475.2Af #e
19.40.020 Coastal Access and Open Space Dedications.
When the Local Coastal Program Land Use Plan, adopted pursuant to Cal. Pub. Resources Code Division 20 A-f+he State o„-bl;,. o-A-'-iFees 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.
19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).
Acceptance, rejection and termination of offers of dedication shall be in accordance with Cal. Gov. Code Sections 66477.1 through 66477.3 of with Sestien 66477.1 et seq. of the Subdi.,,s,,,n Hoar Acteetie44s. 66477 1 t r,, rth 6647:7
19.40.050 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 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 Cal. Gov. Code Section 66477.5 e the Subdiviseen Map Act.
SS2-412
Chapter 19.48
SCHOOL SITES AND FEES
Sections:
19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).
19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
19.48.030 High School Sites.
19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).
19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
Pursuant to Cal. Gov. Code Section 65974 of the SabdivTsi^ Aet, 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 Cal. Gov. Code, ChapteFs ^ 7- ^ o .,f the r_,,,,,,.rM eRt Sections 65970-65981 and 65995-65998, respectively.
SS2-413
Chapter 19.52
PARK DEDICATIONS AND FEES
Sections:
19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).
19.52.020 Applicability (Cal. Gov. Code Section 66477).
19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).
19.52.050 Determination of Land or Fee.
19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).
19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).
19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477).
19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).
19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).
This Chapter is intended to provide for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development. These provisions are in accordance with the Recreation and Open Space Element of the General Plan and with Cal. Gov. Code Section 66477 of the Map Aet (known as the Quimby Act).
19.52.020 Applicability (Cal. Gov. Code Section 66477).
19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
19.52.040 Parkland Standard (Cal. Gov. Code Section 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 five and one -tenth (5 1/10) acres per one thousand (1000) population. Per Cal. Gov. Code Section 66477 of the 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 five acres per thousand persons residing within a subdivision. Therefore, the City's park dedication standard shall be five acres per thousand population.
19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).
19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).
SS2-414
19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 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 defined in Cal. Civ. Code Section 41001251 ^f the Qvel Cede against required land dedications or in lieu fees in accordance with the provisions of this Section.
19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).
SS2-415
Chapter 19.56
FINAL MAP FILING
Sections:
19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).
19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 -- 66450).
19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447).
19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).
19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)
19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 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 chapter for a final tract map.
B. Final Maps. After the approval or conditional approval of a tentative tract or tentative parcel map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map prepared and filed with the City Engineer in accordance with the approved or conditionally approved tentative map. Final maps shall be filed prior to expiration of the applicable tentative map, as required in Chapter 19.16 (Tentative Map Expiration and Extension).
C. Form and Content. The form and content of final maps shall be as specified in Cal. Gov. Code Sections 66433 through 66450 A- the Map Act, as administered and interpreted by the City Engineer.
19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 - 66450).
19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (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 thirty (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 Cal. Gov. Code Section 65943 Of the GeveF^m^^* Cede.
SS2-416
19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447).
19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).
Survey and monumentation for final maps shall be carried out in accordance with Cal. Gov. Code Sections 66434 and 66495 et seq. of the 5111-WilViSieR Map et and the requirements of City Design Criteria to the satisfaction of the City Engineer. In addition, all surveys shall tie into the County ^fps grid system and Geographic Information System monuments.
19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1) SS2-417
Chapter 19.60
FINAL MAP REVIEW
Sections:
19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).
19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).
19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 66493, 66494).
19.60.040 Recordation of Final Maps (Cal. Gov. Code Sections 66464, 66493).
19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2).
19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).
19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 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 in Cal. Gov. Code Section 66477.2 Of the C h J .. ,n Ma A.+
19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 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 Cal. Gov. Code Section 66493P-rthe Sah�Ts6^ Act (SMA). If such taxes or special assessments are allowed to become delinquent, the County shall recover from the security required under Cal. Gov. Code Section 66493 in accordance with the provisions of Cal. Gov. Code Section 66494 Af the .
19.60.040 Recordation of Final Maps (Cal. Gov. Code Sections 66464, 66493).
19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2).
SS2-418
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 (Cal. Gov. Code Sections 66427.1,66452.8, 66452.9).
19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427.1).
19.64.060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).
19.64.070 Standards for Condominium Conversions.
19.64.080 Modification or Waiver of Conversion Standards.
19.64.090 Condominium Conversion Fees.
19.64.100 Exemptions.
19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).
19.64.010 Purpose and Intent.
B 1. Residential Conversions. The City Council finds that residential condominiums, community apartment and stock cooperative types of ownership, as defined in Cal. Civ. Code Sections 4105, 4125 and 4190, differfrom 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 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 Cal. Civ. Code Sections 49514105, 4125 and 4190 ^f the Civil 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.
19.64.020 Definitions.
A. Condominium, Community Apartments and Stock Cooperatives. The term "condominium" shall encompass condominium projects, community apartment projects and stock cooperatives, as defined in Cal. Civ. Code Sections 4105, 4125 and 4190' 351 .,f the r-,I;f^r^; C-iv;r^,I^ SS2-419
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-13115 District (Balboa Island).
Nonresidential condominium conversions may be allowed in any district in which such uses are permitted.
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 Seed^' 1351 ^f the Cal. Civ.4 Code Section 1351, 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 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 Seetie^ 13S ^f the Cal. Civ.4 Code Section 1351, 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.
A. Condominium, Community Apartments and Stock Cooperatives. The term "condominium" shall encompass condominium projects, community apartment projects and stock cooperatives, as defined in Cal. Civ. Code Section 1351 of the G_alifemia G_ivil r^d^
19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.179, 66452.18-9).
A. Existing Tenants. At least sixty (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 Cal. Gov Code -Section 66452.18-9 of the Map nto each tenant of the subject property.
Further, if the conversion project is approved, the applicant shall give all tenants a minimum of one hundred eighty (180) days' advance notice of the termination of their tenancy.
B. Prospective Tenants. At least sixty (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 Cal. Gov. Code Section 66452.179 of the subdivisieR 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 Cal. Gov. Code Section 66452.179 of the SIVIA.
SS2-420
19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 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 ninety (90) days from the date of issuance of the subdivision public report pursuant to Cal. Bus. & Prof. Code Section 11018.2 -c4 the -R liner-r- -a^^' °r^{^-s-s'^^s Cede, unless the tenant gives prior written notice of his or her intention not to exercise the right.
19.64.060 Review Procedures (Cal. Gov. Code Sections 66427.1, 66427.2).
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 Cal. Gov. Code Section 66427.2 A- t#eSa" +gin 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 Cal. Gov. Code Section 66427.1 of t�1SQ", -Aet regarding tenant notification, right to purchase and other requirements.
19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 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 (10) years from the date a certificate of occupancy has been issued for the units within the development subject to the provisions of Cal. Gov. Code Section 66452.50 of the SabdivTsie Aet.
SS2-421
Chapter 19.68
MERGER OF CONTIGUOUS LOTS
19.68.010 Purpose and Intent.
The provisions of this chapter are intended to provide for the merger of parcels as authorized by Cal. Gov.
Code Section 66499.20.34 of the Geve.r^m^^* Code. These provisions are intended to be consistent with theme Subdivision Map Act and shall be so construed.
19.68.020 Exemptions.
B. Lots in R-613.5 District. On any site of less than five thousand (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 one thousand (1,000) square feet of land area for each family unit.
SS2-422
Chapter 19.72
REVERSIONS TO ACREAGE
Sections:
19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).
19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).
19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).
19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).
19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18 et seq.).
19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).
19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).
A. Initiation. Reversions to acreage may be initiated by motion of the City Council or by petition of all of the parcel owners within the subdivision.
B. Filing. Application for a reversion to acreage shall be made on forms provided by the Community Development Department and shall include the information and materials specified in Cal. Gov. Code Section 66499.13 A-f the �"�+�^ Map met. A filing fee may be required as established by resolution of the City Council.
19.72.030 Review Process and Findings (Cal. Gov. Code Sections 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 Cal. Gov. Code Section 66499.16 A- the Map t.
19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).
As conditions of approval of a reversion to acreage, the City Council shall require all conditions set forth in Cal. Gov. Code Section 66499.17 A- the c„W;viSi R MapAct-.
19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18 et seq.).
Recordation and release of security shall be in accordance with Cal. Gov. Code Section 66499.18 et seq.-iaf the c- -haliyi. Map Act.
c
SS2-423
Chapter 19.80
CERTIFICATES OF COMPLIANCE
Sections:
19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (66499.35).
19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).
The Community Development Director shall process certificates of compliance in accordance with the provisions of Cal. Gov. Code Section 66499.35$f the c„� �;.,;�;^^ Map Aet.
SS2-424
Chapter 19.90
PARCEL MAPS FOR URBAN LOTS SPLITS
Sections:
19.90.010 Purpose and Scope.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing With Other Ministerial Permits for Housing Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
19.90.010 Purpose and Scope.
This chapter serves to implement Cal. Gov_eFRFReRt Code Section 66411.7 to provide an owner an alternative method to subdivide a lot for residential development. For purposes of this chapter, "urban lot split" means the subdivision of an existing legal lot to create one additional lot in R-A and R-1 zoning districts or areas designated for single -unit residential within a planned community development plan or specific single-family residential use zone.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with the Community Development Department by a record owner or owners of the property to be divided or their authorized agents. The required number of copies of the map shall be established by the Community Development Director through an application form.
B. Application Fee. The application shall be accompanied by the required application fee(s), as established by resolution of the City Council. Such fees shall be in accordance with Cal. Gov. Code Section 66451.2 of the Map Act and shall not exceed the amount reasonably required to administer provisions of this title.
D. Supplemental Information. In addition to the items identified in subsection (C) of this section, the following supplemental information shall be submitted with a tentative parcel map application to establish compliance with the construction plans and all provisions of this Code and applicable state law:
2. iii A lot or lots on which an owner of residential real property has exercised the owner's rights Cal. Gov. Code Section 7060 et seq. r4ap of Diyisi^. 7 of Title 1 ^f +"^ Gpvpr^m^^+ Gede to withdraw accommodations from rent or lease within fifteen (15) years prior to the date that the development proponent submits an application; SS2-425
E. Review Authority and Approval. If the Zoning Administrator determines, after consultation with the City Engineer, that a tentative parcel map for an urban lot split meets all requirements of this chapter and Section 20.48.205(B) (Permit and Review Procedures), the Zoning Administrator shall approve the tentative parcel map. This action is a ministerial action in compliance with the provisions of this chapter only. The findings under Section 19.12.070 (Required Findings for Action on Tentative Maps) do not apply.
F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative parcel map for urban lot split if the Zoning Administrator makes written finding(s), based upon a preponderance of the evidence, that it would have a specific, adverse impact, as defined and determined in Cal. Gov. Code Section 65589.5(d)(2), On paFagr ph (2) of su+ n (d) of GeveFnment Cede c^eti^^ 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
SS2-426
Title 20
PLANNING AND ZONING*
Chapters:
Part 1. Zoning Code Applicability
20.10 Purpose and Applicability of the Zoning Code
20.12 Interpretation of Zoning Code Provisions
20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses, and Zoning District Standards
20.16 Development and Land Use Approval Requirements
20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)
20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.22 Mixed -Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV/15th St., MU-W1, MU-W2)
20.24 Industrial Zoning District (IG)
20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)
20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards
20.30 Property Development Standards
20.32 Density Bonus
20.36 Landscaping Standards
20.38 Nonconforming Uses and Structures
20.40 Off -Street Parking
20.42 Sign Standards
20.44 Transportation Demand Management Requirements
20.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
20.48 Standards for Specific Land Uses
20.49 Wireless Telecommunications Facilities
SS2-427
Part 5. Planning Permit Procedures
20.50 Permit Application Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementation, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administration
20.60 Administrative Responsibility
20.62 Public Hearings
20.64 Appeals
20.66 Amendments
20.68 Enforcement
Part 7. Definitions
20.70 Definitions
Part 8. Maps
20.80 Maps
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
SS2-428
Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE
20.10.050 Responsibility for Administration.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to as the "Council"; the Planning Commission, hereafter referred to as the "Commission"; the Planning DiFeek)rCommunity Development Director, hereafter referred to as the "Director"; the Zoning Administrator; and the Community Development Planning Department, hereafter referred to as the "Department," and any other City official or body as specifically identified.
SS2-429
Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residential Zoning Districts General Development Standards.
Table 2-2
Bluff edge setback As provided in Section 20.28.040 (Bluff (B) Overlay District). See also Section 21.28.040 SS2-430
Chapter 20.20
COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
Table 2-4
Take -Out Service —Fast -Casual (up to 20 seats) La(2)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48. 090
Alcohol Sales (off -sale) (with late hours) (1)
CUP
CUP
CUP
CUP
Section 20.48.030
_(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of anv residential zoning district. b. Except as provided in (2)(a), aA minor use permit shall be required for any use located within five hundred (500) feet, prepeFty IiR^ to ^F^^^Fty IiR of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours.
Table 2-5
Take -Out Service —Fast -Casual (up to 20
seats) (1) (2)
P/MUP
P/MUP
P/MUP P/MUP P/MUP
P/MUP Section
20.48.090
Alcohol Sales (off -sale) (with late hours) (1)
CUP
CUP
I CUP I CUP I CUP
I CUP Section
20.48.030
(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district. b. Except as provided in (2)(a), Aa minor use permit shall be required for any use located within five hundred (500) feet, pFepeFty line to pFepeFty IiR^ of any residential zoning district. cla. A minor use permit shall be required for any use that maintains late hours.
SS2-431
Chapter 20.22
MIXED -USE ZONING DISTRICTS (MU-V, MU-DW„MU-CV/15T" ST., MU-W1, MU-W2)
20.22.020 Mixed -Use Zoning Districts Land Uses and Permit Requirements.
Table 2-8
Take -Out Service —Fast -Casual (up to 20 seats) L4L(5) P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Alcohol Sales (off -sale) (with late hours) (4)
CUP
CUP
Chu
Section 20.48.030
(5) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district. b. Except as provided in (5)(a), aA minor use permit shall be required for any use located within five hundred (500) feet, prepeFty line to ^F^^^Fty ^^, of any residential zoning district. cla. A minor use permit shall be required for any use that maintains late hours.
Table 2-9
Take -Out Service —Fast -Casual (up to 20 seats) (3)(4) P/MUP P/MUP ISection 20.48.090 (4) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district. b. Except as provided in 4(a), Aa minor use permit shall be required for any use located within five hundred (500) feet, prapeFty IiR^ W pmpeFty 4p^, of any residential zoning district. c.b. A minor use permit shall be required for any use that maintains late hours.
SS2-432
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, H)
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
B 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the Cal.i#eAia Gov.eFRMeRt Code.
20.28.040 Bluff (B) Overlay District.
D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibits adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibits B-1 thF ugh B Q aattaehed to the A,rdinam a ee-difie - in thus title.) All contour lines refer to NAVD-88 contours.
1a. Kings Place (104-112 and 204-224).
ai. Development Area A. Between the front property line adjacent to Kings Place and the development line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb adjacent to the lot.
bii. Development Area C. All portions of the lot not located in Area A. 2-b. Kings Place (116-200).
ai. Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map.
bii. Development Area B. All portions of the lot not located in Area A or C. ciii. Development Area C. Between the down slope boundary of Area A and a development line established at the twenty-six (26) foot contour line.
div. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400) square feet (cumulative) in area shall be allowed in Area B.
SS2-433
SS2-434
■ 1 1 1 I
1 1
• I 1 1
I • 1 1
eA-At@Ur I i A
■mi-TYMME ISM ISM1 1 •
SS2-435
V Ar-le-litienal Development Standards. Structure height may not exceed the fifty twe (52) feet centeur A P-. V'l7TCTTCC JZ7T;.vaIRTU I Trea
SS2-436
r further I .,.J..,@r.J• and
Ensure that the structures safe frem h.a-;,-a.rrd-,; rdUe W erE)sienal facters fer the ecenernae
-h. principal -are
Iif.,.,f+h.,hU il.di.,r.
All .,f the fellr,, iRg fi.,diRg< Shall also be .,•,arlo• The imcre.mred- develepmeRt are iuvill a slepe stability �aeteF ,
ef safety thaR er equal
-A. -hl---ff -pi
greater
thap A-F te 1.1 feF the rcelpd-iltieln A-f the
AGIF r---;;RYE)R, is farther
safety gmate.r equal seli-similic, -h"-'ff
!2f fd;
whichever
or-.,r,.,m*r- I*fp Af+h J I , . . tdevelepment;
and
d— The develepment I.A.fall not have impact
habitat
.*nr--rp--;;,-;P-d- -hl---ff an en public
views er sensitive
SS2-437
Chapter 20.30
PROPERTY DEVELOPMENT STANDARDS
20.30.120 Solid Waste and Recyclable Materials Storage.
Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Cal.
Pub. Resources Code Section 42900) and Chapter 6.04 and Chapter 6.06.
SS2-438
Chapter 20.32
DENSITY BONUS
20.32.020 Definitions.
L. "Lower -income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed.n Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower -income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
O. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility to claim a welfare exemption under Cal. Rev. & Tax. Code s ubdivisien (g of Section 214 .(G) A-f the Revenue ;and- Tawatien Cede.
20.32.030 Eligibility for Density Bonus and Incentives.
A 8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12�����e S^rztiORS 51 2 ^Al 91.1 2, that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Cal. Civ. Code Section 798.76 or 799.5 Civil Cede section :704 7-G ^. 7-995
20.32.050 Allowed Density Bonuses.
C 4. Priority for the affordable units shall be given to lower -income students experiencing homelessness.
A homeless service provider, as defined in Cal. Health & Saf. Code paragraph (3) ^f subdivisie^ (e) ^f Section 103577 3 e ^f t- lehe u^ni+h and Safety r-^^'^, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.
20.32.060 Parking Requirements in Density Bonus Projects.
B 3 b. The housing development is a for -rent housing development for individuals who are sixty-two (62) years of age or older that meet the definition in Cal. Civ. Code Sections 51.2 and 51.3_ ^f *h^ Cowl C and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eighth times per day; or B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf. Code Section 51312 ^f rh., u -,I+h and Safety Gor supportive housing development as defined in Cal. Health & Saf. Code Section 50675.14 ^f the Health and Safety Cand the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eighth times per day.
SS2-439
20.32.130 Continued Availability.
B 1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal.
Health &ate Safety Code Section 50053; and
B 2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as defined in Cal. Health &ate Safety Code Section 50052.5.
20.32.140 Occupancy and Resale of Ownership Units.
A 1. The unit is initially occupied by a very low-, low-, or moderate -income household, offered at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5 ^f the Health and Safety Code, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3) and has received a welfare exemption under Cal. Rev.nue-and& Tax.a#an Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no -interest loan program;
B 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in Cal. Health & afA-Saf.ety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:
SS2-440
Stia pc
�RZ1vTr:T
2s.2a vie PuFpese.
:18.24.020 Exempt -ions.
29.34.9=5A Replapement of Affordable Housin
:18.AA.060 net.....«:..:..g oegUwFeFAent,• fe.- oenlaGement I In:tc :10 24 070 Feasibility Analyses.
20.34.9-9 Ad.R:n:ItFa_ tien a...J 9e-,e:L.:l:t„ A n a 1 y s s Fee,•. 2/e��.3^A.QQQ C:n,d:n,,,• to r'Annlss,de that Replacement of I In:t,• :9 Nlet Feasible 702A n1n PuFpeoe
ThenuFpese of this chapter is re•
aprel
20 2A 01.20 Annl:,-ah:l:ty
a
afferdable
• n
UR
efeleveR (11) er mere dwelling units lecated- in tvve er mere ), as Plefined Health ;;Ad Safety Code Sect�Gll 50093, when either A-f the felleWiRg eGGUFS� B. The ceRve."_.me.n elc ef three elc rnelce dwelling UR4S In-c-Ated in ene structure. 202A n2n Exemptions.
Then of this- chapter shall net ply to the felleWin.,•
public nuisance in compliance I.A.fit.h. the PFOV*S*GRS ef He_alth and Safety Code Division 13 (cemmencing I. Seetip 1:7000) eF any City erdinance enacted pUrSUaRt te these previsiens shall he exempt from the SS2-441
..
ilil
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-- - - -- - -- -- -- -- ---- ---
of , ._.
-aill.
ml
-- -- I- -- Ma -ON Mal -- -MlMa--
ma'. -- - - -- -
Mall, Ma MINOR
SS2-442
thirty
:10 24 060 neterrr.ining Requirements
Fes Replacement
I IRO s
dwelling
*-.h.(-- te
these
in
the
units euFFently exi-st _A.AMGJ
this ehapt. T
Q 'Afer., alien to Be DreVided
Reed FePlace
unit-s cemplianee
with FequiFements
ef
2. of the p .,rt..•
.
b. T$t;I Pmht-r ..f e..iSARgURitSj
G. IrGeMe of th., t.,r,-,r,ts•
,
a. o aai c �oo�a e
Square feetag and number
e. Alamos -,.,,_ addreSse of current
f. Te.n.apt family sizeOR
R I.,fermatie., e any ictie.,s
h. �.A.(h,_at_,hp_,r thp-Irp- rEmUrrently
of bebreems per
tenaRtS•
i.,ithan the last
aRy vacant units
unit;
"ear•, and
and hew
leng they have been
vacant.
.;4rk--
regarrlir r the in st-it--s -Arnrl
C EV .-tie Af:rQ .,ts
he ehel.d size
of G irrent
tenants
f9f If-);.A.f A M.A_d_P_,r_AtP_ incerne if the
family
fFenq the
dwelling
npe
-Mr
te the filing ef an applicatien
persen er
te cenvert
v.f_as evicted-
A-,r rdlpemnellosh
subjeGt
the unit and
unit
the Pevictien was
vv*thin
fer th
year prier
puFpese f eisling the r
nts of this chapter
mif
structure, thp- Shall be
presumed te h-ave
been
for the purpose ef aveiding
the requirements
ef
SS2-443
this chapter the for the cenversioR
deFnOlitiOR
bear the burden
of that the
and applicaRt
eviEt;eRS Were e+ fer the p6iFpese of eidiRg
or
the r
shall
RtS of this ehapter,
preViRg
a
n
the Dmreete.r has
determiped that resiffidelAtial OiS Re IeRgeF
ip that lecat�eR, the
and
F-)ffiPP-C-#A-r shall require
-A Use
702A 07l1 Feasibility Anal..,:
. C.,@rihility Analysis Required
0 feasibility be
tE)
beiRg
fE)F the
ndependent aRalySiS Shall prepared
prier
aRy apprevals
gFaRted pFE)pesed
Q Pea-sihili+" of DeelaCiRg Afferdable I Ri+S
I.0
If the feasibility determines that
it is feasihlp
te the
- -Pit the
@R@IySiS
net
eplaee affe-Felable
the
analysis
,
the W-th sitee
A site.G PeaSibolity ARalySiS PrepaPatieR. The feasibility pFE)ViSiqR of
be by
units en and
independent fir.m.
direr-AieR the Department. The
analysis
firm have
shall prepared aR
und-e-F
in the
ef selected-
shall
ReUtFal
to the
prep@F@tieR ef rea4
feasibility
+her en+s of this Ghan+er
unbiased,the
GpiRieR as
of cernply*Rg
r
er,+ -n.J Shall he used- to , r the rer-+ of n
70 24 lIOA C:n.l:nrrc to Conel de that Replacement
in n-FfdP-F tc-) that the A-f
g the feasibility
of Units
dwelling
a alysi.
is Ble+ Feasible
as nA-t fp--;;,-;*-hlp-
the
replacement
shall first find -AII Of the felle,.rieg:
A. The- feasibility an
affe-rdable
units
review authority
the facts
aRalysis was prepared
a prefesi-sie-Ral
-and appropriate manner,
and and
SS2-444
SS2-445
Chapter 20.42
SIGN STANDARDS
20.42.030 General Provisions.
F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with Galif GevemmentCal. Gov. Code Section 65850 and Cal. a Bus. aness and& Prof.essaeRs Code Sections 5354(a) and 5408.3-0aeth effeetive january 1, 200-34. Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by Cal. Bus.iness,—ana& Prof.essae;s Code Section 5412.
SS2-446
Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
20.48.030 Alcohol Sales.
C 2 b ii. A pattern of documented violations of the permit conditions, this Zoning Code, the M61ROGipalthis Code, the Cal. Pen.a4 Code, or other State statutes; or
20.48.060 Bed and Breakfast Inns.
A 3. Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with Cal. Bus.iness &ate Prof.ess;ens Code Section 24045.12, a bed and breakfast inn may sell alcohol to registered guests only; provided, that the establishment has an approved ABC License Type 80 (Special On -Sale General B and B license).
20.48.090 Eating and Drinking Establishments.
G 2 b i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Cal. Pen.ai Code, or other State statutes; or
20.48.100 Emergency Shelters.
This section provides standards for the establishment and operation of emergency shelters in compliance with Cal. Gov.emment Code Section 65583.
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in CalmfArnia—Cal. Gov.eFRFneRt Code Sections 65852.2 and 65852.22, OF aRY SUGGessGr statUte, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
B 4. Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit orjunior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with CalmfArpia Cal. Health &ate Safety Code Section 17980.12.
F 3 c iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi- unit dwelling that is located within one -half -mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Seetien 21195 of the Cal. Pub.4e Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with Q,"tea-Cal. GeYeFnweRt Gov. Code Sections 65852.2 and 65852.22. However, any SS2-447
accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable.
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and urban lot splits as required pursuant to California Cal. Gov.eFRMeRR Code Sections 65852.21 and 66411.7, she. This section shall sunset automatically without action of the City in the event Gala -Cal.
GOv.eFRFReRt Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.
B. 3 c Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act (Cal. Gov. ;t Code Sections 7060 through 7060.7) to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.
B. 3 d Historic Resource. The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Seetien 50204 A-f the r"I a -Cal. Pub.4e Resources Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
B. 3 e Environmental Resource or Hazard. As specified in m^.r^ detail ;p s uh.,,-,.--,..Faphs (B) t (K) Cal. GoveFRPReRt Code Section 65913.4, the development is located on a lot that is any of the following:
B. 4 b i One-half mile walking distance of a high -quality transit corridor, as defined in Sectien 21155 of the Cal. Pub.4e Resources Code Section 21155; B. 4 b ii One-half mile walking distance of a major transit stop, as defined in Seet;G^ 2 064 R ^f the Cal.
Pub.4e Resources Code Section 21064.3; or
B. 4 m Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may deny an application for an SB 9 housing development if the Director makes written finding(s), based upon a preponderance of the evidence, that the development would have a specific, adverse impact, as defined and determined in paragraph (2) ^f ;- h.Jaykien (d) of Cal. Gov.Gevernment Code Section 65589.5, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. 5 g Owner -Occupancy. The owner of the lot proposed for an urban lot split shall comply with the requirements provided herein and sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the final, recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in Cal. Rev.enee
&a-nd Tax.atien Code Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in Seetien 2 ^.'; ^f the Cal. Rev.enue &and Tax.atien Code Section 214.15.
20.48.230 Tattoo Establishments.
B. 3 Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newp rt Bach Municipal Cede this Code.
SS2-448
Chapter 20.49
WIRELESS TELECOMMUNICATIONS FACILITIES
20.49.020 Effect of Chapter.
B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to installation or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Section 20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment permit, if required) for any telecom facility approved to be located on any City -owned property or City -held trust property, shall enter into an agreement prepared and executed by the City Manager er his ^" "^.r designee prior to installation of the facility, consistent with Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property).
E 2. Requirements established by any other provision of thise MunaeapakCode and by any other ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any conditions of approval in effect at the time the facility was approved, and any regulations pertaining to legal, nonconforming uses or structures that may be applicable pursuant to provisions of the Munaeapalthis Code or f-Pederal and State laws as they may be amended or enacted, in the future.
20.49.030 Definitions.
S. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, street light, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to Galifernia Cal. Pub.4e Util.Ay Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard which is replaced with a new street light standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement street light standard.
20.49.050 General Development and Design Standards.
F. 3 b New or replacement vertical structures may be allowed when authorized by the M nicipalthis Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within t#ethe area.
F. 6 b i Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of thise Ml Code.
Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view may be SS2-449
incorporated. Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by the M RiGipa this Code.
J. 2 All graffiti on any components of the telecom facility shall be removed promptly in accordance with thise MURiGipakCode.
20.49.060 Permit Review Procedures.
B. Installations in the Public Right -of -Way. All telecom facilities proposed to be located in the public right- of-way shall comply with the provisions of the Munieipa this Code including but not limited to the provisions of Title 13 as it may be amended from time to time.
C. Application Submission Requirements for Telecom Facilities on City -Owned or City -Held Trust Properties. Prior to the submittal for any application for any facility located on any City -owned property or City -held trust property, the applicant shall first obtain written consent to the application from the City Manager ^r his ^r her desigR^^
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and consistent with Galifernia—Cal. Gov,eFRPReRt Code Section 65850.6 (aS aFReRded or supersed , the addition of a new facility to an existing facility resulting in the establishment of a collocated telecom facility shall be allowed without discretionary review if it complies with Section 20.49.090. If a collocated telecom facility does not satisfy all of the requirements of Cal. Gov_eMmeRt Code Section 65850.6 and Section
20.49.090, the facility shall be reviewed pursuant the review procedures provided in Table 4-1.
F. Emergency Communications Review. At the time an application is submitted to the Community Development Department, a copy of the plans, map, and emission standards shall be sent to the Police Chief of the ni,,,.,pon Beach o^I,,.^ Depar*.,.,^^+. The Police Depa.-r., entPolice Chief ^r its deSi R shall review the plan's potential conflict with emergency communications. The review may include a pre - installation test of the telecom facility to determine if any interference exists. If the Police Department determines that the proposal has a high probability that the facility will interfere with emergency communications devices, the applicant shall work with the Police Department to avoid interference.
20.49.080 Agreement for Use of City -Owned or City -Held Trust Property.
In applying for a permit pursuant to this chapter, all telecom facilities located on City -owned or City -held trust property shall require a license agreement approved as to form by the City Attorney, and as to substance (including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager, consistent with provisions of toe Mun+e+palthis Code and any applicable provisions of the City Council Policy Manual.
SS2-450
Chapter 20.50
PERMIT APPLICATION FILING AND PROCESSING
20.50.020 Authority for Land Use and Zoning Decisions.
Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.
TABLE 5-1
REVIEW AUTHORITY
Role of Review Authority (1)
Applicable Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Administrative and Legislative
Interpretations
Section
Determination
Appeal
Appeal
20.12.020
(3)
Planned
Chapter 20.56
Recommend
Decision
Communities
Specific Plans
Chapter 20.58
II
u I
Recommend
Decision
Zoning Code
Chapter 20.66
Recommend
Decision
Amendments
Zoning Map
Chapter 20.66
Recommend
Decision
Amendments
Permits and Approvals
Affordable
Chapter 20.32
Decision
Appeal/Decision
Appeal/Decision
Housing
(3)(4)
(4)
(4)
Implementation
Plan
Comprehensive
Decision (3)
Appeal
Sign Program
Conditional Use
Section
Decision
Appeal
Permits
20.52.020
SS2-451
TABLE 5-1
REVIEW AUTHORITY
lApplicable
Role of Review Authority (1)
Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Conditional Use
Section
Decision
Appeal
Permits—
20.52.030
Residential
Zones HO
Heritage Sign
Decision
Appeal
Innovative Sign
Decision
Appeal
Program
Limited Term
Section
Decision (3)
Appeal
Appeal
Permits
20.52.040
Minor Use
Section
Decision (3)
Appeal
Appeal
Permits
20.52.020
Modification
Section
Decision (3)
Appeal
Appeal
Permits
20.52.050
Planned
Section
Decision
Appeal
Development
20.52.060
Permits
Reasonable
Section
Decision
Appeal
Accommodations
20.52.070
Sign Permits
Chapter 20.42
Determination
Appeal
Appeal
(3)
Site
Section
Decision (3)
Decision
Appeal
Development
20.52.080
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
SS2-452
TABLE 5-1
REVIEW AUTHORITY
IApplicable
Role of Review Authority (1)
Code
Zoning
Hearing
Type of Action
Chapter/Section
Director
Administrator
Officer
Commission
Council (2)
Variances
Section
Decision
Appeal
20.52.090
Zoning
Section
Determination
Appeal
Appeal
Clearances
20.52.100
(3)
Notes:
(1) "Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision -making body, in compliance with Chapter 20.64 (Appeals). (2) The Council is the final review authority for all applications in the City. (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action.
(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking reductions. The Planning Commission shall be the initial review authority for concessions, incentives and waivers. The City Council shall be the review authority for any financial incentive or fee waiver.
SS2-453
Chapter 20.52
PERMIT REVIEW PROCEDURES
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with Cal.
Gov.eFRFAeRt Code Section 65915 et seq. and Chapter 20.32.
20.52.040 Limited Term Permits.
G. 5 The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the M nicipalthis Code, and other City regulations.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of thise ��Code and the successful granting of all required permits from any other department or governing agency; and SS2-454
Chapter 20.60
ADMINISTRATIVE RESPONSIBILITY
Sections:
20.60.010
Purpose.
20.60.020
City Council.
20.60.030
Planning Commission.
20.60.040
Hearing Officer.
20.60.050
Zoning Administrator.
20.60.060
Fanning DiFed^"Community Development Director.
20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and °ego;; Bete; Community Development Director in the administration of this Zoning Code.
20.60.020 City Council.
B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan and thise "Code standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.030 Planning Commission.
B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and thine Municipal Code, including the following:
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan and thise MURie+pal Code standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.040 Hearing Officer.
C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan and thine MuRicipalCode's standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.050 Zoning Administrator.
B. 1 The Zoning Administrator shall have the authority to investigate and make decisions on the applications identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and thise MuniGipakCode as well as the following:
SS2-455
C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan and thise MuniGipakCode's standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.060 Planning DiFeGA^"Community Development Director.
SS2-456
Chapter 20.64
APPEALS
20.64.030 Filing and Processing of Appeals and Calls for Review.
B. 1 Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the M RiGipa' this Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
SS2-457
Chapter 20.70
DEFINITIONS
20.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of the MURiewpalthis Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this part, or elsewhere in this Zoning Code, the most common dictionary definition is presumed to be correct.
20.70.020 Definitions of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Ca1°�Ra Cal. Health &ate Safety Code Section 50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Q'OfArpia-Cal. Health aPA-& Saf.ety Code Section 50053.
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine —package store) or License Type 21 (off -sale general —package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use.
Illustrative examples include eenyeRieRee markets, drug stores, grocery stores, and supermarkets, but do not include convenience markets.
a change ef A- residential dwelling, including a mobile herne, te ce-Inde-Irniniurn, ceeperative, er similar •
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR California Ca' Gede of o, gul- tie.nS Title 1 4Section 671 (Importation, Transportation and Possession of Live Restricted Animals).
"Area median income" means the median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the 25 Calif rnia Cede f Q,,,.ulatiens Tilde 25 CCR Section 6932 (eF its sueeesseF pFevisien).
SS2-458
"California Environmental Quality Act (CEQA)" means a State law (California Cal. Pub.4e Resources Code Section 21000 et seq.).
"Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in C_al*f^rA;-, Givi Cal. Civ. Code Section 1351. "Demolition" means:
net bee.p declared te be a lawlalie nuisance updle.r Wealth -;;Ad- Safety Cede Seetien 1:7000 et seq. eF 6indeF this ZeRiRg !.A-d- , Aar th., NAB ROGipal C=G d.
2. Per the-pUFpQse other sest+ensefthisZening Cede, _the deliberate removal or destruction of the frame or foundation of a portion of a structure.
"Director" means the City of Newport Beach Dlanning ^ir^Community Development Director or a duly designated representative of the Director, referred to as the "Director." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in S^Cti^^ 179SR 1 Af+he Cal. Health &a+Rd Safety Code Section
2. A manufactured home, as defined in S^e*i^^ 19007 Af the Cal. Health &a+Rd Safety Code Section 18007,
"Emergency shelter (land use)" means, as defined in Cal. Health &a+�d Saf.ety Code Section 50801(e), a facility with minimal supportive services for homeless persons. "Explosives" means a substance defined as an explosive by Cal. Health ate& Safe%-Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health_-a+�d& Safety Code. See also "Hazardous materials."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.ernmenR Code Section 66410 et seq.), that is used to complete the subdivision of five (for more lots. See also "Parcel map" and "Tentative map."
"General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov_R Code Section 65300 et seq., and referred to in this Zoning Code as the "General Plan"
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov.eFnmenR Code Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent SS2-459
lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed.
"Municipal Code" means the Newport Beach Municipal Code of the City of Newport Beach, as amended. "Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal.
GOv.R Code Section 66410 et seq.), which is required to complete a subdivision of four for fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
Parolee -Probationer. A parolee -probationer includes: (a) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal. Pen.a4 Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (c) an adult orjuvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (d) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer. For the purposes of this definition, "felony" means a felony as defined by any California or United States statute. "Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (14 CCR Califemia Section 13577). See "Submerged lands" and "Tidelands."
"SB 9 housing development (land use)" means a residential development that contains two new dwelling units or proposes to add one new dwelling unit on a lot designated for single-family residential use with one existing dwelling unit, pursuant to r-al;f„Mi-A r_,,,,o ,, o.,+Cal. Gov. Code Section 65852.21 or any sueeessaF statute.
"Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.4 Code Section 51.3(b)(4). "Specific plan" means, under Cal. Gov.eFRFneRt Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). "Subdivision Map Act" means Division 2, Title 7 of the Calife-Fria Govern.,.eRtCal. Gov. Code, commencing with Section 66410, as amended, regarding the subdivision of real property. "Submerged lands" means lands that lie below the line of mean low tide (frem14 C_alifA_.rPi, -Cal Cede of RegulansRe�s.,CCR Section 13577). See "Public trust lands" SS2-460
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined by S^eti^^ 53260(d) of the Q'if^rnia Cal. Health &ate Safety Code Section 53260(d), and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi- family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal.
GOv.er�;meRt Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also "Final map" and "Parcel map." "Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 404:R rai;fermia Cal r-,,,- „f o „lati ns o^^s.CCR Section 13577). See "Public trust lands." "Urban lot splits (land use)" means the subdivision of an existing, legally subdivided lot intended for single- family residential use to create one new additional lot, pursuant to CalifeMia Cal. GeveFnnqent Gov. Code Section 66411.7 OF aRY sweeesseF statute.
Visitor Accommodations (Land Use).
2. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls.
Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev.enue aeti& Tax.atien Code Section 7280.
3. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. Rev.eRwe ate& rTax. Code Section 7280.
SS2-461
Chapter 20.80
MAPS
20.80.020 Bluff overlay.
Bluff Overlay, Development Area Maps (Section 20.28.040):
B-1— Kings Place (PDF)
B 2 !Fyine T-e r-c^rEe — n Iphin T. a IonF)
��9sG Beul d / Qr k (PDF)
ea��ev-aT-�,—oTea,�e�-s����,-,
7 ., R — Shreeliffs (PDF)
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Chapter 20.90
SANTA ANA HEIGHTS SPECIFIC PLAN
20.90.040 Land Use Regulations.
D. 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five (45) dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of sixty-five (65) dB CNEL. Prior to the issuance of any building permits for such development, an acoustical analysis report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City -approved acoustical consultant and submitted to the BUOI IORg Dir^,.+^rCommunity Development Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project.
2. All nonresidential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City -approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the B ildi^^ Dire Community Development Director in the form of an acoustical analysis report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project.
3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA.
Upon completion of the FAAAeronautical Study, the project applicant shall submit evidence to the BU ildiRg
D;recterCommunity Development Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the design of the project.
4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single-family dwelling units with no intensification of development.
20.90.050 Open Space and Recreation District: SP-7 (OSR).
C 5. Any other accessory use or structure which the Dlanning Dire Community Development Director finds consistent with the purpose and intent of this district.
2.90.060 Residential Equestrian District: SP-7 (REQ).
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D 9 Any other accessory use or structure which the DlanniRg Dore +^ Community Development Director finds consistent with the purpose and intent of this District.
20.90.070 Residential Kennel District: SP-7 (RK).
D 9. Any other accessory use or structure which the DlaRRiR^ Dire Community Development Director finds consistent with the purpose and intent of this district.
F. 4 b iii Within those areas where fences and walls are limited to a maximum height of three and one-half 3 % feet per t#,-this Munie+pal Code.
G. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a commercial kennel may be approved administratively by the DlaRRin^ DiFe ^Community Development Director, and shall not require an acoustical analysis report per subsection (G)(2) of this section if all of the following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10) percent from that shown on the current plot plan;
b. The proposed change does not increase the number of dog runs from that shown on the current plot plan;
c. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does not provide for any additional accessory uses;
d. The proposed change is consistent with the setback standards for kennel facilities as set out in subsection (F) of this section; and
e. The proposed change satisfies the required findings for use permits in Part 5 of this title.
2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise generating potential of the proposed project and proposed attenuation measures to assure compliance with Chapter 10.26 (Community Noise Control). The report shall be prepared by a City -approved acoustical consultant and submitted to the BUOI IOR Dore *^ Community Development Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project.
20.90.080 Residential Single -Family District: SP-7 (RSF).
D 7 a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds and not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards:
pens, cages, and other structures specifically for the keeping of animals other than in the residence shall be located at least twenty-five (25) feet from any residential window located on an adjoining building site.
Exceptions to the above may be provided for by a use permit approved by the Wang DiFeeteFCommunity Development Director.
b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ); provided, that no horse shall be permitted on a building site containing less than ten SS2-464
thousand (10,000) square feet of land area, and pens, cages, and other structures specifically for the keeping of horses shall be located at least fifty (50) feet from any residential window located on an adjoining building site. One or two adult horses are permitted on a building site containing between ten thousand (10,000) and fifteen thousand (15,000) square feet of land area. One additional adult horse may be kept for each additional ten thousand (10,000) square feet, with a maximum of sixes horses on any one building site. The offspring of such animals shall be considered adults when eighth months old.
Exceptions to the above may be provided for via a use permit approved by the Planning DiFeeteFCommunity Development Director.
D 9. Any other accessory use or structure which the Dlanning Dore Community Development Director finds consistent with the purpose and intent of this district.
20.90.090 Residential Multiple -Family District: SP-7 (RMF).
D 7. Any other accessory use or structure which the DlaRRiRg Dire *^ Community Development Director finds consistent with the purpose and intent of this district.
20.90.100 Horticultural Nursery District: SP-7 (HN).
D 4. Any other accessory uses or structures which the DIaRRiRg DirecterCommunity Development Director finds consistent with the purpose and intent of this district.
20.90.110 General Commercial District: SP-7 (GC).
D 4. Any other accessory uses or structures which the DIaRRiRg DireeterCommunity Development Director finds consistent with the purpose and intent of this district.
F 11 a v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants.
They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two feet within eighteen (18) months after initial installation. Permanent watering facilities shall be provided. If, eighteen (18) months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the PlaRning DirecterCommunity Development Director shall require that either walls, berms, or a solid fence be installed.
20.90.120 Business Park District: SP-7 (BP).
C 2. The following additional temporary uses are permitted subject to approval of a limited term permit per Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of five hundred dollars ($500.00) for each temporary structure shall be posted with the Dlanning DirecterCommunity Development Director to guarantee the removal of each temporary structure upon the expiration of the use permit. b. Commercial coaches serving as temporary office space. A cash bond in the amount of five hundred dollars ($500.00) for each commercial coach unit shall be posted with the PlanniRg O;FeCtE)FCommunity Development Director to guarantee the removal of each commercial coach unit upon expiration of the use permit.
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c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a minor use permit. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.40 and the site development standards contained in this section.
d. Any other uses which the DlanniR^ Dore Community Development Director finds consistent with the purpose and intent of this District.
C 4 f. Any use which the D1a^^i^^ DiFe ^Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.
C 6 a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at sixes feet in height along the side property line and at eight (8) feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District, an eight -foot -high wall shall be required. In addition, a front wall or fence may be required at the discretion of the Dlanning DiFeet^FCommunity Development Director. Fence or wall materials and height shall be subject to approval at the discretion of the D1a^^O^^ Dire Community Development Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited.
D 5. Any other accessory use or structure which the D1a^^i^^ Dire Community Development Director finds consistent with the purpose and intent of this district.
E 11. Any use which the oi-,^^iRg DiFeCtapCommunity Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare.
20.90.130 Professional and Administrative Office District: SP-7 (PA).
D 3. Accessory uses and structures which the D1a^^i^^ DiFe ^Community Development Director finds consistent with the purpose and intent of this district.
20.90.170 Fire Facility Overlay District: (FF).
C 3 b. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the D1a^^O^^ DiFe ^Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The D1a^^i^^ DiFeGt^FCommunity Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
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Chapters:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV, OG)
21.22 Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St., MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H) Part 3. Site Planning and Development Standards
21.30 Property Development Standards
21.30A
Public Access and Recreation
21.30B
Habitat Protection
21.30C
Harbor and Bay Regulations
r. nsf.,rdahie u.,usi.,rt
21.34 21.35
nvprrenn or Dprnnletinn of
Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off -Street Parking
21.44 Transportation and Circulation
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
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21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions Part 6. Implementation Plan Administration
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Definitions
21.70 Definitions
Part 8. Maps
21.80 Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
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Chapter 21.10
PURPOSE AND APPLICABILITY OF THE IMPLEMENTATION PLAN
21.10.030 Authority —Relationship to Coastal Land Use Plan.
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850 et seq. of the Galifernia Cal. Gov.ernment Code, Division 20 of the Cal. Pub.4e Resources Code (California Coastal Act), and T'rrci-cl4 CCR; DiVwSieR 5.5Section 13001 et seq. ^f+"hf r. is C-,' Cede f Re&E:„lati ,Rs (California Coastal Commission Regulations).
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Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
21.16.060 Additional Permits and Approvals May Be Required.
A. 1 Other provisions of the M Riewpalthis Code (e.g., conditional use permits, minor use permits, limited - term permits, site development review, zoning clearances, building permits, grading permits, other construction permits, live entertainment permit, or a business license); or SS2-4 70
Chapter 21.18
RESIDENTIAL COASTAL ZONING DISTRICT (R-A, R-1, R-BI, R-2, AND RM) TABLE 21.18-4 Notes
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with GeVeFRPReRt Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to GeVeFRFReRt Cal. Gov.
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards.
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Chapter 21.22
MIXED -USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15T" ST., MU-W1, MU-W2) TABLE 21.22-3 Notes
(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with GeVeFRPReRt Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to GeVeFRFReRt Cal. Gov.
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards.
TABLE 21.22-4 Notes
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and moderate -income households and senior citizens in compliance with GeveFRPReRt Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov.;z Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable Local Coastal Program policies and development standards.
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Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS)
21.26.045 Planned Community Coastal Zoning District Land Uses.
C 2 Subject to approval of the DlaRRiRg Pure +^ Community Development Director after a determination that the parking provided is adequate to serve demand and that the uses will not adversely impact other land uses in the area.
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Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C AND H)
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
A 1. Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile Home Parks Act (Cal. Health ate& Safety Code Section 18300) and the California Coastal Act (Cal. Pub.4e Resources Code Division 20).
C 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the Calif^rni-a Geyern.. ^.n*Cal. Gov. Code.
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Chapter 21.30
PROPERTY DEVELOPMENT STANDARDS
21.30.105 Cultural Resource Protection.
B 1 b. A site where evidence of potentially significant historical resources is found in an initial study conducted in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub.4e Resources Code Section 21000 et seq.).
B 5. Offer for Relocation of Historic Structure. Before issuance of a permit by the Building OiFeGterCommunity Development Director for the demolition of an historic structure the applicant shall first offer the structure for relocation by interested parties.
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Chapter 21.30A
PUBLIC ACCESS AND RECREATION
21.30A.040 Determination of Public Access/Recreation Impacts.
B. 1 Land Use. The project's impact on use of private lands suitable for visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation and other priority uses specified in Q14APA a Cal. Pub.4e Resources Code Sections 30222 and 30223.
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Chapter 21.30B
HABITAT PROTECTION
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas. 1 Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland boundaries contained in 14 CCR Section 13577(b) of the Califernia CA -de ^{ Reg latiens D. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the C"'a Cal. Pub.4c- Resources Code (Coastal Act) and Section 21.30B.040(E)(2).
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Sects!
�C�TRT'frT.
zi.�a vie PuFpese.
21.34.020 A...,Ikabili+..
21.34:0-29 Exempt -ions.
W oepl.,..ernent of Affer.d-.hle Hosing
71 2A 01A D„rr.eee
The puFpese of this ch-,pteF as te•
71 2A 020 Apple .-,hill+..
a
afferdable
fellewing •
ef. eleven (11) eF Fn9Fe dwelling units located 6A tl.AvA_ A_.F MeFe struetu e--- � I
71 2A A2A ExemptieRs
The . A-f+hir chapter Shall Ret ply to the f.,lle,.,iRg.
Fablic rr'uisanee; e
(50) acFes, an aggFegate, ef pFivately ewned, vacant land awailable fer residential use within the City's 71 2/I Qr%Q DeplaGement of Affer.dahle HOUSing
e.n @ ene-fer one basis, unless the Directer H-P-tp-.rrn*nes that replacement is net fe-asible.
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Chapter 21.38
NONCONFORMING USES AND STRUCTURES
21.38.070 Landmark Structures.
D 3. Any permit required by other titles of the M RiGipa'this Code (other than this title) shall be obtained before the initiation or intensification of an accessory use of a landmark structure; SS2-480
Chapter 21.44
TRANSPORTATION AND CIRCULATION
21.44.045 Vacations and Abandonments.
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or abandonment pursuant to Cal. c+.-^^+-S High .,aysSts. & Hy. Code Sections 8300 through 8363 and by filing an application for a coastal development permit pursuant to Chapters 21.50 and 21.52.
21.44.055 Temporary Street Closures.
A. General. Temporary closing of portions of any street for celebrations, parades, local special events, and other purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the Cal. Veh.k e Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of no more than twenty-four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of the Police Chief eF his design^^, the closure is necessary to protect the public safety. In no event shall any street closure prevent or interfere with the public's access to the beach or bay.
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Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in r,'6{^:^" GE)VeFRPReRtCal. Gov. Code Sections 65852.2 and 65852.22 e+ �y-sW Ese sser stat�+te, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
B. 4 Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Q,'a—Cal.
Health aed-& Saf.ety Code Section 17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with r,'E{^P^" �^ ^�^^,^^*Cal. Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior standards, as applicable. (Ord. 2022-6 § 5, 2022) SS2-482
Chapter 21.49
WIRELESS TELECOMMUNICATIONS FACILITIES
21.49.030 Definitions.
R. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, streetlight, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to ��1°�Ra Cal. Pub. Util.4y Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard which is replaced with a new streetlight standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement streetlight standard.
21.49.050 General Development and Design Standards.
F 3 b. New or replacement vertical structures may be allowed when authorized by the Muniempa this Code and approved bythe Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within the area.
F 6 b i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of the MURi .,aphis Code.
Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view, may be incorporated. Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by the M nicipa this Code.
J 2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with the MURicipa4 his Code.
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Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
TABLE 21.50-1 Notes
(7) All development on tidelands, submerged lands, and public trust lands as described in Eal+fePi;; PublieCal. Pub. Resources Code Section 30519(b) and in deferred certification areas designated by the Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City.
21.50.025 Projects Bisected by Jurisdictional Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is located within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal development permits are required by both the City and the Coastal Commission. Alternatively, if the applicant, the City and the Coastal Commission agree, the Coastal Commission can process a consolidated coastal development permit application pursuant to the procedures in Cal. Pub.4e Resources Code; Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of the City and another local government, the applicant must obtain separate coastal permits from each jurisdiction. An exception is possible for public agencies that, pursuant to Califemia Cal. Pub.ie Resources Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued coastal permits.
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Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Cal. Pub.i e Resources Code) as amended, in accordance with the City's Local Coastal Land Use Plan and the City's Local Coastal Program.
The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a proposal in the City's permitting jurisdiction constitutes development and whether or not that development requires a coastal development permit or is exempt. No provision contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations.
21.52.015 Coastal Development Permits.
B 1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Cal. Pub.4- Resources Code Section 30519(b) and in deferred certification areas designated by the certified Local Coastal Program require a permit or exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of T41e-14 Califemia CCR Cal G-^01^ Of °^^=Ula:* E)^S Section 13570, a notice of its final action shall be sent, by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope to the City. Such notice shall be accompanied by a copy of the exemption, denial, or coastal development permit approval with conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission.
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
C. Coastal Act Exemptions. Developments not located within the Coastal Commission's permit jurisdiction determined to be exempt from the coastal development permit requirements pursuant to California Cal.
Pub. Resources Code Section 30610. The following types of projects shall be so exempted unless they involve a risk of adverse environmental effects:
C 1 d i. An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to r-,i*fn-.r i-, P1-1 Cal. Pub. Resources Code Section 30610(a) and/or this subsection.
C 2 d i. An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to CalifeFRia Pu Cal. Pub. Resources Code Section 30610(a) and/or this subsection.
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C 4 d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Cali{^" ^" °-,""^Cal. Pub. Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.
C 7. Time -Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Cal. Bus.iness and& Prof.essmens Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this part, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple -unit residential structure into condominiums, as defined in Section 783 of the Cal. Civ_4 Code, shall not be considered a time-share project, estate, or use for purposes of this subsection.
C 8. Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes.
21.52.045 Categorical Exclusions.
A. Post -Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion after certification of this Implementation Plan pursuant to Cal. Pub. Resources Code Sections 30610(e) or 30610.5 of the o-i"ii,. Re s r and 14 CCR Gal. G- ,d .,f Regs Title 14 DovirOAA q � Chapter c Sections
13215 et seq.-�5-and 14 CCR Section 240 et seq-249). Records of such categorical exclusions shall be kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five (5) businessg days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project are obtained. A copy of all terms and conditions imposed by the City shall be provided to the Coastal Commission, per 14 CCR G-al r ,_ Af Begs Section 13315-4
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and 14 CCR Calif Fnia GA -de of R „lati nsCal C-Ad G o Section 13574:
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Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
21.54.030 Effective Date of Permits —Notice of Final Action.
B. Notice of Final Action. Final City action on permits for sites located within the City's coastal zone shall be documented by the notice of final local action which the City sends to the Coastal Commission within seven days of the City's final action on a CDP application and compliance with-T#4e 14 G__;Af rn;-, C-A-Ple A Reg CCR Ca' CU^d^ ^f Rgg� Section 13570.
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Chapter 21.64
APPEALS AND CALLS FOR REVIEW
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development as defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with this section and Title 14 California CA -de „f o,,,.ulatiE)RsCCR Cal rode f Regs. Sections 13111 through 13120 and Seetien 30603 Af +h Coastal Act Section 30603. If there is any conflict between the provisions of this section or Title 14 Galif,,, nia Gee f o,,,.ulatiensCCR Gal 'wide of Regs Sections 13111 through 13120 and Section 30603 of the Coastal Act, T le-14 r ,';f^r^;a C-^d^ of Regul ,+;^^-CCR Gal GA -de of Qo^� Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
A. Appealable Development —Cal. Pub.4e Resources Code Section 30603(a). A decision by the City on a coastal development permit application within the appeal areas identified in Cal. Pub.4e Resources Code Section 30603(a) as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development approved or denied by the City on a coastal development permit application for a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission.
B 1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two members of the Coastal Commission in compliance with Cal. Pub.4e Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub.4e Resources Code Section 30801, an aggrieved person is any who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either.
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on a coastal development permit application to the Coastal Commission only after exhausting all appeals to the Planning Commission and Council in compliance with this chapter. Exhaustion of all local appeals shall not apply to any circumstance identified in G-al redo of Reg.. r„lati ns14 CCR Section 13573(a), including, but not limited to, the following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter because City notice and hearing procedures did not comply with Title 14; DivisieR < < ChapteF 4 Sybehapte 2 nFtie' 1:7 ef+h ra'ife-Fria r d .,f Reg latiCCR Section 13573Ga1 r.,,d Aef Reg .; or
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR Ca' Cede of Reg�ulatiens Section 13573(b), there shall be no requirement of exhaustion of local appeals when an appeal of a City decision is filed by two members of the Coastal Commission in compliance with Cal. Pub.4e Resources Code Section 30625. Notice of a Coastal Commissioners' appeal shall be transmitted to the City in compliance with T41e-14 C--'*f.,. n*-;l r--,' r-^,d^ .,f Begs CCR Section 13111(d). The Director may transmit the Commissioners' appeal to the local appellate body (which considers appeals from the local body that rendered the final decisions subject to the Commissioner appeal), and the Commissioners' appeal may be suspended pending a decision on the SS2-488
merits by that local appellate body. If the final action by an appellate body modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.
D. Grounds for Appeal to Coastal Commission —Cal. Pub.4e Resources Code Section 30603. The grounds for an appeal to the Coastal Commission of a City final action on a coastal development permit application are as follows:
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Chapter 21.68
ENFORCEMENT
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this chapter, the provisions of Cal. Pub. Resources Code Division 20, Chapter 9 ^{ Divisien '^ ^{ *"^ Puh Resources C-^d'^ shall also apply with respect to violations and enforcement and the City and the Commission shall have the enforcement powers described therein.
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Chapter 21.70
DEFINITIONS
21.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Implementation Plan that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of the MURiGipa this Code, these definitions shall control for the purposes of this Implementation Plan. If a word is not defined in this part, or elsewhere in this Implementation Plan, the most common dictionary definition is presumed to be correct.
21.70.020 Definitions of Specialized Terms and Phrases. "Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either (Cal. Pub. -Resources Code Section 30801).
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine —package store) or License Type 21 (off -sale general —package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use.
Illustrative examples include r^^ ^^ ^^r^ markets, drug stores, grocery stores, and supermarkets, but do not include convenience markets.
"Review authority" means the individual or official City or State body identified by this Implementation Plan as having the responsibility and authority to review and approve or disapprove ministerial and discretionary permit applications described in this Implementation Plan. Includes the Newport Beach City Council ("Council"), the Planning Commission ("Commission"), the Planning DireGtorCommunity Development Director ("Director"), the Zoning Administrator ("Zoning Administrator"), the Community Development Department ("Department"), the City Traffic Engineer, the Public Works Director and the California Coastal Commission ("Coastal Commission").
Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR rolife-Mia Code of o „latiensCal Code of Regs. Title 14, Section 671 (Importation, Transportation and Possession of Live Restricted Animals).
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"Area median income" means the median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the 25 CCR r,' Qlffif^"^" erode of Reg latiE)^S T'*'^ Section 6932 (er its successer PFEWiSiOR).
"California Environmental Quality Act (CEQA)" means a State law (CA"tea-Cal. Pub. Resources Code Section 21000 et seq.).
"Categorical exclusion area" means that portion of the coastal zone within an exclusion area boundary adopted in compliance with the California Coastal Act (Cal. Pub.4e Resources Code Section 30000 et seq.). "Categorical exclusion order" means a decision issued by the California Coastal Commission in compliance with the Coastal Act (Cal. Pub.4e Resources Code Section 30610(e)), in which the Coastal Commission excludes certain categories of development from requirements to obtain coastal development permits from the Coastal Commission. A categorical exclusion order automatically terminates upon the effective date of the delegation of development review authority to a local government in compliance with 14 CA16a CCR Cal r,,,J^ ^f o^g.::Ul ,+;^^S Section 13249(b). "Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA Guidelinese 14, Galif9FRi , G-a' G-^d^ of o^g=„latiG s , an exemption from CEQA for a class of projects based on a finding by the Secretary of Resources that the class of projects does not have a significant effect on the environment.
"Coastal Commission" means the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Cal. Pub.4c- Resources Code Section 30000 et seq.) and for appellate review of decisions rendered by a City review authority.
"Coastal Commission exclusion areas" means the boundaries of the areas where a category of development, or a category of development within a specifically defined geographic area, is excluded from the coastal development permit requirements pursuant to Cal. Pub.4e Resources Code Section 30610, which shall be established by the terms and conditions applied to each categorical exclusion order by the Coastal Commission.
"Coastal Commission permit jurisdiction" means the boundaries of tidelands, submerged lands, and public trust lands described in Section 30519(b) of the Cal. Pub.4e Resources Code where the Coastal Commission retains permit jurisdiction.
"Coastal -dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from Califernia Cal. Pub.4e Resources Code Section 30101).
"Coastal development permit (CDP)" means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Cal. Pubk.+E_-Resources Code Section 30600. "Coastal -related development or use" means any development or use that is dependent on a coastal - dependent development or use (from Ga1°�ria-Cal. Pub.4e Resources Code Section 30101.3).
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"Coastal zone" means the geographic zone adjacent to the shoreline, the land and water area boundaries of which are determined by the California Coastal Act of 1976, as amended (Cal. Pub.4e Resources Code Section 30000 et seq.).
"Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in C;;NfArmma-Cal. Civ.4 Code Section 1351.
"Density bonus" means, as defined by Cal. Gov.;t Code Section 65915 et seq., an increase over the maximum density otherwise allowed by the applicable zoning district that is granted to the owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units that are affordable to very low- and low-income households. See "Very low-income household" and "Low- ice- ITOMI:1C�1i
"Development" means on land, in or under water, the placement or erection of solid material or a structure; discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of materials; change in the density or intensity of use of land, including, but not limited to, subdivision in compliance with the Subdivision Map Act (commencing with GE)VeFRFnePA-CaI. Gov. Code Section 66410), and another division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of a structure, including a facility of a private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes and kelp harvesting.
"Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in S^Cti^^ ^f the G-"'if^r""' Cal. Health ate& Safety Code Section 17958.11 nr _nn. curcesserstatute.
2. A manufactured home, as defined in S^Cti^^ 18007 f the Galif9FRia Cal. Health ate& Safety Code Section 18007, ^. _ _______.�e
"Emergency" means any sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or essential public services as used in Cal. Pub.4e Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health &ate Saf.ety Code Section 50801(e), a facility with minimal supportive services for homeless persons. "Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub.4e Resources Code Section 30107.5 means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
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"Explosives" means a substance defined as an explosive by Cal. Health ate& Saf.et-y Code Section 12000 et seq., and for which a permit is required by the Cal. Health ate& Sate-ty Code. See also "Hazardous materials"
"General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov.eFRFReRR Code Section 65300 et seq., and referred to in this Implementation Plan as the "General Plan"
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.;t Code Section 66410 et seq.), that is used to complete the subdivision of five f5or more lots. See also "Parcel map" and "Tentative map"
"Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. GOV.GOVeFRFReRt Code Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed.
"Major energy facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one hundred thousand dollars ($100,000) in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Cal. Eal+ferie Public Pub. Resources Code Section 30610, 30610.5, 30611 or 30624.
"MURiCipakCode" means the Newport Beach Municipal Code of the City of ni,,,.,pen Beach, as ameRd � "Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal.
Gevernrnep,t-Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four f4or fewer lots. See also "Final map" and "Tentative map."
Parks and Recreational Facilities (Land Use).
2. "Recreation, passive" means a type of outdoor recreation or activity that can be carried out with little alteration or improvement to existing topography of a site, with the use of existing natural resources, and with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird -watching, picnicking, etc.).
Parolee -Probationer. A parolee -probationer includes: (1) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (2) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal. Pen.a4 Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer. For the purposes of this definition, "felony" means a felony as defined by any California or United States statute.
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"Public trust lands" means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (14 QUAFROa—CCR C;;l -C-Ade A Regulatiens Section 13577). See "Submerged lands" and "Tidelands." "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.4 Code Section 51.3(b)(4). "Specific plan" means, under Cal. GeveFnment Gov. Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). "Subdivision" means 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 SUbdi,,,S;^^ (P) of SeCtiO., 1291 Af rho, Cal. Civ.4 Code Section 1351 (f), a community apartment project, as defined in subdivision (D) of Seetrien 2ef the -Cal. Civ_4 Code Section 1351 (D), or the conversion of five for more existing dwelling units to a stock cooperative, as defined in subdiv sie.. (""` ^f S CtiE , 1351of the Cal. Civ.4 Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map Act.] "Subdivision Map Act" means Division 2, Title 7 of the CalifeFnia Cal. GeveFnment Gov. Code, commencing with Section 66410 as amended, regarding the subdivision of real property. "Submerged lands" means lands that lie below the line of mean low tide (14 CCR fr.,M Calife-Mi^ Cal Cede of Re ulatiens Section 13577). See "Public trust lands." "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined by Seetian 53260( d) of the Q'ifer.,ia Cal. Health ate& Safety-Saf. Code Section 53260 d , and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi- family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this Code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal.
Gevernrnep,t-Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also "Final map" and "Parcel map." "Tidelands" means lands that are located between the lines of mean high tide and mean low tide (14 CCR fre.,, Calif rnia Gal r d of Regulations oegs Section 13577). See "Public trust lands." SS2-495
Visitor Accommodations (Land Use).
4. "Hotel" means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Revenue and Taxatie^Rev. & Tax. Code Section 7280.
5. "Motel" means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. Reve-Rue -,nd Taxatie^Rev. & Tax. Code Section 7280.
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ATTACHMENT B
TAXICAB REGULATIONS
1. APPLICATION
1.1. These Regulations apply to all Taxicab Businesses that are Substantially Located in the City, and its affiliated Drivers and Taxicabs.
1.2. These Regulations are supplemental to Chapter 5.17 of the Municipal Code.
2. DEFINITIONS
2.1. "ASE" means the National Institute for Automotive Service Excellence.
2.2. "Advertisement" means the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting Taxicab services subject to these Regulations.
2.3. "BAR" means the Bureau of Automotive Repair.
2.4. "City" means the City of Newport Beach.
2.5. "DOX' means the Department of Justice of the United States of America.
2.6. "Driver" means a person who drives or controls the movements of a taxicab.
2.7. "DMV" shall mean the California Department of Motor Vehicles.
2.8. "DOT" shall mean the U.S. Department of Transportation.
2.9. "Municipal Code" means the City of Newport Beach Municipal Code.
2.10. "Owner" means a person who is registered with the DMV as the owner of a vehicle used as a taxicab, or who has a legal right to possession or control of such vehicle pursuant to a lease or other agreement. The act of any driver of a vehicle used as a taxicab shall be deemed an act of the owner.
2.11. "Permittee" means a Person that holds a valid Taxicab Business Permit, and includes its officers, management, employees, drivers, volunteers, agents, leaseholders, and owner -operators, jointly and severally.
2.12. "Person" "person" means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States, this State, any county, city and county, municipality, district, or other political subdivision of the State, or any other group or combination acting as a unit.
2.13. "Prearranged Trip" means a trip using an online enabled application, dispatch, or Internet website.
2.14. "Regulations" means these regulations.
2.15. "Regulatory Authority" means the County of Orange and any city within Orange County where a taxicab business is substantially located.
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2.16. "Substantially Located" means either of the following: the city or county where a Taxicab Business is primary located; or, the city or county where the total number of prearranged and non -prearranged trips that originate account for the largest share of the Taxicab Business's total number of trips over the previous calendar year as determined annually.
2.17. "Taxicab" means a vehicle capable of carrying no more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the California Public Utilities Commission, a rideshare as defined in Veh.
Code Section 522, or any other vehicle operating under the authority of any state agency, including the California Public Utilities Commission.
2.18. "Taxicab Business" means any enterprise, whether carried on for profit or otherwise, that operates Taxicabs.
2.19. "Taxicab Business Permit" means a valid permit issued by the City authorizing a Person to operate a Taxicab Business.
2.20. "Taxicab Driver's Permit" means a valid permit issued by the City authorizing a person to drive or control the movements of a Taxicab.
2.21. "Taxicab Vehicle Permit" means a valid permit issued by the City authorizing a particular vehicle to be operated as a Taxicab.
2.22. "Taximeter" means a fully operational device with current and intact seals or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, that complies with Business and Professions Code Section 12500.5 and with all regulations established pursuant to Business and Professions Code Section 12107.
3. GENERAL RULES AND REQUIREMENTS
3.1. Permittee. A Permittee shall:
3.1.1. Be responsible for all Taxicabs under its possession, custody control, or driven on Permittee's behalf or for its benefit;
3.1.2. Be responsible for the acts or omissions of all Drivers while they operate a Taxicab on Permittee's behalf, under its authority, or for its benefit;
3.1.3. Ensure all Taxicabs are driven only by Persons with a Taxicab Driver's Permit;
3.1.4. Notify the City within two (2) calendar days of an affiliated Driver who becomes unqualified or unauthorized to drive a Taxicab, or upon termination of employment or affiliation with a Driver;
3.1.5. Maintain all programs and requirements for receiving a Taxicab Business Permit;
3.1.6. Verify the continuous enrollment of affiliated Drivers in Permittee's drug and alcohol testing program and DMV Pull Notice program;
3.1.7. Cooperate fully with City staff and law enforcement; 2 SS2-498
3.1.8. Notify the City within two (2) calendar days when vehicles are removed from service and surrender Taxicab Vehicle Permits in accordance with these Regulations;
3.1.9. Maintain reasonable financial responsibility to conduct Taxicab transportation services in accordance with these regulations;
3.1.10. Maintain a safety education and training program in effect for all Drivers, whether employees or contractors;
3.1.11. Maintain a disabled access education and training program to instruct Drivers on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal;
3.1.12. Disclose fares, fees, and rates to the customer on its internet website, mobile telephone application, or telephone orders, upon request;
3.1.13. Maintain and keep records, logs, or receipts of vehicle maintenance for all Taxicabs issued a Taxicab Vehicle Permit, showing that the Taxicab is maintained in accordance with the service standards recommended by the vehicle manufacturer, and making such records available to the City upon request;
3.1.14. Collect data that demonstrates the total number of prearranged and non - prearranged trips that originate within a particular local jurisdiction for the purpose of determining where that Taxicab company is substantially located, and provide that data promptly and in a format acceptable to the City upon request during regular business hours; and
3.1.15. Ensure compliance of its Taxicab Business with all applicable federal, state, and local laws, rules and regulations.
3.2. Drivers. A Driver shall:
3.2.1. Be responsible for the operation of a Taxicab under its possession, custody, or control;
3.2.2. Possess and display at all times while a Taxicab is in operation a valid Taxicab Driver's Permit issued to that Driver which identifies the Permittee;
3.2.3. Display its Taxicab Driver's Permit on the passenger side area of the dashboard of the Taxicab in a manner that is easily viewable from inside or outside of the Taxicab, except that the driver's license number may be covered by a removable label, if desired;
3.2.4. Affix its Taxicab Driver's Permit to the Taxicab in a way that makes it easily removable by the Driver to provide to law enforcement or code enforcement upon request;
3.2.5. Maintain its Taxicab Driver's Permit free from alterations, defacement or damage, excepting normal wear and tear that does not render it illegible; 3 SS2-499
3.3. 3.2.6. Not display another Person's driver's permit, nor allow another Person to use their Taxicab Driver's Permit;
3.2.7. Not operate a Taxicab without a valid Taxicab Vehicle Permit issued for that Taxicab;
3.2.8. Not operate a Taxicab that does not meet all requirements of these Regulations;
3.2.9. Not carry more passengers in the Taxicab than authorized by the manufacturer's recommendations;
3.2.10. Ensure operational seat belts are available for all passengers;
3.2.11. Not leave the Taxicab to solicit passengers;
3.2.12. Maintain the passenger compartment in a clean and sanitary condition;
3.2.13. Not charge fares higher than those disclosed to the customer, and not in contravention of these Regulations or in an amount that exceeds the maximum established by the City;
3.2.14. Only carry a passenger to the destination by the most direct and accessible route;
3.2.15. Provide a receipt for the amount charged upon request of the person paying the fare, which contains the Driver's name and Taxicab Driver's Permit number, telephone number, Permittee's name, charge amount, date, and time of transaction;
3.2.16. Comply with the minimum requirements for the mandatory exchange of information established in Veh. Code Section 16025 in the event of an automobile accident;
3.2.17. Continuously operate the Taximeter at any time that the Driver is carrying a customer;
3.2.18. Cooperate with the Permittee, code enforcement, and law enforcement to ensure compliance with law, including random testing of Drivers and Taxicab inspections; and
3.2.19. Operate the Taxicab in accordance with all applicable law, including these Regulations, and with due regard for the safety, comfort, and convenience of passengers and the general public.
Taxicabs. An Owner, Driver, and Permittee shall be jointly and severally responsible to ensure that a Taxicab:
3.3.1. Displays its Taxicab Vehicle Permit as required by these Regulations at all times while the Taxicab is being operated;
3.3.2. Meets the requirements of the Veh. Code, including, but not limited to, Veh. Code Section 24000, et seq;
3.3.3. Equals or exceed the standards set forth in these Regulations at all times;
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3.3.4. Carries at all times evidence of financial responsibility pursuant to Veh.
Code Sections 16020 through 16028;
3.3.5. Carries at all times valid and current vehicle registration pursuant to Veh.
Code Section 4462, showing that the Taxicab is registered as a commercial vehicle pursuant to Veh. Code Section 260;
3.3.6. Displays the Permittee's name and logo, if any, in an area visible from the interior and exterior of the Taxicab at all times while in service and when soliciting passengers on behalf of Permittee;
3.3.7. Displays the Permittee's name and logo, and the number by which the Taxicab is designated, conspicuously on the outside of each Taxicab by print, stamp, or stencil;
3.3.8. Be equipped to seat no more than eight (8) passengers, excluding the Driver; and
3.3.9. For on -demand (flagged) trips, possess a fully operational Taximeter.
4. FARES
4.1. Maximum Fare. A Permittee may set fares or charge a flat rate for Prearranged Trips. The metered rates for on -demand (flagged) trips shall not exceed those set forth in Attachment A.
4.2. Calculating Fares. A Permittee may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Business and Professions Code Section 12500.5, and with all regulations established pursuant to Business and Professions Code Section 12107.
4.3. Disclosure of Fares. A Permittee shall disclose fares, fees, or rates to the customer. A Permittee may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or telephone orders upon request by the customer.
4.4. Notification of Rate. A Permittee shall ensure the applicable rate is disclosed to a passenger prior to the passenger accepting a ride for walkup rides and street hails. The rate may be provided on the exterior of the Taxicab, within an application of a mobile telephone, device, or other Internet -connected device, or be clearly visible in either print or electronic form inside the Taxicab.
5. FEES
5.1. Fees. The City shall recover its costs incurred in the administration of these Regulations by the adoption of a schedule of fees included in the City's Schedule of Rents, Fines, and Fees.
5.2. Refund Policy. There shall be no refund of any portion of the fees described in these Regulations.
5 SS2-501
6. TAXICAB BUSINESS PERMITS
6.1. Permit Required. No Person shall operate a Taxicab Business that is Substantially Located in the City without having first obtained a Taxicab Business Permit.
6.2. Term. A Taxicab Business Permit shall expire five (5) years from its effective date, unless renewed or revoked.
6.3. Issuance. A Taxicab Business Permit shall be issued by the City if all of the following requirements have been satisfied.
6.3.1. Submission of a complete application package.
6.3.2. Submission of a copy of a drug and alcohol policy that complies with 49 Code of Federal Regulations Part 40 (Section 40.1 et seq.) and Part 382 (Section 382.101 et seq.) and Gov. Code Section 53075.5 for all Drivers and meeting the following requirements:
6.3.2.1. A contract with a drug and alcohol program administrator and authorized lab certified by the DOT;
6.3.2.2. Procedures in substantial compliance with Part 40 of Title 49 of the Code of Federal Regulations, for preemployment or pre -licensing and licensing renewal;
6.3.2.3. Procedures in substantial compliance with Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return - to -duty and follow up testing;
6.3.2.4. Procedures and components for random testing following DOT guidelines, annual minimum random testing rates, and additional tests as required following accidents, rehabilitation, return -to -service, and other circumstances providing
reasonable suspicion to test;
6.3.2.5. When requested, random testing reports to be made available to the City by the program administrator;
6.3.2.6. The applicant's and program administrator's records shall be made available to the City upon request within two (2)
calendar days;
6.3.2.7. The test results must be provided to the City by the testing facility; and
6.3.2.8. Drivers must show a valid California driver license at the time and place of testing.
6.3.3. Submission of proof of insurance in the type and amounts required by the City, including endorsements and waivers as may be required by the City Risk Manager, but in no event less than the minimum coverage required by Gov. Code Section 16500, as may be amended. 0 SS2-502
6.3.4. Submission of a DMV Pull Notice Program Requester Code Number issued to applicant, as defined in Veh. Code Section 1808.1, continuous enrollment in the Pull Notice program, and the following:
6.3.4.1. All Drivers must be enrolled in the program within seven (7) calendar days from inception of the program or date of
affiliation;
6.3.4.2. Notify the City upon receipt of a DMV Pull Notice for any Driver that indicates an action that disqualifies the Driver for a Taxicab Driver's Permit;
6.3.4.3. Require the Driver to immediately cease operation and surrender their Taxicab Driver's Permit, and return the Taxicab Driver's Permit to the City within two (2) calendar days of a DMV Pull Notice receipt; and
6.3.4.4. DMV Pull Notice records shall be made available to the City within two (2) calendar days of request.
6.3.5. Submission of proof of current DMV registration for each Taxicab listed in the Taxicab Business Permit application, which complies with the registration requirements set forth in these Regulations.
6.3.6. Submission of proof of completion of a DOJ background check with Live Scan fingerprinting at an approved DOJ finger printing agency for each owner, partner, or principal of the applicant, the results of which shall not contravene the requirements of these Regulations.
6.3.7. Submission of proof of enrollment in the DOJ subsequent arrest notification program.
6.3.8. Submission of a list of all Drivers authorized to operate Permittee's Taxicabs.
6.3.9. Payment of all applicable fees.
6.3.10. Identification of the principal place of business from which Taxicab Business is, or will be, conducted.
6.3.11. There are no grounds for denial of a Taxicab Business Permit as outlined in these Regulations.
6.4. Denial. A Taxicab Business Permit application shall be denied on any of the grounds set forth in this section.
6.4.1. The applicant is less than 18 years of age.
6.4.2. The applicant falsifies material information on its application.
6.4.3. The applicant does not meet the additional eligibility standards in Section 9 of these Regulations.
6.4.4. The applicant fails to fully satisfy any court judgment entered against it arising from liability for operating a Taxicab Business, including, but not limited to, judgments related to collisions or operating without the SS2-503
requisite insurance, within ten (10) years from the date that the judgment was originally entered pursuant to Code of Civil Procedure Sections 683.020 and 683.030, or if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to Code of Civil Procedure Section 683.120.
6.5. Suspension or Revocation.
6.5.1. A Taxicab Business Permit may be suspended or revoked for any of the following reasons:
6.5.1.1. Providing late, false, or inaccurate information in the application;
6.5.1.2. Allowing operation of a Taxicab by a Person not possessing a valid Taxicab Driver's Permit;
6.5.1.3. Charging fares at a rate higher than the maximum authorized;
6.5.1.4. Failure to cooperate in good faith with law enforcement officers, code enforcement officers, or City staff;
6.5.1.5. Failure to maintain insurance as required by these Regulations;
6.5.1.6. Failure to comply with the drug and alcohol policy required by these Regulations;
6.5.1.7. Failing to fully satisfy any court judgment entered against the Permittee arising from liability for operating Taxicabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within ten (10) years from the date that the judgment was originally entered
pursuant to Code of Civil Procedure Sections 683.020 and 683.030 or, if the judgment has been renewed, within ten (10) years from the date that the application for renewal of judgment is filed pursuant to Code of Civil Procedure Section 683.120;
6.5.1.8. Circumstances providing grounds for denial of a Taxicab Business Permit as outlined in these Regulations;
6.5.1.9. Violating Gov. Code Section 53075.9 pertaining to advertising; or
6.5.1.10. Failure to comply with these Regulations.
6.5.2. The period of suspension shall be one (1) year from the date all operation
of Taxicab Business Substantially Located in the City has ceased in
compliance with the suspension.
6.5.3. A Person
whose Taxicab Business Permit is revoked shall be ineligible to apply for a Taxicab Business Permit for two (2) years from the date 0 SS2-504
all operations of a Taxicab Business Substantially Located in the City have ceased in compliance with the revocation.
6.5.4. It shall be the duty of the Taxicab Business to notify the City when operations have ceased in compliance with a suspension or revocation, or after the period of suspension or revocation has elapsed, provide adequate proof to the satisfaction of the City of the date that operations ceased in compliance with the suspension or revocation.
7. TAXICAB DRIVER'S PERMITS
7.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab Business that is Substantially Located in the City unless that person is operating on behalf of a Permittee and possesses a Taxicab Driver's Permit.
7.2. Term. A Taxicab Driver's Permit shall expire two (2) years from its effective date, unless renewed or revoked.
7.3. Restrictions. A Taxicab Driver's Permit is only valid for the Driver to operate a Taxicab for the Permittee indicated on the Taxicab Driver's Permit. Reproduction of a Taxicab Driver's Permit is strictly prohibited, except that a Permittee may copy a Taxicab Driver's Permit for recordkeeping purposes. A Taxicab Driver's Permit shall list the name of the Permittee.
7.4. Issuance. A Taxicab Driver's Permit shall be issued if all of the following requirements have been satisfied:
7.4.1. Submission of a complete application, including signature of the Permittee the Driver is employed, has an offer of employment, or on whose behalf the Driver intends to operate a Taxicab;
7.4.2. Submission of proof of a valid California driver license (Class C);
7.4.3. Submission of a DMV K4 driver record report, or other equivalent DMV issued driver record report, which is no older than thirty (30) days prior to submission of the application for a Taxicab Driver's Permit, showing that the Driver is in compliance with these Regulations;
7.4.4. A negative drug and alcohol screening test administered by a Permittee's program administrator within the previous thirty (30) days in compliance with Gov. Code Section 53075.5(b)(3);
7.4.5. Proof of enrollment in a Permittee's current and active random drug and alcohol program;
7.4.6. Submission of proof of completion of a DOJ background check with Live Scan fingerprinting at an approved DOJ finger printing agency, the results of which shall not contravene the requirements of these Regulations;
7.4.7. Submission of proof of enrollment in the DOJ subsequent arrest notification program;
7.4.8. Payment of all applicable fees; and
0 SS2-505
7.4.9. There are no grounds for denial of a Taxicab Driver's Permit as set forth in these Regulations.
7.5. Denial. A Taxicab Driver's Permit shall be denied for any of the following reasons:
7.5.1. The applicant is less than 18 years of age;
7.5.2. The applicant does not possess a valid Class C California driver license;
7.5.3. The applicant fails to enroll in the required random drug and alcohol program;
7.5.4. The applicant failed a drug and/or alcohol test required by these Regulations within the prior twelve (12) months;
7.5.5. The applicant falsifies, or fails to disclose, material information on the application for a Taxicab Driver's Permit;
7.5.6. The applicant does not meet the additional eligibility standards in Section 9 of these Regulations; or
7.5.7. A DMV K4 report shows convictions in contravention of these Regulations, or shows a pattern of reckless or dangerous driving that poses an unreasonable risk to the health and safety of the public.
7.6. Suspension or Revocation.
7.6.1. A Taxicab Driver's Permit may be suspended or revoked for any of the reasons set forth below:
7.6.1.1. Revocation or suspension of a California driver license;
7.6.1.2. Notification received by the City that the Driver is no longer an authorized driver for its designated Permittee;
7.6.1.3. Testing positive on a drug and alcohol screening, or failure to submit to a random drug and alcohol testing program;
7.6.1.4. Not enrolled or active in the required random drug and alcohol program;
7.6.1.5. Failure to cooperate with law enforcement officers, code enforcement officers, or City staff;
7.6.1.6. Circumstances providing grounds for denial of a Taxicab Driver's Permit as set forth in these Regulations; or
7.6.1.7. Failure to comply with the applicable provisions of these Regulations.
7.6.2. The period of suspension shall be six (6) months from the date the Person has ceased all operations as a Driver for any Permittee in compliance with the suspension.
7.6.3. A Person whose Taxicab Driver's Permit is revoked shall be ineligible to apply for a Taxicab Driver's Permit for one (1) year from the date the 10 SS2-506
Person has ceased all operations as a Driver for any Permittee in compliance with the revocation.
7.6.4. It shall be the duty of the Driver or a Permittee to notify the City when the Driver has ceased operation of any Taxicab for a Permittee that is Substantially Located in the City in compliance with a suspension or revocation, or after the period of suspension or revocation has elapsed, provide adequate proof to the satisfaction of the City of the date that the Driver ceased operation of any Taxicab for a Permittee that is Substantially Located in the City in compliance with the suspension or revocation.
7.7. Transfer.
7.7.1. A Driver may request a transfer of its Taxicab Driver's Permit to a different Permittee if the following requirements have been met:
7.7.1.1. Submission of the required forms to transfer a Taxicab Driver's Permit which have been signed by an authorized representative of the prospective Permittee;
7.7.1.2. Payment of a Taxicab Driver's Permit transfer fee, if any;
7.7.1.3. Proof of possession of a valid Class C California driver license;
7.7.1.4. Possession of a valid Taxicab Driver's Permit to be transferred; and
7.7.1.5. Proof of verification of enrollment in the prospective Permittee's current and active random drug and alcohol
program.
7.7.2. A Driver shall not operate a Taxicab on behalf of a different Permittee until the Taxicab Driver's Permit is transferred to the intended Permittee, the new Taxicab Driver's Permit is in possession of the Driver, and the new Taxicab Driver's Permit is displayed as required by these Regulations.
7.7.3. Transfer of a Taxicab Driver's Permit shall not extend the term of the permit.
8. TAXICAB VEHICLE PERMITS
8.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab Business that is Substantially Located in the City without a Taxicab Vehicle Permit.
8.2. Term. A Taxicab Vehicle Permit shall expire one (1) year from its effective date, unless renewed or revoked.
8.3. DisplaV. A Taxicab Vehicle Permit must be displayed in the left-hand corner of the rear window of the Taxicab for which the Taxicab Vehicle Permit is issued.
8.4. Non -Transferrable. A Taxicab Vehicle Permit is nontransferable, and shall be issued only for one vehicle.
11 SS2-507
9. 8.5. Issuance. A Taxicab Vehicle Permit shall be issued for a vehicle if the following criteria are met:
8.5.1. The applicant for the Taxicab Vehicle Permit is a Permittee;
8.5.2. Submission of proof that the vehicle passed inspection at an ASE- certified or BAR -registered facility, no older than thirty (30) days prior to the application, signed by the inspecting facility, and showing that the vehicle has met all inspection standards;
8.5.3. Submission of proof of financial responsibility pursuant to Veh. Code Sections 16020 through 16028 that covers the vehicle; and
8.5.4. The vehicle is not designed or equipped to seat more than eight (8) passengers.
8.6. Suspension or Revocation.
8.6.1. A Taxicab Vehicle Permit may be suspended or revoked for any of the following reasons:
8.6.1.1. The Vehicle is determined by a law enforcement officer, code enforcement officer, or qualified City staff not to be in a safe operating condition, or in compliance with the Veh. Code;
8.6.1.2. The Vehicle is subject to impound or removal by law enforcement pursuant to state law;
8.6.1.3. Failure to cooperate with law enforcement officers, code enforcement officers, or City staff in the inspection of the Vehicle;
8.6.1.4. Failure to provide proof upon request by law enforcement, code enforcement, or City staff of financial responsibility pursuant to Veh. Code Sections 16020 through 16028 that covers the vehicle; or
8.6.1.5. Failure to comply with the applicable provisions of these Regulations.
8.6.2. The period of suspension shall be until satisfactory proof is presented to the City that the Taxicab successfully passed a new inspection as required by these Regulations, and that none of the reasons for suspension exist.
8.6.3. In the event a Taxicab cannot successfully pass inspection or cure any of the reasons for suspension, then the Taxicab Vehicle Permit shall be permanently revoked.
ADDITIONAL ELIGIBILITY STANDARDS
9.1. A Person shall not be eligible for a Taxicab Business Permit or a Taxicab Driver's Permit if the Person is convicted, pleads guilty, or nolo contendere in any state to any of the offenses listed in this section or their equivalent. 12 SS2-508
9.1.1. Penal Code. Pen. Code violations including homicide, mayhem, kidnapping, hostages, robbery, attempted murder, assault with intent to commit a felony, false imprisonment, human trafficking, assault and battery (Pen. Code Sections 187-248); rape, abduction, carnal abuse of children, pandering, pimping, and seduction (Pen. Code Sections 261- 269); child abduction (Pen. Code Sections 277-280); forgery or counterfeiting (Pen. Code §§470-483.5); false personation or cheats (Pen. Code Sections 528-539); or is required to register as a sex offender (Pen. Code Sections 290-294).
9.1.2. Vehicle Code Violations. Veh. Code violations including disregard for safety of persons or property (Veh. Code Sections 2800.2); flight from peace officer causing death or bodily injury (Veh. Code Section 2800.3); and violation of the duty to stop at scene of accident resulting in death or injury (Veh. Code Section 20001).
9.1.3. Felony Conviction for Controlled Substances. Any felony based on the manufacture, use, sale, possession, or transportation of controlled substances, including marijuana (Health & Saf. Code Sections 11000- 11651).
9.1.4. Felony Conviction for Weapon Offenses. Any felony based on the manufacture, use, sale, possession, or transportation of weapons, firearms or ammunition.
9.1.5. Other Felony Convictions in the Past Eight Years. Any felony conviction within the past eight (8) years other than those felonies expressly identified in this Section 9.
9.1.6. Other Vehicle Code Violations in the Past Five Years: Veh. Code violations within the past five (5) years including reckless driving (Veh.
Code Section 23103); driving under the influence of intoxicating liquors or drugs (Veh. Code Sections 23152-23229.1); flight from peace officer (Veh. Code Section 2800.1); violation of duty to stop at the scene of an accident not resulting in death or injury (Veh. Code Section 20001); violation of duty to stop at the scene of an accident where property is damaged (Veh. Code Section 20002); and violation of duty to give personal information when involved in an accident resulting in injury or death (Veh. Code Section 20003).
9.1.7. Misdemeanor Conviction Relevant to Fitness for a Taxicab Driver's Permit or Taxicab Business Permit in the Past Five Years. Any misdemeanor conviction in the past five (5) years substantially related to the fitness, qualifications, functions or responsibilities of a Taxicab Driver or Permittee.
10. ADVERTISING
10.1. Permittee. A Permittee shall ensure that its Taxicab Business Permit number is conspicuously visible in all Advertisements, as required by Gov. Code Section 53075.9. The Taxicab Business Permit number shall be displayed as "Newport 13 SS2-509
Beach Taxicab Business Permit #XXX". Advertisements must use the Permittee's name as it is listed on its Taxicab Business Permit.
10.2. Driver. Every Driver shall comply with Gov. Code §53075.9 and include, in every Advertisement for Taxicab services, the name of the Permittee, the Permittee's Taxicab Business Permit number, and the Taxicab Driver's Permit number.
11. PERMITS GENERALLY
11.1. Renewal of Permit.
11.1.1. An application for renewal of a permit subject to these Regulations shall be submitted to the City at least thirty (30) days prior to the expiration of the permit. Acceptance of late applications for renewal shall be at the City's discretion.
11.1.2. A permit that is more than thirty (30) days expired shall be ineligible for renewal.
11.1.3. A permit that is renewed shall continue for an additional period equal to the term of the original permit, commencing upon the expiration of the immediately preceding term.
11.1.4. A permit may be renewed if the following conditions are met:
11.1.4.1. Submission of the required forms for renewal of the permit;
11.1.4.2. Payment of fees applicable for renewal, if any;
11.1.4.3. The Person or Vehicle that is the subject of the permit is eligible for issuance of the permit pursuant to these
Regulations;
11.1.4.4. Renewal of a Taxicab Business Permit requires the applicant to provide documentation of trip data in the format required by the City reflecting the total number of prearranged and non - prearranged trips, when each trip took place, and where each trip originated;
11.1.4.5. Renewal of a Taxicab Driver's Permit requires proof that the Person has passed a drug and alcohol screening within the prior twelve (12) months, unless the Person has failed a test more recently that the prior twelve (12) months, in which case proof of passing a drug and alcohol screening within the prior seven (7) days; and
11.1.4.6. Renewal of a Taxicab Vehicle Permit shall require proof, no older than thirty (30) days prior to the application, that the vehicle has passed inspection at an ASE-certified or BAR - registered facility.
11.1.5. A Person may apply for renewal of their permit during the period that it is suspended. A renewed permit shall not be reinstated or returned to 14 SS2-510
the Person until the conditions for reinstatement of a suspended permit set forth in these Regulations has been satisfied.
11.1.6. The term of a suspended or surrendered permit shall not be extended by the period of suspension or surrender.
11.2. Replacement of Permit. A replacement for a lost or damaged permit issued pursuant to these Regulations may be obtained from the City upon payment of any applicable fees established by resolution of the City Council. Issuance of a replacement permit shall not extend the term of the permit.
11.3. Surrender of Permit. The following permits shall be immediately invalid and shall be surrendered to the City within two (2) calendar days if any of the following occurs:
11.3.1. A Taxicab Business Permit, Taxicab Driver's Permit, or Taxicab Vehicle Permit expires, is suspended, or revoked;
11.3.2. A Taxicab Business Permit, and all affiliated Taxicab Driver's Permits and Taxicab Vehicle Permits if a Permittee sells, dissolves, or terminates its Taxicab Business;
11.3.3. A Taxicab Driver's Permit if the Driver's employment or affiliation with a Permittee terminates and is not transferred pursuant to these Regulations;
11.3.4. A Taxicab Driver's Permit if the Driver becomes ineligible for issuance of a Taxicab Driver's Permit under these Regulations;
11.3.5. A Taxicab Vehicle Permit if the corresponding Taxicab is permanently removed from service; and
11.3.6. A Taxicab Vehicle Permit if the corresponding Taxicab has been removed from the Permittee's approved insurance policy.
11.4. Reinstatement of a Suspended or Surrendered Permit.
11.4.1. A Person whose permit was suspended or surrendered may request return and reinstatement of the permit for the remaining balance of the unexpired term, provided that the following conditions have been satisfied:
11.4.1.1. All applicable fines and fees have been paid;
11.4.1.2. All terms and conditions of any administrative or judicial decision have been fulfilled;
11.4.1.3. Any period of suspension has passed;
11.4.1.4. The Person or Vehicle that is the subject of the permit is eligible to be issued the permit pursuant to these Regulations; and
11.4.1.5. The permit remains otherwise valid, has not expired, been revoked, and is not suspended.
15 SS2-511
11.4.2. The term of a suspended or surrendered permit shall not be extended by the period of suspension or surrender.
12. REPORTING VIOLATIONS
12.1. Investigation. The City may investigate for violations of these Regulations and take any appropriate actions necessary to ensure compliance, including but not limited to, administrative actions, citations, fines, and other remedies for enforcement.
12.2. Reporting Violations. Reports alleging illegal Taxicab operation or violation of these Regulations shall require all of the following information be provided in order to warrant investigation by the City:
12.2.1. Date, time and location;
12.2.2. Description of activity; and
12.2.3. Vehicle's license plate number, color, make and model, and any distinctive characteristics.
12.3. Advertising Violations. Reports alleging a violation pertaining to Advertising must provide a copy or sample of the Advertisement (such as the sign, business card, advertising display, webpage, electronic recording or phone directory) evidencing non-compliance with these Regulations or state law.
13. ENFORCEMENT
13.1. Citations. Compliance with the provisions of these Regulations may be secured under the provisions of Chapter 1.04 or 1.05 of the Municipal Code, and the schedule of fines set forth therein.
13.2. Cumulative. In lieu of, or in addition to, the remedies set forth herein and in Chapter 1.04 and 1.05 of the Municipal Code, the City may suspend or revoke any permit based on the grounds set forth in these Regulations.
13.3. Not Exclusive. The foregoing remedies shall not be exclusive, but shall be in addition to any other remedy available to the City at law or in equity.
14. ADMINISTRATIVE APPEALS
14.1. Appeal of Administrative Citation. Appeals of administrative citations issued to enforce the provisions of these Regulations shall follow the procedures and time limits set forth in Municipal Code Chapter 1.05, including Section 1.05.030 Service Procedures, Section 1.05.040 Contents of Administrative Citation, Section
1.05.060 Appeal of Administrative Citation, Section 1.05.070 Hearing Officer, Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing Officer's Decision, Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and Section
1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
14.2. Appeal of Administrative Decision or Action. Appeals of denials of issuance or renewal of a permit, or for administrative action to suspend or revoke a permit, shall follow the procedures and time limits set forth in Municipal Code Chapter 16 SS2-512
1.05, including Section 1.05.030 Service Procedures, Section 1.05.060 Appeal of Administrative Citation, Section 1.05.070 Hearing Officer, Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing Officer's Decision, Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and Section 1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
14.3. Stay. If an appeal is properly submitted to the City in accordance with Municipal Code Section 1.05.060, the citation, decision, or action shall be stayed pending the final determination of the appeal, unless the City notifies the appellant in writing that the action is not stayed during the appeal because the continued operation of the affected Taxicab, Driver, or Taxicab Business, as applicable, would pose a risk to the health or safety of the public.
15. CONFLICTS
15.1. Vehicle Code. In the event of a conflict between the provisions of these Regulations, on the one hand, and the provisions of the Veh. Code or California Code of Regs., on the other hand, the latter shall control.
15.2. California Law. All references to statutes contained in these Regulations refer to the statutes of the State of California except as otherwise indicated.
16. ADMINISTRATIVE POLICIES AND PROCEDURES
16.1. The City Manager may adopt administrative policies and procedures to supplement and carry out these Regulations.
End of Regulations
17 SS2-513
ATTACHMENT A
CITY OF NEWPORT BEACH APPROVED TAXICAB METERED RATES
FOR ON -DEMAND (FLAGGED) TRIPS
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile) $32.00 per hour wait time (Approximately $0.53 per minute) No Extra Charge for Additional Passengers
SS2-514
ATTACHMENT C
L-21
SIDEWALK CAFE STANDARDS AND PROCEDURES
Purpose
These standards and procedures are adopted pursuant to Municipal Code Chapter 13.18, and any successor chapter, to encourage appropriate outdoor activities in the public right-of-way, to ensure that the space used for outdoor dining in the public sidewalk shall serve a public purpose, to ease the process of obtaining permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.
Definitions
Sidewalk Cafe. An outdoor dining area on a public sidewalk where patrons may consume food and/or beverages provided by an abutting food service establishment. Such establishments may either provide table service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.
These regulations do not apply to outdoor dining on private property.
General Provisions
A. Encroachment Permit required. Outdoor dining on a public sidewalk may occur only pursuant to a Sidewalk Cafe License Encroachment Permit (hereinafter "Encroachment Permit").
B. Sidewalk Cafes shall be prohibited in Shared Bicycle/Pedestrian Facilities. Locations of Shared Bicycle/Pedestrian Facilities where sidewalk cafes are prohibited shall include the following fellows:
Campus Drive — south side Von Karman Ave. to Jamboree Rd.
Irvine Avenue — east side Orchard Ave. to Bristol St.
Jamboree Road — west side
MacArthur Boulevard — east side
Ocean Front
Eastbluff Dr. North to Campus Dr.
Jamboree Rd. to Campus Dr.
F St. to McFadden Place & westerly
of Ocean Front parking lot to 36th St.
Riverside Avenue — north side Cliff Dr. to 150 feet north of Avon Ave.
San Joaquin Hills Road — south side MacArthur Blvd. to Marguerite Ave.
San Miguel Drive — west side Port Sutton Dr. to San Joaquin Hills Rd.
SS2-515
L-21
San Miguel Drive — both sides San Joaquin Hills Rd. to Avocado Ave.
Prohibited leeations. Outside dining shall not be pefmitted on sidewalks designmed by City Cou C. Encroachment Permit transfer. An Encroachment Permit may be transferred to a subsequent operator of the same establishment subject to approval by the Public Works Director and payment of an Encroachment Permit transfer fee established by resolution of the City Council. Prior to approval of the transfer the Public Works Director may modify the terms of the permitEncroachment Permit as deemed appropriate to protect public health, safety and welfare.
D. Zoning requirements. Outdoor dining on a public sidewalk shall be subject to the requirements provided in Municipal Code Section 20.48.090 (Eating and Drinking Establishments) or ar�y r statt e An Encroachment Permit may be processed concurrently with any permits required by the Zoning Code.
aircccvr.
EF. Authority of the Public Works Director, Appeal. The location and configuration of any sidewalk cafe shall be subject to approval by the Public Works Director, who shall consider public safety issues unique to the pedestrian and vehicular needs of the specific location when reviewing Encroachment Permit applications. Notwithstanding a other- pr-ovisions f this pelie , the -Pu Works Dir-eeter- shall have the atithefivy to deny any Efier-oaehment Pefmit appliea4ien or- r-eveke any existing pemit if it is detefmined to be detfimental to publie health, safiat-y or- general . The deeision of the P4he Works Dir-eeter- may be appealed to the City Manager- by the appheant. The deeision of the City Manager- shall be final.
F. Inspection. The Public Works Department may inspect improvements within the public ri h wav at anv time without notice to the Permittee.
G. Conditions of approval. The Public Works Director shall have the authority to i1pply conditions to the approval of Encroachment Permits as appropriate to ensure compliance with the provisions of this policy. The following standard conditions of approval shall be included in the Encroachment Permit:
G1. Indemnification. The Encroachment Permit shall contain a condition requiring the Permittee Ito defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under an Encroachment Permit, which language shall be approved by the City Attorney.
142. Insurance. The Encroachment Permit shall contain a condition requiring the Permittee to obtain and maintain insurance, which types and amounts Pet:f ittee shall obtain and maintain in feree,shall be determined by the Risk Manager. , broad fefm pr-epeAy damage and blanket eepAfaetual liability insuf abined single limi 2 SS2-516
L-21
•
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N3. itEncroachment Permit limitations. This ,.o,-mit ; issued ; eenfofmaneewith ATv.t,po ft peliey,zelating to--eutdoeFdining on publie sidewalks. However-, ilssuance of the Encroachment this Ppermit does not imply that all governmental agency requirements for starting a new restaurant or expanding an existing one have been satisfied. Business owners are responsible for securing and complying with all required licenses and permits from other agencies including the state Alcoholic Beverage Control Board, the County Health Department, and the City ,.f,.To..r oft Bo.,e . Sale of alcoholic beverages in outdoor dining areas shall comply with Newport Beach Municipal Code Section 10.04.010 and Council Policy K-7 (Determination of Convenience and Necessity of Alcoholic Beverage 9a4letsPremises),
04. No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings for recessed sleeves) shall be installed unless expressly approved by the Public Works Director.
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P5. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings adjacent to these dining areas shall maintain building egress as defined by the latest adopted editions of the --Title 24 of the California Code of Regulations, T4k-24 Disabled Access Standards, .
Q6. Management. Restaurant management shall operate the outdoor dining areas in compliance with the terms and conditions of their Encroachment pPermit and shall not delegate or assign the responsibility. The Permittee shall ensure that sidewalk cafe patrons do not disturb persons on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words, or disruptive behavior.
R7. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, greases and oils, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items unless public trash receptacles located nearby are determined to be adequate by the Public Works Director. At the end of each business day, establishments are required to clean (sweep and wash) the entire sidewalk in and around the outdoor dining area (including street and gutter areas) and remove debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. Private trash receptacles shall be emptied daily.
-98. Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dining area shall be prohibited and the outdoor dining furniture shall be removed from the right-of-way unless otherwise approved in the Encroachment Permit.
9T-. Plans and permits. All City -approved plans and permits for the outdoor dining area shall be kept on the premises for inspection at all times when the establishment is open for business. with all applileable statues and flegulations. Management may also pt:ohibit smoking in the outdoor- dining
10. Abatement. In the event that the Permittee fails to abide by the terms and conditions of the Encroachment Permit, the Public Works Director may summarily abate any prohibited improvements and the Permittee shall pay all costs incurred by the City to abate the prohibited improvements.
W 11. Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. 4 SS2-518
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Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California and the City.
.hoea4ions where sidewalk eafes are mor-ohibited. Sidewalk Cafes shall be prohibited in Shar-eA San -Miguel Drive both sides San joaquin HillszR to AvoeadoA-v Application Procedure
A. An Encroachment Permit shall be required for all encroaching furniture and improvements. The application shall be filed with the Public Works Department on a form provided by the Public Works Department. The application shall be signed by the owner of the property, or his authorized agent.
Authorized agents shall submit written authorization. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. All fixed features such as tree wells, signposts, parking meters, fire hydrants, news racks, etc. within twenty (20) feet of the encroachment zone shall be depicted on the site plan.
B. Prior to issuance of the Encroachment Permit the applicant shall provide both the Certificate of Insurance and the completed standard Special Endorsement in a form meeting the approval of the Public Works Director and the City Attorney.
Term
Valid Eencroachment Ppermits shall remain in effect until modified or revoked.
Sidewalk Cafe Development Standards
A. Horizontal clearance. A clear, continuous pedestrian path not less than six (6) feet in width shall be required for pedestrian circulation outside of the outdoor dining area, provided that the Public Works Director may require more than six (6) feet if necessary to protect the public safety. Areas with heavy pedestrian traffic shall be required to maintain a minimum of eight (8) feet clear width on the SS2-519
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sidewalk. As used herein, pedestrian path means a continuous obstruction -free sidewalk area, paved to City standards, between the outside boundary of the dining area and any obstruction, including but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized.
B. Allowable uses. An outdoor dining area may incorporate street trees or street furniture, provided that the required pedestrian path is maintained outside of the outdoor dining area.
C. Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner, a ten (10) foot setback from the corner of the building shall be maintained along both frontages.
When an outdoor dining area is located adjacent to a driveway or an alley, a five (5) foot setback shall be maintained from the driveway or alley. These requirements may be modified at the discretion of the Public Works Director in locations where unusual circumstances exist and where public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining area is wider than usual or the perimeter of the building has an unusual configuration).
D. Extension to adjacent properties. Subject to approval of the Public Works Director and the limitations of Newport Beach Municipal Code Section 20.48.090(D), statute, -an outdoor dining area may extend onto the sidewalk in front of an adjacent business with the written consent of both the adjacent business owner and property owner.
Design Standards
A. Barriers.
1. No barrier shall be required if the applicant proposes to limit the outdoor dining area to one row of table and chairs abutting the wall of the establishment and if no alcohol shall be served.
2. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this policy and of the Alcoholic Beverage Control Board.
3. Barriers should complement the building facade as well as any street furniture and be somewhat transparent (such as wrought iron) and shall be able to withstand inclement weather. Barriers must be seventy percent (70%) transparent and shop drawings showing the design must be submitted to the Public Works Department for approval upon request.
4. Barriers shall conform to the Public Works Department installation standards and be removable. Barriers and furniture shall be removed at the end of each business day unless otherwise approved by the Public Works Department. Barriers shall be designed to be sectional in nature and easily removed by no more than two people. Barriers may be anchored through the use of recessed sleeves and posts, by wheels that can be locked into place, or weighted bases, however, when they are removed, the resulting surface must be flush with the sidewalk.
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5. The height of any barrier shall not exceed three (3) feet six (6) inches.
B. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table umbrellas may be permitted, provided they do not interfere with street trees. No portion of an awning shall be less than eight (8) feet above the sidewalk and no portion of an umbrella shall be less than seven (7) feet above the sidewalk. Awnings may extend up to five (5) feet from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Awnings shall have no support posts located within the public right-of-way. A building permit must be obtained prior to installation of an awning. Heaters, electrical lighting, and/or planting shall not be attached to the awning structure.
C. Ling. Outdoor lighting fixtures shall compliment the style of the building. Lighting fixtures shall not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed electrician under an electrical permit from the Building Department. Battery operated lamps or candles shall be permitted.
D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other fixtures shall compliment the architectural style and colors of the building facade and street furniture.
E. Sins. Notwithstanding any other provision in the Newport Beach Municipal Code, signs and logos shall be permitted on umbrellas in outdoor dining areas.
F. Heaters. Portable propane heaters shall be allowed within the outdoor dining area.
G. Landscaping. Any landscaped pots or planters, if desired, shall be placed within the permitted barrier. Such planters shall be portable and not line the barrier in a continuous fashion. The height of planter and plantings shall not exceed forty-two (42) inches. Barriers and awnings shall not be planted with vines. All planters and pots shall be placed on the interior of the barrier.
Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one (1) inch between saucers and sidewalk.
Fees
A. Application fee. An application fee established by resolution of the City Council shall be paid at the time an Encroachment Permit application is submitted to the Public Works Department.
B. Transfer fee. A transfer fee established by resolution of the City Council shall be paid at the time an Encroachment Permit transfer application is submitted to the Public Works Department.
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C. Annual use fee. An annual use fee established by resolution of the City Council shall be paid upon annual renewal of an Encroachment Permit. No use fee shall be charged during the first year of operation.
Violation/Remedy
The Public Works Director may revoke the Encroachment Permit at any time if it is determined that continued operation of the sidewalk cafe is detrimental to the public interest, or the Permittee is in violation of the conditions set forth in the Encroachment Permit. in the overt that a If a Permittee fails to abide by the provisions of this policy or the terms and conditions of an Eencroachment Ppermit, the Public Works Director may summarily abate any encroachment or improvement that is in violation of this policy or the terms and conditions of an Encroachment Permit. The Permittee or property owner shall pay all costs incurred by the City in abating the encroachment or improvement.
The Permittee or property owner may appeal to the City Manager the decision of the Public Works Director to revoke an Encroachment Permit or the cost incurred to abate an encroachment/improvement, within ten (10) days of receiving notice of the revocation or demand for payment of the abatement costs to the Eger. The determination of the City Manager with respect to the appeala''� shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. 1094.5.
History
Adopted L-19 —
3-11-1996
Amended L-19
— 5-28-1996 (changed to L-21)
Amended L-21
— 3-22-1999
Amended L-21
— 4-23-2002
Amended L-21
— 8-14-2018
Amended L-21
- 11-14-2023
SS2-522
ATTACHMENT D
�EwPo— CITY OF
s NEWPORT BEACH
`q<Fo'P PB&R Commission Staff Report
Item VI-C
September 5, 2023
FROM: Sean Levin, Recreation and Senior Services Director 949-644-3159, slevin(d)_newportbeachca.gov
Micah Martin, Public Works Deputy Director, Municipal Operations 949 644-3055, [email protected]
TO: Parks, Beaches & Recreation Commission
TITLE: Newport Beach Municipal Code and Council Policy Manual Review RECOMMENDATION:
Staff recommends that the Parks, Beaches and Recreation (PB&R) Commission:
1. Review the final draft of proposed modifications to the Newport Beach Municipal Code and Council Policy Manual made by the Municipal Code and Council Policy Ad Hoc Committee and forward to City Council for review and approval.
2. Approve the removal of the Santa Monica -Style Bench as a donation option in the B-17 Policy.
FUNDING REQUIREMENTS:
No costs related to this item.
DISCUSSION:
In September 2022, the City Council formed an ad hoc committee, comprised of three City Council Members appointed by the Mayor and confirmed by the Council, to review the Newport Beach Municipal Code (NBMC) and City Council Policies. On April 11, 2023, City Council adopted Resolution No. 2023- 8, extending the expiration date of the ad hoc committee to June 30, 2024, and directed the PB&R commission to form an ad hoc committee to review and provide recommendations on NBMC and City Council Policies within the Commission's jurisdiction.
On May 2, 2023, the PB&R Commission appointed Commissioners Daruty, Ignatin, and Malouf to serve on the Municipal Code and Council Policy Ad Hoc Committee to assist with review and forward recommendations to City Council.
Public Works and Recreation and Senior Services staff reviewed NMBC Chapter 11.03,
11.04, and 13 and Council Policy Sections B1-B-17, G-1, G-6 and L-6 and provided the SS2-523
Newport Beach Municipal Code and Council Policy Manual Review September 05, 2023