C. General contractor's name;
D. General contractor's license number;
E. Contact name;
F. Contact phone number; and
G. Contact email address.
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 may specify and require.
The temporary project information sign shall be in substantial conformance to the following; however, the Community Development Director may require inclusion of additional information:
PROJECT INFORMATION
DRESS:
CONTACT:-_
___ PHONE *_
CONTRACTOR:_
LICENSE ##:
PERMIT No.:
EMAIL:. W__
CODE ENFORCEMENT: 644-3215 1 PARKING ENFORCEMENT: 644-3717 1 BUILDING INSPECTION 644-3200 [email protected]
Section 746: Section 15.65.010 (intent and Purpose) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
15.65.010 Intent and Purpose.
The County and the City have entered into a stipulation for termination of litigation relating to John Wayne Airport, an annexation agreement and a cooperative agreement regarding redevelopment which together promote cooperation between the City and County in the use of redevelopment law to implement the land use compatibility plan for John Wayne Airport in an area southerly of the airport commonly known as 'Santa Ana Heights.'
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The County intends to finance land use conversions, sound attenuation, purchase assurance, equestrian facilities, and traffic improvements using California Community Redevelopment Law.
The City in accordance with the cooperative agreement intends to assist the County implement the land use compatibility plan through the use of redevelopment law while at the same time retaining for the City certain revenue generating powers and land use controls within the territorial limits of the City and within areas which may be annexed to the territorial limits of the City.
The Planning Commission of the County and the Orange County Development Agency have cooperated in the selection of a project area pursuant to Cal Health & Saf. 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. Such territory is contiguous to the unincorporated territory of the County which is also included within such project area. The subject project area and the territory within the City are designated on the map attached as Exhibit A to the ordinance codified in this chapter.
Cal. Health & Saf. 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." Section 747: Section 15.65.020 (Authorization) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
A 5.65.020 Authorization.
Pursuant to Cal. Health & Saf. Code Section 33213, the City Council of the City hereby authorizes redevelopment by the County 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 is hereby designated to undertake such redevelopment. Pursuant to Cal. Health & Saf. Code Section 33213, any redevelopment plan prepared by the Orange County Development 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." Section 748: Subsection (E) of Section 16.65.030 (Approval of Redevelopment Plan) of Chapter 15.65 (Santa Ana Heights Redevelopment) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"E. The redevelopment plan contains a provision that Cal. Health & Saf. Code Section 33214 shall not serve to limit the provisions set forth in parts (A), (B), (C) and (D) above."
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Section 749: Section 15.80.010 (Building and Fire Board of Appeals) of Chapter
15.80 (Building and Fire Board of Appeals) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"15.80.010 Building and Fire Board of Appeals.
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 Building Code (Chapter 15.02 through Chapter 15.14) and Fire Code (Title 9), as adopted by the City, and any other matter specified in the Code, there shall be and is hereby created a Building and Fire Board of Appeals consisting of seven (7) 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. 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."
Section 750:Subsection (G) of Section 15.80.060 (Procedures) of Chapter 15.80 (Building and Fire Board of Appeals) of Title 15 of the Code is hereby amended to read as set forth in the quotations below:
"G. Final. The decision of the Building and Fire Board of Appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Prof. Section 1094.5." Section 751: Section 17.01.030 (Definition of Terms) of Chapter 17.01 (Definitions) of Title 17 of the Code is hereby amended to read as follows:
17.01.030 Definition of Terms.
A. Definitions: A.
1. Abutting Upland(s) Property. The term "abutting uplands property" or "abutting upland(s)" shall mean the adjacent bordering property held in fee or by lease. In instances, such as on Balboa Island, where a City -owned public walkway exists between the harbor structure and the adjacent bordering property, the "abutting uplands property" or "abutting upland(s)" shall mean the property adjacent to and abutting the property held in fee or by lease on the landward side of the walkway.
2. Alternate Materials, Design and Methods of Construction. The term "alternate materials, design and methods of construction" shall refer to the alternate materials, 24-372
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design or methods of construction authorized in Sections 1.8.7.2 and [A] 104.11 of the California Building Code.
3. Anchorage or Anchorage Area. The terms "anchorage" and "anchorage area" shall mean any portion of Newport Harbor which has been designated pursuant to law and approved by the Federal government for the temporary anchorage of vessels, using the vessel's own anchoring tackle.
4. Applicant. The term "applicant" shall mean a person applying for a permit under this title.
5. Approval in Concept. The term "approval in concept" shall mean a conceptual approval issued by the City prior to the application to the Coastal Commission, Army Corps of Engineers or other regulatory agency for development in areas where the regulatory agency retains jurisdiction, which indicates the proposed development conforms in concept to this Code and the design criteria.
6. Assigned Vessel. The term "assigned vessel" shall mean a vessel lawfully owned and registered or documented to a permittee to occupy a designated mooring or berthing location in Newport Harbor.
B. Definitions: B.
1. Back Bay. See Upper Newport Bay.
2. Bareboat Charter. The term "bareboat charter" shall mean any vessel not inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration.
3. Beach. The term "beach" shall mean the expanse of sand, gravel, cobble or other unconsolidated material that extends landward from the low water line to the place where there is distinguishable change in physiographic form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line.
4. Beam. The term "beam" shall mean the width of a vessel. Vessel beams are generally critical at two locations of the boat, at the water line where the boat directly interfaces the dock, and the walking deck. For the purpose of compliance with any measurement requirements, the beam shall be interpreted as the widest point of the vessel which includes all vessel attachments including but not limited to boarding steps, rub rails and fixed fenders.
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5. Berth. The term "berth" shall mean any location such as a floating dock, slip, side tie, mooring and the related area (berthing area or space) adjacent to or around it, allocated to tie up and/or store a boat.
6. Breakwater. The term "breakwater" shall mean a structure or barrier protecting a shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or riprap (rock wall) structure.
7. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining wall that separates dry land areas and water areas.
8. 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.
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.
C. Definitions: C.
1. Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean seaweed (Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to cause severe ecological damage to coastal and nearshore waters.
2. Certified Charter. The term "certified charter" shall mean any vessel inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration.
3. Channel. The term "channel" shall mean a water area in Newport Harbor designated for vessel navigation with necessary width and depth requirements, and which may be marked or otherwise designated on Federal navigation charts, City navigation charts or maps, or other sources.
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4. Chartered for Consideration. The term "chartered for consideration" shall mean any vessel which has been hired or leased by the owner, directly or through an authorized representative, to any person for a voyage in exchange for the payment of money, the receipt of something of value, or the forgiveness of a debt.
5. Chum. The term "chum" shall mean to place in the water fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.
6. 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.
7. 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. 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.
9. Coastal -Dependent Development or Use. The terms "coastakdependent development" or "coastal Aependent 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. Pub.
Resources Code, Section 30101).
10. 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.
11. Commercial Fishing Vessel. The term "commercial fishing vessel' shall mean a vessel registered by the Department of Fish and Wildlife pursuant to the Cal. Fish & Gam. Code Section 7880 et seq., when operating under the authority of a fish and game permit or license.
12. 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.
D. Definitions: D.
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1. Dead Load. The term "dead load" shall mean the weight of all construction materials and equipment that may be permanently attached to a dock.
2. Design Criteria. The term "design criteria" refers to "Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities" adopted by the City and as amended from time to time, as minimum standards for design whenever harbor permits are required. The City may require additional requirements, based on the specific details of a particular application and project.
3. Dinghy or Tender. The term "dinghy" or "tender" shall mean a vessel no longer than fourteen (14) feet in overall length.
4. Dock. The term "dock" shall mean a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water.
6. Dolphin. The term "dolphin" shall mean a multi -pile structure that is used for mooring large boats that generally cannot be accommodated by floating docks.
6. Dry (Boat) Storage. The terms "dry storage" or "dry boat storage" shall mean all on -land storage of vessels, including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means.
E. Definitions: E.
1. Eelgrass. The term "eelgrass" shall mean a marine flowering plant (Zostera marina) that is found primarily in coastal bays and estuaries on soft substrate.
2. Encroachment. The term "encroachment" shall mean the extension of a building, structure or other improvement, or part thereof, on the property or domain of another.
3. End Tie. The term "end tie" shall mean berths located on the outermost end of a floating dock structure where the dock is alongside only one side of the boat. The boats associated with an end tie may be situated beyond the pierhead line along a channel.
4. Erosion. The term "erosion" shall mean the wearing away of land by natural forces. On a beach, erosion is the carrying away of beach material by wave action, currents or wind.
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5. Estuary. The term "estuary" shall mean the region near a creek or river mouth in which the fresh water of the river mixes with the salt water of the sea.
F. Definitions: F.
1. Fairway. The term "fairway" shall mean an area of water adjacent to slips or mooring buoy locations that feed into a channel, and which is used for direct access to slips or moorings. When associated with slips, the fairway is defined as lying between the outer end of a line of fingers and the nearest obstruction on the opposing side (i.e., other slips, bulkhead, vessels on side ties, etc.). When associated with a mooring area, the fairway is defined as lying between the outer ends of the mooring buoy on either side of the fairway as delineated by Council policy.
2. Federal Channel. The term "Federal channel' shall mean that area of the Lower Newport Bay described by the Army Corps of Engineers, Chief of Engineer to Congress on November 11, 1936, as recorded in the First Session of the Seventy -Fifth Congress in 1937.
3. 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.
4. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems, the term "freeboard" shall mean the distance between the water surface and the walking surface of the dock system.
b. Vessel Freeboard. For the purposes of vessels, the term "freeboard" shall mean the vertical distance between the water line and the top of the gunwale.
5. 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.
G. Definitions: G.
1. Gangway. The term "gangway" shall mean a structure that provides pedestrian access from land to the floating docks. One end is generally attached to the bulkhead, fixed pier or landside with a hinge, and the other end rolls on gangway wheels or slide plates, which rest directly on the dock surface. The word "brow" is synonymous with "gangway."
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2. Graywater. The term "graywater" shall mean all water and other fluids used on a vessel for any purpose whatsoever, including but not limited to, washing or cleaning clothing, linens, towel, bedding or other linens; washing or cleaning cooking equipment, eating utensils, or serving ware; bathing, showering or cleansing; and/or washing and/or cleaning all or any portion of the interior of a vessel, including but not limited to, heads, kitchens, engine rooms, floors, windows, furniture, equipment or other portions of the interior of the vessel.
3. Groin. The term "groin" shall mean a shoreline protection structure built, usually perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters is intended to trap and retain and/or reduce the erosion of sand and retard the general erosion of the shoreline and undermining of shore protection structures (bulkheads, riprap slopes, etc.).
4. Groin System or Groin Field. The term "groin system" or "groin field" shall mean a series of groins acting together to protect a section of beach or shoreline.
H. Definitions: H.
1. Habitat. The term "habitat" shall mean the locality, including the physical and biological environment, in which a plant or animal lives.
2. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead, and project lines as defined within Newport Harbor by the 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. 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.
4. 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 waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City. 24-378
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5. 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. 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.
7. 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.
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.
3. 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. 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. 5. Live Load. The term "live load" refers to the weight of all temporary loads such as pedestrians and berthing loads.
6. 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 24-379
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City and certified by the Coastal Commission in order to implement the provisions and policies of the Coastal Act at the local level.
7. Longshore. The term "longshore" shall mean parallel to and near the shoreline.
8. Lower Newport Bay. The term "Lower Newport Bay" shall mean the area of Newport Bay south of the centerline of Coast Highway.
J. Definitions: M.
1. Maintenance Construction. The term "maintenance construction" shall mean the reconstruction or replacement within the existing footprint of twenty (20) percent, or less, of the total replacement value of an existing pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure, as well as other criteria as stated in subsequent sections of this title. Construction estimates and the total value of work on any given project is based on predetermined values of various work on record with and established by the Building Official.
2. Mainwalk. The term "mainwalk" shall mean that portion of a dock that serves as a primary pedestrian access to fingers and slips. Fingers are generally attached directly to mainwalks. Mainwalks are generally perpendicular to the bulkhead and headwalk, and may connect directly to a headwalk.
3. Marina. The term "marina" shall mean a commercial berthing facility (other than moorings, anchorage or noncommercial pier) in which five (5) or more vessels are wet - stored (in water) and/or dry -stored (on land/racks) for more than thirty (30) days.
4. Marine Activity Permittee. The term "marine activity permittee" shall mean any person, or persons, partnership, corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 1710.
5. Mean Lower Low Water (MLLW). The term "mean lower low water" or "MLLW" shall mean the nineteen (19) year average of the lower low water heights. MLLW is the datum used to define elevations of structures within the bay, along the coastline, and for navigation.
6. Mono Pile. The term "mono pile" shall mean a normally large diameter pile that is used for mooring large boats that generally cannot be accommodated by floating docks. Generally, mono piles and dolphin piles are used for similar purposes.
7. Mooring. The term "mooring" shall mean a device consisting of a floating buoy or other object that is secured to the harbor bottom by an anchor system for purposes of 24-380
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securing a vessel and includes any apparatus used to secure a vessel in Newport Harbor which is not carried aboard such vessel as regular equipment when under way.
8. Mooring Area. The term "mooring area" shall mean an area designated for a group of moorings.
9. Motorboat. The term "motorboat" shall mean any vessel being propelled by machinery.
10, Mudline. The term "mudline" shall mean the highest elevation of accumulated sediments.
11. Multiple Vessel Mooring System. The term "multiple vessel mooring system" shall mean a floating platform secured to a single or double anchor mooring system which allows multiple vessels to be secured.
K. Definitions: N.
1. New Construction. The term "new construction" shall mean: the erection or construction of a new pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure; or the improvement, conversion, extension, reconstruction or replacement of more than twenty (20) percent of the replacement value of an existing pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure.
Construction estimates and the total value of work on any given project is based on pre- determined values of various work on record and established by the Building Official.
2. Newport Bay. The term "Newport Bay" shall mean the estuary consisting of the Lower Newport Bay and the Upper Newport Bay.
3. Newport Harbor. The term "Newport Harbor" shall mean the water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve.
4. Nonprofit Organization. The term "nonprofit organization" shall mean an entity that registers with the Internal Revenue Service or the State Franchise Tax Board as tax exempt and, as a result, designated as tax exempt by the Internal Revenue Service or the State Franchise Tax Board.
L. Definitions:0.
1. Offshore Mooring. The term "offshore mooring" shall mean a mooring that is located bayward of the pierhead line and is comprised of a single or double buoy, 24-381
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weight and chain installed for the purpose of berthing a vessel, as provided by Chapter 1_7.25.
2. Onshore Mooring. The term "onshore mooring" or "shore mooring" shall mean a mooring for vessels which is located in the nearshore perimeter of the harbor and its islands, perpendicular to the shoreline, where one end of the mooring line is attached to a point on or adjacent to the bulkhead, and the other end is attached to a single buoy, weight and chain installed for the purpose of berthing a vessel, as provided by Chapter 17.25.
3. Open Coastal Waters. The term `open coastal waters" shall mean the area composed of submerged lands at extreme low water of spring tide extending seaward to the boundaries of the exclusive economic zone (twelve (12) to two hundred (200) miles). This includes navigation channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay.
4. Operable. The term "operable" shall mean capable of safely maneuvering under the vessel's own power from the mooring to a demarcation line designated by the appropriate authority and generally to be defined as the line between the seaward ends of the harbor entrance jetties and back to the mooring.
5. Operator. The term "operator" shall mean the person who operates or who has charge of the navigation or use of the vessel.
M. Definitions: P.
1. 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.
2. 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.
3. 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.
a. Commercial Pier. The term "commercial pier" shall mean a pier adjacent to commercially or nonresidentially zoned property with single or multiple berths which are 24-382
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rented or leased, including any pier used in connection with marinas, charter facilities, yacht clubs, yacht sales, rental facilities or boat yards. For purposes of this chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily dwelling or dwelling units that are income generating, and structures adjacent to commercially zoned uplands that are business or income generating in nature, shall be deemed commercial.
b. Noncommercial Pier. The term "noncommercial pier" shall mean a pier used for private recreational purposes by the owner(s), occupant(s), guest(s) or lessee(s) of the abutting residentially zoned upland property.
G. Public Pier. The term "public pier" shall mean a pier used for public recreational purposes provided by a public agency.
4. 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.
5. 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.
7. 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.
N Definitions: R.
1. Residential. The term "residential" shall mean those properties that are identified in Title 20 as a district that allows residential uses or areas designated and used for residential purposes.
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2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus of the Rhine Channel where vessels may load and unload supplies directly to and from the wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term "Rhine Wharf public pier" shall mean the pier and long float parallel to the Rhine Wharf, and which is used for public recreational purposes provided by the City.
4. Riprap. The term "riprap" shall mean a protective layer or facing of rock, concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment or bluff.
O. Definitions: S.
1. Sall Area. The term "sail area," as defined for the purposes of structural analysis or berthing facilities and structural pilings, shall mean the area of a boat, above the water line, that is exposed to wind under tied/berthed conditions.
2. Sailing Club. The term "sailing club" shall mean an organization operating from a fixed location and principally engaged in the coordination or facilitation of the use of boats owned or operated by the club for its members.
3. Seaworthy. The term "seaworthy" shall mean that the vessel is safe, operable and reasonably fit for its intended purpose, not leaking fluids overboard, and its hull, keel, decking, cabin and mast are structurally sound and generally free from dry -rot.
4. Shore. The term "shore" shall mean the narrow strip of land in immediate contact with the sea, including the zone between high and low water line. A shore of unconsolidated material is usually called a beach.
5. Shoreline. The term "shoreline" shall mean the intersection of the ocean or sea with land; the line delineating the shoreline on National Oceanic and Atmospheric Administration (NOAA) Office of Coast Survey nautical charts and surveys approximating the mean low tide water line at the time the chart was prepared.
6. Side Tie. The term "side tie" shall mean a berth where the dock is alongside only one side of the boat.
7. Slip. The term "slip" shall mean a berth where the boat has a finger on one side and either another finger or adjacent boat on the other side. 24-384
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8. Sport Fishing Charter. The term "sport fishing charter" shall mean a vessel chartered solely for sport fishing outside of Newport Harbor.
9. Submerged Lands. The term "submerged lands" shall mean lands which lie below the line of mean low tide.
10. Sub -Permit. The term "sub -permit" shall mean a permit issued by the Harbormaster for the temporary use of a deemed vacant or noticed vacant mooring.
P. Definitions: T.
1. Tidelands. The term "tidelands" or "public tidelands" shall mean all lands that were granted to the City by the State of California, including, but not limited to, submerged lands and/or lands that are located between the lines of mean high tide and mean low tide.
2. Tidelands Trust. The term "tidelands trust" shall mean all tidelands and submerged lands granted to the City by State or Federal legislation and the terms and conditions of any such legislative grant.
Q. Definitions: U.
1. Upland. The term "upland" shall mean land with a shared property line with and immediately adjacent to Newport Harbor.
2. Upper Newport Bay. The terms "Upper Newport Bay" and "Back Bay" are often used interchangeably. The term "Upper Newport Bay" shall mean the area of Newport Bay north of the centerline of Coast Highway.
R. Definitions: V.
1. Vessel. The term "vessel" shall mean any watercraft used as a means of transportation on water, whether mechanically powered, human powered or wind powered, including, but not limited to, ships and boats of all kinds, sailboats, catamarans, trimarans, dinghies, and every hulled structure adapted to be navigated from place to place for the transportation of persons or property.
2. Vessel Length. The term "vessel length" shall include the following:
a. Length Overall as published by the manufacturer of a particular vessel (LOA).
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b. Adjusted Length Overall (Adjusted LOA) is the LOA plus the length including all vessel attachments which may include bowsprits, swim steps or stern mounted dinghies or other objects affixed to the vessel adding to the LOA. c. In the event the LOA cannot be obtained from the published manufacturer specifications, then the LOA shall be determined by first, a United States Coast Guard (USCG) documentation certificate, or if none is available then second, by a State issued registration document, or if none is available, then third by other official documentation certifying the LOA of the vessel acceptable to the Harbormaster at his or her discretion.
3. Vessel Owner. The term "vessel owner" shall mean the owner of the vessel as shown on current registration with the Department of Motor Vehicles or the United States Coast Guard.
4. Vessel Width. The term "vessel width" shall have the same meaning as "beam" defined above.
S. Definitions: W.
1. Walkway. The term "walkway" shall mean a walkway on a wide portion of the floating dock system that is used for pedestrian access. A walkway can refer to the headwalk, mainwalk and/or fingers.
2. Waters of Newport Harbor. The term "waters of Newport Harbor" shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under the tidal water are privately or publicly owned.
3. Wind -Powered Vessel. The term "wind -powered vessel" shall mean a vessel that is being propelled by the wind through the use of sails and without the use of a motor or other machinery.
T. Definitions: Z.
1. Zostera Marina. See Eelgrass.
Section 752: Subsections (13)(2) Section 17.05.140 (Public Hearings) of Chapter
17.05 (General Provisions) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
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"2. Method of Notice Distribution. Notice of a public hearing required by this title shall be given as specified below.
a. Mailing. Notice shall be mailed or delivered at least ten (10) calendar days before the scheduled hearing to all the following:
L Project Site Owners, Applicant and Appellant. The owners of the property being considered in the application, or the owners' agent, the applicant or the applicant's agent, and the appellant, if any;
ii. Nearby Property Owners. All owners of real property located within a three hundred (300) foot radius, excluding intervening rights -of -way and waterways, of the exterior boundaries of the location of the subject matter of the application, as shown on the last equalized assessment roll. It shall be the responsibility of the applicant to obtain and provide to the review authority a list of the names and addresses of all owners who are to be provided notice under this subsection; and
iii. Persons Requesting Notice. A person who has made a written request for notice with the City Cleric.
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) calendar days before the scheduled public hearing in the following manner:
L One or more signs shall be posted as determined by the City; ii. The size and location of the sign(s) shall be determined by the City to ensure that it will be easily readable by the public;
iii. The project applicant, or in the case of an appeal, the appellant shall be responsible for maintaining the sign(s) in a satisfactory condition; and iv. The project applicant shall remove the sign(s) after the date specified for the public hearing.
c. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority."
Section 753, Subsection (13)(13) of Section 17.10.060 (Power to Impose Conditions —Hold Harmless) of Chapter 17.10 (Marine Activities Permit) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"13. insurance, which types and amounts shall be determined by the Risk Manager, and a business license shall be maintained in full force and effect for the full term of the permit;"
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Section 754: Section 17.10.070 (Insurance) of Chapter 17.10 (Marine Activities Permit) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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 insurance, which types and amounts shall be determined by the 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 Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels covered."
Section 755: Section 17.20.040 (Abandoned or Unattended Vessels and Property) of Chapter 17.20 (Vessel Launching and Operation) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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, Cal. Harb. & Nay. 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:
A. Any nighttime hours (sunset to sunrise);
B. Any time period when a small craft advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or
C. Daylight hours for more than three hours."
Section 756: Subsection (E)(3) of Section 1.7.20.060 (Vessel Races) of Chapter
17.20 (Vessel Launching and Operation) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"3. Otherwise comply with this Code, Cal. Harb. & Nay. Code, and the Federal Inland Navigation Rules; and"
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Section 757: Subsections (A)(1)(b), (H)(2)(a), (H)(2)(b) and (H)(4) of Section
17.25.020 (Anchorage, Berthing and Mooring Regulations) of Chapter 17.25 (Berthing, Mooring, and Storage) of Title 17 of the Code are hereby amended to read as set forth below:
Subsection (A)(9)(b) of Section 17.25.020 shall read as set forth in the quotations below.
"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) 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."
Subsections (H)(2)(a) and (H)(2)(b) of Section 17.25.020 shall read as set forth in the quotations below.
"a. Commence repairs within thirty (30) days upon service of the written notice of such determination and complete repairs within ninety (90) 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) 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) 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."
Subsection (H)(4) of Section 17.25.020 shall read as set forth in the quotations below. -
'A. 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 (7) days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) days of the notice of violation, the Harbormaster may issue an administrative citation or 24-389
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take any other enforcement action authorized by this Code. In the event the Harbormaster issues an administrative citation, the permittee shall:
a. Take any and all necessary action to employ and maintain appropriate sea lion deterrent measures; or
b. Remove the vessel from Newport Harbor.
`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 (7) days, the Harbormaster may install temporary deterrent measures as needed and recover the City's cost of compliance."
Section 758: Section 17.30.020 (Loading or Unloading Hazardous Materials) of Chapter 17.30 (Harbor Use Regulations) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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 California Fire Code Section 105.6 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 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 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." Section 759: Subsection (B) of Section 17.30.030 (Live Bait and Sea Life) of Chapter 17.30 (Harbor Use Regulations) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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 (3) 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."
Section 760: Subsection (A) of Section 17.40.060 (Term/Renewal) of Chapter
17.40 (Live-Abroads) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
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"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) 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." Section 761: Subsection (A)(3) of Section 17.40.070 (Conditions/Regulations) of Chapter 17.40 (Live-Abroads) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"3. By obtaining a live -aboard permit, the permittee specifically authorizes the Harbormaster 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."
Section 762: Subsection (A) of Section 17.45.030 (Waste and Refuse) of Chapter 17.45 (Sanitation) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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. & Nay. 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."
Section 763: Subsections (A)(1) and (B) Section 17.50.040 (Rendering of Decision) of Chapter 17.50 (Harbor Development Permits) of Title 17 of the Code are hereby amended to read as set forth below:
below: Subsection (A)(1) of Section 17.50.040 shall read as set forth in the quotations "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 24-391
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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
iiL 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) days prior to a decision.
c. An approval in concept only indicates the proposed development conforms in concept to all applicable provisions of this title and does not provide approval for any applicable land use and property development regulation not covered by this title." Subsection (B) of Section 1 7.50.040 shall read as set forth in the quotations below.
"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) days. If no appeal or call for review of the decision is filed within the fourteen (14) days, 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." Section 764: Section 17.50.100 (Securing of Structures) of Chapter 17.50 (Harbor Development Permits) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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 andlor 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 24-392
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maintain appropriate measures to deter sea lions from boarding the structure and/or any vessel or other appurtenances attached to the structure within seven (7) days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) 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." Section 765: Section 17.55.040 (Limits on Uses) of Chapter 17.55 (Dredging Permits) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.55A40 Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with Cal. Pub. Resources Code Section 30233 (Coastal Act) and the certified Local Coastal Program." Section 766: Subsections (13)(3), and (H)(2) of Section 17.60.040 (Mooring Permits) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 of the Code are hereby amended to read as set forth below:
Subsection (B)(3) of Section 17.60.040 shall read as set forth in the quotations below.-
"3. Permittee/Transferee Qualifications. A mooring permit may be held only by natural persons unless the mooring permit is transferable, in which case it may be held by, or transferred to, only the following:
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;
b. An executor or administrator carrying out the terms of a will or administering a probated estate that holds a mooring permit, but only for the period of time prior to distribution of the estate;
c. An inter vivos trust, family trust, or other similar type of trust estate holding a mooring permit, so long as all trustors are natural persons and the primary mooring permittee shall be the trustee of the trust;
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d. 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);
e. 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 f. 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, prior to 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." Subsection (H)(2) of Section 17.60.040 shall read as set forth in the quotations below:
"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 to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster;"
Section 767: Subsection (A)(3) of Section 17.60.060 (Public Trust Lands) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"3. The City Manager 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 is authorized to implement 24-394
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such leases or permits on behalf of the City and to issue interpretations, waive provisions, and enter into amendments thereof."
Section 768: Section 17.65.020 (Time Limits) of Chapter 17.65 (Appeals or Calls for Review) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) days of the decision." Section 769: Section 17.70.010 (Declaration of Nuisance —Abatement) of Chapter 17.70 (Enforcement) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"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. 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."
Section 770: Subsections (13)(1) and
Marine Activities Permit) of Chapter 17.70
hereby amended to read as follows:
(13)(2) of Section 17.70.015 (Suspension of
(Enforcement) of Title 17 of the Code are
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 24-395
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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) 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) 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." Section 780. Subsections (13)(1)(a), (13)(2) and (B) (3) of Section 17.70.020 (Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 of the Code are hereby amended as set forth below:
Subsection (B)(9)(a) of Section 17.70.020 shall read as set forth in the quotations below:
"a. At least fourteen (14) 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.
Subsections (B)(2) and (B) (3) of Section 9 7.70.020 shall read as set forth in the quotations below:
12. 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) days from the date on which notice is deemed served to request a hearing. 24-396
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If the permittee does not request a hearing within fourteen (14) 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) 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) days of the date the notice is deemed served, the decision of the Harbormaster shall be final." Section 781:The Table of Contents for Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as follows:
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.).
Section 782: Section 19,04.010 (Short Title) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 24-397
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otherwise specified, mean text in this Code of which this title is a part. Similarly, all references herein to "this title" shall, unless otherwise specified, mean this Title 19." Section 783: Section 19.04.020 (Purpose and Applicability (Cal. Gov. Code Section 66411)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 and that such provisions shall be so construed. In case of conflict between the provisions of this title and those of the Subdivision Map Act, the latter shall control.
B. Purpose. This title is enacted for the purpose of adopting tract and parcel map regulations in accordance with the Subdivision Map Act. More specifically, the subdivision regulations contained herein are intended to promote:
1. The creation of subdivisions which are consistent with and serve to implement the policies and provisions of the General Plan;
2. The conservation of open space in the City;
3. The protection of landowners, lot purchasers and surrounding residents;
4. The provision of orderly and controlled growth within the City;
5. The provision of adequate traffic circulation, utilities and other services;
6. The protection and stabilization of property values; and
7. The preservation of the public health, safety and general welfare.
C. Applicability. The provisions of this title shall apply to subdivisions and related matters addressed in the Subdivision Map Act for land entirely or partially within the City of Newport Beach."
Section 784: Section 19.04.030 (Compliance Required (66499.30)) of Chapter
19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30). 24-398
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A. No Sale, Lease or Financing Without Map. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map or final parcel map is required by this title, until the final tract or parcel map thereof in full compliance with this title has been recorded and the City has been provided proof of recordation.
B. No Conveyance Without Map. Conveyances of any part of a division of real property for which a final tract map or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been recorded by the County Recorder.
C. Subdivisions Under Previous Law. In accordance with Cal. Gov. Code Section 66499.30 subsections (A) and (B) of this section do not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
D. Sales Conditioned on Final Map Allowed. In accordance with Cal. Gov. Code Section 66499.30, 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."
Section 785: Section 19.04.040 (Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal.
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 , determinations on whether a proposed action is exempt from review pursuant to Cal.
Gov. Code Section 66412 or whether a parcel map may be waived pursuant to Cal. 24-399
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Gov. Code Section 66428 shall be made within sixty (60) days of an application being deemed complete."
Section 786: Section 19.04.050 (Advisory Agencies and Appeal Boards (66415, 66416)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
Pursuant to Cal. Gov. Code Section 66415, 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. 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."
Section 787: Section 19.04.060 (Parcel Maps and Tract Maps (66411.1, 66428)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411 A, 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. 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." Section 788: Section 19.04.080 (Enforcement (66499.32 et seq.)) of Chapter
19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).
A. 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 . In addition, the City may elect other remedies for violation of this title, as provided in the Cal. Gov. Code sections cited above.
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B. 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.
C. Enforcement Responsibility. It shall be the duty of the Community Development Director or the directors authorized representative to enforce the provisions of this title." Section 789:Section 19.04.090 (Definitions (66414 et seq.)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as follows:
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).
A. Meanings Same as Zoning Code and SMA. Unless otherwise defined in this Section, terms used in this title shall have the same meaning as applied to them in the Zoning Code (Title 20) and the Subdivision Map Act. Also, certain terms used in this title shall correspond to equivalent terms in the Subdivision Map Act as shown below:
Equivalent Terms in
Terms Used in this Title
Subdivision Map Act
Final tract map
Final map
Final parcel map
Parcel map
Tentative tract map
Tentative map
Tentative parcel map
Tentative map
B. Terms Defined. For the purposes of this title, certain terms shall have the meanings shown below:
"Alley" means a public or private way permanently reserved primarily for vehicular service access to the rear or side of properties which otherwise abut on a street. An alley shall not be considered a street. [Note: Same meaning as in the Zoning Code.] "Building site" means a parcel or contiguous parcels of land which constitute a site eligible for building development under the requirements of Titles 19 (Subdivisions) and 20 (Planning and Zoning).
"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 4105, 4125, and 4190. 24-401
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"Development" means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. [Note: Same meaning as in the Subdivision Map Act.] "Design" means: (1) Street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights -of -way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan. [Note: Same meaning as in the Subdivision Map Act.]
"Design criteria" means standards for public works design and improvements as embodied in the current revisions of the City -adopted "Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction," the "Standard Specifications for Public Works Construction," all applicable City Council policies or successor standards to any of the above adopted by the City. "Driveway" means a designated passageway providing vehicular access between a street and a garage or carport, a designated parking area or other driveway or street. A driveway shall not be considered a street. [Note: Same meaning as in the Zoning Code.] "Final map" means a final tract map or a final parcel map. "Final parcel map" means a recorded subdivision map which is in substantial conformance with an approved or conditionally approved tentative parcel map and which complies with the provisions of this Subdivision Code and the Subdivision Map Act.
"Final tract map" means a recorded subdivision map which is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map and which complies with the provisions of this Subdivision Code and the Subdivision Map Act.
"improvement" means any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. Improvement also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure 24-402
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consistency with, or implementation of, the General Plan or any applicable specific plan. [Note: Same meaning as in the Subdivision Map Act.]
"Inundation" means ponded water or water in motion of sufficient depth to damage property due to the presence of water or to the deposition of silt. "Lot" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. [Note: Same meaning as in the Zoning Code.]
"Lot width" means the mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at points twenty (20) feet from the front lot line and twenty (20) feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. [Note: Same meaning as in the Zoning Code.] Parcel: See "lot."
"Remainder parcel" means that portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map. A remainder parcel is not necessarily a legal building site.
"Right-of-way" means a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.
Site: See "building site."
"Street" means a public or private vehicular right-of-way, including local streets, commuter streets and arterial highways, but not including alleys, driveways or offroad bikeways. [Note: Same meaning as in the Zoning Code,]
"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers. [Note: Same meaning as in the Subdivision Map Act.]
"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 24-403
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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 6542(F), a community apartment project, as defined in Cal. Civ. Code Section 4105 or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Cal. Civ. Code Section 4190 or 6566.
"Subdivision Map Act" or "SMA" means Cal. Gov. Code Title 7, Division 2, Section 66410 et seq.
"Tentative map" or "tentative subdivision map" means a tentative tract map or a tentative parcel map.
"Tentative tract map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. "Tentative parcel map" means a map made for the purpose of showing the design and improvement of a proposed parcel map subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
"Vehicular access rights" means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land. "Vesting tentative map" means a tentative map which meets the requirements of Section 66452 of the Subdivision Map Act.
"Zoning Code" means Title 20 of the Code.
Section 790: The Table of Contents for Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as follows:
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).
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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).
Section 791: Section 19.08.010 (When Tract Maps Required (66426)) of Chapter
19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.010 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
Approval of a tentative and final tract map shall be required in accordance with this title for any subdivision creating five (5) or more parcels, five (5) or more condominiums as defined in Cal. Civ Code Section 783, a community apartment project containing five (5) or more parcels or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except for those activities excluded by Section 19.04.040, or where:
A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City;
B. Each parcel created by the division has a gross area of twenty (20) acres or more and has approved access to a maintained public street or highway; C. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths;
D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section; or A tentative and final parcel map shall be required for those subdivisions described in subsections (A) through (D) of this section."
Section 792: The section heading for Section 19.08.020 (When Parcel Maps Required (66412, 66426, 66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
°19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428)."
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Section 793: Subsection (A)(1) of Section 19.08.020 (When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read to read as set forth in the quotations below:
"1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Cal. Pub. Util. Code Section 230, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing;" Section 794: The section heading for Section 19.08.030 (Waiver of Parcel Map Requirement (66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428)." Section 795: Subsection (A) of Section 19.08,030 (Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428)) of 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Activities Eligible for Waiver. The Community Development Director may waive all or part of the requirements for a tentative and final parcel map in the following cases:
1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
2. Division of real property resulting from the conveyance of land or any interest therein to or from the City or other public entity for public purposes, such as school sites, public building sites, or rights -of -way or easements for streets, sewers, utilities, drainage, and similar facilities; or
3. Mergers resulting in the net elimination of no more than three parcels; or
4. A division requiring a parcel map imposed by Cal. Gov. Code Section 66426.
Section 796: Section 19.08.040 (Tentative Map Application) of Chapter 19.08 (Tentative Map Filing (66451.2, 66452)) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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.
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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 66451.2 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 the Cal. 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."
Section 797: Section 19.08.050 (Completeness of Application (65943)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) 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.
C. Time Limits for Review. Time limits for review and for decisions regarding subdivision applications shall be in accordance with Chapter 19.12." Section 798: Section 19.08.060 (Soils Reports (66490, 66491)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491). 24-407
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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 66491."
Ordinance No. 2023-
Section 799: The Table of Contents for Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as follows:
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.
Section 800: Section 19.12.030 (Review of Tentative Maps by Other Agencies (66453 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).
Within five (5) days of a tentative map being determined to be complete pursuant to Section 19.08.050, copies of the map shall be sent to all local and State agencies prescribed by Cal. Gov. Code Section 66453 et seq. 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."
Section 801: Section 19.12.040 (Environmental Review (Cal. Gov Code Section 66452.1)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 CEQA, the Zoning Code and City procedures. The 24-409
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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 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 to mitigate a project's environmental impacts."
Section 802: The section heading for Section 19.12.050 (Review of Tentative Tract Maps (66451.1, 66452.1 et seq., 66474.9)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9)."
Section 803: Subsections (C), (E)(2), (G), (H), (1)(3), (1)(4), (J) and Section title of Section 19.12.050 (Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth below:
below: Subsection (C) of Section 19.12.050 shall read as set forth in the quotations "C. Public Hearings. Public hearings shall be noticed and held in accordance with Cal.
Gov. Code Sections 65090, 65091, and 66451.3 and City procedures." below.Subsection (E)(2) of Section 19.12.050 shall read as set forth in the quotations •
2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to this title, the 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." 24-410
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Subsections (G) and (H) of Section 19.12.050 shall read as set forth in the quotations below:
"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. Code and 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, 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." Subsection (1)(3)(4) of Section 19.12.050 shall read as set forth in the quotations below:
"3. 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 66451.2. A call for review is exempt from the payment of a filing fee under Section 3.36.030.
4. 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 66461.3 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."
Subsection (J) of Section 19.12.050 shall read as set forth in the quotations below:
"J. Indemnification of City. Pursuant to Cal. Gov. Code Section 66474.9, 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. 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." 24-411
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Section 804: Subsections (A)(2) and (B) of Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code are hereby amended and Subsection (A)(5) is hereby added, to read as set forth below:
Subsection (A)(2) of Section 19.12.060 shall read as set forth in the quotations below.
"2. Procedures. Except as provided in subsection (A)(5), the 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."
Subsection (A)(5) of Section 19.12.060 shall read as set forth in the quotations below.
"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." Subsection (B) of Section 19.12.060 shall read as set forth in the quotations below. "B. Appeal or Call for Review of Zoning Administrator Action.
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. Code Section 66463.5, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council. 24-412
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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. Gov. Code Section 66463.5. 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.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee set by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision." Section 805: The section heading for Section 19.12.070 (Required Findings for Action on Tentative Maps (66412.3, 66473 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.)."
Section 806: Subsections (A)(7) and (A)(9) of Section 19.12.070 (Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code are hereby amended to read as set forth below:
Subsection (A)(7) of Section 19.12.070 shall read as set forth in the quotations below.•
"7. That, in the case of a "land project" as defined in Cal. Bus. & Prof. Code Section 11000.5: (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;"
Subsection (A)(9) of Section 19.12.070 shall read as set forth in the quotations below.
"9. That the subdivision is consistent with Cal. Gov. Code Sections 66412.3 and 65584 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;"
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Section 807: The section heading for Section 19.12.080 (Use of Regulations in Effect at Time of Map Filing (66474.2)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2)."
Section 808: Subsection (B) of Section 19.12.080 (Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"B. New Regulations Initiated Before Application Determined Complete. Subsection (A) of this section shall not apply if the City, prior to determining a tentative map application to be complete, has done both of the following:
1. Initiated proceedings by way of ordinance, resolution or motion to amend this Subdivision Code, the Zoning Code, the General Plan, any applicable specific plan(s) or other applicable City regulations; and
2. Published a public hearing notice in accordance with Cal. Gov. Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change(s) to this Code, the General Plan, any applicable specific plan(s) or other City regulations.
If both subsections (B)(1) and (2) of this section have been met, the City may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date the City approves or denies the tentative map." Section 809: Section 19.12.090 (Amendments to Approved Tentative Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 Community Development Director provided the Director determines that all of the following criteria are met:
1. No lots, units, building sites or structures are added to the project;
2. The changes involve no substantial change in lot configuration, street layout, improvements or conditions of approval;
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3. The changes are consistent with the intent of the original tentative map approval; and
4. The resulting tentative map remains in conformity with this Subdivision Code, other applicable provisions of this Code and the Subdivision Map Act.
A minor amendment shall not alter the expiration date of the tentative map unless an extension is also approved in accordance with Chapter 19.16.
B. Major Amendments. If the Community 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."
Section 810:The Table of Contents for Chapter 19.16 (Tentative Map Expiration and Extension) of Title 19 of the Code is hereby amended to read as follows:
Chapter 19.16
TENTATIVE MAP EXPIRATION AND EXTENSION
Sections:
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19A6.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
Section 811: The section heading for Section 19.16.010 (Expiration of Tentative Maps (66452.6, 66463.5)) of Chapter 19.16 (Tentative Map Expeiration and Extension) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5)."
Section 812: Section 19.16,020 (Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5)) of Chapter 19.16 (Tentative Map Expiration and Extension) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
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"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 malting 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. :
1. Public Improvements and Development Agreements. The tentative map shall be automatically extended pursuant to Cal. Gov. Code Section 66452.6 if the subdivider is required to provide off -site public improvement requirements above the dollar amount specified in Cal. Gov. Code Section 66452.6. Extensions of tentative maps on property subject to a development agreement shall also be administered pursuant to that 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 moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
3. Lawsuits. The period of time specified in 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."
Section 813: The Table of Contents for Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.20
VESTING TENTATIVE MAPS
Sections:
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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 to Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
Section 814: Section 19.20.010 (Purpose (66498.1)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
This Chapter is enacted to implement Cal. 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."
Section 815, The section heading for Section 19.20.020 (Vested Right to Proceed (66498.1, 66498.5, 66474.2)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2)."
Section 816: Subsection (A) and of Section 19.20.020 (Vested Right to Proceed (Cal Gov. Code Sections 66498.1, 66498.5, 66474.2)) of Title 19 of the Code is hereby amended to read as follows:
"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. However, if Cal. Gov. Code Section 66474.2 is repealed, 24-417
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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."
Section 817: The section heading for Section 19.20.030 (Consistency of Vesting Map with Zoning (66498.3)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3)."
Section 818: The section heading for Section 19.20.050 (Vesting Tentative Maps and Conditions Imposed (66498.1, 66498.6)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in.the quotations below, to read as follows:
"19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6)."
Section 819: The section heading for Section 19.20.060 (Expiration of Map and Right to Proceed (66498.5)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5)."
Section 820: The section heading for Section 19.20.070 (Amendments To Vesting Tentative Maps (66498.2)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.070 Amendments to Vesting Tentative Maps (Cal. Gov. Code Section 66498.2)."
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Section 821:The Table of Contents for Chapter 19.24 (Subdivision Design) of Title 19 of the Code is hereby amended to read as follows:
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
19.24.120
Design of Other Improvements.
19.24.130
Deviation from Design Standards.
Section 66473.1).
Section 822: Section 19.24.110 (Energy Conservation (Section 66473.1)) of Chapter 19.24 (Subdivision Design) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.24.110 Energy Conservation (Cal. Gov. Code Section 66473.1).
In accordance with Cal. Gov. Code Section 66473.1, subdivisions of five (5) 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." Section 823:The Table of Contents for Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as follows:
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.
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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.
Section 824: Section 19.28.030 (Limitations on Parcel Map Improvements (Section 66411.1)) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).
A. Limitation. In accordance with Cal. Gov. Code Section 66411.1, 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.
B. Timing of Improvements. Fulfillment of parcel map construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the City or until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the tentative parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City that fulfillment of the construction requirements is necessary for either of the following reasons: (1) The public health and safety, or (2) the required construction is a necessary prerequisite to the orderly development of the surrounding area."
Section 825: Section 19.28.060 (Water Supply) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.28.060 Water Supply.
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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 Beach 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."
Section 826: Subsection (A) of Section 19.28.070 (Sanitary Sewers) of Chapter
19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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, and the latest revision of the Newport Beach Plumbing Code set forth in Chapter 15.08. Sewer cleanouts shall be provided to the satisfaction of the City Engineer."
Section 827: Section 19.28.120 (Improvement Oversizing (66485 et seq.)) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
A. Oversizing. In accordance with Cal. Gov. Code Section 66485, 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 66487, 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." 24-421
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Section 828:The Table of Contents for Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby amended to read as follows:
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.
Section 829: Subsection (A) of Section 19,32.010 (Preparation and Submission of Improvement Plans) of Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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. 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." Section 830: Section 19,32.020 (Review and Approval of Improvement Plans (66456.2)) of Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).
The City Engineer shall review and act upon improvement plans in accordance with the time limits specified in Cal. Gov. Code Section 66456.2. 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."
Section 831:The Table of Contents for Chapter 19.36 (Completion of Improvements) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.36
COMPLETION OF IMPROVEMENTS
Sections:
Ordinance No. 2023-
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.
Section 832: The section heading for Section 19.36.010 (Improvement Agreements (66462)) of Chapter 19.36 (Completion of improvements) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
A9.36.010 Improvement Agreements (Cal. Gov. Code Section 66462)." Section 833: Section 19.36.020 (Acquisition of Land for Off -site Improvements (66462.5)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 834: Section 19.36.030 (Improvement Security (66499 et seq.)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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. The amount of security shall include all of the following:
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A. Performance Security. One hundred percent of the total estimated improvement construction cost to guarantee the construction or installation of all improvements.
B. Material and Labor Security. An additional amount of between fifty (50) percent and one hundred (100) percent, as determined by the City Engineer, of the total estimated improvement construction cost to guarantee payment to the subdivider's contractor, subcontractors and persons supplying material, labor or equipment for the construction or installation of improvements.
C. Warranty Security. An additional amount, as determined by the City Engineer, necessary to warranty the improvement construction for a period of one year following City acceptance thereof against any defective work or materials.
D. Additional Security. If the improvement security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional security amount shall be provided as determined by the City Engineer necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the City in successfully enforcing the obligation secured." Section 835: The section heading for Section 19.36.040 (Reduction of Security with Special Assessments (66499.5)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.36.040 Reduction of Security with Special Assessments (Cal. Gov. Code Section 66499.5)."
Section 836: Section 19.36.060 (Release of Security (66499.7)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 66499.7."
Section 837:The Table of Contents for Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as follows:
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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).
19.40.060 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).
Section 838: The section heading for Section 19.40.010 (Dedication of Streets and Other Facilities (66475, 66475.1, 66475.2)) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475A, 66475.2)."
Section 839: Subsection (C) of Section 19.40.010 (Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2)) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 66475.2."
Section 840: Section 19.40.020 (Coastal Access and Open Space Dedications) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 (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."
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Section 841: The section heading
Rights (66476)) of Chapter 19.40 (General
Code is hereby deleted in its entirety and
quotations below, to read as follows:
for Section 19.40.030 (Waiver of Access
Dedication Requirements) of Title 19 of the
replaced with the heading set forth in the
"19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476)." Section 842: Section 19.40.040 (Acceptance of Offers of Dedication (66477.1, 66477.2, 66477.3)) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 843: Section 19.40.050 (Certificates of Dedication (66477.5)) of Chapter
19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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.
B. Reconveyance Upon Determination that Need No Longer Exists. If the City has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider specified in subsection (A) of this Section or to the subdivider's successor in interest, except for all or any portion of the property that is required for that same public purpose or for public utilities.
C. Notice to Subdivider Before Disposition of Dedicated Property. If the City decides to vacate, lease, sell or otherwise dispose of the dedicated property, the local agency shall give at least sixty (60) days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated."
Section 844: The Table of Contents for Chapter 19.48 (School Sites and Fees) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.48
SCHOOL. SITES AND FEES
Sections:
Ordinance No. 2023-
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.
Section 845: Section 19.48.010 (Dedication of Elementary School Sites (66478)) of Chapter 19.48 (School Site Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478)."
Section 846: Section 19.48.020 (Fees for Interim Classroom Facilities (Cal. Gov.
Code Section 65974, 65995)) of Chapter 19.48 (School Sites and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
Pursuant to Cal. Gov. Code Section 65974, 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, Sections 65970-65981 and 65995-65998, respectively.° Section 847:The Table of Contents for Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as follows:
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).
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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).
Section 848: Section 19.52.010 (Purpose and Intent (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 (known as the Quimby Act)."
Section 849: The section heading for Section 19.62,020 (Applicability (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.020 Applicability (Cal. Gov. Code Section 66477)." Section 850: The section heading for Section 19.52.030 (Use of Park Dedications and Fees (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477)." Section 851: Section 19.52.040 (Parkland Standard (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
°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 1110) acres per one thousand (1000) population. Per Cal, Gov. Code Section 66477, 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, 24-428
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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."
Section 852, The section heading for Section 19.52.060 (Dedication of Land (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.060 Dedication of Land (Cal. Gov. Code Section 66477)." Section 853. The section heading for Section 19.52.070 (Fee in Lieu of Dedication (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477)." Section 854: The section heading for Section 19.52.080 (Credit for Private Recreational Facilities (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477)."
Section 855: Subsection (A) Section 19.52,080 (Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 4100, against required land dedications or in lieu fees in accordance with the provisions of this Section."
Section 856: The section heading for Section 19.52.090 (Timing of Dedications (66477.1)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).'° 24-429
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Section 857:The Table of Contents for Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as follows
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) Section 858: Section 19.56.010 (Preparation of Final Maps) (66456, 66457, 66463)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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, as administered and interpreted by the City Engineer."
Section 859: The section heading for Section 19.56.020 (Final Map Application (66433 - 66450)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.56A20 Final Map Application (Cal. Gov. Code Sections 66433 — 66450)." 24-430
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Section 860: Section 19.56.030 (Completeness of Application) (Cal. Gov. Code Section 65943)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) 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."
Section 861: The section heading for Section 19.56.040 (Dedications (66439, 66447)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447)." Section 862: Section 19.56.050 (Survey and Monumentation) (66434, 66495 et. seq.)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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. and the requirements of City Design Criteria to the satisfaction of the City Engineer. In addition, all surveys shall tie into the County"s grid system and Geographic Information System monuments." Section 863: The section heading for Section 19.56.060 (Multiple Final Maps (66456.1, 66463.1)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
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"19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)." Section 864:The Table of Contents for Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended to read as follows:
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).
Section 865: The section heading for Section 19.60.010 (City Council Review (66458, 66463, 66474.1)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1)." Section 866: Section 19.60.020 (Acceptance or Rejection of Dedications (66458, 66463, 66474.1)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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."
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Section 867: Section 19.60.030 (Payment of Taxes and Assessments (66493, 66494)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 66493. 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."
Section 868: The section heading for 19.60.040 (Recordation of Final Maps (66464, 66493)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
1119.60.040 Recordation of Final Maps (Cal. Gov. Code Section 66464, 66493)." Section 869: The section heading for 19.60.050 (Additional Information to be Recorded (66434.2)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2)."
Section 870: The Table of Contents for Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as follows:
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 66427A).
19.64,060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).
19.64.070 Standards for Condominium Conversions.
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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).
Section 871: Subsection (B) of Section 19.64.010 (Purpose and Intent) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Civ.
Code Sections 4105, 4125 and 4190, 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 Cal. Civ. Code Sections 4105, 4125 and 4190, 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.
Section 872: Subsection (A) of Section 19.64.020 (Definitions) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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." Section 873: Subsection (A) of Section 19.64.030 (General Requirements) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 24-434
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which residential uses are permitted, including planned communities, except within the R-BI District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted."
Section 874: Section 19.64.040 (Tenant Notification (Cal. Gov. Code Sections 64427.1, 66452.8)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.8, 66452.9).
Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows:
A. Existing Tenants. At least 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 66462.18 to 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 66452.17 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 66452.17.
C. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Community Development Director that the notification requirements specified in subsections (A) and (B) of this section have been or will be satisfied."
Section 875: Section 19.64.050 (Tenant Purchase Option (66427.1)) of Chapter
19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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 24-435
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public report pursuant to Cal. Bus. & Prof. Code Section 11018.2 unless the tenant gives prior written notice of his or her intention not to exercise the right." Section 876: The section heading for Section 19.64.060 (Review Procedures (66427.1, 66427.2)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.64.060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).°' Section 877: Subsections (B) and (C) of Section 19.64.060 (Review Procedures (Cal. Gov. Code Sections 66427.1, 66427.2)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code are hereby amended to read as set forth in the quotations below:
"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.
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 regarding tenant notification, right to purchase and other requirements."
Section 878: Section 19.64.110 (Agreement to Retain Rental Housing (66452.50)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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." Section 879:Section 19.68.010 (Purpose and Intent) of Chapter 19.68 (Merger of Contiguous Lots) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
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"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 66499.20.3. These provisions are intended to be consistent with the Subdivision Map Act and shall be so construed.:
Section 880: Subsection (B) of Section 19.68.020 (Exemptions) of Chapter 19.68 (Merger of Contiguous Lots) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"B. Lots in R-BI 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."
Section 881:The Table of Contents for Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as follows:
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.).
Section 882: The section heading for Section 19.72.010 (Purpose and Intent (66499.11)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11)." Section 883: Section 19.72.020 (Initiation and Filing (66499.12, 66499.13, 66499.14)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
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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 filing fee may be required as established by resolution of the City Council."
Section 884: Section 19.72.030 (Review Process and Findings (66499.15, 66499.16)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 885: Section 19.72.040 (Conditions Imposed on Reversions (66499.17)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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." Section 886:Section 19.72.050 (Recordation of Reversions (66499.18. et seq.)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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."
Section 887: The Table of Contents for Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.80
CERTIFICATES OF COMPLIANCE
Sections:
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19.80.010 Description (Cal. Gov. Code Section 66499.36).
19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).
Section 888:The section heading for Section 19.80.010 (Description (66499.35)) of Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.80.010 Description (Cal. Gov. Code Section 66499.35)." Section 889: Section 19.80.020 (Review Per Map Act (Cal. Gov. Code Section 66499.35)) of Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"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." Section 890: Section 19.90.010 (Purpose and Scope) of Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
19.90.010 Purpose and Scope.
This chapter serves to implement Cal. Gov. 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."
Section 891:Subsections (B), (D), and (F) of Section 19.90,020 (Application and Review of Tentative Parcel Maps for Urban Lot Splits) of Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19 of the Code are hereby amended to read as set forth in the quotations below:
Subsection (B) of Section 19.90.020 shall read as set forth in the quotations below.
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"13. 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 and shall not exceed the amount reasonably required to administer provisions of this title." below:Subsection (D) of Section 19.90.020 shall read as set forth in the quotations "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:
1. A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot; b. Zoning district and General Plan land use category;
c. The location and use of all existing and proposed structures; d. All required zoning setbacks for the existing and proposed lots; e. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
f. The location of all proposed new water, sewer, electricity, storm drain, lines, pipes, or systems;
g. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public right-of-way.
2. A statement of the owner, signed under penalty of perjury under the laws of California, that;
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a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
L Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income,
ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;
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. to withdraw accommodations from rent or lease within fifteen (15) years prior to the date that the development proponent submits an application;
iv. Housing that has been occupied by a tenant in the last three years; b. The lot has not been established through prior exercise of an urban lot split under this chapter;
c. Neither the owner of the lot being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent lot under the provisions of this chapter;
d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the final parcel map; e. Rental terms of any unit created by the subdivision shall not be rented for a period of less than thirty (30) days; and
f. The uses allowed on a lot created by the parcel map shall be limited to residential uses."
Subsection (F) of Section 19.90.020 shall read as set forth in the quotations below:
"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), , 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." 24-441
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Section 892: The Table of Contents for Title 20 (Planning and Zoning) of the Code is hereby amended to read as follows:
Chapters:
Title 20
PLANNING AND ZONING*
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-CV115th 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
Part 5. Planning Permit Procedures
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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
20.70 Definitions
20.80 Maps
Part 7. Definitions
Part 8. Maps
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
Section 893: Subsection (A) of Section 20.10.050 (Responsibility for Administration) of Chapter 20.10 (Purpose and Applicability of the Zoning Code) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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 Community Development Director, hereafter referred to as the "Director"; the Zoning Administrator; and the Community Development Department, hereafter referred to as the "Department," and any other City official or body as specifically identified."
Section 894:Table 2-2 of Section 20.18.030 (Residential Zoning Districts General Development Standards) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 of the Code is hereby amends the row titled "Bluff edge setback" to read as follows:
Table 2-2
Bluff edge [As provided in Section 20.28.040 (Bluff (B) Overlay District). See also 24-443
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setback Section 21.28.040
Section 895: Table 2-4 of 20.20,020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code hereby amends the row titled " Take Out Service — Fast Casual(up to 20 seats)(1)(2)" and add the row entitled "Alcohol Sales (off-sale)(with late hours)(1)" to read as follows:
Table 2-4
Take -Out Service —Fast -Casual (up to
PIMUP
PIMUP
PIMUP
PIMUP
Section 20.48.
20 seats) (1) (2)
090
Alcohol Sales (off -sale) (with late
CUP
CUP
CUP
CUP
Section
hours) (1)
20.48.030
Section 896: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended to read as set forth in the quotations below:
"(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), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 897:Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code hereby amends the row titled "Take -Out Service — Fast Casual (up to 20 seats)(1)(2)" and adds the row titled "Alcohol Sales (off-sale)(with late hours)(1)" to read as follows:
Table 2-5
Take -Out Service —Fast-
PIMUP
PIMUP
PIMUP
PIMUP
PIMUP PIMUP
Section
Casual (up to 20 seats) (1) (2)
20.48.090
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Alcohol Sales (off -sale) (with CUP
CUP
CUP
CUP
CUP
CUP
Section
late hours) (1)
20.48.030
Section 898: Note (2) of Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"(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), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 899: Table 2-8 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV115TH ST., MU-W1, MU-W2) of Title 20 of the Code hereby amends the row titled "Take -Out Service — Fast Casual (up to 20 seats)(4)(5)" and adds the row titled "Alcohol Sales (off-sale)(with late hours)(4)" to read as follows:
Take -Out Service —Fast -Casual (up to
PIMUP
PIMUP
PIMUP
PIMUP
Section 20.4.8.090
20 seats) (4) (5)
Alcohol Sales (off -sale) (with late
CUP
CUP
CUP
Section 20.48.030
hours) (4)
Section 900: Note (5) of Table 2-8 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CVI15TH ST., MU-W1, MU-W2) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"(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.
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b. Except as provided in (5)(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 901: Table 2-9 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CVI15TH ST., MU-W1, MU-W2) of Title 20 of the code hereby amends the row titled "Take -Out Service —Fast -Casual (up to 20 seats) (3)(4)" to read as follows:
ake-Out Service---Fast-Casual (up to 20 seats) (3)(4) JPIMUP JPIMUP ISection 20.48.090 Section 902: Note (4) of Table 2-9 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV115TH ST., MU-W1, MU-W2) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"(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), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 903: Subsection (13)(3) of Section 20.28.020 (Mobile Home Park (MHP) Overlay Zoning District) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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. Gov. Code.
a. A phase out plan shall not be found to be acceptable unless it includes all of the following:
i. A time schedule and method by which existing mobile homes, cabanas, ramadas, and other substantial improvements and tenants are to be relocated or appropriately compensated;
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ii. Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants who are handicapped; and iii. The programs or other means that are to be implemented properly address the housing impacts on those described in subsection (B)(3)(a)(ii) of this section are mitigated.
b. For purposes of this finding, "low and moderate incomes" shall be defined in compliance with the provisions of the City's Housing Element." Section 904:Subsection (D) of Section 20.28.040 (Bluff (B) Overlay District) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is hereby amended to read as set forth in the quotations below. "D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibit 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 Exhibit B-1) All contour lines refer to NAVD 88 contours.
1. Kings Place (104-112 and 204-224).
a. 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. b. Development Area C. All portions of the lot not located in Area A.
2. Kings Place (116-200).
a. Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map.
b. Development Area B. All portions of the lot not located in Area A or C. c. Development Area C. Between the down slope boundary of Area A and a development line established at the twenty-six (26) foot contour line. d. 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."
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Section 905: Subsection (A) of Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of Chapter 20.30 (Property Development Standards) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"A. 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 429001 and Chapter 6.04 and Chapter 6.06."
Section 906: Subsections (L) and (0) of Section 20.32.020 (Definitions) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as set forth below:
below: Subsection (L) of Section 20.32.020 shall read as set forth in the quotations "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. 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."
below: Subsection (0) of Section 20.32.020 shall read as set forth in the quotations "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 of Section 214 (G)." Section 907: Subsection (A)(8) of Section 20.32.030 (Eligibility for Density Bonus and Incentives) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12, 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."
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Section 908: Subsection (C)(4) of Section 20.32.050 (Allowed Density Bonuses) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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 Section 103577(3)(e), 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."
Section 909: Subsections (13)(3)(b)(c) of Section 20.32.060 (Parking Requirements in Density Bonus Projects) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as set forth in the quotations below:
"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 and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight (8) times per day; or
c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf. Code Section 51312, or supportive housing development as defined in Cal. Health & Saf. Code Section 50675.14, and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight (8) times per day."
Section 910: Subsection (B) of Section 20.32.130 (Continued Availability) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"B. Affordable Costs. The rents and owner -occupied costs charged for the housing units shall not exceed the following amounts during the period of continued availability required by this section:
1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal. Health & Saf. Code Section 50053; and
2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5." Section 911: Subsections (A)(1), (A)(2)(a), and (B)(2) of Section 20.32.140 (Occupancy and Resale of Ownership Units) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as set forth below:
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Subsection (A)(1) of Section 20.32.140 shall read as set forth in the quotations below.
"I , 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, and subject to an equity sharing agreement."
Subsection (A)(2)(a) of Section 20.32.140 shall read as set forth in the quotations below.
"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. & Tax. Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no -interest loan program;"
Subsection (B)(2) of Section 20.32. 140 shall read as set forth in the quotations below.
"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 & Saf. Code Section 33334.2(e) that promote home ownership.
For the purposes of this section:
a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value;
b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and c. The initial subsidy shall include any incentives granted by the City and shall be equal to the monetary equivalent of the incentives."
Section 912: Chapter 20.34 (Conversion or Demolition of Affordable Housing) of Title 20 of the Code is hereby deleted in its entirety.
Section 913: Subsection (F) of Section 20.42.030 (General Provisions) of Chapter 20.42 (Sign Standards) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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 24-450
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adopted. The City adopts this policy in compliance with Cal. Gov. Code Section 65860 and Cal. Bus. & Prof. Code Sections 5354(a) and 5408.3. 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. & Prof. Code Section 5412." Section 914: Subsection (C)(2)(b)(i) of Section 20.48.030 (Alcohol Sales) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
1. A pattern of documented violations of the permit conditions, this Zoning Code, this Code, the Cal. Pen. Code, or other State statutes; or"
Section 915:Subsection (A)(3) of Section 20.48.060 (Bed and Breakfast Inns) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"3. Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with Cal. Bus. & Prof. 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)." Section 916: Subsection (G)(2)(b)(i) of Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
1. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Cal. Pen. Code, or other State statutes; or" Section 917: Without making any changes to the subsections, the introductory paragraph to Section 20.48.100 (Emergency Shelters) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"This section provides standards for the establishment and operation of emergency shelters in compliance with Cal. Gov, Code Section 65583.11 Section 918: Subsections (A), (13)(4), fl(3)(c)(iii) and (J) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code are hereby amended to read as set forth below:
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Subsection (A) of Section 20.48.200 shall read as set forth in the quotations below:
"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 Park 7 (Definitions) of this title and in Cal. Gov. Code Sections 65852.2 and 65852.22, 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." Subsection (B)(4) of Section 20.48.200 shall read as set forth in the quotations below.•
"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 or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Section 17980.12."
Subsection (F)(3)(c)(iii) of Section 20.48.200 shall read as set forth in the quotations below.
"iii. An accessory dwelling unit constructed on a loft with an existing or proposed single - unit or multiunit 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 Cal. Pub.
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." Subsection (J) of Section 20.48.200 shall read as set forth in the quotations below:
"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 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."
Section 919:The introductory paragraph and Subsections (13)(3)(c)(d)(e), (13)(4)(b)(i)(ii), (13)(4)(m), and (13)(5)(g) of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts) of 24-452
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Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code are hereby amended to read as set forth below:
The introductory paragraph of Section 20.48.205 shall read as set forth in the quotations below.
"This section provides regulations for the creation of SB 9 housing developments and urban lot splits as required pursuant to Cal. Gov. Code Sections 65852.21 and 66411.7.
This section shall sunset automatically without action of the City in the event Cal. Gov.
Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law."
Subsection (B)(3)(c)(d)(e) of Section 20.48.205 shall read as set forth in the quotations below:
"c. Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act (Cal. Gov. 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."
d. Historic Resource. The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Cal. Pub. Resources Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
e. Environmental Resource or Hazard. As specified in Cal. Gov. Code Section 65913.4, the development is located on a lot that is any of the following:
i. Either prime farmland or farmland of statewide importance; ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development is designed to comply with Section 9.04.380 (Requirements for Wildland Urban Interlace Fire Areas);
iv. A hazardous waste site, unless the lot has been appropriately cleared for residential use;
v. Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards; 24-453
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A Within a special flood hazard area as mapped by the most recent adopted Flood Insurance Rate Plan, unless the development is designed to comply with Chapter
15.50 (Floodplain Management);
plan;
vii. Within a regulatory floodway;
viii. Lands identified for conservation in an adopted natural resource protection ix. Lands that include habitat for protected species; and/or x. Lands subject to a conservation easement."
Subsection (B)(4)(b)(i)(ii) of Section 20.48.205 shall read as set forth in the quotations below:
'T One-half mile walking distance of a high -quality transit corridor, as defined in Cal.
Pub. Resources Code Section 21155;
ii. One-half mile walking distance of a major transit stop, as defined in Cal. Pub.
Resources Code Section 21064.3; or"
Subsection (B)(4)(m) of Section 20.48.205 shall read as set forth in the quotations below:
"m. Findings for Denial of an SIB 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 Cal.
Gov. 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."
Subsection (8)(5)(g) of Section 20.48.205 shall read as set forth in the quotations below.•
"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 (3) 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. & Tax. Code 24-454
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Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in Cal.
Rev. & Tax. Code Section 214.15."
Section 920: Subsection (13)(3) of Section 20.48.230 (Tattoo Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"I 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 this Code."
Section 921: Subsections (B), (E)(2) and (F) of Section 20.49.020 (Effect of Chapter) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as set forth below:
Subsection (B) of Section 20.49.020 shall read as set forth in the quotations below.
"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 prior to installation of the facility, consistent with Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property)." Subsection (E)(2) of Section 20.49.020 shall read as set forth in the quotations below.
"2. Requirements established by any other provision of this Code and by any other ordinance and regulation of the City."
Subsection (F) of Section 20.49.020 shall read as set forth in the quotations below.
"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 24-455
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legal, nonconforming uses or structures that may be applicable pursuant to provisions of this Code or federal and State laws as they may be amended or enacted, in the future." Section 922: Subsection (S) of Section 20.49.030 (Definitions) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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 Cal. Pub. Util. 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."
Section 923:Subsections (F)(3)(b), (F)(6)(b)(1) and (J)(2) of Section 20.49.050 (General Development and Design Standards) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as set forth below:
Subsection (F)(3)(b) of Section 20.49.050 shall read as set forth in the quotations below:
"b. New or replacement vertical structures may be allowed when authorized by this 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 the area."
Subsection (F)(6)(b)(i) of Section 20.49.050 shall read as set forth in the quotations below.
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 this 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 this Code." 24-456
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Subsection (J)(2) of Section 20.49.050 shall read as set forth in the quotations below.
"2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code."
Section 924: Subsections (B), (C), (E) and (F) of Section 20.49.060 (Permit Review Procedures) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as set forth below:
Subsections (B) and (C) of Section 20.49.060 shall read as set forth in the quotations below.
"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 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." Subsections (E) and (F) of Section 20.49.060 shall read as set forth in the quotations below.
"E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and consistent with Cal. Gov. Code Section 65850.6, 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. 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. The Police Chief 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."
Section 925: Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
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"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 this Code and any applicable provisions of the City Council Policy Manual.
Prior to City approval of a license agreement, the applicant shall obtain a MUP, CUP, LTP or ZC. Upon the issuance of a MUP, CUP, LTP or ZC, as required, and with an approved license agreement, the applicant shall obtain any and all necessary ministerial permits, including encroachment permits for work to be completed in the public right-of- way and building permits, etc. All costs of said permits shall be at the sole and complete responsibility of the applicant. All work shall be performed in accordance with the applicable City standards and requirements."
Section 926:Table 5-1 (Review Authority) of Section 20.50.020 (Multiple Permit Applications) of Chapter 20.50 (Permit Application Filing and Processing) of Title 20 of the Code is hereby amended to replace the row entitled "Reasonable Accommodations" to read as follows:
TABLE 5-1
Reasonable
Accommodations
Section
20.52.070
Decision
Appeal
Appeal
Section 927: Subsection (A) of Section 20.52.015 (Affordable Housing Implementation Plan) of Chapter 20.52 (Permit Review Procedures) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"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. Code Section 65915 et seq. and Chapter 20.32." Section 928: Subsections (G)(5) and (H)(11) of Section 20.52.040 (Limited Term Permits) of Chapter 20.62 (Permit Review Procedures) of Title 20 of the Code are hereby amended to read as set forth below:
Subsection (G)(5) of Section 20.52.040 shall read as set forth in the quotations below.
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"5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations." Subsection (H)(11) of Section 20.52.040 shall read as set forth in the quotations below.•
11. Compliance with Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of this Code and the successful granting of all required permits from any other department or governing agency; and"
Section 929:The Table of Contents for Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read as follows:
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
Community Development Director.
Section 930: Section 20.60.010 (Purpose) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community Development Director in the administration of this Zoning Code." Section 931: Subsection (B) of Section 20.60.020 (City Council) of Chapter
20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan and this Code standards that apply to development and to further the public health, safety, and general welfare of the community."
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Section 932: Subsections (B) and (C) of Section 20.60.030 (Planning Commission) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code are hereby amended to read as set forth in the quotations below:
"B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and this Code, including the following:
1. Approve, conditionally approve, or deny the applications prescribed by this Zoning Code (e.g., conditional use permits, planned development permits, variances, etc.) and tentative tract maps in compliance with Title 19 (Subdivision Code);
2. Review the effectiveness and appropriateness of this Zoning Code and recommend amendments or changes to the Council as it deems appropriate;
3. Provide recommendations to the Council for final decisions on legislative acts (e.g., General Plan and amendments, specific plans and amendments, zoning amendments), and other applicable policy or ordinance matters related to the City's planning process. Additionally, the Commission shall provide recommendations to the Council on all concurrent applications filed with legislative act applications; and
4. Hear and decide appeals for all Zoning Administrator decisions and Director determinations in compliance with Chapter 20.64 (Appeals).
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan and this Code standards that apply to development and to further the public health, safety, and general welfare of the community."
Section 933: Subsection (C) of Section 20.60.040 (Hearing Officer) of Chapter
20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended as set forth in quotation below:
"C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan and this Code's standards that apply to development and to further the public health, safety, and general welfare of the community."
Section 934: Subsections (13)(1) and (C) of Section 20.60.050 (Zoning Administrator) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code are hereby amended as set forth below:
Subsection (B)(9) of Section 20.60.050 shall read as set forth in the quotations below:
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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 this Code as well as the following:
a. Condominium conversions involving four or fewer units, through the approval of a tentative parcel map, in compliance with Title 19 (Subdivisions); b. Lot line adjustments, in compliance with Title 19 (Subdivisions); c. Tentative parcel maps, in compliance with Title 19 (Subdivisions); and d. Merger of contiguous lots in compliance with Title 19 (Subdivisions)." Subsection (C) of Section 20.60.050 shall read as set forth in the quotations below:
"C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan and this Code's standards that apply to development and to further the public health, safety, and general welfare of the community."
Section 935: The section heading for Section 20.60.060 (Planning Director) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"20.60.060 Community Development Director."
Section 936: Subsection (13)(1) of Section 20.64.030 (Filing and Processing of Appeals and Calls for Review) of Chapter 20.64 (Appeals) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"1. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Cleric, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by this Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
a. Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department;
b. Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk;
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c. Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and
d. Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk."
Section 937: Section 20.70.010 (Purpose of Part) of Chapter 20.70 (Definitions) of Title 20 of the Code introductory paragraph is hereby amended to read as set forth in the quotations below:
"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 this 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.
As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise."
Section 938, Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 of the Code it hereby amended to delete the definition of "Conversion" in its entirety; and to make the following modifications to the specific definitions set forth below, without making any other changes to the other definitionsset forth in Section 20.70.020:
The definition of Affordable Housing Cost, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Cal.
Health & Saf. Code Section 50052.5."
The definition of Affordable Rent, set forth in Section 20.70,020, shall read as set forth in the quotations below.
"Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Section 50053."
The definition of Alcohol sales, off sale, accessory only (land use), set forth in Section 20. 70. 020, shall read as set forth in the quotations below. 24-462
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"`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 drug stores, grocery stores, and supermarkets, but do not include convenience markets."
The definition of Animal -Keeping (Land Use), Subsection 3, Animal Wild, set forth in Section 20. 70.020, shall read as set forth in the quotations below. °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 Section 671 (Importation, Transportation and Possession of Live Restricted Animals)." The definition of Area Median Income, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'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 Section 6932."
The definition of California Environmental Quality Act (CEQA), set forth in Section 20.70.020, shall read as set forth in the quotations below. - "'California Environmental Quality Act (CEQA)' means a State law (Cal. Pub. Resources Code Section 21000 et seq.)."
The definition of Condominium, set forth in Section 20.70.020, shall read as set forth in the quotations below. -
"'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 Cal. Civ. Code Section 1351." 24-463
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The definition of Demolition, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Demolition' means; the deliberate removal or destruction of the frame or foundation of a portion of a structure."
The definition of Director, set forth in Section 20, 70.020, shall read as set forth in the quotations below:
"`Director' means the City of Newport Beach Community Development Director or a duly designated representative of the Director."
The definition of Dwelling unit, accessory (land use), set forth in Section
20. 70. 020, shall read as set forth in the quotations below. "'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 Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007." The definition of Emergency shelter (land use), set forth in Section 20.70.020, shall read as set forth in the quotations below:
"`Emergency shelter (land use)' means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with minimal supportive services for homeless persons." The definition of Explosives, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Explosives' means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf.
Code. See also 'Hazardous materials."'
The definition of Final map, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'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. Code Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also 'Parcel map' and 'Tentative map."' 24-464
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The definition of General Plan, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"`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. Code Section 65300 et seq. and referred to in this Zoning Code as the 'General Plan."' The definition of Lot line adjustment, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Lot line adjustment' means, as provided in the Subdivision Map Act (Cal. Gov. 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." The definition of Municipal Code, set forth in Section 20.70.020, shall read as set forth in the quotations below.•
"'Municipal Code' means the Newport Beach Municipal Code of the City of Newport Beach."
The definition of Parcel map, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Parcel map' means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also 'Final map' and 'Tentative map."' The definition of Parolee -Probationer, set forth in Section 20.70.020, shall read as set forth in the quotations below.•
"'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. Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (c) 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 (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."
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The definition of Public trust lands, set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'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 Section 13577). See 'Submerged lands' and 'Tidelands."'
The definition of SB 9 housing development (land use), set forth in Section
20.70.020, shall read as set forth in the quotations below:
"'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 Cal. Gov. Code Section 65852.21."
The definition of Senior citizen housing development, set forth in Section
20.70.020, shall read as set forth in the quotations below:
"'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. Code Section 51.3(b)(4)."
The definition of Specific plan, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Specific plan' means, under Cal. 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)." The definition of Subdivision Map Act, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Subdivision Map Act' means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, as amended, regarding the subdivision of real property." The definition of Submerged lands, set forth in Section 20.70.020, shall read as set forth in the quotations below.
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"'Submerged lands' means lands that lie below the line of mean low tide (14 CCR Section 13577). See 'Public trust lands."'
The definition of Supportive housing, set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'Supportive housing' means housing with no limit on length of stay, that is occupied by the target population, as defined by Cal. Health & 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."
The definition of Tentative map, set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'Tentative map' means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. 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."'
The definition of Tidelands, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Tidelands' means lands that are located between the lines of mean high tide and mean low tide (14 CCR Section 13577). See 'Public trust lands."' The definition of Urban lot splits (land use), set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'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 Cal. Gov. Code Section 66411.7."
The definition of Visitor Accommodations (Land Use), Subsection 2, Hotel, and Subsection 3, Motel, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"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, 24-467
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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. & Tax. 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. & Tax. Code Section 7280."
Section 939: Section 20.80.020 (Bluff overlay) of Chapter 20.80 (Map) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
20.80.020 Bluff overlay.
"Bluff Overlay, Development Area Map (Section 20.28.040):
B-1 — Kings Place (PDF)"
Section 940: Subsection (D) of Section 20.90.040 (Land Use Regulations) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"D. Noise Mitigation.
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 Community 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 Community Development Director in the form of an
Ordinance No. 2023--
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 FAA Aeronautical Study, the project applicant shall submit evidence to the Community 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."
Section 941: Subsection (C)(5) of Section 20.90.050 (Open Space and Recreation District: SP-7 (OSR)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"5. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Section 942:Subsection (13)(9) of Section 20.90.060 (Residential Equestrian District: SP-7 (REQ)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this District." Section 943: Subsections (D)(9), (F)(4)(b)(iii), and (G) of Section 20.90,070 (Residential Kennel District: SP-7 (RK)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as follows:
below: Subsection (D)(9) of Section 20.90.070 shall read as set forth in the quotations 24-469
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"9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Subsection (F)(4)(b)(iii) of Section 20.90.070 shall read as set forth in the quotations below:
"iii. Within those areas where fences and walls are limited to a maximum height of three and one-half (3 Y2) feet per this Code."
Subsection (G) of Section 20, 90, 070 shall read as set forth in the quotations below:
"G Special Regulations.
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 Community Development Director, and small 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 Community Development Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project."
Section 944: Subsections (D)(7)(a)(b) and (D)(9) of Section 20,90.080 (Residential Single -Family District: SP-7 (RSF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:
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Subsection (D)(7)(a)(b) of Section 20.90.080 shall read as set forth in the quotations below.
"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 Community 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 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 six (6) horses on any one building site. The offspring of such animals shall be considered adults when eight (8) months old. Exceptions to the above may be provided for via a use permit approved by the Community Development Director."
Subsection (D)(9) of Section 20.90.080 shall read as set forth in the quotations below:
"9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Section 945:Subsection (D)(7) of Section 20.90.090 (Residential Multiple -Family District: SP-7 (RMF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
7. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Section 946: Subsection (D)(4) of Section 20.90.100 (Horticultural Nursery District: SP-7 (HN)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
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"4. Any other accessory uses or structures which the Community Development Director finds consistent with the purpose and intent of this district." Section 947: Subsections (D)(4) and (F)(11)(a)(v) of Section 20.90.110 (General Commercial District: SP-7 (GC)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:
Subsection (D)(4) of Section 20.90.110 shall read as set forth in the quotations below:
"4. Any other accessory uses or structures which the Community Development Director finds consistent with the purpose and intent of this district." Subsection (F)(11)(a)(v) of Section 20.90.110 shall read as set forth in the quotations below.
"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 Community Development Director shall require that either walls, berms, or a solid fence be installed."
Section 948: Subsections (C)(2), (C)(4)(f), (C)(6)(a), (D)(5) and (E)(11) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:
Subsection (C)(2) of Section 20.90.120 shall read as set forth in the quotations below.•
"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 Community 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 24-472
Ordinance No. 2023-
posted with the Community Development Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. 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 Community Development Director finds consistent with the purpose and intent of this District."
Subsection (C)(4)(f) of Section 20.90.120 shall read as set forth in the quotations below.
"f. Any use which the Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare." Subsection (C)(6)(a) of Section 20.90.120 shall read as set forth in the quotations below.
"a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six (6) 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 Community Development Director. Fence or wall materials and height shall be subject to approval at the discretion of the Community Development Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited." Subsection (D)(5) of Section 20.90.120 shall read as set forth in the quotations below:
"5. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Subsection (E)(99) of Section 20.90.120 shall read as set forth in the quotations below:
11. Any use which the Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare." 24-473
Ordinance No. 2023-
Section 949: Subsection (D)(3) of Section 20.90.130 (Professional and Administrative Office District: SP-7 (PA)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title '20 of the Code is hereby amended to read as set forth in the quotations below:
"3. Accessory uses and structures which the Community Development Director finds consistent with the purpose and intent of this district." Section 950: Subsection (C)(3)(b) of Section 20.90.170 (Fire Facility Overlay District: (FF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
%. 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 Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources.
The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated." Section 951: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 952: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 24-474
Ordinance No. 2023-
Section 953: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of November, 2023, and adopted on the 28th day of November, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
I` C "-
ROLNnC..7HARP, CITY ATTORNEY
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ATTACHMENT B
RESOLUTION NO. 2023-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE RELATED TO
THE COMPREHENSIVE MUNICIPAL CODE UPDATE
(PA2022-0219)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach LCP Coastal Land Use Plan, as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") of the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017;
WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-58 establishing the Municipal Code Review Ad Hoc Committee to review and make recommended revisions to the NBMC and Council Polices;
WHEREAS, the City Council further directed board and commissions, including the Planning Commission, to establish ad hoc committees to review the NBMC and City Council Policies within that particular body's area of expertise to comprehensively review and amend the NBMC to reduce regulations, streamline processes, and generally eliminate outdated information;
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Resolution No. 2023- _
WHEREAS, at its August 3, 2023, meeting, the Planning Commission ad hoc committee recommended revisions to Title 19 (Subdivisions), Title 20 (Planning and Zoning) ("Zoning Code Amendment") and Title 21 (Local Coastal Program Implementation Plan) ("Local Coastal Program Amendment") of the NBMC in accordance with the Council's direction which include:
• Report of Residential Building Records — Make the existing mandatory process voluntary;
• Tentative Parcel Map Review — Eliminate the public hearing requirements for parcel maps for condominium purposes,
• Bluff Overlay District — Eliminate conflicting code provisions by deleting the bluff overlay areas in Title 20 that are included in Title 21; • Take -Out Service — Fast -Casual — Change threshold for when a fast -casual take-out restaurant with no late hours requires a minor use permit (discretionary review); and • Conversion or Demolition of Affordable Housing — Eliminate Chapters 20.34 and
21.34 as they are no longer applicable to the City,
WHEREAS, additional revisions were incorporated into the Zoning Code Amendment and Local Coastal Program Amendment that eliminate conflicting review authority for reasonable accommodations and modify the review authority for alcohol sales with late hours;
WHEREAS, the Planning Commission held a duly noticed public hearing on October 19, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-039 by a unanimous vote (5 ayes, 0 nays) recommending approval of the Zoning Code Amendment and Local Coastal Program Amendment to the City Council,
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR") Section 13515 (Public Participation), drafts of the Local Coastal Program Amendment were made available and a Notice of Availability was distributed at least six weeks prior to the final action date, and
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Resolution No. 2023- _
WHEREAS, the City Council held a duly noticed public hearing on November 14, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council authorizes staff to submit the Local Coastal Program Amendment as set forth in Exhibit "A," based upon the Facts in Support of Local Coastal Program Amendment set forth in Exhibit "B," both of which are attached hereto and incorporated by reference, to the California Coastal Commission.
Section 2: This Local Coastal Program Amendment shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.
Section 3: The LCP, including this Local Coastal Program Amendment, will be carried out in full conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Resolution No. 2023- _
Section 6: The City Council finds this Local Coastal Program Amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), because it has no potential for resulting in physical change to the environment, directly or indirectly. The Local Coastal Program Amendment simply creates consistency throughout the NBMC by eliminating conflicting provisions, standardizing provisions throughout, reducing regulations, streamlining processes, and generally eliminating outdated information.
The City Council also finds this Local Coastal Program Amendment is exempt categorically from CEQA pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent, which do not result in any changes in land use or density. As stated above, the Local Coastal Program Amendment creates consistency throughout the NBMC by eliminating conflicting provisions, standardizing provisions throughout, reducing regulations, streamlining processes, and generally eliminating outdated information.
The exceptions to this categorical exemption under Section 15300.2 are not applicable. The affected location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
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Resolution No. 2023- _
Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of November, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): Exhibit A — Local Coastal Program Amendment (PA2022-0219) Exhibit B — Facts in Support of Local Coastal Program Amendment (PA2022-0219)
Exhibit "A"
LOCAL COASTAL PROGRAM AMENDMENT (PA2022-0219)
Section 1: The Table of Contents for Title 21 (Local Coastal Program Implementation Plan) of the Code is hereby amended to read as follows:
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
21.3013
Habitat Protection
21.30C
Harbor and Bay Regulations
21.35 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
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Part 5. Planning Permit Procedures
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
21.70 Definitions
21.80 Maps
Part 7. Definitions
Part 8. 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
Section 2: Subsection (A) of Section 21.10.030 (Authority —Relationship to Coastal Land Use Plan) of Chapter 21.10 (Purpose and Applicability of the Implementation Plan) of Title 21 of the Code is hereby amended to read as follows:
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Cal. Gov. Code Section 65850 et seq., Division 20 of the Cal. Pub. Resources Code (California Coastal Act), and 14 CCR Section 13001 et seq. (California Coastal Commission Regulations).
Section 3: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals May Be Required) of Chapter 21.16 (Development and Land Use Approval Requirements) of Title 21 of the Code is hereby amended to read as follows:
(A)(1) Other provisions of this Code (e.g., conditional use permits, minor use permits, limited -term permits, site development review, zoning clearances, building permits, 24-482
grading permits, other construction permits, live entertainment permit, or a business license); or
Section 4: Table 21.18-4 Notes (7) of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning District (R-A, R-1, R-BI, R-2, and RM)) of Title 21 of the Code is hereby amended to read as follows:
(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 Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to 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.
Section 5: Footnote (6) of Table 21.22-3 of Section 21.22.030 (Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 21 of the Code is hereby amended to read as follows:
(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 Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to 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.
Section 6: Footnote (7) of Table 21.22-4 of Subsection (C) of Section 21.22.030 (Mixed -Use Coastal Zoning Districts General Development Standards) of Chapter 21.22 (Mixed -Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU- W2)) of Title 21 of the Code is hereby amended to read as follows:
(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 Cal. Gov. Code Sections 65915 through 65917. Any housing development approved pursuant to 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.
Section 7: Subsection (C)(2) of Section 21,26.045 (Planned Community Coastal Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, AND TS)) of Title 21 of the Code is hereby amended to read as follows:
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(C)(2) Subject to approval of the 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.
Section 8: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park (MHP) Overlay Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of Title 21 of the Code are hereby amended to read as follows:
(A)(1) Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile Home Parks Act (Cal. Health & Saf. Code Section 18300) and the California Coastal Act (Cal. Pub. 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 Cal. Gov. Code.
Section 9: Subsections (13)(1)(b) and (B)(5) of Section 21.30.105 (Cultural Resource Protection) of Chapter 21.30 (Property Development Standards) of Title 21 of the Code are hereby amended to read as follows:
(13)(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. Resources Code Section 21000 et seq.). (13)(5) Offer for Relocation of Historic Structure. Before issuance of a permit by the Community Development Director for the demolition of an historic structure the applicant shall first offer the structure for relocation by interested parties.
Section 10: Subsection (13)(1) of Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of Chapter 21.30A (Public Access and Recreation) of Title 21 of the Code is hereby amended to read as follows:
(13)(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 Cal. Pub. Resources Code Sections 30222 and 30223.
Section 11: Subsection (13)(1) of Section 21.30B.040 (Wetlands, Deepwater Areas, and Other Water Areas) of Chapter 21.30B (Habitat Protection) of Title 21 of the Code is hereby amended to read as follows:
(13)(1) Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland boundaries contained in 14 CCR Section 13577(b)
Section 12: Subsection (D) of Section 21.30C.070 (Dredging Permits) of Chapter
21.30C (Harbor and Bay Regulations) of Title 21 of the Code is hereby amended to read as follows:
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 Cal. Pub. Resources Code (Coastal Act) and Section
21.30B.040(E)(2).
Section 13: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Chapter
21.34 (Conversion or Demolition of Affordable Housing) of Title 21 of the Code is hereby deleted in its entirety.
Section 14: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter
21.38 (Nonconforming Uses and Structures) of Title 21 of the Code is hereby amended to read as follows:
(D)(3) Any permit required by other titles of this Code (other than this title) shall be obtained before the initiation or intensification of an accessory use of a landmark structure,
Section 15: Subsection (C) of Section 21.44.045 (Vacations and Abandonments) of Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code is hereby amended to read as follows:
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or abandonment pursuant to Cal. Sts. & Hy. Code Sections 8300 through 8363 and by filing an application for a coastal development permit pursuant to Chapters
21.50 and 21.52.
Section 16: Subsections (A) and (B) of Section 21.44.055 (Temporary Street Closures) of Chapter 21.44 (Transportation and Circulation) of Title 21 of the Code are hereby amended to read as follows:
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. 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, 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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Section 17: Subsections (A), (13)(4), and (J) of Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 of the Code are hereby amended to read as follows:
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 Cal. Gov. Code Sections 65852.2 and 65852.22, 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. (13)(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 Cal. Health & Saf. 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 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.
Section 18: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49 (Wireless Telecommunications Facilities) of Title 21 of the Code is hereby amended to read as follows:
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 Cal. Pub. Util. 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.
Section 19: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050 (General Development and Design Standards) of Chapter 21.49 (Wireless Telecommunications Facilities) of Title 21 of the Code are hereby amended to read as follows:
(F)(3)(b) New or replacement vertical structures may be allowed when authorized by this 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 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 this 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 this Code. (J)(2) All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code.
Section 20: Footnote (7) of Table 21.50-1 (Review Authority) of Section 21.50.020 (Authority for Decisions) of Chapter 21.50 (Permit Application Filing and Processing) of Title 21 of the Code is hereby amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as described in Cal. 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.
Section 21: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by Jurisdictional Boundaries) of Chapter 21.50 (Permit Application Filing and Processing) of Title 21 of the Code are hereby amended to read as follows:
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. 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 Cal. Pub. Resources Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued coastal permits.
Section 22: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the Code is hereby amended to read as follows:
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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. 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.
Section 23: Subsections (13)(1) and (H) of Section 21.52.015 (Coastal Development Permits) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the Code are hereby amended to read as follows:
(13)(1) Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Cal. Pub.
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 14 CCR 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.
Section 24: Subsections (C) introductory paragraph, (C)(1)(d)(i), (C)(2)(d)(i), (C)(4)(d), and (C)(7) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the Code are hereby amended to read as follows:
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 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 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 Cal.
Pub. Resources Code Section 30610(a) and/or this subsection. (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 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.& Prof. 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. Code, shall not be considered a time-share project, estate, or use for purposes of this subsection.
Section 25: Subsection (C)(8) of Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the Code is hereby added to read as follows:
(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.
Section 26: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the Code is hereby amended to read as follows:
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 and 14 CCR Section 13215 et seq. and 14 CCR Section 240 et seq. 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) business 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 Section 13315.
Section 27: Subsection (A) of Section 21.52.075 (Coastal Commission Review of Recorded Access Documents) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 of the Code introductory paragraph is hereby amended to read as follows:
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 Section 13574:
Section 28: Subsection (B) of Section 21.54.030 (Effective Date of Permits — Notice of Final Action) of Chapter 21.54 (Permit Implementation, Time Limits, and Extensions) of Title 21 of the Code is hereby amended to read as follows:
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 14 CCR Section 13570.
Section 29: Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 of the Code is hereby amended to read as follows:
Afinal 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 14 CCR Sections 13111 through 13120 and Coastal Act Section 30603. If there is any conflict between the provisions of this section or 14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act, 14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
A. Appealable Development —Cal. Pub. Resources Code Section 30603(a). A decision by the City on a coastal development permit application within the appeal areas identified in Cal. Pub. 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. Status of Appellant.
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1. Who May Appeal. An appeal maybe filed by an applicant, an aggrieved person, or two members of the Coastal Commission in compliance with Cal. Pub.
Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub. 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 14 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 14 CCR Section 13573; or
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR 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. Resources Code Section 30625.
Notice of a Coastal Commissioners' appeal shall be transmitted to the City in compliance with 14 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 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. 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:
1. For approval of a coastal development permit as described in subsection (A) of this section, an allegation that the project does not conform to the standards of the Local Coastal Program or the public access policies of the Coastal Act. 24-491
2. For denial of a development described in subsection (A) of this section, an allegation that the project conforms to the standards of the Local Coastal Program and the public access policies of the Coastal Act.
E. Notice of Final Action on Appeals within the Coastal Zone. Where a local appeal has been filed and decided on a project that is appealable to the Coastal Commission in compliance with this section, the City shall provide notice of the final action (see also the requirements of Section 21.52.015(H), Notice of Final Action).
F. Time Limit for Filing an Appeal to the Coastal Commission. An appeal of a Council decision on an appealable development shall be filed with the Coastal Commission within ten (10) working days of the receipt by the Coastal Commission of adequate notice of final City action, in compliance with this chapter and the Coastal Act.
The beginning of the ten (10) working day appeal period shall be established by Coastal Commission staff.
G. Notice to City of Appeal to Coastal Commission. An appellant shall notify the applicant, any persons known to be interested in the application and the City of the filing the appeal. Notification shall be by delivering a copy of the completed notice of appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Commission.
Section 30: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68 (Enforcement) of Title 21 of the Code is hereby amended to read as follows:
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 shall also apply with respect to violations and enforcement and the City and the Commission shall have the enforcement powers described therein.
Section 31: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title 21 of the Code is hereby amended to read as follows:
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 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.
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As used in this Implementation Plan, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise.
Section 32: The following definitions in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 of the Code are hereby amended to read as follows:
"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 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 Community 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 24-493
California Department of Fish and Game Permit, as required in 14 CCR Section 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 CCR Section 6932.
"California Environmental Quality Act (CEQA)" means a State law (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.
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. 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 CCR Section 13249(b).
"Categorical exemption" means, as defined by 14 CCR Section 15354 of the State CEQA Guidelines, 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. 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. 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. Resources Code where the Coastal Commission retains permit jurisdiction. 24-494
"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 Cal. Pub. 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. Pub. 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 Cal. Pub. Resources Code Section 30101.3).
"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. 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 Cal. Civ. Code Section 1351. "Density bonus" means, as defined by Cal. Gov. 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-income household." "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 Cal. 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:
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1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007. "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. Resources Code Section 30624.
"Emergency shelter (land use)" means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with minimal supportive services for homeless persons. "Environmentally sensitive habitat area (ESHA)" as defined in Cal. Pub. 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. "Explosives" means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf. 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. 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. Code Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also "Parcel map" and "Tentative map." "Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov. 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. Pub. Resources Code Section 30610, 30610.5, 30611 or 30624. "Code" means the Newport Beach Municipal Code.
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"Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or 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.
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. "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 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. Code Section 51.3(b)(4).
"Specific plan" means, under Cal. 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).
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"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 1351 (f), a community apartment project, as defined in Cal. Civ. Code Section 1351 (D), or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Cal. Civ. Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map Act.] "Subdivision Map Act" means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, regarding the subdivision of real property. "Submerged lands" means lands that lie below the line of mean low tide (14 CCR 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 Cal. Health & 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. 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 Section 13577). See "Public trust lands." 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. Rev. & Tax. Code Section 7280.
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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. Rev. & Tax. Code Section 7280.
ATTACHMENT C
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Adoption of Code
1.04 Code Enforcement
1.05 Administrative Code Enforcement Program
1.06 Claims and Demands Against the City
1.07 Insurance and Indemnification Reauirements
1.08 Rules of Construction
1.10 Judicial Review of City Decisions
1.12 Citations and Warrants
1.16 Official Seal, Flag and Colors
1.20 Unclaimed Property
1.25 Municipal Election Campaign Contribution and Expenditure Control
1.26 Electronic Filing of Campaign Disclosure Statements
1.28 Lobbyist Registration and Reporting
1.30 Reserved
1.32 Council Term Limits
1.35 Eminent Domain
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Chapter 1.01
ADOPTION OF CODE
1.01.020 Codification Authority.
This Code consists of all regulatory, penal and certain administrative ordinances of the City of Newport BeaGh codified pursuant to the authority of SeGtien-4;5 of the City Charter Section 415 of the Gity of Newport Beach and Cal. Gov. Code Sections 50022.1 through 50022.10 of the California ('_GVeF McRt Ged,.
1.01.030 Filing of Copies.
A copy of this Code shall be maintained in the Office of the City Clerk. AcGerda,TGe with the provisions of SeGtiens 50022.6 of the GalifOrRia GovernmeRt code, not less than three One copyfes of each primary code and secondary code, as defined in Cal. Gov. Code Section 50022.1, which is adopted by reference, shall be filed in the Office of the City Clerk in accordance with Cal. Gov. Code Section 50022.6. of this Code shallbe filed e
1.01.040 Amendments - Notations.
Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the bound volumes of thise Code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken.
Duly certified copies of every ordinance making changeson to thise Code shall be filed in the Oeffice of the City Clerk in books for such purpose, duly indexed for ready reference.
Every section of thise Code so changed shall have printed thereon a notation of th ordinance number pursuant to which such change is adopted. 24-501
Chapter 1.04
CODE ENFORCEMENT
Sections:
1.04.010
Violations, Penalties and Enforcement.
1.04.020
Public Nuisances.
Violation Admmnistratmve Provisions
1.04.040
1.04.050
of
Parking Violation —Infraction.
1.04.060
Safety Enhancement Zone.
1.04.010 Violations, Penalties and Enforcement.
The provisions of this section represent the means and methods by which the City of Newport Beach intends to secure compliance with the provisions of this Code. The City may use any or all of the enforcement options in securing compliance with the provisions of this Code and multiple enforcement options may be used to achieve compliance with respect to persons who commit continuing violations. Aseparate offense shall be deemed to have been committed whenever: (a) a person repeats the act that constitutes the violation; or (b) any condition or circumstance that constitutes a violation is allowed to exist for more than twenty-four (24) hours.
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or non - safety employees designated in Section 1.12.020. Except where a specific fine for an infraction is provided for in this Code, or as provided in subsection€4Gept-as provided in si bsontinn _(B)nf this sont, any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as +s-specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Superior Courts, or where no fine is specified therein by:
1. Afine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year from the date of the prior violation; and
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year from the date of the prior vinlafinn
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B. Safety Enhancement Zone. For any violation of thise Newport BeaGh nn,,,,iGoa4 Code that is committed within an area that has been designated by the City Council as a Safety Enhancement Zone pursuant to Section 1.04.060, and during the time that designation is effective, the fine shall be treble the amount otherwise prescribed or where the violation is considered an infraction and no fine is specified bythe fine shall be as follows:
A fine not exceeding three hundred dollars ($300.00) for a first violation;
2. Afine not exceeding six hundred dollars ($600.00) for a second violation of the same ordinance within one year from the date of the prior violation;
3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the prior violation.
C. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non_safety employees designated by Section 1.12.020. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
D. Civil Action. The City Attorney, by and at the request of the Gity GG ,RGil, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action, in addition to all other remedies, costs, fines and fees, the court may impose civil penalties payable to the City in an amount not to exceed one thousand dollars ($1,000.00) per violation for each day the violation is found to exist against any person who commits, continues, operates, allows or maintains any violation of any provision of this Code. In determining the amount of the civil penalties to be assessed on a daily rate for each violation, the court may consider some or all of the following factors:
The duration of the violation;
2. The frequency of recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The person's conduct after issuance of any notice;
7. The economic impact of the penalty;
8. The impact of the violation upon the community; and
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9. Any other factors that justice may require.
E. Administrative Code Enforcement Program. Upon a finding by the City official vested with the authority to enforce the various provisions of this Code that a violation exists, he er shethe City official may take any action authorized under the provisions of Chapter 1.05.
.. &I ZHWM .
e e
r
1.04.050 Parking Violation —Infraction.
Any person violating any provision of Sections 12.12.010 or 12.12.04-0, Chapter 12.40, Chapter 12.44, except Sections 12.44.130 and 12.44.140, or Chapter 12.48 of this Code shall be guilty of an infraction.
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1.04.060 Safety Enhancement Zone.
A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a "Safety Enhancement Zone" and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of thise Now peFt Roach IVIUR0 . p Code and increased responsibilities on the part of residents and occupants in the area. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (a) a description of the geographical area comprising the Safety Enhancement Zone; (b) the date and time during which the Safety Enhancement Zone designation is applicable to the geographical area; (c) the factual basis for the designation; (d) the manner in which general notice of the Safety Enhancement Zone and the penalties for violations shall be given; and (e) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by the Safety Enhancement Zone designation.
B. West Newport Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the area bounded by the Pacific Ocean on the south, 32nd Street and Newport Boulevard on the east, Pacific Coast Highway on the north and 54th Street on the west. This designation is effective from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect. The factual basis for this designation is found in Section 1 of Ordinance 2003-5. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on July 3rd at no less than three locations along Pacific Coast Highway, four locations along Newport Boulevard/32nd Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street. In addition, letters advising of the Safety Enhancement Zone designation and the fines, penalties and provisions affected by the designation shall be sent, on or before June 15th to each address and each owner of property (ownership determined on the basis of the most recent property tax information available to the City) within the Safety Enhancement Zone.
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Chapter 1.05
ADMINISTRATIVE CODE ENFORCEMENT PROGRAM
1.05.005 Legislative Findings and Statement of Purpose.
A. The City Council finds that the enforcement of thise ^19=1" nrf BeaGh Muni ipal God "Code" throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life.
C. The procedures established in this chapter are in addition to criminal, civil or other legal remedies that may be available to the City to enforce violations of thise Code or applicable State IawsGedes.
E. The City Council finds that the adoption and implementation of this administrative code enforcement program is within the power and authority of the City of Newpert BeaGh as a charter city and will achieve the following goals:
1. To promote and protect the public health, safety and welfare of the citizens of the City of Newport BeaGh;
2. To help ensure compliance with thise Code and State IawsCedes, ordinances and regulations in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of administrative citations, fines, penalties and costs that will fully comport with due process and provide those alleged to be in violation of thise Code with the right to a fair hearing without the need for legal counsel;
4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of thise Code, ordinances, agreements or terms and conditions on entitlements in the City of Newport BeaGh; and
5. To reduce the burden on the judicial system and minimize the time and expense of defending the alleged violation on the part of the responsible person.
1.05.020 Authority and Administrative Citation Fines.
A. Any responsible person violating any provision of this Code may be issued an administrative citation by an Enforcement Officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of thise Newport BeaGh MuniGi-al Code, any codes adopted by the City Council (i.e., Building Code, Fire Code, etc.), and the failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved pursuant to this Code or State law.
F. In the case of administrative citations issued for violations of Chapter 5.28 f{Live Entertainment Establishments1}; Chapter 5.32 f{Cafe Dances)}; Chapter 5.95 ffShort Term Lodging Permit)}; Section 6.04.100 (Prohibited Material); Section 6.04.110 (Accumulation Limitation); Section 10.50.020(H) f{violation of terms or conditions of a use permit issued 24-506
by the Cityl}; Section 12.63.030 (Franchise to Operate Required); Section 12.63.120 (Recycling Requirement); Section 12.63.130 (City Inspection Authority); Section
14.36.030 resulting in bay or beach closure f{Illicit Connections and Prohibited Discharges)}; CaLifere+a Fire Code Section 107.5 (as adopted by Section 9.04.010); Cal.a Fire Code Section 107.5.1 (as adopted by Section 9.04.010); Section
17.45.030 [Waste and Refuse]; or Chapter 17.10 ffMarine Activities Permit)}, administrative fines shall be assessed in the following amounts when authorized by the City Manager or hic OF her decinnee:
1. A fine not exceeding one thousand dollars ($1,000.00) for a first violation;
2. A fine not exceeding two thousand dollars ($2,000.00) for a second violation of the same ordinance or permit within one year from the date of the prior violation; and
3. A fine not exceeding three thousand dollars ($3,000.00) for a third violation, or any subsequent violation, within one year from the date of the prior violations.
1.05.050 Administrative Costs Recovery.
G. Any responsible person aggrieved by the Hearing Officer's decision under this section may obtain judicial review of that decision by filing a petition for review with the Orange County Superior Court in accordance with Cal. Code Civ. Proc. Section 1094.5the timelines and nroy's'ons set forth in I 011fGFRia Code of GiVil Droned ire
1.05.060 Appeal of Administrative Citation.
A. Any recipient of an administrative citation may contest that there was a violation of thise Code or that he or she is the responsible person by completing a request for hearing form and returning it to the City's Finance Department within twenty-one (21) Ga�aT days from the date of service of the administrative citation, together with an advance deposit of the fine or a notice that a request for an advance deposit hardship waiver pursuant to subsection (B) of this section has been filed. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
B. Any responsible person who requests a hearing to contest that there was a violation of thise Code or that he or she is the responsible person for the violation and who is financially unable to make the advance deposit of the fine as required may file a request for an advance deposit hardship waiver within fifteen (15) GaleRdardays from the date of service of the citation. The failure of any person to timely file a written request for an advance deposit hardship waiver with the City's Finance Director, or his or her designee shall be deemed a failure to exhaust the person's administrative remedies with regard to the advance deposit hardship waiver.
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1. The request for an advance deposit hardship waiver shall be in writing and describe with particularity the responsible person's actual financial inability demonstrating why all or a part of the fine cannot be paid. Further, the written request for an advance deposit hardship waiver must be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City's Finance Director, or hisor her designee, the responsible person's actual financial inability that necessitates an advance deposit hardship waiver. The City's Finance Director, er his er her desigRee, is entitled to request additional documentation and information from the responsible person iR orde to fully assess the waiver request. The failure of any responsible person to timely submit all requested additional documentation and information to the City's Finance Director, or his 9r her deGigRee, as requested shall be deemed a failure to exhaust the responsible person's administrative remedies with regard to the advance deposit hardship waiver.
2. Once a complete written request for an advance deposit hardship waiver is filed with the City's Finance Director, er his or her designeethe requirement of depositing the full amount of the fine shall be stayed until the City's Finance Director, or his or her deSigRee_ determines whether to grant, grant in part, or deny the request. The written determination of the City's Finance Director, or his or hor des+gflee, shall be served on the person requesting the advance deposit hardship waiver as provided for in this Code. The written determination of the City's Finance Director, or h�her deGigRee; shall be final.
3. If the City's Finance Director, or his er her deSigRe, ' grants the advance deposit hardship waiver, the responsible person shall not be required to deposit the fine in advance of the hearing.
4. If the City's Finance Director, er his or her rdesi` Ree grants in part the advance deposit hardship waiver, the responsible person shall remit that amount of the fine as a deposit that the City's Finance Director, or his or her designee determines the responsible person has the ability to pay within ten (10) Galendar days of that decision or twenty-one (21) Galendar days from service of the administrative citation, whichever is later.
5. If the City's Finance Director, er his er her designee denies the request for an advance deposit hardship waiver, the responsible person shall remit the full amount of the fine as a deposit to the City within ten (10) GaleRdar days of that decision or twenty-one (21) GaleRdar days from service of the administrative citation, whichever is later.
6. The granting, or granting in part, of any request for an advance deposit hardship waiver shall not excuse or discharge any continuation or repeated occurrence of any violation of this Code, nor shall it bar further enforcement action by the City.
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7. The granting, or granting in part, of any request for an advance deposit hardship waiver shall not excuse the responsible person from paying the full amount of the fine if the administrative citation is upheld by the hearing officer following an administrative hearing.
1.05.065 Administrative Penalties.
K. Within forty-five (45) days of the completion of the administrative hearing on an administrative penalties notice and order, the Hearing Officer shall issue an administrative penalties enforcement order. The administrative penalties enforcement order shall become final as to the City and take effect on the date it is signed by the Hearing Officer.
The administrative penalties enforcement order shall be subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
O. Any responsible person aggrieved by an administrative penalties enforcement order may obtain judicial review of that order by filing a petition for review with the Orange County Superior Court in accordance with the timelines and provisions set forth in Cal. Code. Civ. Proc. Section 1094.6.
1.05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative Citation.
Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Orange County Superior Court in accordance with the timelines and provisions as set forth in California Government GodeCal. Gov. Code Section 53069.4. 24-509
Chapter 1.06
CLAIMS AND DEMANDS AGAINST THE CITY
Sections:
1.06.010
Purpose and Intent.
1.06.020
Claims Against City.
1.06.030
1.06.040
Application; Effective Date.
Seyer^JhlW
1.06.010 Purpose and Intent.
The Government Claims Act (Cal. Gov.eFRFneRt Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Cal. Gov. Code, Title 1, Division 3.6, Part 3a hap� rGTT r��TJinn of +he Government Code of the State, commencing with Section 900-and fellow+n-9, which also provide that local ordinances shall govern those claims which are excluded by the Act and which are not expressly governed by another State statute.
The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to all claims excluded by the Act or, not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City. This chapter is not intended to extinguish existing claims without providing a reasonable period for the presentation of those claims.
1.06.020 Claims Against City.
A. All claims and demands against the City for damages or money, which are not governed by any other statute or regulation expressly related thereto, including those claims exempted by Cal. Gov.erRrnenn Code Section 905, shall be presented within the time and in the manner prescribed by Cal. Gov. Code, Title 1, Division 3.6, Part 3_--ef DiVisien 3.6 of Title 1--(Section 900 et seq.) of the Government i'^iJ^ B. All claims or demands against the City shall be made in writing and filed with the City Clerk. All claims shall be signed by the claimant or by his or Gquardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by the representative claimant along with sufficient information to ascertain the class itself.every member of that Gloss as required by this si Ibsen+inn C. In accordance with Cal. Gov_erRrneRt Code Sections 935 (b) and 945.4, all claims shall be presented as provided in this section prior to the filing of suit on such claims. 24-510
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Chapter 1.07
INSURANCE AND INDEMNIFICATION REQUIREMENTSOF THE CITY FOR THIRD aeQTv rune i EKES
Sections:
1.07.010
Purpose and Findings.
1.07.020
Definitions.
1.07.025
Insurance.
1.07.030
Indemnification Required.
1.07.040
Conditions.
1.07.050
Indemnification —Payment on Demand.
1.07.010 Purpose and Findings.
A. The City Council finds that the issuance of licenses, permits and other approvals pursuant to the provisions of this Code creates a risk to the City that is a c og4telJ ,e,i+has a result of issuing those licenses, permits and approvals, which are primarily for the benefit of the applicant, licensee or permittee. This is especially true for projects for which discretionary City approvals are necessary and for which PFGjen+ nrE)r,,)ReRts Make in addition to other legal requirements, require environmental review by the City is required pursuant to the Galifnrnia En"iron McRtal Quality AGt CEQA) because, among other things, substantial City time and effort are expended in complying with CEQA's requirements and other legal requirements necessary before granting such approvals.
B. Judicial challenges arising from or related to the issuance of licenses, permits and other approvals, especially tithe City's CEQA determinations for projects requiring discretionary approvals, are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees or costs in such challenges. As project applicants, licensees, and permittees are the primary beneficiaries of such approvals, it is appropriate that such applicants, licensees and permittees should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger.
1.07.020 Definitions.
In this chapter the following words or phrases shall have the following meanings:
"Application" means an initial written request required by the City which commences the City's processing of the project that requires a discretionary approval and approval of a CEQA document.
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"CEQA" means the California Environmental QualityGentret Act and the State CEQA Guidelines (Cal. Pub.4G Resources Code Section 21000 et seq. and 14 CCR Section 15000 et seq.) and any action taken pursuant thereto including, but not limited to, an environmental impact report, subsequent environmental impact report, supplemental environmental impact report, mitigated negative declaration, negative declaration, addendum to an environmental impact report or negative declaration, statutory exemption, categorical exemption, or a determination that no CEQA document is required.
,
nffinialc, nffinorc, atterneys, omnleyees, ageRtS, and zeninn adMinistrater. "Project" means any amendment, modification permit, use permit, variance or other City issued permit that requires discretionary approval in accordance with this Code.
1.07.025 Insurance.
For any license, permit or approval issued pursuant to this Code, the City may add as a condition of approval a requirement that the applicant, licensee, or permittee obtain insurance that will substantially protect the City from liability. The Risk Manager shall have the authority to determine all insurance requirements including, but not limited to, certificates, language, type, amount, endorsements, and waivers of subrogation.
Insurance required by the Risk Manager or as otherwise provided for under the provisions of this Code shall be governed by the following requirements:
A. Each certificate of insurance shall reauire aoaroval by the Risk Manaaer:
B. Insurance furnished must contain a condition that it cannot be modified or cancelled without at least thirty (30) days' written notice to the City; C. All insurers shall be authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned Policyholders' rating and financial size category class determined to be appropriate by the Risk Manager; and
D. Any other requirements the Risk Manager deems necessary to protect the interests of the City.
The City Manager or Risk Manager may waive any of the requirements set forth in this section if they determine the requirement is unnecessary to protect the interests of the City.
1.07.030 Indemnification Required.
A. For any license, permit or approval issued pursuant to this Code, the City may add as a condition of approval a requirement that the licensee, permittee, or applicant indemnify, defend, indemnify, release and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees, from and against any and 24-513
all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the license, permit, or approval. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by licensee, permittee, or applicant, the City, and/or the parties initiating or bringing such proceeding.
B. _Any applicant for a discretionary permit under any provision of this Code which also requires a determination under CEQA shall be provided notice of the provisions of this chapter. Any project approval may, in the discretion of the approving body, be conditioned to indemnify the City according to the provisions of this chapter, as follows:
Defend, indemnify, release and hold harmless the City, its City Council, boards and commissions, zoning administrator, officers, agents, volunteers, and employ from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and/or the City's failure to comply with the requirements of any federal, Sstate, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the applicant, the City, and/or the parties initiating or bringing such proceeding.
1.07.040 Conditions.
Any indemnification required under the provisions of this chapter shall be subject to the following:
A4-. The City shall promptly notify the applicant, licensee or permittee of any claim, action, or proceeding related to any license, permit or approval or that is brought to attack, set aside, void or annul a discretionary project approval, and/or approval of a related CEQA document;
B2. The City shall retain the right to participate in the defense of the claim, action or proceeding including selection of defense counsel;
C3. The applicant, licensee or permittee shall not be required to pay or perform any settlement unless the settlement is approved by the applicant, licensee or permittee; and
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D4. The applicant, licensee or permittee shall indemnify the City for all of City's costs, fees, and damages which City incurs in enforcing the indemnification agreement.
1.07.050 Indemnification —Payment on Demand.
The applicant, licensee or permittee shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this chapter. 24-515
Chapter 1.08
RULES OF CONSTRUCTION
Sections:
1.08.010
Effect of General Provisions.
1.08.020
Effect of Title, Chapter and Section Headings.
1.08.030
Territorial Limitation.
1.08.040
Unlawful Acts or Omissions Inclusive.
1.08.050
Authority of Designated Officials s.
1.08.055
Hearing Officer.
1.08.060
Writing Defined.
1.08.070
Extent of Reference.
1.08.080
Service of Notices.
1.08.090
Proof of Service of Notice.
1.08.100
Posting of Public Notices.
1.08.105
Consumer Price Index Adjustments.
1.08.110
Interpretive Provisions.
1.08.120
Definitions.
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Chapter 1.08
RULES OF CONSTRUCTION
1.08.050 Authority of Designated Off iciijisputies,
A. Unless a person is specifically prohibited from doina so by the Citv Charter. State or federal law, when this Code vests a duty, obligation or responsibility in an official, department director, or employee, the official, department director or employee may designate a City position or another person to act on their behalf.
B. Any official, department director, or employee who vests a duty, obligation or responsibility in a designee, shall inform the City Clerk of the designation. The City Clerk shall maintain a list of all designations and shall provide a copy to the public upon request. ,
employee, the pewer may be exerGised, or the duty may be perfermed by a deputy e _._.........__, _.....___ _..._ ___.._ - F- ___.J r._..___ __.._....__.
1.08.070 Extent of Reference.
Whenever a reference is made to any portion of this Code, er-to any ordinances of this City, to any State law, rules or regulations or to any federal law, rules or regulations, the reference appli includes all amendments and additions now or hereafter made thereto and/or any successor statute.
1.08.100 Posting of Public Notices.
Wherever any section of this CEode requires the posting of a notice in a public place, such notice shall abbe posted on the bulletin hoard of the in accordance with all legal requirements at -City Hall of the city of Newport BeaGh
1.08.105 Consumer Price Index Adjustments.
Whenever this Code calls for an increase of an amount, limit or rate schedule that is set forth in this Code to reflect the change in the Consumer Price Index, as defined in Section
1.08.120, the increase shall apply to the current amount, limit or rate schedule that is then in effect on the date adjustment. Unless another adjustment date is specifically set forth in this Code, the effective date of any adjustment shall be July 1. Unless another time period for calculating the change in the Consumer Price Index is specifically set forth in this Code, the increase to the amount or limit shall be determined by calculating the percentage change from March of the prior year to March of the current year.
1.08.120 Definitions.
Unless a more specific definition is provided or the context in which they are used clearly requires otherwise, the following terms and phrases used in this Code shall have the meaning ascribed to them in this part:
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Assistant City Manager. The term "Assistant City Manager" means the Assistant City Manager of the City Manager's Office.
Building Official. The term "Building Official" means the Building Manager or Chief Building Official of the City's Community Development Department or the person designated by the Community Development Director as the Building Official.
California Code of Regulations. The terms "California Code of Regulations or "CCR" means the state administrative regulations that are cited as "title number CCR section number" or "title number CCR division number, chapter number, article number, section number.
California Environment al Quality Act or CEQA. The terms "California Environment -al Quality Act" or "CEQA" means the California Environmental Quality Act (Cal. Pub.
Resources Code Section 21000 et seq.) and the State CEQA Guidelines (14 CCR Section 15000 et seg.).
Chief of Police. The terms "Chief of Police" or "Police Chief' means the individual who manages and directs the City's Police Department.
City. The term "City" means the City of Newport Beach, a municipal corporation and charter city, or, when referring to territory or territorial limits, it means the area within the territorial City limits of the City and such territory outside the City over which the City has jurisdiction or control by virtue of any law.
City Attorney. The term "City Attorney" means the City Council appointed official who occupies the position as the City Attorney of the City.
City Charter. The term "City Charter" means the City Charter of the City of Newport Beach.
City Clerk. The term "City Clerk" means the City Council appointed official who occupies the position as the City Clerk of the City.
City Council. The term "City Council" means the City Council of the City of Newport Beach.
City Hall. The terms "City Hall" or "Civic Center" means the City's Civic Center located at 100 Civic Center Drive, Newport Beach, California, that includes most administrative offices of the City and related parking.
City Manager. The term "City Manager" means the City Council appointed official of the G*who occupies the position as the chief administrative officer of the City.
City Engineer. The term "City Engineer" means the City Engineer of the City's Public Works Department, or the individual designated by the Public Works Director as the City Engineer.
City Treasurer. The term "City Treasurer" means the individual appointed as the City's Finance Director.
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Code. The term "Code" means the Newport Beach Municipal Code.
Community Development Director. The term "Community Development Director" means the individual who manages and directs the City's Community Development Department.
Consumer Price Index. The term "Consumer Price Index" means the Los Angeles -Long Beach -Anaheim, California Area, All Urban Consumers, All Items, Base Period (1982- 84=100), or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics.
Council. The term "Council" means the City Council of this City.
County. The term "County" means the County of Orange.
Day. The terms "day" or "days" means a calendar day, unless otherwise specifically provided.
Day care center. The term "Day care center" means a child care —infant center, and child care center (preschool) licensed by the State of California Department of Social Services that is not located on a residentially zoned property including, but not limited to, Bright Horizons at Newport Beach; Carden Hall; Catalyst Kids -Newport Heights; Christ Church by the Sea Children's Center; Environmental Nature Center (ENC) Nature Preschool; Miraculous Milestones; Montessori Way Learning Center, Inc., Newport Coast Child Development Preschool; Newport Harbor Lutheran Church; St. Andrew's Preschool; St.
Mark Community Preschool; St. Matthew's Montessori Preschool; Temple Bat Yahm; and Tutor Time Child Care/Learning Center.
Designee. The term "designee" means a position, employee, or person that is authorized to fulfill a duty, obligation or responsibility..
District Attorney. The term "District Attorney" means the Orange County District Attorney, Fair Political Practices Commission. The terms "Fair Political Practices Commission" or "FPPC" means the five -member independent, non -partisan commission that has primary responsibility for the impartial and effective administration of the Political Reform Act.
Finance Director. The term "Finance Director" means the individual who manages and directs the City's Finance Department.
Fire Chief. The term "Fire Chief" means the individual who manages and directs the Fire Department.
Fire Marshal. The term "Fire Marshal" shall mean the Fire Marshal of the City's Fire Department or the individual designated by the Fire Chief as the Fire Marshal.
Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City.
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Harbor Department. The term "Harbor Department" shall mean the Harbor Department of the City. Any provision within this Code or any uncodified ordinance or resolution referring to the Harbor Resources Division shall mean the Harbor Department.
Harbormaster. The term "Harbormaster" shall mean the individual who manages and directs the Harbor Department. Any provision within this Code or any uncodified ordinance or resolution referring to the Harbor Resources Manager shall mean the Harbormaster.
Health Officer. The term "Health Officer" means the Orange County Health Officer.
Human Resources Director. The term "Human Resources Director" means the individual who manages and directs the City's Human Resources Department.
Library Services Director. The term "Library Services Director" means the individual who manages and directs the City's Public Library System.
Oath. The term "oath" means and includes affirmation.
Office. The term "office" meansuse ef the title of any officer, employee, or office, of ervrdiRaRG8 meaRG GU +�E)ff+GGFeMplOyee, OffiGe er erdinanGe of the City of Newport Beach.
Owner. The term "owner" applied to a building or land, means and include any part owner, joint owner, tenant, tenant in common or joint tenant, of the whole or a part of such building or land.
Pacific Ocean. The term "Pacific Ocean" means the waters off of the City from the beach to a point three (3) nautical miles seaward.
Person. The term "person" means and includes 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.and iRGlude aRy pe, en, firm, assseGia�, +emu ieR,, erganizatien partnership business to St nE)mnany Gr nE)FPGFatien Public park of public facility. The terms "public park" or "park facility" means all publicly owned, managed or leased land that is open to the public, walking or hiking trails, parks and park -related buildings, facilities and improvements, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director of the Recreation and Senior Services Department including, but not limited to, Arroyo Park; 38th Street Park; Back Bay View Park; Bayside Park; Bayview Park; Begonia Park; Big Canyon Park; Bob Henry Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek Park & Community Center; Buffalo Hills Park; Canyon Watch Park; Carroll Beek Community Center and Balboa Island Park; Castaways Park; Channel Place Park; Civic Center Community Center; Civic Center Park; Cliff Drive Park and Community Center; 24-520
Coastal Peak Park; Corona del Mar Pocket Park; Corona del Mar State Beach; Dog Park; Eastbluff Park & Boys and Girls Club; Galaxy View Park; Gateway Park; Grant Howald Park & Community Youth Center; Harbor View Nature Park; Harbor Watch Park; Inspiration Point; Irvine Terrace Park; Jasmine Creek Park; John Wayne Park and Theater Arts Center; Kings Road Park; L Street Park; Lake Ave Park; Lido Park; Lincoln Athletic Center; Lookout Point; Los Trancos Canyon View Park (lower, middle, upper); Lower Castaways Park; M Street Park; Marian Bergeson Aquatic Center; Marina Park; Mariners Park and VJ Community Center; Mesa Birch Park; Miramar Park; Myrtle Park; Newport Aquatic Center; Newport Coast Community Center; Newport Island Park; Newport Shores Park; North Star Beach; OASIS Senior Center; Old School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and Lawn Bowling Center; San Miguel Park; Spyglass Hill Park; Spyglass Hill Reservoir Park; Sunset Ridge Park; Sunset View Park; Upper Buck Gully Reserve; Uptown Park; Veteran's Memorial Park; West Jetty View Park; West Newport Communitv Center: West Newport Park: and Westcliff Park.
Public Works Director. The term "Public Works Director" means the individual who manages and directs the City's Public Works Department.
Recreation and Senior Services Director. The term "Recreation and Senior Services Director" means the individual who manages and directs the City's Recreation and Senior Services Department.
Revenue Division. The term "Revenue Division" means the City's Finance Department Revenue Division.
Risk Manager. The term "Risk Manager" means the Risk Manager of the City's Human Resources Department, or the individual appointed by the Human Resources Director as the Risk Manager.
School. The term "School" means an institution of learning, whether public or private, which offers in -person instruction in grades K through twelve (12) in those courses of study required by the California Education Code and is licensed by the State Board of Education. This definition includes all kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education including, but not limited to, Andersen Elementary School; Carden Hall; Corona del Mar Middle and High School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day School; Harbor View Preschool and Elementary School; Lincoln Elementary School; Mariners Elementary School; Newport Christian Academy; Newport Coast Preschool and Elementary School; Newport Preschool & Elementary School; Newport Harbor High School; Newport Heights Elementary School; Our Lady Queen of Angels Catholic School; Pacifica Christian High School; and Sage Hill High School.
State. The term "State" means the State of California.
Streets. The term "street" means and include all streets, roads, highways, avenues, lanes, alleys, courts, boulevards, places, squares, curbs, or other public ways in this City, which 24-521
have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
Tenant, Occupant. The term "tenant or occupant" applied to a building or land means and include any person who occupies the whole or part of such building or land, whether alone or with others.
Utilities Director. The term "Utilities Director" means the individual who manages and directs the City's Utilities Department.
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Chapter 1.10
JUDICIAL REVIEW OF CITY DECISIONS
Sections:
1.10.010 Applicability of Cal. Civ. Proc. Section 1094.6.
1.10.020 - Notice of Time Limit for Review.
1.10.010 Apmlicability of Cal. Code of Civ. Proc. Section 1094.6.
Cal. Civ. Proc. Section 1094.6 is applicable to the decisions of the City Council, and of any department, board, commission, officer or agent of the City revoking or denying an application for a permit, license or other entitlement or denying an application or allowance which is subject to the judicial review pursuant to Cal. Civ. Proc. Section 1094.5.
1.10.020 - Notice of Time Limit for Review.
The City Council, and any department, board, commission, officer, agent or employee of the City that makes a decision subject to Cal. Civ. Proc. Section 1094.5, shall give notice to the affected party of the time to seek judicial review in accordance with Cal. Civ. Proc. Section 1094.6.
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Chapter 1.12
CITATIONS AND WARRANTS
Sections:
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations.
1.12.030 Violation of Promise to Appear.
1.12.010 Chapter 5c of Penal Code Adopted by Reference.
Except as provided in this chapter, the provisions of Cal. Pen. Code Part 2, Title 3,-Pa-rt Chapter 5cG, Title 3Part 2, of the Cal. Codeofthe State of California, a,,,ended-lare hereby adopted and made a part of this chapter as though fully set forth.
The peace officer employees of the City are authorized to issue infraction citations for violations of this Code as an alternative to their existing authority to issue citations and arrest for misdemeanors.
1.12.020 NBMGAuthority of Public Officer or Employees to Issue Citations.
A. The following designated public officers and employees shall have the power to issue citations for any violations of the erdonanGes and iifieid in this of this Code:
Al. Animal Control Officers, Community Service Officers, Custody Officers, Parking Control Officers, Police Officers and employees holding positions in the Police Department desianated by the Police Chief:
2. The Communitv Development Director. Harbormaster. Public Works Director, and employees holding positions in these departments designated by the director of the department;
3. Code Enforcement Officers; and
4. Municipal Compliance Officers who may be employed by contract.
B. The following designated public officers and employees shall have the power to issue citations for violations of the following provisions of this Code:
enter Di
, 81. The Fire Chief, P bli^ Werks rand Harhermaster� — _ �� T and other
employees holding positions in the Fire Departmentmembers--efthe —staff designated by the Fire Chief, P blin VVGFkS DireGter and Harbermaster, shall have the power to issue citations for any violation of Titles 5, 9 11 and 17, Chapters
7.04, 7.16, 7.20, and 7.30, and Sections 6.04.050, 6.04.190 and 10.06.010.
S2. The Revenue Manager and other employees holding positions in the Finance Department designated by thgdepar+me„+ staff designated by +he Finance 24-524
Director shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10, SeGtien 1 nn 060 and Chapters 12.62 and 12.63, and Section 12.40.060.
3. The Building Official, and other employees holding positions in the Building Divisionsta# -designated by the Building Official, shall have the power to issue citations for any violation of Title 15 of this Code.
41. Park Patrol Officers shall have the power to issue citations for violations of Chapters 11.03 and 11.04 of this Code and for violations of any provision of this Code occurring in parks or parking violations occurring in parking lots servicing parks and other City facilities.
5. The City Clerk shall have the power to issue administrative citations for violations of Chapter 1.28.
C. The following designated public officers and employees shall have the power to issue citations for violations efthe-of the following provisions of state or local law:
1. Animal Control Officers, Community Services Officers, Custody Officers, Police Officers, and Parking Control Officers, I„n+eePs (as autherized by SeG 22507.9 Q of the \/ehiGle Gerde for hanidiGapped parking enfornement) and other employees holding positions in the designated members of +he police Department staff shell have the PGWer to is s , ,e Gitatlons fer anY Violation of this Gerde anrd aRy Conde of the State of California as assigmerd designated by the Chief of Police shall have the power to issue citations for violations of Cal. Veh. Code, to the maximum extent allowed under State law, including, but not limited to, Cal. Veh. Section 22507.8 and local ordinances and resolutions adoated oursuant to Cal. Veh.
Section 22511.7.
2. The Fire Chief. Public Works Director and Harbormaster and other employees holding positions in these departments designated by them, shall have the power to issue citations for any violation of Sections 22500.1 and 22514 of the Cal. Vehicle Code, the Cal. Fish &ate G.ame Code., of the State of California Title 14 of the California Code of Regulations, the Pro„isions of the Health and Safety Cede of the State of Gadifornia that .,Aland the provisions of C`"'a��lll..
Harb. & Nay. Code, Division 3, Chapter 5 of Division `Z of the HaFbOFs aRQ Navigat'GR Code of the State ef GalifeMffia any provision of State or local law related to fire suppression or fire prevention and any provision of State and local laws oertainina to the handlina. use. storaae or disposal of hazardous materials or waste.
._ .
1111114- HA~
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himi
1 \
j. The Git`CTer�"II have the power te issue adMinistratiVe nitatinns fnr yinlatinnc ref Chapter D. The City Clerk shall be informed, in writing, by the Police Chief, Fire Chief, Harbormaster, or Department Director of all positions authorized to issue citations pursuant to this section and the City Clerk shall maintain a list of all positions designated pursuant to this section. The City Clerk shall provide a copy of the designated position list to the public upon request.
E. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this Code, or by State law.
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Chapter 1.25
MUNICIPAL ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURE CONTROL*
1.25.010 Purpose and Findings.
F. The contribution limitations imposed by this chapter are consistent with the spirit, intent and letter of the Political Reform Act of 1974 (Title 9 of the Cal.+fernia Gov.ernrneRn Code, Sections 81000, et seg.).
1.25.015 Intent.
The intent of this chapter is to impose limits on the amount of money that may be contributed to a candidate or candidate's controlled committee to achieve the purposes specified in Section 1.25.010. This chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the Fair POliREal PraGtiees GGMMOSSn (+o,Tr`,--To=4FPPC, being 2 CCR giyi Section 18104 et seg.).
1.25.030 Campaign Contributions —Limitations.
A. Contributions by Persons to Candidate or Candidate's Controlled Committee. No person shall knowingly and willfully contribute to a candidate and/or the candidate's controlled committee, with respect to any single election, an amount that would cause the total contributed by such person to the candidate and the candidate's controlled committee, when combined, to exceed one thousand twefour hundred dollars ($1,4200.00).
B. Acceptance or Solicitation by Candidate or Candidate's Controlled Committee. No candidate or candidate's controlled committee shall knowingly and willfully solicit or accept any contribution from any person, which would cause the total amount contributed by such person, with respect to any single election, to the candidate and the candidate's controlled committee, when combined, to exceed the sum of one thousand fourtwe hundred dollars ($1,4200.00).
C. Adjustment for Cost of Living Changes. The campaign contribution limits and contribution acceptance and solicitation limits set forth in subsections (A) and (B) of this section shall be automatically adjusted in two-year intervals, beginning July 1, 2025. The time period for calculating the increase to the contribution limit shall be from March two years prior to an adjustment to March of the year of adjustment. beginning OR 2-02�1, by the city Clerk to reflent ohaRges in the Cons rner Drine inrJev in accordance with Section for " Urban Con01 Fnerc (GPI _I I\ in the celested lonal area of Los 4nnelec_ 24-527
B-Gerrespe ding index f„r 2019 peFGen+, Adjustments made pursuant to this subsection shall be rounded to the nearest one hundred dollars ($100.00), shall be announced by the City Clerk in June of the year an adjustment is to be made, and shall be effective July 1st.
D. Demand for Return of Excess Contributions. It shall not be a violation of subsection (A) of this section if the person: (1) first became aware the person violated the limitations set forth in subsection (A) of this section when the person received a return of the excess contribution(s) from the candidate or candidate's controlled committee; or (2) if the person demands, in writing, a return of the portion of any contribution(s) donated in excess of the limitations imposed by subsection (A) of this section within fourteen (14) Galendar days from the date the City provides written notice to the person of the alleged violation of subsection (A) of this section or the date the person discovers that the person's contribution(s) exceed the contribution limit set forth in subsection (A) of this section, whichever is sooner. A copy of the written notification by the person demanding the return of the portion of any contribution(s) donated in excess of the limitations imposed by subsection (A) of this section shall be provided via certified mail or courier delivery to the last known address of the candidate or the candidate's controlled committee. If the excess contributions were not returned by the candidate or candidate's controlled committee prior to sending the written demand, the person shall provide the City Clerk with a copy of the written demand, and proof of delivery thereof, within fourteen (14) GaleRdar days of the date the demand is made.
E. Return of Excess Contributions. It shall not be a violation of subsection (B) of this section if the candidate or candidate's controlled committee returns the portion of any contribution(s) donated in excess of the limitations imposed by subsection (B) of this section within fourteen (14) GaleRdar days from the date the City provides written notice to the candidate or candidate's controlled committee of the alleged violation of subsection (B) of this section or the date the candidate or candidate's controlled committee discovers that the contribution(s) exceed the contribution limit set forth in subsection (B) of this section, whichever is sooner. If the City notified the candidate or candidate's controlled committee that the contributions exceeded the limitations imposed by subsection (B) of this section, written notification showing the donor's name, the amount returned, and the date of the return shall be provided to the City Clerk within fourteen (14) GaleRdar days of the date of the return.
F. Contributions by Candidates. The provisions of subsections (A) and (B) of this section shall not apply to contributions from a candidate to his or her controlled committee nor to the expenditure, by the candidate, of his or her personal funds.
G. Contributions to Committees. Contributions made to any person or a committee, and not to a candidate or candidate's controlled committee, shall not be considered as contributions to the candidate or candidate's controlled committee notwithstanding the fact that such person or committee supports the candidate or uses the contribution with a view to bringing about the nomination or election of the candidate. 24-528
H. Anonymous Contributions. No candidate or candidate's controlled committee shall knowingly and willfully accept anonymous contributions, with respect to any single election, which would cause the total amount of anonymous contributions received by the candidate and the candidate's controlled committee, when combined, to exceed one hundred dollars ($100.00). Subject to the provisions of State law, it shall not be a violation of this subsection if the candidate or candidate's controlled committee pays to the City, for deposit into the general fund to be used to defray the costs of municipal elections, the portion of any contributions accepted in excess of the limitations imposed by this subsection within fourteen (14) G^'�nardays from the date the City provides written notice to the candidate or candidate's controlled committee of the alleged violation of this subsection or within fourteen (14) Ga'8RdaF days of the date the candidate or candidate's controlled committee discovers the contribution(s) exceed the contribution limit set forth in this subsection, whichever is sooner.
I. Notice from the City. For purposes of this section, written notification by the City shall be by certified mail to the person to be notified at the person's last known address. Service by certified mail shall be deemed completed at the time of deposit with the post office.
J. City Clerk. If the City Clerk has a good faith belief that a person, candidate, or candidate's controlled committee has violated this section, the City Clerk shall refer the matter to the District Attorney.
K. Recall Elections.
1. The campaign contribution limits set forth in this section shall not apply to any Councilmember or Councilmember's controlled committee established to oppose the qualification of a recall measure and, if the qualification is successful, the recall election after the Councilmember receives a notice of intent to recall pursuant to Cal. Elec. Code Section 11021.
2. The campaign contribution limits set forth in this section shall apply to any candidate running to replace the Councilmember in a recall election.
3. After the failure of a recall petition or after the recall election, any remaining funds received by the Councilmember or Councilmember's controlled committee established to oppose the qualification of a recall measure and if the qualification is successful, the recall election, shall be treated as surplus funds and shall be expended within sixty (60) days after the failure of the recall petition or after the recall election for a purpose specified in Cal. Elec. Code Section 89519 (b). 24-529
Chapter 1.26
ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
1.26.010 Definitions.
Unless otherwise defined below, the terms used in this chapter shall have the same definitions as specified in the Political Reform Act (Cal.fifernia Gov.ernrnenR Code Section 81000 et seq.) and FPPC regulations (2 CCR Cal.ifernia Coro of Regulations. Title 2, Section 18104 et seq.O+vis+er6), or aRY cL IGGesser statutes or regulations. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any State election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference.
"City Clerk's online system" means the web -based filing system utilized by the Newport Beach City Clerk's Office for the submission of statements, reports or other documents required by Chapter 4 of the Political Reform Act (Cal +fornia Gov_ernrnenn Code Section 84100 et seq.) er any S GGesser statute.
"Statements" means statements, reports, or other documents required by Chapter 4 of the Political Reform Act (Cal. +#eFRia-Gov.er men Code Section 84100 et seq.) or -any S GGesser statute.
1.26.020 General.
A. Any elected officer, candidate, or committee required to file original statements with the Newport Beach City Clerk's Office may file such statements using the City Clerk's online system according to procedures established by the City Clerk. These procedures shall ensure that the online system complies with the requirements set forth in Cal.ifernia Gov.ernmenn Code Section 84615. From and after DeEernber 31, 2018—eElected officers, candidates and committees required to file original statements with the City Clerk shall file such statements using the City Clerk's online system, unless exempt from the requirement to file online pursuant to Cal.ifernia Gov.erRFAeRt Code Section 84615, er any suEEeesr ^ statute —,because the officer, candidate or committee receives less than twoone thousand dollars ($24-,000.00) in contributions and makes less than twoeee thousand dollars ($24-,000.00) in expenditures in a calendar year.
C. The City Clerk's online system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Cal.ifernia Gov.�S R Code Subsection 84602 arst-atut�and that is
- — ()(_3�, or -a ) -r�s�ecess
compatible with the Secretary of State's system for receiving an online or electronic filing.
1.26.030 Procedures for Utilizing Online Filing.
opt On to the eleGtreniG filing systern by eleGtreniGally filiRg a statement that is required to be filed with the Gity Clerk pursuaRt W Chapter 4 of the PelitiGal Reform AGt, er aRY 24-530
format with the City Clerk. Thereafter, the eleGted OffiGer, Gandidate Or GOMmittee shall i , all original staternents paper format with the City Clerk. From and after DeGernber subsequent statements shall be filed eleGtreniGally. An eleGted efter, Gandidate, 0-r as deSerib,n C i0(A) er aRy c„ nr statute.
eE � eeess��
A9. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk.
BS. Any elected officer, candidate, or committee who is required to file an original statement with the California Secretary of State and a copy of that statement with the City Clerk's Office may, but is not required to, file the copy of the required statement using the City Clerk's online system.
Cs. The City Clerk's online system shall issue an electronic confirmation that notifies the filer that the statement was received, which notification shall include the date and the time that the statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed online shall be the day that it is received by the City Clerk.
D€. If the City Clerk's online system is not capable of accepting a statement, an elected officer, candidate, or committee shall file that statement in paper format with the City Clerk.
E. The City Clerk's online system shall enable electronic filers to complete and submit filings free of charge.
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Chapter 1.28
LOBBYIST REGISTRATION AND REPORTING
1.28.020 Definitions.
lz
r •
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Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Establishment Authority.
2.08.020 Bond for Manager Pro Tempore.
2.08.030 Compensation —Expenses.
2.08.040 Powers and Duties.
2.08.060 Subject to Civil Service Provisions.
2.08.030 Compensation — Expenses.
In addition to the compensation fixed by the City Council, the City Manager shall be reimbursed for all sums necessarily incurred or paid by the City Managedh4n in the performance of the City Manager'sl4s duties within the amounts fixed in the budget for such purposes and for the City Manager'sl4s expenses incurred when traveling on business pertaining to the City under the direction of the City Council; , that remmbwSeMeRt fOF GUGh expeRSeS fer traveliRg shall be made GRIy after a verified has boon pre SeRted to the City GG RGO! and approved by if
2.08.040 Powers and Duties.
B. To consolidate or combine duties, offices, positions, departments or units under 14s the City Manager's direction within the limits established by the City Charter, this Code, or the annual budget, and subject to City Council approval; provided, however, that nothing herein contained shall be construed to supersede the authority of the Civil Service Board in the matter of classification of City officers or employees subject to Civil Service or prohibit the City Manager from authorizing the Assistant City Manager to perform the duties of a Department Director for a limited term;
D. To recommend to the City Council for adoption such measures and ordinances as the City Managerhe deems necessary or expedient;
E. To make investigations into the affairs of the City, and any department or division thereof under the City Manager's4+s direction and control; I. To avoid all activities outside the City government which are inconsistent with the policies of the City Council or the duties of the City Manager'sl4s, office; 24-533
K. To perform such other duties and exercise such other powers as may be delegated to the City Managerhim from time to time by ordinance or resolution of the City Council. 24-534
I�TeT�L��-7.T.T11'L1
24-535
24-535
Chapter 2.12
ADMINISTRATIVE DEPARTMENTS
2.12.030 Community Development Department.
The Community Development Department shall be under the supervision of the Community Development Director. The term "Planning Dire' er "Building Direr" as found On the Newpert BeaGh MuniGipal Code, er on any GentraGt or agreement to whiGh the The functions of the Community Development Department shall include:
A. Administration and enforcement of the provisions of this Code relating to planning, zoning and subdivisions, nuisance abatement and Code enforcement, and advising and assisting the Planning Commission in such administration vested in that Commission; B. Administration and enforcement of the building, electrical, plumbing and mechanical codes, including grading and swimming pool regulations; C. Administration and enforcement of State regulations governing energy conservation and sound transmission;
D. Preparation and presentation of reports to the City Council and the Planning Commission on various aspects of City planning;
E. Preparation and maintenance of the General Plan;
F. Advising the public on zoning and planning matters;
G. Receipt and processing of subdivision maps; and
H. Such other functions as may be delegated by the City Manager or the City Council.
2.12.040 Finance Department.
The Finance Department shall be under the supervision of the Finance Director, who shall have charge of financial affairs of the City. The t rm "AdministrativeeFYTGCSDlrectE)F" City is a part., shall be 1erea1te�1 refeF W theFnan^8 D#eGt„r. The financial functions of the Finance Department, in addition to those duties imposed by the City Charter, shall include:
A. Enforcement of the City's business license and transient occupancy tax regulations; B. Management of the City's finances, financial statements, audits, revenue collection and billing, financial management system budget, payroll, accounting, cashiering, treasury and investments;
C. Purchase of supplies, equipment, training, and services used by City departments; D. Disposal of obsolete and surplus City property;
24-536
E. Management of the City's parking program, including meters and lots; and F. Such other functions as may be delegated by the City Manager or the City Council.
2.12.050 Fire Department.
The Fire Department shall be under the supervision of the Fire Chief. The term "Marine DoreEter"as used OnthisCode shall eerned-hereafter to refer to Fore Chief.The functions of the Fire Department shall include:
A. Administration.
1. Ensure fulfillment of the Fire Department mission through planning, preparation, designation of funding, and securing of equipment and materials required to support personnel, operations, and programs.
2. Prepare residents for disasters and emergencies through community preparedness programs.
B. Prevention.
1. Identify and prevent hazards to life, health, property and the environment.
2. Apply and enforce California State laws and local ordinances.
3. Plan and prepare City staff and residents to address potential disasters.
C. Operations.
1. Respond to and mitigate all threats to life, health, property and the environment.
2. Provide training and education to support expertise and safe operations.
3. Monitor for quality assurance.
D. Lifeguards.
1. Respond to and mitigate all threats to life and health on the City beaches and waterways.
2. Provide training and education to support expertise and safe operations.
E. Collaborate with the Orange County Harbor Patrol and/or the U.S. Coast Guard to prevent and/or respond to accidents of a marine nature within the City limits or contiguous unincorporated territory under County contractual agreements.
F. Such other functions as may be delegated by the City Manager or the City Council.
2.12.060 Human Resources Department.
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The Human Resources Department shall be under the supervision of the Human Resources Director. The functions of the Human Resources Department shall include:
A. Establishment and maintenance of the City's personnel policies, employee classifications and compensation policies and other conditions of employment to assist the City Manager in carrying out the provisions of Chapters 2.24 and 2.28 of thise NeWOrDs1t BeaGh M Rinipal Code;
2.12.080 Utilities Department.
The Utilities Department shall be under the supervision of the Utilities Director. The , Cede,party, shall be deemed hereafter te refer te the Utilities DiFeGtGF of the "Utilities GF R aRY G-GRtraGt er agFeeMeRt tG whiGh the Gity is a party, shall be deemed hereafter tG s a party, shall be deemed hereafter te refer te the Utilities [DepaFtMeRt WheReVeF the MuniGipal Code, or on any GORtraGt or agreement to whiGh the Gity is a party, shall be below f„RGti^„S. The functions of the Utilities Department shall include:
A. Maintenance and operation of the City water system;
B. Maintenance and operation of the City sewer system;
C. Maintenance and operation of the City's street sweeping program; D. Maintenance and operation of the City's storm drain system; E. Maintenance and operation of the City street lighting system; F. Management of the City's oil and gas operations;
G. Management of the regulations found in Chapter 14-.04; and H. Such other functions as may be delegated by the City Manager or the City Council.
2.12.100 Public Works Department.
The Public Works Department shall be under the supervision of the Public Works Director who shall also be the City Engineer Pro Tern and the SuperiRteRdeRt of Thin the "Deputy Publin Works cs DireGter IVILIROGipal Operations." The term "Murninicipal 24-538
Operat%Departm�as fe girl in thee Ne pert QeaGh MuniGipal i`ede er in any the PubliG Works Department whenever the referenGe to the MuniGipal OperatieRS GentraGt er agreement te whiGh the City is a party, shall be deerned hereafter to refer4G OperatiORs a
e Cede, as found the Newport BeaGh MUROGipal
shall be deerned hereafter to refer to the eF on any GentFaGt party,
Deputy
fe
below funntir,nc. The functions of the Public Works Department shall include:
A. Planning, installation, design, preparation, review and approval of plans, specifications and working details, operations and maintenance, and administration of contracts for the construction of public works, including streets, storm drains, water quality sewers, water, harbors, street lighting, traffic signals and other public facilities; B. Right-of-way acquisition;
C. Subdivision engineering and development services;
D. Traffic engineering services;
E. Engineering services for other City departments;
F. Engineering planning for water, sewer and electrical systems; G. Water quality inspections and reporting as required by law; H. Activities over and management of the City's tidelands assets in Upper and Lower Newport Bay;
I. Street and beach cleaning;
J. Administration and enforcement of State regulations and provisions of this Code related to the collection, transport, diversion and disposal of solid waste Refuse anCI garbage GGI!ent*en and disposal;
K. Maintenance and repair of streets, alleys, curbs, sidewalks, storm drains, bridges, piers, bulkheads and floats;
L. Maintenance and repair of City equipment;
M. Signage and carpentry;
N. Street striping, and barricade, curb, crosswalk, parking stall, and pavement painting; O. Street name and regulation sign posting maintenance; P. Custodial maintenance and minor repair services for City -owned and occupied buildings and facilities;
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Q. Landscaping and maintenance of City parks, parkway trees, and planted areas on City -owned property, easements and rights -of -way;
R. Maintenance of electrical equipment in City buildings; and S. Such other functions as may be delegated by the City Manager or the City Council.
2.12.120 Harbor Department.
The Harbor Department shall be under the supervision of the Harbormaster who shall serve as the head of the Department. The functions of the Harbor Department shall include:
A. Management of the City's resources in Newport Harbor, including administration of Title 17;
B. Operation of a headquarters at Marina Park or other location selected by the City Manager;
C. Patrol of Newport Harbor;
D. Provision of code enforcement on the waters of Newport Harbor; E. Management of the City's marinas, moorings, docks, wharfs and visitor -serving harbor facilities and amenities;
F. Promotion of harbor and boating safety;
G. Addressing inquiries from residents and visitors regarding Newport Harbor; H. Management of City -owned marinas;
I. Providing staff to act as the liaison to the City's Harbor Commission; J. Management of a pollution prevention program in Newport Harbor; and K-J. Such other functions as may be delegated by the City Manager. 24-540
Chapter 2.20
EMERGENCY SERVICES
Sections:
2.20.00E Prior History Note for Chapter 2.20.
2.20.010 Purpose.
2.20.020 Emergency Defined.
2.20.030 DisasterEmergenc-y Council —Members.
2.20.040 DisasterEmergenc-y Council —Powers.
2.20.050 Emergency Operations Plan.
2.20.060 Director and Assistant Director of Emergency Services —Powers and Duties.
2.20.065 Review and Termination of Proclamation of Emergency.
2.20.070 Director —Assistant Director —Emergency Powers.
2.20.080 Emergency Organization.
2.20.090 Expenditures.
2.20.100 Violation.
.. 10 SeverabiW..
2.20.010 Purpose.
The purpose of this chapter is to provide for the preparation and implementation of plans for the protection of persons and property t pfey de oofWGe-s within the+s City in the event of an emergency, to empower certain City officials and staff to promulgate orders and regulations necessary to provide for the protection of life and property or to preserve public order and safety, and to provide for the coordination of the emergency service functions of this City with all other public agencies and affected private persons, corporations, and organizations. This article is intended to comply with the California Emergency Services Act, Cal. Gov. Code Section 8550 et. seq.
2.20.020 Emergency Defined.
As used in this article, the terms state of emergency, local emergency, and state of war emergency have the same meanings as in Cal. Gov. Code Section 8558. The term "emergency" shall mean a state of emergency, local emergency, and state of war emergency. As used °�s chapter,""lec-aremerg ne, " er "emergeRGY" ReaRS the Qotual 24-541
er threatened exostenGe ef Genditiens ef disaster er ef extreme peril te the safety e sterm, tsunarno, dreught, sudden and severe energy shortage, plant er animal infestatie-R or disease the Governor's warning of an earthquake or VeIGanin eruption riot or other vr�rJ�.u�, mom. Governor's cc cai-rr .�cr-cr�crvi-r-rTv�vrvrr-r T Genditions, exGept these resulting frern a IabeF Gentreversy, whiGh are, er are likely te ,
2.20.030 DisasterEmergencty Council-- Members.
The City of Newport Beach DisastePmGy Council is hereby created and shall consist of the following members:
A. The Mayor, who shall be the chairn4an, or in his or her the Mayor's absence, the Mayor Pro Tempore;
B. The remaining members of the City Council;
C. Other officers and employees of the City of Newport Beach, and representatives of civic, business, labor, veterans, professional, or other organizations within the community, as may be designated appointed by the chair, subject to confirmation by the City Council members by the emergennY eneratiens plan.
2.20.040 DisasterEmergenc-y Council —Powers.
The DisasterEm G!V Council is empowered to review, and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules, and regulations as are necessary to implement these plans and agreements, and to perform such other functions as may be designated in the emergency operations plan. The DisasteEEmergenGy Council shall meet upon call of the Mayor or in his or her absence the Mayor Pro Tempore or the City Manager.
2.20.050 Emergency Operations Plan.
The City Council shall has adopted an emergency operations plan_. The plan shall that provides for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting an emergency- InGc-a+I-emergenGY, state oemergenGy, er state of war emergenGy as these terms are defiRed on thus Ghapter er by state la The Emergency re„n„ilDisaster Council shall periodically review the plan and propose, to the City Council, changes which will ensure the maximum effectiveness of the plan. The plan shall be considered supplementary to this chapter, but shall have the effect of law whenever an emergency, as provided in this chapter, has been proclaimed.
2.20.060 Director and Assistant Director of Emergency Services —Powers and Duties.
When there is an emergency- within the territorial limits of the City or which may impact the City, Tthe Director of Emergency Services, who shall be the City Manager, and 24-542
Assistant Director of Emergency Services, who shall be appointed by the Director shall have the following powers and duties:
A. Request the City Council proclaim the existence or threatened existence of a local emergency, and the te rmiRatinn +her , _if the Council is in session. The Director or Assistant Director may issue such a proclamation if the Council is not in session, and in such event, the City Council shall take action to ratify the proclamation at the earliest practicable time, but in no event more than seven LTLdays after issuance of the proclamation or the proclamation shall have no further force or effect; B. Request the Governor proclaim a state of emergency when, in the opinion of the Director or Assistant Director, resources available locally are inadequate to cope with the emergency;
C. Control and direct the efforts of the emergency organization of the City to accomplish the purposes of this chapter including, but not limited to, training of employees for emergency and disaster -related functions, disseminating to the public information related to emergency preparedness activities, and recommending to the City Council the adoption of mutual aid agreements;
D. Direct cooperation between, and coordination of, the services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them;
E. Represent the emergency organization of the City in all dealings with public or private agencies pertaining to emergencies as defined in this chapter; and F. Prepare and maintain, on a current basis, the emergency operations plan as provided, and described, in this chapter, and submit the plan to the City COURGOIDisaster Council mat.
2.20.065 Review and Termination of Proclamation of Emergency.
The City Council shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. The City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
2.20.070 Director —Assistant Director —Emergency Powers.
In the event of the proclamation of an emergency which impacts the City, or which may impact the City —Gal eeimergeRGY,
the
PrOGIamatiOR of a state oTemerg nnbythe
President Geyerner, or State DireGtGr ef OffiGe of EmergenGy SeWfe5, the Director is empowered, within limitations specified in the City Charter, to do the following:
A. Make, issue, and enforce rules, orders or regulations reasonably related to the protection of life and/or property, or the preservation of public order and safety, which orders shall not apply to the Disaster Council or Disaster Service Workers when they are 24-543
working in their official capacity. These rules, orders and regulations shall include, but not be limited to, any one or more of the following:
1. An order imposing a curfew within the entire City, or designated boundaries.
The order imposing the curfew shall prohibit the presence of any person on any public highway, sidewalk or place, and may prohibit presence in any outdoor place, public or private,
2. An order prohibiting access to, travel along, or egress from any public or private street, highway or road within the City,
3. An order prohibiting or restricting the sale of alcoholic beverages in or from any business in all or a portion of the City;
B. All rules, orders and regulations made and issued pursuant to this chapter, and any amendment or rescission thereof, shall be in writing and given widespread publicity and notice. No rule, order or regulation issued pursuant to this chapter shall be effective unless and until widespread publicity and notice have been given, and, in the case of any curfew order, such order shall not be effective until notice of the curfew order has been given within the boundaries of the area subject to the curfew by mobile sound trucks or vehicles equipped with public announcement systems. Rules, orders and regulations issued pursuant to this chapter shall remain in effect for the period specified in the declaration of emergency, but no rule, order or regulation shall remain in effect for more than seven M days unless confirmed and ratified by the City Council. All rules, orders and regulations issued pursuant to this chapter shall be ratified and confirmed at the earliest practicable time by the City Council, but in no event shall confirmation and ratification occur more than seven aLdays after issuance. Prior to confirmation and ratification, the Director or Assistant Director shall provide the City Council with the written emergency proclamation, all other related documents, and a report explaining the facts and circumstances which prompted the emergency proclamation and issuance of emergency rules, orders and regulations;
C. To obtain vital services, supplies, equipment and such other properties as are found lacking and needed for the protection of the life and property of the pee and to bind the City to pay fair market value for the goods and services, and if required immediately, to commandeer the same for public use, within the confines of the City Charter and State law;
D. To require emergency services of any City officer or employee, and to requisition the necessary City material, and in the event of the proclamation of extreme emergency by the Governor, in the region in which this City is located, to request the aid of as many citizens of this community as the Governor deems necessary in the execution of these duties. Such person shall be entitled to all privileges, benefits and immunities as provided by Sstate law for registered emergency services and disaster workers and volunteers; 24-544
E. Exercise all ordinary powers of the City Manager, as well as all special powers conferred upon the Manager by this chapter, by any provision of State or local law, by any agreement approved by the City Council, by the emergency operations plan then in effect, or special power vested in City by any other lawful authority; and F. Designate the order of succession to the office of Director of Emergency Services to take effect in the event the Director, and Assistant Director, are unavailable to take appropriate action pursuant to the provisions of this chapter. The order of succession shall be approved by the City Council and shall be specified in the emergency operations plan.
2.20.100 Violation.
(Verde of the city of Newport LieaGh for aRy No person during an emergency shallte:
A. WilfullyWillfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful order, rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon the member by virtue of this chapter; B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof; or
C. Wear, carry or display, without lawful authority, any means of identification specified by the emergency agency of the State or the City of Newport BeaGh 7 20 110 Seyerabmimty
if aRy > > > > feF any e
,
24-545
Chapter 2.24
CIVIL SERVICE SYSTEM
2.24.010 Definitions.
Gifts Gh eF. The term "City Ghartshaluri-rMeaR the City FteF of the Getf Ne n�T Gity GeunGil. The term "Gigs Geun ' 'n'I shall mean the Gity GeunGil of the vity Newport.
Bover
2.24.060 Responsibilities and Authority of City Manager.
D. DelegatiOn ri�therity ARY er all of the abode fUnGtOOnc and any er all f Un�OR-s, delegated by the Gity MaRager on WitiRg te his or her designee. The City e desigRee shall have the autherity W GE)RdUGt the fURGtOORs delegated as Of he er she were the City Manager.
2.24.100 Selection of Fire and Police Chiefs.
The selection of the Police Chief and Fire Chief shall be made by the City Manager from among the candidates who meet the minimum qualifications for the class after completion of a qualifications' appraisal process. The City Manager or his designee shall screen applicants for the minimum qualifications for the class. The top candidates who meet the minimum qualifications shall be examined in a qualifications' appraisal process established by the City Manager. The City Manager shall appoint a member, or members, of the Board to serve on a qualifications' appraisal panel within the qualifications' appraisal process. The City Manager shall choose a candidate from the eligibility list for the class compiled after completion of the qualifications' appraisal process. 24-546
Chapter 2.28
PERSONNEL POLICY, COMPENSATION PLAN
Sections:
2.28.010 Establishment of Classifications and Salary Ranges.
2.28.020 Uniform Personnel Policies.
24-54 7
Chapter 2.30
RECYCLING SERVICE FEE
Sections:
2.30.010
Short Title.
2.30.020
Findings and Purpose.
2.30.030
Authority.
2.30.040
2 0—Sever
Responsibility.
r
r r
24-548
Chapter 2.32
TRAFFIC DIVISION AND ENGINEER
2.32.020 Duties of City Traffic Engineer.
It shall be the general duty of the City Traffic Engineer or his or her designee to determine and approve the planning, design, installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions and to cooperate with other City officials in the development of ways and means to improve traffic conditions.
24-549
Chapter 2.36
PEACE OFFICER'S TRAINING
Sections:
2.36.010 State Aid for Training —Adherence to Standards. 7 36 020 StateAnd Arftln�3 Adherence to Standards
2.36.010 State Aid for Training —Adherence to Standards.
The City Council of the Gity of hlowpeFt Roach declares that it desires the City to qualify to receive aid from the State of California under the provisions of Chanter 1 .,f Title n P 4 of the Cal.ifGFRia Pen.al Code Sections 13500-13553.
Pursuant to Cal. Pen Code Sections 13510 and 13522 of Chapter 4 , the City of I Newport t�
BeaEh, while receiving aid from the State of Galif9rnia pursuaRand Chapter 1, will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training.
Pursuant to Cal. Pen Code Section 13512 of Chapters, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the City's peace officer and public safety dispatch personnel adhere to the standards for selection and training established by the Commission on Peace Officer Standards and Training.
2.336.002 to id Article 3 ereire to Standards.
While reGeiving any State Aid pursuant te MiGle 3, GOMmenGing with SeGtien 604 0 of tl!l& California Penal Code e Ciit�T Newpor
t Qeaeh will adhere standaFdo�T
, the
colon+inn and draining established by the Beard of GeKentienc 24-550
Title 3
REVENUE AND FINANCE
Chapters:
3.04 Sales and Use Tax
3.08 Property Tax
3.12 Property Development Tax
3.16 Uniform Transient Occupancy Tax
3.20 Gasoline Tax
3.22 Real Property Transfer Tax
3.26 Health Care and ReGreatmen FaGmiotmes Revenue Bond OrdmnanGe
3.27 Municipal Facilities Revenue Bond Code
3.28 Visitor's Service Fee
3.30 Air Quality Improvement Trust Fund
3.32 Special Improvement District Financing Code
3.33 Assessment District Alternative Procedures
3.34 Marine Charter Passenger Tax
3.36 Cost Recovery For User Services
24-551
Chapter 3.04
SALES AND USE TAX
Sections:
3.04.010
Short Title.
3.04.020
Rate.
3.04.030
non
Purpose.
3.0 3.04.050
Operaf"�te.
Sales Tax.
3.04.060
Place of Sale.
3.04.070
Use Tax.
3.04.080
Adoption of Provisions of State Law.
3.04.090
Limitations on Adoption of State Law.
3.04.100
Permit Not Required.
3.04.110
Exclusions and Exemptions —Measure of Tax.
3.04.140
Amendments.
3.04.150
Enjoining Collection Forbidden.
3.04.170 Severability.
3.04.180 Repeals.
3.04.030 Purpose.
To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee AdministrationState Board of EqualizatiOR in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the California Department of Tax and Fee AdministrationState Board „f Eg alizatien in administering and collecting the California State Sales and Use Taxes;
3.04.040 Operative Date.
prier therete this Gity shall GeRtraGt with the State Board of EqualizatiOR tO perform 24-552
funGtiens OnGident to the administratien and operation of this sales and use tax erdinanGe; previded, that Of this Gity shall not have GentraGted with the State Beard ef Equalizatiert prier to the operative date, it shall nevertheless se nentraGt and in c„Gh a Gate the GTCICI"V��JTIU'TTfT�i PGTZTT J��GVrfCTQ —C� �i CfTV
eperative date shall be the first day of the Galendar quarter following the exeGUtion of SuGh a reentrant by the Gity and by the State
3.04.050_ Sales Tax.
For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate of one percent of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the operative .dateJanuary 1, 1974.
3.04.060 Place of Sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of -State destination or to a common carrier for delivery to an out -of -State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to -be -prescribed and adopted by the California Department of Tax and Fee Administrationstate Bear
3.04.080 Adoption of Provisions of State Law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions ofPart T,ff D,viSiOR _the Cal. eveRue Rev. & Tax.and Taxatien Code, Division 2, Part 1.5, all of the provisions of Dort 1 of Di„icien 2 of the QeRue Cal.
Rev. & Tax. and Taxatien Code, Division 2, Part 1, are hereby adopted and made a part of this chapter as though fully set forth herein.
3.04.090 Limitations on Adoption of State Law.
In adopting the provisions of Cal. Rev. Tax. Code Division 2, Part 1 of Di„icien 2 of the C?e„en„e anal Taxation (Verde wherever the State is named or referred to as the taxing agency, the City eofewport BeaGh shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the California Department of Tax and Fee Administration State Beard ef Equaliz , the State Treasury, or the Constitution of the State of California; the substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Beard of EqualizatienCalifornia Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter; the substitution shall not be made in those 24-553
sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Cal. Rev. Tax. Code Division 2, Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that cGode; the substitution shall not be made in Cal.
Rev. Tax. Code Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation r; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Cal.
Rev. Tax. Code Section 6203 or in the definition of that phrase in Cal. Rev. Tax. Code Section 6203.
3.04.100 Permit Not Required.
If a seller's permit has been issued to a retailer under Cal Rev. & Tax. Code Section 6067 of the Revenue ant Taxation re�te' an additional seller's permit shall not be required by this chapter.
3.04.110 Exclusions and Exemptions - Measure of Tax.
B. The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal. Rev. & Tax Code Division 2, Part 1.5.,--ef Division 2 of the Revenue and Taxation rby any City and County, County or City, in this State shall be exempt from the tax due under the ordinance codified in this chapter.
3.04.140 Amendments.
All subsequent amendments of the Cal. Rev.enue &and Tax.a#1en Code which relate to the sales and use tax and which are not inconsistent with Cal Rev. & Tax. Code, Division 2 Part 1.5, of Division 2 of the Revenue and TaxatiGR G shall automatically become a part of this chapter.
3.04.150 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or this City, or against any officer of the State or this City, to prevent or enjoin the collection under this chapter or Cal. Rev. & Tax. Code, Division 2, -Part 1.5 of Division 2 of the Revenue and Taxation code of any tax or any amount of tax required to be collected.
z 0 160 oonaltmes
24-554
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I
24-555
Chapter 3.08
PROPERTY TAX
Sections:
4 0Q 0CIA Amount of Tax Levy.-
4 08 0Library Fund
a�-20 v-
3.08.01030 Property Tax Duties Transferred to County.
•• ••
e
• •
•• ��
r
Property Tax Duties Transferred to County.
Pursuant to provisions ofCal. • Code DivisionChapterAFtiGle Chapter 2, Division 1, Title 5, A-f the GeveMment Cede ef the State ef Galife the Ci officers of . •'County:
A. The assessment of property f•
B. The equalization and correction of the assessment of City taxes. 24-556
C. The collection, payment, and enforcement of the City taxes, including delinquent taxes.
D. The redemption of property from sale or other penalty for nonpayment of City taxes. 24-557
Chapter 3.16
UNIFORM TRANSIENT OCCUPANCY TAX
3.16.020 Definitions.
City CollectorFiRaRG8. • ■
iFeGtGF" shall mean tht
Finance Director of the City of Newport
..
Time -Share Interest. The term "time-share interest" shall mean either a time-share estate or a time-share use (as those terms are defined in Cal Bus. & Prof. Code Section 511212 of the B IoiRess and PFefeEiSieRS Code) and any similar form of ownership involving a right in perpetuity, for life, or for a term of years, to occupy any room, space or area in a time-share project.
Transient. The term "transient" shall mean any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive GaIeRdar days or less, counting portions Of GaIeRdar days as full days. Any individual occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired, and the tax imposed by this chapter shall be due upon all rent collected or accruing prior to the thirty-first consecutive day of occupancy unless occupancy extends to the thirty-first day or thereafter. The term "transient" shall not include any person who occupies any room, space or area in a time-share project pursuant to a time-share interest and without paying rent including: (A) a time-share owner; (B) a member of the family or guest of the time- share owner; (C) any person who is entitled to occupancy pursuant to any time-share exchange program, or any similar program; and (D) any person entitled to occupancy pursuant to any exchange or incentive program involving or sponsored by the operator of the time-share project.
3.16.050 Operator's Collection Duties.
E. If an operator fails to comply with subsection (A) of this section and also fails to obtain approval of a special package rate pursuant to subsection (C) of this section, the tax ("imputed rate") shall be the lesser of (1) the amount collected for the total special package or (2) an amount equal to the median average double occupancy room rate for the accommodations as posted in the room pursuant to the requirements of Cal. Civ.
Code Section 1863 of the Giyil Gordo (er any cL iGGesser seGtinn).
3.16.060 Registration of Hotel.
24-558
Within thirty (30) days after commencing business each operator of any hotel renting occupancy to transients shall register the hotel with the Finance Director and obtain a "transient occupancy registration certificate" to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued; and
D. The following statement:
Transient occupancy registration certificate signifies that the person named on the certificate has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance (Chapter 3.16 of thise Ne w pert BeaGh nn,,,,iG4aI Code) by registering with the Finance Director for the purpose of collecting the tax from transients and remitting the tax to the Finance Director. This certificate does not authorize any person to conduct any unlawful business, to conduct any lawful business in an unlawful manner or to operate a hotel without strictly complying with all local laws, including those requiring a permit from any board, commission, department or office of the City. This certificate does not constitute a permit.
3.16.080 Penalties and Interest.
A. Initial Penalty. Any operator who fails to collect and remit any tax imposed by this chapter within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax (initial penalty). The initial penalty may not be waived.
B. Second Penalty. Any operator who fails to collect and remit the tax and initial penalty on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent on both the amount of the tax and the initial penalty (second penalty). The second penalty may not be waived.
C. Interest. In addition to the penalties imposed, any operator who fails to collect and remit any tax imposed by this chapter shall pay interest on the amount of tax that is due and owing at the rate of one and one-half of „no nor^on+ (1 _-1 /2%) per month for each month or portion of a month that the tax remains unpaid exclusive of penalties.
D. Penalties Merged with Tax. For purposes of collection, every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid, provided, however, that penalties and interest due from an operator under this section are not merged with tax due from a transient.
E. In addition to the penalties and interest provided in this section, the operator shall reimburse City for City's costs in performance of an audit if, as a result of the audit, it is 24-559
determined there was any intentional misrepresentation by the operator with respect to the amount of transient occupancy tax due to the City or there is a five (5) percent459/63 or greater discrepancy between the amount of annual transient occupancy tax due to the City and the amount collected and remitted to the Citypa+d by the operator. Such reimbursement shall be paid by operator within thirty (30) days of the date City notifies operator in writing of the amount of City's costs.
3.16.090 Enforcement Proceedings —Appeal.
B. If the operator fails to timely appeal a determination by the Finance Director the determination shall be final and conclusive and the tax, interest and penalties shall become immediately due and payable by the operator and/or the violation shall be deemed established.
C. If the operator files a timely appeal of the determination, the Finance Director shall appoint a hearing officer and give the operator not less than fifteen (15) days' written notice of the hearing on the appeal. The operator shall have the right to present evidence relevant to the determination and the hearing shall be conducted in accordance with the general rules applicable to any administrative hearing. The hearing officer shall submit to the City Manager a transcript of the hearing together with recommended findings of fact and conclusions of law. The City Manager shall consider the material submitted by the hearing officer and render a decision within fifteen (15) days after submission. 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.
3.16.110 Records.
It shall be the duty of every operator liable for the collection and remittancepayment to the City of any tax imposed by this chapter to keep and preserve, for a period of not less than four years, all records necessary to determine the amount of tax the operator was required to collect and remitpay to the City. All retained records shall be subject to audit as provided in Section 3.16.070. The Finance Director shall have the right to inspect and/or audit these records at any time during normal business hours on twenty-four (24) hours' written notice. The records shall be maintained at the operator's premises or at a location convenient to the Finance Director. The records shall include at least the following:
A. Daily summaries of room occupancies;
B. A record of each occupancy charge for which exemption is claimed, the City provided form of exemption, if applicable, including the name of the individual occupying the room, dates of occupancy and reasons for exemption;
C. All qualifying rental agreements.
3.16.120 Refunds.
24-560
A. Claim Required. Whenever the amount of any tax, interest or penalty has been overpaid, paid more than once or has been erroneously or illegally collected or received by the City, the tax may be refunded as provided in subsections (B) and (C) of this section; provided, that a written claim for refund is filed with the Finance Director. The claim for refund must be filed within one 1 three years of the date of payment, be made on forms furnished by the Finance Director and be signed by the operator under penalty of perjury.
3.16.130 Tax Declared a Debt —Action to Collect.
Any tax required to be paid by any transient pursuant to this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator that has not been paid to the City, tax an operator has failed to collect, or penalty or interest due from an operator shall be deemed a debt owed by the operator to the City. Any person owing money to the City pursuant to this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.
24-561
3.16.140 Penalty for Violations.
NoARy operator or other person shallw#s willfully_ (A) fails or refuses to register as required by this chapter; (B) fails to make any return required by this chapter; (C) fails or refuses to furnish a supplemental return or other data required by the Finance Director; or (D) makes a false or fraudulent return or claim, is g lilt" of a misdemeaROF arm io ni Rishable as provided in Q8GtiE) R 'I .04.010.
24-562
Chapter 3.20
GASOLINE TAX
3.20.010 Fund Established.
There is created in the City Treasury a special fund to be known as the "Special Gas Tax Street Improvement Fund," for the purposes specified in Cal. Sts. & Hy. Code Division 1, Chapter 1, Article 5, Chapter 1 of Division 1 of the and Highways (de of State of California and all funds required by such law to be deposited in the special fund shall be deposited therein in compliance with the provisions of thise Code, and the disbursements and withdrawals from the fund shall be made only for the purposes and in the manner prescribed in thise Code.
24-563
Chapter 3.22
REAL PROPERTY TRANSFER TAX
Sections:
3.22.010 Short Title —Adoption Authority.
3.22.020 Tax Imposed.
3.22.030 Persons Liable for Tax.
3.22.040 Exemption —Security Instruments.
3.22.050 Exemption —Governmental Agencies.
3.22.060 Exemption —Insolvency or Bankruptcy.
3.22.070 Exemption —Orders of Securities and Exchange Commission.
3.22.080 Exemption —Certain Partnership Transfers.
3.22.085 Exemptions.
3.22.090 Administration.
3.22.100 Refunds.
3.22.010 Short Title —Adoption Authority.
This chapter shall be known as the "real property transfer tax ordinance of the City of Newport Beach." It is adopted pursuant to the authority contained in Cal. Rev. & Tax. Code Division 2, -Part 6.7 (commencing with Section 11901). ^f Division. 2 of the Revenue and Taxation Code of the State of California.
3.22.060 Exemption —Insolvency or Bankruptcy.
The tax imposed by this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:
A. Confirmed under the Federal Bankruptcy Act, as ameRd ; B. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision 11 U.S.C. (m�the 101205 of Title 11 ^f
United States Code, asamended;
C. Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision 11 U.S.C. Section 101 (3) of QeGti^e„ 5o6fTitle 11 of the United S-ta-tes Code,, ac.J-a-RT^e-TR"fd^ed; or
24-564
D. Whereby a mere change in identity, form or place of organization is effeEtedaffected.
Subsections (A) to (D), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five ayears from the date of such confirmation, approval., or change.
3.22.085 Exemptions.
A. Beneficiary or mortgagee taken in lieu of foreclosure. The tax imposed by this chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure.
Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on the deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes.
B. The transfer, division or allocation of property assets between spouses under judgment or dissolution of marriage, separation or agreement in contemplation or judgment or order.
1. The tax imposed by this chapter shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi -community, or quasi -marital property assets between spouses for the purpose of effecting a division of community, quasi -community, or quasi - marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the California Famil"Cal. Fam. Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order whether or not the written agreement is incorporated as part of any of those judgments or orders.
2. In order to qualify for the exemption provided in subdivision (1), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption.
3.22.090 Administration.
The County Recorder shall administer this chapter in conformity with the provisions of Cal. Rev. Tax. Code Division 2, Part 6.7., of Division 2 ref the Revenue and Taxation Cede being the Documentary Transfer Tax Act, and the provisions of any County ordinance adopted pursuant thereto.
Z 22 110 Operative Ilan
6.7 ef Dmvffismen 2 ef the Revenue and TaxatieR Code of the State ef California. if the County 24-565
24-566
HE�1 Tu CARE AND RECREATION
FACILITIES
REVENUE BOND ORDINANCE
Cectionc
Z 7L: 010 Short Title
3z6020 Purpose.
3.26.030 ;Ttm a ;--,-.-
3.26.040 PA\A,ers
3.26050 Bonds.
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32607A 1 :heraI ConstruGtien.
3..L6.080 Effect of nrniccion or
rit"
3.26 AAA Authority.
4 7L; 100 Provisions of this Ordonanre
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Chapter 3.27
MUNICIPAL FACILITIES REVENUE BOND CODE
11.27.030 Definitions.-_
"city Gee RGi1" meaRG the Gity GG RGII of the City.
"State" means the State of GalifnrRia
3.27.110 Repayment of Bonds.
Revenues, or any portion thereof, as designated in the resolution, trust agreement or indenture authorizing the issuance of the bonds, shall be the sole source of funds pledged by the City for repayment of bonds issued hereunder shall not be deemed to constitute a debt or liability of the City or a pledge of the faith and credit of the City but shall be payable solely from revenues.
All bonds shall contain on the face thereof a statement to the following effect:
Neither the faith and credit nor the taxing power of the City of Newport Beach are pledged to the payment of the principal of or interest on this bond.
The issuance of bonds shall not directly, indirectly or contingently obligate the City Council to levy or pledge any form of taxation or to make any appropriation for their payment.
3.27.170 Provisions of this Chapter are Complete, Additional and Alternative.
This chapter shall be deemed to provide a complete, additional and alternative method for doing the things authorized hereby, and shall be regarded as supplemental and additional to the powers conferred by other laws. The issuance of bonds under the provisions of this chapter need not comply with the requirements of any other law applicable to the issuance of bonds for an enterprise. The purposes authorized hereby may be effectuated and bonds are authorized to be issued for any such purposes under this chapter notwithstanding that any other law may provide for such purposes or for the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations or other provisions contained in any other law.
3.27.180 Judicial Validation Proceedings.
An action may be brought pursuant to Chapter 9 (commencing with Cal. Civ. Proc. T#e 10�-2, Section 860 of Title 10 of Dort 2 of the Code of Civil PreGed ire ) to determine the validity of bonds and the legality and validity of all proceedings previously taken and proposed to be taken for the authorization, issuance, sale, and delivery of the bonds and for the payment of the principal thereof and interest thereon.
3.27.190 Amendment of Chapter.
24-577
This chapter shall not be amended so as to have a material, adverse eaffect upon the rights of the owners of any outstanding bonds theretofore issued hereunder, without the written consent of such bond owners; provided, however, that this chapter may be amended at any time (a) To make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provisions herein contained, as the City may deem necessary or desirable; or (b) If such amendment does not materially impair or adversely affect the interests of any such bond owner in the opinion of the City Council; or (c) If such amendments apply solely to bonds not theretofore issued. 24-578
Chapter 3.28
VISITOR'S SERVICE FEE
3.28.005 Findings and Purpose.
E. Businesses that provide lodging for visitors will play a key role in dispensing information to visitors, and the guests of hotels, motels and inns will be the principal beneficiary es of the program;
3.28.010 Definitions.
City collectorF�TG8�or. The term "City collectorFm, , ;anTGe�or" shall mean the Finance Director of the City of Newport BeaGh or his or her designated representative.
Guest. The term "guest" shall mean any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive Galendar-days or less, counting portions of ra'riQle Rdar days as full days. Any individual occupying space in a hotel shall be deemed to be a guest until the period of thirty (30) days has expired, unless there is a qualifying rental agreement between the operator and the guest providing for a longer period of occupancy.
Time -Share Interest. The term "time-share interest" shall mean either a time-share estate or a time-share use (as those terms are defined in Cal. Bus. & Prof. Code Section 1121211003.5 of the B SORess and ❑FE48661eRS r,,.Jo) and any similar form of ownership involving a right in perpetuity, for life, or for a term of years, to occupy any room, space or area in a time-share project.
3.28.040 Reporting and Remitting, Collection.
The operator shall be required to collect, report and remit all fees paid pursuant to this chapter in the same manner as required by Section 3.16.070.
3.28.045 Penalties and Interest.
Any operator who fails to collect and remit any fee imposed by this chapter within the time required shall be required to pay penalties and interest in the same manner and amounts as provided in Section 3.16.080.
3.28.057 Payment Required.
No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of fees sought to be collected pursuant to this chapter. Payment of all fees, interest and penalties is a required condition precedent to seeking judicial review of any fee -liability under this chapter.
24-579
3.28.060 Duty of Successor of Operator.
A. If an operator who is liable for any fee or penalties under this chapter sells or otherwise disposes of the hotel operation, his/her successor shall notify the Finance Director of the date of sale at least thirty (30) days before the date of sale, or if the decision to sell was made less than thirty (30) days prior to the actual sale, then immediately and shall upon withhold a sufficient portion of the purchase price to equal the amount of any unpaid fees or penalty until the selling operator produces a receipt from the Finance Director showing that the fees or penaltyies haves been paid or a clearance certificate from the Finance Director stating that no fee or penalty is due. If the seller does not present a receipt or clearance certificate within thirty (30) days after such successor commences to conduct business, the successor shall deposit the withheld amount with the Finance Director pending settlement of the account of the seller.
3.28.070 Refunds.
A. Claim Required. Whenever the amount of any fee, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subsections (B) and (C) of this section; provided, that a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Finance Director within one 1 three years of the date of payment. The claim shall be on forms furnished by the Finance Director.
3.28.075 Notice.
Any notice required to be given pursuant to this chapter, shall be deemed given if personally served on the operator or the operator's representative, or if deposited in the 'meted States mail, first Glass postage prepaid, in the manner provided in Section
1.08.080 and addressed to the operator at the address shown on the transient occupancy registration certificate.
3.28.080 Fee Declared a Debt —Action to Collect.
Any fee collected by an operator pursuant to this chapter that has not been paid to the City, fee an operator has failed to collect, or penalty or interest due from an operator shall be deemed a debt owed by the operator to the City and the operator shall be liable in an action brought in the name of the City of Newport Beach for the recovery such amount of the unremitte d fees
3.28.085 Penalty for Violations.
NoAn-y operator or other person shallwho willfully_ (A) fails or refuses to register as required by this chapter; (B) fails to make any return required by this chapter; (C) fails or refuses to furnish a supplemental return or other data required by the Finance Director; or (D) makes a false or fraudulent return or claim, is guilty of a misdemeanor anrJ is PURishable as provided OR SeGti„n 1.04.010.
24-580
24-581
Chapter 3.30
AIR QUALITY IMPROVEMENT TRUST FUND
3.30.010 Findings.
D. Cities and counties have the opportunity to implement programs and projects that reduce air polluting emissions from mobile sources in order that the SCAB attain State and federal ambient air quality standards as required by the California Clean Air Act of 1988, Cal. Health &aPA Safety Code section 39000 et seq.
G. For cGities and cGounties located within the jurisdiction of the SCAQMD that comply with Section 44243 of the Cal. Health & andSaf.ety Code, forty cents ($.40) of every dollar collected under Cal. Health & Saf. Code Section 44223 of the Healthirrand -Saf ety
Code shall be distributed to the cGities and cGounties on the basis of the jurisdiction's prorated share of population as defined by the State Department of Finance.
H. Cities and cGounties that fail to adopt an oOrdinance pursuant to Cal. Health & Saf.
Code Section 44243(b) of the GalifGFRia Health- and-Safety Code shall have the fee revenues which would be distributed to that City or County distributed to the other cGities and cGounties within the jurisdiction of the SCAQMD which have adopted an ordinance pursuant to Section 44243(b) based on their prorated share of registered motor vehicles.
3.30.020 Intent.
The intent of this chapter is to establish a special fund to receive revenue distributed by the SCAQMD, to support the SCAQMD's imposition of the additional vehicle registration fee and to bring the City into compliance with the requirements set forth in Cal. Health & Saf. Code Section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing mobile source air pollution reduction programs.
3.30.030 Definitions.
A. "Gtly" shall mean the Git i of Newport BcQGh.
SA. "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan proposed pursuant to Cal. Health & Saf. Code ArtiGle 520Vic•ien 26 Dart 3Chan+er F�nGle 5, (GeMmenGing with Section 40460 et S�\ ef7hapT 5.5 of Dart 3 of the Galifemia Health and Safetyede BG. "Fee Administrator" shall mean the Finance Director of the City or FinanGe Director's designee
3.30.040 Administration.
E. Audits. The City consents to providing the findings of its annual independent audit for mobile source air pollution reduction programs and projects financed by the additional motor vehicle registration fee. The audit of those programs and projects shall be 24-582
conducted in accordance with the procedure established to fulfill the audit requirement under Cal. Health & Saf. Code Section 44244.1.ofthe Health and Code.
F. Appeals. The City shall have the right to appeal the findings and determinations made as a result of the SCAQMD audit procedure through the public hearing process described in Cal. Health & Saf. Code Section 44244.4�G)oftheTHealth and Safety . 24-583
Chapter 3.32
SPECIAL IMPROVEMENT DISTRICT FINANCING CODE
Sections:
3.32.010 Definitions.
Article I. Definitions
Article II. General Provisions
3.32.020 Short Title.
3.32.030 Municipal and State Affairs —Authority Conferred by Code — Applicability of Laws.
3.32.040 Conflicting Drovs_Seyerability
3.32.050 Actions or Determinations by Local Agency.
3.32.060 Establishment of Special Improvement District to Finance Certain Additional Services.
3.32.070 Additional Financing Powers of District —Purchase, Construction, Expansion, Improvement, Rehabilitation, or Planning and Design Work of Real or Tangible Property.
3. �080 Adjustments �On Ad VarlereProperty Taxes —Findings. 3 32.:�A�nrease�Ptal Annual Amount of Ad Prope
rty
Valorem Dcvenue
Due From Darnels Within Proposed District"���
3.32.100 Additional District Financing Powers.
3.32.110 Transfer of Funds —Use of Money —Interest.
3.32.120 Advances of Funds or Work In -kind —Acceptance by City Council — Use —Repayment —Agreement —Conditions.
3.32.130 Liberal Construction of Code —Error, Irregularity, Neglect or Omission.
3.32.140 Failure to Receive Notice, Resolution, Order, or Other Matter Not Affecting Proceedings.
3.32.150 Application of Code —Authority to Create Special Improvement Districts.
3.32.160 Special Ttax—Property Acquired by Public Entity Through Negotiated Transaction or by Gift or Device.
3.32.170 Special Tax —Special Assessment on Property Acquired by Public Entity Through Eminent Domain.
24-584
Article III. Proceedings to Create a Special Improvement District
3.32.180 Institution of Proceeding —Request —Petition —Fee.
3.32.190 Prohibition of LAFCO from Review, Approval or Disapproval of Creation of or Annexation or Detachment of Territory from a District.
3.32.200 Petition —Contents —Findings as to Requisite Number of Signers.
3.32.210 Resolution of Intention to Establish District —Time for Adoption.
3.32.220 Resolution of Intention to Establish Special Improvement District — Contents.
3.32.230 Reports and Estimate of Costs by Responsible Officers —Remedial Action Plan for Cleanup of Hazardous Substance —Inclusion in Record of Hearing.
3.32.240 Notice of Hearing.
3.32.250 Notice of Hearing by Mail to Registered Voters and Landowners Within Proposed District.
3.32.260 Protests —Interested Persons or Taxpayer.
3.32.270 Written Protest —Further Proceedings to Create District —Elimination of Special Tax or Types of Facilities or Services From Resolution of Formation.
3.32.280 Hearing —Continuances —Time Limitation —Exception —Modification of Resolution of Intention —Determination to Abandon or Proceed With Establishment of District.
3.32.290 Adoption of Resolution of Formation Establishing District —Contents — Finding Concerning Validity and Conformity of Prior Proceedings.
3.32.300 Special Tax —Basis for Apportionment.
3.32.310 Noncontiguous Areas —Alteration of Boundaries.
3.32.320 Establishment or Changing Appropriations Limit —Election on Proposition —Adjustment.
3.32.330 Special Tax Levy —Election —Voter Qualifications —Ballots.
3.32.340 Election Laws Governing —Ballot Materials.
3.32.350 Election by Mail Ballot.
3.32.360 Special Tax Levy.
3.32.370 Recordation and Notice of Special Tax Lien —Site of Record. 24-585
3.32.380 Application of California-m Streets and Highway Code With Respect to Special Taxes —Filings.
3.32.390 Special Tax Levy —Effect of Failure to Receive Approval by Two-thirds of Voters.
3.32.400 Owners Not Required to Present Sealed Proposals or Bids —Election Not to Perform Work —Contract With Original Bidder.
Article IV. Extension of Authorized Facilities and Services and Changes in Special Taxes
3.32.410 Types of Facilities and Services Financed.
3.32.420 Buyers of Certain Residential Property —Induced Waiver of Right to Petition or Take Other Action Prohibited.
3.32.430 Special Tax —Levy and Apportionment —Cessation of Tax and Lien.
3.32.440 Types of Facilities and Services Provided.
3.32.450 Resolution of Consideration —Change in Types of Facilities and Services Financed.
3.32.460 Resolution of Consideration to Make Changes in Facilities, Services or Special Taxes —Petition —Fee.
3.32.470 Petition to Make Specified Changes to Types of Public Facilities — Separate Instruments —Signatures.
3.32.480 Resolution of Consideration —Form.
3.32.490 Resolution of Intention to Make Changes in Facilities, Services or Special Taxes —Notice of Hearing.
3.32.500 Resolution of Intention to Make Changes in Facilities, Services or Special Taxes —Protests.
3.32.510 Written Protests Against Changes —Elimination From Resolution.
3.32.520 Hearing —Time —Abandonment of Proceeding or Submission of Question to Qualified Electors —Determination of Legal Effect of Proposed Levy or of Changes in Facilities and Services —Notice of Changes.
3.32.530 Dissolution of Special Improvement District —Findings —Dissolution of Liens.
Article V. Annexation of Territory
3.32.540 Authorization.
3.32.550 Adoption of Resolution of Intention.
24-586
3.32.560 Resolution of Intention —Contents.
3.32.570 Notice of Hearing.
3.32.580 Protests.
3.32.590 Abandonment of Proposal —Required Number of Written Protests.
3.32.600 Continuance and Duration of Hearing —Abandonment of Proceedings — Submission of Special Tax Question to Electors —Annexation of Territory — Effectiveness of Ballots Contingent on Passage of Other Ballot Measures.
3.32.610 Addition of Territory With Full Legal Effect —Special Tax Levy.
3.32.620 Failure to Receive Approval of Two-thirds of Voters —Prohibition of Further Action.
Article VI. Procedures for Levying
3.32.630 Ordinance —Tax Rate and Apportionment —Exemption of Governmental Properties and Entities From Special Tax —Use of Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure Levy of Special Taxes.
3.32.640 Preparation of Current Roll of Special Tax Levy Obligations — Designation of Responsible Office —Estimation of Future Special Tax Levies — Liability for Inaccurate Estimates —Notice of Special Tax —Form.
3.32.650 Actions or Proceedings to Attack, Review, Set Aside, Void, or Annul Levy of Special Tax or Increase in Special Tax —Time for Commencement —Time for Perfection of Appeal From Final Judgment.
3.32.660 Sale or Lease of Lot, Parcel or Unit of Subdivision —Notice of Special Tax —Form —Termination of Agreement —Violations and Penalties.
3.32.670 Manner of Fixing and Collecting Charges.
3.32.680 Use of Charges for Authorized Facilities and Services.
3.32.690 Prepayment and Satisfaction of Special Tax Lien —Notice of Cancellation of Lien.
Article VII. Bonds
3.32.700 Resolution to Incur Bonded Indebtedness.
3.32.710 Inclusion of Certain Costs and Estimated Costs in Proposed Bonded Indebtedness.
3.32.720 Notice of Hearing on Resolution.
3.32.730 Hearing —Proceeding With.
24-587
3.32.740 Hearing —Interested Persons.
3.32.750 Improvement Area —Resolution Designating —Application of Proceedings.
3.32.760 Resolution —Bonded Indebtedness.
3.32.770 Resolution to Incur Bonded Indebtedness —Notice of Election — Publication.
3.32.780 Ballot Propositions.
3.32.790 Separate Ballots.
3.32.800 Revenue Anticipation Bonds —Votes Required for Issuance.
3.32.810 Resolution Relating to Form, Execution and Issuance of Bonds.
3.32.820 Action to Foreclose Liens —Cumulative Remedy —Resolution to Diligently Pursue Foreclosure Action —Collection of Delinquent Charges.
3.32.830 Credit to Tax Collector on Current Tax Roll of Amount Foreclosed — Responsibility for Amounts Not Foreclosed —Costs of Removing Sums From Tax Roll.
3.32.840 Dismissal of Action Before Judgment in Foreclosure Action —Payment of Specified Amounts.
3.32.850 Complainant and Time for Bringing Foreclosure Action —Contents of Complaint.
3.32.860 Judgment Decree—Contents—Amount—Attorney's Fees —Application of General Foreclosure Provisions.
3.32.870 Price of Property Sold.
3.32.880 Computation Errors —Validity of Special Tax Installment, Interest or Penalty.
3.32.890 Signatures on Bonds or Coupons —Place Bonds Are Payable.
3.32.900 Special Tax or Charge for Outstanding Bonded Debt.
3.32.910 Action to Determine Validity of Bonds or Special Tax Levy.
3.32.920 Sale of Bonds —Bids and Bidding.
3.32.930 Variable Interest Rate.
3.32.940 Force, Value and Use of Bonds —Exemption From State Taxation.
3.32.950 Refunding Bonds —Resolution.
3.32.960 Limitation on Issuance of Refunding Bonds —Principal Amount of Refunding Bonds.
3.32.970 Reduction of Bonded Indebtedness by Amount of Issued Refunding Bonds.
3.32.980 Refunding Bonds —Issuance Without Repetition of Procedures Required for Approval of Original Bond Issue.
3.32.990 Refunding Bonds —Resolution for Issuance.
3.32.1000 Refunding Bonds —Exchange or Sale.
3.32.1010 Amount of Proceeds and Investments in Funding Fund.
3.32.1020 Refunding Bonds —Use of Savings —Reduction of Tax Levy.
3.32.1030 Callable Bonds.
3.32.1040 Borrowing Money in Anticipation of Sale of Bonds —Issuance of Negotiable Bond Anticipation Notes —Renewal of Notes.
3.32.010 Definitions.
Unless the context otherwise requires, the definitions contained in this awe section shall govern the construction of this Gedechapter.
A. "Gity" mTeaRS-t�h-e Cit�Ne BeaGh GaliforRio
B. "Clerk" the Gity (Mork of the City
SA. "Cost" means the expense of constructing or purchasing the public facility and of related land, right-of-way, easements, including incidental expenses, and the cost of providing authorized services, including incidental expenses.
BD. "Debt" means any binding obligation to pay or repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts.
C€. "Incidental expense" includes all of the following
1. The cost of planning and designing public facilities to be financed pursuant to this Code, including the cost of environmental evaluations of those facilities.
2. The costs associated with the creation of the special improvement district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the special improvement district.
24-589
3. Any other expenses incidental to the construction, completion, and inspection of the authorized work.
DF. "Landowner" or "owner of land" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of the land by the City. The City Council has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final and conclusive for the purposes of this Code. A public agency is not a landowner or owner of land for purposes of this Code.
EG. "Legislative body" means the legislative body or governing board of any local agency.
FH. "Local agency" means any gGity or ccounty, whether general law or chartered, special district, school district, joint powers entity created pursuant to Cal. Gov. Code, Title 1, Division 7, Chapter 5 (Gnmmnn^i„n with Section 6500 et seq.` of Diliicinn 7 of Title 1 of the Galifnrnia GOVeFRMeRt Cede, or any other municipal corporation, district, or political subdivision of the State.
Gf. "Rate" means a single rate of tax or a schedule of rates.
HJ. "Services" means the provision of police and fire protection services, recreation programs, library services, operation and maintenance of museums and cultural facilities, the operation and maintenance of parks and parkways, and the provision of flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems. "Services" includes the performance by employees of functions, operations, maintenance, and repair activities.
IK. "Special improvement district" means a legally constituted governmental entity established pursuant to this Code for the sole purpose of financing facilities and services.
3.32.030 Municipal and State Affairs —Authority Conferred by Code —Applicability of Laws.
This Code is adopted pursuant to SeGtinn 200 of +hn City Charter Section 200nf the of "lewpert BeaGh. In proceedings had pursuant to this Code which are a municipal affair, any general laws referred to in this Code are deemed a part of this Code.
In the event that any proceeding had pursuant to this Code shall be adjudged a matter of statewide concernState affair, it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws.
This Code provides an alternative method of financing certain public capital facilities and services. The provisions of this Code shall not affect or limit any other provisions of law authorizing or providing for the furnishing of governmental facilities or services or the raising of revenue for these purposes. The City may use the provisions of this Code instead of any other method of financing part or all of the cost of providing the authorized kinds of capital facilities and services.
24-590
3 32 I AA Conflicting g Pr�Toj Ceyerability
ARY PPE)VOGOE)R OR this Gede whiGh GGRfIiGtG with aRY gGReFal law GF aGt shall pFevail ever the other SYGh PFGViGieR OR GORRGGtieR with aRY pFeG8ediRgS takeR PUPSYaRt to this Cede, In the event any portion of this Code shall ho rlo��ed ill gonfornoahlo or rr� �P crorrvnrtro�wv��anurr��crc ca—nT �''"" , ''"" �. �. crnvrccunr�vr unGORstitutienalSUGh provision shall be deerned severable frern the rest of the preViSIORS e
of this Goile.
3.32.060 Establishment of Special Improvement District to Finance Certain Additional Services.
F. Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. As used in this subdivision, the terms "remedial action" and "removal" shall have the meanings set forth in Cal. Health & Saf. Code Sections 25322 and 25323, respectively, ofthe —Calif�ia Health and Safety r, and the term "hazardous substance" shall have the meaning set forth in Cal. Health & Saf.et-Y Code Section 25281ef the California Health and Saf Code. Special improvement districts shall provide the State Department of Health Services and local health and building departments with notification of any cleanup activity pursuant to this subdivision at least thirty (30) days prior to commencement of the activity.
3.32.070 Additional Financing Powers of District —Purchase, Construction, Expansion, Improvement, Rehabilitation, or Planning and Design Work of Real or Tangible Property.
D. The district may also finance the construction or undergrounding of water transmission and distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the transmission or distribution of electrical energy, and cable television lines.
The district may enter into an agreement with a public utility to utilize those facilities to provide a particular service and for the conveyance of those facilities to the public utility. "Public utility" shall include all utilities, whether public and regulated by the Public Utilities Commission, or municipal. If the facilities are conveyed to the public utility, the agreement shall provide that the cost or a portion of the cost of the facilities that are the responsibility of the utility shall be refunded by the public utility to the district or improvement area thereof, to the extent that refunds are applicable pursuant to:; (1) the Cal. Pub.lie Util.+ties Code or rules of the Public Utilities Commission, as to utilities regulated by the commission; or (2) other laws regulating public utilities. Any reimbursement made to the district shall be utilized to reduce or minimize the special tax levied within the district or improvement area, or to construct or acquire additional facilities within the district or improvement area, as specified in the resolution of formation.
H. 1. A district may also pay for the following:
a. Work deemed necessary to bring buildings or real property, including privately owned buildings or real property, into compliance with seismic 24-591
safety standards or regulations. No project involving the dismantling of an existing building and its replacement by a new building, nor the construction of a new or substantially new building may be financed pursuant to subsection (1-1)(1)(a) of this section. Work on qualified historical buildings or structures shall be done in accordance with the State Historical Building Code (Cal. Health & Saf. Code Division 13, Part 2.7L (^^mmonninn with Section 18950 et seg ` ^T Of DiViSiOR 13 Of the Galif^rnia Health and Safety i
b. In addition, within any County or area designated by the President of the United States or by the Governor as a disaster area or for which the Governor has proclaimed the existence of a state of emergency because of earthquake damage, a district may also pay for any work deemed necessary to repair any damage to real property directly or indirectly caused by the occurrence of an earthquake cited in the President's or the Governor's designation or proclamation, or by aftershocks associated with that earthquake, including work to reconstruct, repair, shore up, or replace any building damaged or destroyed by the earthquake. Work may be financed pursuant to this subsection (H)(1)(b) of seGtieR only on property or buildings identified in a resolution of intention to establish a special improvement district adopted within seven Myears of the date on which the County or area is designated as a disaster area by the President or by the Governor or on which the Governor proclaims for the area the existence of a state of emergency.
2. Work on privately owned property, including reconstruction or replacement of privately owned buildings pursuant to subsection (H)(1)(b) of this section, may be financed by a tax levy only if all of the votes cast on the question of levying the tax, „favor of -levying the tax, or with the prior written consent to the tax of the owners of all property which may be subject to the tax, in which case the prior written consent shall be deemed to constitute a vote in favor of the tax and any associated bond issue. Any district created to finance seismic safety work on privately owned buildings, including repair, reconstruction or replacement of privately owned buildings pursuant to this subsection (H) of this s^Gti^n, shall consist only of lots or parcels ORwhiGhthat the City Council finds were the sites of buildings damaged or destroyed by an earthquake cited in the President's or the Governor's designation or proclamationthat the buildings to be worked on, repaired, reGennStFUGt Ica, or a. A district may also pay for the following:
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i. Work deemed necessary to repair and abate damage caused to privately owned buildings and structures by soil deterioration. "Soil deterioration" means a chemical reaction by soils that causes structural damage or defects in construction materials including concrete, steel, and ductile or cast iron. No project involving the dismantling of an existing building or structure and its replacement by a new building or structure, nor the construction of a new or substantially new building or structure may be financed pursuant to this subsection (a)(i) of this SeGt4'„r.
ii. Work on privately owned buildings and structures pursuant to this subsection (a) of this so , including reconstruction, repair, and abatement of damage caused by soil deterioration, may only be financed by a tax levy if all of the votes cast on the question of levying the tax vote of -levying the tax. Any district created to finance the work on privately owned buildings or structures, including reconstruction, repair, and abatement of damage caused by soil deterioration, shall consist only of lots or parcels OR hthat the City Council finds that the buildings OF StFUGtUres to be worked on pursuant to this seGti n suffer from soil deterioration. 1 PT 1 . .
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formation for the speGial improvement diStFiGt is adopted, or after a later date determined by the City GeunGil with the GenGurrenGe of the legislative body whiGh levied the property tax in question
B. The Gity GeunGii may, by erdiRaRGe, with the GE)RGUrrenGe ef the legislative body that GPE?Gial tax OF PGFtiE)R thereof levied OR the paFGe'S OR qWeGtiE)R te pay for the Gapital n n II Ivvr,c cccd
3.32.100 Additional District Financing Powers.
Pursuant to Section 3.32.070, a special improvement district may also finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for the purposes described in S, �hn { } of Section 3.32.060(F).
3.32.120 Advances of Funds or Work In -kind —Acceptance by City Council — Use —Repayment —Agreement —Conditions.
A. At any time either before or after the formation of the district, the City Council may accept advances of funds or work in -kind from any source, including, but not limited to, private persons or private entities and may provide by resolution; for the use of those funds or that work in -kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating then special improvement district. The City Council may enter into an agreement, by resolution, with the person or entity advancing the funds or work in -kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work in -kind, as determined by the City Council, with or without interest, under all of the following conditions:
1. The proposal to repay the funds or the value or cost of the work in -kind, whichever is less, is included in the resolution of intention to establish then district or in the resolution of formation to establish the district, or in the resolution of consideration to alter the types of public facilities and services provided within an established district.
2. Any proposed special tax or change in a special tax is approved by the qualified electors of the district pursuant to_ this Code. Any agreement shall specify that if the qualified electors of the district do not approve the proposed special tax or change in a special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds.
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3. Any work in -kind accepted pursuant to this section shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the local agency.
3.32.170 Special Tax —Special Assessment on Property Acquired by Public Entity Through Eminent Domain.
If property subject to a special tax levied pursuant to this Code is acquired by a public entity through eminent domain proceedings, the obligation to pay the special tax shall be treated, pursuant to Cal. Civ. Proc. Code Section 1265.250 of the California Gede of Givil PreGedure, as if it were a special annual assessment. For this purpose, the present value of the obligation to pay a special tax to pay the principal and interest on any indebtedness incurred by the district prior to the date of apportionment determined pursuant to Cal. Civ.
Proc. Code Section 5082 of the Galif^r„ia QeveRue and TaxatiOR ('rir:o shall be treated the same as a fixed lien special assessment.
3.32.190 Prohibition of LAFCO From Review, Approval or Disapproval of Creation of or Annexation or Detachment of Territory from a District.
Notwithstanding any provision of Cal. Gov. Code, Title 5, Division 3, Part 1., (GemmeRGin,. w+tk�Section 56000 et seq. r,f ni„isoon 3 of the—Galifer„ia rr.,,,oMmeRt de a local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a special improvement district or a proposal to annex territory to, or detach territory from, such district, pursuant to this Code.
3.32.220 Resolution of Intention to Establish Special Improvement District — Contents.
Proceedings for the establishment of a special improvement district shall be instituted by the adoption of a resolution of intention to establish the district., which shall do all of the following:
A. State that a special improvement district is proposed to be established under the terms of this Code and describe the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the Clerk, showing the proposed special improvement district. The boundaries of the territory proposed for inclusion in the district shall include the entirety of any parcel subject to taxation by the proposed district.
B. State the name proposed for the district in substantially the following form: "City of Newport Beach Special Improvement District No. "
C. Describe the public facilities and services proposed to be financed by the district pursuant to this Code. The description may be general and may include alternatives and options, but it shall be sufficiently informative to allow a taxpayer within the district to understand what the funds of the district may be used to finance. If the purchase of completed public facilities or the incurring of incidental expenses is proposed, the 24-595
resolution shall identify those facilities or expenses. If facilities are proposed to be financed through any financing plan, including, but not limited to, any lease, lease - purchase, or installment -purchase arrangement, the resolution shall briefly describe the proposed arrangement.
D. State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities and services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within the districtarea. The resolution shall specify the rate, method of apportionment, and manner of collection of the special tax in sufficient detail to allow each landowner or resident within the proposed district to estimate the maximum amount that he or she will have to pay. The City Council may specify conditions under which the obligation to pay the specified special tax may be prepaid and permanently satisfied.
In the case of any special tax to pay for public facilities and to be levied against any parcel used for private residential purposes, (1) the maximum special tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes, which amount shall not be increased over time except that it may be increased by an amount not to exceed by more than two percent per year, (2) the resolution shall specify a tax year after which no further special tax subject to this sentence shall be levied or collected, and the resolution shall specify that under no circumstances will the special tax levied against any parcel subject to this sentence be increased by more than ten 10 percent- as a consequence of delinquency or default by the owner of any other parcel or parcels within the district by more than tor, peFG r,+. For purposes of this subsection (D) of this seGtien a parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit for private residential use is issued.
Nothing in this subsection is intended to prohibit the City Council from establishing different tax rates for different categories of residential property, or from changing the dollar amount of the special tax for at#e parcel if the size of the residence is increased or if the size or use of the parcel is changed.
E. Fix a time and place for a public hearing on the establishment of the district which shall not be less than thirty (30) or more than sixty (60) days after the adoption of the resolution.
FG. Describe the proposed voting procedure
3.32.230 Reports and Estimate of Costs by Responsible Officers —Remedial Action Plan for Cleanup of Hazardous Substance —Inclusion in Record of Hearing.
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At the time of the adoption of the resolution of intention to establish a special improvement district, the City Council shall direct each of its officers who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to adequately meet the needs of the district and his or her estimate of the cost of providing those public facilities and services. If the purchase of completed public facilities or the payment of incidental expenses is proposed, the City Council shall direct its appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. If removal or remedial action for the cleanup of any hazardous substance is proposed, the City Council shall (1) direct its responsible officer to prepare or cause to be prepared, a remedial action plan based upon factors comparable to those described in Cal. Health & Saf. Code Section 25356.1 subdivision (de) of ection 25356.1 of the California Health and Safety Code or (2) determine, on the basis of the particular facts and circumstances, which shall be comparable to those described in Cal. Health & Saf. Code Section 25356.1 subdivision (hg)(3) of SeGtiC)R356.1 of the GaliferRia Health and Safetyc, that the remedial action is not required. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district.
3.32.240 Notice of Hearing.
A. The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code Sections 6060 and 6061 of the California Government Code in a newspaper of general circulation published in the area of the proposed district. Publication shall be complete at least seven days prior to the date of the hearing.
3.32.270 Written Protest —Further Proceedings to Create District —Elimination of Special Tax or Types of Facilities or Services From Resolution of Formation.
If fifty (50) percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, or the owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to create the specified special improvement district or to levy the specified special tax shall be taken for a period of one year from the date of the decision of the City Council.
If the majority protests of the registered voters or of the landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation, but the formation may otherwise proceed.
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3.32.290 Adoption of Resolution of Formation Establishing District —Contents — Finding Concerning Validity and Conformity of Prior Proceedings.
A. If the City Council determines to establish the district, it shall adopt a resolution of formation establishing the district.
The resolution of formation shall contain all of the information required to be included in the resolution of intention to establish the district specified in Section 3.32.220. If a special tax is proposed to be levied in the district to pay for any facilities or services and the special tax has not been eliminated by majority protest pursuant to Section 3.32.270, the resolution shall:
1. State that the proposed special tax to be levied within the district has not been precluded by majority protest pursuant to Section 3.32.270.
2. Identify any facilities or services proposed to be funded with the special tax.
3. Set forth the name, address, and telephone number of the office, department, or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 3.32.640.
4. State that upon recordation of a notice of special tax lien pursuant to Cal. Sts. & Hy. Code Section 3114.5ofthe —f aIifer„ia Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the district and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases.
5. Set forth the County of Recordation and the book and page in the Book of Maps of Assessments and Community Facilities Districts in the County Recorder's office where the boundary map of the proposed special improvement district has been recorded pursuant to Cal. Sts. & Hy. Code Sections 3111 and 3113_of the GaInfernia Streets and Highways Cede.
3.32.320 Establishment or Changing Appropriations Limit —Election on Proposition —Adjustment.
The City Council may submit a proposition to establish or change the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of a special improvement district to the qualified electors of a proposed or established district. The proposition establishing or changing the appropriations limit shall become effective if approved by the qualified electors voting on the proposition and shall be adjusted for changes in the cost of living and changes in populations, as defined by Cal.
Gov. Code Section 7901 subdivisions (b) and (c) of SeG inn 7901 of the Gali.�uir vrrrnrfa Revenue and Taxation Gede, except that the change in population may be estimated by the City Council in the absence of an estimate by the Department of Finance, and in 24-598
accordance with Section 1 of Article XI II B of the California Constitution. For purposes of adjusting for changes in population, the population of the district shall be deemed to be at least one person during each calendar year.
3.32.330 Special Tax Levy —Election —Voter Qualifications —Ballots.
A. The City Council shall then submit the levy of any special taxes to the qualified electors of the proposed special improvement district subject to the levy or to the qualified electors of the territory to be annexed by the special improvement district subject to the levy in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates, contained in the California- Cal. Elec.tmens Code, at least ninety (90) days, but not more than one hundred eighty (180) days, following the adoption of the resolution of formation.
The City Council shall provide the resolution of formation, a certified map of sufficient scale and clarity to show the boundaries of the district, and a sufficient description to allow the election official to determine the boundaries of the district to the official conducting the election within three LILbusiness days after the adoption of the resolution of formation.
Assessor's parcel numbers for the land within the district shall be included if it is a landowner election or the district does not conform to an existing district's boundaries and if requested by the official conducting the election. If the election is to be held less than one hundred twenty-five (125) days following the adoption of the resolution of formation, the concurrence of the election official conducting the election shall be required. However, any time limit specified by this section or requirement pertaining to the conduct of the election, including any time limit or requirement applicable to any election conducted pursuant to Article VI of this chapter, may be waived with the unanimous consent of the qualified electors of the proposed district and the concurrence of the election official conducting the election.
3.32.340 Election Laws Governing —Ballot Materials.
A. Except as otherwise provided in this Code, the provisions of law regulating elections of the City, insofar as they may be applicable, shall govern all elections conducted pursuant to this Code. Except as provided in subsection (B) of this section, there shall be prepared and included in the ballot material provided to each voter, an impartial analysis pursuant to Cal. Elec. Code Section 9280 5011 of the_ California Elec;tiens Cede, and arguments and rebuttals, if any, pursuant to Cal. Elec. Code Sections 92815012 to 92875016, ORGIUSOVe, and 5025 of to GalifOrnia GG- eGtnenCtrs Go
3.32.370 Recordation and Notice of Special Tax Lien —Site of Record.
Upon a determination by the City Council that the requisite two-thirds of votes cast in an election held pursuant to Section 3.32.330 are in favor of levying the special tax, the Clerk shall record the notice of special tax lien provided for in Cal. Sts. & Hy. Code Section 3114.5 efvf the California Streets and Highways Code —,whereupon the lien of the special tax shall attach as provided in Cal. Sts. & Hy. Code Section 3115.5. of the California 24-599
Streets and Highways Code. The notice of special tax lien shall be recorded in the office of the County Recorder in each County in which any portion of the district is located.
3.32.380 Application of California Streets and Highway Code With Respect to Special Taxes —Filings.
Division 4.5 (GOrnmenGing with SeGtien 3100) of the California Streets and High Cal.
Sts. & Hy. Code section 3100 et seq. applies with respect to any proceedings undertaken pursuant to this Code. This Code is a "principal act" as that term is defined in Cal. Sts. & Hy. Code Section 3100ofthe California Streets and Highways Code
3.32.520 Hearing —Time —Abandonment of Proceeding or Submission of Question to Qualified Electors —Determination of Legal Effect of Proposed Levy or of Changes in Facilities and Services —Notice of Changes.
C. Upon adoption of a resolution of change, the Clerk shall record notice of the changes pursuant to Cal. Sts. & Hy. Code Section 3117.5 of the California Streets anal Highways Cede.
3.32.530 Dissolution of Special Improvement District —Findings —Dissolution of Liens.
B. That the district has no authorization to levy any special tax. Upon dissolving a district, the City Council shall cause an addendum to be recorded to the notice of special tax lien recorded pursuant to Cal Sts & Hy. Code Section 3114.5 nfthe GalifOrnia Streetsd Highway GGde which shall state that the special improvement district and all associated liens, if any, have been dissolved.
3.32.550 Adoption of Resolution of Intention.
If the City Council determines that public convenience and necessity require that territory be added to an existing special improvement district, or if the voters residing within certain territory or Downers of land there request the City Council to include territory within the district, the City Council may adopt a resolution of intention to annex the territory or to provide for future annexation of the territory.
3.32.600 Continuance and Duration of Hearing —Abandonment of Proceedings — Submission of Special Tax Question to Electors —Annexation of Territory — Effectiveness of Ballots Contingent on Passage of Other Ballot Measures.
A. The hearing may be continued from time to time, but shall be completed within thirty (30) days, provided that the City Council may extend that time up to six (6) months if it determines that it is in the public interest to do so. At the conclusion of the hearing, the City Council may abandon the proceedings, or may, after passing upon all protests, submit the question of levying a special tax within the area proposed to be annexed to the existing special improvement district to the qualified electors of the area proposed to be annexed as specified in Article II I of this chapter, or may provide for the annexation of territory proposed for annexation in the future upon the unanimous approval of the owner 24-600
or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings.
B. Notwithstanding any other provision of law, when the question of levying a special tax within the areas proposed to be annexed into an existing special improvement district appears on the same ballot as the question of annexation of the same territory to a school district, the effectiveness of each ballot measure may be made contingent on the passage of the other ballot measure.
3.32.610 Addition of Territory With Full Legal Effect —Special Tax Levy.
A. After the canvass of returns of any election conducted in accordance with Section
3.32.600, the City Council body -shall determine that the area proposed to be annexed is added to and part of the existing special improvement district with full legal effect, and the City Council may levy any special tax within the annexed territory, as specified in the resolution of intention to annex adopted pursuant to Section 3.32.550, if two-thirds of the votes cast on the proposition are in favor of levying the special tax.
B. Upon a determination by the City Council that the area proposed to be annexed is added to the existing special improvement district, the Clerk shall record notice of the annexation pursuant to Cal. Sts. & Hy. Code Section 3117.5efthe califOrnia Streets d Highways Code.
3.32.630 Ordinance —Tax Rate and Apportionment —Exemption of Governmental Properties and Entities From Special Tax —Use of Tax Proceeds —Tax Collection, Penalties, etc. —Lien to Secure Levy of Special Taxes.
After a special improvement district has been created and authorized to levy specified special taxes pursuant to Article III, Article IV, or Article V of this chapter, the City Council may, by ordinance, levy the special taxes at the rate and apportion them in the manner specified in the resolution adopted pursuant to Article III, Article IV, or Article V of this chapter. The City Council may provide, by resolution, for the levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the Clerk or other official designated by the City Council with the County Auditor on or before the 10th day of August of that tax year. The Clerk or other official designated by the City Council may file the certified list after the 10th of August but not later than the 21 st of August if the Clerk or other official obtains prior written consent of the County Auditor. Properties or entities of the State, federal, or other local governments shall, except as otherwise provided in Section 3.32.160, be exempt from the special tax. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the resolution of formation to establish a district adopted pursuant to Section 3.32.290 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 3.32.480. The proceeds of any special tax may 24-601
only be used to pay, in whole or part, the cost of providing public facilities, services, and incidental expenses pursuant to this Code. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedures, sale, and lien priority in case of delinquency as is provided for ad valorem taxes, unless another procedure has been authorized in the resolution of formation establishing the district and adopted by the City Council. The tax collector may collect the special tax at intervals as specified in the resolution of formation, including intervals different from the intervals at which the ordinary ad valorem property taxes are collected. The tax collector may deduct the reasonable administrative costs incurred in collecting the special tax.
All special taxes levied by a special improvement district shall be secured by the lien imposed pursuant to Cal. Sts. & Hy. Code Section 3115.5 of the Calif^r„ia Streets a Highways Code. This lien shall be a continuing lien and shall secure each levy of special taxes. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with Section
3.32.690 or until the special tax ceases to be levied by the City Council in the manner provided in Section 3.32.430. If any portion of a parcel is encumbered by a lien pursuant to this Code, the entirety of the parcel shall be encumbered by that lien.
3.32.640 Preparation of Current Roll of Special Tax Levy Obligations — Designation of Responsible Office —Estimation of Future Special Tax Levies — Liability for Inaccurate Estimates —Notice of Special Tax —Form.
A. The City Council shall designate an office, department, or bureau of the City which shall be responsible for annually preparing the current roll of special tax levy obligations., by assessor's parcel number., on nonexempt property within the district and which will be responsible for estimating future special tax levies.
The designated office, department, or bureau shall establish procedures to promptly respond to inquiries concerning current and future estimated tax liability. Neither the designated office, department, or bureau, nor the City Council, shall be liable if any estimate of future tax liability is inaccurate, nor for any failure of any seller to request a notice of special tax or to provide the notice to a buyer.
B. For purposes of enabling sellers of real property subject to the levy of special taxes to satisfy the notice requirements of Cal. Civ. Code Section 1102.6a, subdivision (b)., of SeGti„n 1102.6 of the Calif9rnia civil Code, the designated office, department, or bureau shall furnish a notice of special tax to any individual requesting the notice or any owner of property subject to a special tax levied by the City within five (5) businessg days of receiving a request for such notice. The City may charge a reasonable fee for this service not to exceed ten dollars ($10.00).
C. 1. The notice shall contain the heading "NOTICE OF SPECIAL TAX" in4ype no smaller than eight -point type, and shall be in substantially the following form. The form may be modified as needed to clearly and accurately consolidate information about the 24-602
tax structure and other characteristics of two or more districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit. The notice shall be completed by the designated office, department, or bureau except for the signatures and date of signing:
NOTICE OF SPECIAL TAX
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. COUNTY OF ORANGE,
CALIFORNIA
TO: THE PROSPECTIVE -PURCHASER OF THE REAL PROPERTY KNOWN AS:
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR PURCHASING THIS PROPERTY.
This property is subject to a special tax, which is in addition to the regular property taxes and any other charges and benefit assessments on the parcel. This special tax may not be imposed on all parcels within the City of Newport Beach. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property.
YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES
AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
2. The maximum special tax which may be levied against this parcel to pay for public facilities is $ during the - tax year. This amount will increase by percent per year after that (if applicable). The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the tax year.
An additional special tax will be used to pay for ongoing services, if applicable. The maximum amount of this tax is dollars ($ ) during the - tax year. This amount may increase by cif applicable), and may be levied until the - tax year (or forever, as applicable.)
3. The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are:
(identify the facilities]
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services:
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YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH
AUTHORIZED CREATION OF THE SPECIAL IMPROVEMENT DISTRICT, AND
WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED
AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY OF NEWPORT BEACH BY CALLING (telephone number). THERE MAY BE A
CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE ESTIMATED REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE RECEIVED A COPY OF THIS NOTICE. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO
PURCHASE OR DEPOSIT RECEIPTAFTER RECEIVING THIS NOTICE FROM THE OWNER OR AGENT SELLING THE PROPERTY. THE CONTRACT MAY BE
TERMINATED WITHIN THREE DAYS IF THE NOTICE WAS RECEIVED IN PERSON
OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING
WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER OR AGENT SELLING THE PROPERTY.
0L',19:1
3.32.660 Sale or Lease of Lot, Parcel or Unit of Subdivision —Notice of Special Tax —Form —Termination of Agreement —Violations and Penalties.
A. If a lot or parcel, or unit of a subdivision is subject to a special tax levied pursuant to this Code, the subdivider, his or her agent, or representative, shall not sell, or lease for a term exceeding five years, or permit a prospective purchaser or lessor to sign a contract of purchase or a deposit receipt or any substantially equivalent document in the event of a lease with respect to the lot, parcel, or unit, or cause it to be sold or leased for a term exceeding five years, until the prospective purchaser or lessee of the lot, parcel, or unit has been furnished with and has signed a written notice as provided in this section.
The notice shall contain the heading "NOTICE OF SPECIAL TAX" in4yf�e no smaller than 8-point type, and shall be in substantially the following form, although the form may be modified as needed to clearly and accurately consolidate information about the tax structure and other characteristics of two or more districts that levy or are authorized to levy special taxes with respect to the lot, parcel, or unit:
NOTICE OF SPECIAL TAX
CITY OF NEWPORT BEACH
SPECIAL IMPROVEMENT DISTRICT NO. COUNTY OF ORANGE,
CALIFORNIA
TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS:
address of parcel number
24-604
THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS
NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE.
1. This property is subject to a special tax, which is in addition to the regular property taxes and any other charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property.
YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE PUBLIC FACILITIES
AND SERVICES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY.
2. The maximum special tax which may be levied against this parcel to pay for public facilities is $ during the - tax year. This amount will increase by percent per year after that (if applicable). The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid, but in any case not after the - tax year. An additional special tax will be used to pay for ongoing service costs, if applicable. The maximum amount of this tax is dollars ($ ) during the - tax
year. This amount may increase by
levied until the -
cif applicable), and that part may be
tax year (or forever, as applicable.)
3. The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are:
These facilities may not yet have all been constructed or acquired and it is possible that some may never be constructed or acquired.
In addition, the special taxes may be used to pay for costs of the following services:
[identify facilities]
YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH
AUTHORIZED CREATION OF THE SPECIAL IMPROVEMENT DISTRICT, AND
WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED
AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE CITY OF NEWPORT BEACH BY CALLING (telephone number). THERE MAY BE A
CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT.
I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A
COPY OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE,
OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE -REFERENCED 24-605
PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT
TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING
THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN
THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER OR AGENT SELLING THE PROPERTY.
DATE:
B. "Subdivision," as used in subsection (A), means improved or unimproved land that is divided or proposed to be divided for the purpose of sale, lease, or financing, whether immediate or future, into two or more lots, parcels, or units and includes a condominium project, as defined by Cal. Civ. Code Section 1350 6542of the California Givil Code, a community apartment project, a stock cooperative, and a limited- equity housing cooperative, as defined in Cal. Bus & Prof. Code Sections 11004, 11003.2, and 11003.4, respectively, of the California Business and Professions merle
3.32.710 Inclusion of Certain Costs and Estimated Costs in Proposed Bonded Indebtedness.
The amount of the proposed bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the estimated costs of construction or acquisition of buildings, or both; acquisition of land, rights -of -way, water, sewer, or other capacity or connection fees; satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to this Code, architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district estimated to be due and payable within two years of issuance of the bonds; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancements costs, and printing costs.
3.32.720 Notice of Hearing on Resolution.
The Clerk shall publish a notice of the hearing pursuant to Cal. Gov. Code Sections 6060 and 6061 of the California Government rr,rle in a newspaper of general circulation circulated within the district. The notice shall state:
A. The time and place of the hearing on the proposal to issue debt.
B. That at the hearing the testimony of all interested persons, including all persons, owning property in the area, for or against the proposed debt issuance, will be heard.
3.32.870 Price of Property Sold.
Property sold hereunder may not be sold for less than the amount of the judgment plus nes+ i.dgmen+post judgment interest and authorized costs without the consent of the owners of a majority by value of the outstanding bonds. 24-606
3.32.900 Special Tax or Charge for Outstanding Bonded Debt.
When the City Council provides for the fixing and levying of special taxes and charges for the special improvement district it shall also provide for the fixing and levying of that amount of special taxes and charges within the special improvement district which is required for the payment of the principal of and interest on any outstanding bonded debt of the special improvement district, including any necessary replenishment or expenditure of bond reserve funds or accumulation of funds for future bond payments, including any amount required by federal Law to be rebated to the United States on that bonded debt.
The special tax or charge shall be levied and collected by the same officers and at the same time and in the same manner that all other special taxes and charges are levied and collected for the special improvement district or in any other manner specified by the City Council. The special taxes and charges shall not exceed the authority granted by Article III and Article IV of this chapter. All of the collections for payment of principal of and interest on bonds shall be paid into the special improvement district bond fund and reserve or other fund for the particular special improvement district and shall be used solely for the payment of the principal of and interest on the outstanding bonds of the special improvement district.
3.32.910 Action to Determine Validity of Bonds or Special Tax Levy.
An action to determine the validity of bonds issued pursuant to this Code or the validity of any special taxes levied pursuant to this Code may be brought pursuant to Cal. Code Civ.
Proc. Part 2, Title 10, Chapter 91 commencing with Section 86013 of Ti le 10 of Dort 2 of the 1 alifOFRia Code of Giyil PFOGed pro but shall, notwithstanding the time limits specified in Cal. Code Civ. Proc. Section 860efthe Galik)Mia Code of Civil PreGe dl iro be commenced within thirty (30) days after the voters approve the issuance of the bonds or the special tax if the action is brought by an interested person pursuant to Cal. Code Civ.
Proc. Section 863 of the GaliferRia Cede of Gi„il oreGe d„re. Any appeal from a judgment in that action or proceeding shall be commenced within thirty (30) days after entry of judgment.
3.32.930 Variable Interest Rate.
The City Council may provide that bonds shall bear a variable interest rate, and for the manner and intervals in which the rate shall vary. The variable rate shall not exceed the maximum rate permitted by Cal. Gov. Code Section 53.531 of the GaliferRia Geye nmeRt Code or any other applicable provision of law limiting the maximum interest rate on bonds. 24-607
Chapter 3.33
ASSESSMENT DISTRICT ALTERNATIVE PROCEDURES
Sections:
3.33.005 Short Title.
3.33.010 Provisions Not Exclusive —Applicability of Laws —Conflicting Provisions.
3.33.020 Definitions.
3.33.030 Declaration of Policy.
3.33.040 Authority and Procedure.
3.33.050 Assessment of Possessory Interests.
3.33.060 Method of Collection —Alternative Methods.
3.33.070 Form of Bonds —Maturities.
3.33.080 Authority to Covenant to Secure Bonds.
3.33.090 Actions or Proceedings to Attack Assessments —Time for Perfection of Appeal.
333.100 SeveraboW.
3.33.020 Definitions
"GIe�neansthe Gity (Mork of the City.
"Bond Act" means the Improvement Bond Act of 1915 (the "Bond Act"), as ^''nen ded (Cal.
Sts. & Hype���c Code, Division 10, Part 1, Section 8500 and following). "Engineer" means the City Engineer or any other person designated by the City Council for the purposes of this chapter, including any officer, board, or employee of the City or any private person or firm specially employed by the City as engineer for purposes of this chapter. Notwithstanding the foregoing, the engineer shall be a registered professional engineer as defined in Cal. Gov. Goyernmep Code Section 53750(lk). "Implementation Act" means the Proposition 218 Omnibus Implementation Act, being Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Cal. Gov. CodeG9veFRMeR+ Code of the Quo of California Section 53750 and following4. "Possessory interest" means a leasehold interest in tax-exempt real property for a term of thirty-five (35) years or more (including renewal options). For purposes of this provision,
tax-exempt real property means real property that is owned in fee by the governmental entity including, but not limited to, the federal government, the State, county or City.
3.33.060 Method of Collection —Alternative Methods.
Unless an alternative method of collection of the assessments has been established as authorized by this section, the assessments levied pursuant to this chapter shall be collected at the same time and in the same manner as real property taxes are collected, and all laws providing for the collection and enforcement of real property taxes shall apply to the collection and enforcement of the assessments. The City Council in its discretion may, by resolution, establish an alternative method of collection of the assessments.
Notwithstanding the foregoing, assessments levied pursuant to this chapter for which bonds are to be issued may be paid within thirty (30) days from the date of recording the assessment in the Office of the SWPe eRdeR+�tree#sPublic Works Director.
3.33.080 Authority to Covenant to Secure Bonds.
A. Whenever bonds are to be sold and delivered under this chapter with respect to an assessment district, the City Council may, by resolution adopted prior to the sale and delivery of bonds, take any action the City Council deems appropriate to secure the timely payment of the principal of and interest on the bonds, including any one or more of the following:
1. Covenant for the benefit of bondholders that the City shall not terminate any possessory interest subject to an assessment for which the bonds were sold; or
2. Notwithstanding Section 8769 of the Bond Act, covenant for the benefit of bondholders to pay all or any portion of the principal of and interest on the bonds necessary because of delinquencies in the payment of one or more assessment installments or the inability to collect one or more assessment installments. 24-609
Chapter 3.34
MARINE CHARTER PASSENGER TAX
Sections:
3.34.010 Definitions.
3.34.020 Tax Imposed.
3.34.025 Exemptions.
3.34.030 Liability for Tax.
3.34.040 Registration.
3.34.050 Collection of Tax by Operator —Receipt to Passenger —Rules for Collection.
3.34.060 Reporting and Remitting.
3.34.070 Failure to Collect and Report —Determination by Revenue Manager.
3.34.080 Penalties and Interest.
3.34.090 Appeals.
3.34.100 Tax Deemed a Debt.
3.34.110 Records.
3.34.120 Violation by Operator a Misdemeanor.
3 3 .''r130 Sever
3.34.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. "Charter" or "chartered" shall mean any contract arrangement, agreement or lease pursuant to which consideration is paid to the owner or operator of a vessel for the right to use, or the right of carriage on, any vessel which will operate, at least in part, on the waters of Newport Harbor provided, however, the term "charter" shall not include those activities which are exempt from the permit requirements of Chapter 17.10.
BA. "Charter fee" shall mean, with respect to charter vessels serving the public on a ticketed passenger basis, the total cost, without deductions, required for passage on the vessel. With respect to all other charters, charter fee shall be the total consideration paid to the owner, operator, and all persons providing any supplies, entertainment, dock fees or on -board service in connection with the charter.
24-610
B. "Vessel" shall rnean a passenger vessel or small passenger vessel as defined by SeGtien 21011 ofTitleilk, U.S. (`ode, with seven or mere passengers on bear,! G. "Charter"
OF as „
shall MeaR any GentFaGt arrangement, agreemeRt OF le
pursuant to WhiGh GGRsideratiGR is paid W the GWReF OF GPeFatE)F Of a vessel fGF the right te use, er the right Of Garriage OR, aRy Vessel whiGh will operate, at least an PaFt, OR the waters ef Newport Harbor provided, however, the term "GhaFter" shall not inGlyde these
17.19C-
CD. "Chartered vessel" shall mean any passenger vessel or small vessel as defined by U.S. Code Title 46 Section 2101 of Title 46 U.S. C Code with sox er mere passengers on heard and which has been nhartererl
D€. "GemmeMial harbor +i.,i+., Marine hapber--activitiesy permittee" shall mean any charter business authorized to conduct marine charters pursuant to Chapter 17.10. marine G I {1tant toChapter 5.18 of thins Cede.
E0. "Operator" shall mean any person who, on behalf of, or pursuant to agreement with the owner, arranges for the charter of any vessel or the issuance of any marine Garter activities permit.
F. H-._"Owner" shall mean any person who owns any chartered vessel that is chartered G.]-. "Passenger" shall mean every natural person carried on any chartered vessel that has been nhartered other than the owner, and any employee, agent, representative, or subcontractor of the owner or operator who has not paid consideration for carriage and who is paid consideration for on -board services.
j. Ters�shallll ---- anRdiyid ial ner�aatien partnership S?oGiatie�other greup or nembinatien of iRdiyid gals anting as an entity.- K. "" TeVe-n,,e Manager" shall eaR the Revenue MaRager of the City. passengers, or the d pe. passenger, greater
M. "GOrnSaimeeDrTGe lRdex'(CDI�halull Tmeaarnr the United States Der'cpaf Tmi e tt of La Bureau of Labor StatiStOGS Consumer PriGe lRdex, Les ARgeles Anaheim Riversi (198284-100) I
H.W. "Out of town vessel" shall mean any vessel which, for property tax purposes, has a situs outside Newport Beach.
10. "Sport fishing vessel" shall mean a documented vessel carrying or transporting seven or mere people for hire for commercial passenger fishing purposes which holds a 24-611
certificate of inspection from the United States Coast Guard and a commercial fishing boat license from the California Department of Fish and Game.
JL. "Ticket Price" shall mean either the product of the charter fee divided by the number of passengers, or the actual ticket price imposed per passenger, whichever is greater.
K. "Vessel" shall mean a passenger vessel or small passenger vessel as defined by U.S. Code Title 46 Section 2101.
3.34.020 Tax Imposed.
A. There is hereby imposed a tax upon every passenger of each chartered vessel. The tax shall be the obligation of, and paid by, the passenger to the owner or operator, and shall be stated as a separate charge on agreements for charters. The amount of the tax shall be:
1. Fifty cents ($0.50) for ticket prices between twenty-six dollars ($26.00) and fifty dollars ($50.00);
2. One dollar ($1.00) for ticket prices greater than fifty dollars ($50.00); and GB. Starting July 1, 1996, the ticket price on which the tax is imposed along with the tax and surcharge shall be automatically adjusted each July 1, to reflect the percentage, rounded to the nearest quarter, in the cost of doing business, as measured by the C-P-I.; 30 1995 shall be p Gm fer S � �
�����„��e�ce� ter- tax �te�
3.34.030 Liability for Tax.
In addition to the passenger of a vessel chartered for consideration, the operator or owner shall be liable for the tax imposed pursuant to this chapter in the event of any failure to collect the tax from the passenger Gr-and to remit the tax to the City as provided in this 24-612
chapter. Liability of the passenger shall not be extinguished until the tax has been paid to the City or the passenger presents the City a receipt from the operator or owner which evidences payment of the tax.
3.34.040 Registration.
A. No person shall conduct any marine charter for which a marine activities permit is required pursuant to the provisions of Chapter 17.105-48 of this Code without first applying for, and receiving, a certificate of registration pursuant to the provisions of this chapter.
B. Every owner or operator who applies for a rmaFino nhard•or -ermi+marine activities ep rmit pursuant to Chapter 17.105-49 of this Code shall apply for, and obtain, a certificate of registration from the Revenue Manager. The owner or operator shall apply for the certificate of registration on forms provided by the City. The Revenue Manager shall issue a certificate of registration upon completion, execution and submittal of the form. The owner or operator shall comply with all standard conditions specified on the registration form or certificate of registration;
C. Every commercial harbor marine activitiesy permittee shall register with the Revenue Manager within fifteen (15) days after of+he offer ti„e date of the errdiRaRGe Ge difie d in this Ghapfer commencing operations in the City. The certificate of registration shall be issued upon completion, execution and submittal of the form provided by the City. The marine GOMMernial harbor activitiesy permittee shall comply with all standard conditions on the certificate of registration.
3.34.060 Reporting and Remitting.
A. Each Gr^mmeFGmal marine-iarber activitiesy permittee, owner or operator shall, on or before the last day of the month following the close of the reporting period, as established by the Finance Director, file a return with the Revenue Manager on forms provided by the City, listing the total number of passengers carried during the reporting period and the total tax collected by the permittee. The full amount of the tax collected shall be remitted to the Revenue Manager at the time the return is filed. Returns and tax payments shall be due immediately upon cessation of business for any reason. All taxes collected by permittees shall be held in trust for the account of the City until payment thereof is made to the Revenue Manager.
B. Each owner or operator conducting charters pursuant to Chapter �17.10 of this Code shall pay the tax upon obtaining the marine `�h�activities permit. No marine Ghcharteractivities permit required by Chapter 54817.10 of this Code shall be issued until the required marine charter tax has been paid.
3.34.070 Failure to Collect and Report —Determination by Revenue Manager.
A. If any owner or operator shall fail to collect all or a portion of the tax due pursuant to this chapter or shall fail to make, within the time provided in this chapter, any report and 24-613
remittance of such tax, or any portion thereof, required by the provisions of this chapter, the Revenue Manager shall proceed in such manner as he/she may deem best to obtain the facts and information on which to base his/her estimate of the tax due. As soon as the Revenue Manager shall procure such facts and information as he/she is able to obtain upon which to base the assessment of any such tax imposed by the provisions of this chapter and payable by any owner or operator who has failed or refused to collect the same and to make such report and remittance, the Revenue Manager shall proceed to determine and assess against such owner or operator the tax, interest, and penalties provided for by the provisions of this chapter. The Revenue Manager shall give notice of the amount so assessed by serving it FSE)Ra" y er by dePes+t+ng it OR the U Riled States mail, postage prepaid, addressed tG the GWReF er operater at his last kRGWR PlaG8 Of addressin the manner provided in Section 1.08.080.
B. Such owner or operator may, within ten days after the service or mailing of such notice, make an application in writing to the Revenue Manager for a hearing on the amount assessed. If an application by the owner or operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the Revenue Manager shall become final and conclusive and immediately due and payable.
If such a request for hearing is made, the Revenue Manager shall give not less than five days' written notice in the manner prescribed in this section to the owner or operator to show cause at a time and place fixed in such notice why the amount specified herein should not be fixed for such tax, interest, and penalties. At such hearing the owner or operator may appear and offer evidence why the tax, interest, and penalties should not be so fixed. After the hearing the Revenue Manager shall determine the proper tax, interest and penalty due, and shall thereafter give written notice to the owner or operator in the manner prescribed in this section. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is filed pursuant to Section 3.34.090 of this chapter.
3.34.080 Penalties and Interest.
A. Original Delinquency. Any owner or operator who fails to collect, report and remit any tax imposed by the provisions of this chapter within the time required shall pay a penalty in the amount of ten 10 percent of the tax in addition to the amount of the tax.
B. Continued Delinquency. Any owner or operator who fails to collect and remit any tax and remit any penalty on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second penalty in the amount of ten percent of the tax in addition to the amount of the tax and the ten percent penalty first imposed.
C. Interest. In addition to the penalties imposed, any owner or operator who fails to collect and remit any tax imposed by the provisions of this chapter shall pay interest at the rate of one and one-half 1( 1/2) percent per month, or fraction thereof, on the amount 24-614
of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
D. Penalties and Interest Merged With Tax. Every penalty imposed, and such interest as accrues, pursuant to the provisions of this section shall become a part of the tax required to be paid by the provisions of this chapter except such merger shall not affect the liability of an operator to pay tax it has failed to collect and remit.
3.34.090 Appeals.
Any ep rson aggrieved by any decision of the Revenue Manager with respect to the amount of SUGhrtax, interest, penalties, assessed against the person of a; may appeal to the City Manager by filing a notice of appeal within fifteen (15) days after the service or mailing of the determination of the tax, penalties and interest due. The City Manager of the Gity of Ne w pert BeaGh may preside over the appeal or, in the alternative, the City Manager may appoint a Hearing Officer to conduct the hearing, receive relevant evidence and submit findings and recommendations to the City Manager fiR diRgs aP ro^GR4neR atieRS. The City Manager shall render a his/her decision within fifteen (15) days of receiving the findings and recommendations of the Hearing Officer. The findings of the City Manager shall be final and conclusive as to the City and shall be served upon the appellant in the manner prescribed in this chapter for the service of a notice of hearing.
Any amount found to be due shall be immediately due and payable to the City upon the service of notice. The City Manager's decision is subject to judicial review pursuant to Cal. Code of Civ. Proc. section 1094.5.
3.34.100 Tax Deemed a Debt.
The amount of any tax, er penalty, or interest imposed by this chapter shall be deemed a debt due to the City by the persons required hereby to collect or to pay the same.
If �nxt _
..
...
- 91
..
24-615
Chapter 3.36
COST RECOVERY FOR USER SERVICES
Sections:
3.36.010
Findings.
3.36.020
Definitions.
3.36.030
Cost Recovery Percentages.
3.36.040
3.36050
Late Fees and Charges.
Sever
3.36.010 Findings.
E. The City Council has fully complied with provisions of State and local law in establishing the cost recovery percentages specified in this chapter, including, Cal. Gov.
Code Section 66000 et seq. of the Geye ^meRt G^,�^, and Articles XIIIC and XIIIB of the State Constitution.
3.36.030 Cost Recovery Percentages.
A. The municipal functions the City Council has determined to be user services and for which the City Council has initially determined the actual costs and the appropriate cost recovery percentage are described in the fee resolution. The cost recovery percentage appropriate for each user service shall be one hundred (100) percent with the exception of the user services listed in Exhibit "A" and those services for which the fee is limited by statute. The City Council may include in the fee resolution a schedule to phase in specific fee increases over a period not to exceed five94F ayears.
Leo
24-616
Title 5
BUSINESS LICENSES AND REGULATIONS*
Chapters:
5.04 General Provisions
5.08 License Fee Categories
5.11 Special Regulations
5.12 Vehicles for Hire
5.14 Ambulance Regulations
5.15 Regulation of Newport Beach Police Official Tow Services
5.17 Taxicabs
5.20 Pawnbrokers, Secondhand Dealers and Junk Dealers
5.25 Operator License for Establishments Offering Alcoholic Beverages for On - Site Consumption in Combination with Late Hours, Entertainment, and/or Dance
5.28 Live Entertainment Establishments
5.32 Cafe Dances
5.36 Hotel Registration
5.42 Solicitation
5.43 State Video Franchises
5.44 Cable Communications Franchises
5.46 Regulation of Commercial Film Production
5.48 Direct T 1--.h^ni^ Alarm Monitoring System
5.49 Burglary —Robbery Alarm Systems
5.50 Massage Establishments
5.60 Paramedic Service User Fees
5.70 Newspaper Racks and Stands
5.80 Retail Sale of Firearms
5.90 Escort Service
5.95 Short Term Lodging Permit
5.96 Adult Oriented Business
5.97 Sidewalk Vending Program
24-617
Chapter 5.04
BUSINESS LICENSES AND REGULATIONS
5.04.010 Definitions.
D€. "Gross receipts" shall mean the total amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service cost, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following:
1. Cash discounts allowed or taken on sales.
2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as "gross receipts."
3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser.
4. Such part of the sale price of property returned by purchasers upon rescission of a contract of sale as is refunded either in cash or by credit.
5. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded.
6. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the Finance Director with the names and addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustee.
7. Cash value of sales, trades or transactions between departments or units of the same business.
8. Transactions between a partnership and its partners.
9. Receipts from services or sales in transactions between affiliated corporations.
An affiliated corporation is a corporation:
24-618
a. Devoting a nonvoting stock of which is owned at least eighty (80) percent by such other corporation with which such transaction is had; or b. Which owns at least eighty (80) percent of the voting and nonvoting stock of such other corporation; or
c. At least eighty (80) percent of the voting and nonvoting stock of which is owned by a common parent corporation which also has such ownership of the corporation with which transaction is had.
10. Receipts from investments where the holder of the investment receives only interest and/or dividends.
11. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the licensee in the regular course of the licensee's business.
E- "Operate" shall mean and include manage, control or carry on. /l 1- - -- - -- " - I- - 11 --- - - -- - -- -1 1 - - -1 - - 11 -1 - --- - - 1- - - -- -1 r - -- - -- -- - - --- - -- III MR
r . MIN-M.-
I
HE "Rental unit" shall mean and include all residential units except one which is the part-time or full-time residence of the owner, and no part thereof is offered or available for rent at any time during the license year.
Gf. "Sale" shall include the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definition shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law.
HJ. "Sworn statement" shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
5.04.060 Exemptions —Exempt by Federal or State Law.
Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed.
Any person claiming an exemption pursuant to this section shall file a sworn statement with the Finance Director stating the facts upon which exemptions are claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this title.
24-619
The Finance Director shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this title.
The Finance Director, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. The Finance Director's determination shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.090 Minor's Exemptions.
Any person under
eighteen years of ape, whose annual gross receipts from any business done within the City are within the earned income threshold pursuant to Internal Revenue Service regulations, shall be exempt from the requirements of this chapter.
Within thirty (30) days of a request by the Finance Director, any person claiming an exemption pursuant to this section shall submit to the Finance Director documents requested by the Finance Director that show the person is a minor and that the annual gross receipts from any business done within the City are within the earned income threshold set forth in the Internal Revenue Service regulations. If the Finance Director determines additional evidence is necessary, the Finance Director shall notify the person seeking the exemption of the date and time of a hearing regarding the exemption. After the hearing, the Finance Director shall make a determination as to whether the exemption aaalies. and that determination shall be final as to the Citv but subiect to iudicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.100 Exemption for Artists and Art Exhibits.
A business license shall not be required of individual artists for the exhibition or display of paintings, sculpture, photographs, handmade jewelry or other fine arts. Any artist shall be exempt from the requirements of this title if the sales of his or her artwork within the City do not result in annual gross receipts in excess of three four thousand ninee+ghf hundred dollars ($43, ,900.00), automatically adjusted annually to reflect the percentage change in the cost of doina business as measured by the Consumer Price Index and rounded to the nearest dollar.
Within thirty (30) days of a request by the Finance Director, any person claiming an exemption pursuant to this section shall submit to the Finance Director documents requested by the Finance Director that show the person's annual gross receipts from any business done within the City are less than the amount to qualify for the exemption. If the Finance Director determines additional evidence is necessary, the Finance Director shall notify the person seeking the exemption of the date and time of a hearing regarding the exemption. After the hearing, the Finance Director shall make a determination as to 24-620
whether the exemption applies, and that determination shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
5.04.190 Error in Terms Voids License.
The payment of any license tax required by this title, its acceptance by the City, and the issuance of such license to any person shall not entitle the holder to carry on any business called for by the license unless the person-ie has complied with all requirements of this Code, or to carry on any business at any location that is illegal under State or federal law or contrary to the City's zoning regulations.
5.04.290 Enforcement —Right of Entry.
B. Right of Entry. The Finance Director and ^h and all of his designees and any police officer or City employee whose job includes the inspection of the business license shall have the power and authority to enter, free of charge, and during regular business hours, any place of business required to be licensed and demand an exhibition of its license certificate. No ARy person having such license certificate theretefere -issued in his possession or under his control shallhe willfully fails to exhibit the same on demand; shall be subjeGt to administrative GitatieR as previded for by Chapter 1.05.
5.04.330 Appeal.
Any person aggrieved by any decision of the Finance Director with respect to the issuance or refusal to issue such license may appeal to the City Manager by filing a notice of appeal with the City Clerk. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of thefe-r hearing by serving the notice in the manner provided in Section 1.08.080. it persenally or by depositing it On the URited States mail at Newport BeaGh, , ran%pprepaidaddressed to SUGh� person a his last kRC) R address. The City Manager shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter. 24-621
Chapter 5.08
LICENSE FEE CATEGORIES
5.08.005 Business Tax Definitions.
5.08.010 Business Tax —Out of Town Based Businesses.
Every out of town based business as defined by this chapter shall pay an annual business license tax as established by resolution of the City Council. The business license tax shall automatically be adjusted each year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured by the Ceonsumer Pprice Index.
5.08.020 Business Tax —Residentially Based Businesses.
Every residentially based business as defined by this chapter shall pay an annual business tax as established by resolution of the City Council. The business license tax shall automatically be adjusted each year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured by the Csonsumer Pprice Index.
5.08.022 Business Tax —Commercially Based Businesses.
Every commercially based business as defined by this chapter shall pay an annual business tax as established by resolution of the City Council. The business license tax shall automatically be adjusted each year in July to reflect the percentage change, rounded to the nearest dollar, in the cost of doing business as measured by the Ceonsumer Pprice Index.
24-622
Chapter 5.11
SPECIAL REGULATIONS
Sections:
5.11.010 Signs on Watercraft. +
5.120 Portable Coop! Stand or Street KwtGhen.
5.11.030 Selling Food Products on the Streets Prohibited.
5.11.040 Sale of Food Products on Public Beaches Prohibited.
5.11.070 Exception.
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Chapter 5.12
VEHICLES FOR HIRE*
Sections:
5.12.010
Definitions.
5.12.015
Pedicab.
5.12.020
Certificate Required.
Trial Der
5.'112.025TedmGa
5.12.030
Permit
Application for Certificate.
5.12.040
Investigation.
5.12.050
Issuance of Certificates.
5.12.060
Grounds for Denial of Application.
5.12.070
I "Insurance.
5.12.080
Grounds Revocation. Denial and Aaaeal.
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24-625
5.12.010 Definitions.
For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions, unless it is apparent from the context that a different meaning is intended.
Certificate. The term "certificate" means a certificate of public convenience and necessity issued pursuant to this chapter.
Pedicab. The term "pedicab" shall have the same meaning as Cal. Veh. Code Section 467.5.
power through a belt, GhaiR or gears, and having two or mere wheels, deGigRed tG GaFP� ene or mere Passengers for a fore
as „
one or mere passengers for a fare
Public Transportation Vehicle. The term "public transportation vehicle" means a motor - propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the City for hire,, whether er Rot the eperatiens extend beyond which operates exclusively within the boundaries of the City.
Sight -Seeing Automobile. The term "sight-seeing automobile" means a motor -propelled vehicle used for the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or exhibiting lands, houses, property for other things or objects when a fee is charged or compensation is obtained from passengers or elsewhere.
Vehicle for Hire. The term "vehicle for hire" means a public transportation vehicle or sight- seeing automobile.
5.12.015 Pedicab.
No person shall operate or engage in the business of operating a pedicab within the City.
This section shall not apply to pedicabs authorized to operate in conjunction with a special event for which a special event permit has been issued pursuant to Chapter 11.03.
5.12.020 Certificate Required.
No person shall solicit or pick up passengers in the City, or engage in the business of operating any vehicle for hire defirl d on SeGtien 5.12-.04-0-within the City, without having first obtained a separate certificate of public convenience and necessity for each such business, e 1 by this nhapter ided, however, Neo such certificate issued by the City shall be required for any operations for which a certificate of public convenience and necessity is needed and has been granted by the Public Utilities Commission of the State of California.
5.�1� Dedocab Permit — Trial Period.
24-626
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5.12.030 Application for Certificate.
An application for a certificate shall be filed with the Director of Finance upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee as established by resolution of the City Council, and shall contain or be accompanied by the following information:
A. The name and address of the applicant, and, if the same be a corporation, the names of its principal officers, or, if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.
B. A complete schedule of the rates proposed to be charged for each type of vehicle. 24-627
C. A description of every vehicle which the applicant proposes to use, including trade name, motor or serial number, State license number and body style.
D. The location of the business and the place where the applicant proposes to keep such vehicles described in this chapter while not actually engaged.
E. The distinct color scheme, name, monogram and insignia which shall be used on each vehicle.
F. The name of the legal and registered owner of each such vehicle.
G. The experience of the applicant in the business or businesses for which the person#e is seeking a certificate or certificates.
H. Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate.
I. Such further information as the Director of Finance may require.
5.12.040 Investigation.
Upon receipt of a completed application for a certificate, the City Manager shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment and May regU;To—the appliEaRt er aRy ^ePseR Ram� �'�e The Chief of Police shall complete his
investigation within thirty (30) days, unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the City Manager regarding the qualifications of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes and light.
5.12.060 Grounds for Denial of Application.
If the City Manager finds any of the following conditions-e exist., ;e er she the City Manager shall deny the application:
A. That the application is not in the form and does not contain the information required to be contained therein by this chapter.
B. That the equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used.
C. That the color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud the public.
D. That the applicant has within the past twos years had an application for such a certificate denied for cause.
24-628
E. That there is a sufficient number of vehicles of the type described in the application operating in the City to fully serve the public, that the granting of more certificates would unduly congest the traffic and interfere with the free use of public rights -of -way by the public, or that the best interests of the public do not demand and necessity does not require the issuance of such permit.
24-629
5.12.070 Liability Insurance.
Every oerson subiect to this chapter shall arocure and maintain insurance. which tvoes _ r
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5.12.080 Revocation, Denial and Appeal.
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Grounds for Revocation. Any certificate or permit granted under the provisions of this chapter may be revoked by the City Manager, either as a whole or as to grey person MSignia, jor any of the following reasons:
1A. That the document required by Section 5.12.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason.
29. For the nonpayment of any City business license ^r ^+"^r t^^s r,r^,,;d^d by this
3G. For the breach of any rules, regulations or conditions set out in this Code or the certificate.
49. For the violation of any of the laws of the State of California or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate. €5. For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule or rates and fares set forth in the application. 24-630
B. Notice. When the City Manager concludes that the grounds for revocation of a certificate er permit exists, the City Manager shall serve the certificate holder,er permit holder, either personally or by Gertified mail addressed to the business address of the nertifiGate or permit holder in the manner provided in Section 1.08.080, with a notice of revocation of the certificate or permit. The notice shall state the reasons for the revocation, the effective date of revocation if no appeal is filed by the certificate or permit holder, and the right of the certificate or permit holder to appeal to the City Council ap4-the decision to revoke the certificate erg.
C. Appeal and Call for Review. If ar} appli certificate holder is aggrieved by any action of the City Manager in revoking any certificate or permit under +hic nhapter such certificate holderapplic r+t may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the City Clerk. The City Clerk shall notify the applicant in writing of the time and place set for the hearing of the OR his or her appeal or a call for review.
The right to appeal to the City Council or file a call for review from the revocation of aRy reFtifiGate er permit required by thin nhapter shall terminate upon the expiration of fifteen (15) days
the pplicarrtof service of the notice of revocation of the certificate as provided in subsection (B)ef the aGtier, of the Gity Manager and of his er her right to appeal ci inh a GtiC)R to the City Gei innil
The City Council of the City of Newport BeaGh may preside over the revocation hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the (wit„ of Newport BeaGh. The City Council shall preside over call for review hearings. The City Council of the rit„ of Newpert BeaGh shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5.
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., Right Of EXG1usive VehiGle Use by Passenger,
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Chapter 5.14
AMBULANCE REGULATIONS
Sections:
5.14.010 intent and Purpose
5.14.0120 Definitions.
5.14.0230 Emergency Ambulance Transportation Services) inense Required.
5.1 4. 040 E m ergn n •••crrcy Am b a n t e T�pvrta-too n SerFv i Gce Provide rs. �1n 050 m enw Ambulanne Transpo mon SeFymGe Agr-eemen4
7�ETTe� GTi Tr'l7lT.T�7Vr�tTV7TQGTTfG�Tri GTITGTTi
Spen:f atiene
5.1 060 Agreements.
F CIA 070 Termination or Suspension of Agreement
5.1 080 Business License Required.
5.1 .090 AdvaneedLife Support mbulance Transportation Ser./ine Providers
5.14.0304-00 Nonemergency Ambulance Transportation Services Providers.
5. 1 110 Permit for Drivers and Attendants
v�TaTrrTr Tamer-vrrrcrsarrrcrrccc�.r.
F CIA 120 File Report with Police
5 1 130 Public; Liability InsuranGe
5.1 A 140 Violations-.
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5.14.0120 Definitions.
"Advanced life support" as defined in the Cal.ifernia Health &and Saf.efy Code, Section 1797.52, as now in exostenne or hereafter amended OF nhanneA means special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, 24-635
advanced airway management, intravenous therapy, administration of specified drugs and other medical preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital as part of a local EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital.
"Basic life support" as defined in the Cal.if,� Health &a -PA Saf.e�y Code, Section 1797.60, as no,e, in evictenoe or hereafter omenrlerd or nhonned means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available. "Ambulance" means any motor vehicle that is specifically designed, constructed, modified, equipped, or arranged and operated for the purpose of transporting patients requiring basic or advanced life support medical services. "ArnbulaRGe attendant" rneans a trained, qualified who, regardless of whethe-r }t-- .-atttii-IhiGh f,�nca OF to f,,rnish erneYgeRGY
arnbulanne transportation oeWineG within the City. �"
"Agreement" means the agreement between the City of Newport Beach and an ambulance service operator to provide emergency ambulance transportation services as provided in this chapter.
"(`its," means the City of Newpe t Beach
"Go,,nty" means the GOURty of (bonne
"Emergency ambulance transportation service" means transportation by an ambulance of one or more patients in response to an emergency or from the scene of an emergency and giving rise to the need for basic or advanced life support services. This transportation may require "cSode 3" response (red lights and siren). All ambulance transportation services within the City that are requested in response to a 911 call, by the City's Fire Department or other public agency, or from the Metro Cities Fire Authority Communications Center shall be deemed "an emergency ambulance transport service." "Ciro Chief' meonc the Core Chief of the Fire Department for the (`ity 24-636
"LiGensee" means an arnbulanGe se. vi-e eperater whiGh has been granted and maintains the appropriate InGense 7ic
the County for the ser es to be previdc�
"Nonemergency ambulanc
e transportation service" means transportation by ambulance of a patient who is medically stable but may need basic life support and requires transportation from one location to another. This transportation does not normally require "cOode 3" response. Nonemergency ambulance transportation service shall not include any response to an emergency, any response that may require advanced life support, transportation from the scene of an emergency, or any emergency ambulance transportation service. The term nonemergency ambulance transportation service shall be construed narrowly.
"Person" means any individual, fi ition, partnership, aSSOGnatmen or other group OF n^mhinatien ^f individuals antinn as a „nit
5.14.0230 ' i^ense Require- Emergency Ambulance Transportation Services.
A. It is unlawful for any person to be ambulance service operator to provide emergency ambulance transportation service or respond to an emergency within the City, or to act in such a capacity either directly or indirectly, without: (1) entering into an agreement with the City; and (2) procuring and maintaining pessessipn ^f a license issued pursuant to ordinances, rules., and regulations of the County of Orange and any other licenses or permits as may be required.
B. Any person or ambulance service operator receiving a request for emergency ambulance transportation service within the City, from someone other than a public safety agency, shall immediately, by telephone, notify the City's Fire Department's communication center.
C9. Subsection (A) The prnWiSOORS of this chapter shall not apply to:
1. Emergency ambulance response and transportation services operated by the City's Fire Department;
2. Ambulances operated at the request of a public safety agency during any "state of war emergency," "state of emergency," or "local emergency" as defined in Cal.t4e Gov.erRmeRn Code Section 8558,
32. _Ambulance service transporting a patient from a location outside of the City limits regardless of destination;
4-3. _In the event of a mass casualty situation, as determined by the Fire Chief or Police ChiefSity;
54. _Emergency ambulance response and transportation services expressly reguestedeperafed by the City's ^f Newp^rt BeaGh Fire Department- 24-637
6. An ambulance service operator who has a contractual agreement with a hospital or medical facility, within the City, to transport patients to/from the hospital or medical facility to/from another hospital or medical facility; or
7. Nonemergency ambulance transportation services provided in compliance with Section 5.14.030.
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equipment and eperatien of an advanGed life support arnbulanGe tronspertotien service within Orange County,
e
transportation
erRedify er amend SUGh a SGhedule. Prier to establishing, serViGe, the Gity GeunGil shall hold a publiG heariRg after giving ten days prier written n0tiGe to all providers and/or appliGants and publiGatiGR of sand prepesed rate Ghanges OR the OffiGial newspaper of the Gity at least
not less- than ten days prier to the date Gf
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5.14.0304-00 Nonemergency Ambulance Transportation Service ProvideTs.
A. It is unlawful for any person or ambulance service operator to provide nonemergency ambulance transportation service or respond to a nonemergencv within the City, or to act in such a capacity either directly or indirectly, without acquiring and maintaining a license issued pursuant to ordinances, rules, and regulations of the County of Orange and any other licenses or permits as may be required.
B. No ambulance service operator shall provide nonemergency ambulance transportation service on the streets of the City without first obtaining a City business license and providing the Firma -Fire Di�FChief with evidence of County approval and licensing for the personnel, equipment, and operation of nonemergency ambulance transportation service in Orange County.
C. The City Council shall by resolution establish a schedule of rates applicable to all nonemergency ambulance transportation service and may, upon its own motion or upon application of any person holding a business license for the operation of nonemergency transportation service, modify or amend such a schedule. Prior to establishing, modifying or amending any schedule or rates of nonemergency ambulance transportation service, the City Council shall hold a public hearing after giving ten days' prior written notice to all providers and/or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than ten days prior to the date of said hearing.
5.14.110 Dermot for Drovers and Attendants
drove,A. Ne peFSOR shall or serve as aR attendaRt e
suibjeGt te the requirements of thiS Ghapter without first submitting preef of apprepriate license from the GO Rty to ont in S Gh nononi y
24-641
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Chapter 5.15
REGULATION OF NEWPORT BEACH POLICE OFFICIAL TOW SERVICES*
5.15.020 Definitions.
` RcV ,,ioi�mear,c the Newport eaGh r'ty ReVe Ue DiVioi�r OGR Of the FiRaRce
5.15.080 Service Agreements.
Tow truck operators selected by the City Council to provide official police tow services shall enter into an agreement with the City that shall contain eligibility requirements, operating regulations, and a fee schedule as adopted by the City Council. Every official police tow service operator shall post in a conspicuous place in the interior of each tow truck an approved rate schedule in a form and location approved by the Chief of Police.
The rate schedule will automatically be adjusted on its anniversary date based on the percentage change in the cost of doing business as measured by the change in the United States Den' �encRt e_f l aber,e BuF `caa—vf Labor tiGtiGGe Not SeaSeRally Adjusted, Consumer Price Index_ for All I IrbaR CeRS iimers#er the Los ARgeles Riverside _nr�e C„Rty CA, All Items, (1982 1984- 1 00yfor the preceding twelve (12) months.
5.15.110 Standard Rules of Operation.
E. Each towing company shall comply with the Cal.i#e a+a VehJG4e Code, Division 12, Chapter 5, Article 8, Section 27900 et seq., regarding signs on tow trucks. Only tow trucks bearing the name of the company shall be dispatched to the scene of need without approval of Police Communications.
K. Upon request, official police towing services shall submit a report to the Chief of Police and the Finance Director, which may include any of the following:
1. Total police impounds;
2. Number of times dispatched by Newport Rom'^"the Police Department;
3. Number of these calls resulting in impounds;
4. Number of vehicles sold on lien sale under authority of the Civ.V4 Code, and reporting such lien sales as per authority of the Cal. Veh.+Eie Code;
5. Number of vehicles sold under authority of Cal. Civ. Code Section 3073-,-(,�
6. Names and addresses of buyers and description of vehicles when sold;
7. Number of calls answered which took more than one hour to handle. 24-643
P. When disposing of unclaimed vehicles, official police tow service operators shall abide by all Cal. Civ.C>A Code sections pertaining thereto.
R. A towing company may charge a lien sale fee and may begin lien sale proceedings as provided in the Cal.+#eFR+a Vehj e and Civ.v+4 Codes.
5.15.140 Grounds for Revocation.
The official police tow truck service agreement shall be subject to cancellation or revocation by the City Council either as a whole or as to any person or vehicle described therein. The contract holder shall be given five days' notice to appear before the City Council to show cause why the contract should not be revoked or cancelled for any of the following reasons:
1. Nonpayment of any City business license fees or other fees provided in the contract or by thise Newport BeaGh M iniGOI Code;
2. Breach of any rules, regulations, or conditions set forth in the contract or thise Newport E3eaGh M ininir»I Code;
24-644
Chapter 5.17
TAXICABS
Sections:
5.17.010 Purpose and Intent.
5.17.020 Definitions.
5.17.030 -GftjFAuthorization Required.
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5.17.0470 Taxicab Regulations. ^nnlina+ien for Permi♦c.
5.17.070 -Application for Permits and Fees.
5.17 080 Testing Controlled bstanGes�AlrGehol.
5.17.090 1nsur-ante Required.
5.17.100 Non nsfer y.
5.17 110 Equipment-.
h
5.17.120 ^ Co nclo
5.17.130 Operational Requirements.
5.17.140 Rates and Charges.
5.17.08044% Separate from Business Licensing.
5.17.090 Agency.
5.17.020 Definitions.
For the purposes of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions:
"city" means the City of Newpert Beanh
,a ty n
"Driver" means a person who drives or controls the movements of a taxicab. "DFiver's permit" meaRs a valid permit issued by OCTA.Pautheri i tG_ driVP_ GF Gentrel the meyements of a tavinah
24-645
"QGT P" means+� Orange County Taxi Administration Dregram administered by Orange County Transportation A i itherity
a es
hire in the Git y
"Owner" means a person who is registered with the California Department of Motor Vehicles 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 ownerm„eans the registered owner or lesser of a taXineh
as ff
OnGludes natural e form, e e partnership, ,
try ist nerneration er p blip entit!i
e
"Prearranged trip" means a trip using an online enabled application, dispatch, or internet website.
"Regulatory authority" means the County or any city within County where a taxicab business is substantially located.
"Substantially located" means either of the following: the city or county where a taxicab business is primary located; ofor the city or county where the total number of prearranged and non -prearranged trips that originate account for the largest share of the taxicab businesses' total number of trips over the previous calendar year as determined annually. "Taxicab" means a vehicle operated within the iurisdintion of the Gity, capable of carrying not more than eighth 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 Cal. Veh. Code Section 522, or any other vehicle having a certificate of public convenience and necessity issued by any State agency, including the Public Utilities Commission.
"Taxicab business" means any enterprise, whether carried on for profit or otherwise, that operates taxicabs.
"Taxicab business permit" means a valid permit issued by the CitVG4;,W authorizing a person to operate a taxicab business.
"Taxicab Driver's permit" means a valid permit issued by the City authorizing a person to drive or control the movements of a taxicab.
"Taxicab vehicle permit" means a valid permit issued by the CityOGTAP authorizing a particular vehicle to be operated as a taxicab.
5.17.030 G y-Authorization Required.
24-646
A. No person shall operate a taxicab or taxicab business in the City without a taxicab business permit. taxicab drivers permit. and taxicab vehicle aermit^ nGe with his B. Notwithstanding Subsection (A), a taxicab business and its driver may perform prearranged trips within the City if the taxicab business, taxicab driver, and taxicab vehicle are permitted by a regulatory authority where the taxicab business is substantially located.
5.17.040 Taxicab Regulations.
A. The City Council shall adopt by resolution regulations of taxicab businesses substantially located in the City including, but not limited to, the establishment of a maximum rate for fares, and the permitting of taxicab drivers, taxicab businesses, and taxicab vehicles, which shall be published on the City's website and available to the public in the Office of the City Clerk.
B. No person shall operate a taxicab vehicle or taxicab business substantially located in the City unless in compliance with the administrative regulations adopted by the City Council pursuant to this section.
17 IAA Drover's Permit Required
drover'sNo peFSOR shall eperate a taxiGab on the Gity unless that persOR possesses a drover'spermit. OWRers shall GRly allow drovers with
by the eWRer.
5. 17 050 Taxicab Vehicle Permit Required
permit NE) owner shell allow a taxiEab owneec by the ewneei- r tto be-ep eerateed-in the City i � Wthet a taxieah vehicle permit
5 17 060 Taxicab Business Permit Required
Ne person shall operate a taXiGab business On the City unless the person possesses a twinah business permit
5.17.070 Application for Permits and Fees.
A. Application for a taxicab business permit, taxicab driver's permit, or taxicab vehicle permit er taXiGab hi isinesc nermi+ shall be made to the CsPprovided by OCTARthe City, and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the Grange Ge„nty Transportation n, ,theritvreSolUtion of the City Council.
B. Requirements for issuance and maintenance of a City taxicab business permit, taxicab drivers permit, and taxicab vehicle permit shall be set forth in the regulations established by the City Council.
5.17.080 Testing for Controlled Substances and Alcohol
24-647
1 T i A ,
.-
.-
to the standards est-abloshed by .-
.. _
.._ .. ..
0.0 . • _.
1 A d Ghorurgcvfer the hire ref ci iGh tyRGah;
. vGFiedulne efrrates -a
2The drover's name and aidrdres
�rh"IL
Z7TsS
3. The owner's name, and enhene nmhco i �
f
/1 The t}a�.,xm h ilden4ifi + ,ten ni unbar-
����ttY� ra�rcrcrrcrrr� tiCrrrTurrrvcr
5. The drover's te�ihanter
issued
permit pursuant
C�The Tvi�
tissued to this
P�e-rhiGtspecrrmit
v� �cr {�uRt G upt
7 Any ether infermatien required rd by the City,
�r ana
i E .1
D. A drover shall give a reGeipt fer the arneunt Gharged upon the request of the perseq paying the fare
E. A taX Gab shall only be operated Of the passeRgeF GOmpartment 06 kept iR a Glean and sanitary nenditinn
F. A drover shall l not ea�ii.ave his ta.XiGah to to SOIriit passengers.
G. The name or trade of the and the number by whiGh the ta�xiEanh,is- v�r� c-�� vwrTcr-crr-rcr �rrvc�--�--vv-��-r
printed,deSigRated shall be
the Git y CO innil
5.17.140 Dates and Charges
No drover shall Gharge rates and Gharges other than these established by OCTAP and adopted by resell Mien of the City Ce innil
5.17.0804-50 Separate from Business Licensing.
A. The requirements of this chapter are separate and independent from the business licensing and any other provisions under this Ceode. CernpliaRGe with the f this Ghapter may be SeGUred under the provisions of Chapter 1.04 of this Gode. EaGh day aynelation evicts rnnstitutes a separate offense
B. A taxicab business that is not substantially located within the City shall not be required to obtain a City business license.
5.17.090 Agency.
The owner of taxicab business and/or taxicab vehicle and the taxicab driver shall each be jointly and severally responsible and liable for all acts and omissions of the taxicab driver while the driver operates a taxicab in the Citv.
24-649
Chapter 5.20
PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS
5.20.010 Pawnbroker Defined.
The term "pawnbroker" shall have the same meaning as that term is defined in Cal.
Fin.GaInfornie Finenniel Code Section 21000 or any S Unnesser statute thereto.
5.20.030 Secondhand Dealer Defined.
The term "secondhand dealer" shall have the same meaning as that term is defined and limited in Cal.S,afifernia Busoness. & Prof.e��s Code Sections 21626 and 21626.5 or any S innesser statutes there+^. Any person or entity exempt from being considered a "secondhand dealer" pursuant to Section 21625 et seq. of the Cal.ifernia Bus.iness &a-nd Prof.eG�s _Code Section 21625 et seq. Or SaEcessor statutes thereto shall also be exempt from being considered a "secondhand dealer" by this chapter.
5.20.040 Junk Dealer Defined.
The term "junk dealer" shall have the same meaning as that term is defined in Cal.ifernia Bus.iRess & and Prof.essienT Code Section 21601 or any S innesser statute thereto.
5.20.050 Permits
C. Investigation. The Chief of Police or his or her designee shall cause to be made such investigation of the applicant's application for compliance with this chapter and any applicable State regulation.
D. Report of Investigation. The Chief of Police or his or her designee shall complete his or her investigation herein provided for and shall make a written report within ninety (90) days that certifies whether or not the requirements of this chapter have been satisfied.
F. Revocation or Refusal. A permit applied for hereunder may be refused by the Chief of Police or vhis s orher designee if the Chief of Police or deli^nee determines that the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property or that the permit holder engaged in any act which the permit holder knows to be in violation of this chapter and such violation demonstrates a pattern of conduct. For the purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
A permit issued hereunder may be revoked by the Chief of Police or an application for renewal of such permit may be refused by the Chief of Police and the permit holder's activities pursuant to the permit may be prohibited if the Chief of Police determines after notice and hearing-
1 . That the business was not carried on only at the location designated on the permit. The permit will designate all locations where property belonging to the 24-650
business is stored. Property of the business may be stored at locations not designated on the permit only with the written consent of the City; or
2. That the permit or a copy thereof, issued by the Newpei+ Bea^h Police Department, was not displayed on the premises in plain view of the public; or
3. That the permit holder engaged in any act which the permit holder knows to be in violation of this chapter and such violation demonstrates a pattern of conduct; or
4. That the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property. For the purposes of this section, "convicted" means a plea or verdict of guilty or a conviction following a plea of nolo contendere. The Chief of Police may revoke or refuse renewal of such permit when the time for appeal of the conviction has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Cal. Pen Code Section 1203.4 of the Califs penal Code ^r any s,,nnessor statute therete; or
5. That the permit holder has not fully and truthfully filed a renewal application and paid the permit renewal fee specified by the City.
G. Appeal. Any person aggrieved by the action of the Chief of Police in the denial of an application for permit or renewal of permit as provided heretofore shall have the right of appeal to the City Manager or his OF her `designee. Such appeal shall be taken by filing with the City Manager within fourteen (14) days of the postmark date of the Chief of Police or designee's notice of denial sent to the person's last known address a written statement setting forth fully the grounds for appeal. The appeal shall set forth the particular condition and the reasons that the applicant believes the findings or decision is in error. The City Manager or designee -shall set a time and place for a hearing of such appeal and notice of such hearing shall be given to the annellan+served in the manner provided in Section
1.08.080Onthe coma manner as provided in s,,hsegtion (H) of this section for no+ine of hearing on reyegatien. The decision of the City Manager on such appeal shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.and gong`usiye
H. Notice of Hearing. Notice of the hearing provided for shall be given in writing to the applicant or permit holder, as the case may be. Such notice shall be served in the manner provided in Section 1.08.080 mailed postage prepaid, tee the eannplinGan+�ppermicn77 c he!Q� as thre-Gassee may he at his or her last kROWn address at least five days prior to the date set for hearing. The applicant or permit holder, as the case may be, shall have the right to be represented at such hearing by counsel.
5.20.070 Reporting of Transactions.
24-651
A. Reporting Requirement for Pawnbrokers and Secondhand Dealers. Every pawnbroker and secondhand dealer shall make out and submit a full, true and complete report of pawnbroker and secondhand dealer transactions, the form and contents of which shall comply with the provisions of CaLifernia Business -and & Prof.essions Code Sections 21628, 21628.2, 21630, and 21631 and-21633 and any SUccessser statutes thereto.
C. Reporting Requirement for Junk Dealers. Every junk dealer shall make out and deliver to the Police Department a full, true and complete report, the form and contents of which shall comply with Cal.#E)FRia Bus.iRG66 &and Prof.eGGOGs Code Section 21606 orar-any SUGGesser�ute th�o-on the form prescribed by the Department of Justice, including Form BCIA 127, "Record of Junk Sale or Purchase_.;" or any S GGesser form thereto.
5.20.080 Records Required to Be Kept.
Unless federal or State law requires a shorter time period, every pawnbroker and secondhand dealer shall keep, for a period of threes years, a complete record in the English language of all goods, wares, merchandise or things pledged to or purchased or received by him, which record shall contain all of the matters required to be shown in the reports referred to and described in Section 5.20.070 or this chapter. Every such record and all goods, wares, merchandise and things pledged to or purchased or received by any such secondhand dealer shall be open at all times during business hours to the inspection of the Chief of Police or any police officer of the City of Newport Beach. Every junk dealer shall comply with the records preservation requirements of CaLifernia Bus.+nes-s &and Prof.essmone Code Section 21607 or any S GGes er statute theFete 24-652
Chapter 5.25
OPERATOR LICENSE FOR ESTABLISHMENTS OFFERING ALCOHOLIC
BEVERAGES FOR ON -SITE CONSUMPTION IN COMBINATION WITH LATE
HOURS, ENTERTAINMENT, AND/OR DANCE
Sections:
5.25.010 License Required.
5.25.020 Applicability to Existing Businesses and Enterprises.
5.25.030 Application for an Operator License.
5.25.040 Application Requirements.
5.25.050 Issuance of License —Criteria and Findings.
5.25.060 Notice of Determination.
5.25.070 Operator License Nontransferable.
5.25.080 Revocation, Suspension or Modification of License for Cause.
5.25.090 Licenses and Fees Not Exclusive.
5.25.100 Penalty.
5.25.010 License Required.
No person oreRtity shall operate, or engage in, any of the following, until that person has first obtained an operator license pursuant to this chapter:
A. _aAay business or commercial enterprise defined as "bar, lounge, and nightclub;" in Chapter 20.70 of this Code;
B. A business or commercial enterprise er--which does or intends to offer alcoholic beverages for on -site consumption in combination with "food service,# late hours," as defined at Chapter 20.70 of this Ceode or as same may be ameRde J frem time to time or
C. Aaay business or commercial enterprise that does or intends to offer alcoholic beverages for on -site consumption in combination with "entertainment" as defined at Chapter 5.28 of thise CEode, or "cafe dance" as defined at Chapter 5.32 of this Cc -ode, unto! that person or entity has first obtained an operater IiGense pursuant to this Ghapte .
5.25.020 Applicability to Existing Businesses and Enterprises.
The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid permit or other approval in effect as of February 24, 2011 th�a o e cc the
24-653
er, nGe Gedifie d in this Gha.,+or The foregoing notwithstanding, the provisions of this chapter shall be deemed to require an operator license in any of the following instances:
A. The approval or amendment of a use permit, as required by Title 20 of this CEode.
B. The issuance of a building permit for modifications comprising a change in the type of occupancy or an increase in the maximum occupant capacity of an establishment, as defined by the Uniform Building Code.
C. As a result of a negotiated restitution or agreement to resolve or settle any administrative, civil, or criminal matter relating to any violation of this CEode.
D. As required by an order of judgment in a civil or criminal case brought by the City of Newport Beach.
E. Transfer of a business operating pursuant to an issued operator license, as required by Section 5.25.070 of this chapter.
F. The re-establishment of a business or commercial enterprise subsequent to its loss of nonconforming status as set forth in Chapter 20.38 of this Cc -ode.
5.25.050 Issuance of License —Criteria and Findings.
B. At least twenty-one (21) calendar days prior to the decision on the issuance of a license, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent address. The notice shall indicate that written comments to the decision of the Chief of Police will be accepted until the date of the decision indicated on the notice.
C. 2. In the case of a business or enterprise offering "entertainment," as defined in Chapter 5.28, the premises meets all of the criteria in Section 5.28.040(B)(2) through (7);
5.25.060 Notice of Determination.
A. Except in such cases as provided in Section 5.25.030(A), the Chief of Police shall make a determination on an application for an operator license within forty-five (45) days of such application being deemed complete.
B. The applicant shall be served with written notice of the decision, including the findings made by the Chief of Police in conditionally approving or denying the operator license.
Notice shall be po ly served in the manner provided in Section 1.08.080er served by deposit in the United States Mail, fiFSt Glass pestage prepaid, at the address shown the appliGatien. SeNiGe shall be deemed GeMplete upon personal serViGe er depesit the United States Peet Maul
C. The determination of the Chief of Police to deny or to place conditions upon the approval of an operator license shall be appealable by the applicant or any interested 24-654
party. Such appeal shall be made in writing to the City ClerkManager, within fifteen (15) days of the postmark date of theservice of the -Chief of Police's notice of decision. The appeal shall set forth the particular condition and the reasons that the applicant or any interested party believes the findings or decision is in error. The City CouncilManager shall make a determination on the appeal based on the application materials, the written determination of the Chief of Police and the written appeal of the applicant or any interested party. The City CouncilM may take any of the following actions on the appeal:
1. Deny the appeal and affirm the determination of the Chief of Police and the conditions contained therein; or
2. Approve the appeal and/or approve or modify an appealed condition; or
3. Refer the application to the Chief of Police for further investigation and determination to be completed by a date certain.
D. The action of the City Ma Council to deny the appeal and affirm the determination of the Chief of Police or to approve the appeal and/or approve or modify an appealed condition shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ. Proc. Section 1094.5,, 'n�h n of this Gorde to the nontFa-py Retwiths tandiRn
5 25 IAA Penalty,
A. Any violation of thus Ghapter is subjeGt te these remedies provided fer On Chapters
1.04 and 1.05 in addition to any other remedies allowed by State and Federal law.
R. any violation of this Ghapter is hereby denlared to he a p blip ni is�nne B.
24-655
Chapter 5.28
LIVE ENTERTAINMENT ESTABLISHMENTS*
Sections:
5.28.010
Definitions.
5.28.020
Permit Required.
5.28.030
Application for Permit.
5.28.035
Application Requirements.
5.28.040
Issuance of Permit —Investigation.
5.28.041
Additional Regulations.
5.28.050
Permits Nontransferable.
5.28.060
Revocation of Permit.
5.28.070
5.28.090—Exception
Appeals and Calls for Review.
5.28.100
Permits and Fees Not Exclusive.
5.28.110
Public Nuisance.
5.28.010 Definitions.
911 .1_ _ A A _ __ _ __ _ _)I __ _ _ _
5.28.060 Revocation of Permit.
D. The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under Cal.ifern+a Pen.a4 Code Section 290, or any violation of Cal. Pen.af Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288.1 through 289-,2Z.9a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
5.28.070 Appeals and Calls for Review.
B. The right to appeal to the City Council from the denial, suspension or revocation of any permit, or a call for review regarding the same, required by this chapter shall terminate upon the expiration of fifteen (15) days after -service, in the manner provided in Section 24-656
1 .08.080 felle the depesit of a n�fi�T�or in United States Pest Offino ,�,�-a"Po`�•��� ter- ��-,��-�,T�o the
notice advising the applicant of the action of the City Manager and of his or her the applicant's right to appeal such action to the City Council.
D. The City Council of the Gity of Newpert Beanh may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the remit„ of Newport BeaGh. The City Council shall preside over a call for review hearing. The City Council of the remity of Newport Bea& shall render its decision within five days from the date of the hearing or, in the event that a hearing officer has been appointed, within five days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal. Code of Civ.
Proc. Section 1094.5.
is section shall only apply to new hi,sinesses operatin as pfovate clubs all Private adGPtOOR of said erdinanse shall remain evemnt from thision of this nhanfor The QtYr`o,,nnil finds that all other amendments adopted by said erdinanne are declarative of eVlstlno lani
28 AAA Cvneptions
permit for the fellewipg
A. Car the use of a radio, rcGGrd player, juke bev er tetevi i�nOR reGeiv— establishment•
,
B. Fer the use of a nenefeEtrc3Riestablishment;
G. Fer eRtertaiRment GE)RdUGted pursuaRt to a permit issued under Chapter 11.03 E)f thI& 24-657
Chapter 5.32
CAFE DANCES*
Sections:
5.32.010
Definitions.
5.32.020
Permit Required for Cafe Dance.
5.32.030
Dance Floor Area Minimum Size.
5.32.035
Restricted Hours of Operation.
5.32.040
Application for Permit.
5.32.050
Issuance of Permit —Investigation.
5.32.060
Revocation of Permit.
5.32.070
5 32.080
Appeals and Calls for Review.
Review
5.32.090
ci-I.
Prohibited Dancing.
5.32.100
Exceptions.
5.32.110
Licenses and Fees Not Exclusive.
5.32.010 Definitions. 1 Manager"
��r� ���Qp �/�1+ • ^"1 —
4it / Manager.
Q�eC�'t / 1\Manag '�'IUT'1-TTean tIlV it /1aRager A�I�\Jef hlo_wJeir�eFt Beach er hicGTauthherized FepFeSeRtatiVe Val
5.32.070 Appeals and Calls for Review.
If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing of theh+s appeal or a call for review. The City Council at its next regular meeting held not less than five days from the date on which such appeal or call for review shall have been filed with the City Clerk shall hear the appliGap the City ManaW he appeal or call for review; and all relevant evidence. The City Council 24-658
may sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to Cal.
Code Civ. Proc. Section 1094.5.
The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter or call an item for review shall terminate upon the expiration of fifteen (15) days following tkservice, in the manner provided in Section
1.08.080, of the notice Qemesi#E)f aTegistTed letteF icethe WRited States Post OffiGe advising the applicant of the action of the City Manager and of the1#6 right to appeal such action to the City Council.
--.
24-659
Chapter 5.36
HOTEL REGISTRATION
Sections:
5.36.010 Registration Required.
5.36.020 Entry of Departure Time —Inspection.
5.36.030 Size and Form of Register and Cards Retention of Records.
5.36.040 False Registering Prohibited.
5.36.010 Registration Required.
Every person r^nd„^ti^^ operating any_ r^^min^ he se ledgiRg h^i io^ bed and breakfast inn, hotel, motel, aate_recreational vehicle park- or any other similar place in the City, at all times shall keep and maintain therein a register that sets forth the rfTegiGtFatiGR Eards. Th�—,name and home street and town address of each and every guest or person renting or occupying a room or rooms and the room number(s) house, hotel, Onn, rnetel, alltO GOUrt, or any other similar plaGe thereupon shall w opposite suc;i ^^me or ^^mecse registeredthenurn of each room assigned to be occupied by each such guest or person, together with the time when such room is rented, and. Uuntil all of the aforesaid entries shall be made., no guest or person shall be suffered or permitted to occupy any such room.
5.36.020 Entry of Departure Time —Inspection.
When the occupant or occupants of such room so rented shall quit and surrender the same, it shall be the duty of the proprietor or an agent thereof to enter the departure time as nearly as can be determined in such register or on SUGh r^^istrati^n Gorr., eppesite the ^am^ of suGh ^GGUGant ^r ^^^„. Modifications to the registe 'Eras Tres ^r altero+i^nc shall not be made for any purpose. Such register or all such registratiOR norms shall be kept -maintained or accessible in the office of the person renting such rooms. The register shall be maintained for a minimum of one year.
Any police officer of the City of Newport BeaGh may inspect the register or registra+i„r, Ea-rds as long as such inspection complies with fi-ederal and State law.
5..36.0030yr a and Form of Register and Cards Retention of ReGorites shall be of the monimurn size of eight inGhes by teR ORGhes. The FegistratieR Gards shall be The register shall be permaneRfly beund so that Re sheet may be takeR therefrern and the Rurnbers shall be
24-660
5.36.040 False Registering Prohibited.
No person shall register at any bed and breakfast inn, hotel, motel, recreational vehicle park or other similar ri,�g hei ise ledgiRg he se hotel iRR motel a ItG GO lrt or ethw place in the City under the name of any other person or of a false or fictitious person zj— wl sizgR upon the register of aRY SUGh plaGe, aRy assumed, false OF fiGtitiquis 1 or any other other than the true or correct name of such person so registering l
s or heF Rame to be
24-661
Chapter 5.42
SOLICITATION
Sections:
5.42.010 Findings and Purpose.
5.42.020 Definitions.
5.42.025 Commercial Solicitation —Registration Card Required.
5.42.030 Exemptions.
5.42.040 Application for Registration Card.
5.42.050 Registration Fee.
5.42.060 Issuance of Registration Card.
5.42.070 Term of Registration Card.
5.42.080 Nontransferability of Registration Card.
5.42.090 Waiver of Requirements in Emergency.
5.42.100 Handbills in Public Places.
5.42.110 Placing Handbills in Vehicles.
5.42.120 Distribution of Handbills on Residential Property.
5.42.125 Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List.
5.42.130 Posting on Public Property.
5.42.140 Posting on Street.
5.42.150 Handbill Exceptions.
5.42.160 Publicly Soliciting Prohibited.
5.42.170 Time, Place and Manner of Solicitation —Prohibitions. 547 180 Viola}'
24-662
5.42.020 Definitions.
96 .. - -,,--- - ---- I
"Noncommercial solicitation" means religious and political contacts, and solicitation not primarily commercial in nature, and not primarily related to an economic transaction such as the exchange of goods or services for a financial fee or cost. Noncommercial solicitation may include solicitation of monetary or nonmonetary donations to nonprofit entities, when such solicitation is not conducted by a for -profit entity that is paid for solicitation on the nonprofit entity's behalf, or that retains any portion of the funds solicited on behalf of the nonprofit entity.
5.42.030 Exemptions.
F. Electronic solicitation, Bdirect solicitation through United States mail or conducted solely by means of radio or television broadcasts;
5.42.040 Application for Registration Card.
A. At least ten (10) days prior to the date the applicant intends to engage in commercial solicitation, Aan application for a registration card shall be made to the Police Department on forms supplied by the City. The applicant shall verify the application f^r a Gard u R d^r peRalty of pe�ury and file it with the PeliGe DepartmeRt at least teR (10) days prier to the date the applicant iRteR ds +^ begin c^lini+iRg. The Police Department may, for good cause shown, allow the filing of an application less than ten (10) days prior to the date the card is requested.
B. The application shall contain the following information- 1 . The full name, mailing address, principal business or residential address and telephone number, and the nature of the relationship between the applicant and the card holder, including whether the applicant is a volunteer, a paid officer or employee, an independent contractor, or an agent of the card holder;
2. Written authorization of permission to solicit from any person or organization for which the applicant intends to solicit;