3. Where applicable, documentation from the State of California that the cardholder is in compliance with Cal. Gov. GoyerRmeri+ Code Section 12599;
5.42.125 Residential Properties Displaying "No Soliciting" Signs —"No Solicitation" List.
Occupants of residential properties who visibly display "No Soliciting" signs, or signs with similar wording, may annually request to have their addresses included on a registry of residential properties whose occupants do not wish to receive unsolicited handbills or commercial solicitation. The registry shall be maintained by the City Manager's Office and 24-663
through the City's website, and shall be available on the City's website to the public and all potential commercial and noncommercial solicitors. It shall be a violation of this section for any commercial or noncommercial solicitor to S^l�rdistribute handbills or engage in commercial solicitation at or to any dwelling unit that is included on the City's "no soliciting" registry.
5.42.170 Time, Place and Manner of Solicitation —Prohibitions.
B. No commercial solicitation is permitted at any residential property at which a sign is displayed indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s);
G. No solicitation shall occur when the person to be solicited is in or on any of the following places:
1. During a live presentation or performance on any City property, unless the solicitation is authorized by the City or a special event permit;Any public ni T bbeiaGhe e "��7 paFkiRg let er paFkiRg ctr� GtUro� OF fGFF i Iand4pgl
2. Inside aA-Ry public transportation vehicle or public facility;
3. ARY vehiGle eR the p iblin er private street, alleyway er p iblin right of_way;
34. Within fifty (50) feet of any automated teller machine;
45. Outdoor and/or indoor dining areas of restaurants or other dining establishments serving food for immediate consumption without the express permission of the restaurant owner, manager or operator; or
56. A queue of five for more persons waiting to gain admission to a place or vehicle, or waiting to purchase an item or admission ticket; 24-664
Chapter 5.43
STATE VIDEO FRANCHISES
5.43.010 Definitions.
"Gross Revenue" shall have the definition set forth in Section 5860 of the CaLifePR+a Pub. UtilAies Code GeGti„n 58&0.
5.43.030 State Video Franchise Fees.
A. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay a fee to the City equal to five percent (5%) of the Gross Revenue of that State Franchisee.
B. Any State Franchisee operating within the boundaries of the City of Newport Beach shall pay an additional fee* to the City equal to one Mpercent+W-O-) of the Gross Revenue of that State Franchisee, which fee shall be used by the City for PEG purposes consistent with State and federal law.
* Code reviser's note: Ord. 2017-5, Section 1, provides, "The City's PEG fee imposed in CodeNBMG Section 5.43.030(B) is hereby reauthorized to the extent required by GCal.ali#eFia Pub.4G UtilAi=es Code --Section 5870(n). All state franchisees operating within the City, including but not limited to the AT&T Franchise, the Cox Franchise, and the Time Warner Cable/Spectrum Franchise, shall continue to collect and remit the PEG fee as required in NBMGCode Section 5.43.030(B), which fee shall remain unchanged and in full effect as to all state franchisees. The City Council expressly intends for this ordinance to apply retroactively to the expiration and renewal of the AT&T Franchise and/or the Cox Franchise to the extent either or both such franchises expire prior to the effective date of this ordinance."
5.43.050 Customer Service Penalties Under State Franchises.
B. The City Manager, er his er hor desigRei shall monitor the compliance of State Franchisee(s) with respect to State and federal customer service and protection standards. The City Manager, or has er her designee shall provide the State Franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the State Franchisee(s) thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty (30) dayday; time period shall be subject to the following penalties by the City Manager, or his or her docinnoo
1. For the first occurrence of a violation, a fine of five hundred dollars ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation. 24-665
2. For a second violation of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.
C. A State Franchisee may appeal a penalty assessed to the City Council within sixty (60) days. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final --.as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 24-666
Chapter 5.44
Cable Communications Franchises
5.44.020 Definitions.
organization authorized to do business in the State of California "Facilities" or "facility" shall have the same meaning in this chapter as these terms have in Chapter 13.20 of this a t0nininnrt Reo^h M ini^ipal Code. "Public right-of-way" or "right of way" shall have the same meaning in this chapter as the term or terms have in Chapter 13.20 of thise hImA,nnrt Bea^h Muni^in,l Code.
5.44.030 Grant of Franchise.
H. Use of Public Rights -of -Way. Pursuant to Chapter 13.20 of thise Newpert Gieo^" Mul—Code and for the purposes of operating and maintaining a system in the franchised service area, a company may place and maintain within the public rights -of - way the property and equipment that conforms to the laws and standards of the City and as are necessary and appurtenant to the operation of the cable communications system.
Prior to construction or alteration of the plant in public rights -of -way, a company shall comply with Chapter 13.20.
5.44.070 Services.
G 4. After cable service has been established by activating trunk or distribution cables for any area, company shall provide cable service to any person requesting cable service in that area within nine Laj_^al r—days from the date of request, provided that the company is able to secure all access rights necessary to extend service to that potential subscriber within that nine day period on reasonable terms and conditions.
5.44.080 Design and Construction of System.
The system shall be designed and constructed in accordance with the provisions of Chapter 13.20 of thise hlnumnrt Reo^h MURi^ipal Code and the franchise. Construction components and techniques shall be in accordance with Chapter 13.20, the franchise and all applicable law.
5.44.090 Operations and Maintenance.
H 4. When applicable, if the company cannot perform standard installations within nine L�h^aI days of request by a subscriber (provided that the schedule or preferences of the person requesting installation have not been responsible for the delay), the subscriber may request and is entitled to receive a twenty dollar ($20.00) credit. Repeated failure to perform standard installations within the nine L!jL^aI�days or to provide the credit for late installations shall be grounds for franchise revocation or other enforcement actions.
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5.44.110 Termination and Related Rights.
A 2 j. Substantial failure to comply with the privacy rights of subscribers as provided in this chapter, any franchise, „r Section 631 of the Cable Act Section 631 or SectOOR 63 ofvr�Cal.if,� Pen.a4 Code Section 637.5;
B 6. Upon any termination of any franchise, if so directed by the City, the company shall, at its own cost and expense, promptly remove that part of the system located in the right- of-way and shall replace or repair and restore to serviceable condition each affected facility therein, in the manner as set forth in this chapter and Chapter 13.20 of thise Newport Beanh Muni�Code.
5.44.135 Indemnity and Liability Insurance.
A. As a condition of approval, Company shall agree to indemnify, defend and hold the City harmless as required by the City Attorney.
,
,
damages,
,
,
,
Or repFeS8Rtatives eXGept fer that whiGh is attributable te the sole negligenGe or Willful mis ndUGt of the G' y y Ge„n offi ao erReys and
,T„�Ee„�-a �-o,--�-,��t� �t�--�,� , �Ee�s , �e�s ; �e�aets , a##�„ -r" J "—�,-ra employees. With respeGt tO the penalties, damages or Gharges refereRGed , , ,
fees, and expert WitRess fees are ORGILAded
these nests which shall he reGOyererd by the Git y
B. Every company subject to this chapter shall procure insurance which types and amounts shall be determined by the Risk Manager. F=XGept as pFevided in or as supplemented by any franGhise agreement, "Gense or permit, a Gempany shall seGure and maintaiR, publiG liability, property damage ORSUIPaRG8, and umbrella least the follGW'Ro amounts:
1 . PubliGG Liability. TWE) million dollars ($2,000,000.00) per person/per , 3Umbrella Liability. Fide million dellars ($5 nnn nnn nnn ins„reids
s �
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5.44.140 Miscellaneous Provisions.
adrn 0 nm,;tr, . jiGial tribunal, the provision shall be deemed severa 0 nvalmdation sh-All r.�_A invalidate the entirety of this Ghapter or ally other previsi LK Possessory Interest. By accepting any PROW Permit granted pursuant to th chapter, company acknowledges that notice is and was given to company pursuant Cal.mfern'aR' i •0 . 0• Code Section 107.6 that the use or occupancy of public property may cause certain taxes to be levied upon such interest. Company sh be solely liable for, and shall pay and discharge prior to delinquency, any and possessory interest taxes or other taxes levied against its right to possession, occupan or use of any PROW or public property pursuant to any right of possession, occupan or ' . ' • by
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Chapter 5.46
REGULATION OF COMMERCIAL FILM PRODUCTION
5.46.020 Exceptions.
The provisions of this chapter shall not apply to:
A. Amateur photographers:
B. Anv person involved in iournalistic activities: or
C. Any person who is employ the City or who has a contract with the City to stage, shoot, make, capture, take or record images for a commercial or business purpose.
5.46.060 Appeal or Call for Review.
A. Decision of Film Liaison. Any person aggrieved by the decision of the Film Liaison shall have the right to appeal the approval or disapproval of the application to the City Manager within five (5)G^'eRdar days after notice of the decision of the Film Liaison is mailed. The City Manager shall review the application de novo and shall render a decision within fourteen (14) days.
B. Decision of City Manager. Any person aggrieved by the City Manager's decision shall have the right to appeal the approval or disapproval of the application to the City Council within five Gal r.(5) days after notice of the decision is mailed. The City Council shall review the application de novo and act upon the appeal within sixty (60) days after the filing thereof.
C. Call for Review. A member of the City Council, in their official capacity, may call for review any action of the Film Liaison or 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 Clerk, within five Ga'r (5) days after notice of the decision is mailed. The City Council shall review the application de novo and act upon the call for review within sixty (60) days after the filing thereof.
5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such a permit, that the applicant furnish a bond, insurance or both to protect the City against claims of third persons for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee's activities. If insurance is required, the Risk Manager shall determine the types and amounts to be provided to adequately protect the City.
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Chapter 5.48
DIRECTTE' EPHO ALARM MONITORING SYSTEM
5.48.010 Intent.
Direct alarm monitoringT e e1eP ePk is a alarm system service operated by the Newport BeaGh Police Department is an alternative seNiGethat is provided to benefit the citizens of Newport Beach. The Police Department is not required to provide this service and citizens have other options to obtain alarm services through private businesses. The regulations contained in this chapter are intended to provide important information and control to the Police Department for effective and efficient operation of the system and to ensure the cost of the service is recovered and to promote efficient policing operations.
5.48.020 Definitions.
"Direct alarm monitoringTelepheniG alarm system" and "direct alarm monitoring system(s)" means any mechanism, equipment or device which is designed to operate automatically through the use of ^ubliGmet phene faGi'ities a landline or cellular line to transmit a signal, message or warning to another location.
5.48.030 Permit Required.
No person shall operate or maintain a direct�is alarm monitoring system which automatically transmits a signal, message or warning to any Department telephone line, without first obtaining a permit pursuant to Chapter 5.49 of this Code.
5.48.040 Additional Requirements.
A. In addition to the information required by Chapter 5.49, applicants for permits to install, maintain or operate a telephooniedirect alarm monitoring alarm system which is intended to automatically transmit a signal, message or warning to any Department telephone line shall provide additional information required by this chapter to the Chief of the concerned Department. The additional information shall be provided on forms supplied by the City, together with the service charge as established by resolution of the City Council. The application shall include the name, address and telephone number of both the installer of the system and the person or business on whose premises the system will be installed, as well as a description of the system and the location where it is proposed to be installed, and any other information as may be required by the Chief of the concerned Department.
B. The Chief of the concerned Department shall approve such application if he finds that:
1. The use of the alarm system to transmit a signal, message or warning to a designated Department line will not interfere with the orderly conduct of City business;
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2. The person installing the system maintains an adequate service organization to repair, maintain and otherwise service the direct telepheniG alarm monitoring systems sold or leased by him;
3. The application complies with the applicable provisions of Chapter 5.49.
C. The Department Chief may impose reasonable conditions on the exercise of the permit.
5.48.050 Right of Inspection.
The Chief of the concerned Department shall have the right to inspect any die direct alarm monitoring system on the premises where it is intended to function prior to issuance of any permit for its operation and may cause an inspection of such system to be made at any time after issuance of a permit to determine whether it is being used in conformity with the terms of the permit and the provisions of this chapter and Chapter
5.49. 5.48.060 Restricted Numbers.
No person shall install, operate or maintain a direct+e'eiG_alarm monitoring system which automatically transmits a signal, message or warning to any Department telephone line, except to such telephone number or numbers as designated by the permit issued under the provisions of this chapter.
5.48.065 Notification of Change.
Tel ic—Direct alarm monitoring system permits are not transferable. Permittees shall notify Police Chief within five business days of any change of name, address, phone numbers, ownership, or alarm business. Permittee shall deprogram the police dialer number upon change in ownership of the property.
5.48.070 Revocation.
Any permit issued for a tetephOROGdirect alarm monitoring system may be revoked pursuant to the provisions of Chapter 5.49, if the tef ^"�iGdirect alarm monitoring system has been installed, maintained or operated in violation of the provisions of this chapter, applicable provisions of Chapter 5.49, or of any term or condition of the permit, or for failure to pay the cost recovery fee specified in Section 5.48.080.
5.48.080 Annual Monitoring Charge.
In addition to the application fee authorized by Section 5.49.030, each permit holder shall pay to the City on or before July 1 st of each year, a monitoring charge as established by resolution of the City Council.
5.48.085 Signs.
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Permittees shall not display any sign indicating the direct telephen18 alarm monitoring system permitted under this chapter as an aid to service or safety except approved signs provided by City. Approved signs shall be displayed only in connection with the maintenance of a valid permit issued under this chapter and in compliance with all permit conditions and regulations of Chief Police. Fees representing City's cost for approved signs shall be paid in the amount adopted by resolution of the City Council. 24-673
Chapter 5.49
BURGLARY - ROBBERY ALARM SYSTEMS*
Sections:
5.49.010
Definitions.
5.49.020
Permit for Alarm System Required.
5.49.030
Application for Permit.
5.49.040
Application for Alarm Permit —Investigation.
5.49.045
Duration of Permit.
5.49.050
Revocation of Permits.
5.49.060
Notice of Appeal.
5.49.070
False Alarm Penalty.
5.49.080
Alarm System Standards and Regulations.
5.49.090
Prohibitions.
5.49.100
Fees.
5.49.110
Limitations on Liability.
5.49.120
Criminal Penalties.
5.49.010 Definitions.
R Or Gempa%
5.49.030 Application for Permit.
Application for an alarm permit shall be filed with the Chief of Police or desig ee on forms provided by the City and the applicant shall, at the time of application, pay the fee established by resolution of the City Council. The application shall be signed and verified by the owner or lessee of the alarm system for which the permit is requested, and the application shall contain such information as may be required by the Chief of Police e-r desigRee it order to ensure that the permit is issued in accordance with the provisions of 24-674
this chapter. Permits provided for in this chapter shall be issued by the Chief of Police e-r deSigRee-and shall be nontransferable.
5.49.040 Application for Alarm Permit —Investigation.
Upon receiving an application from any person for an alarm permit, the Chief of Police e-r desigRee—shall cause an investigation to be made of the system to be installed to determine if the system complies with the requirements of this chapter. If the proposed system complies with this chapter, the Chief of Police ^r deGigRe shall cause a permit to be issued.
5.49.050 Revocation of Permits.
An alarm permit may be revoked as follows: If, after investigation, the Chief of Police determines that the permittee has violated any provision of this chapter, or in the case of tefcp#AeiGa direct alarm monitoring systems any provision of Chapter 5.48, or any conditions of the permit or fails to pay a false alarm penalty as provided in Section
5.49.070, the Chief of Police shall send to the permittee, by registered mail, a notice of intent to revoke the permit, which notice shall specify the violation or violations determined by the Chief of Police to exist and that the permittee has the right to appeal the decision to the City Manager as provided in Section 5.49.060, and that failure of the permittee to remedy the violation or violations specified in the notice of revocation within the fifteen (15) day appeal period, or within such additional time as may be allowed by the Chief of Police upon a showing of good cause therefor, then the alarm permit shall be considered revoked. No new alarm permit application may be made for a period of six months after the permit is revoked, unless waived for good cause by the Chief of Police.
5.49.060 Notice of Appeal.
A. If any permittee is aggrieved by any action of the Chief of Police pursuant to the provisions of this chapter, the applicant may appeal to the City Manager by filing with the City Manager a notice of appeal setting forth the facts and circumstances regarding the appeal. This notice of appeal shall be filed not later than fifteen (15) days after service of a notice of revocation as provided for in Section 5.49.050. The City Managery a ithnrized representa#v,, shall, within fifteen (15) days from the date on which the appeal is filed, hold a hearing, consider all relevant evidence produced by the alarm permittee, the Chief of Police and any other interested party, make findings and determine the merits of the appeal.
B. The City Manager, er his duly autherized representative, _may affirm, overrule or modify the decision of the Chief of Police and the City Manager'sla+s decision shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
5. 49 130 Application of Chapter
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Chapter 5.50
MASSAGE ESTABLISHMENTS
Sections:
5.50.005 Findings and Purpose.
5.50.010 Definitions.
5.50.015 State Certification and Operator's Permit Required.
5.50.020 Application for Operator's Permit.
5.50.025 Operator's Permit Issuance and Denial.
5.50.030 Requirements of Operation.
5.50.035 Changes of Business.
5.50.040 Operator's Permit Exemptions.
5.50.045 Inspection by City Officials and Notices of Violation.
5.50.050 Operator's Permit Expiration and Renewal.
5.50.055 Suspension, Revocation, Denial and Appeal.
5.50.060 Fees.
5.50.005 Findings and Purpose.
A. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for prostitution and related activities in violation of State law, all in the interest of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform Statewide regulations enacted by the Legislature in 2008, 2011 and 2014 as Cal. Bus.iness and& Prof.essieRs Code Sections 4600 et seq., and by restricting the commercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.
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5.50.010 Definitions.
"Approved school of massage" means any school or institution of learning that is recognized as an "approved school" pursuant to the Cal Bus.iness &and Prof....i.- Code Division 2, Chapter 10.5, as it may be amended.
"California Massage Therapy Council" means the massage therapy organization formed pursuant to --Cal. GafifGFRia Bus.OR8SS &and Prof_essiGRS Code Section 4600—,-a44d fef4ow+ng, et seq. as aTe;ded-,-_and referred to as CAMTC herein. "Certified massage technician" means any person holding a current and valid State Certificate issued by the CAMTC pursuant to= Cal_.+#erRia Bus.iRess &ate Prof.eGssiGRS Code Section 4600 et seq., onrl felle inn as arnended whether as a massage LTJ—QfTTGTIVGC�
practitioner or massage therapist, as defined therein.
"ChiefofDrEAGe meaRs the ChiefOfFelice-ef the Gity of Ne ei FtBeaGh, nrvr hurter ►�Van QfII I p Qihl &S
Gornbination of opting as an entity-.
"State Certification" or "State Certificate" means a valid and current certification properly issued by CAMTC pursuant to-Cal.Gafifereia Bus_+ness &a+�d-_Prof,essiens Code --Section 4600 et seq., and fellewinn oc omoniJorJ
5.50.020 Application for Operator's Permit.
A 12. An executed and notarized form to be executed by the person who owns the property, on a form approved by the City, in which the owner agrees that if the operator's permit for the massage establishment is revoked, no new massage establishment may be established at the same property, or continuous parcel owned by the same person, for twenty-four (24) months from the date the massage establishment ceases operating.
B 7. A complete set of fingerprints taken by the Police Department subject to a fee to cover actual costs to determine whether the applicant has any of the following:
a. Convictions for any crime involving conduct which requires registration under California Penal Code Section 290 (Sex Offender Registration Act); 24-678
b. Convictions of violations of Ca.li#ernma Pen.a4-_Code Sections 266i (pandering), 315 (keeping or residing in house of ill -fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit place for gambling or prostitution), 647(b) (prostitution), 653.23 (supervision of prostitute);
c. Convictions of any felony offense involving the sale of a controlled substance specified in Cal. Health & Saf. Code Sections 11054, 11055, 11056, 11057, or 11058.- of meal h -oaf ode - -
d. Convictions of crimes designated in Cal. Gov.ernmenn Code Section 51032 (massage —grounds for denial of license), or any crime involving dishonesty, fraud, deceit, violence or moral turpitude;
e. Injunctions for nuisances under Cal. Pen.at Code Sections 11225 through 11235 (red light abatement law);
5.50.025 Operator's Permit Issuance and Denial.
A 5 a. _Has not been required to register under the provisions of Section 290 of the Cal_+#eFR+a Pen_af_ Code;
d. Has not been subject to an injunction for nuisance under Cal. Pen_.a4 Code Sections 11225 through 11235 within the last eight years.
A6. That an operator's permit for a massage establishment located on this property, or continuous parcel owned by the same person, has not been revoked for at least twenty- four (24) months from the date the massage establishment ceased operation.
B 5. The applicant was convicted of or pled guilty or no contest to a violation of Cal.
Pen.a4 Code Section 415 as a result of an arrest for violation of Cal. Pen.a4 Code Section 647(b);
B7. The applicant, any business owned or managed by the applicant while the applicant owned or managed the business, the applicant's current employer, or the applicant's former employer during the applicant's employment is or was a named party subject to a permanent injunction against the conducting or maintaining of a nuisance under Cal.
Penal Code Sections 11225 through 11235, or Cal. Health and& Safety Code Section 11570 et seq., or equivalent offenses under the laws of another jurisdiction.
5.50.030 Requirements of Operation.
B11. Dress Code. No employee or independent contractor of a massage establishment or any other person engaged in the practice of massage for compensation shall dress in attire that is transparent or see -through or substantially exposes the person's undergarments. In addition, no employee or independent contractor of a massage establishment or any other person engaged in the practice of massage for compensation shall dress in a manner that exposes the person's breasts, buttocks, or genitals or in a 24-679
manner that constitutes a violation of Sentien 314 of the Cal.if,TGrnma Pen_.a4 Code Section 314.
5.50.055 Suspension, Revocation, Denial and Appeal.
A 4. Violations of this chapter or of California- Cal. Bus.+ness aft& Prof.essiena Code Section 4600 et seq. have been committed by the massage establishment or by anyone performing massage services on behalf of the massage establishment; or E. Appeal.
1. The right to appeal to the City Manager shall terminate upon the expiration of fifteen (15) days from the date of rnailiRg Tservice of the notice as provided in Section 1.08.080. The notice of appeal is to be sent to the Police Department -of the City of Newpert Beonh
2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the City Manager or his G her decienee. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.
3. The City Manager may preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Manager findings and recommendations to be considered by the City Manager. The City Manager shall render his or 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 from the date on which the City Manager receives the findings and recommendations of 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. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing.
4. Notice of the date, time and place of the hearing shall be mailed at least ten (10) days prior to the date of the hearing as provided- in Section 1.08.080U.S. moil with Proof of G8FVinGe—attaC ed, addressed to the addFess lasted en the GCr- JITJCG G--C7Tr-
eperater
f
appeal,
as
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50065 Violation and Penalty
A. Violations of this Ghapter may be eRfOrGed pursuaRt tO the provisions of Chapter 1.04.- rhre e doe GC)rnrnenGe an aEtiieer an�?,finrreGc ding er preGeediRgS, for the 24-680
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Chapter 5.60
PARAMEDIC SERVICE USER FEES
5.60.020 Fees Established —Resolution.
The City Council shall by resolution establish reasonable fees and charges to be paid by persons using the City's paramedic field services. Upon written application, the City Manager, or his or her designoo, may waive all or part of the paramedic user fees referenced in this chapter.
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Chapter 5.70
NEWSPAPER RACKS AND STANDS
Sections:
5.70.010 Intent and Purpose.
5.70.015 Definitions.
5.70.020 Newsrack Permits.
5.70.025 Requirements and Duties.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa Island.
5.70.035 Display of Certain Matter Prohibited.
5.70.040 Display of Harmful Matter.
5.70.045 Costs.
5.70.050 Removal of Newsracks.
5.70.055 Appeals and Calls for Review.
5.70�00Seyerability; Supplemental Drwici�nc
5.70.015 Definitions.
5.70.020 Newsrack Permits.
B. Application. A written application for a newsrack permit shall be filed with the City Manager, or his or her designeeand shall contain the following information:
1. The name, address, and telephone number of the applicant and owner of the newsrack.
2. The name, address, and telephone number of a representative or other responsible person whom the City may notify or contact at any time concerning the applicant's newsrack.
3. The number of newsracks at the street address of the proposed location of each as shown on a scaled drawing of the proposed location.
4. A diagram of the location proposed for the installation of the newsrack(s).
5. Names of newspapers or periodicals to be contained in each newsrack. 24-683
6. Type or brand of newsrack, including description of the newsrack and mount, if other than K-Jack Style Mount Model 100.
5.70.025 Requirements and Duties.
G. No person, association, firm or corporation shall place, locate or maintain a newsrack on the public right-of-way unless there is on file with the (wit„ Manager Risk MaEL erg GE)MpaRy ai itherizeid to de b iciRecc OR the State of Galifornia proof of insurance, which tvaes and amounts shall be determined by the Risk Manaaer. eyiden^inn that the e
wa-�
H. Every permittee of a newsrack located upon the public right-of-way must comply with the provision of Newport Beanh MURi^ina' Code, Business Licenses and Regulations, Section 5.04.020.
5.70.030 Special Requirements for Newsracks Along Marine Avenue on Balboa Island.
C. IR the eveRt that theRNewsracks proposed to be placed at any one location that violate the provisions of Section 5.70.020(E) or 5.70.030(A), (B), pr y shall be given Priority on a first -come, first -served basis. as
1 . VViithi ninety (90) days after the inance-nGvanTod id
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5.70.040 Display of Harmful Matter.
A. Definitions. For the purposes of this section, the terms "harmful matter," "matter," "person," "distribute," "knowingly," "exhibit," and "minor" shall have the meanings specified in Cal. Pen. Code Section 31.31 of the Code of the Staff . For the purposes of this chapter, the term "blinder rack" shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view.
5.70.050 Removal of Newsracks.
A.
Chapter will be deemed RGRG RfE)rmiRg
B. 1nlf the event t the City Manager determines that a newsrack does not comply with the provisions of this chapter or is abandoned, the City Managerhe or she shall servee written notice of such determination to the permittee or owner in the manner provided in Section 1.08.080. The notice shall specify the nature of the violation and; the location of the newsrack which is in violation, the intent of the City Manager to remove the RGRGonferminnthe newsrack in the event a hearing is not requested, and the right of the permittee to request a hearing, before the City Manager, within fifteen (15) days from the date of the service of the notice. If the newsrack is one which has not been authorized by the City Manager and ownership is not known, nor apparent after inspection, a notice complying with this section shall be affixed to the newsrack.
BG. In the event that a hearing is held pursuant to this section, the City Manager shall render a decision, in writing, within ten 10 days from the date of the hearing, and the decision shall advise the permittee or owner of his or her right to appeal to the City Council, pursuant to the provisions of Section 5.70.055. Notice of the decision shall be mailed tethe—served on permittee or owner in the manner provided in Section 1 .08.08Oa Rd shall be GeRsirdered effe Gtiye eR the mate mailed provided that the netiGe is rpre rl y addressed and plaGed OR U.S. S. Mail with first_ Glass�Jt�prep Cs. The City Manager may take possession of a newsrack and, upon the expiration of thirty (30) days, dispose of the newsrack as required by law, if:
1. No hearing is requested by the permittee or owner within fifteen (15) days as provided in Section 5.70.050(A€); or
2. The appeal period specified in Section 5.70.055 has expired; or
3. In the event that an owner or permittee fails to remove the rack within ten 10 days from the date of the decision of the City Council, that the newsrack is not in compliance with the rules, regulations and standards established by this chapter.
D€. The City Manager shall inspect any newsrack reinstalled after removal pursuant to this chapter. The permittee of the newsrack shall be charged a fee for this reinspection as established by resolution of City Council.
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E€. in the event that an"If any newsrack is abandoned, the City Manager may remove it pursuant to the procedures set out in this section. For the purposes of this section, the term "abandonment" shall mean no publication has been displayed in the newsrack for a period of fifteen (15) consecutive days, no prior written notice has been given by the permittee to the City Manager specifying the reason(s) for nonuse, and the condition of the rack and related circumstances indicate it will not be actively used within a reasonable period of time. 5.70.055 Appeals and Calls for Review.
The City Council shall have the power to hear and decide appeals based upon the enforcement or interpretation of the provisions of this chapter. Any permittee or owner who is aggrieved by any decision of the City Manager may appeal that decision by submitting a written notice of appeal to the City Clerk within twenty-one (21) days of the date on which notice of the decision was served in the manner provided in Section
1.08.080ma+led. 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 Clerk, within twenty-one (21) days of the date on which the notice of the decision was served in the manner provided in Section 1.08.080maiced. The City Council may preside over the hearing on appeal or may designate a hearing officer to take evidence and submit a proposed decision together with findings, within fifteen (15) days from the date of the hearing. The City Council shall preside over the hearing for a call for review. The City Council shall, within thirty (30) days from the date of the hearing, render its decision on the appeal or call for review, together with findings. 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.
5.�7�Seyerability; Supplemental Provisions.
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Chapter 5.80
RETAIL SALES OF FIREARMS
Sections:
5.80.010 Duly Constituted Licensing Authority.
5.80.020 Definitions.
5.80.030 License Required.
5.80.040 Fees.
5.80.050 Revocation or Denial of License.
5.80.010 Duly Constituted Licensing Authority.
The City Manager, or his or her�rRated rep,setati e, is hereby designated as the City's licensing authority and is authorized to issue licenses for the sale of firearms pursuant to Cal. Pen Code Section 26705th^ Galif^rnia o^n^I r
5.80.020 Definitions.
B. The term "firearms" shall mean the same as that term is defined in #�e-Cal.l#emia Pen.al Code Section 16520.
5.80.030 License Required.
No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or transfer of firearms unless he or she has obtained a license from the City Manager pursuant to this Code and the Gafifernia-Cal. Pen.a4 Code and has paid the required licensing fee. The license shall not be transferrable and shall be valid for one year from the date of issue.
5.80.050 Revocation or Denial of License.
The City Manager may refuse to issue or to renew a license or may revoke or suspend an existing license on any of the following grounds:
A. The applicant or license holder has failed to comply with any of the provisions of the Cal.+#erR+a Pen.af Code.
B. The applicant or license holder has failed to comply with applicable provisions of this2 f�lor4 Xnin^BeaGh M inininol Code.
C. The applicant or license holder has failed to comply with applicable federal firearms laws and regulations.
D. The applicant or license holder has made a material false, misleading, or fraudulent statement of fact to the City in the permit application process.
In any such case, the applicant or license holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in the time and manner set forth in this section.
When the City Manager concludes that grounds for suspension or revocation or refusal to renew a license exists, the City Manager shall serve the applicant or license holder, GF IiEo^s^ holder, _with a notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080. This notice shall state the reasons for the proposed suspension, revocation, or refusal to renew, the effective date or if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council and the decision of the City Manager to suspend, revoke or refuse to renew the license. 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 Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15) days following the perSORal service ^r �'� �tof the notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080the I RMt^eSta#es mail, i whinheyer shall ^nnit first
The City Council „f the City of Newport Beach 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 City of Newport Beach. The City Council shall preside over a hearing for a call for review. The City Council shall render its decision within forty-five (45) days from the date of the hearing or, ,R the eveRt thatif a hearing officer has been appointed, within forty-five (45) days from the date 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 Civ. Proc. Section 1094.5.
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24-691
Chapter 5.90
ESCORT SERVICE
Sections:
5.90.005
Findings and Purpose.
5.90.010
Definitions.
5.90.015
Escort Service Permit Required.
5.90.020
Application for Escort Service Permit.
5.90.025
Escort Service Permit Issuance and Denial.
5.90.030
Employee Permit Required.
5.90.035
Application for Employee Permit.
5.90.040
Employee Permit Issuance and Denial.
5.90.045
Change of Business.
5.90.050
Fees.
5.90.060 Transfer and Duration of Permits.
5.90.065 Employment of Persons Under the Age of Eighteen Prohibited.
5.90.070 Age of Customer.
5.90.075 Inspection.
5.90.080 Daily Register.
5.90.085 Prohibited Activities.
5.90.090 Suspension, Revocation, Denial, Appeal, and Call for Review.
5.90.095 Applications Barred for One Year.
5.90.100 Violation and Penalty.
5..90.105 Severa-bEW.
5.90.010 Definitions.
For the purpose of this chapter, the following words and phrases shall mean and include:
A. rr f eff DreliGe: Chief eff PeliGe of the Git y of A ewpeFt Bea h er his er her designee. 24-692
B. City Manager: Gity Manager of the Gity of Newport BeaGh or his per dodo,.._ AC. Employee: Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an escort service.
BB. Escort: Any person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters.
Excluded from this definition are any persons employed by any business, agency or person excluded from the definitions of "escort service" below.
C€. Escort service: Any business, agency or person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or who introduces, furnishes or arranges for persons, who may accompany other persons to or about social affairs, entertainments or places of amusements, or who may consort with others about any place of public resort or within any private quarters. Excluded from this definition are any businesses, agencies or persons which provide escort services for older persons as defined in Cal.ifornia Welf.a-re &apd Inst.+tutions Code Section 9018.496, when such services are provided as part of a social welfare and health program for such older persons.
D€. Operator: Any person operating an escort service, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.
,
the URited States of AmeriGa, the State of e
5.90.025 Escort Service Permit Issuance and Denial.
A 1. Any person that will be directly engaged or employed in the escort service has been convicted of a violation of Cal. Health ate& Safety Code Section 11550 or a violation of Cal Pen.at Code- Sections 266i, 315, 316, 318 or 647(b), or has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the above -mentioned offenses, or that any such person is required to register under the provisions of Cal. Pen.al Code Section 290.
A 2. Any person that will be directly engaged or employed in the escort service has been convicted of any offense involving the sale of a controlled substance specified in Cal. Health ate& Safety Saf. Code Sections 11054, 11055, 11056, 11057 or 11058 or the possession for sale and/or possession of a controlled substance specified in the Cal.
Health &a-nd Saf.ety Code Sections 11054, 11055, 11056, 11057 or 11058 either in an escort service or while employed by an escort service or has been convicted in any other 24-693
State of any offense which, would have been punishable as one or more of the above - mentioned offenses.
B 6. The escort service shall comply with all provisions of this chapter and the applicable provisions of thise Newport Beach MUROGoa Code.
5.90.035 Application for Employee Permit.
B 2 e. Two front -faced portrait photos at least two winches by two inches in size taken by the City Manager or Chief of Police; and
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5.90.040 Employee Permit Issuance and Denial.
A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation in such manner as he or sheChief of Police deems appropriate into ascertain whether such permit should be issued as requested. The Chief of Police shall make or recommend approval, conditional approval or denial of the application within forty-five (45) days of filing of an application withto the City Manager. Said forty-five (45) day period may be continued for an additional thirty (30) days if necessitated by the occurrence of events beyond the control of the Chief of Police. The City Manager shall issue such permit as requested unless the City Manager makes any of the following findings:
1. The applicant has been convicted of a violation of Cal. Health &and Saf.ety Code Section 11550 or a violation of Cal. Pen.al Code Sections 2664, 315, 316, 318 or 647(b), or has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above -mentioned offenses or that the applicant is required to register under the provisions of Cal. Pen.al Code Section 290.
2. The applicant has been convicted of any offense involving the sale of a controlled substance specified in Cal. Health &aad Saf.ety Code Sections 11054, 11055, 11056, 11057, or 11058, or the possession for sale and/or possession of a controlled substance specified in the Cal. Health arid& Saf.ety Code Sections 11054, 11055, 11056, 11057, or 11058 either in an escort service or while employed by an escort service has been convicted in any other State of any offense which, if committed or attempted in this State, would have been punishable as one or more of the above -mentioned offenses.
3. The applicant has committed an act, which, if done by a permittee under this chapter, would be grounds for suspension or revocation.
4. The applicant has had a permit license to operate an escort service or to work in or about an escort service revoked by the granting authority.
5. The applicant has been convicted of an act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself, herself or another or substantially injure another or an act of violence, which act or acts are substantially related to the qualifications, functions, or duties of an employee of the escort service.
6. The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the permit application process.
7. The application does not contain the information required by Section 5.90.035.
8. The applicant has not satisfied the requirements of this chapter.
5.°�5 Existing Esc;ort Serr+Ges.
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Chapter 5.96
ADULT ORIENTED BUSINESS
Sections:
5.96.005
Intent.
5.96.010
Definitions.
5.96.015
Permit Required.
5.96.020
Application Requirements.
5.96.025
Application/Findings/ Requirements.
5.96.030
Permit Duration.
5.96.035
Permit Renewal.
5.96.040
Permits Non -Transferable; Use Specific.
5.96.045
5.°�5
Enforcement and Revocation.
Existing n
5.96.010 Definitions.
"Adult model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises.
Adult model studio shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Cal. Ed. Code Section 94930-399, et seq.of the E dU Gruen Gede
5.96.020 Application Requirements.
B. Determination of Completeness. The City Manager shall determine whether the application contains all the information required by the provisions of this Chapter 5.96. If it is determined that the application is not complete, the applicant shall be notified in writing within ten ) business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information 24-697
necessary to render the application complete. The applicant shall have thirty (30) ^a'r days to submit additional information to render the application complete. Failure to do so within the thirty (30) day period shall render the application void. Within five business days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete.
The applicant shall be notified within five days of the date the application is found to be complete. All notices required by this Ghapt shall be deemed given in the manner provided in Section 1.08.080p^R the date they are eitheF deposited iR the I IRiterd States mail er the mate UpeR Whi^h RerseRal serVi^e of si I^h Refine is RreVideE
5.96.025 Application/Findings/ Requirements.
D. The adult -oriented business shall not conduct any massage, acupuncture, tattooing, piercing, acupressure, fortune-telling or escort services on the premises.
I. The adult -oriented business shall not allow admittance to any person under the age of eighteen (18) if no liquor -alcohol is served, or under the age of twenty-one (21) if t uor alcohol is served.
X. The place of entertainment will provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise as those terms are defined in Chapter 5.96 of thise Newport Rea^" MYRiGipalCode. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the adult -oriented business will employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant will ensure that no person of the opposite sex is permitted in the restroom, that not more than one person is permitted to enter a restroom stall, and, with the exception of urination and excretion, and the necessary disrobing associated with the aforementioned bodily functions, that no person engages in any specified sexual activity in the public portion of the restroom.
5.96.045 Enforcement and Revocation.
C. Revocation Notice. Upon determining that the grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed revocation to the permittee.
Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen (15) ^alenda days of the posting or the date of service in the manner provided in Section 1.08.080pestmarl%�e eR +he Vie. The notice shall be delivered both by posting the notice at the location of the adult - oriented business and by .s.7eR the same' ^er+ified mail return receipt requested and Restage pre paid serving the permittee with the notice in the manner provided in Section
1.08.080, +e the perrRi+tee as that Rome and addFess appears eR the Rermi+ on the same date. Not later than fifteen (15) ^alendar-days after notice is served in the manner provided in Section 1.08.080the latter of the mailiRg Or Res+iRg of the Re+ice' the permittee
may file an appeal of the City Manager's determination with the City Clerk. If the appeal is filed within fifteen (15) Galendar days of the service of the notice in the manner provided in Section 1.08.080mailing or posting of the no+ino roforonGed above, the appeal hearing shall be provided as contained in subsection (D) of this section.
D. Appeal or Call for Review. Any person aggrieved by a decision to revoke a permit under this chapter may file an appeal with the City Clerk within ten (10) days of the decision. The request for the appeal shall state the grounds upon which the appeal is based. A member of the City Council, in their official capacity, may call for review any decision to revoke a permit 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. Upon receipt, the City Clerk shall schedule an appeal or call for review hearing before the City Council or an appointed hearing officer and shall provide written notice of the time, date and location of the hearing to the applicant. The City Council shall hear all calls for review. The hearing shall be held no later than forty-five (45) days from the date the request for the appeal or call for review is received by the City Clerk. The City Council shall determine whether grounds for revocation of the adult -oriented business permit exists and shall render their decision at the conclusion of the hearing or upon recommendation of the hearing officer unless the applicant otherwise consents to a continuance. 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
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24-700
Chapter 5.97
SIDEWALK VENDING PROGRAM
5.97.010 Purpose.
The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program that complies with Cal. Gov. Code Section 51036 et seq. The provisions of this chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety and welfare.
A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on street vending are necessary to:
1. Ensure no interference with:
a. The performance of police, firefighter, lifeguard and emergency medical personnel services;
b. The flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;
2. Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services;
3. Maximize public access to and along the coast; and
4. Reduce exposure to the City for personal injury or property damage claims and litigation.
B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on sidewalk vending as follows:
1. The Balboa Island Boardwalk is extremely narrow and has a high volume of pedestrians traveling in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the Balboa Island Boardwalk's popularity as a tourist destination;
2. The Oceanfront Boardwalk is under twelve (12) feet in width in places and has a centerline, which provides for a high volume of pedestrians, bicyclists, and rellerskateroroller skaters to travel in each direction. Restrictions on sidewalk vending are necessary to protect the public from injury given the Oceanfront Boardwalk's popularity as a tourist destination;
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3. East Balboa Boulevard between Adams Street and A Street, Marine Avenue on Balboa Island, and East Coast Highway between Avocado Avenue and Hazel Drive are extremely popular tourist destinations with unusually high pedestrian and vehicular traffic volumes. Restrictions on sidewalk vending are necessary to protect the public from injury given the popularity of these tourist destinations;
4. The Civic Center contains the City's emergency operation center, the headquarters for the Fire Department, and other critical infrastructure. Restrictions on sidewalk vending are necessary to ensure that fire equipment is easily accessible and critical infrastructure is maintained and accessible at all times;
5. Many of the City's parks provide passive recreational opportunities and restrictions on sidewalk vending are necessary to protect the natural resources and recreational opportunities, as well as scenic and natural character of these parks;
6. Restrictions on sidewalk vending at active parks is necessary to protect the health, safety and welfare of those persons engaged in active sports activities as well as spectators of sporting activities; and
7. Many of the sidewalks and pathways in the City are under eighth feet wide and sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.
5.97.020 Definitions.
B. As used in this chapter, 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:
1. "Alcohol" means an "alcoholic beverage" as defined in Section 20.70.020(A); or any ciinnoccE)r con+inn•
2. "Balboa Island Boardwalk" means the pathway area that borders the water and Grand Canal on Balboa Island and Little Balboa Island;
3. "Beach" means any public ocean front, or bay front beach within the City, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach areas;
(12) to tweRty twe (22) feet in width immediately adjaGeRt te the sandy oGean beaGh (except where the beaGh has been improved with parking lots, parks e-r h....l 41 .,., 4 +k. + — — fr.. 3tZ+h C++ +.. ., ;. + + ..f C Q+r.,.,+ Th., e
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4-5. "Certified farmers' market" means a location operated in accordance with Cal. Food &Aqr. Code, Division 17, Chapter 10.5 (GOMmenninn with Section 47000 et seg. ) of Division 17 of he Feed and AnriGUlfi iral Cede and any regulations adopted pursuant to that chapter, er any cl lnnosser nhantor; '()Gated at 100 ri„in renter Drove NewpeFt Beach „]llf/1rn10 Q'�G'i60 iQC TGTr-Cf ri I"TCGT�fT .i\�V�1TQri Cf 1 , 1
57. "Fire station" means any facility where fire engines and other equipment of the City's Fire Department are housed;
69. "Food" means any item provided in Cal. Health &a -Rd Safety Code Section 113781, er aRy SUGGeSSOF SeG#944;
7-9. "Heating element" means any device used to create heat for food preparation; 846. "Lifeguard headquarters" means the lifeguard facilities located at the base of Newport Pier, alongside the Balboa Pier, and on Corona Del Mar State Beach; 941-. "MaFijeaRaCannabis" means the substances defined in Section
10.70.020(A), ;
1042. "Merchandise" means any item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise;
11. Oceanfront Boardwalk" means the concrete walkwav aaaroximately twelve (12) to twenty-two (22) feet in width immediately adjacent to the sandy ocean beach (except where the beach has been improved with parking lots, parks or school playgrounds) and that runs from 36th Street to a point east of E Street. The Oceanfront Boardwalk is desianated as West Ocean Front and East Ocean Front on the official City atlas;
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142. "Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk; 24-703
1 F "Person" m and in ides .III demesiin and foreign nernoratiens T����rreas—arra�r-r ,
aSavnie+��?' s�diGatesjoint norevrpera lens partnerships of every Linn) Glubse MassaGhusetts Trust, business or Gernmen law trusts, , indiyid als transacting and Garniino on any business in the Gity; e
156. "Police station" means any facility where police vehicles and other equipment of the s Police Department are housed;
167. "Public property" means all property owned or controlled by the City, including, but not limited to, buildings, alleys, beaches, boardwalks, parks, pathways, streets, parking lots, sidewalks, and walking trails; 173. "Residential" means any area zoned exclusively as residential in Title 20 or 21 or is designated exclusively for residential use as part of a PC (Planned Community) Zoning District, Planned Community Development Plan, Planned Residential District, Specific Plan District, Specific Plan Area, or residential overlay district or their equivalent;
186. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction; 192-0. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity; 204. "Sidewalk vending receptacle" or "sidewalk vendor receptacle" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities; 212. "Sidewalk vendor" or "vendor" means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway;
223. "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor receptacles;
234. "Special event" means any special event described in Section 11.03.020(B), or any successor section;
245. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location; and
256. "Swap meet" means a location operated in accordance with Cal. Bus. & Prof. Code, Division 8, Chapter 9, Article 6L (^ommenning with Section 21660 et seq of (`W-ter 9 of Division 8 of the Business and Professions (`r+rle e and any regulations adopted pursuant to that chapter, or any G GGeccer nhapter. 24-704
5.97.030 Permit Required.
A. No person, either for themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a permit from the Finance Director, ^r the FiRaRGe-DFFeGtGr s desigRee— under this chapter.
B. A written application for a sidewalk vendor permit shall be filed with the Finance Director, or FonanGe Dire^+^r's designee on a form provided by the City, and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk vendor;
2. The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;
4. The number of sidewalk vending receptacles the sidewalk vendor will operate within the City under the permit;
5. The location(s) in the City where the sidewalk vendor intends to operate;
6. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
7. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel;
8. The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit and any signs that will be affixed thereto;
9. Whether the sidewalk vendor will be selling food, merchandise, or both;
10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element, if any;
11. If the vendor is selling merchandise, a description of the merchandise to be sold;
12. A copy of the health permit required for any sidewalk vendors selling food, as required by Chapter 6.08, or aRY SUGGeSS^r Chapter;
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13. Proof the person possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor's permit;
14. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, State, and federal laws;
15. A certification that, to their knowledge and belief, the information contained within the application is true;
16. An agreement to indemnify the City, as approved by the City Attorney agreement; Aim-agF--}enf by the sidewalk VeRdnr to defeRd iRd8MRify, release ,
GE)UFt Gec}c1 ^f eVerY kind and Rat ire wh�aeyer�Gnay arise from or in apy aaGtiVi�. This inidemnifiiGR all include bUt not he limited W damages
��r�r-rrracrrmmTF,aun--rrTcru�aar-rrv-c- r��-rtCG--tt�ly-ATrrac�c�� ,
the permittee, Gity, and/or the parties initiatiRg or bringiRg SUGh ,
17. An acknowledgement that use of public property is at the sidewalk vendor's own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk;
18. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by the CI#y's-Risk Manager;
19. If the sidewalk vendor has operated in the City in the past, proof of prior sales tax allocation to the City; and
20. Any other relevant information required by the Finance Director,or the Finance Direeter°s designee
C. Each application for a sidewalk vendor permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall not be necessary for the permittee to obtain a City business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the City.
5.97.040 Issuance of Permit.
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A. Within thirty (30) ^aInar days of receiving a complete application, the Finance Director, orthe anGe Dire^+^r's designee may issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;
4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
5. The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter;
6. The sidewalk vendor has not had a permit revoked within the past twelve (12) months;
7. The sidewalk vendor's application contains all required information;
8. The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;
9. The sidewalk vendor has satisfied all the requirements of this chapter;
10. The sidewalk vendor has paid all applicable fees as set by City Council resolution;
11. The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;
12. The sidewalk vendor has adequate insurance coverage to protect the City from liability associated with the sidewalk vendor's activities, as determined by the rity's Risk Manager, or Risk nA�°�^� is designee, and if required by the Gity, c�-v--ucvr designee, and, cc
the City has been named as an .additional insured; and
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13. The sidewalk vendor has satisfactorily provided all information requested by the Finance Director, or the F;,,anGe DireGt^r's designeA , to consider the vendor's application.
B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.
C. All permits issued under this chapter shall expire twelve (12) months from date of issuance.
5.97.070 Penalties.
D. The Finance Director, or the FonanGe DoreGt^r's designeA , may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation.
5.97.080 Appeals.
A 1. Any recipient of an administrative citation may request an ability -to -pay determination, contest that there was a violation of this Ce-Gode, and/or that he or she is the responsible person, by completing a request for hearing form and returning to the City's Finance Department in accordance with Section 1.05.060(A), seEtien. Notwithstanding the time limits set forth in Section 1.05.060(A), any person requesting a hearing and ability -to -pay determination may file the request within the time frames set forth in Cal. Gov.erRmeRn Code Section 51039(f)(1), ^r aRy s innesser seGt;^„ A4b.= If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Cal. Gov.ernment Code Section 68632, ^r any S iGGesser SeGt;^r,, the Hearing Officer shall order the City to accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this chapter;
A 6. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:
a. The Hearing Officer may uphold or deny the administrative citation or take any other action within the Hearing Officer's power;
b. If the Hearing Officer determines that the administrative citation should be upheld and a fine assessed, then the amount of the fine assessed that is on deposit with the City shall be retained by the City and any remainder on deposit with the City, if any, shall be promptly returned;
C. If the Hearing Officer determines that the administrative citation should be denied, or imposes an alternative disposition, and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine; 24-708
d. The decision of the Hearing Officer shall be final as to the City but subject to judicial review pursuant to Cal. Gov. Code Section 53069.4; and e. The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision in the manner provided in Section 1.08.080—,-ar aRy S i^^occer SeGtiOn
B. Decisions of the Finance Directorerthe FonanGe D;reGter's designer to revoke a permit shall be appealed in the following manner:
1. Appeals shall be initiated within fifteen (15) GaleRdar of service of notice of the decision in the manner provided in Section 1.08.080, seGtieR;
2. Appeals of decisions shall be made in writing on forms provided by the City;
3. Decisions that are appealed shall not become effective until the appeal is resolved;
4. All appeals of decisions shall be heard by a Hearing Officer designated pursuant to Section 1.05.070(A), er aRy SUGGeSSGF SeGt , and the Hearing Officer may be disqualified as provided in Section 1.05.070(B), er aRy SUGGeSSGF se;
5. The Hearing Officer shall have the powers set forth in Section 1.05.070(C)(1) through (4) and (6), or on„ SU^^occOr se Gtk,n;
6. A hearing before the Hearing Officer may be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The City and responsible person may mutually agree to waive, modify or change the date of the proceeding;
7. All appeals of decisions shall be conducted in accordance with Section
1.05.080(B), (D), (F), and (G), or on„ S GGesser seGtinn and shall comply with the following additional procedures:
a. At least ten (10) days prior to the hearing, the responsible person requesting the hearing shall be provided with copies of the citations, reports and other documents or evidence submitted or relied upon by the Finance Director, ^r the Finon^o DireGter's idesi` Ree;
b. No other discovery is permitted. Formal rules of evidence shall not apply. Administrative hearings are intended to be informal in nature. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules, which 24-709
might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. Irrelevant and unduly repetitious evidence shall be excluded;
c. The failure of any responsible person who has filed an appeal to appear at the hearing shall constitute a failure to exhaust their administrative remedies;
8. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing and shall list in the decision the reasons for that decision:
a. The Hearing Officer may uphold or deny the decision and the decision of the Hearing Officer shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5: and b. The responsible person who has filed an appeal shall be served with a copy of the Hearing Officer's written decision, by the City Clerk, in the manner provided in Section 1.08.080, or aRy SUGGessor c^�+;^n 24-710
IturX.1
HEALTH AND SANITATION
6.04 Garbage, Refuse and Cuttings
6.05 Use of Expanded Polystyrene Disposable Food Service Ware
6.06 State Mandated Municipal Solid Waste Diversion Programs
6.08 Food Handling Services
6.25 Regulation of Smoking in Public Areas and Work Faces 24-711
Chapter 6.04
GARBAGE, REFUSE AND CUTTING
6.04.020 Definitions.
"Municipal solid waste" or "MSW" means putrescible and non=putrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under Safifern+a Cal. Health & aad-Safety Code Section 114960 et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, Cal.ifeFR+a-_Health &ate Safety Code Section 117600 et seq.
6.04.040 Leaf Blowers.
A. Definitions.
1. "Leaf blowers" shall mean any air blowing machine that uses a concentrated stream of air to, propel or blow dirt, dust, leaves, grass clippings, trimmings, green waste, solid waste or debris. This definition shall include "mechanical blowers" as that term is used in Chapter 10.28. "Leaf blowers" shall not include any leaf or refuse vacuum.
2. "Common interest development" and "association" shall be defined as those terms are defined in Cal_.ofern+a CiOl Code Sections 4100 and 4800, respectively, 1 351 or any S iGGessor statute.
6.04.060 Collection of Solid Waste and Divertible Materials.
B. No person, except an individual acting within the course and scope of their agency or employment with the City, a sanitary district, or a private collector licensed or contracted by the City, shall manipulate or remove from any place or premises in the City, or transport over public streets, any solid waste, or divertible materials.
E 1. Any person, with the permission and consent of the property owner, from gathering and F8MOVinn solid waste, construction and demolition debris, green waste and/or wood waste generated by construction, landscaping or gardening on the property when the solid waste and/or divertible material have not been set out for collection by the City, a sanitary district, or a private collector licensed or contracted by the City; provided, that such activities are in compliance with all provisions of this Code including, but not limited to, the provisions of Chapter 6.06;
24-712
E. 3. The immediate removal by any person of solid waste, food scraps, and other divertible material which the Health Officer, Code Enforcement Supervisor, City Manager or his/her designee Fire Chief, Building Official, Public Works Director, or their agents have determined to constitute a nuisance or an immediate threat to the public health, safety and welfare;
24-713
6.04.100 Prohibited Material.
A 6. Liquids, paints or any substance the disposal of which is regulated by the Federal Hazardous Substances Act, the Carpenter -Presley -Tanner Hazardous Substance Account Act, or regulations adopted pursuant thereto;
6.04.140 Costs Defrayed from Ad Valorem Tax Revenue.
The cost and expense of collecting, hauling away and disposing of garbage, refuse and cuttings, as those terms are defined by Sections 6.04.010, 6.04.020 for any dwelling or dwelling unit, existing or future, within the boundaries of the City as of November 1, 1996, that receives curbside container refuse collection service from the City, shall be defrayed exclusively from the ad valorem tax revenues of the City. [Note: The definition of "garbage, refuse and cuttings" referred to in Ordinance 96-46 adopted by the voters is now set forth in Section 6.04.020.]
6.04.200 Prohibited Disposal.
B. On Own Property. No owner of real property shall throw, deposit or leave, or knowingly permit another to throw, deposit or leave, solid waste or divertible material on such real property, nor shall he or she fail, neglect or refuse to wholly remove solid waste or divertible material from such real property, within three days after receipt of written notice by the Code Enforcement Supervisor, or Public Works Director or their desinnee to do so.
6.04.230 Violation, Penalties and Enforcement.
A. all he unlawful for any person to violate any nr to fail to GOFnpl i With any of the , rvi _, ents of this Ghapter.
B. Arpersvvni -vielatiRg o f the previsions or failing to Gem with any of the requirements of SeGtieR 6.04.060 shall —be—guilty of a rnisdemeaROr pursuarye previsions of 1.04.010(C) however, the vielat+en may be prosecuted —as a ,RfrGt+e R pursuant te th e provisions of S eGt+eR 1.84.01 O{Ay.
G. Except for violations of Section 6.04.060, which may be prosecuted as a misdemeanor or infraction, any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an infraction pursuant to the provisions of Section 1.04.010(A).
D. in addition to, or separate frern, the foregoing GriMiRal peRalties, any perSeR vielatiRg aRY ef the , ovisioiis er failing to comply with any of the requirements of this Ghapter is
1.04.010(E) and Chapter 1.05.
24-714
Chapter 6.05
USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE
6.05.010 Definitions.
I. "Restaurant" means any establishment located within the City of Newport Beach that sells prepared food for consumption on, near, or off its premises by customers. "Restaurant," for purposes of this chapter, includes mobile food preparation units as defined in Sections 6.08.120 and 6.08.130 of the City of thise Newper+ Beach nay �nininol Code.
6.05.040 Undue Hardship.
A. The City Manager herdesigRee—may exempt a food provider from the requirements of this ordinance for up to a one-year period, based upon a written request from the applicant containing sufficient information to determine that the conditions of this ordinance would cause undue hardship. An "undue hardship" shall be found in the following situations:
1. Situations unique to the food provider where there are no reasonable alternatives to expanded polystyrene disposable food service ware and compliance with this chapter would cause significant economic hardship to that food provider;
2. Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded polystyrene food service ware.
A food vendor granted an exemption by the City must reapply prior to the end of the exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.
B. An exemption application shall include all information necessary for the °ccTCity Manager er his/her designee to make hey a decision, including but not limited to documentation showing the factual support for the claimed exemption. The °ccrCity Manager or his/her designee may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application.
C. The Assistant City Manager er his/her designee may approve the exemption application, in whole or in part, with or without conditions.
6.05.050 Enforcement.
Any person violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction pursuant to Section 1.04.010, and shall he ., ,hie„t to Gitati„n end fines pursuant to Chapter 'I 05, Newperf Beenh M ininipal Gene 24-715
24-716
Chapter 6.06
STATE MANDATED MUNICIPAL SOLID WASTE DIVERSION PROGRAMS
6.06.010 Definitions.
"Director" means the Director of the Public Works Department or his or her designee "Food facility" shall have the same meaning as that term is defined in Section 113789 of the Gaa+ferRia Cal. Health &and Safety Code.
"Food recovery organization" means an entity that collects or receives edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to, a: (1) food bank as defined in Section 113783 of the Cal. Health &and Safety Code; (2) nonprofit charitable organization as defined in Section 113841 of the Cal. Health &and Saf.ety Code; and (3) nonprofit charitable temporary food facility as defined in SeGtieR 113842 0 the -Cal. Health &and -Safety Code Section 113842. For purposes of this chapter, a food recovery organization is not a commercial edible food generator. "Food scraps" means discarded material resulting from the production, processing, preparation or cooking of food for human consumption that is separated from municipal solid waste and includes surplus or unsold edible food, raw food left over after food preparation, leftover cooked food, as well as spoiled food such as vegetables, culls, and plate scrapings. Food scraps include food from food facilities as defined in CafifeFia-Cal.
Health &and Saf_.ety Code Section 113789, food processing establishments (as defined in Gati#erRia-Cal Health &and Saf.ety Code Section 111955), grocery stores, farmers' markets, institutional cafeterias (such as schools, hospitals and assisted living facilities), restaurants, and residential food scraps. For purposes of this chapter, "food scraps" does not include edible food for human consumption that is donated or sold or food soiled paper.
"Municipal solid waste" or "MSW" means putrescible and non-putrescible solid and semisolid wastes generated in or upon, related to the occupancy of, remaining or emanating from any premises within City including, but not limited to, garbage, trash, rubbish, refuse, ashes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. For purposes of this chapter, "municipal solid waste" does not include recyclable materials, food scraps, green waste, wood waste or construction and demolition debris which shall be separated and segregated from municipal solid waste for diversion and/or (1) hazardous waste or household hazardous waste, (2) low-level radioactive waste regulated under CatiferRia Cal. Health &and Safety Code Section 114960 et seq. or (3) untreated medical waste which is regulated pursuant to the Medical Waste Management Act, Cal_.ifern+a Health &and Safety Code Section 117600 et seq.
"SB 1383 generator" means all entities that generate food scraps, green waste, wood and other material that can be collected, recovered, and recycled into new products including 24-717
compost, biofuel, or electricity, as codified in Cal. Pub.44e Resources Code Section 42652, in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
6.06.080 Reporting, Inspections, and Compliance Verification.
A. The City's representatives and/or designee afe s authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this chapter by AB 341 generators, SIB 1383 generators, property owners, commercial edible food generators, haulers, self -haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not authorize the City or its designees to enter the interior of a private residential property for inspection.
B. Generators shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee ^er its �'�nee—during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.
C. Any records obtained by the City during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Cal. Gov.ernrnenn Code Section 6250 et seq.
D. The City's representatives arld/er designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be potentially noncompliant, including receipt of anonymous complaints.
6.06.100 Diversion Programs Required at Special Events.
I. The promoter, coordinator or responsible party shall submit the following information to the City within thirty (30) Galerldar days of the end of the special event:
1. Name and date(s) of the special event;
2. Contact information for the responsible party, promoter or coordinator;
3. Address of location where event was held;
4. Number of attendees for each day of the event;
5. Quantity of municipal solid waste collected and disposed; 24-718
6. Quantity of recyclable materials collected and diverted;
7. Quantity of food scraps collected and diverted; and
8. Copies of weight tickets from municipal solid waste disposal facility and all permitted processing facilities where recyclable materials and food scraps were delivered.
6.06.110 Requirements for Commercial Edible Food Generators.
A. Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18995.14-4.
C 4. Allow the City er its desigRee to access the premises and review records pursuant to 14 CCR Section 18991.4; and
D. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 „f PaFt 27 .,f Di"icinn 4 of Title 2 of the Cal. Ed.UGat+en Code Title 2, Division 4, Part 27, Chapter 9, and to amend SeGtiGR 11 Z n'9n-f �ke-Cal Health &and Safety Code Section 114079; relating to food safety, as ameRded, supplemented, supand Tepla� d frtome to tome.
6.06.120 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies.
C. Food recovery organizations and food recovery services that have their primary address physically located in the City and contract with or have written agreements with one or more commercial edible food generator pursuant to 14 CCR Section 18991.3(b) shall report to the City it is leGate the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b)„e later th R March 31, 2022.
6.06.140 Waivers.
E. The Director's decision shall be final thirty (30) Galendardays after notice is provided to the applicant in the manner provided in Section 1.08.080, unless appealed to the Assistant City Manager within that time frame. Any appeal shall be submitted to the Assistant City Manager on a form approved by the Assistant City Manager along with the appeal fee. If appealed, the Assistant City Manager shall complete his/her review and issue a written decision upholding, overturning or modifying the decision of the Director within thirty (30) G^l�„eRdar days. The decision of the Assistant City Manager shall be final. 24-719
6.06.150 Enforcement.
-- - - - -- -- -- - --
-
MOM
- -- -- -- - - -
- - - - -
• r ,
r
AD. Process for Enforcement.
1. The Public Works Director er his/her decigRee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 6.06.080 establishes the City's right to conduct inspections and investigations.
2. The City may issue an official notification to notify regulated entities of its obligations under this chapter.
3. The City shall issue a notice of violation requiring compliance within sixty (60) days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the notice of violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Chapter 1.05 (Administrative Code Enforcement Program).
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.
B€. Penalty Amounts for Types of Violations. The penalty levels are as set forth in Section 1.05.020 subject to any minimum or maximum penalty amounts imposed by SIB 1383.
24-720
C. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in recycling infrastructure or edible food recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
D.G-. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Section 1.056.060.
EH. Education Period for Noncompliance. Beginning January 1, 2022, and through December 31, 2023, the City will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that a food scrap and green waste generator, self - hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
Fl. Civil Penalties for Noncompliance. Beginning January 1, 2024, if the City determines that the SB 1383 generator, self -hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section. 24-721
Chapter 6.08
FOOD HANDLING SERVICES
6.08.010 Authorization.
The purpose of this chapter is to authorize the County Health Officer to enforce and observe in the City of Newport Qea^h all orders and quarantine regulations prescribed by the State Department of Health Services, the California Health and-& Safety Code and all other applicable statutes and regulations relating to public health, pursuant to the authority of Cal.ifern+a Health &and Safety Code Section 101375.
6.08.020 Definitions.
The following terms used in this chapter shall have the meanings indicated below, a-nd California Health a�aafrety Conde after jaRuary 1, 19
"Certified farmers' market" shall be as defined in Cal. Health & Saf. Code Section 1137425 of the GalifeMia Health and Safety Code.
"Commissary" shall be as defined in Cal. Health & Saf. Code Section 1137510 of the California Health and Safety C ."Feed est lichrm all he as defined in Senn a-r-arra-vurety--trFide.Tvva-cam rrr urr�crr� rr�v�rrvcc rr 113780 of the Califernia Health avid Safety Code.
"Food facility" shall be as defined in Cal. Health & Saf. Code Section 1137895-ef the GalifGFRia Health and Safety Code.
"Food processing establishment" shall be as defined in Cal. Health & Saf. Code Section 111955ofthe California Health r Rd -oaf orde
"Inspector" means a registered environmental health specialist, as defined in Cal Health &and Safety Code Section 106615, employed by the Health Department, or the Health Officer or any deputy Health Officer authorized to inspect premises or equipment for the enforcement of this article.
"Mobile food preparation „nitfacility" shall be as defined in Cal. Health & Saf. Code Section 11383115 of the Galifornia Health avid Safety Code. 96n--------I----I- - - - -- _- --I. --A _1__„ 1-- ---1-I1----1 --- �--1---- AA "Person" meaRs aRY iRdividual, firm, paFtRership, GerpOratiOR, aSSOGiatien or other legal entry.
"Produce stand" shall be as defined in Cal. Health & Saf. Code Section 11387955 of the CaliferRia Health and Safety Cocle.
"Restricted food service transient ,,GGUpanGY establishmentfacility" shall be as defined in Cal. Health & Saf. Code Section 113893
24-722
"Satellite food distribution fanili+"service" shall be as defined in Cal. Health & Saf. Code Section 11 389980 of the California Health aa.frCode.
"Temporary food facility" shall be as defined in Cal. Health & Saf. Code Section 1139303895 of the Galik)Miia S
Health and safety
., Cede.
"Vehicle" shall be asdefinedeGtir'�Q�the California Health and Safety Code be as defined in Cal. Veh. Section 670.
"Vending machine" shall be as defined in Cal. Health & Saf. Code Section 11399383-ef the California Health avid Safety
ode.
6.08.030 Permit Required —Conditions and Terms.
A. It shall be+s unlawful for any person to operate any food facility, vending machine business, feed nrenessiRg establishment or any other food handling business within the City of Newport Beach without first applying for and receiving a food vending permit issued by the Health Department under the provisions of this chapter.
B. Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this chapter and such other information as the Health Department may require. Applicants for a permit to operate a mobile food nrenaratien „ Afacility shall, in addition, provide a list of threes service stops which shall include the address of exact location and time of each stop.
6.08.040 Construction, Conversion and Alteration.
A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this chapter, shall submit three Qcopies of the complete plans and specifications to the Health Department for review and approval pursuant to the applicable requirements of the Cal.
Health & Saf. CodeGalif9FRia Health�afety Cede. The Health Officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances.
6.08.060 Notice of Violation.
When any State laws, this chapter, or Department rules and regulations have been violated, an inspector may serve a written notice entitled "notice of violation," specifying:
F. That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the Health Department does not receive notice that all such corrections have been made before 9:OOn+ne a.m. of the date specified under subsection (D) of this section, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
6.08.070 Hearing.
24-723
A. The hearing shall be held by a hearing officer who is the Health Officer or his or her duly authorized representative and a qua &i registered environmental health specialist as defined in Cal. Health & Saf. Code Section 106615 of the Health and Safety Code and registered as provided in Cal. Health & Saf. Code Section 106710 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken.
B. The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within fifteen (15) GaIGRdardays after receipt of the notice. A failure to request a hearing within fifteen (15) Gale;dar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen (15) day period to expedite the permit suspension or revocation process.
C. The hearing shall be held within fifteen (15) GaleRdar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.
6.08.090 Summary Suspension.
C. At anytime within fifteen (15) Galendar days after service of a notice pursuant to subsection (B) of this section, the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within fifteen (15) GaleRdar days of the receipt of a request for a hearing. A failure to request a hearing within fifteen (15) GaleRdar days shall be deemed a waiver of the right to such hearing.
6.08.120 Mobile Food Preparation Units Generally.
In addition to all other applicable provisions of the Cal. Health &and Saf.fEq Code and of this chapter, mobile food preparation units shall comply with the following safety requirements:
6.08.140 Fees.
Applications for a food vending permit shall be filed with the Health Department on a form to be provided by the Department. Applications shall be accompanied by payment of the required fee. The required fee shall be any such fee adopted by resolution of the County Board of Supervisors to be paid by the permittee directly to the Health Officer and retained by the County as reimbursement for services related to this chapter, as authorized by Section 101325 of the Cal.+#srRia Health &and Safety Code. 24-724
Chapter 6.25
REGULATION OF SMOKING IN PUBLIC AREAS AND WORKPLACES
Sections:
6.25.005 Purpose and Intent.
6.25.010 Definitions.
6.25.020 Regulation of Smoking in Public Places.
6.25.025 Regulation of Smoking in Restau Disposal Where Smoking is PrnhihifPH `'J`'
6.25_030_ Regulation of Smoking in Planes of Employment.
6.25.040 Posting of Signs Required.
R 25 050 StruGtura1 Merlifiea+ions Not Required
6.25.060 Penalties.
6.25.070 SeveraboW.
6.25.005 Purpose and Intent.
The City Council finds and declares as follows:
A. There is ample evidence to prove that the smoking of tobacco and other substances is a danger to the health of smokers and others who, because of proximity to the smoker or inadequate ventilation, are subject to the smoke; and B. The presence of smoke in the environment also constitutes a material annoyance and discomfort to non-smokers and may reeQoe�uGtiyitnv inGF ase disharmeny ameng GO -workers;
0 C. The California Legislature has determined that tobacco smoke is a hazard to the health of the general public and has empowered local public entities to ban or regulate smoking in any manner not inconsistent with State law; and D. This ordinance furthers the public health, safety and welfare by prohibiting smoking in certain public areasa;-,a regulatiRg smoking
inthe OffiGe Fkplone so as to minimise
the tevin effeGtS of smekiRg by req airing .ten a pley adept a nelin�i that will irrc-cv�cr� vr�ri�vmrT9�T "' ' ' M'"J
aGGeMmedate, se far as
o
6.25.010 Definitions.
The following words and phrases shall be construed in accordance with these definitions unless it is apparent from the context that a different meaning is intended. 24-725
"Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress and is not intended to mean areas commonly described as public lobbies.
,
d•omnan\/, OFgaRiZation or legal entity of aRy kind.
"Employee"
shall rneaR aRY peFSOR defined as SUGh OR 3351 of the Labor Code and aRY �iol„nteerasspeGified OR SeGtiens 33 1 '2361 F '2363 F or `2'. 63 6 of the Labor Code. vvra-rr vv ,�. .�vTv � vvvv�vrv.�vvvvr
as „
GOPPeFatieR, who employs the eP�oeTs of more than fo„r nE?FGonrss TlaGe of employment"
shal' mean any eRGIesed area under the Gentrel ef a private of he regulated by this erdlinanoe
"Smoke" or "smoking" means and includes inhaling, exhaling, burning, or carrying any lighted smoking equipment for tobacco, cannabis, or any other weed or plant. "Smoke" and "smoking" shall include inhaling or exhaling e-liquid, vape juice, nicotine, cannabis, cannabidiol, terpenes, synthetic cannabinoids or other chemicals or substances in an aerosolized or vaporized form.
6.25.020 Regulation of Smoking in Public Places.
It shall be unlawful to smoke in the following places:
A. Elevators. Smoking is prohibited and is unlawful within elevators in buildings generally used by and open to the public, including elevators in office, hotel and multi -family buildings.
B. Hospitals and Health Care Facilities.
Smoking is prohibited and unlawful ifn public areas of health care facilities and hospitals, as defined in Cal. Health & Saf. Code Section 1250, of the Califernia Health and Safety Code, wn itiRo r�eern? publin hallways endl Iehhies all smekine iss n b#ed- except in specially designated smoking areas, which may be all or part of a public area.
Every publiGly eF privately OWRed health Gare faGility, iRGIudiRg hospitals, shall make a thereafter assign patieRtS te rOeMS OGGUpied by perSORS whe share the same prefereRGe.
3. IR reems and areas occupied by two er more patieRtS, smoking shall be prehibited for hospital , s end! ever public. "STAFF AND VISITOR SMOKING rvi--nvvp,c , t��, c+,-rcr- �c,-rcr ,ram. — T,--r—rc,
PROHIBITED" si`vns shall he sensnin„e„slY nested in s„nh areas C. Public Meeting Rooms. Smoking is prohibited and is unlawful in hearing rooms, conference rooms, chambers, and places of public assembly in which public business is 24- 726
conducted, when the public business requires or provides participation or observation by the general public.
D. Theaters and Auditoriums. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium, or other similarly enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage production, musical recital, sporting event, or any other performance event ovnon+ in areas not open to general p blip and in an area whiGh serves as a lobby. Every ewner anrJ/nr theater, audit ther enGlesed faGilitY used for the purposes e
theaters, SUGh shall be shown upon the SGreen for at least five SeGGRds before shGWinn feature MOtinn niGt urns
F. indooFService Lines. Smoking is prohibited and is unlawful in +odeer service lines in which more than one person is giving or receiving services of any kind.
G. Areas Posted as No Smoking. Smoking is prohibited and is unlawful within fifty (50) feet of any area posted as a non-smoking area.
H. Schools, or Day Care Center. Smoking is prohibited and unlawful within 1,000 feet of a school, or day care center.
I. Outdoor Dining. Smoking is prohibited and unlawful within fifty (50) feet of any outdoor dining area lawfully provided by an eating and drinking establishment.
J. Parked Vehicle. Smoking is prohibited and unlawful in any vehicle that is parked on public property, if the smoking is detectible outside of the vehicle.
K. Parks, Beaches and the Oceanfront Boardwalk. Smoking is prohibited and unlawful in any public park, park facility, beach, or the oceanfront boardwalk or within one hundred (100) feet of a public park, park facility, or beach, while the person is located on public Property. This prohibition shall not apply to a person in an alley or in a car or truck that is being driven.
L. Farmers Markets. Smoking is prohibited and unlawful within fifty (50) feet of any farmers market or event that is being conducted pursuant to a special event permit issued by the City.
6.25.025 Disposal Where Smoking is Prohibited.
No person shall dispose of any cigarette, cigar, tobacco, or any other instrument used to smoke or any part of an instrument used to smoke including, but not limited to, cigarette or cigar butt(s), ashes or used matches in any place where smoking is prohibited under this chapter, except any specifically designated smoking waste receptacle. Punishment under this section shall not preclude punishment pursuant to Health & Saf. Code Section 24-727
13002, Pen. Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
6.25.025 Regulation of Smoking in Restaurants.
Any restaurant whiGh has an approved eGGupanGy lead of mere than fifty (50) perse r • r
• • r •
1 1 •
1 •
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WIN. •
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24-728
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1 1
11 1
1 1
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to inGur any expense to make strUGtural or other physiGal modifiGations to existi. 1 G. Nothing OR this SeGtion shall relieve any person frern the duty te pest so PE)IiGies as required by this Ghapter,
6.25.060
A. it shall be unlawful to wilfully mutilate or destroy any signs required by this seGtieni B. it shall be unlawful to srneke On any area posted as a non smoking area, G. ....
lianGe with the requirements ef this erdinanGe relative te t . . . rhi it mirrinhnoi
■
Section9-.—The violation of any provision of this ordinance, or the failure to comply with any du imposed by this ordinance, shall be an infraction punishable by a fine as provided i 04 of Code.
24-729
r
1 1
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r
24-730
Chapter 7.04
DOGS*
7.04.010 Definitions.
"Dog" means he term "dog" shall mean and ;nGlude any dog or canine. "Emotional support dog" means a dog that provides emotional, cognitive, or other similar support to an individual with a disability, and that does not need to be trained or certified. "Guide dog" means a guide dog that was trained by a person licensed under Cal. Bus & Prof. Code Section 7200 et. seq. or as defined in the regulations implementing Title III of the Americans with Disabilities Act. beina 42 U.S.C. Sections 12101 et sea.. and does not include an emotional support dog.
"Service dog" means a dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items and does not include an emotional support dog. "Signal dog" means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds and does not include an emotional support dog.
7.04.020 Leash Required.
No person having the care, charge or control of any dog shall cause or allow, either wilfull willfully or through failure to exercise due care or control, such dog to be present upon any beach, street, alley, or public place, or upon any private property or premises other than his or her own without written consent of the owner or lessee of such land unless such dog is securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person competent to restrain such dog. This section shall not be construed as allowing dogs on leashes in the areas from which dogs are prohibited as designated by Sections 7.04.025, 7.04.030, and 7.04.050. This section shall not apply to any State, federal or local government law enforcement officer while performing their duties.
7.04.025 Prohibited on School Grounds.
No person having the care, charge or control of any dog shall cause or allow, either wmlful�y or through failure to exercise due care or control, such dog to be present on or in any public school property other than when specifically invited by the school administration.
The prohibitions contained in this section shall not be applicable to: any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or any State, federal or local government law enforcement officer while performing their duties.e dog whole being used by a blond peFSen previded that the deg is en leash, GarFieS Glearly 24-731
visible odentifiGatien, and the persen on Gharge has an OffiGial identifiGation Gard issued for s,,nh purposes
7.04.030 Animals Prohibited on Public Beaches.
D. The provisions of this section shall not be applicable to:
1. Any animal enrolled and participating in obedience classes offered by the Recreation and Senior Services Department of the City or in any show for which the City has issued a special event permit;
2. Any guide dog, service dog, or signal dog as defined by the A merinans with Disabilities AGt ("ADA°°) or any dog being trained to be a guide dog, service dog signal dog as defined by the Ano pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposesi-
3. Any State, federal or local government law enforcement officer while performing their di Ifiac
7.04.050 Dogs Prohibited.
D. The provisions of this section shall not apply to: any guide dog, service dog, or signal dog or any dog being trained to be a guide dog, service dog signal dog pursuant to a recognized program of training, provided the dog is on a leash and the person in charge has an official identification card issued for such purposes; or any State, federal or local government law enforcement officer while performing their duties. anu Wind person ,,sine a guide ides nreyiiderd the ides is on a leach
7.04.100 Biting Dog —Report —Custody and Control.
If the possessor or custodian of such dog cannot provide the Chief of Police with proof of current rabies vaccination or when, in the opinion of the Public Health Officer, the situation warrants it, such dog shall be impounded at the City's animal shelter and the expense shall be borne by the owner, possessor or custodian of such dog, pending a petition pursuant to Cal.a Food &and Agr+_cfal Code Section 31601 et seq. to have the dog declared potentially dangerous or vicious.
This section shall not apply to any dog working with a State, federal or local government law enforcement officer.
24-732
Chapter 7.06
HORSES PROHIBITED ON BEACHES
7.06.010 Horses Prohibited on Beaches and Parks.
No person having the care, charge or control of any horse, mule or donkey shall permit or allow such animal to be present upon any beach or public park in the City. This section shall not apply to any: State, federal or local government law enforcement officer while performing their duties; person utilizing the animal in accordance with a valid special events permit issued pursuant to Chapter 11.03; or person who is disabled who is using a miniature horse that has been individually trained to perform a specific task for the person with the disability.
7.06.020 Penalty.
It shall be unlawful for any person to violate or fail to comply with the provisions of Section
7.06.010 of this Code. Any person violating or failing to comply with any of the provisions of said section shall be guilty of an infraction.
infraGtoen Ban! SGhedule used by the Orange Geunty MuniGipal Gel 24-733
Chapter 7.08
WILD ANIMALS
7.08.010 Wild Animal Defined.
The term "wild animal" means and includes any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in Title 14-G�f- CCR California Code of Rego „lati„ns Section 671, or its successor regulations. This section shall not be construed to include domestic dogs or cats.
7.08.040 Permit for Keeping Wild Animals.
C. Conditions —Issuance. The Chief of Police may issue a permit, valid for one year, for the keeping of any wild animal if the Chief of Police-4e determines that such animal may be kept or maintained without menacing the safety of any person or property; provided, however, that the City MaRa .orChief of Police may impose such conditions in granting a permit as the Chief of Police4e may deem necessary to protect the public and may limit the term of such permit.
D. Notice of Action. The applicant shall be notified in writing of the action of the Chief of Police in either granting or denying the permit and, if the application has been denied, the notice shall advise the applicant of the applicant's his right to appeal to the City Council.
Service of the notice shall be made in the manner provided in Section 1.08.080 may made by peFSORal serViGe or by registered mail. if s_1 Vi-_ I'S Made by mail, it shall be deemed Gemplete UPOR deposit On the United States Mao! direGted to the appliGant at his_ latest address shown on the application
24-734
Chapter 7.15
FOWL
7.15.020 Pigeons.
No person shall keep, maintain or have in his possession within any residential district in the City of Newport Beach any homing or racing pigeons without first obtaining a permit from the City Manager as provided in Section 7.08.040 of thise Newport BeaGh nn,,niGi,,�� Code.
24-735
Chapter 7.16
ANIMALS AT LARGE —IMPOUNDING
Sections:
7.16.010
Animals at Large.
7.16.020
Impoundment.
7.16.040
Taking Possession of Animals —Notification.
7.16.050
Impoundment Fees.
7.16.060
7.1 6 070
Vivisection of Impounded Animals.
Penalty.
24-736
Chapter 7.16
ANIMALS AT LARGE — IMPOUNDING
24-737
Chapter 7.20
ANIMAL NUISANCES
7.20.020 Nuisances Committed by Animals.
C. The provisions of this section shall not be applicable to:
1. Any animal enrolled and participating in obedience classes offered by the City or in any show for which the City has issued a special event permit;
2. Any guide dog or service dog, as defined by Section 7.04.010, while being used by a blind person or aRy deg heiRg mire d +�e7 pguidee ���� hliRd P FG aRt to a leash and the perseR. on Gharge
has aR Gffinial irdeRtifiGatiGR Garr! issued f()r S Ghod purposes;
3. Any Mond pers6Tr.
24-738
Chapter 7.25
APIARIES
7.25.010 Keeping of Apiaries —Prohibited.
It is unlawful for any person to maintain or keep an apiary as that term is defined in SeEtien 29002 of the Cal.ifernia Food and& Agr.iGultural Code Section 29002 in any residential area within the —..I of I�loe,port BeaGhCit
24-739
Chapter 7.26
PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER
WATERFOWL
Sections:
7.26.010 Findings.
7.26.020 Prohibition on Incubation.
7.26.030 Prohibition on Feeding of Waterfowl.
7.26.050 First and Second Violations —Warning and Education.
7.26.040-Voolatmon SubjeGt to Adn;inistratiye Citati�r
It URlawful for any perSOR to vielate aRy provision or fail tO Gernply with any of the with any of the requirements ef this Ghapter shall be subjeGt te Givil fines aGGerding to Chapter 1 (1F
7.26.050 First and Second Violations —Warning and Education.
Prior to the issuance of any administrative citation under the autherit„ of SentieR 7.26.040, the City or its officers shall, in the first and second instances of any violation by any one person, issue a warning along with educational material to any person found violating this chapter. The educational material shall state the benefits to water quality and to habitat protection of this chapter's prohibitions.
24-740
Chapter 7.35
REGULATION OF KENNELS
Sections:
7.35.010
Definitions.
7.35.020
Operator's Permit Required.
7.35.030
Application for Operator's Permit.
7.35.040
Police Department Review.
7.35.050
Operator's Permit Issuance and Denial.
7.35.060
Requirements of Operation.
7.35.070
Humane Animal Care.
7.35.080
Kennel Construction Standards —General.
7.35.090
Kennel Operating Standards —General.
7.35.100
Indoor Kennel Standards.
7.35.110
Outdoor Kennel Standards.
7.35.120
Kennels for Dogs.
7.35.130
Cat Enclosure Construction.
7.35.140
Rabies Vaccination.
7.35.150
Identification.
7.35.160
Fees.
7.35.180 Transfer and Duration of Permits.
7.35.190 Suspension, Revocation, Denial and Appeal.
7.35.010 Definitions. +�,� ^{ �� �+
"Chief"in yr Poke" maaRS the Chief iTef- Poke of the ity- of N w rt BeaGh, er his er he designated represeRtatiye
"Non-profit organization" means a non-profit organization, as defined in SeGtien 501 (G)(3) efthe Int.ernal Rey.eRUe Code Section 501(c)(3).
24-741
7.35.040 Police Department Review.
A. Time Limits and Notification. Within thirty (30) GaleRdar days of the filing of an application, the Chief of Police shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete.
B. Incomplete Applications. If the application is determined to be incomplete, the Chief of Police shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) ^a'�ar day review period shall begin to determine the completeness of the application.
7.35.060 Requirements of Operation.
A 1. Within eight years preceding the date of the application or a renewal application, been convicted on two occasions of violating any statute, rule or regulation prohibiting cruelty to animals, including, but not limited to, any conviction of Cal.ifeMia Pen.al Code Sections 597, 597a, 597b, 597c, 597e, 597f, 597g, 597h, 597i, 597j, 597k, 597m, 597n, 597o, 597r, 597s, 597t, 597u, 597v, 597x, 597y, 597.1, 598, 598a, 598b, 598c, 598d, 599, 600, 600.2, or 600.5, or accepted a plea of guilty or nolo contendere to any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
A 5. The operator shall report in writing any changes in address, ownership, or management to the Chief of Police at least fifteen (15) Ga'Tdays prior to such change.
A 10. All operators, upon being granted a commercial kennel or non-profit kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his/her autherized designee for the purpose of conducting such inspections as he/she may deem required. The inspections shall be conducted with the operator or manager present.
B 2. The operator shall report in writing any changes in address to the Chief of Police at least fifteen (15) Galendar days prior to such change.
B 5. All operators, upon being granted a kennel operator's permit, do thereby consent and agree to the entry upon the premises described in the permit by the Chief of Police or his or her of itherizeid design for the purpose of conducting such inspections as he or she may deem required upon seventy-two (72) hours' written notice. The inspections shall be conducted with the operator present.
7.35.090 Kennel Operating Standards —General.
C. Health. No person shall display any animal bearing evidence of malnutrition, ill health, unhealed injury, or having been kept in an unsanitary condition. Operator shall isolate sick or diseased animals from healthy animals at all times and in such a way that diseases or 24-742
parasites will not be transmitted to other animals. The Chief of Police or hisiher d..i,,, may order any animal to be examined and/or treated by a veterinarian.
7.35.180 Transfer and Duration of Permits.
C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty (60) GaieRdar days prior to the expiration of the permit to prevent a lapse of the permit.
7.35.190 Suspension, Revocation, Denial and Appeal.
C 1. The right to appeal to an Administrative Hearing Officer shall terminate upon the expiration of fifteen (15)}GaleRdar days of the date of mailing of the notice. The notice of appeal is to be sent to the Police Department of the City of Newport BeaGh 24-743
Chapter 9.04
FIRE CODE
9.04.040 Amendment of Section 113.4 Failure to Comply.
Section 113.4 is amended to read as follows:
Section 113.4 Failure to comply. Noj" person whe-shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, „all be liable to a f Fc a��r,^,�e With �^ip
Ne'�'�e' �vvvGh aTrr ode Tite O'I lne 04010 "�v iGIatirrrOR, PeRalties a rd
9.04.050 Amendment to Section 202 Definitions.
LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE: A geographical area designated in accordance with the Cal.i#eFR+a Gov.eFRFneRt Code Section 51179, and by City of nlowpert BeaGh ordinance, which contains the type and condition of vegetation, topography, climate and structure density which potentially increases the possibility of uncontrolled fire spread through vegetative fuels threatening life or property. For the purposes of this Csode, Local Agency Very High Fire Hazard Severity Zones shall be considered to be Very High Fire Hazard Severity Zones as defined in Cal. Gov.eFRrneRn Code Section 51179.
9.04.060 Amendment to Section 305 Ignition Sources.
305.8.1.1 Notice. Uncontrolled or high weeds, brush, plant material, fire hazards, or other items prohibited under this Ccode increase the danger of fire and thus constitutes a fire hazard. If such condition exists, the fire code official shall give notice to the owner of record to abate the hazard within thirty (30) GaIeRdar days.
The notice shall state that the property owner is required to abate the fire hazard and that if the hazard is not abated the City may take further action which can include, (1) the City, or its contractor, may enter upon the parcel of land and remove or otherwise eliminate or abate the hazard, (2) that upon completion of such work the cost thereof, including administrative costs, can be billed to the property owner or can become a special assessment against that parcel, and (3) that upon City Council confirmation of the assessment and recordation of that order, a lien may be attached to the parcel to be collected on the next regular property tax bill levied against the parcel. 305.8.3 Service of notice. The fire code official shall notify the property owner of affected properties as shown on the latest equalized tax assessment roll by certified mail, of the specific conditions that constitute a fire hazard and that the City will take action to abate the fire hazard. Notices shall be mailed not less than fifteen (15) GaleRdar days prior to the date of the proposed abatement.
24-744
305.8.4 Appeal. The property owner may appeal the decision of the fire code official regarding the fire code official's determination that a fire hazard exists by sending a written appeal to the fire code official within ten (10) Ga'�ar days of the mailing of the notice.
The matter will be heard by the Building and Fire Board of Appeals as specified in Section
15.80 of thise Newport Beach nn, nOG; )a] Code.
305.8.5 Abatement hearing procedure. All hearings under Chapter 3 of the fire code shall be held before the fire code official or Fire Chief who shall hear all facts and testimony he/she deems pertinent. The facts and testimony may include testimony on the condition of the property and circumstances related to the fire hazard. The owner of the land may appear in person or present a sworn written statement in time for consideration at the hearing. The fire code official or Fire Chief may impose such conditions and take such other action, as he/she deems appropriate to carry out the purpose of the provisions of this chapter. The decision of the fire code official or Fire Chief shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. an-d-The decision shall be sent to the property owner via certified mail to the owner's address on the latest equalized tax assessment roll within thirty (30) GaleRdar days. 305.8.7 Emergency private property abatement. When in the opinion of the fire code official a substandard structure or substandard property is an immediate hazard to life and property, and the fire code official makes written findings to the effect that abatement of such a fire hazard requires immediate action, the fire code official may then cause such work to be done to the extent necessary to eliminate the hazard. At least twenty-four (24) hours prior to the abatement, the fire code official shall attempt to contact the property owner to inform the property owner of the work to be done and request their assistance or immediate voluntary removal of the hazard. After the work is performed, the fire code official shall post a notice and mail to the property owner information regarding the nature of the work performed. Any individual aggrieved by the action of the fire code official under this section, may appeal the determination of the action to the Fire Chief, except that the appeal shall be filed within ten (10) GaleRdar days from the date of mailing the notice of work performed.
305.8.8 Abatement costs. The costs involved in the correction of the substandard conditions and fire hazards shall become a special assessment against the property. In addition to the above costs, an administrative processing fee established by resolution of the Council of the City of n'ewpert Roach, shall be assessed against each parcel for City incurred costs associated with abatement. An additional inspection fee shall be established by resolution of the Council of the City of Newport Beach for charges related to inspection services for vegetation hazard identification. The schedule for such fees shall be maintained on file in the City Clerk's Oeffice.
The fire code official shall notify, in writing, all parties concerned of the amount of such assessment related to work performed in accordance with Cal. Gov.erRMeRn Code Section 38773.5. The property owner may appeal the fire code official's assessment by sending a written appeal to the fire code official within fifteen (15) GaleRdar days of the 24-745
mailing of the notice. Any appeal regarding the reasonableness of the assessment of costs shall be heard by the Fire Chief.
If the total assessment determined as provided for in this section is not paid within thirty (30) GaIeRdaf days after mailing of such notice or after a decision has been rendered on any appeal, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to the procedures set forth in SeGtOOR 39773.5 of the Cal. Gov.GoveFRMeRt Code Section 38773.5, which is incorporated herein by this reference.
9.04.280 Amendments to Section 903.2.8 Group R.
5. Pursuant to Cal. Health &ate Safe y Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.
6. Pursuant to Cal. Health &af�d-_Saf.ety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).
When not used in accordance with R SeGtiGR 504.2 „r 506.3 of the Galif„FRia Buis iRg Bede; area or height increases for automatic fire sprinklers as set forth in the Cal. Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.23 shall be allowed in Group R-2.1 occupancies. An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.
9.04.440 Amendments to Section 5704.2.11.1 Underground Tanks.
Section 5704.2.11.1 is amended by adding subsection 4 to read as follows:
4. The underground storage of flammable liquids shall be prohibited in any residential district or any residential area of a planned community district, as defined in Section
20.14.020 of the Newp-ert BeaGh M Rinipal Code
9.04.470 Local Agency Very High Fire Hazard Severity Zone.
The City of Newport BeaGh designates those areas identified in green on the map attached to the ordinance codified in this section and on file with the City Clerk as the Local Agency Very High Fire Hazard Severity Zone for the City in accordance with Section 51179 of tho Cal. Gov.er rneRt Code Section 51179.
24-746
Title 10
OFFENSES AND NUISANCES
Chapters:
10.04 Intoxicating Liquor
10.06 Human Waste
10.08 Interference With Public Access
10.12 Interfering With Law Enforcement
10.14 Prohibition Against Camping in Public Places
10.16 Gambling
10.24 Discharge of Weapons
10.26 Community Noise Control
10.28 Loud and Unreasonable Noise
10.32 Sound -Amplifying Equipment
10.36 Minor's Curfew
10.48 Weed and Rubbish Abatement
10.50 Public Nuisance Abatement
10.52 Abandoned or Wrecked Vehicles
10.54 Public Nudity
10.56 Drug Paraphernalia
10.58 Police Services at Large Parties, Gatherings or Events on Private Property
10.59 Graffiti
10.60 Regulation of Display of Material, Which is Harmful to Minors, in a Public Place
10.64 Construction and Maintenance Projects in Residential Districts
10.66 Loud and Unruly Gatherings
10.68 Targeted Residential Picketing
10.70 MediGal Mariju Cannabis Regulations
24-747
Chapter 10.04
INTOXICATING LIQUOR
10.04.010 Drinking in Public.
A. No person shall drink or consume any alcoholic beverage, or possess any Gan, a seal broken or the Contents of which have been partially remMier! in or on any public street or alley, public sidewalk, public or private parking lot, public restroom, public pier, private pier open to the public upon the payment of any fee, public beach, vacant lot, or public park or private property which is open to public view, without the consent of the owner or person in lawful possession or control of the private property. The provisions of this section shall also apply to any beach or public parking facility in the area commonly known as Newport Dunes. The pro„iSi^„Sef thiS SeGti )R shall Ret apply where.
B. No person shall possess any can, bottle or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, in or on any public street or alley, public sidewalk, public or private parking lot, public restroom, public pier, private pier open to the public upon the payment of any fee, public beach, vacant lot, or public park, or private property which is open to public view, without the consent of the owner or person in lawful possession or control of the private property. The provisions of this section shall also apply to any beach or public parking facility in the area commonly known as Newport Dunes.
C. Alcoholic beverages as used in this section includes alcohol, spirits, wine or beer and which contains one-half of one (0.5) percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when distilled, mixed or combined with other substance.
D. The provisions of this section shall not apply where the consumption or possession is within premises located in a park or other public place for which a license has been issued pursuant to Cal. Bus & Prof. Code, Division 9, pursuant to an approved special event permit in compliance with Chapter 11.03, or where the consumption or possession is within the outdoor area of a lawfullv permitted eatina and drinkina establishment.
E. Any person violating or failing to comply with Section 10.04.010(B) shall be guilty of an infraction. and subiect to punishment as set forth in this Code. 24-748
24-749
Chapter 10.06
HUMAN WASTE
10.06.010 Human Waste.
No person shall urinate or defecate or evaG to his bewels on private property in an area exposed to the public view_, or on any public street, sidewalk, alley, park, beach or other public place except in a public or private restroom.
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Chapter 10.08
INTERFERENCE WITH PUBLIC ACCESS*
10.08.005 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
"Cancer treatment center" means a facility for the treatment of cancer located in a mixed -use horizontal zone.
"College" means an institution of higher education, including a community or junior college, college or university including, but not limited to, Orange Coast College and Coastline College.
"Day care center" shall have the same meaning as set forth in Section 1.08.120 mo�a - - -- - - -- - - - - - -- - -- - - --- -- -- --- - - - - - - el
■ _ _ r
_ rm 011 _ _ r MCare/Learning Center.
"Public• • r or • •right-of-way"'r 'r or areas on, below,or above public roadway, public highway,public street, public sidewalk, public alleyway or rutility easement City has interest.
"School" shall have the same meaning as set forth in Section 1.08.120 .r
ig
PaGifiGa Christian High SGheel; and Sage Hill High SGheel.
10.08.030 Use of Public Property for Commercial Purposes. r _
■ _
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24-751
B 5. For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager or designee pursuant to Chapter 11.03 of this Code and the City Council has approved a resolution of street closure pursuant to authorization granted by the Cal.a Vehicle. Code;
6. For the conduct of special celebrations, sporting events or similar activities involving a nonprofit corporation, nonprofit association, community organization or similar entity provided a permit is issued by the City Manager er desognoo pursuant to Chapter 11.03 of this Code, the City Council has adopted a street closure resolution pursuant to the authority granted by the Cal.if,� Veh.+cte Code and, the event, celebration or activity is consistent with Council Policy;
C 6. The sponsor of the event shall provide, at the sponsors sole cost and expense, all security personnel and traffic control equipment required by the City Managers-r deli gRee;
C 7. The sponsor of the celebration or event shall provide preef ef imabW_insurance, which types and- amounts shall be determined by the Risk Manager. the City with the Gity rdeGigRated as an a dlditiGRal inci iron! D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, or City Manager er designee pursuant to resolution or permit.
24-752
Chapter 10.12
INTERFERING WITH LAW ENFORCEMENT
Sections:
10.12.010 False Report to Police/Animal Control Officer.
10.12.020 Interference.
10.12.020 Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this title while such person is engaged in the performance of his or her duties.
24-753
Chapter 10.14
PROHIBITION AGAINST CAMPING IN PUBLIC PLACES
10.14.010 Definitions.
24-754
Chapter 10.16
GAMBLING*
10.16.010 Gambling Prohibited.
It shall be unlawful for any person to play or bet at or against any game not mentioned in SeEt+ens 33� or 330a of the Cal. Penal Code Sections 330 or 330aef the —Stag-e# California, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any other representative of value.
10.16.020 Use of Premises for Gambling.
No person, either as principal, agent, employee or otherwise, shall knowingly permit any building, house, apartment, room or place owned or rented by him or under his charge or control in the City, to be used in whole or in part as a gambling house or place for playing, conducting, dealing or carrying on any game not mentioned in SeGtieRs 330 and 330 „f tk�--Cal. Pen.a4 Code Sections 330 or 330a , which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any other representative of value.
10.16.030 Operating Gambling Place.
No person, either as principal, agent, employee or otherwise, shall operate, conduct or maintain within the City any building, house, apartment, place or room used in whole or part as a gambling house or place for playing, conducting, dealing or carrying on any game not mentioned in Sectiens 330 and 330a of the Cal. Pen_a4 Code of the State of California Sections 330 or 330a, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, or cues, for money, checks, chips, credit, merchandise or any other representative of value.
24-755
Chapter 10.24
DISCHARGE OF WEAPONS*
10.24.010 Discharge of Weapons —Permission Required.
It is declared unlawful for any person or persons, except peace officers in the discharge of their duties, to discharge or cause to be discharged within the corporate limits of the City of Newport Beach any rifle, shotgun, pistol, revolver or other firearm, or any air -gun, air -pistol or air -rifle, or any other device which forcefully discharges a projectile from a barrel, unless the person or persons have first obtained permission in writing so to do from the Chief of Police. This section shall not apply to any person who lawfully discharaes a firearm in self-defense of themself or another person. 24-756
Chapter 10.26
COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 Definitions.
10.26.015 Decibel Measurement Criteria.
10.26.020 Designated Noise Zones.
10.26.025 Exterior Noise Standards.
10.26.030 Interior Noise Standards.
10.26.035 Exemptions.
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions —Special Provisions.
10.26.045 Heating, Venting and Air Conditioning —Special Provisions.
10.26.050 Sound -Amplifying Equipment.
10.26.055 Noise Level Measurement.
10.26.065 Proposed Developments.
10.26.070 Prima Facie Violation.
10.26.075 Violations.
10.26.080 Violations —Additional Remedies —Injunctions.
10.26.085 City Manager Waiver.
10.26.090 Noise Abatement Programs.
10.26.095 Manner of Enforcement.
10.26.005 Declaration of Policy.
B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the city of Newport BeaGh does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public 24- 75 7
however, all foxed no' -- existing at the date of adeption •.
days from the date of adoption to aGhieve GGFnplianGe with thiS Ghapter. 1 . 1 1 Definitions.
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24-758
Chapter 10.28
LOUD AND UNREASONABLE NOISE*
10.28.010 Loud and Unreasonable Noise.
SeGtion 104 0 10 of this Code
10.28.020 Loud and Raucous Noise from Sound -Making or Amplifying Devices Prohibited.
D. Penalties any person who violates any provision of this section is guilty of o Sention 1.04.010 of this Code
10.28.040 Construction Activity —Noise Regulations.
B 3. Emergency work performed pursuant to written authorization of the Community Development Director, or his or her designee
B 4. Maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City -of Newport Beanh or its employees, contractors or agents, unless:
. ARY person who violates aRY nroVision of this seGtio is guilty of o misremeaRer
1.04.010, or omi si innessor section of this Code
,
D€. Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on the following map. See Exhibit A*. The geographical boundaries of a homeowners' association, as defined in subsection (F) of this section, shall be excluded from the definition of a "designated high -density area" if the City Council adopts a resolution pursuant to subsection (F) of this section.
E. A homeowners' association located within a designated high -density area may exclude the geographical boundaries of the homeowners' association from the definition of a designated high -density area if.
10.28.045 Real Property Maintenance —Noise Regulations.
E 1. Emergency property maintenance authorized by the Community Development Director, or his or her designee;
FDenalties. Any person wheyielotes onY nreyisien of this seGtio� guilty of SeGtien 04 010 of this Code
24-759
24-760
Chapter 10.32
SOUND -AMPLIFYING EQUIPMENT
10.32.040 Issuance of Permit.
A. Upon receiving a complete application for a permit for the use of sound -amplifying equipment or a sound truck, the Finance Director or designe-shall conduct an investigation within ten (10) days of receipt of a complete application to determine whether to approve the application. Unless the application is denied pursuant to subsection (B) of this section, the Finance Director_ ^R8shall approve or conditionally approve the application for a permit if it is determined that all the requirements of this chapter are met and if it appears from the information contained in the application and such additional information as may be presented to the Finance Director or d86ign^^ that the proposed use of the sound -amplifying equipment or sound truck complies with the regulations contained in Section 10.32.060. The permit shall be nontransferable and valid for a period not to exceed sixes months.
C. Specification of Hours. If a permit is granted, the Finance Director or designee -shall specify the hours during which the sound -amplifying equipment or sound truck may be used after considering the needs of the applicant, the area or areas in which the sound will be emitted, and the effects of such use on the public's health, safety and welfare.
D. Appeals. Actions by the Finance Director or nee -may be appealed by any interested party to the City Manager by filing a written statement with the City Clerk setting forth the facts and circumstances regarding the action by the Finance Director designee. The City Manager shall notify the appellant and applicant in writing of the time and place of the hearing on the appeal. The hearing on appeal shall be heard and determined by the City Manager within ten (10) days of receipt of a written appeal. 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.
24-761
Chapter 10.36
MINOR'S CURFEW
10.36.020 Definition.
For the purpose of this chapter, any person under the age of eighteen (18) years who is not an "emancipated minor" as provided in Cal. Fam. Code Section 7002 shall be deemed a minor.
24-762
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Chapter 10.48
WEED AND RUBBISH ABATEMENT*
10.48.010 Definitions.
Chief,Fire to perform the duties imposed by this chapter UPGR the Fire Marshal.
10.48.020 Authority to Declare Nuisance and Abate.
E. Weeds, trees, shrubs, or vegetation determined by the Fire Marshal to be a fire hazard, and which is located in the Local Responsibility Area Very High, High and Moderate Fire Hazard Severity Zones.
10.48.030 Notice of Nuisance.
B. Notice of Abatement Proceedings. Whenever the Fire Marshal or a desinr,00 determines that a nuisance exists and the owner of a property fails to properly abate the nuisance, the Fire Marshal is ordered to take appropriate correction actions based upon those findings. The Fire Marshal shall notify the owner of affected properties, as shown on the latest equalized tax assessment roll, by mail, of intention to abate the nuisance.
10.48.040 Hearing Procedure.
A. The City Manager er his designee shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance.
G. A hearing before the City Manager, or his deSigRee shall be set for a date that is not less than ten days and not more than fourteen (14) days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least five days prior to the date of the hearing.
10.48.050 Appeal Decision.
A. After considering all the testimony and evidence submitted at the appeal hearing, the City Manager, or his designee shall issue a written decision within forty-eight (48) hours of the hearing upholding or denying the notice of abatement proceeding and shall list within the decision the reasons for that decision. The City Manager, or his des gnoce may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this chapter.
B. The decision of the City Manager er his rdesigRee shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.- and The 24-766
decision shall be served by the property owner in accordance with Section
1.08.080 within forty-eight (48) hours of the hearing.
10.48.060 Abatement Costs.
B. The Fire Chief or his designee ee shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. If the total assessment determined as provided for in this section is not paid within thirty (30) days after mailing of such notice, the property owner shall be billed. If unpaid, such charges shall be placed as a special assessment on the tax bill for the property pursuant to Cal. Gov. Code Section 38773.5 Of the GE)VeFRM8Rt i ede
24-767
Chapter 10.50
PUBLIC NUISANCE ABATEMENT
10.50.010 Definitions.
"Ci+yCler� k" means the Gity Clerk of the Git y of Newport Beach or hi�hor d irt�, as ty "
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p FeGeediRgS pursuant to this nhaptor
10.50.020 Nuisance.
B. Any swimming pool, spa, pond, fountain or other body of water which is allowed to become stagnant, _unsanitary or unsafe or doejROt c^mnly with the PFE) ,ici„RS E) SeGtior,o 1 5 0 1 80 and 1 F 05 1 -0;
1. A violation of any provision of thise Newport Beach IVIURi„ir,�Code;
10.50.110 Hearing on Assessment.
In the event of abatement by the City, the City Clerk shall submit the report and account for hearing by the City Council at a regular meeting held no more than thirty 30 a-r days after the date of filing. The City Clerk shall post a copy of the report and account and notice of the time and place of hearing in a conspicuous place in or near the entrance of the Newport Beach City Hall. The owner of the property on which the nuisance was abated shall be sent a notice advising of the date, time and place of the hearing. The notice shall be served as provided in Section 10.50.040.
10.50.160 Alternative Actions.
with respect to theyiolatioR of this Ghapter.
A9. This chapter is not the exclusive regulation of property maintenance. It shall be supplemental in addition to other regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the City, State of GalifGrni , or any other legal agency having jurisdiction.
B9. The prevailing party in any judicial action or administrative proceeding to abate a nuisance shall recover the attorneys' fees and costs incurred as follows:
24-768
1. The recovery of attorneys' fees shall be limited to those individual judicial actions or administrative proceedings in which the City elects, at the initiation of the individual judicial action or administrative proceeding, to seek recovery of its own attorneys' fees; and
2. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the aMGURt of reasonable attorneys' fees incurred by the City in the judicial action or administrative proceedings; and
3. Attorneys' fees and costs may include, but not be limited to, costs and expenses related to the use of expert witnesses incurred in the evaluation and/or prosecution of any nuisance abatement proceedings pursuant to the provisions of this cShapter.
24-769
Chapter 10.52
ABANDONED OR WRECKED VEHICLES*
Sections:
10.52.005 Findings and Purpose.
10.52.010 Declaration of Nuisance.
10.52.015 Definitions.
10.52.020 Exceptions.
10.52.025 Other Regulations.
10.52.030 Administration and Enforcement.
10.52.035 Authority to Abate and Remove.
10.52.040 Notice of Intention to Abate and Remove —Form Mailing and Procedure.
10.52.045 Removal/Without Hearing.
10.52.050 Hearing Procedures.
10.52.055 Removal —When Authorized.
10.52.060 Assessment of Costs of Removal/Administration.
10.52.065 Notice to Department of Motor Vehicles.
''�2.070 SeTerab4fty.
10.52.020 Exceptions.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Cal. Veh.VekiGle Code and this chapter.
10.52.045 Removal/Without Hearing.
B. A vehicle, or part thereof, is inoperable due to the absence of a motor, transmission, or wheels, is incapable of being towed, is located on property that is either zoned for agricultural use or which contains no dwelling units, is valued at less than two hundred dollars ($200.00) by a person specified in Section 22855 of the Cal+ferniaCal. Veh.+cle Code, has been determined by the City Council to be a public nuisance presenting an immediate threat to the public health or safety and the property owner has signed a release authorizing removal of, and waiving further interest in, the vehicle or part thereof, and no request for hearing was made by the registered or legal owner of the vehicle at 24- 770
the time the release was signed. The vehicle or part shall be disposed of pursuant to the provisions of Section 22661 and 22662 of the California Cal. Veh.+4e Code; or
10.52.050 Hearing Procedures.
A. Upon a timely request for hearing, a public hearing shall be held by and before the City Manager or his desig ee. The City Manager, or designee —,shall mail notice of the hearing, specifying the date, time and location of the hearing, by certified mail, at least ten 10 days prior to the hearing, to the owner of the land and to the owner(s) of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The City Manager, or designee, shall hear and receive all facts, evidence and testimony pertinent to the status and condition of the vehicle or parts, the circumstances surrounding its presence on private or public property, any facts which may render provisions of this chapter inapplicable to the vehicle or parts, the appropriate conditions that should be attached to an order for abatement, and the responsibility, if any, of the land owner for the cost of removal and the administrative proceedings. The City Manager shall not be limited by the technical rules of evidence. The owner of land, and the owner(s) of the vehicle may appear in person at the hearing, may appear by representatives, or may submit a sworn written statement prior to the hearing.
B. City Manager_ or rdesir'R may impose such conditions, or take such action, as - e er shethe City Manager --deems appropriate under the circumstances to carry out the purposes of this chapter. The City Manager, ^�gRee—,_may delay the time for removal of the vehicle or parts;
C. The City Manager, or designee—, shall determine if the vehicle, or part, constitutes a public nuisance as provided in this chapter and upon such determination shall enter an order directing the vehicle or part to be removed from the property and disposed of as provided in this chapter. The order requiring removal shall include a description of the vehicle or parts, the correct identification number and license number of the vehicle, if available, and the location of the property on which the vehicle or part is located. Written notice of the decision shall be given by certified mail to each owner of land, vehicle or part that does not appear at the hearing and to any interested party that makes a written presentation, but does not appear.
10.52.055 Removal —When Authorized.
Five days after adoption of the order declaring the vehicle or parts to be a public nuisance, or five days from the date of mailing of the notice of decision, if notice is required by this chapter, the vehicle or parts may be removed and disposed of as provided by law. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the CaVE)F iaCal. Veh_.iGle Code, in which case the vehicle may be reconstructed or made operable.
10.52.060 Assessment of Costs of Removal/Administration. 24-771
The cost of administering and enforcing this chapter, and the cost of removal of any vehicle or part declared a public nuisance pursuant to this chapter, shall be charged against the owner of the land unless it is determined that the vehicle was placed on the land without the consent of the land owner and the land owner did not subsequently acquiesce in the presence of the vehicle. The amount of the cost of administration, enforcement and removal shall be assessed against the property on which the vehicle or part was located and pursuant to SeGtO„n 38773.5 of the -Cal. Gov_eFRrneRR Code Section 38773.5 and shall be transmitted to the tax collector for collection. ..
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Chapter 10.58
POLICE SERVICES AT LARGE PARTIES, GATHERING OR EVENTS ON PRIVATE
PROPERTY
Sections:
10.58.010 Findings and Purpose.
10.58.020 Definitions.
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.
10.58.040 Procedures for Imposition of Civil Fines.
�1�a 050 Confidentiality.
10.58.060 Severabfl+fjF
10.58.020 Definitions.
"QWReF" MeaRS the PePSE)R(S) GF eRtity(ieS) that held(s) legal andier equitable title to the Private PF-Perty.
10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.
The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the State Cal. Pen.a4 Code or other local regulations.
10.58.040 Procedures for Imposition of Civil Fines.
B. If the person responsible for the event appeals the fine within the time specified in subsection (A), the City Clerk shall serve written notice to the person responsible and to the owner, if different, by first class mail, of the date, time and place for a hearing on the appeal. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the City Clerk.
The City Manager may preside over the hearing or may designate a Hearing Officer to take evidence and submit proposed findings and recommendations to the City Manager.
The City Manager shall uphold the fine only upon a finding that a violation has been proven by a preponderance of the evidence. The hearing shall be conducted according to the rules normally applicable to administrative hearings. The City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. 1 n 58 050 Confidentiality.
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Chapter 10.59
GRAFFITI
10.59.010 Purpose.
4. This chapter is consistent with provisions of the Cal. Government Code which authorizes the enactment of ordinances to provide for the use of City funds to remove graffiti (Cal. Gov.ernMeRn Code Section4 53069.3), and to pay rewards (Cal. Gov.ernrnenn Code Section§ 53069.5).
5. This chapter is intended to be complimentary to and not in conflict with Cal. Pen.aE Code Section§ 594, which provides that any person who maliciously defaces property is guilty of vandalism, and Section§ 594.1 which provides that certain activities involving the possession, sale and use of aerosol paint containers are misdemeanors.
10.59.020 Definitions
7. Gity Manager: The term "Gity MaRageF" shall mean the Newport BeaGh Gity Manager nr his er her designee
10.59.090 Abatement and Cost Recovery Proceedings.
A. Notice. The City Manager or hisnTor designee shall issue a forty-eight (48) hour written notice of intention to abate and remove the graffiti as a public nuisance and shall serve such notice by any of the following methods:
B. Form. The notice of intention shall be in substantially the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
(Name and address of person notified)
Date:
NOTICE IS HEREBY GIVEN that you are required by Newport Beach Municipal Code §Section 10.59.070 at your expense to remove or paint over the graffiti in existence on the property located at (address), which is visible to public view, within forty-eight (48) hours after receipt of this notice; or, if you fall to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees and private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters are hereby notified to submit any objections or comments to the City Manager or his/her designee within forty- eight (48) hours from receipt of this notice. At the conclusion of this forty-eight (48) hour period, without further notice and at your expense, the City may proceed with the abatement of the graffiti inscribed on your property.
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C. Appeal.
1. Within forty-eight (48) hours of receipt of the notice, the owner or person occupying or controlling such property affected may appeal the order of abatement to the City Council of the City of Newport Beach. Appeals shall be filed with the City Clerk and shall be accompanied by a letter stating the reasons for the appeal and a deposit/fee as required by City Council resolution. The City Council shall designate a Hearing Officer to hear such appeals. An appeal shall be accompanied by a deposit/fee as required by City Council resolution.
2. Within fifteen (15) days of receipt of the appeal application, the City Clerk shall notify the applicant of the date, time and location at which the Hearing Officer shall hear the appeal. The Hearing Officer shall hear and pass upon the appeal within fifteen (15) days. The decision of the Hearing Officer thereupon shall be final -and ^e as to the City but subject to judicial review pursuant to Cal. Code Civ.
Proc. Section 1094.5.
E 2. Pursuant to Cal. Gov.eFRR;eRt Code Section 38773.5, the total cost of abatement, including all administrative costs, shall constitute a special assessment against that parcel. After the assessment is made and confirmed, it shall constitute a lien on the parcel.
10.59.100 Reward.
Pursuant to SectiE)R 53069.5 „f tho Cal.+#een+a Gov.eFRR;eRn Code Section 53069.5, the City may pay a reward, the amount to be established by City Council resolution, to any person who furnishes information leading to the identification and apprehension of any persons convicted of wilfullywillfully applying graffiti to any surface located on private or public property.
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Chapter 10.60
REGULATION OF DISPLAY OF MATERIAL, WHICH IS HARMFUL TO MINORS, IN A
PUBLIC PLACE
Sections:
10.60.010 Findings and Purpose.
10.60.020 Definitions.
10.60.030 Prohibition.
1n 60 040 Enfornemen+
10.60.020 Definitions.
As used in this chapter:
A. "Harmful matter" shall be defined as specified in Cal. Pen Code Section 313(a) of e penal (merle of the State of California;
B. "Matter" shall be defined as specified in Cal. Pen Code Section 313(b) of the Penal G. "PeFSGR" shall mean any individual, pal4Rership, firm, asseGiation, or other legal one
CO. "Knowingly" shall mean being aware of the character of the matter; D€. "Exhibit" shall mean to show or display to members of the public; E€. "Minor" shall mean any natural person under eighteen (18) years of age. 1 n 60 non Enfornernen+
aG nGe with 'I the nrn�iicinnc� Of SeGtien 04 010 of the N ReiereaGh uni nt BGipal Cede. IR ' `'
„it r�gTctien to restrain, eninin or abate aRyGe itiOn frR dto he inyielo ien of this Gh
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Chapter 10.64
CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS Sections:
10.64.010 Purpose and Intent.
10.64.020 Definitions.
10.64.030 Construction and Maintenance Projects —Regulations.
10.6 040 Penalty,
10.64.050 Construction/Maintenance Project Permits.
10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project Permits.
10.64.070 Appeal of Denial or Revocation of Construction/Maintenance Project Permit.
10.64080 Amortization.
10.64.030 Construction and Maintenance Projects —Regulations.
B. Upon completion or abandonment of a construction or maintenance project, it shall be removed from the lot within fifteen (15) GaieRdar days.
C. Nothing in this chapter shall prevent the enforcement of any other provision of the Newport BeaGh M iniGipal Code. In the event of any conflict between this chapter and another provision in this Code, the provision establishing a more stringent restriction shall control.
106A 040 Penalty.
A. Any violation of thuTGhup-ter ssabjc Ito these remedies provided for in Chapters
1.04 and 1.05 in addition to any other remedies werlyState e�Fcderecral law.
B. ARYv iela iecrOR of this Ghap-tercris hereby decla-red-te he a pi ihIin ni iisoRIGe
10.64.050 Construction/Maintenance Project Permits.
E. No construction/maintenance project permit shall be issued for a period in excess of six months. A permit may not be extended beyond the initial six-month period unless the Community Development Director, or his or her designee finds both that: (1) due to circumstances beyond the control of the construction/maintenance project permittee, the construction or maintenance project could not be fully completed within the time permitted by the initial construction/maintenance project permit; and (2) extension of the construction/maintenance project permit will not adversely affect the public views or the 24-780
public health, safety or welfare. The Community Development Director, er his er her designee, may limit the term of the construction/maintenance project permit to a period of less than six months upon a determination of any of the following:
1. That the full six-month period is unnecessary given the anticipated scope of the construction or maintenance project;
2. That any period of time in excess of that prescribed by the Community Development Director, or his or her designe, would adversely affect the public views, or the public health, safety or welfare; or
3. That similar construction or maintenance projects previously approved by the Community Development Director, or his er her d8GigRee, were completed in a period of time less than the six-month maximum.
10.64.060 Approval, Denial, Revocation of Construction/Maintenance Project Permits.
A. The Community Development PlaRRORg Director or his deSigR88 shall be responsible for the review and approval, denial or revocation of construction/maintenance project permits pursuant to this chapter.
B. No construction/maintenance project permit shall be issued for any construction or maintenance project where:
1. The activity to be conducted under the construction/maintenance project permit violates any provision of thise Nowper+ BeaGh IVIURiGipa Code, State or federal law;
2. The Community DevelopmentPlanning Director, or his designee, determines that the activity described in the permit would adversely affect the public views, or the public health, safety or welfare.
C. The Community Development Planning Director, or his desigRee, may deny or revoke construction/maintenance project permit, or the application for the same, if he determines any of the following:
1. Continued activity under the construction/maintenance project permit will violate Federal, State or local law;
2. Activity under the construction/maintenance project permit constitutes a violation of any other provision of this Code;
3. Abandonment of the construction or maintenance project has occurred;
4. There has been any material deviation from the precise nature, location, scope of work or estimated date for completion as described on the construction/maintenance project permit application during the tenure of the construction/maintenance project permit; or
24-781
5. The permittee has made any misrepresentation regarding the precise nature, location, scope of work or estimated date of completion on the construction/maintenance project permit application.
D. The procedure for revocation of a construction/maintenance project permit shall require that the Community DevelopmentP4a4pR g Director or his desigR8e conduct an investigation of the facts surrounding the alleged violation of any portion of this chapter and notify the permittee in writing of his intent to revoke any construction/maintenance project permit issued pursuant to this chapter. The notice of intent to revoke shall become effective, and the construction/maintenance project permit shall be revoked, fifteen (15) days after the date of the notice of intent to revoke unless the permittee elects an administrative hearing as set forth in this chapter.
10.64.070 Appeal of Denial or Revocation of Construction/Maintenance Project Permit.
A. Any person whose application is denied or who receives notice of intent to revoke a construction/maintenance project permit may appeal that decision by requesting a hearing in writing to the City Clerk, including payment of any applicable fee(s), within fifteen (15) days from the date of denial or date of the notice of intent to revoke the permit.
Failure to timely appeal the denial or intent to revoke a permit by the Community DevelopmentPlaRFlg Director, or his designee, shall render that decision final.
E. The Hearing Officer shall only consider evidence that is relevant to whether the Community DevelopmentPlaRRORg Director or his deGigRee has properly denied or notified the permittee of their intent to revoke the construction/maintenance project permit pursuant to this chapter.
F. The written notice from the Community Development 4an^in^ nireGtGr or his designee denying or intending to revoke a construction/maintenance project permit shall constitute prima facie evidence of the respective facts contained in those documents supporting the basis for denial of the construction/maintenance project permit application or intended revocation of the construction/maintenance project permit.
G. At least ten (10) days prior to the hearing, the appellant shall be provided with copies of any documents submitted or relied upon by the Community Development Planning Director or his designee in making the Community Director's4& determination to deny the construction/maintenance project permit application or revoke the permit. No other discovery is permitted. Formal rules of evidence shall not apply.
I. The failure of any person requesting an appeal to appear at the administrative hearing shall constitute a failure to exhaust their administrative remedies and render the decision of the Community DevelopmentPlaen-iRg Director or his designee final.
J. The Hearing Officer may continue the hearing and request additional information from either the Community DevelopmentPlanning Director or his designee or the appellant, or both, prior to issuing a written decision.
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K. Any person aggrieved by an administrative decision of a Hearing Officer at a hearing under this chapter may obtain review of the administrative decision by filing a petition for review with the Orange County Superior Court —Harbor Judicial District in accordance with the timelines and provisions as set forth in California Cal. Gov_.ernment Code Section 53069.4.
M IN
Chapter 10.66
111611117_1►1exulkiI Z�1A'&MAd:14N010
Sections:
10.66.010
Definitions.
10.66.020
Loud or Unruly Gathering —Public Nuisance.
10.66.030
Posting of Notice Regarding Loud or Unruly Gathering.
10.66.040
Second and Subsequent Responses.
10.66.050
Notice of Violation.
10.66.060
Violation —Penalty —Civil Fine.
10.66.070
Administrative Hearing, Appeal.
10.66.080
Collection of Delinquent Costs.
10.66.040 Second and Subsequent Responses.
If, after posting of a notice pursuant to Section 10.66.030(A), a peace officer is required to respond to the residential unit based upon another loud or unruly gathering and the owner of that residential unit does not reside within the residential unit, then the owner shall not be liable for the increased fine amount for the second or subsequent response unless notice has been mailed to the owner in compliance with Section 10.66.030(D) and fourteen (14) GaIeRdar days have passed since the mailing of said notice.
10.66.060 Violation —Penalty —Civil Fine.
24-783
G. Any owner or responsible person who intends to request an administrative hearing pursuant to Section 10.66.070 may request an advance deposit hardship waiver pursuant to Section 1.05.060(B). An owner or responsible person who is unable to pay all or a part of the civil fine due to the person's actual financial inability may file a written request for a civil fine waiver with the City's Finance Director, or his or her designee, within fifteen (15) Galendar days from the date of service of the citation or notice, whichever is earlier. The failure of any owner or responsible person to timely file a written request for a civil fine waiver with the City's Finance Director, or his ^r her deSigRe, shall be deemed a failure to exhaust the owner's or responsible person's administrative remedies with regard to the same.
1. The written request for a civil fine waiver shall be in writing and describe with particularity the owner's or responsible person's actual financial inability demonstrating why all or a part of the fine should be waived. Further, the written request for a civil fine waiver must be accompanied by a sworn affidavit and demonstrate to the satisfaction of the City's Finance Director, er his or her des+gflee, the owner's or responsible person's actual financial inability, that necessitates a waiver of all or a part of the civil fine amount. The City's Finance Director, or his or her.desigRee is entitled to request additional documentation and information from the owner or responsible person in order to fully assess the owner's or responsible person's actual financial inability. The failure of any owner or responsible person to timely submit all requested additional documentation and information to the City's Finance Director, er his or her deSigReo , as requested shall be deemed a failure to exhaust the owner's or responsible person's administrative remedies with regard to the same.
2. Once a complete written request for a civil fine waiver is filed with the City's Finance Director, or his or her desigReo the requirement to pay the civil fine shall be stayed until the City's Finance Director, er his er her desigRe-e determines whether to grant or deny the request.
3. If the City's Finance Director, or his or her designee grants the written request for a civil fine waiver, the owner or responsible person shall not be required to pay the civil fine. If the City's Finance Director, or his or her designee determines that the owner or responsible person has the financial ability to pay all or a part of the civil fine on a reasonable payment plan, the City's Finance Director, or has or her designee shall so notify the owner or responsible person and the owner or responsible person shall execute any agreements required by the City's Finance Director, er his er her designee -,to establish the payment plan.
4. The granting of any request for a civil fine waiver or payment plan shall not excuse or discharge any continuation or repeated occurrence of any violation of this chapter, nor shall it bar further enforcement action by the City. 24-784
5. If the City's Finance Director, or his or her designee, denies the written request for a civil fine waiver the civil fine must be paid within ten (10) r,a'�a days from the date of service of the City Finance Director's, or his or hor designee's, determination.
6. The City Finance Director's, or, h�h-ror Reece determination shall be (a) made within fifteen (15) GaIeRdardays of the date of receipt of the complete request or any additional information as requested by the City Finance Director, or his or her designee; (b) be in writing; and (c) served either by personal delivery on the owner or responsible person or by deposit in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to such owner or responsible person. The decision of the City's Finance Director; or his er her designee shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
J. Any owner who does not reside within the residential unit, has a written lease or rental agreement for the residential unit and had the same residential unit posted with a notice pursuant to Section 10.66.030(A) may file a written petition with the Chief of Police, or her designee requesting permission to remove posted notice prior to the expiration of the ninety (90) day period. The Chief of Police, or his or her designee may grant the owner's written petition upon a satisfactory showing by the owner that the responsible person(s) for the loud or unruly gathering are no longer in possession of or allowed to occupy the residential unit.
10.66.070 Administrative Hearing, Appeal.
P. Any owner or responsible person aggrieved by a written decision of a Hearing Officer following an administrative hearing may obtain review of the decision by filing a petition for review with the Orange County Superior Court, Harbor Justice Center in accordance with the timelines and provisions as set forth in CaLifernia Gov.ernmenn Code Section 53069.4.
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Chapter 10.68
TARGETED RESIDENTIAL PICKETING
Sections:
10.68.010 Legislative Findings and Statement of Purpose.
10.68.020 Definitions.
10.68.030 Targeted Residential Picketing Prohibited.
CIA 68 040 Public Nuisance.
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Chapter 10.70
MEDICAL CANNABIS REGULATIONS
Sections:
10.70.010 Legislative Ffindings and Sstatement of Ppurpose.
10.70.020 Definitions.
10.70.030 Prohibited Aactivities.
10.70050 Violations.
10.70.060 SeTerabWty.-
10.70.010 Legislative Ffindings and Sstatement of Ppurpose.
A. The City Council finds that the prohibitions on marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's prohibition of such activities is within the authority conferred upon the City Council in the City 4s-Charter and State law. _.
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24-787
operating Adthin the IOGall government's he,,ndaries to eenaan+ an nrdinanGe irmatil" hanninn ci inh delivery antiVifii (Business and Professions (`nrle Sentinn 19340(a)\
BS. The City Council finds that this chapter: (1) expresses its intent to prohibit the cultivation of cannabismaFijuaRa in the City and to not administer a nenrditienal permit araana in the (wit„; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community; and (4) expressly prohibits the delivery of cannabismarojuana in the City, to the extent permitted by State and federal law.
10.70.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "Marij AanaCannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including rnarij janacannabis infused in foodstuff or any other ingestible or consumable product containing rna ijoaaacannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Cal. Food & Agr.
Section 81000 or Cal. Health & Saf. Code Section 11018.5.T�� term "marijuana" �h alse ffinGlude "mediGal maFmjuana" as SUGh phrase as used in the August 2008 Guidelines ffer the SeGUrity and Nen_Diy n of Marijuana Grewn fer Medical Use, as may be amended fFem time te time, that was issued by the OffiGe of the Atterney General fer the Statueof GalifGFRia er subjeGt tG the previsions of Galifernia Health a�aafet�c Seatien 11362.5 (Ge s i�aate Use AGt e`�Qa) or Galifnrnia Health and Safety ode SeGtleRS 11362.7 to 11362 83 (Merlinal Marijuana Program Ant) B. "Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Cal. Health & Saf. Code Section 11362.7e.
C. "Commercial cannabis activity" shall have the same meaning as set forth in Cal.
Bus. & Prof. Code Section 26001(0).
D. "Cooperative" means two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available cannabis. with or without cultivation.
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E. "Cultivation" or "Cultivate" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(I).
F. "Delivery" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(m).
G. "Dispensary" shall have the same meaning as set forth in Cal. Bus. & Prof. Code Section 19300.5(n). For purposes of this chapter, Dispensary shall also include a Cooperative.
H. "Medical cannabis" shall have the same meaning as set forth in Cal. Bus. & Prof.
Code Section 19300.5(af).
I. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" shall mean and refer to Cal. Bus. & Prof. Code Section 26000 et seg.
JS. _TMarijuana processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale, including but not limited to:
drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabisana related products and concentrates.
K. "Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Cal. Health & Saf. Code Section 11362.7. B. "Marijuana cultivation" means ZI but
,
,
,
ef MarijuaRa GrOWR for MediGal Use, as may be aMe-Rded from tome to tome, that was set forth OR CalifOFRia Health and Safety Code SeGtien 11362.5 (CompaSSMORate- Use AGt Marijuana Program Ant)
that is ergaRized OR the manner set forth in the August 2008 Guide"Res fer the SeGUFity 24-789
to torne, that was issued by the GffiGe of the Attorney General for the State of California or subjeGt to the provisions of California Health and Safety ovvde—Sectivr1136=5 (Compassionate Use Ant of 1996) or California Health and Safety Code Sections 11362.7 to 11 `26`) Q`2
10.70.030 Prohibited Aactivities.
A. No person shall establish, operate, conduct, permit or allow any cannabis or medical cannabis related use in the City, including, but not limited to, Marijuanacannabis cultivation, mar.. processing, delivery, mar�aan�rna delivery, and marijuana dispensaryies, cooperatives and all other commercial cannabis activities for which a State license is required under the Medicinal and Adult -Use Cannabis Regulation and Safety Act, regardless of whether the cannabis is used for medicinal purposes, ch�be prohibited activities in the City, except where the City is preempted by fFederal or Sstate law from enacting a prohibition on any such activity.
B. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for4he awn ii activities that relate in any way took cannabis or medical cannabis uses including, but not limited to, cannabis cultivation, ana-processing, Sena delivery, or -the establishment or operation of a dispensary, a cooperative or other commercial cannabis activities for which a state license is required under the Medicinal and Adult -Use Cannabis Regulation and Safety Act in the (wit„ and no person shall otherwise establish OF GendUGt SUGh a„ti„ities in the r' y, Lexcept where the City is preempted by fFederal or S&State law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
C. This section shall not limit the retail sale by delivery of medical cannabis to a qualified patient or caregiver from a location outside of the City's jurisdiction, or from a non -storefront retailer, which is closed to the public, and which is located in the City's jurisdiction on or after January 1, 2024. Any non -storefront retailer shall:
1. Have a non -storefront license issued by the Department of Cannabis Control prior to beginning operations within the City's jurisdiction.
2. Employ or contract for security personnel who are at least 21 years of age to provide security services on the premises. All security personnel employed or contracted for by the non -storefront retailer shall be licensed by the Bureau of Security and Investigative Services and shall comply with Cal. Bus & Prof. Code, Division 3. Chapters 11.4 and 11.5.
3. Obtain a business license from the Citv.
4. Require every person delivering cannabis to carry a copy of the following documentation. which shall be provided to law enforcement upon reauest:
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a. A copy of the d non -storefront retailer's current permits, licenses, and entitlements authorizing them to provide transportation and distribution services;
b. The person's government -issued identification;
C. A copy of the transportation and distribution request; and d. Chain of custody records for all medical cannabis being delivered, which shall include, but not be limited to, (i) the name, phone number and address of the qualified patient or caregiver; (ii) the amount of medical cannabis to be or that was delivered; (iii) the date and time of delivery; and (iv) the delivery location.
D. No person who is an owner, manager, operator, contractor, or employee of a non - storefront retailer shall:
1. Sell or deliver cannabis or medical cannabis to any Derson other than a qualified patient or caregiver.
2. Sell any cannabis, medical cannabis, cannabis accessories, or branded merchandise from the non -storefront retailer's business location.
3. Sell or deliver within the City any promotional materials, branded merchandise, or cannabis accessories including, but not limited to, pipes, rolling paper, or vape cartridge batteries.
10 7A AAA Publin n - ic- . -
Any vielatieR of this nhonter is hereby declared to be a ni blin ni visa RGe
10.70.050 Violations,
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24-791
Chapter 11.03
SPECIAL EVENTS
11.03.030 Definitions.
"Applicant" means any person who seeks a permit under this chapter to operate a special event. For special events on private property the property owner shall be the applicant.
For special events on public property, the operator shall be the applicant. An applicant who has received an approved permit under the provisions of this chapter shall also be considered a permit holder.
"Attendance" means the number of attendees anticipated to attend or who participate in a special event, whichever number is greater.
"Attendee" means any person anticipated to attend or participate or who actually does participate in a special event.
City property" means all real property and improvements owned, operated or controlled by City within the City's jurisdiction. City property includes, but is not limited to City Hall, police and fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights.
- - - - - - - - - - - - - -I - - . r - - . - _. - . . I __- -- --- -- osseniatinn nrei p or ether business entity or erganizotien e
"Director" means the Recreation and Senior Services Director. "Level 1, 2, or 3 Permits" means a classification level of permit as determined by the Director, Department Director or Reviewing Director based on factors such as the nature, size, location, and duration of an event.
"Motorcade" means an organized procession containing twenty-five (25) or more vehicles, except funeral processions, upon any public street, sidewalk or alley. "Operate" means to manage, stage, promote, sponsor or carry on a special event. "Operator" means the person who manages, stages, promotes, sponsors or carries on a special event.
"Outdoor(s)" means any place other than in a permanent building. Outdoor(s) shall include tents, canopies and temporary structures.
"Parade" means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, 24-792
which does not comply with traffic regulations or controls provided in this Code and the Cal.S,afi#ereia Veh.+ele Code.
"Reviewing Authority" means the person or body authorized under the provisions of this chapter to review and act upon a special event application, i.e. either a specified staff, Department Director or the City Council.
"Special event" means any special event described in Section 11.03.020(B). "Title 20" or "Zoning Code" means Title 20 of thise Ne peFt BeaGh IVI inOGOal Code.
11.03.050 Standards and Requirements.
C. Other Requirements. In addition to the requirements set out in this section, the Reviewing Authority may also impose conditions of approval relating to use of City beaches, fire protection, traffic, parking, security, dust control, water quality protection of the bay and ocean, noise, temporary structures, signs and banners, outdoor lighting, insurance, which types and amounts shall be determined by the Risk Manager, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare.
11.03.060 Permit Review Procedures.
F. Appeals to City Manager. Within ten 10 days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten L10adays following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
H. Appeals or Calls for Review of City Manager Decision. The City Manager's decision under subsection (F) or (G) of this section shall be rendered within ten (10) days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one (1) or more of the findings for denial set out in subsection (E)(4) of this section, in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection (E)(5) of this section. The City Clerk shall notify the applicant in writing within five Ladays of the City Manager's decision. The City Manager's decision on an appeal under subsection (F) of this section for all Level 2 permits shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. The City Manager's decision under subsection (G) of this section and on all Level 3 permits may be appealed or called for review pursuant to Section 11.03.100. 24-793
11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events.
D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may appeal to the Director within five days after receipt of the cleanup bill. The Director shall hear the appeal and the decision of the Director shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
11.03.100 Appeals and Calls for Review.
#Except as expressly provided herein, if an applicant is aggrieved by any decision of the City Manager under this chapter, the 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 City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. 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 in the manner provided in Section 1.08.080. 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 provide written notification of the time and place set for hearing the appeal or call for review. The City Council at its next regular meeting held not less than ten (10) days from the date on which the appeal or call for review was filed with the City Clerk shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and 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. 24-794
Chapter 11.04
PARKS, PARK FACILITIES, AND BEACHES
Sections:
11.04.010 Intent and Purpose.
11.04.020 Definitions.
11.04.030 General Administration.
11.04.040 Park Hours.
11.04.050 Closed Park Areas.
11.04.060 Permit or Agreement Requirement.
11.04.070 Prohibited Conduct.
11 0 080 ���rovhibi4�
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11.04.090 Abandoned Bicycle.
11.04.100 Violation of Rules and Policies of Department.
11.04.110 Ejection.
11.04.120 Prohibition Against Obstructing Performance of City Employee.
11.04.130 Exemption.
11.04.140 Penalty.
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section.
"Beach" or "beaches" means any public ocean front or bay front beach within the City of Newport Beach, including ocean or bay public piers, public floats, public wharves or public strands adjoining public ocean front or bay front beach areas. "Bicycle" means a device upon which any person may ride, which is propelled exclusively by human power through a belt, chain, or gears, and which has one or more wheels. "Bicycle rack" means a structure or rack specifically designed for the fastening or attaching of bicycles to the structure or rack.
"Director" means the Director of the Recreation and Senior Services Department, or her de.,',,, ..
24-795
"Instructional activity" means any educational or recreational program or activity involving individual, team, or group instruction that is conducted or performed when there is monetary consideration provided for participation in the program or activity that occurs in a park, park facility, or on a beach.
"Park" or "park facility" means all publicly owned or leased property, grounds, parking lots, roadways, venues, bike paths, walking or hiking trails, parks and park -related buildings, facilities and improvements, together with the sidewalks or walkways abutting or adjoining the same, and any school facilities when they are in use as recreational or community center facilities and under the control of the Director. "Park patrol" and "park patrol officer" means and includes the park patrol officers authorized under Section 1.12.020.
Teen mreaRs "n iRdiyid alp nre p, eFga rizaii"''yr, aSvvnia+crutiE)R, GOrnnration or any bioinocc entity.
"Regulations" means the provisions of this chapter and such rules, policies and regulations established from time to time by the City Council or the Director for the administration of this chapter.
"Smoke" or "smoking" means the carrying or holding of a lighted pipe, a lighted cigarette, or any other lighted smoking equipment of any kind; or the lighting of a pipe, cigar or cigarette of any kind; or inhaling, emitting, or exhaling the smoke from a pipe, cigar, cigarette or any other smoking equipment of any kind.
11.04.050 Closed Park Areas.
When necessary for the protection of the public interest, health, or welfare, the Director, Chief of Police, or Fire Chief, or their designee shall have the authority to close from public access or use any park, park facility, or portion thereof, on a temporary basis. No person shall enter or remain upon areas posted or publicly noticed as closed. 17 0 080 Smoking Prohibiter!
A. No parS8R shall er be smekiRg in a nark nark fanility, beam er O-G ancaRfroRt park,boardwalk eF within ene hundred (100) feet ef a
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24- 796
aGt ef littering. Nothing On this seGtien shall preGlude any persen frem seeking any ether remedies, rdi Tpenalties er nreneres nreyided by law.
11.04.090 Abandoned Bicycle.
Any bicycle that is attached or fastened to any City property, including a bicycle rack, or left in a park, park facility, on a beach, or oceanfront boardwalk for a period of forty-eight (48) hours or longer shall be deemed abandoned property and may be impounded by the City. Any bicycle which has been impounded by the City and held for ninety (90) days without redemption by or on behalf of the lawful owner thereof shall, if saleable, be sold at such time and place and in such a manner as required by Cal. Civ_.4 Code Section 2080 et seq.
11.04.140 Penalty.
A. ARY vielatien of this Ghapter is subjeGt te these remedies provided for On Chapters
1.04 and 1.05 in addition to any ether remedies allowed by State and Federal law.
B. Any yielatien of this nhnnter is hereby rdenlareld to he a pi iblin ni iicenne C: Netw+thsta this Ghapter-,-uUnlawful sidewalk vending activities shall be punished in accordance with Chapter 5.97, or aRy G GGesser ^hanter 24-797
Chapter 11.17
REGULATION OF VESSELS ALONG THE PACIFIC OCEAN
Sections:
11.17.005
Purpose and Intent.
11.17.010
Definitions.
11.17.020
Vessel Launching and Operation Prohibited.
11.17.030
Exceptions.
11.17.040
T1.17.050
Vessel Storage Prohibited.
Penalty
11.17.010 Definitions.
C. Vessel. All watercraft, including boats and personal watercraft, that are required to be numbered pursuant to the provisions of the Cal. ` ehiGle Gede of the State of Gali#eMiaVeh. Code.
11.17.020 Vessel Launching and Operation Prohibited.
C. No person shall operate a vessel in any protected swimming area as specified in Chapter 11.12 of thise Newport BeaGh M RiGipal Code.
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11.17.030 Exceptions.
A. Any vessel owned, operated by or under contract with the City, tithe United States, any State or any P-political sSubdivision of theany State.
B. Activity involving vessels if authorized pursuant to a permit issued in accordance with the provisions of Chapter 11.03 of thise ^Lo1^1nnrf BeaGh M niGipal Code and approved by the City Council.
11 17 050 Penalty.
Any person vielatiRg the PFOVOSOORS of this Ghapter shall be guilty of a misdemeaRer 24-798
Title 12
VEHICLES AND TRAFFIC*
Chapters:
12.04 Definitions
12.08 General Provisions
12.12 Vehicles on City Property
12.16 Enforcement and Obedience
12.20 Traffic Control Devices and Markings
12.24 Special Speed Zones
12.28 Turning Movements
12.32 Restricted Use of Certain Streets
12.36 Stop and Yield —Requirements —Signs
12.40 Stopping, Standing and Parking Regulations
12.44 Stopping, Standing and Parking Restrictions
12.46 Physically Handicapped Parking Ordinanceparkinq for Persons with Disabilities
12.48 Loading and Unloading
12.52 One-way Streets and Alleys
12.54 Oceanfront Boardwalk Safety Program
12.55 Upper Newport Bay Recreation and Scenic Trail
12.56 Bicycles —Registration and Regulations
12.57 Skateboarding and Rollerskating Regulations
12.62 Temporary Street Closure
12.63 Solid Waste Management
12.64 Vehicular Nuisances
12.66 Private Roads
12.68 Residents' Preferential Parking
24-799
Chapter 12.04
DEFINITIONS
Sections:
12.04.010
Definition Provision.
12.04.020
Alley.
12.04.030
Angle Parking.
12.04.040
Parallel Parking.
12.04.050
Central Traffic District.
12.04.055
Holidays.
12.04.060
Loading Zone.
12.04.070
Operator.
12.04.080
Park.
12.04.090
Parking Meter.
12.04.095
Payment.
12.04.100
Pedestrian.
12.04.120
Traffic.
12.04.130
Official Time Standard.
12.04.140
Official Traffic Control Devices.
12.04.150
Official Traffic Signals.
12.04.160 Parkway.
12.04.170 Passenger Loading Zone.
12.04.180 Person.
12.04.190 Police Officer.
12.04.200 Stop.
12.04.010 Definition Provision.
For the purpose of this title, certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless the provisions of the context otherwise require.
Whenever any words or phrases used in this title are not defined herein, but are now defined in the Cal. Vehk4e. Code of this State, such definitions are incorporated herein, and shall be deemed to apply to such words and phrases used herein as though set forth herein in full.
17 AA 110 Stree+
The terrn "street" shall mean and inGlude every way set apart fer publiG travel eXGept alleyways, bridle paths and feet paths
17 AA 180 Person.
The teFm u n
e eGGpaFtRership,
assE)GiatieR or
24-801
Chapter 12.08
GENERAL PROVISIONS
12.08.135 Cruising Prohibited.
A. The ranking peace officer within any area affected by traffic congestion may establish traffic control points to regulate cruising. Cruising is defined to mean the driving of a motor vehicle past a traffic control point established on a portion of any street identified as subject to cruising controls by signs posted at the beginning and end of the controlled roadway that briefly and clearly state the appropriate provisions of this section and Cal.
Veh. Code Section 21100(k)+ho Vo"iGle Gede, and after the operator of the vehicle has been given the notice specified in this section. The ranking peace officer on duty within the area affected by traffic congestion, ^r hic deSigRee, shall be empowered to post the signs required by this section.
24-802
Chapter 12.12
VEHICLES ON CITY PROPERTY
Sections:
12.12.010 Parking.
12.12.020 Speed.
12.12.030 Traffic Control Devices.
12.12 non Parking Meters on Gity Hall Property.
12.12.050 Parking Fees for City Parking Lots.
12.12.080 Parking Restrictions for Motorcycles, Motor -Driven Cycles and Motorized Bicycles.
12.12.010 Parking.
C. Impoundment. When signs authorized by the provisions of subsection (B) are in place giving notice thereof, any member of the Police Department designated by the Chief of Police is authorized to remove or cause the removal of any such vehicle from City property to the nearest public garage or other place of safety, and shall give such notice as is indicated in SeGti Rs 22852 and 22853 of the. Cal. Veh.+cte Code Sections 22852 and 22853.
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24-803
Chapter 12.16
ENFORCEMENT AND OBEDIENCE
12.16.060 Exceptions.
A. Emergency Vehicles. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the Police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the CaLiferRia Veh.ic-e Code Section 165 in response to an emergency call. 24-804
Chapter 12.20
TRAFFIC CONTROL DEVICES AND MARKINGS
12.20.010 Authority to Install and Maintain.
B. Installation. Whenever this Code or the Cal. Vehk4e CodeofState-jequires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law, the City Traffic Engineer is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
12.20.020 Appropriate Signs Requisite for Enforcement.
No provision of the Cal. Veh.+ele Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person giving notice of such provisions of the traffic laws. No vehicle may be towed or removed from private property unless that property is posted with signs as required by SeGtieR 22658 of the Cal. Vehjc4e.
Code Section 22658 ` Rd cigRS the size and nr)nfoRt l,f which have boom appreyed by the unc�-a��T rr��rLti-ancrcv-rrccrn-vTwrTrcnTra-v�vccT-a-p prvvca-�Zrrc Traffic En,,,',
12.20.040 Installation of Traffic Signals.
The City Traffic Engineer is hereby direGted authorized to install and maintain official traffic control signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released i^ ^,Tr order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
The City Traffic Engineer shall ascertain and determine the locations where such signals are required by resorting to field observation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the "California aiRteeaRGe Manual on Uniform Traffic Control Devices," issued by the Division of Highways f the —State Depa-rtmeRt of o„h'i„ Works California Department of Transportation.
12.20.060 Removal, Relocation or Discontinuation.
The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by State law by the provision of this chapter, wherever the City Traffic Engineer shall determine in any particular case that the conditions which warranted or required the installation no longer exister ebtaie.
24-805
Chapter 12.32
RESTRICTED USE OF CERTAIN STREETS*
12.32.015 Balboa Island Bridge Speed Restrictions.
Pursuant to the procedures set forth in Section 22404 of the Cal.ifern+a Veh.icie Code, and after a public hearing held thereon, the City Council has determined that the maximum speed limit which can be maintained with safety on the Balboa Island Bridge shall be fifteen (15) miles per hour.
12.32.075 Balboa Peninsula Traffic Access Control —Findings.
E. The City Council finds that the threat to the public health, safety and welfare brought about by severe traffic congestion along the Balboa Peninsula can be eliminated by authorizing the Chief of Police or his or her desigRee to restrict motor vehicle access to the peninsula during times of significant traffic congestion and/or when conditions are such that severe congestion will occur if access is not restricted.
12.32.080 Balboa Peninsula Traffic Access Control Points —Authorization to Establish.
The Chief of Police, or his er her desigReA shall be authorized to establish appropriate traffic access control points along Balboa Boulevard when it is determined by the Newport Beach Police that:
A. Normal movement of traffic along Balboa Boulevard will be impaired such that there is a threat to the health, safety and welfare of persons residing, working, or present in and along the Balboa Peninsula and the congestion would be eliminated or alleviated if access to the peninsula was controlled or restricted; or
B. Little or no vehicular flow is occurring along Balboa Boulevard, and a significant number of vehicles are not promptly moving when an opportunity arises to do so. The authority to establish traffic access control points shall cease at such time as reasonably flowing traffic is restored.
Chapter 12.36
STOP AND YIELD — REQUIREMENTS — SIGNS
Sections:
12.36.010 Stop Signs.
12.36.020 Yield Right -of -Way Signs.
12.36.030 Through Streets and Alleys Designated.
12.36.040 Stop InterseGtions Designate
12.36.010 Stop Signs.
The Citv Traffic Enaineer is authorized to aaorove the installation of. removal of. and erect and maintain stop signs conforming to the requirements of Cal. Veh. Code Section 21400 at the entrances to any or all through highways and stop intersections as in the City Traffic Enaineer's opinion are reasonablv necessary for the protection and safetv of the travelina public.
In accordance with Cal. Veh. Code Section 21354, all manor, primary and secondary streets and highways of the City as shown on the County Master Plan of Arterial Highways, originally adopted by resolution of the County Board of Supervisors on May 31, 1956, on file in the Office of the County Clerk, are hereby declared to be through highways together with such other highways as the City Council may by resolution from time -to -time declare to be throuah hiahways.` Vhono„or on., orrdinonno or rosolL ition of this - --- - - - - - -- - - --- -- - - -- - - - - - - - - --- - - - - I M.
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12.36.020 Yield Right -of -Way Signs.
The City Traffic Engineer is authorized to determine those locations where the safe and orderly movement of traffic requires vehicles to yield the right-of-way to other traffic and to install, remove, erect and maintain yield signs conforming to the requirements of Cal.
Veh. Code Section 21400.sha" oreGt and maintain yield right _of_way sigRS on aRy street Geuncii.
24-807
r
Chapter 12.40
STOPPING, STANDING AND PARKING REGULATIONS
Sections:
12.40.010 Application of Regulations.
12.40.020 Standing in Parkways Prohibited.
12.40.030 Parking on Private Property.
12.40.035 Parking on Private Streets and Drives.
12.40.040 Parking Duration Period.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles4n Residential District Prohibited
12.40.060 Parking for Certain Purposes Prohibited.
12.40.070 Parking on Grades.
12.40.080 Parking Parallel with Curb.
12.40.090 Angle Parking Indicators.
12.40.100 Angle Parking Streets.
12.40.110 Parking Space Indicators.
12.40.120 Obstructing Parking Space.
12.40.130 Permit for Angle Loading or Unloading.
12.40.140 Parking Adjacent to Schools.
12.40.150 Parking Prohibited on Narrow Streets.
12.40.160 Prohibited Parking Areas.
12.40.165 Parking Restriction in Electric Cart Zones.
12.40.170 Parking Restrictions for Vendors and Vehicles for Hire.
12.40.180 Emergency Parking Restrictions —Signs.
12.40.190 Causes for Removal and Storage.
12.40.010 Application of Regulations.
B. Time Limits. The provision of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the State -Cal.- Veh.+G�e Code, this Code or the ordinances of this City, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
12.40.035 Parking on Private Streets and Drives.
No person shall park a vehicle on a private street or drive in such a fashion that the vehicle blocks the private street or drive so as to prevent vehicular ingress or egress thereto; provided that signs giving notice that such parking is in violation of Section 12.40.035 of thise Newport BeaGh MWRO Oal Code are erected or placed twenty-four (24) hours prior to the violation.
12.40.055 Parking of Certain Oversized Vehicles and Nonmotorized Vehicles4n Residential Districts Prohibited.
A. Prohibition.
1. Subject to the exceptions set forth in subsection (G), no person shall, at any time, park or leave standing any large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, on any public street or alley within any residential district or adjacent to any public park or school, or within five (500) hundred feet of the entrance to any public park, day care center, or school, as measured from the Property line.
2. Subject to the exception set forth in subsection (G)(8), no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall use a generator that is associated in any way with the vehicle while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot.
3. Subject to the exception set forth in subsection (G)(8), no person who owns, operates or has charge of a large motor vehicle, heavy-duty commercial vehicle, or nonmotorized vehicle, as defined in this section, shall do any of the following while the vehicle is located on any City property including, but not limited to, any public street or alley, or public parking lot: (a) conduct any business or commercial activity; (b) park the vehicle outside of the area marked for the parking of the vehicle; or (c) place any item outside of the vehicle on City property or store any item under or around the vehicle including, but not limited to, solar panels, a barbeque, a mat, recliner, table, or chairs.
B. Large Motor Vehicle Defined. For the purpose of this section, "large motor vehicle" shall mean any motor vehicle eighty-four (84) inches or more in width AND more than eighty-four (84) inches in height OR more than twenty-two (22) feet in length, with the exception of heavy-duty commercial vehicles and nonmotorized vehicles as defined below.
24-810
C. Heavy -Duty Commercial Vehicle Defined. For the purpose of this section, "heavy- duty commercial vehicle" shall mean any commercial vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty- four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more.
D. Nonmotorized Vehicle Defined. For the purpose of this section, "nonmotorized vehicle" shall mean any trailer or any other device which is not self-propelled.
E. Residential District. For the purpose of this section, the term "residential district" shall mean any area within the City which is zoned R-A, R-1, R-B14-5, R-2, RW3, RMDR-4, nn� PRD (planned residential district), and those portions of planned community districts and specific plan districts which are specified for residential uses.
F. Measurements. To determine the width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included.
G. Exceptions. The prohibition set forth in subsection (A), shall not apply to the following:
1. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked for less than twenty-four (24) consecutive hours if parked adjacent to the owner's residence for the purposes of loading, unloading, cleaning, battery - charging, or other activity preparatory or incidental to travel;
2. Large motor vehicles, or nonmotorized vehicles which are attached to a motor vehicle, parked adjacent to the owner's residence or at such other location approved by the Chief of Police, for no more than seventy-two (72) hours for the purposes of loading, unloading, cleaning, battery -charging, or other activity preparatory or incidental to travel, provided permission has been granted by the Chief of Police, or his or her designee;
3. Nonmotorized vehicles parked at the designated boat launching area at 18th Street and Bay Avenue;
4. To any motor vehicle or nonmotorized vehicle parked to make emergency repairs to such vehicle, repairs to adjacent property, or to make deliveries to adjacent property;
5. To any motor vehicle displaying authorized placards or license plates pursuant to the Cal. a—VehJce Code Sections 5007 and 22511.55 identifying the physically handicapped or disabled person.
24-811
6. Any motor vehicle or non -motorized vehicle, currently registered and licensed by the Department of Motor Vehicles, that is parked in the REQ (SP 7) district of Santa Ana Heights for the express purpose of loading/unloading or standing for a period not to exceed seventy-two (72) hours. This exemption is exclusively for vehicles involved with the transportation of horses and does not pertain to any commercial vehicle not involved with the movement and placement of horses.
7. To a motor vehicle legally parked in public park parking lot.
8. To any motor vehicle that is: (a) legally parked in a school or day care center parking lot; (b) authorized to be at the location pursuant to a special events permit; (c) authorized to be at the location by the City Manager; (d) authorized to be at the location by the lessee of the property; (e) owned by a governmental entity; or (f) trucks actively being used for commercial purposes including the preparation of food, the delivery of food or carao. and construction or maintenance activities.
12.40.080 Parking Parallel with Curb.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting stopping or standing. In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left- hand side of such one-way roadway unless signs or markings are in place permitting such standing or parking.
The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.
12.40.100 Angle Parking Streets.
28th Street, north side only, from Balboa Boulevard to Newport Boulevard
12.40.160 Prohibited Parking Areas.
C. Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official eleGtr,G flachir+ntraffic control device.
24-812
Chapter 12.44
STOPPING, STANDING AND PARKING RESTRICTIONS
12.44.030 Off -Street Parking Meter Zones.
The City Council may by resolution establish off-street parking meter zones, including any land owned, leased or controlled by the City, as traffic and parking conditions require.
Such resolution shall also establish the fees for parking in such off-street parking meter This so all not hn appli hln to nrnnnrtY OR �e ihiGh the Git y Hall is zones. T„���E+;� c-a,��,�
Hall nrnnnrty
12.44.125 Commercial In -Lieu Parking Fees.
A. Permit Required. In lieu of providing the required off-street parking on site pursuant to Title 20 of thise Newport BeaGh M ininina Code, a commercial business may provide all or a portion of its required commercial off-street parking in a municipal fee -owned lot by paying an annual fee of one hundred fifty dollars ($150.00) per parking space or a fee per space as set by resolution adopted by the City Council. Said municipal parking lot must be located within reasonable proximity to the commercial business as to be useful to said business.
24-813
Chapter 12.46
PHYSI AI l v HANDICAPPED PARKING FOR PERSONS WITH
DISABILITIES
Sections:
12.46.010 Physically Handicap Parking for Persons with
DisabilitiesOrd ce.
12.46.020 Establishment of On -Street Parking Spaces.
12.46.030 Establishment of Off -Street Parking Spaces.
12.46.040 Unauthorized Parking Prohibited.
12.46.010 Physically Handicap e,a parking for Persons with DisabilitiesOr�'%ce.
This ordinance shall be known and may be cited as the PhySiGally 6 andinannor! Parking for Persons with Disabilities Ordinance of the City of Newport Beach.
12.46.020 Establishment of On -Street Parking Spaces.
When so directed by a resolution of the City Council, the City Engineer is authorized to designate parking spaces for the exclusive use of physically hnnrlinappe persons who are physically disabled and whose vehicles display a distinguishing placard or license plate issued to disabled individuals with disabilities pefsef�s, as specified in the Cal.mfern+a Vehicle. Code.
12.46.030 Establishment of Off -Street Parking Spaces.
A. The City Traffic Engineer when so directed by a resolution of the City Council, is authorized to designate spaces City -owned, leased or controlled off-street parking facilities for the exclusive use of n" � handiGappe l persens individuals who are physically handicap and whose vehicles display a distinguishing placard or license plate issued to disabled persons with disabilities pursuant to the California VehJG-1e-_Code.
B. The City may cause the removal, from a stall or space designated for ""telly handiGannorJ persons who are physically handicap on faGi'�y tGthe Tzes pu garage, of any vehicle not displaying one of the distinguishing placards or license plates authorized by the Cal+#erRla. Vehicle. Code, if there is posted immediately adjacent to, and visible from, such stall or space a sign which clearly and conspicuously states the following:
"Unauthorized vehicles not displaying distinguishing placards or license plates issued to nhySiGally hand!Gannor! persons with physical disabilities will be towed away at owner's expense. Towed vehicles may be reclaimed at the Newport Roach Police Department, 24-814
870 Santa Barbara Drive, Newport Beach, California, or by telephoning the Newport BeaGh Police Department at 644-36—7717."
12.46.040 Unauthorized Parking Prohibited.
No person shall park a vehicle in a space or stall as designated in Sections 12.46.020 or
12.46.030 of this chapter without displaying distinguishing placards or license plates issued for persons who are physically handicapped persons pursuant to the CaLifernia Veh.+ele Code Sections 5007, 22511.55 or 22511.59.
24-815
Chapter 12.52
ONE-WAY STREETS AND ALLEYS
Sections:
12.52.010
Placement of Appropriate Signs.
12.52.020
Obedience to One -Way Signs.
12.52.030
Balboa Island.
12.52.040
Corona del Mar.
12.52.050
Balboa.
12.52.060
Newport Beach.
12.52.070
12.52.080
Lido Isle.
{
Newpor` Heights.
eignis.
24-816
Chapter 12.54
OCEANFRONT BOARDWALK SAFETY PROGRAM
12.54.020 Definitions.
"Electric bicycle" has the same meaning as defined in California ` ehiGle Cal Veh. Code Section 312.5.
"Electrically motorized board" has the same meaning as defined in GalifGFRia ` &;G18Cal.
Veh. Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in California Vehi^'oCal. Veh. Code 009 9Tii[IZ101
"Motorized scooter" has the same meaning as defined in Galifornia ` ehiGloCal. Veh. Code Section 407.5.
24-817
Chapter 12.55
UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL
12.55.070 Penalties.
B. Any person violating the provisions of Section 12.55.040 shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) provided, however, the violation may be prosecuted as infraction pursuant to the provisions of Section 1.04.010 (A) of thise "'ewpert Beach MWR;GO&I Code.
Chapter 12.56
BICYCLES — REGISTRATION AND REGULATIONS
12.56.050 Designation of Bicycle Lanes.
be marked and SigRed in aR aPPIPoPriate r~ aRRer.The City Traffic Engineer is authorized to designate bicycle lanes on streets and shall mark and sign them in conformance with Cal. Veh. Code Section 21400.
Southerly side of Cliff Drove from Kings DlaGe to finder Drove Southerly side ef Riverside AveR61e Gliff Drove from Coast Highway to F=l ModeRa ni--cv a acre
Westerly side of Eastbluff Drove from BaGk Bay Drive to two hundred (200) feet Rertherly of Mar Vista Drove
i ithorly side of Vista del Sol from Vista del Ore to Easthli off flriio
12.56.080 Motorized Bicycles.
The licensing requirements of this chapter are applicable to motorized bicycles as that term is defined by the Cal.ifern+a Veh.+c4e Code Section 406. 24-819
Chapter 12.62
TEMPORARY STREET CLOSURE
12.62.030 Issuance of Permit.
The City Manager may issue a permit if the City Manager determines that the granting of the application for the time and location requested will not unreasonably inconvenience the public, create unusual traffic or policing problems, or interfere with the peace and quiet of the surrounding neighborhood. If the City Manager determines not to issue a permit, the City nnManager may either deny the same or refer the application to the City Council for a decision. If tThe City Manager decides to not issue the permit, the City Manager shall notify the applicant in writing, by PePSE)Ral GeP iGe er by nortified mail of his in the manner provided in Section 1.08.080, of the City Manager's -decision to deny the permit and of the#�s-_right to appeal said decision to the City Council or, if the matter is referred to the City Council, the date, time and location the application will be considered by the City Council.
If the City Manager issues a permit, the City Manager may impose such conditions in connection with its issuance as the City Manager deems reasonably necessary to ensure that the activity or special event will be conducted in an orderly manner with a minimum of inconvenience to the public. In addition, the City Manager may require that the permittee provide:
A Liability iRS PaRGe fer the PFE)teGtiGn of the p ihlin WhiGh RaMeS the GFt as aR additiGRal ir,ciire d with Specified minimi,m liabilityinsurance, which types and amounts shallte be determined by the G*Risk Manager.
B. ASas-4 security deposit to be used to reimburse the City for all extraordinary costs resulting from the activity or special event, such as placing and removing barricades, extra traffic control or police protection, and street sweeping and cleanup.
12.62.040 Appeal and Call 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 in issuing, failing to issue, suspending, or revoking any permit 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 Clerk. The City Clerk shall notify the applicant in writing by certified mail of the time and place set for hearing his appeal or 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 applicant, the City Manager, and all relevant evidence. The City Council may sustain, 24-820
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 or call an item for review regarding the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of lJ of a nortified I or in the I Kited Stated Pest Offm , , fifteen 5 days following the�epe�i#�����e## ��,��T�
notification of theadvisiRg the- _applicant of the action of the City Manager and of thel4s. right to appeal such action to the City Council, which notice shall be served in the manner provided in Section 1.08.080.
24-821
Chapter 12.63
SOLID WASTE MANAGEMENT*
12.63.010 Purpose and Intent.
B. It is necessary to regulate the collection of solid waste and to encourage recycling of solid waste materials, to meet the requirements of the California Integrated Waste Management Act of 1989, Cal. Pub. Resources Code, Division 30, Sections 40000 et seq.
12.63.020 Definitions
For purposes of this chapter, certain terms are defined as follows:
ii / - - -7) --- - - -- - - - l - - - - 2 K 1 - - - ""- - - M - - - I- ee
Manager, e
P blin Works DiFeGteF of the Gity eF their de-Sinnoo
"Collect" or "Collection" means the operation of gathering together and/or transporting by means of a motor vehicle or other means, any solid waste or recyclable material. "Commercial premises" means all occupied real property in the City including, without limitation, multiple housing (including housing projects containing or consisting of four or more units, whether apartment houses, condominiums, or mixed use projects, mixed use condominiums and rental housing, and which use commercial solid waste containers), wholesale or retail establishments, restaurants, other food establishments, bars, stores, shops, offices, mechanized manufacturing facilities, repair, research and development or professional services, sports or recreational facilities, industrial facilities, and construction and demolition sites; but shall not include property occupied by governmental agencies which do not consent to their inclusion, and residential premises which receive solid waste collection services using residential solid waste containers. "Commercial solid waste container" means any container for the temporary accumulation and collection of solid waste.
"Commercial solid waste handling services" means the collection, transportation, storage, transfer, disposal or processing of solid waste by private solid waste enterprises, and shall include, without limitation, the placement of commercial solid waste containers on public property.
"Container" means any vessel, tank, receptacle, box or bin used or intended to be used in the storage or collection of recyclable materials or in the process of recycling, or for the purpose of holding solid waste for storage or collection. 24-822
"Franchise fee" means the fee or assessment imposed by the City on the franchisee, which among other things, is intended to offset the City's expenses related to the administration of the Franchise Agreement, the Integrated Waste Management Program, the maintenance and implementation of the City's Source Reduction and Recycling Element, compliance with the California Integrated Waste Management Act, Cal. Pub. Resources Code, Division 30, Sections 40000 et seq., to compensate the City for damages to its streets, sidewalks, curbs and gutters and other infrastructure resulting from the franchisee's exercise of its rights under the franchise, reporting requirements and other related expenses.
"Franchisee" means any person granted a franchise by the City Council pursuant to Article XI I I of the City Charter and this chapter.
"Garbage" means kitchen and table wastes, and animal or vegetable wastes that result from the storage, preparation, cooking or handling of food or edible items. "Green waste" means any debris that is composed of organic material or plantlike matter which is a result of seasonal variations, landscape or gardening activities. This waste is to include, without limitation, grass clippings, leaves, shrubs, trees, branches, stumps, flowers, plant stalks and wood.
"Gross receipts" means all money, whether paid by cash, check, debit or credit, or other consideration collected from customers by franchisee that relates in any way to commercial solid waste handling services, whether the commercial solid waste handling services occur wholly or partially within the City, including, but not limited to, collection, removal, and/or disposal of garbage, solid waste, construction and demolition debris, green waste, industrial waste, roofing materials, trash, litter, refuse and/or rubbish, as well as fuel surcharges. Gross receipts shall also include all money received by any person other than the franchisee, where the money was paid to the person to avoid the franchisee's obligations under this chapter and/or the franchise. Gross receipts shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: (1) if any sales taxes are levied on the franchisee's commercial solid waste handling services in the City, the amount of State sales taxes collected in connection with the commercial solid waste handling services in the City and remitted to the State pursuant to State law; (2) the amount of documented bad debt write-offs due to uncollectible accounts for commercial solid waste handling services in the City, not to exceed three percent of gross receipts; and (3) revenues collected for commercial solid waste handling services provided on behalf of the City through a written contract. "Hazardous waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to Gafifernia-Cal. PubliEPub. Resources Code Section 40141, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C.
Sections 9601 et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act 24-823
("HSAX), codified at Gafifernia Cal. -Health &ate Saf.ety Code Sections 25300 et seq.; and all future amendments to any of them, or as defined by the Environmental Protection Agency, the California legislature, the California Integrated Waste Management Board, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous substance" or "hazardous waste" shall be construed to have the broader, more encompassing definition.
"Industrial waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment works, or solid waste placed in commercial solid waste containers excluding hazardous waste.
°Tpro�moons nn iRdiyid al firm paFtR FatiE)n inint dent lFe limited , , er�+�� , mrPcrRarc� rmT-cca
liability nE)mpaRye �i er onether b ioinocc entity.
Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling requirements" means the obligations imposed by or upon the City pursuant to State law, ordinance, resolution, policy, plan or program relative to recycling all, or a portion, of the solid waste stream generated within the City including, without limitation, State mandates to recycle fifty (50) percent of the solid waste generated within our jurisdiction and the provision of City -approved recycling services to all customers. "Rubbish" means and includes without limitation the following items: all waste and refuse capable of burning readily, including straw, packing materials, leather, rubber, clothing, bedding, books, rags and all other similar articles which will burn by contact with flames or ordinary temperature; ashes, crockery, china, pottery, metal wire and other similar materials which are rejected by the owner or producer thereof. "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential, commercial, and/or industrial premises, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, green waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. This excludes liquid wastes, abandoned vehicles and hazardous, biohazardous and biomedical wastes.
24-824
"Solid waste enterprise" means any individual, firm, partnership, corporation, joint venture, limited liability company or other business entity providing commercial solid waste handling services in the City.
"SRRE" means the Source Reduction and Recycling Element of the Integrated Waste Management document for the City prepared and updated pursuant to the Gafifemia Cal. Pub.4G Resources Code.
"State" means the State of California
12.63.050 Application for Franchise.
A. Required Forms. An application for a franchise shall be filed in the office of the M ininipal nnerati„nsPublic Works Department in writing on forms prescribed by the M ininipal I peratiORSPublic Works Director.
B 7. Such further information as the M `ninipal OperotiencPublic Works Director may reasonably require to evaluate and process the application.
E. Waivers. The MUROGipal OperatiORSPublic Works Director may waive the submission of items deemed unnecessary.
12.63.060 Municipal Operatio sPublic Works Department Review.
A. Time Limits and Notification. Within thirty (30) Gal�nar days of the filing of an application, the M iniGipal OperationcPublic Works Department shall determine whether the application is complete and notify the applicant in writing if the application is determined to be incomplete.
B. Incomplete Applications. If the application is determined not to be complete, the M ininipal nneratiensPublic Works Department shall notify the applicant in writing and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information or materials needed to complete the application. Upon the receipt of the information or materials needed to complete the application, or any resubmittal of the application, a new thirty (30) Galendar day review period shall begin to determine the completeness of the application.
C. Extension of Time Limits. Extensions of the time limits of the review period are permitted when mutually agreed upon by the ""MURi^i�� OpeFatiensPublic Works Department and the applicant.
12.63.070 Processing the Application.
Upon receiving an application that contains all of the information described in this chapter which is both complete and in a form acceptable to the Public Works DirectorGeneral Ser.,inec+ Dire„t„r, the Public Works Director General SeWiGes Dore shall process the application in accordance with the provisions of this chapter and Article XIII of the C Charter of the city of Newpert BeaGh for consideration by the City Council. 24-825
12.63.090 Franchise Fees and Environmental Liability Fund Fees.
B. Pursuant to Cal. Pub. Resources Code, Division 30, Part 23, Chapter 8 of the Public Resources Code Section 41900, et seq., or any successor previsieR, the ordinance granting the franchise shall prescribe a specific percentage of the fee for preparing, adopting and implementing an integrated waste management plan consistent with the SRRE. That portion of the fee shall be separately accounted for and shall be used only for the costs stated in Cal. Pubk. Resources Code Section 41901 prev 6 .
12.63.130 City Inspection Authority.
Any franchisee providing commercial solid waste handling services or conducting a solid waste enterprise in the City of Newport Beach shall keep and maintain books of account, income statements, tonnage reports and supporting documents and all other documents that relate in any way to business transactions conducted by the person in the City of Newport Beach for a period of three years after said service was provided and shall make these records and documents available to the City upon request by the City Manager, Public Works Director or Finance Director, or them desiRee.
12.63.140 Termination.
B. A notice of intent to terminate a nonexclusive franchise shall be personally delivered or mailed, at the discretion of the Municipal OperationsPublic Works Director, to the franchisee at the franchisee's address of record, shall state grounds for suspension or termination and shall give the franchisee notice of the time, date and place of a hearing before the City Council, which shall be convened not less than fifteen (15) days and no more than sixty (60) days after the date of notice, subject to continuance with the consent of the parties.
E. The decision to suspend or terminate shall contain findings of fact, a determination of the issues presented and shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5and GenGl Any suspension of a nonexclusive franchise shall state specific conditions upon which the nonexclusive franchise may be reinstated or terminated.
24-826
Chapter 12.64
VEHICULAR NUISANCES
Sections:
12.64.010
Scope.
12.64.020
Definitions.
12.64.030
Prohibited Operations.
12.64.040
Exceptions.
12.64.050
Operation by Permit.
12.64.060
Right to Revoke.
12.64.070
12.64080
Appeal or Call for Review.
Vmolatmon—Penalfies
12.64.090
Separ�arabW.
12.64.070 Appeal or Call for Review.
Any person whose application for a permit is denied or revoked may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after notification by the Chief of Police that said permit has been denied. A member of the City Council, in their official capacity, may call for review any decision of the Chief of Police under this chapter by filing written notice with the City Clerk within ten (10) days after the Chief of Police's decision. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall thereupon conduct a hearing on said appeal or call for review within thirty (30) days from the date of filing said notice of appeal or call for review with the City Clerk. 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 1094.5and ,.,,RGIU,.,o „n,,,, �11 „ePSG E; GGRGoMed 24-827
r
•
• •III
NO Mlli. •
► . r
►
11 ..
� � 1
Chapter 12.66
PRIVATE ROADS
12.66.010 Intent and Purpose.
This chapter is designed to provide for the application of the provisions of the California Cal. VehJG1e Code to privately owned and maintained roads that are not generally open for use of the public for purposes of vehicular travel by reason of their proximity to or connection with highways, when it is determined that the interests of any resident residing along such roads and the motoring public will be best served by the application of said provisions, as authorized by SeGtmE)R 21107.7 of the GalifGFRia Cal. Veh.+c4e Code Section 911n7 7
Whenever the term "California Vehicle Code" is used in this chapter, it shall be deemed to and shall include traffic regulations adopted by the City Council pursuant to any authorization of the Cafi#erRia-Cal. Veh_.+Ele Code as codified in Title 12 of thise Newpert Beach M RiGipal Code.
12.66.020 Signs.
Appropriate signs shall be erected at the entrance to any privately owned and maintained road, of such size, shape and color as to be readily legible during daylight hours from a distance of one hundred (100) feet, to the effect that said road is subject to the provisions of the Cafif9FRia Cal. Vehk4e. Code.
12.66.030 Application of Vehicle Code to Private Roads in The Big Canyon Planned Community District.
The provisions of the Sali#erRia Cal. Veh.+c4e Code shall not apply to any streets except the following: Canyon Island Drive, Sea Pine Lane, Sea Island Drive, Pine Valley Lane, Pauma Lane, Eldorado Lane.
12.66.050 Application of Vehicle Code to Private Roads in Newport Condominiums.
The provisions of the California Cal. Veh.+c4e Code shall apply to the following private streets in the Newport Condominiums residential development in the City of Newport Beach:
12.66.060 Application of Vehicle Code to Private Roads in Broadmoor Seaview Development.
The provisions of the Galif a -Cal. Veh.+c4e Code shall apply to the following private streets in the Broadmoor Seaview residential development in the City of Newport BeaGh:
12.66.062 Application of Vehicle Code to Private Roads in the Belcourt Development.
The provisions of the California Cal. Vehk4e Code shall apply to the following private streets in the Belcourt residential development in the Cityef Newport BeaGh:
24-829
12.66.064 Application of Vehicle Code to Private Roads in the Harbor Pointe Development.
The provisions of the Cal. Veh. Galif^rr,ia ` ehiGIG Code shall apply to the following private streets in the Harbor Pointe residential development in the City of Newport Reach:
12.66.070 Application of Vehicle Code to Private Roads in the Sea Island Development.
The provisions of the Cal. Veh. Galif^rr,ia ` ehiGIG Code shall apply to the following private streets in the Sea Island residential development in the City of Newport Beach-
12.66.080 Application of Vehicle Code to Private Roads in Harbor Ridge Development.
The provisions of the Cal. Veh. Galifernia ` ehir•le Code shall apply to the following private streets in the Harbor Ridge residential development in the City of Newport C2eaGh:
12.66.082 Application of Vehicle Code to Private Roads in the Terraces of Corona del Mar Development.
The provisions of the Cal. Veh. Galifernia Vehicle Code shall apply to the following private streets in The terraces of Corona del Mar residential development in the City ef Newport Beach:
12.66.083 Application of Vehicle Code to Bayview Circle.
The provisions of the Cal. Veh.Galif„r„ia Vehinie Code shall apply to Bayview Circle.
12.66.085 Application of Vehicle Code to Private Roads.
The provisions of SeGtie 22514 of the Cal. Veh. California Vehicle Code Section 22514 which prohibits parking within fifteen (15) feet of a fire hydrant shall apply to all private streets within the City of Newport E38aGh
12.66.087 Application of Vehicle Code to Private Roads in the Newport North Villas Development.
The provisions of the Cal. Veh. California Vehicle Code shall apply to the following private streets in the Newport North Villas residential development in the City of Newport Beach:
12.66.088 Application of Vehicle Code to Private Roads in the Villa Balboa Development.
The provisions of the Cal. Veh. California Vehicle Code shall apply to the following private streets in the Villa Balboa Development in the City of Newport Beanh:
12.66.090 Application of Vehicle Code to Private Roads in the Harbor Cove Development.
24-830
The provisions of the Cal. Veh. Galifernia Veh;Gle Code shall apply to the following private streets in the Harbor Cove Development:
12.66.092 Application of Vehicle Code to Private Roads in the Baypointe Apartments Development.
The provisions of the Cal. Veh. California Vehicle Code shall apply to the following private streets in the Baypointe Apartments Development in the City of Newport Roach:
12.66.094 Application of Vehicle Code to Private Roads in the Jasmine Park Development.
The provisions of the Cal. Veh.Gal;f"rnia ` eh;^'o Code shall apply to the following private streets in the Jasmine Park Development in the City of Newport Roanh:
12.66.096 Application of Vehicle Code to Private Roads in the One Ford Road Development.
The provisions of the Cal. Veh. California ` eh;^'o Code shall apply to the following private streets in the One Ford Road Development in the City "f Newpert Bea`.h:
12.66.098 Application of Vehicle Code to Private Roads in the Newport Ridge North Community.
The provisions of the Cal. Veh. California ` ehiGle Code shall apply to the following private streets in the Newport Ridge North residential development in the City of Newpert BeaGh:
Bandol
Nerval
Bargemon
Riez
Cavaillon
Rivage
Chambord
Rochelle
Fayence
Ronsard
Ferrand
Seyne
Fontaine
Sommet
Harcourt
Tarascon
Darden
Vernon
Le Mans
Vincennes
Musset
24-831
Chapter 12.68
RESIDENTS' PREFERENTIAL PARKING
12.68.040 Preferential Parking Privileges —Issuance of Permits.
C. Duration of Permits. Permits issued pursuant to this section shall remain effective for one year, commencing January 1st and ending December 31 st, or fraction thereof, or until the preferential parking zone for which such permit was issued Was eliminated, whichever period "f timo ep riod is less. NetwithMandiRgthe feMgGiRg, eFmitS;SSY8d to 24-832
Chapter 13.01
STREET CONSTRUCTION PERMITS
Sections:
13.01.010
Findings and Purpose.
13.01.020
Permit Required.
13.01.030
Application.
13.01.040
Fees.
13.01.050
Standards for Issuance of Permit.
13.01.060
Conditions and Fair Share Fees.
13.01.070
Bonds and Insurance.
13.01.080
Appeal or Call for Review.
13.01.090
Datum Plane.
13.01.100
Duty of Property Owners to Repair and Maintain.
13.01.040 Fees.
An application for permit shall be accompanied by a fee ^f SeVe ,ty five dollars ($75 00) as set forth in a resolution adopted by the City Council. In addition to the application fee, the Public Works Director may charge a fee for all inspection, plan checking and engineering services performed in conjunction with the application. Thorn foes shall be ,
13.01.070 Bonds and Insurance.
The following bonds shall be posted by the applicant prior to performing any work under a permit issued pursuant to this chapter:
A. A labor and materials bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City —of Newport BeaGh-1 and
B. A performance bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City of Newport Beach; and
24-833
re F
wnkjunder EA &GtO the (City of Newport BeaGh shall be determined by the Risk Manager; and
D. Such other bonds, policies of insurance or guarantees, as may be determined necessary or appropriate by the Public Works Director and Risk Manager, to ensure that City is fully protected from any loss, liability, claim or damage that may arise out of, or any way relate to, the performance of work pursuant to the permit.
13.01.080 Appeal or Call for Review.
Any applicant aggrieved by a decision of the Public Works Director shall have the right to appeal the decision to the City Council by filing written notice of appeal. The appeal must be filed with the City Clerk within ten (10) days from the date on which notice of the decision is deposited in the U.S. mail, postage prepaid and addressed to the parties as provided on the application for permit. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director under this chapter by filing written notice with the City Clerk within ten (10) days from the date on which notice of the decision is served in the manner provided in Section 1.08.080depesited it the U.S. mall, pestage prepaid and addressed to the parties as provided en the appliGati for. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall, within thirty (30) days from the date on which an appeal is received or a call for review is filed, schedule a hearing on the appeal or call for review within a reasonable period of time. The City Council may preside over the hearing on appeal, or may designate a hearing officer to take evidence and submit a proposed decision, together with findings, to the City Council within fifteen (15) days from the date of the hearing. The City Council shall hear all decisions called for review. The City Council shall render its decision within thirty (30) days from the date of the hearing, 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.
13.01.090 Datum Plane.
The North American Vertical Datum of 1988 (NAVD 88)The sea evel d r+��z° established by the -United States Geast and-Geedeti�ey, is hereby established as the official datum plane of the City for the purpose of determining the grades and elevations of streets and sewers and for any other public works within the City, and for measuring all other grades, elevations, or surface points in the City, except that harbor work, dredging, and harbor structures may be referenced to mean lower low water, as established by the United States Coast and Geodetic Survey in and around Newport Harbor.
13.01.100 Duty of Property Owners to Repair and Maintain. 24-834
When any portion of any sidewalk constructed in the City shall be out of repair, and in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, or when any condition shall exist on any sidewalk as is defined in Sectiee 5600othe-Cal. Sts.reet and-& HighwayHH . Code of Section 5600tho State of GaInfornia then no owner or person liable shall neglect or refuse to make repairs when required to do so in the manner and as provided for in Seet+en 5610 5618 of the i`olifornio Streets and Highways,Cal. Sts. & Hy. Code Sections 5610- 5618.
24-835
Chapter 13.06
CURB CUTS AND OTHER ALTERATIONS TO PUBLIC STREETS
13.06.070 Right of Appeal and Call for Review.
Any person who objects to or disagrees with any decision of the Public Works Director which is made pursuant to this chapter shall have the right to appeal to the City Council by filing written notice of appeal with the City Clerk within thirty (30) days after r the notice of the decision of the Public Works Director is served in the manner provided in Section 1.08.080. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director which is made pursuant to this chapter by filing written notice of appeal with the City Clerk within thirty (30) days after the decision of the Public Works Director. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such a notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter, and shall advise the appellant, if any, of the date, time and place on which the appeal or call for review will be heard at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc.
Section 1094.5and GenGl The City Clerk shall notify the property owner by mail of the decision of the City Council in the manner provided in Section 1.08.080. 24-836
Chapter 13.07
REPLACEMENT OF CURB CUTS AND DRIVEWAY APPROACHES
13.07.010 Establishment of Nuisance Abatement Procedure.
Any portion of a curb cut or driveway approach on any public street which is no longer needed or used for reasonable vehicular access to the property served is hereby declared a nuisance which may be abated pursuant to the procedure established by this chapter which is adopted under the authority contained in SeGt;GR 200 of the City Charter Section 200 and SeGtOGR 38773.5 of the pia Cal. Gov.eFRMeRn Code Section 38773.5. 24-837
Chapter 13.08
PLANTING
Sections:
13.08.010 Jurisdiction and Authority.
13.08.020 Official Tree List.
13.08.030 Removal or Relocation of Plants by City.
13.08.040 Tampering with Planting Prohibited.
13.08.050 Prohibited Activities.
13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway.
13.08.010 Jurisdiction and Authority.
Subject to the administrative control established by the City Charter, any applicable City Council policy, and the provisions of this chapter, the MURiGipal QPeFatiGRsPublic Works Department shall exercise jurisdiction and control over the planting, maintenance, and removal of trees, shrubs, and plants in all public areas under the control of the City, and shall have the authority and duties prescribed in this chapter.
13.08.020 Official Tree List.
The City Council shall adopt an official tree list which shall set out the names of the streets in the City and the species of tree or trees that may be planted on each such street or portion thereof. The list shall be adopted by resolution and provided to the public by th Public Works Department upon reauest.threo GODieSthereofshall be en file in +he
13.08.050 Prohibited Activities.
D. Attaching Electrical Apparatus. No person shall attach any electric wires or any device for holding electric wires to any tree, plant or shrub growing in any public street right-of- way or other public property under the control of the City without approval of the City Council. No person shall, without written permission from the M ininipal Operation sDeputy Public Works Director — Municipal Operations, trim, cut or break any part of such tree, shrub, or plant in order to make passage for electric wires.
13.08.060 Owners of Premises Required to Trim Branches and Maintain Adjacent Parkway.
The occupant in charge or, if there is no such occupant, the owner of every lot or parcel of land shall:
A. Maintain the area between their property line and the curb of the street including, but not limited to, all landscaping, plants and grass in the parkway B. Ttrim the branches of any tree, shrub, or plant on his property, and shall all shrubs and plants in the area between their property line and curb of the streetparkway adjaGont to his proper+,,, so that same shall not encroach upon the sidewalk or street in such manner as to impede or interfere with traffic thereon or obstruct the passage of light from any streetlight to the street or sidewalk.
The City shall trim and prune all trees located in the public street right-of-way. 24-839
Chapter 13.09
PARKWAY TREES
13.09.010 Parkway Trees Required.
Any person who constructs a new building, who causes a building to be moved onto vacant land, or who causes an increase in the original floor area of an existing main building by more than fifty (50) percent of its original size, shall be responsible for planting trees in the parkway abutting the building site in accordance with City rules, regulations and policies. The parkway tree shall be at least a thirty-six inch (36") box of the type, variety and/or species determined by the City in accordance with the City Street Tree Designation List. Automated irrigation shall be established for the newly planted tree from the property under construction. If the City determines that because of the location, terrain or condition of the property that required tree planting is impractical at the abutting parkway, the City shall plant the thirty-six inch (36") box tree at a location designated by the City.
Chapter 13.18
USE OF PUBLIC SIDEWALKS FOR OUTDOOR DINING
13.18.010 Applicability.
Notwithstanding any other provisions of this Ceode, it is unlawful for any restaurant business to place furniture or equipment on a public sidewalk for outdoor dining without first obtaining a valid sidewalk cafe license encroachment permit which shall provide for indemnification of the City and the maintenance of liability and other insurance coverage as determined by the Risk Manager, and which shall conform to City Council Ppolicy regarding sidewalk cafe standards and procedures.
24-841
Chapter 13.20
PUBLIC RIGHTS -OF -WAY
Sections:
13.20.010 Purpose —Authority.
13.20.020 Definitions.
13.20.030 City Policies Regarding Use of the PROW.
13.20.040 PROW Permit —Applicability.
13.20.050 Exemption.
13.20.060 PROW Permit Application.
13.20.070 Issuance of a PROW Permit.
13.20.080 Construction Plan.
13.20.090 Conditions of Use of PROW.
13.20.100 Excavations.
13.20.110 Post -Excavation Repair and Maintenance.
13.20.120 Coordination of Excavation.
13.20.130 Financial Security and Fees.
13.20.140 Duty to Remove Facilities from PROW and Public Property.
13.20.150 Construction and Maintenance.
13.20.160 Construction Default.
13.20.170 City Vacation or Abandonment.
13.20.180 Facilities Agreements.
13.20.190 System Location Data.
13.20.200 Indemnity.
13.20.210 Liability Insurance.
13.20.220 Failure of the City to Enforce this Chapter.
13.20.230 Company or its Assignees Subject to Present and Future Ordinances and/or Resolutions.
13.20.240 Notices.
13.20.2 'F5 Sey rab*ty
24-842
13.20.250
Administration —Declaration of Powers and Authority.
13.20.260
Revocation and Termination.
13.20.270
Appeals from Action of the Director.
13.20.275
Possessory Interest.
13.20.280
City's Obligation.
13.20.290
Opportunity to Cure and Correct.
13.20.020 Definitions. ��
"Chapter" URIess oth ncrvvi_ aeccified,
0 Gib y" means the City of Newport Reach
"Director" means the Director of the City's Department of Public Works er his er her desigRee.
,
er ether business emit" assesiatien er an" ether legal emit" , ,
a „ er "streets"
sidewalks, RqeaRE; aRY street, read, highway, alley, IaRe, GeuFt, boulevard, er eth&r similar publiG way, inGludiRg related faGilities SUGh as rnediaRS, parkways, traffig signals aR d signs
13.20.040 PROW Permit —Applicability.
In addition to any agreement, license, permit or franchise required by this chapter or any other chapter of this CEode, and in addition to any other permit or entitlement required by local, state or federal law, company shall obtain a PROW Permit prior to performing any work in the PROW and shall pay all fees required by this chapter.
13.20.070 Issuance of a PROW Permit.
B. 6 Compliance with the requirements of this chapter, thise CEode and other federal, Sstate and local requirements.
F. Duration and Validity. Permits shall be void if the work has not begun within ninety (90) GaIeRdaF days of the start date specified in the permit, if the excavation is not prosecuted diligently to its conclusion, or if the excavation, including restoration, has not been completed within the specified duration; provided, however, that the Director may, upon good cause, issue extensions to the start date, the duration of excavation, or both upon request from company.
13.20.100 Excavations.
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B 2. At least ten 10 Galendar days prior to commencement of the excavation, company shall provide written notice delivered by United States mail to each property owner on the street affected by the excavation and each affected neighborhood and merchant organization that is listed in the latest Assessor's Roll for names and addresses of property owners shall be used for the mailed notice. This notice shall include the same information that is required for the posted notice pursuant to this subsection (B)(1) and the name, address and twenty-four (24) hour telephone number of a person who will be available to provide information to and receive complaints from any member of the public concerning the excavation, or
3. At least ten LlOGafdays prior to commencement of the excavation, company also shall deliver a written notice to each dwelling unit on the block(s) affected by the excavation. This written notice shall include the same information that is required for the written notice pursuant to subsection (13)(2) of this section.
E. 4. Moratorium Streets. The Department may not issue any permit to excavate in any street that has been reconstructed or resurfaced by the Department or any other owner or person in the preceding five-year period. However, the Director may, in his or her discretion, grant a waiver of this subsection for good cause. Good cause shall include the fact that the need to excavate arose in spite of company's full compliance with the coordination of excavation provisions in Section 13.20.120. The Director is authorized to grant a waiver for an excavation that facilitates the deployment of new technology or new service as directed pursuant to official City policy. The Director shall issue his decision on a waiver within a reasonable period after receipt of a written request for a waiver. The Director may place additional conditions on a permit subject to a waiver. The Director's decision regarding a waiver shall be final subject to review in accordance with Section
13.20.270.
F 3. Storage of Materials. Materials and equipment used for the excavation within seven GaIeRdar days may be stored at the site of the excavation, except that fill material, sand, aggregate, and asphalt -coated material may be stored at the site only if it is stored in covered, locked containers.
H 4. Incomplete Excavation —Completion by the City. In any case where an excavation is not completed or restored in the time and manner specified in the permit, this chapter, or the orders, regulations, and standard plans and specifications of the Department, the Director shall order company to complete the excavation as directed within twenty-four (24) hours. If company should fail, neglect, or refuse to comply with the order, the Director may complete or cause to be completed such excavation in such manner as the Director deems expedient and appropriate. The company shall compensate the City for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City or other agencies, boards, commissions, departments of the City that were made necessary by such excavation. The cost of such work also may be deducted from company's security fund pursuant to Section 13.20.130. The Director's determination as 24-844
to the cost of any work done or repairs made shall be subject to review in accordance with Section 13.20.2704,af.
13.20.110 Post -Excavation Repair and Maintenance.
C 1. In the event that any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the Director's notice, the Director may repair or restore, or cause to be repaired or restored, such condition in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the City that were made necessary by reason of the repair or restoration undertaken by the Department. The cost of such work also may be deducted from company's security fund. The Director's determination as to the cost of the repair or restoration performed shall be subject to review in accordance with Section 13.20.2704+aa4.
D 2. If the responsible party is inaccessible or fails, neglects, or refuses to take immediate action to remedy the condition as specified in the communication, the Director may remedy the condition or cause the condition to be remedied in such manner as the Director deems expedient and appropriate. The person(s) identified by the Director as the responsible party shall compensate the Department for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other agencies, boards, commissions, departments of the City that were made necessary by reason of the emergency remediation undertaken by the Department. The cost of such work also may be deducted from company's security fund pursuant to Section 13.20.130.
The Director's determination as to the cost of any remediation performed shall be fi subject to review in accordance with Section 13.20.270.
13.20.120 Coordination of Excavation.
B 2. Except when waived by the Director, at least one hundred eighty (180) Ga'�ar days prior to undertaking the resurfacing and reconstruction of any street, the Department shall send a notice of the proposed repaving and reconstruction to each company.
13.20.150 Construction and Maintenance.
C. Company shall place all above -ground active and passive equipment in flush mounted or low profile waterproof pedestals whose design, size, location, color within manufacturer's specifications, appearance, and placement have been previously approved by the Director in writing and shall be in conformity with thise eCode and all applicable City ordinances, regulations, rules, and guidelines.
13.20.210 L+abil+ty Insurance.
24-845
A. Except as provided in or as supplemented by any franchise agreement, license or permit, company shall secure and maintain., at all times, publi^'iability property damage insurance, which types and amounts shall be determined by the Risk Manager. apd -
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13.20.270 Appeals from Action of the Director.
If company is aggrieved by any decision of the Director under this chapter, company may appeal the decision to the City Manager by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the Director's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. The City Manager, not less than ten 10 days from the date on which the appeal was filed with the City Clerk, shall hear the appeal and all relevant evidence, and shall determine the merits of the appeal. The City Clerk shall provide written notification of the time and place set for hearing the appeal.
The City Manager may sustain, overrule or modify the action of the Director, and 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.
The right to appeal to the City Manager shall terminate upon the expiration of ten days following personal delivery to company or the deposit of a letter in the United States mail advising company of the action of the Director and of the right to appeal such action to the City Manager.
13.20.275 Possessory Interest.
By accepting any PROW Permit granted pursuant to this chapter, company acknowledges that notice is and was hereby given to company pursuant to Cal.a Rev.eRue &aPA TaxatiORrTax. Code Section 107.6 that the use or occupancy of any public property may cause certain taxes to be levied upon such interest. Company shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any PROW or public property pursuant to any right of possession, occupancy or use created by any PROW Permit.
24-847
Chapter 14.04
UTILITIES DEPARTMENT — GENERAL REGULATIONS*
Sections:
14.04010
1 0 n2U�+ies
T�
14.04.040
Utilities Department Established.
LT�S-Manager -Defined.
Interference with Employees Prohibited.
14.04.050
Tampering with Pipes —Altering Water Flow.
14.04.060
Disclaimer of Liability.
14.04.070
Maintenance and Use of Fire Hydrants.
14.04.080
Permit to Use Fire Hydrants.
14.04.090
Cancellation of Fire Hydrant Use Permit.
14.04.100
Obstructing Fire Hydrants.
14.04.110
Water Shut -Off for Repairs or Extension.
14.04.120
Right of Inspection.
14.04.130
Enforcement —Report of Violations.
14.04.140
Sale of Water Outside City.
14.04.150
Contractual Agreement to Supply Water Outside City.
14.04.160
Sale of Excess Water Outside City.
14.04.170
Sale to Serve Area of Acquired Agency.
14.04.180
Conditions of Service.
14.04.190 City Relieved of Liability.
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14.04.040 Interference with Employees Prohibited.
No person shall interfere with or obstruct the PubliG Works DiFeGtE) er on" of his er her duly appointed agents or employees or the Muninipal Operation- Utilities Director or any of his or her du4y he Utility Director's appointed agents or employees, in the execution of any lawful order or the provisions of this chapter in the maintenance and operation of the Utilities Department.
14.04.050 Tampering with Pipes —Altering Water Flow.
No person, other than the Utilities Manage -Utilities Director, or the Utilities Director's4s duly appointed agents or employees, shall remove, change, disturb, or in any way tamper or interfere with any of the facilities, apparatus, appliances, or property used or maintained for the production, storage or supply of water by the City to consumers thereof, or without prior permission of the Utilities Manage -Utilities Director, turn the water on or off from the premises or place.
14.04.070 Maintenance and Use of Fire Hydrants.
Public fire hydrants shall be placed, maintained and repaired by the Utilities Department.
Any damage thereto by persons or agency other than representatives of the Fire Department or Utilities Department shall be a claim against the person or agency committing such damage, and the Utilities Manage -Utilities Director shall take such action as may be necessary to collect the same.
Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the Utilities Department and Fire Department for such persons as may be authorized to do so by the Chief of the Fire Department, or the Utilities MaRageYUtilities Director Of the Utill Depar+men+ as herein provided.
14.04.080 Permit to Use Fire Hydrants.
All persons desiring to use water through fire hydrants, or other hydrants owned or controlled by the City, shall be required to obtain a permit, first, from the Chief of the Fire Department and second from the Utilities Manag 4Utilities Director of Utilities Departmen+ who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the City for water used or damage to •
hydrants or equipment is delinquent. All such persons having a permit for use of water from the fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.
14.04.090 Cancellation of Fire Hydrant Use Permit.
Permit for the use of water through the fire hydrants of the City may be canceled at the will of the Utilities MananorUtilities Director on evidence that the holder thereof is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing delivered or mailed to the persons to be notified and shall be immediately effective and enforced.
14.04.130 Enforcement —Report of Violations.
It shall be the duty of the employees of the City to give vigilant aid to the Utilities AAaRagerUtilities Director in the enforcement of the provisions of this chapter, and to this end they shall report all violations which come to their knowledge, to the Utilities Department; and it shall be the duty of the Chief of the Fire and Marine Department to report immediately to the Utilities Ma age Utilities Director in case of fire in premises having metered service for fire protection purposes that fire has occurred there.
14.04.150 Contractual Agreement to Supply Water Outside City.
Subject to all restrictions on the City's power to do so, water may be sold by the City for use outside the City within the boundaries of either (glacial M Rinipal Water DiStriGt 0r the Municipal Water District of Orange County,��_to persons or public agencies, or the assigns of either, who own contractual rights or interests in any City transmission main or mains or to whom the City has an obligation, pursuant to any contract heretofore or hereafter approved by the voters of the City, to supply water for such use. Except when the provision of contracts heretofore made require otherwise, such sales shall be made and subject to the same rules and regulations as sales of water are made to inhabitants of the City. A written contract authorized by the City Council setting out the terms and conditions of the sale and any special circumstances applicable thereto shall be required with each such person or agency who desires to purchase water for use outside the City.
14.04.160 Sale of Excess Water Outside City.
Subject to all restrictions on the City's power to do so, the City may sell water, to the extent it has a supply in excess of that required to adequately serve the inhabitants of the City and the persons and agencies described in Section 14.04.150, to other persons or agencies for use outside the City within the boundaries of ei-theFtlee Coastal MwRiGipal Water DiStriGt or the Municipal Water District of Orange County, of both, but only so long as the excess supply continues. The City may sell on a month -to -month basis or may require a contract with each purchaser where the City determines it to be in the best interests of the City to do so. Such sales shall be subject to the same rules and regulations as for water used inside the City. The City is under no obligation to continue any such 24-850
service, and no purchaser receiving such service shall acquire any right to have the service continued.
14.04.170 Sale to Serve Area of Acquired Agency.
Water may be sold by the City for use outside the City within the boundaries of either the Geastal M iniGipal Water Distrin+ or the Municipal Water District of Orange County and within the service area of any water distributing agency, the assets of which have been acquired by the City from such agency. Such sales shall be subject to the same rules and regulations as for water sold within the City. 24-851
Chapter 14.08
WATER CONNECTIONS*
14.08.010 Water Connection Authority.
No person is, or shall be authorized to, install any pipe, apparatus, appliance or connection w4h-totl��Utilities Department the City's utilities system, except the Utilities nn Utilities Director or his the Utilities Director's duly appointed agents or employees.
14.08.030 Connection Method.
Upon presentation at the office of the Utilities Department of the receipt for installation of fees and execution of the agreement hereinbefore provided for, the Utilities M Utilities Director shall cause the premises described in the application, if the same abut upon the street or alley upon which there is a City water main, to be connected with the City's water main by a service pipe extending from the main to the curb line on the front of the property or to the side or rear, and including a stop -cock placed, which service pipe and stop -cock shall thereafter be maintained by and kept within the exclusive control of the City. In cases of application for water service on premises not abutting upon a street or alley upon which there is a City water main, the City will lay its service pipe from the main toward the premises for a distance not to exceed one hundred (100) feet, and permit connection by means of a union and pipes laid at the expense of and maintained by the owner of the service, or may in the discretion of the Utilities Man-agerUtilities Director, upon the payment of the actual costs thereof, extend the service to the premises of the applicant along and beneath any public street of the City, but not otherwise. No service connection less than one inch in size shall be installed.
14.08.050 Flow Protection Devices Required.
An approved double-checked valve or other _backflow protection devices approved in accordance with Chapter 14.10 shall be installed in all existing water systems of all consumers, at the expense of the consumer, before service will be continued or granted when any one of the following conditions apply:
A. Where an unapproved fresh water supply is already available from a well, spring, reservoir or other source, the installation of backflow protective devices may not be required. If the consumer agrees to abandon this other supply and agrees to remove all pumps and piping necessary for the utilization of this supply, service may be granted.
B. Where salt water, or water otherwise nonpotable, is available for industrial or fire protection purposes, or where fresh water hydrants are or may be installed on docks.
C. Where the premises are or may be engaged in industrial processes using or producing process waters or liquid industrial wastes, or where the premises are or may be engaged in handling sewage or any other dangerous substance. 24-852
D. Where the circumstances are such that there is special danger of backflow of sewage or other contaminated liquids through plumbing fixtures or water -using or treating equipment, or storage tanks and reservoirs.
E. Where an approved water supply line terminates as a pier head outlet which is used to supply vessels at piers or waterfronts. These installations shall be located where they will prevent the return of any water from a vessel or any other source into the City water supply system.
F. Where the premises are used for a trailer park.
24-853
Chapter 14.10
CROSS -CONNECTION CONTROL PROGRAM
Sections:
14.10.005 Purpose.
14.10.010 Definitions.
14.10.015 Cross -Connection Protection Requirements.
14.10.020 Backflow Prevention Devices.
14.10.025 User Supervisor.
14.10.030 Administrative Procedures.
14.10.035 Water Service Termination.
14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
14.10.045 Violations.
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CIA 10 050 Seyerab4 fty
14.10.005 Purpose.
The purpose of this chapter is (1) to protect the public water supply against actual or potential cross -connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross -connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross -connections between drinking water systems and sources of contamination; (4) to prevent the making of future cross -connections in the future; (5) these regulations are adopted pursuant to the State of Galifnrnia ArdmiRistrotivo Code 17 T41e , hool+h CCR ClCode Reos. Sections 7583 throuah 7605eRti+led "Qery„latie ;?RelatiR tO
14.10.010 Definitions
Air -Gap Separation (referred to as AG). The term "air -gap separation" or k"AG"4 means a physical break between a supply pipe and a receiving vessel. The air -gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.
24-854
14.10.015 Cross -Connection Protection Requirements.
A. Where Protection is Required.
1. Each service connection from the City water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the City; and is approved by the public health agency.
B2 Two or more services supplying water from different street mains to the same building, structure or premises through which an interstreet main flow may occur, shall have
shall) r et be GORsideror! adequate if-backflow protection +s-deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow devices at such service connections shall be required.
14.10.020 Backflow Prevention Devices.
B 1. Backflow prevention devices shall be installed in a manner prescribed in S 7603, T--„ti&_17 CCR Section 7603 . Location of the
devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device. a. Air -Gap Separation (AG). The air -gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air -gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.
b. Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the device and with a minimum of twelve (12) inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the city.
C. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible 24-855
for • and maintenance. if a deuble GheGk valve assembly is put belew grade it must be installed On a vault suGh that there is a monornurn of sox -OnGhes between . r
14.10.040 Requirements for the Certification as a Backflow Prevention Device Tester.
Each applicant for certification as a tester of backflow prevention devices shall file an application with the Utilities MaRagerUtilities Director of the City of NewpE)Ft BeaGh. The certification shall be granted if the applicant satisfies the following minimum requirements:
A. Appi iGaRtS shall have had at least twell) years'....., R PIUMbiRg or pope fittipg er equivalent qualifiGatirinc
BA. Hold a valid certification from the American Water Works Association (AWWA), California -Nevada Section, from a County certification program, or have equivalent training in the opinion of the City and the Health Department.
BS. Each applicant for certification as a tester of backflow prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly test such devices. He shall be responsible for the competency and accuracy of all tests and reports prepared by him.
C9. Competency in all phases of backflow prevention device testing and repair must be demonstrated by means of education and/or experience. 1 10 050 SeyerahiW
Ghapter, er aRY part thereof, is fe_r aRY reaSOR held to be iRvalid, suGh deGiSieR shall RE)t -------------
24-856
Chapter 14.12
WATER RATES AND CHARGES*
14.12.090 Delinquent Water Service Discontinuance and Fees.
A 4. In situations other than as set forth in subsection (A)(5) of this section, for nonpayment of a bill for services previously rendered to the customer at any location served by the City provided such bill has been delinquent for at least sixty (60) ra'�aT days and is not paid within seven (7) business days after mailing of a delinquent notice.
5. For failure to abide by the terms of an alternative payment arrangement entered into between the City and the customer, as provided in subsections (C)(3) or (4) of this section, by failing to do any of the following for sixty (60) ^a'�ar days or more:
F. The City Manager shall create and promulgate a written policy, to be available on the City's website, regarding the discontinuation of residential water services for nonpayment.
Such policies shall be in conformance with the requirements of SafiferRia-Cal. Health &aPA Safety Code Sections 116900 et seq., .
14.12.095 Customer Requests.
Except for the discontinuation of water service for failure to abide by the terms of an alternative payment arrangement, as provided in Section 14.12.090(A)(5), any residential customer who has initiated a complaint or requested an investigation up to the calendar day prior to scheduled date of service discontinuation, as stated in the delinquent notice required by Section 14.12.110, or who has, before discontinuance of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by the City. The review shall include consideration of whether the customer shall be permitted to defer payment on the bill for thirty (30) c-a'e�rdays or participate in an alternative payment arrangement where the unpaid balance of the delinquent account is paid back monthly, over a period not to exceed twelve (12) months.
Any customer whose complaint or request for an investigation has resulted in an adverse determination by the City's Revenue Division may appeal the determination to the Finance Director or his or her desigRee.
14.12.100 Due Date.
All customers whose premises are connected to the municipal water system shall be billed on a regularly scheduled basis and all charges shall be received by the due date indicated on the municipal services statement, of which said due date shall be no less than nineteen (19) GaleRdar days after the date of mailing.
14.12.110 Delinquent Notice.
24-857
B 6. The procedure to request a deferment of the payment for thirty (30) Galendar days, or a payment plan.
24-858
14.12.125 Delinquent Water Service Restoration.
A 3. For a residential customer who demonstrates that their household income is below two hundred (200) percent of the federal poverty line, such restoration charge shall not exceed the lesser of fifty dollars ($50.00) or the cost of services during regular work hours; or exceed the lesser of one hundred fifty dollars ($150.00) or the cost of services during non -regular work hours. aegiRRORgjaR ��,2821,-Effective January 1, of each year, such charges shall automatically adjust annually to reflect changes in the Consumer Price Index for the preceding twelve months, rounded down to the nearest dollar "�@ eff8ntOV8 apAggr 1 fnr /III Urban n the c I Gt �d In I area nnoloc_ rvrrcrrv-rr���.�'���e�ii-r-n-rc�et�Gt�rvEai--ar C��AI"�GTL..T nnn BeaGh_ Raheime California
14.12.150 Third -Party Notification.
The City shall make available to its residential customers who are dependent adults as defined (1) of s bdiVic iGn (b) Of SeGti^�10ofthe -Cal. Welf.afe &aAd Inst.itUt+eRs Code Section 15610 (b)(1)-, a third -party notification service, whereby the City will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to discontinuation. The notification shall include information on what is required to prevent discontinuance of service. The residential customer shall make a request for third -party notification on a form provided by the City, and shall include the written consent of the designated third party. The third - party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay discontinuance of service.
14.12.160 Landlord and Tenant.
Whenever the City furnishes either individual metered or master metered water service to residential occupants in a single-family dwelling, multi -unit residential structure or mobile home park, where the owner, manager or operator is listed as the customer of record, the City shall make a good faith effort to inform the residential occupants, by means of a written notice, when the account is in arrears, that service will be terminated at least fifteen (15) Galendar days prior to such discontinuance. Such notice shall further inform the residential occupants that they have the right to become customers to whom service will then be billed, without being required to pay any amount which may be due on the delinquent account.
24-859
Chapter 14.16
WATER CONSERVATION AND WATER SUPPLY SHORTAGE PROGRAM
14.16.010 Findings and Purpose.
C 6. California- Cal. WaterWat. Code Section 375 authorizes a water supplier to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.
14.16.020 Definitions.
"Director" shall mean the Director of the City of Newport Beach's Utilities Department his or her designee
14.16.040 Permanent Mandatory Water Conservation Requirements.
N. Use of Hydrants. No person shall use water from any fire hydrant for any purpose other than fire suppression or emergency aid without first obtaining a City hydrant meter account or written approval from the Director or his or her design . Absent a meter account or Director approval, water theft and meter tampering fees shall be applied as appropriate.
14.16.050 Procedure for Declaration and Notification of Water Supply Shortage.
A. Upon the Director's determination of the existence of a water supply shortage based on the criteria and stages defined in the City's Water Shortage Contingency Plan, the City Council may declare a water supply shortage from Level One up to Level Six. In accordance with GalifOrnia WaterCal. Wat. Code Sections 350 through 352, the City Council may also declare a Level Six catastrophic water supply shortage in response to a disaster or sudden event that has or threatens to significantly diminish the reliability or quality of the City's water supply.
14.16.130 Relief from Compliance.
F. Appeal of Final Decision. A customer may appeal the decision of the Director by submitting a written request within fifteen (15) days of the date of the Director's written decision. Awritten appeal request shall be submitted to the City Manager and include the reasons for the request and signature of the customer submitting the request. The City Manager may approve or disapprove the appeal within thirty (30) days from receipt of a request. The City Manager shall hear the appeal and 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.
14.16.140 Enforcement.
24-860
BS. Additional Enforcement Options. In addition to the fines and penalties provided for in Chapters 1.04 and 1.05, tThe City may impose the following requirements on a customer in the event of a continuing or willful violation:
1. Water Flow Restrictors. The City may install a water flow restrictor of approximately one Lagallon per minute for services up to one and one-half LLL/2) inches in size and comparatively sized restrictors for larger services. Prior to doing so, the City shall first provide a minimum of forty-eight (48) hours' notice of its intent to install a water flow restrictor. In the event that a customer refuses to permit the installation of a water flow restrictor following the City's election to do so, the City may terminate the customer's water service.
2. Termination of Service. The City may disconnect a customer's water service for willful violations of mandatory restrictions in this chapter. 24-861
Chapter 14.17
WATER -EFFICIENT LANDSCAPING
14.17.010 Definitions.
N. "Licensed professional" means a licensed landscape architect, California licensed landscape contractor, civil engineer, architect, or any other person authorized to design or construct a landscape pursuant to SeEtiens 5500�615 5641,5641.1, , 5641-.2-, San 3 San n San ti 564 a 6701 and 7027.5 of the Galif a -Cal. BuS.MRess &aPA Prof.ec�;6 Code, Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5. 5641.6. 6701. and 7027.5. 98GtOOn 832.27 of Title16 CCR of the GalifE)FRia Gode of C?egulati^nc Section 832.27, and eon+inn 6721 of the Cal.#erRia Food &a4dAgrkYltUFG Code Section 6721,
R. "MWELO" means the Water Efficient Landscape Ordinance as set forth in 23 Cad Code ef ,CCR Division _, Chapter 2.7—,Section 490 et seq. 24-862
Chapter 14.20
WATER METERS*
14.20.010 Property of City —Damaged or Lost Meters.
A. All meters, unless otherwise authorized by the Utilities Manage -Utilities Director, shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped, or the service connection discontinued or abandoned.
14.20.060 Meters Inside Premises.
When a water meter is placed inside the premises of a consumer, for the convenience of the consumer, provisions shall be made for a convenient meter reading and repairing by representatives of the City. Failure to make such provisions by the consumer shall be sufficient cause for removal of such meter at the option of the Utilities Manage -Utilities Director and the withholding of service until connection is made at the curb -line as herein provided.
24-863
Chapter 14.24
SEWER CONNECTION, PERMITS*
Sections:
14.24.010 Definitions.
14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.
14.24.030 Application for Sewer Connection.
14.24.040 Contents of Application.
14.24.050 Sewer Connection Fee.
14.24.060 Sewer Connection Requisite to Occupancy.
14.24.065 Sewer Use Charge.
14.24.070 Owner Indebted for Expense.
14.24.080 Sewer Connections in the Orange County Sanitation DistrictNo. 7.
14.24.090 Permit Required for Connection Outside of City.
14.24.100 Permit Conditions for Connection Outside of City.
14.24.110 Consent Discretionary for Connection Outside of City.
14.24.020 Dwelling Unit and Business Structure Sewer Connection Required.
Every dwelling unit or business structure in the City shall be connected with the public sewer in the manner, at the place, under the supervision of and to the satisfaction of the Utilities Director, if the dwelling unit or business structure is within two hundred (200) feet of the public sewer.
Each dwelling unit or business structure shall be individually connected to the City sewer system unless otherwise approved by the M Rinipal Opero±inricUtilitieS Director. All sewer laterals shall be inspected by the M Rinipal Operati„ncUtilitieS Department either at the time of demolition or before final approval of the building permit or granting of occupancy for all projects involving demolition, construction, reconstruction and/or substantial remodeling of any dwelling unit or business structure. Each sewer lateral connection shall be replaced and/or constructed in accordance with the City's standards for such construction and shall have a clean -out assembly installed at the property line whenever one or more of the following apply:
A. If an area greater than fifty (50) percent of the existing building area is added;
B. If the area of structural interior remodeling exceeds fifty (50) percent of the existing building area;
C. If any alterations to the building sewer are done;
D. If additional plumbing fixtures require a change in the size of a building sewer line; E. Wherever sixes or more fixture units (per the Uniform Plumbing Code (UPC)) are added to an existing plumbing system; or
F. Whenever it is found that the building sewer was/is installed in an illegal or unsanitary manner.
14.24.050 Sewer Connection Fee.
The applicant shall pay a connection fee, as set bV
resolution adopted bV the City4G�rCouncil, for each connection to the public sewer.
14.24.080 Sewer Connections in the Orange County Sanitation DistrictNo. 7.
No building permit shall be issued by the Community Development Department for any construction requiring a sewer connection which is located within the boundaries of the Orange County Sanitation District until the applicant has presented written evidence of payment of any connection charges required by said district.
24-865
Chapter 14.30
FATS, OILS AND GREASE (FOG) CONTROL*
Sections:
14.30.010 Intent and Purpose.
14.30.015 Definitions.
14.30.020 Permit Required.
14.30.025 Requirements.
14.30.027 Prohibitions.
14.30.030 Grease Control Devices.
14.30.035 Exceptions.
14.30.040 Fees.
14.30.045 Sampling and Monitoring.
14.30.050 Sanitary System Overflows (SSOs) and Recovery of Costs and Fines.
14.30.053 Compliance Schedule Agreement.
14.30.055 Termination or Suspension of Service.
14.30.057 Notice of Non-compliance
14.30.060 Violations and Penalties.
14.30.015 Definitions.
Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).
Other terms not herein defined are defined as being the same as set forth in the latest adopted applicable editions of the California Codes applicable to building construction adopted pursuant to the California Building Standards Law.
Subject to the foregoing provisions, the following definitions shall apply in this Chapter:
"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, the completion of maintenance procedures and other management practices that prevent or reduce the introduction of FOG to the sewer facilities.
I OMMURit y D8V8IE)PMent DepaPtR;GRt E)r his er hor deGir'Ree "Change in operations" means any modification in the operational procedures of a food service establishment (FSE) which has the potential to significantly increase the amount of grease generated by food preparation including, without limitation, any substantial increase in the net public area, any substantial increase in the hours of operation, any significant change in the menu or types of food prepared or served, any significant increase in the size of the kitchen or the number of food service or food preparation employees, or any significant change in the size or type of food preparation equipment. "City" means the municipal government of the city of Newport Beach, California. "city" means the residential, park and open space, commercial, and industrial areas within the geographic boundaries of the City of Newport Beach, California. "Fats, oils, and grease (FOG)" means substances such as vegetable or animal products that are used in, or are byproducts of, the cooking or food preparation process, and that turn or may turn viscous or solidify with a change in temperature or other conditions. "Food grinder" means any device installed in the plumbing or wastewater system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing it in the sewer system.
"Food service establishment (FSE)" means a food facilityies as defined in in Galffifem[a URifn�Retail Fong CerVino Establishments Law (C IRFF Cal. Health and Safety Code Section 1137895, and any commercial entity within city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defiRed in GURFFL SeGtinr, 113785. A limited food preparation establishment is not considered a food service establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
"Grease control device" or "device" means any gravity grease interceptor, gre-gip hydromechanical grease interceptor or other mechanism, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. 24-867
"Gravity gGrease interceptor" means a multi -compartment grease control device that is constructed in different sizes and is required by the City to be located, according to the Uniform Plumbing Code, underground between a FSE and the connection to the sewer system.
"Hydromechanical grease interceptors (HGls)" (formerly named grease traps) means a device used to treat kitchen wastewater from food service establishments (FSEs) using gravity separation aided by vented flow control. They are typically installed indoors and connected to one to four (1-4) sinks in the kitchen.
"Limited Food Preparation Establishments ("LFPE") means an FSE that engages only in beverage services and limited reheating of ready -to -eat food products and, as a result, generates no wastewater discharge containing FOG (e.g., specialty coffee houses).
LFPE's shall be determined by the City and are exempt from annual FOG BMP inspections.
"Inspector" means a person authorized by the City to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. "Monitoring facilities" means systems or facilities that sample constituents or that measure or monitor flow.
DeparF %Rt er his er her ldeSigRee
"Regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the City's facilities, including, but not limited to:
1. United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (US EPA).
2. California State Water Resources Control Board (SWRCB).
3. California Regional Water Quality Control Board, Santa Ana Region (RWQCB).
4. South Coast Air Quality Management DistrictGity (SCAQMD).
5. California Department of Public Healthne-alth QerViGes (DPH#S).
6. Orange County Health Care Agency (OC HCA).
"Remodeling" means a physical change in an FSE causing an increased amount of FOG to the sewer system, as determined by the Building DiFeGtG Community Development Director; or exceeding a cost of fifty thousand dollars ($50,000.00) to a FSE that requires a building permit, and involves any one or combination of the following: (1) under slab plumbing in the food processing area, (2) a thirty LaQLpercent increase in the net public seating area, (3) a thirty 330) percent increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment.
"Sewer system" means any and all facilities used for collecting, conveying, pumping, and disposing of wastewater.
"Utilities Superintendentnn " means the Utilities SuperintendentGeRepal Manage of the City's M Rinipal I peratiO ,C Utilities Department er his or her &Gi` nee "Waste" means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
"Waste manifest" means that receipt which is retained by the generator of wastes for disposing recyclable waste or liquid waste.
"Wastewater" means the liquid and water -carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.
Words used in this Chapter in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary.
14.30.025 Requirements.
A. Each permit shall:
1. Authorize the FSE to dispose FOG into the wastewater system in accordance with the provisions of this chapter.
2. Authorize the Utilities Director to access and inspect an FSE to ensure compliance with this chapter during all times the FSE is open, operating, or any other reasonable time.
3. Require the FSE to immediately notify the City by telephone at the number specified by the MuniGipal Opero+ie-nsUtilities Director in the event the FSE is unable to comply with any requirements of this chapter due to a breakdown of equipment, accidents, or human error, or when the FSE has reasonable opportunity to know that a discharge will exceed the provisions of this chapter. This notification shall not relieve the FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees, fines or other liability which may be imposed by this chapter or other applicable law.
4. Require the FSE's adherence to best management practices to minimize the discharge of FOG to the sewer system. These BMPs shall be developed by the Utilities MaRageFSuperintendent, updated annually, and distributed to each permit holder. 24-869
5. Require the FSE to maintain any grease control device in an efficient operating condition by removing the full content of the device which includes wastewater, accumulated FOG, floating materials, sludge and solids in a manner consistent with the maintenance frequency and maintenance practices approved by the Municipal Operatinnc Utilities Director.
6. Require all food service establishments to clean the sewer lateral from the grease control device to the sewer main, at least annually, or at a frequency that ensures proper flow within the sewer lateral and to maintain a record of the cleaning on file for review at the FSE.
76. The FSE shall keep all waste manifests, receipts and invoices of all cleaning, maintenance, grease removal of or from the grease control device, disposal carrier and disposal site location for no less than twos years. The FSE shall, upon request, make the waste manifests, receipts and invoices available to any City representative, or inspector.
applied fer aR d ronoiyed a permit-.
CB. New FSEs or FSEs that are newly required to have a permit shall have received a grease disposal permit prior to the Building Official's issuance of a certificate of occupancy. An FSE may not open for business nor serve customers without receiving and maintaining a valid grease control permit.
14.30.027 Prohibitions.
The following prohibitions shall apply to all FSEs:
A. No FSE shall discharge or cause to be discharged into the sewer system FOG that, as determined by the Utilities Director, may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system.
B. No FSE shall have or install installation of a food grinders in the sewer system for a buiIdingsystern of all new FSEs In orexiStiRg buildiRgS, and OR all existing FSEs, i RdergoiRg rernedeliRg or a Ghan.ge in eperatiORS
C. No FSE shall have a gravity grease interceptor that is less than seven hundred fifty (750) gallons or more than two thousand (2,000) gallons, unless authorized by the City.
DG. Introduction of any additives into an FSE's wastewater system for the purpose of emulsifying FOG, for grease remediation or as a supplement to interceptor maintenance unless a variance is obtained in accordance with Section 14.30.035.
ED. Discharge of wastewater from dishwashers to any grease control device.
F€. Discharge of wastewater with temperatures in excess of 140°F to any grease control device.
24-870
G. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease control device service, or vice -versa.
HG. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system.
IH. Tampering with or knowingly rendering inoperable any grease control device, monitoring device or method or access point.
Ja. Interfering with, delaying, resisting or refusing entrance to City representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewer system.
KJ. Making any false statement or representation on any record, report, plan or other document that is filed with the City in accordance with this cGhapter.
14.30.030 Grease Control Devices.
A. Any new FSE, any FSE undergoing remodeling, any FSE undergoing a change in operations or, as directed by the MWRiGiPaI QP8FatiGRGUtilities Director, any FSE that violates the provisions of this chapter, shall obtain a permit from the Building Official to install a grease control device.
B. All grease control devices shall be installed per manufacturers specifications unless otherwise approved by the City. The Community Development Department will specify, size, style, location, orientation, and any other special conditions for the installation of the grease control device.
C9. Upon approval of the Building Official, grease control devices for FSEs may be "gang" devices which accept FOG from more than one FSE. Each FSE that contributes FOG to a gang device shall be responsible for the installation and maintenance of the grease control device. A written service agreement from the property management company detailing which party is responsible for maintenance may be required by the City.
DC. The Building Official shall not issue a certificate of occupancy for an FSE which is required to have a grease control device until the device has been installed, inspected and approved by the Utilities r,,,,,,Y,URit„ Development Department.
ED. Any decision of the Building Official pursuant to this chapter may be appealed by any interested party to the Building and Fire Board of Appeals, pursuant to Chapter 15.80 of this2 Nowpert BeaGh M R'Gfl aI Code.
14.30.035 Exceptions.
A The following exceptions from Section 14.30.030 are permitted- 1 . Variance. If the UtilitiesMuniGipal OperatiORs Director finds that a treatment or pretreatment product, combined with best management practices, will limit or eliminate 24-871
FOG discharges from a particular FSE, the Utilities Manager may exempt that FSE via a variance.
2. Waiver. The Building Official, in consultation with the M inininol Operotinr-s-Utilities Director, shall exempt an FSE from the requirements of Section 14.30.030 via a waiver; provided, that the FSE complies with all other provisions of this chapter; and provided, that any of the following conditions exist:
a. There is inadequate space on the property on which the FSE is located to install a grease control device;
b. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease control device and/or between the grease control device and the private collection lines or the public sewer; or
G. The ECG has hopp_j_q gor-tier prier te lard ary 'I �5or �� ha "Y e e
nhonge in operations or o remodel!nr
e
cd. The FSE conducts operations that do not produce FOG in a quantity that adversely affects the wastewater system. In this case, the waiver shall include conditions placed by the Municipal OperationsUtilities Director on the FSE's operations that provide for continued limits on FOG production.
14.30.045 Sampling and Monitoring.
A. TinoirrorverZo meet the objectives and requirements of this cGhapter, the Utilities Director may require a FSE to construct, maintain, and provide access to monitoring facilities at the FSE's expense.
B. The location of the monitoring facilities shall be subject to approval by the Utilities Director.
C. FSEs may be required by the Utilities Director to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the grease control device and compliance with this cGhapter.
D. In the event that inspection of the point of sewer lateral connection to the sewer system indicates that FOG discharge by an FSE is causing or contributing to build up of FOG inside the sewer lateral where it has discharged, or has the potential to discharge to the sewer system, or in the event that an FSE fails to comply with the prohibitions of this chapter, the Utilities Director, shall have the authority to modify the permit to require the installation of a City approved grease control device. Any person who is dissatisfied with a decision of the Utilities Director to modify a permit may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after service of the decision in the manner provided in Section 1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 24-872
14.30.053 Comoliance Schedule Aareement.
In the event that non-compliance with the provisions of a discharge permit or this chapter has occurred or is continuing, the Utilities Director may request that the FSE or other party enter into a Compliance Schedule Agreement. The Compliance Schedule Agreement may state terms and conditions to allow the FSE or other party to come into compliance with a discharge permit or other previsions in this chapter. The Utilities Director shall not enter into a Compliance Schedule Agreement until all amounts due and owing to the City under applicable ordinances and policies have been paid, or until the City has approved a payment plan.
14.30.055 Termination or Suspension of Service.
A. Termination. The Utilities Director may physically terminate watersewer service to any property upon order of any official from the Regulatory Agencies for illicit or illegal discharges due to public health.
B. Suspension. The Utilities Director may suspend watersewer service when the Utilities SuperintendentMaRage determines that the suspension is necessary to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health, safety and welfare of persons, or to the environment. Any discharger notified of and subject to a suspension order, shall immediately cease and desist the discharge of all wastewater Gentaining FOG to the sewer system.
14.30.057 Notice of Non-compliance
In the event an FSE is found to be non -compliant with the provisions of a discharge permit or this chapter, the Utilities Director may issue a written Notice of Non-compliance, whereby the FSE or receiving party shall comply with all directives, conditions, and requirements contained therein within the time prescribed. A Notice of Non-compliance may direct the receiving party to cease and desist from activities or actions that are Prohibited by this chapter and it shall be a violation of this section for any person to fail to comply with the Notice of Non -Compliance. Each Notice of Non-compliance shall state a reasonable time period for the FSE or receiving party to come into compliance with the Notice of Non-compliance.
14.30.060 Violations and Penalties.
,
eaGh day whiGh a violation oGGurs may Gonstitute a new and separate violation of this Chapter and he s bjent to the penalties nentaine`t heroin B—.A. In -addition to the fines and penalties provided for in Chapters 1.04 and 1.05, -awn y pP-ersons violating the provisions of this cShapter may be subject to the fellewinrr penalties:
24-873
4Ppursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., which provides that any violator may be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00) per violation for each day in which such violation occurs.
BS. The amount of any civil penalty assessed shall be based on relevant circumstances, including but not limited to, the following:
Cs. The decision of the Utilities Director to levy penalties may be appealed to the City Manager within ten (10) days of the service of the decision as provided in Section
1.08.080. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing in the manner provided for in Section 1.08.080. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 er his or her de igR8 24-874
Chapter 14.33
WATER CAPITAL IMPROVEMENT CHARGES
14.33.020 Definitions
"Utilities ages" or "Manager" shall meanthe Uti
14.33.040 Water Capital Improvement Charges.
A water capital improvement charge ,n the two thousand nine hundred -fifty dolars ($2 950 00) per gross acre is --shall be setestabloshed by resolution of the City Council `"'hand shall be applicable to all benefitted lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030 of this chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefitted, including abutting streets, rights of way and easements, both public and private.
14.33.110 Administration and Appeals.
The Utilities nn'Director shall be charged with the duty of administering the procedures set forth in this chapter and any rules and regulations adopted pursuant to its said authority. Any person who is dissatisfied with a decision of the Utilities MaRage Director may appeal such decision to the City Manager by filing a written statement of appeal with the City Clerk within fifteen (15) days after the service of the notice of decision in the manner provided in Section 1.08.080has reGeiyed ROtino of the deGisinn. The City Manager shall fix a date for hearing the appeal and shall give notice thereof to the party appealing. The decisions of the City Manager on such appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5and GenncvrrGIUSIVc.
24-875
Chapter 14.34
WATER WELL STANDARDS
Sections:
14.34.010
Intent and Purpose.
14.34.020
Definitions.
14.34.030
Well Standards Advisory Board.
14.34.040
Acts Prohibited —Permit Required.
14.34.050
Permits.
14.34.060
Completion of Work.
14.34.070
Notice —Cancellation or Denial of Permit.
14.34.080
Notice —Public Nuisance.
14.34.090
Immediate Abatement.
14.34.100
Board Hearing.
14.34.110
Abatement Costs a Special Assessment.
14.34.120
14 3
Standards.
Penalty.
.^ r30
14.34.020 Definitions
As used in this chapter, the following words shall have the meaning provided in this section:
Abandoned and Abandonment. The terms "abandoned" and "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Well Standards Advisory Board, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Board. All such declarations shall be renewed annually and at such time be resubmitted to the Board for approval. Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the Health Officer.
Agricultural Well. A water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.
Cathodic Protection Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of installing equipment or facilities for the protection, 24-876
electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or deep anode.
Community Water Supply Well.- means a water well used to supply water for domestic purposes. used to supply water for dGM86tiG PLIPPE)SeS OR systems subjeGt t-G Chapter 7 of Papt 1 of DIVIsion 5 of the California He-alth and Safety Cede.
Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.
Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard.
Electrical Grounding Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of establishing an electrical ground.
Health Offiner.
Individual Domestic Well. A water well used to supply water for domestic needs of an individual residence or commercial establishment.
Industrial Well. A water well used to supply an industry on an individual basis.
Observation Well. Awell used for monitoring or sampling the conditions of a water -bearing aquifer, such as water pressure, depth, movement or quality.
Permit. A written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well.
person• \/ Onperson firm norporation or governmental ageRGY o 0
Public Nuisance. The term "public nuisance," when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public.
Salt Water (Hydraulic) Barrier Well. Awell used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.
Test or Exploratory Hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.
Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, 24-877
observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the Well Standards Advisory Board. Wells shall not include: (1) oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (2) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (3) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the Well Standards Advisory Board.
14.34.110 Abatement Costs a Special Assessment.
Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Cal. Gov.eFRR;eRn Code Section 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary County taxes. The County shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.
14.34.120 Standards.
Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, GhapteF 11 and AppendiGes E, F and G,
0T p Standards," Sheets 497_Q_1 and 497_Q_7 revised DeGernh TGTr�t �i ��rccrsccr-vccc-rrrve-r
1 n� 969 r.f the Se thorn GalifErnia GathediG PFE)teGtien G,,,, mi++ee Well Standards may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and ground water conditions.
1 A 3A '130 Penalty.
ARY peFsen whe vielates the teFms ef this Ghapter or aRY permit issued hereunder shaI1 this Cede.
Chapter 14.36
WATER QUALITY
14.36.010 Purpose and Intent.
The United States Congress passed the Clean WaterAct (33 U.S.C. Section 1251 et seq.; as omenr-lerd including Section 402(p) therein, being 33 U.S.C. Section 1342(p)) as a mandate, in part, that municipalities separate storm water runoff and sanitary sewer systems, in areas such as in Orange County, obtain permits to "effectively prohibit non - storm water discharges into the storm sewers" and "require controls to reduce the discharge of pollutants to the maximum extent practicable ...." This permitting authority has been delegated by the United States Environmental Protection Agency ("EPA") to the State of California, which has authorized the State Water Resources Control Board and its local regulatory agencies, the Regional Water Quality Control Boards, to control non - point source discharges to California's waterways.
The Santa Ana and San Diego Regional Water Quality Control Boards have addressed the obligation to implement the Clean Water Act by issuing Waste Discharge Requirements governing storm water runoff for the County of Orange. These permits shall be referred to collectively herein as the National Pollution Discharge Elimination System Permit or "NPDES Permits."..
The City of port R, Beach is participating as a "Co-permittee" under the NPDES Permits in the development and adoption of an ordinance to accomplish the requirements of the Clean Water Act.
14.36.020 Definitions
Authorized Inspector" means the City Manager and persons designated by and under his/her instruction and supervision, who are assigned to investigate compliance with, detect violations of and/or take actions pursuant to this chapter. "Gity" moons the city of Newport Beach, Orange CO Rtyr California-. "Gity Manage eaRS the City Manager of trhne.. Gity or his/her�nee. a ee
means any natural person as well as any 0 partnership,
subdivision, governmeRt
entity or jOiRt
business
trust, estate, 0 venture, entity,
er other similar employee er FepFesentative of any of the 0 er the agent, above.
"Co-permittee" means the County of Orange, the Orange County Flood Control District, and/or any one of the thirty-one (31) municipalities, including the City of Newport Beach which are responsible for compliance with the terms of the NPDES Permit. "DAMP" means the Orange County Drainage Area Management Plan, as the same may be amended from time to time.
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"Development project guidance" means DAMP Chapter VII and the Appendix thereto, entitled Best Management Practices for New Development Including Non -Residential Construction Projects, as the same may be amended from time to time. "Discharge" means any release, spill, leak, pump, flow, escape, leaching (including subsurface migration or deposition to groundwater), dumping or disposal of any liquid, semi -solid or solid substance.
"Discharge exception" means the group of activities not restricted or prohibited by this Chapter, including only:
1. Discharges composed entirely of storm water;
2. Discharges subject to regulation undercurrent EPA or Regional Water Quality Control Board issued NPDES permits, State General Permits, or other waivers, permits or approvals granted by an appropriate government agency;
3. Discharges from property for which best management practices set forth in the development project guidance are being implemented and followed;
4. Discharges to the Storm Water Drainage System from potable water line flushing, fire fighting activities, landscape irrigation systems, diverted stream flows, rising groundwater, and de minimis groundwater infiltration to the Storm Water Drainage System (from leaks in joints or connections or cracks in water drainage pipes or conveyance systems);
5. Discharges from potable water sources, passive foundation drains, air conditioning condensation and other building roof runoff; agricultural irrigation water runoff; water from crawl space pumps, passive footing drains, lawn watering, noncommercial vehicle and boat washing; noncommercial animal washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges;
6. Discharges of reclaimed water generated by a lawfully permitted water treatment facility; public street wash waters when related to cleaning and maintenance by, or on behalf of, the City;
7. Discharges authorized pursuant to a permit issued under Section 14.36.070;
8. Discharges allowable under the domestic sewage exception;
9. Discharges for which the discharger has reduced to the extent feasible the amount of pollutants in such discharge;
10. Discharges authorized pursuant to federal or state laws or regulations. In any action taken to enforce this chapter, the burden shall be on the person who is the subject of such action to establish that a discharge was within the scope of this discharge exception.
"Domestic sewage exception" means discharges which are exceptions to this chapter and excluded from the definition of prohibited discharge, as defined herein, including only:
1. Discharges composed entirely of accidental spills of untreated sanitary wastes (commonly called domestic sewage) and other wastes, but limited solely to wastes that are controlled by and are within publicly owned wastewater treatment system collection facilities immediately prior to the accidental spill. "Enforcing Attorney" means the City Attorney or District Attorney acting as counsel to the City of Newport ReaGh and his/her designee which counsel is authorized to take enforcement action. For purposes of criminal prosecution, the District Attorney, or designee, shall act as the Enforcing Attorney.
"EPA" means the Environmental Protection Agency of the United States. "Hearing Officer" means the City Manager who shall preside at the administrative hearings authorized by this chapter and issue final decisions on the matters raised therein.
"Invoice for costs" means the actual costs and expenses of the City including but not limited to administrative overhead, salaries and other expenses recoverable under State law, incurred during any Inspection conducted pursuant to Section 14.36.050 or where a notice of noncompliance, administrative compliance order or other enforcement option under Section 14.36.060, or this Code is utilized to obtain compliance with this chapter. "Illicit connection" means any man-made conveyance or drainage system, pipeline, conduit, inlet or outlet through which the discharge of any pollutant to the Storm Water Drainage System occurs or may occur. The term illicit connection shall not include legal nonconforming connections or connections to the Storm Water Drainage System that are hereinafter authorized by the agency with jurisdiction over the system at the location at which the connection is made.
"Legal nonconforming connection" means connections to the Storm Water Drainage System existing as of the adoption of this chapter that were in compliance with all federal, State and local rules, regulations, statutes and administrative requirements in effect at the time the connection was established, including but not limited to any discharge permitted pursuant to the terms and conditions of an individual discharge permit issued pursuant to the Industrial Waste Ordinance, County Ordinance No. 703. "New development" means all public and private residential (whether single-family, multi- unit or planned unit development), industrial, commercial, retail and other non-residential construction projects, or grading for future construction, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
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"Nonresidential plumbing" permit means a plumbing permit authorizing the construction and/or installation of facilities for the conveyance of liquids other than storm water, potable water, reclaimed water or domestic sewage.
"NPDES Permit" means the currently applicable municipal discharge permit(s) issued by the Regional Water Quality Control Board, Santa Ana Region which permit(s) establishes waste discharge requirements applicable to storm water runoff in the city. "Pollutant" means any liquid, solid or semi -solid substances, or combination thereof, including and not limited to:
1. Artificial materials (such as floatable plastics, wood products or metal shavings);
2. Household waste (such as trash, paper and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);
3. Metals and nonmetals, including compounds of metals and nonmetals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;
4. Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
5. Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including stables, show facilities or polo fields);
6. Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;
7. Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);
8. Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
9. Materials which contain base/neutral or acid extractable organic compounds;
10. Those pollutants defined in Section 1362(6) of the Federal Clean Water Act; and
11. Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the State.
"Prohibited discharge" means any discharge which contains any pollutant, from public or private property to (1) the Storm Water Drainage System; (2) any upstream flow, which is tributary to the Storm Water Drainage System; (3) any groundwater, river, stream, creek, wash or dry weather arroyo, wetlands area, marsh, coastal slough, or (4) any coastal harbor, bay, or the Pacific Ocean. The term prohibited discharge shall not include discharges allowable under the discharge exception.
"Significant redevelopment" means the rehabilitation or reconstruction of public or private residential (whether single-family, multi -unit or planned unit development), industrial, commercial, retail, or other nonresidential structures, for which either a discretionary land use approval, grading permit, building permit or nonresidential plumbing permit is required.
"State General Permit" means either the State General Industrial Storm Water Permit or the State General Construction Permit and the terms and requirements of either or both.
In the event the U.S. Environmental Protection Agency revokes the in -lieu permitting authority of the State Water Resources Control Board, then the term State General Permit shall also refer to any EPA administered storm water control program for industrial and construction activities.
"Storm Water Drainage System" means street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet or other facility, which is a part of or tributary to the County -wide storm water runoff system and owned, operated, maintained or controlled by County of Orange, the Orange County Flood Control District or any Co-permittee City, and used for the purpose of collecting, storing, transporting or disposing of storm water.
14.36.060 Enforcement
A 1. Notice of Noncompliance. In addition to any other remedy or means of enforcement authorized by law or this Cc -ode, the Authorized Inspector may deliver to the owner or occupant of any property, or to any person responsible for an illicit connection or prohibited discharge a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with this section.
10. Final Decision and Appeal. The final decision of the Hearing Officer shall issue within ten business days of the conclusion of the hearing and shall be delivered by first- class mail, postage prepaid, to the appealing party. The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of Code of Civil PrOGe Cal. Civ. Proc. Code Sections 1094.5 and 1094.6 and shall be 24-883
commenced within ninety (90) days following issuance of the final decision. If the appellant is the prevailing party, the administrative hearing fee paid by Appellant shall be refunded. Notwithstanding the foregoing, the final decision of the Hearing Officer in any proceeding determining the validity of a cease and desist order or following an emergency abatement action shall be mailed within five business days following the conclusion of the hearing.
B 3 a. At the direction of the City Manager or the Authorized Inspector, the Enforcing Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for a money judgment or by delivery to the County Assessor of a special assessment against the property in accord with the conditions and requirements of Governmon+ Cal. Gov. Code 38773.5.
E. Citations. Pursuant to Cal. Pen.af Code Section 836.5, the Authorized Inspector shall have the authority to cause the arrest of any person committing a violation of this chapter.
The person shall be released and issued a citation to appear before a magistrate in accordance with Cal. Pen.a4 Code Sections 853.5, 853.6 and 853.9, unless the person demands to be taken before a magistrate. Following issuance of any citation, the Authorized Inspector shall refer the matter to the Enforcing Attorney.
F. Violations of Other Laws. Any person acting in violation of this chapter also may be acting in violation of the Federal Clean Water Act, 33 U.S.C. §$ 1251 et seq., or the State Porter -Cologne Act, CaUemia. Wat. Code Section 7, and other laws and also may be subject to sanctions including civil liability. Accordingly, the Enforcing Attorney is authorized to file a citizen suit pursuant to Federal Clean WaterAct Section 505(a), U.S.C. 1365(a), seeking penalties, damages and orders compelling compliance, and other appropriate relief. The Enforcing Attorney may notify EPA Region IX, the Santa Ana or San Diego Regional Water Quality Control Boards, or any other appropriate state or local agency, of any alleged violation of this chapter.
14.36.070 Permits.
A 1. Permit. On application of the owner of property or the operator of any facility, which property or facility is not otherwise subject to the requirements of a State General Permit or a National Pollution Discharge Elimination System Permit regulating storm water discharges, the City Manager er designee may issue a permit authorizing the release of non -storm water discharges to the Storm Water Drainage System if:
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Chapter 15.02
ADMINISTRATIVE CODE
15.02.085 Addition of Section 105.3.1.1 —
Section 105.3.1.1 is added as follows:
Section 105.3.1.1 Demolition permits. Prior to issuance of a demolition permit for complete demolition of a structure, the permittee shall certify that a City franchised solid waste enterprise shall be used for the handling, removal and disposal of all construction and demolition waste. A demolition permit deposit, set by Resolution of the City Council, shall be paid at the time of submitting the demolition permit application and the Demolition Contractor Certification and Deposit Form. Said deposit shall be returned to the permittee, minus administrative fees set by Resolution of the City Council, at the conclusion of the demolition project, upon the submittal of documentation that a franchised solid waste enterprise was used to handle, remove and dispose of all demolition wastes. The demolition permit deposit shall be forfeited in its entirety if a franchised solid waste enterprise is not used to handle, remove and dispose of all demolition wastes.
If the Building Official finds that the work described in an application for a demolition permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 109 have been paid and that a franchised solid waste enterprise is being used, the building official shall issue a permit therefore to the applicant. Prior to any demolition activities authorized by the permit, the permittee shall notify the nn,,niGipal Operations Division of Public Works Department no less than twenty-four 24 hours or more than seventy-two 72 hours in advance of its intent to commence demolition and provide the name of the franchised solid waste enterprise that will conduct the demolition activities. Any hauling or disposal of demolition and construction wastes by other than the identified franchised solid waste enterprise shall subject the project to suspension of work as authorized in this code.
15.02.095 Addition of Sections 105.3.3, 105.3.4, and 105.3.5.
Section 105.3.3 is added to read as follows:
Section 105.3.3 Time limit on permitted construction.
For any one -unit or two -unit dwelling for which a tentative and final tract map is not required, the maximum allowable time to complete construction for any work that requires a building permit including, but not limited to, any construction, reconstruction, rehabilitation, renovation, addition(s), modification(s), improvement(s), or alteration(s), shall be limited to three (3) years, unless an extension is granted in accordance with Section 105.3.4.
For building permits issued on or after June 1, 2019, the time limit to complete construction shall begin on the date of issuance of the first or original building permit. For 24-885
building permits issued prior to June 1, 2019, the time limit to complete construction shall be three (3) years from June 1, 2019.
Final inspection and approval of the construction work by the City shall mark the date of construction completion for purposes of Section 15.02.095. Time limits set forth herein shall not be extended by issuance of a subsequent building permit(s) for the same project.
Section 105.3.4 is added to read as follows:
Section 105.3.4 Extension of time limit to complete construction.
The maximum allowable time to complete construction, as set forth in Section 105.3.3, may be extended as follows:
1. Application for Extension to Building Official.
a) A property owner, or authorized agent of the property owner, may request an extension by filing with the Building Official, in writing and on a form provided by the Building Official, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than three hundred and sixty-five (365) GaleRdardays; (v) how many previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City. b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) Gal�ar days prior to the expiration of the building permit. The application for extension to the Building Official shall be accompanied the fee set forth in the City's master fee schedule.
c) Within forty-five (45) days of a request for extension, the Building Official may ministerially grant, conditionally grant or deny a request for extension for a period not to exceed three hundred sixty-five (365) Galendar days. The Building Official shall only grant an extension if he/she determines adequate progress has been made towards completion of construction and the request for extension is necessary for its completion. The decision of the Building Official shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5.
2. Application for Additional Extension(s).
a) If construction of the project has not been completed within the timeframe authorized by the Building Official, a property owner, or authorized agent of the property owner, may request an additional extension by filing with the City Clerk, in writing and on a form provided by the City Clerk, an application for extension which sets forth: (i) the address of the project site; (ii) the name of the applicant and property owner; (iii) when the first or original building permit was issued; (iv) the length of time extension requested, which shall not be greater than one hundred and eighty (180) GaleRdar days; (v) how many 24-886
previous extensions have been granted; (vi) the basis for the requested extension; (vii) the new end project date if the application is approved; (viii) a brief description of the improvements that are the subject of the application; and (ix) any other information requested by the City.
b) Unless authorized by the Building Official in writing, an application for extension shall be submitted no later than forty-five (45) GaIeRdar days prior to the expiration of the building permit.
c) An application for extension filed with the City Clerk shall be accompanied by a hearing and noticing fee identified in the City's master fee schedule.
3. Scheduling and Noticing.
a) For an application for an additional extension set forth in subsection (2), a Hearing Officer, designated by the City Manager, shall hear and decide whether a second application for extension, or third application for extension, shall be granted, conditionally granted, or denied. The City Council shall hear and decide whether any additional application for extension shall be granted, conditionally granted, or denied. The applicable hearing body shall be referred to herein as the "review authority." b) For any application for extension to be heard by a Hearing Officer, the City Manager shall appoint a Hearing Officer with the requisite qualifications and experience to consider the application for extension. The Hearing Officer shall not be a City employee and the employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be conditioned, either directly or indirectly, upon the outcome of any decision by the Hearing Officer.
Within seven (7) GaIeRdar days of the City Clerk's receipt of an application for extension, the City Manager or his/her designee shall notify the applicant of the name of the Hearing Officer in the manner provided in acEerdanGe- with Section 1.08.080. If the applicant wishes to challenge the designated Hearing Officer, the applicant shall have seven (7) Ga'�ar.days from the date of service of the notice to submit to the City Manager a request, in writing, to disqualify the Hearing Officer, which sets forth the basis for disqualification. A Hearing Officer may only be disqualified for: (i) bias; (ii) prejudice; (iii) a conflict of interest; or (iv) a reason for which a judge may be disqualified after a showing of good cause under the laws of the State of California.
The City Manager will review any request for disqualification and make a decision as to whether a Hearing Officer shall be disqualified. The City Manager's decision shall be final.
If the City Manager disqualifies a Hearing Officer, the City Manager shall designate a new Hearing Officer in accordance with the procedures in this subsection. c) The applicant shall be notified of the time and place set for the hearing of the application, in the manner provided in aGGOrdanne with Section 1.08.080, at least ten (10) GaIeRdar days prior to the date of the hearing. All hearings on an application to be heard by the review authority shall be noticed in the following manner:
(i) Mailed to property owners within three hundred (300) feet of the project site that is the subject of the application, at least ten (10) GaleRdar days in advance of the hearing. The notice shall contain: the address of the project site; the length of time extension requested; the new end project date if the application is approved; the name of the applicant and property owner; a brief description of the improvements; the date, time, and place of the hearing; and a statement informing the person they have the ability to attend the hearing and provide comments; and
(ii) Posted by the applicant at the project site, that is the subject of the application, at least ten (10) ca'�Rdar days before the scheduled hearing. The size, location and number of sign(s) shall be posted as determined by the City Manager or his/her desigRee. The applicant shall be responsible for maintaining the sign(s) in a satisfactory condition and shall remove all sign(s) within twenty-four (24) hours following the conclusion of the hearing.
The failure of any person or entity to receive notice given in compliance with this subsection shall not invalidate the actions of the applicable review authority.
4. Conduct of Hearing.
a) A hearing shall be held at the date, time, and place for which notice was given. b) The review authority shall only consider evidence and testimony, presented by the applicant or any other interested person, relevant to whether: (i) special circumstances warrant an extension of time; (ii) the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control; and (iii) any approval should contain conditions to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. Any documents submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.
c) The review authority may grant, or conditionally grant, up to a one hundred and eighty (180) EaTeRdarday extension, per application for extension, if it finds special circumstances warrant an extension of time or the failure to meet the time limit was caused by circumstances beyond the property owner's, applicant's or their contractor's control. If the review authority makes the findings to grant an extension, the review authority shall consider whether conditions are necessary to ensure timely completion of the project in a manner that limits impacts on surrounding property owners. The review authority shall deny the application if it cannot make the findings set forth in this subsection.
d) A hearing may be continued without further notice, provided the Hearing Officer or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. e) The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
f) The review authority shall issue a written decision, setting forth its findings, and the decision shall be final and effective on the date the decision is made, unless otherwise specified by the review authority. The review authority shall provide the City Clerk with its final decision within three (3) Galendar days of the date of decision and the City Clerk shall mail a copy of the final decision to the applicant within ten (10) Galendar days of receipt of the final decision.
5. Judicial Proceeding.
Nothing herein shall prohibit the Building Official from issuing a building permit or extending a building permit if the extension is a term of an enforceable settlement agreement between the City and the property owner or a term of a court order/judgment.
6. Judicial Review.
The decision of the review authority shall not be appealable to any City body. A person shall not seek judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5 related to any application for extension until the person has first exhausted all administrative procedures set forth in Section 15.02.095.
Section 105.3.5 is added to read as follows:
Section 105.3.5 Correlation with Codes.
Sections 105.3.3 or 105.3.4 limit the total time to complete construction and shall not relieve any person or entity from complying with any other applicable provision of federal, state or local law including, but not limited to, construction related laws adopted by the City.
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Chapter 15.05
RESIDENTIAL CODE
15.05.070 Amendment to Section R301.1.3.
R301.1.3.1 California licensed architect or engineer. When any provision of any structure deviates from substantial compliance with conventional framing requirements for wood frame construction found in this code, the Chief Building Official shall require the construction documents to be approved and stamped by a California licensed architect or engineer for that irregular or nonconforming portion of work. Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iRess & Prof.8c�;S Code Sections 5537 and 6737.1.
R301.1.3.2 Wood frame structures greater than two -stories. The Chief Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of a wood frame construction more than two stories in height or having a basement. Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus_.iRess and& Prof_.essieRS Code Sections 5537 and 6737.1.
R301.1.3.3 Structures other than wood frame. The Chief Building Official shall require floor, wall or roof -ceiling structural elements in dwellings designed of cold formed steel, concrete, masonry prescribed by this code to be approved and stamped by a California licensed architect or engineer. Notwithstanding other sections of law, the law establishing these provisions is found in Cal. Bus.iRessa&-Prof.ec�;S Code Section 5537 and 6737.1.
15.05.100 Amendment to Section R301.2.4.
Section R301.2.4 is amended to read as follows:
Section R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as established in Table R301.2, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the City of Newport BeaGh MURiGipal Code _Chapter 15.50, Floodplain Management, LOODPLAIN MANAGEMENT -and Section R322. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE
24. R301.2.4.1 Alternate provisions. As an alternate to the requirements in Section R322 and the City of Newport BeaGh MuniGipal Code Chapter 15.50, Floodplain Management, ASCE 24 is permitted subject to the limitations of this code and the limitations therein.
15.05.110 Amendment to Section R309.3.
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1. Elevated to or above the design flood elevation as determined in accordance with Section R322 and the Gity of Newport Beach nn,,niGipal rondo Chapter 15.50, Floodplain Management.
2. Located below the design flood elevation provided that the floors are at or above grade on not less than one side, are used solely for parking, building access or storage, meet the requirements of Section R322 and the Gity of Nowpert Beach M ROG'pal Conde Chapter 15.50, Floodplain Management, and are otherwise constructed in accordance with this Ccode.
15.05.200 Amendment to Section R322 with the Addition of the City of Newport Beach Municipal Code Chapter 15.50, Floodplain Management.
Section R322 is amended to include the Gity of Newpei4 E3eaGh MURiGipal Cede Chapter
15.50, Floodplain Management.
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Chapter 15.06
ELECTRICAL CODE
15.06.010 Adoption of the California Electrical Code.
The various parts of this code shall constitute and be known as the Newport Beach Electrical Code. A copy of the 2022 California Electrical Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &ate Saf.e�y Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 24-892
Chapter 15.07
MECHANICAL CODE
15.07.010 Adoption of California Mechanical Code.
The various parts of this code shall constitute and be known as the Newport Beach Mechanical Code. A copy of the 2022 California Mechanical Code printed in code book form shall be kept on file in the office of the Building Official pursuant to Cal. Health &ate Saf.e�y Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 24-893
Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of California Plumbing Code.
The various parts of this code shall constitute and be known as the Newport Beach Plumbing Code. A copy of the 2022 California Plumbing Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &ate Saf.e�y Code Section 18942(e)(1) and made available for public inspection. All administrative provisions including enforcement, permit process, fees, and inspections for these chapters are contained in the Administrative Code under Chapter 15.02. 24-894
Chapter 15.09
RESIDENTIAL SWIMMING POOL AND SPA CODE
15.09.010 Adoption of the International Swimming Pool and Spa Code.
The various parts of these codes and standards, along with the additions, amendments, and deletions adopted in this section, shall constitute and be known as the Newport Beach Residential Swimming Pool and Spa Code. A copy of the 2021 International Swimming Pool and Spa Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health aad& Saf.ety Code Section 18942(e)(1) and made available for public inspection.
24-895
Chapter 15.10
EXCAVATION AND GRADING CODE
15.10.030 Exempt Work.
A. No person shall do any grading without first having obtained a grading permit from the Chief Building Official except for the following:
7. An excavation which (a) is less than two feet in depth; or (b) does not create a cut slope greater than fours feet in height and steeper than two horizontal to one M vertical; and (c) is less than fifty (50) cubic yards on one site and does not create an adverse erosion, drainage, groundwater, or slope condition requiring remedial work covered by these regulations;
8. Unless preempted by other regulations, fill which does not exceed fifty (50) cubic yards on any one site which is not part of a regular maintenance procedure and which:
a. Is placed on natural undisturbed terrain with a slope flatter than five LQ horizontal to one vertical; or
b. Less than threes feet in depth not intended to support structures provided that such fill will not create an adverse slope, erosion, drainage, groundwater or structural condition.
C. No person shall construct, reconstruct, alter, repair or install any structure in any natural drainage channel water course without a grading permit. Road or parking lot paving work shall be performed under permit, unless waived by the Gh+e# Building Official, or when performed as part of maintenance work.
D. Whenever the Chief Building Official determines that (1) construction of any device or structure has resulted or may result in adverse drainage, groundwater, or slope conditions; or (2) existing drainage conditions have resulted or may result in adverse erosion conditions, he/she may require a drainage permit to be obtained and corrective work accomplished.
15.10.040 Hazard Abatement.
A. Whenever the Chief Building Official determines by inspection, from information made available to him/her, that any existing drainage condition, excavation, fill, natural slope or subsurface condition has become a hazard to life and limb, or endangers property or adversely affects the safety, use or stability of a public way or any drainage channel, he/she shall make a determination of the level of hazard and the owner of the property upon which the drainage conditions, excavation, fill, natural slope or subsurface condition is located, or other person or agent in control of said property, upon receipt of notice in writing from the Chief Building Official shall, within the period specified, correct such conditions in accordance with the requirements and conditions set forth in such notice so 24-896
as to eliminate the hazard and be in conformance of the hazards abatement section of the International Property Maintenance Code, as adopted by the City of Newport Beach.
B. The Chief Building Official shall require the permittee or contractor, before excavating any trench five Meet or more in depth, to submit a detailed plan to the Chief Building Official showing the design of shoring, bracing, sloping or other provisions (i.e., security fencing, etc.) to be made for workers' protection and public safety from the hazard of caving ground.
15.10.050 Definitions.
eRfE)FGeMe_ it of the building Gedec
"Drainage plan" is a plan appended to a proposed building plan, depicting site drainage patterns prior and post development. Contours and/or spot elevations, flow lines, outlet structures, subdrains, etc. must clearly be shown, when a separate grading permit is not required by the Chief Building Official.
15.10.060 Grading Permit Requirements.
H5. A stop sign conforming to the requirements of Section 21400 of the Cal.iferR+a Veh.+c-e Code shall be posted at the entrance of the access road to the public roadway; 24-897
Chapter 15.11
GREEN BUILDING STANDARDS CODE
15.11.010 Adoption of the California Green Building Standards Code.
The various parts of this Code, along with the amendments and deletions adopted in this section, shall constitute and be known as the Newport Beach Green Standards Code. A copy of the 2022 California Green Standards Code shall be kept on file in the office of the Building Official pursuant to Cal. Health aPA Saf_.ety Code Section 18942(e)(1) and made available for public inspection.
Chapter 15.13
HISTORICAL BUILDING CODE
15.13.010 Adoption of the California Historical Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Historical Building Code, 24 CCR California Code ovfrRegulations Title —24 , Part 8 and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach Historical Building Code. A copy of the 2022 California Historical Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &an-d-_Saf.ety Code Section 18942(e)(1) and made available for public inspection.
24-899
Chapter 15.14
EXISTING BUILDING CODE
15.14.010 Adoption of the California Existing Building Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Existing Building Code, 14 California Code 0 RegulationsCal Code Ron Title-24CCR Part 10, Appendix A, Chapters A-1, A-2 and A-3, and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach Existing Building Code. A copy of the 2022 California Existing Building Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health and& Saf_.ety Code Section 18942(e)(1) and made available for public inspection.
24-900
Chapter 15.15
REPORT OF RESIDENTIAL BUILDING RECORDS
Sections:
15.15.010 Authorization and Findings.
15.15.020 Definitions.
15.15.030 Obtaining a Report of Residential Building Records Qoa.
15.15.040 Application.
15.15.05045 Inspection.
15.15.06-0 Delivery of Report.
15.15.0706-5 Refunds/Cancellation Fees.
15.�15066 Expiration oReport-.
1 1 070 Peltier
15.15.0 5 Severabflitj�
15.15.010 Authorization and Findings.
The City Council is authorized to require a report of residential building records pursuant to the provisions of the Constitution of the State of California, the Newport Roach City Charter, and SeGt+en 3870,etse of the Government Code Section 38780, et segof the Stateof Calofer . While requiring these reports can help reduce and prevent violations of the Code, The City Ge unnil finds th 3timposing this requirement can disrupt the sale of residential property.- Based thereon, the City Council finds that making a voluntary groaram available to people qurchasina residential real aroaerty is warranted. f
--- - -- -- - - - - - - - -
• _ r
effort
15.15.030 Obtaining a Report Requireedof Residential Building Records. 24-901
The owner of any residential building shafl-Mgy obtain from the City a report of the residential building records upon entering into an agreement of sale. Any_The-owner seeking a report shall file an application for such a report on forms provided by not late than throe dais after entering into an agreement of sa-l-e-Lhe City.
15.15.040 Application.
The report of residential building records shall be issued by the City within thirty (30) days after the owner submits a completed application on the form provided by the City and pays the fee established by resolution of the City Council. The owner shall indicate on the application whether the owner wants Gensents is given for an inspection of the residential building. If the owner does not want an ^onsen+ is net given by the owner for inspection of the residential building, the report shall indicate that the owner refused to Gensen+ +n +heresidential building was not inspected by the City in peGtkvR.
15.15.0450 Inspection.
l In ritten-^went of the propertewRerIf the owner requests an inspection of the residential building, tThe City shall cause a physical inspection of the residential building after research of the Csity records is completed. The report of residential building records shall include evidence of building permit or zoning Code violations observed during the inspection, and correction of those violations as determined by any re=inspections of the property.
15.15.0650 Delivery of Report.
refusal shall be delivered by the eWRer to the other parties er party to the agreemeF# within three days of filing the application with the City.
The completed report of residential building records shall be delivered by the owner or the owner's representative. te-allether parties te agreementale prier to the the transaGtOep T the responsibility yr prop seiner t�sure�at ce��et+en--e� it �p� thc�,�e�-o�r transfers by eminent dernain, from a deGree fer spe^ifi^ perfermanee•
0 24-902
default,G. Transfers to a Mortgagee by a rnertgager On default, transfers te a benefiE;iary t deed of trust by a truster On default, transfers by any fereGleSUre sale after transfers by any fereGlesure sale under default On an obligatien seGured by a mortgage, or transfers by sale under a pewer ef sale after a default an ebligatien seGured by -a - deed ef trust er seGured by any other instrument Gentai i 1.r of sale; transfers by deed On lieu of fereGleSUre and a transfer by a benefiGiary whe has aGqUired the property by fore GIGG ire er deed in lie, � of ferenlesl,re,•
A
,
Gensep/atershln, r, t• or tEs,
E. Transfers from ene ne_ewner to nno or mere ne_owners• ef
al
d,,�e,,G,,F�e,�e, ,
deGFe�
G. Transfers by the State Controller On the GOUrse of administering the unGlairned property I-w;
,
H. Transfers to a geVernmental entity;
,
residential building;
j. Transfers by an ewner er owners onto a family or living trust, where the owner(s) is a henefiniary or trustee of the trust
15.15.0706-5 Refunds/Cancellation Fees.
A. City shall refund the fee accompanying an application for a report of residential building records if a written request for refund is made prior to staff review of City records necessary to prepare the report. An administrative charge of twenty (20percent ``' of the application fee shall be withheld from any refund granted pursuant to this section.
No refunds will be made for a residential building report after the staff review or physical inspection of the property pursuant to Section 20.03.045 of this Code; B. Owner shall pay an inspection or reinspection cancellation fee in the amount established by resolution of the City Council. This fee shall be charged when an inspection or reinspection appointment is made with the owner and the owner fails to appear at the time of the inspection or cancels the appointment.
1 5 1 5 066 Expiration of Reporf
Report of Residential Building ReGGrds shall expire ene year from the date ef its issuaRGe and may not be extended. Ne refund shall be made wheR the FepeFt is allowed to expoFe-.
Any eutstanding violations at the tome of expiratien shall be fellewed until FeGE)Ived by �nnrnnri�te means
24-903
24-904
Chapter 15.16
SIGN CODE
Sections:
15.16.010
Definitions.
15.16.020
Purpose and Scope.
15.16.030
Enforcement.
15.16.050
Interpretation and Exceptions.
15.16.060
Exception Permits Procedure.
15.16.070
Compliance Required.
15.16.100
Exceptions for Maintenance and Repair.
15.16.110
Permits.
15.16.120
Application for Sign Permit.
15.16.130
Exemptions.
15.16.140
Prohibitions.
15.16.150
Fees.
15.16.160
Proper Maintenance Required.
15.16.170
Inspections.
15.16.180
Design Standards.
15.16.190
Support Construction Requirements.
15.16.200
Materials.
15.16.210
Anchorage.
15.16.220
Table 8-5A—Limitation of Plastics in Signs.
15.16.230
Table 8-513—Size, Thickness and Type of Glass Panels.
15.16.240
Ground and Pole Signs Design.
15.16.250
Combination Signs.
15.16.260
Display Surface Area and Height.
15.16.270
Roof Signs.
15.16.280
Wall Signs.
24-905
15.16.290
Projecting Signs.
15.16.300
Signs on Marquees.
15.16.310
Electrical Sign Materials.
15.16.320
Illuminated Signs.
15.16.330
Electrical Installations.
15.16.340
Temporary Signs.
15.16.350
Cloth Signs.
15.16.360
15.16 270
Nonconforming Signs.
Separate Pnnalty Provisions.
15.16.010 Definitions
Designated High -Density Area. The term "designated high -density area" shall mean any shaded area on the following map. See Exhibit A*. The geographical boundaries of a homeowners' association, as defined in Section 10.28.040(E), shall be excluded from the definition of a "designated high -density area" if the City Council adopts a resolution pursuant to Section 10.28.040(E).
15.16.110 Permits.
B. Issuance. In accordance with the provisions of and subject to the exceptions in SeEt+eR 3880 of the Labor Code of the State rCal. Lab. Code Section 3800 as the same now reads or may hereafter be amended, each applicant must show that he possesses the contractor's license required by the State of California.
15.16.120 Application for Sign Permit.
Application for a sign permit shall be made in writing upon forms furnished by the Building Official. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The Building Official may require the filing of plans or other pertinent information where in his opinion such information is necessary to ensure compliance with this chapter.
No permit shall be issued for any sign and no person shall cause or permit a sign to be constructed, installed or erected which does not comply with all the provisions of this chapter or which has less horizontal or vertical clearance from energized electric power lines than prescribed by the GalifOrnia Donal Cede Cal Pen. Code Section 385, the regulations of the California Public Utilities Commission, and the orders of the Division of Industrial Safety, State of California.
24-907
Chapter 15.17
ENERGY CODE
15.17.010 Adoption of the California Energy Code.
The City Council adopts and incorporates by reference, as though set forth in full in this section, the 2022 Edition of the California Energy Code, Califernia Code of Regula#GPQ4 CRR Title-24Part 0-_and all national codes and standards referenced therein to the prescribed extent of each such reference.
The various parts of these codes and standards shall constitute and be known as the Newport Beach Energy Code. A copy of the 2022 California Energy Code, printed in code book form, shall be kept on file in the office of the Building Official pursuant to Cal. Health &a-nd Safety Code Section 18942(e)(1) and made available for public inspection. 24-908
Chapter 15.18
SOLAR SYSTEMS
15.18.060 Duties of the Building Safety Division and Chief Building Official.
F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal Goyernmen+Gov. Code Sections 65850.55, 66015, and 66016 and Efate Cal. Health &and Safety Code Section 17951, or any S GGesser statutes
15.18.070 Permit Review and Inspection Requirements.
E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) aR d (R` of par0grOph (` r,f s bdiViciGR (d) of Cal. Civ. Code Section 714 d 1 (A) (B) _Giv.01 Code, er any saEc-esserstatute,defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
F. The City shall not condition approval of an application on the approval of an association, as defined in SeG i^„ 4080 of the Cal. Civ_.4 Code Section 4080 er aRy S GGesser statute.
24-909
Chapter 15.20
HOUSE MOVING
15.20.080 House Mover's Permit Required.
No person shall move any building or structure or any portion thereof over, upon, along or across any street until the Superintendent of Qtree sPublic Works Director has first issued a permit therefor. Such permit shall be called a "house mover's permit." A house mover's permit shall not be required for "relocatable buildings" subject to the provisions of Chapter 15.21 of this Code.
24-910
Chapter 15.37
APPROVAL IN CONCEPT PERMIT
15.37.010 Intent.
in order tTo comply with the California Coastal Actpr,% of nnricion 1 Q—of the Gernmossme i ," and the South Coast Regional Commission's operating regulations, it is necessary for the City of Newport Beach City to approve in concept all projects in the coastal zone permit area prior to any action by the South Coast Regional Commission. 24-911
Chapter 15.38
FAIR SHARE TRAFFIC CONTRIBUTION ORDINANCE
Sections:
15.38.010
Intent.
15.38.020
Purpose.
15.38.030
Specific Findings.
15.38.040
Terms and Definitions.
15.38.045
Applicability.
15.38.050
Establishment of Fair Share Traffic Contribution.
15.38.060 Payment of Contribution.
15.38.070 Use of funds.
15.38.075 Nontransferable.
15.38.080 In Lieu Contributions.
15.38.085 Fee Adjustments.
15.38.090 Exemptions.
15.38.100 Retroactivity.
15.38.110 Waiver for Affordable Housing.
15.38.120 Supplementary Provisions.
1 .38.130 Severabffit.-
15.38.050 Establishment of Fair Share Traffic Contribution.
D. In the event no substantive changes to any of the provisions of this chapter or the fair share implementation resolution occur during the time between the mandatory City Council reviews as set forth herein, the dollar amount set forth in the fair share implementation resolution exhibits, shall be increased automatically, based upon any interim increase in the Ceonsumer Pprice Index (the Los geles °Raheim_Ri„erside All I IrbaR GeRS imers IRde ). This automatic increase shall be calculated and become effective on July 1 of any year that the City Council does not otherwise review the contents or provisions of this chapter and the fair share implementation resolution.
15.38.110 Waiver for Affordable Housing.
24-912
Contributions, otherwise required pursuant to this chapter, shall be waived for all affordable residential housing as that term is defined in the housing element, and for any "granny" units or "second units" as defined in Section 65852.1 of the Cal. Gov.erRMe;t Code.
24-913
Chapter 15.40
TRAFFIC PHASING ORDINANCE
Sections:
15.40.010
Findings.
15.40.020
Objectives.
15.40.030
Standards for Approval —Findings —Exemptions.
15.40.035
Expiration.
15.40.040
Definitions.
15.40.050
Procedures.
15.40.060
Hearings —Notice.
15.40.070
Appeal —Review.
15.40.075
Proportionality.
15.40.080
Severability.
15.40.040 Definitions.
"Traffic Manager" means the person designated by the City Manager as the City Traffic Engineer pursuant to Section 2.32.010, er his or her desigRee. "Peak hour period" means the four consecutive fifteen (15) minute periods between seveR
7.00 a.m. and none-9.00 a.m. (morning) and the four consecutive fifteen (15) minute periods between four 4:30 p.m. and s+Y,-6:30 p.m. (evening) with the highest traffic volumes (for each primary intersection) as determined by the field counts required by Appendix A.
"Project" means "project" as defined in the California Environmental Quality Act (Cal.
Pub. Resources Code § 21000 et seq.), the CEQA Guidelines (14 CCR Section 15000 et seg.), and relevant decisional law without regard to whether any environmental document is required for the project. The term "project" shall also mean any application for a building or grading permit for development that would generate more than three hundred (300) average daily trips.
15.40.080 Severability.
24-914
/_1»4►117/'I_1
ADMINISTRATIVE PROCEDURES FOR IMPLEMENTING THE TRAFFIC PHASING
ORDINANCE
(3) (i) (iii). The Traffic Manager and Planning DireGtnrCommunity Development Director shall maintain a list of Committed Projects and, at least annually, update the list to reflect new Approvals pursuant to the TPO as well as completion of all or a portion of each Committed Project. A Committed Project shall not be removed from the Committed Project list until a final certificate of occupancy has been issued for all phases and the field counts required by sSubsection 3(d)(i) have been taken subsequent to issuance of the certificate of occupancy.
Appendix APPENDIX B
PRIMARY INTERSECTIONS
Balboa and 21 st
Bayview and Bristol
Birch and Bristol North
Birch and Bristol
Campus and Bristol
Campus and Bristol North
Campus and Von Karman
Coast Highway and Avocado
Coast Highway and Bayside
Coast Highway and Dover/Bayshore
Coast Highway and Goldenrod
Coast Highway and Jamboree
Coast Highway and MacArthur
Coast Highway and Marguerite
Coast Highway and Newport Center
Coast Hwy and Newport Coast
Coast Highway and Newport Ramp
Coast Highway and Orange
Coast Highway and Poppy
Coast Highway and Riverside
Coast Highway and Tustin
Coast Highway and Superior
Jamboree and Bayview
Jamboree and Birch
Jamboree and Bison
Jamboree and Bristol North
Jamboree and Bristol
Jamboree and Campus
Jamboree and Ford/Eastbluff
Jamboree and MacArthur
Jamboree and San Joaquin Hills
Jamboree and Santa Barbara
Jamboree and University/Eastbluff
MacArthur and Birch
MacArthur and Bison
MacArthur and Campus
MacArthur and Ford/Bonita Canyon
MacArthur and San Joaquin Hills
MacArthur and San Miguel
MacArthur and Von Karman
Marguerite and San Joaquin Hills
Newport and Balboa
Newport and Hospital
Newport and Via Lido
24-915
Dover and 16th
Dover and Westcliff
Irvine and Dover/19th
Irvine and Highland/20th
Irvine and Mesa
Irvine and Santiago/22nd
Irvine and University
Irvine and Westcliff/17th
Newport and 32nd
Newport Coast and Ridge Park
Newport Coast and San Joaquin Hills
Placentia and Superior
San Miguel and San Joaquin Hills
Santa Cruz and San Joaquin Hills
Santa Rosa and San Joaquin Hills
Superior and Hospital
24-916
Chapter 15.42
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
15.42.040 Notice of Hearing.
B. Notice shall be given at least ten (10) GaIeRdar days before the hearing by the following:
2. Notices posted throughout the proposed area of benefit with at least three notices posted at arterial highway intersections within the proposed area of benefit. 24-917
Chapter 15.45
DEVELOPMENT AGREEMENTS
15.45.010 Purpose.
Assurance that an applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. The ordinance codified in this chapter is adopted in part pursuant to the provisions of Section 65864 et seq. of the Cal.
Gov.eFRRieRt Code of the State of Qalifemr .
15.45.050 Public Hearing —Notice.
A public hearing on an application for a development agreement shall first be held by the Planning Commission and then by the City Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in Sections 65090 and 65091 of the GalifGrnia GOVeFRMe i+Cal. Gov. Code in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement.
15.45.070 Amendment/Cancellation.
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided inlay Section 65867 of the Government GedeCal. Gov. Code. An amendment to a development agreement shall be subject to the provisions of Section 65867.5. In the event that State or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such Sstate or federal laws or regulations.
15.45.090 Local Coastal Programs.
A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (commencing with Section 30000) of the Cal. Pub.4G Resources Code, unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action.
24-918
Chapter 15.50
FLOODPLAIN MANAGEMENT*
Sections:
15.50.010 Statutory Authorization.
15.50.020 Findings of Fact.
15.50.030 Statement of Purpose.
15.50.040 Methods of Reducing Flood Losses.
15.50.050 Definitions.
15.50.060 Lands to Which This Chapter Applies.
15.50.070 Basis for Establishing the Areas of Special Flood Hazard.
15.50.080 Compliance.
15.50.090 Abrogation and Greater Restrictions.
15.50.100 Interpretation.
15.50.110 Warning and Disclaimer of Liability.
�1 5�T2
15.50.130 Designation of the Floodplain Administrator.
15.50.135 Permit Review.
15.50.140 Review, Use of Other Base Flood Data.
15.50.145 Development of Substantial Improvement and Substantial Damage Procedures.
15.50.150 Documentation of Floodplain Development.
15.50.160 Notification of Other Agencies.
15.50.170 Map Determinations.
15.50.180 Appeals and Variance Procedure.
15.50.190 Conditions for Variances.
15.50.200 Standards of Construction.
15.50.205 Recreational Vehicles.
15.50.210 Standards for Utilities.
15.50.220 Standards for Development and Subdivisions.
24-919
15.50.230 Coastal High Hazard Areas.
15.50.240 Mudslide Prone Areas.
15.50.250 Flood -Related Erosion -Prone Areas.
15.50.010 Statutory Authorization.
The Legislature of the State of California has in Cal. Gov.erRmeRn Code Sections 65302, 65560 and 65800 conferred upon local government units' authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore, the City Council of the City of Newport does ordain as set out in this chapter.
15 50 120 Seyer^Jh1W
invalid,This Ghapter and th 3rts thereof are hereby deGlared to be severable. Sheuld SuGh eGi e er any pertieR thereof other
LhaR se�vr so deGlared to hoc URGonstnt tional or invalid 24-920
Chapter 15.60
CONSTRUCTION SITE FENCING AND SCREENING
15.60.030 Temporary Project Information Sign.
When a property in a designated high -density area, as defined in Section 15.16.010, is required to be fenced in accordance with Section 15.60.020, a temporary project information sign shall be affixed to the fence that can be readily viewed by the public. The temporary project information sign shall be subject to prior approval by the Community Development Director, ^r his er her desigR . The temporary project information sign shall be two feet in height by three Meet in length with the following information printed legibly in seventy-two (72) point font:
A. Permit number;
B. Site address;
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, his or her designee may specify and require.
The temporary project information sign shall be in substantial conformance to the following; however, the Community Development Director, er his or her designee' may require inclusion of additional information:
15.65.010 Intent and Purpose.
The Planning Commission of the County of Orange and the Orange County Development Agency have cooperated in the selection of a project area pursuant to California Cal Health & apd-Saf.ety Code Sections 33322 and 33323. The project area selected by the Planning Commission and the Agency includes territory within the territorial limits of the Git„ of Newport Bea Cit . Such territory is contiguous to the unincorporated territory of the County of Orange which is also included within such project area. The subject project area and the territory within the Git„ of Newport BeaG1 Cit are designated on the map attached as Exhibit A to the ordinance codified in this chapter. 24-921
Safifernia-Cal. Health &ate Saf.ety 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. 24-922
Chapter 15.65
SANTAANA HEIGHTS REDEVELOPMENT
15.65.020 Authorization.
Pursuant to California Cal. Health ate& Saf.ety Code Section 33213, the City Council of the City of Newport Roach City hereby authorizes redevelopment by the County -of Orange of that portion of the project area which is within the territorial limits of the City as shown on Exhibit A attached to the ordinance codified in this chapter. The County -of Orange is hereby designated to undertake such redevelopment. Pursuant to Oatifemie Cal. Health aPA& Safety Code Section 33213, any redevelopment plan prepared by the Orange County Department Agency for that portion of the project area within the territorial limits of the City of Newport Beach shall be subject to the approval of the City Council of the City by ordinance prior to the implementation of any of the provisions of such redevelopment plan with respect to such area.
15.65.030 Approval of Redevelopment Plan.
E. The redevelopment plan contains a provision that GatifGFRia-Cal. Health &a -Rd Saf.e#y Code Section 33214 shall not serve to limit the provisions set forth in parts (A), (B), (C) and (D) above.
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Chapter 15.80
BUILDING AND FIRE BOARD OF APPEALS
15.80.010 Building and Fire Board of Appeals.
In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Marshal relative to the application and interpretation of the Bbuilding Ccode (Chapter 15.02 through Chapter 15.14) and Ffire Ceode (Title 9), as adopted by the City, and any other matter specified in the "' I . — aGh IVI ROGipa Code, there shall be and is hereby created a Building and Fire Board of Appeals consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, building service equipment, fire protection and fire protection equipment. The Building Official and the Fire Marshal shall be ex officio members and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Building and Fire Board of Appeals shall be appointed by the City Council and shall not include any employees of the City of "'ewpei4 BeaGh. The Board shall adopt rules of procedure for conducting its business and it may recommend to the City Council such new legislation as is consistent therewith.
15.80.060 Procedures.
G. Final. The decision of the Building and Fire Board of Appeals shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5`^'it appeal rightS tE) the City GOURG11.
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Chapter 17.01
DEFINITIONS
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, 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. 24-925
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.
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 Building OffiGial The term "B iilydinn OffiGial" shall moon the Building currn�c �ur�nurrnTcarr—��-r��rtr
,
78. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining wall that separates dry land areas and water areas.
89. Bulkhead Line. The term "bulkhead line" shall mean the harbor land/water perimeter lines established in Newport Harbor by the federal government which define the permitted limit of filling or solid structures that may be constructed in Newport Harbor. The establishment of bulkhead lines does not necessarily allow the property owner to build to the limits of the bulkhead line due to potential environmental considerations established by the State of California and/or the federal government.
94-9. Business or Business Activity. The terms "business" and "business activity" shall mean all activities, whether the activity is nonprofit or for profit, engaged in for gain, benefit, advantage or livelihood to any person, directly or indirectly, including, but not limited to, any profession, trade, occupation, employment or calling engaged in trade, commerce, the exchange of goods, services, or property of any kind, transportation of persons as well as goods, communication, renting or leasing real or personal property or that provides any service.
C. Definitions: C.
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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.
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.
The term "Git" shall "earrthe
ii-GityvlfNQeaGh.
7. City COUTGil. The term "City GentOI" shall -rmeaRrthe City COURGi�f the GitY
Cit
yManager. term "Git y MaRa y 'or shall rn o���y n ngocrof the City er has er her designee.
69. 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.
74-0. 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.
844-. 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. 942. Coastal -Dependent Development or Use. The terms "coastal -dependent development" or "coastal -dependent use" shall mean any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from Cal.if,� Pub.4G Resources Code, Section 30101).
13. Code The term "Cede" shall mean the AI wpert R ninipal Code �.. Code. urrTrT�ze•w�pvrrveaC�lrrrcrpaT-wc«
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104. Commercial. The term "commercial" shall mean any business activity whether the business activity is nonprofit or for profit. Commercial activities shall include, but are not limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity. 115. Commercial Fishing Vessel. The term "commercial fishing vessel" shall mean a vessel registered by the Department of Fish and Wildlife pursuant to Sect+en 880-et seq., OF seEGeSSer nr^"iSi^n, ^f the Cal. Fish &aPA Game Code Section 7880 et seq. of the State of Galiforwhen operating under the authority of a fish and game permit or license.
16. Community inity DevelopmentTectOr. The term "Community inity Dey nm�t Die r" shall mean the Community Development Dire r of the City or his or her designee.
127. 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.
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.
5. 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.
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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.
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
in 1937. ,+^
3�r'arY'Ge-DireEtC)r. The term ` iY'Ge-Directer shah--Yr'r'eaR the e FiRa TGe-DoreGt��
of the City or his or her respective desigRee
34. Finger. The term "finger" shall mean a portion of a floating dock section that is perpendicular or at an angle to the walkways and is used for tying up and boarding vessels.
46. Freeboard
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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.
57. 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."
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.
IMM 90irY •i[ I=MMI
1. Habitat. The term "habitat" shall mean the locality, including the physical and biological environment, in which a plant or animal lives. 24-930
or resolution referring Harbor pr.seurGes Division shall Fnean the Har�T Department .�7
24. 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.
35. 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.
6. Harhnrmaster. The term "Harbermacter shall mean the HarhnrmnoteF of the- r't�i�? or her designee. A I icinn within this rode er aRy unGedifioit ordonanGe or reselutien referring te the Harbor ReseurGes Manager shall rnean the Harberma ter
47. Harbor Structures. The term "harbor structures" refers to any pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or any other structure excluding moorings or watercraft in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City.
58. 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.
69. 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.
74-0. 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.
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2. Licensee(s). The term "licensee(s)" shall mean the person(s) who holds a validly issued short-term mooring license pursuant to Section 17.60.045.
23. Live -Aboard. The term "live -aboard" shall mean the use or occupancy of a vessel for human habitation (a) while at its mooring for a period exceeding seventy- two (72) hours in any thirty (30) day consecutive period; or (b) at its dock or berth in a commercial marina for a period exceeding one hundred eighty (180) days or more, in any three hundred sixty-five (365) day period.
43. Live Bait and/or Sea Life Receiver. The term "live bait" or "sea life receiver" shall mean an object for confining live bait or sea life such as those receivers fostering growth of sea life under the water, which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter 17.50.
45- Live Load. The term "live load" refers to the weight of all temporary loads such as pedestrians and berthing loads.
65. Local Coastal Program (LCP). The term "Local Coastal Program" or "LCP" shall mean Title 21 and the City of Newport Beach Coastal Land Use Plan adopted by the City and certified by the Coastal Commission in order to implement the provisions and policies of the Coastal Act at the local level.
76. Longshore. The term Iongshore" shall mean parallel to and near the shoreline.
87. 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 for more vessels 24-932
are wet -stored (in water) and/or dry -stored (on land/racks) for more than thirty (30) Ga'Fdays.
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 17.10.
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 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 "mud line" 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.
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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:O.
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, weight and chain installed for the purpose of berthing a vessel, as provided by Chapter
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.
21. Passenger. The term "passenger" shall mean every person other than the operator and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.
32. Permittee(s). The term "permittee(s)" shall be the person or entity who holds a validly issued permit under any provision of this title. Permittee(s) shall also 24-934
include licensee(s), except in cases where such definition would conflict with another provision of this title.
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-
35. 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 non residentially zoned property with single or multiple berths which are 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.
C. Public Pier. The term "public pier" shall mean a pier used for public recreational purposes provided by a public agency.
46. Pierhead Line. The term "pierhead line" shall mean the harbor water area perimeter lines established in Newport Harbor by the federal government or the City, in cooperation with private associations, that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the harbor. The pierhead line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by the Harbor Commission.
58. Project Line. The term "project line" shall mean the harbor water area channel lines of the improvements constructed by the Federal Government in 1935 through 1936.
6-9. 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.
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740. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the common law public trust for commerce, navigation, fisheries, recreation, and other public purposes and includes all tidelands, submerged lands, the beds of navigable lakes and rivers, and historical tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.
N Definitions: R.
1. Residential. The term "residential" shall mean those properties that are identified in Title as a district that allows residential uses or areas designated and used for residential purposes.
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.
5. Rusk Manager. The term "fin Manager" hall rnean the Risk Manager of Gity or his or her designee
O. Definitions: S.
1. Sail 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.
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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.
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. 24-937
2. Vessel Length. The term "vessel length" shall include the following:
a. Length Overall as published by the manufacturer of a particular vessel (LOA).
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.
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Chapter 17.05
GENERAL PROVISIONS
17.05.140 Public Hearings.
B. 2. a. Mailing. Notice shall be mailed or delivered at least ten (10) Galendar days before the scheduled hearing to all the following:
b. Posting of a Sign and Notice. Notice shall be posted at a conspicuous place, easily readable by the public and placed as close as possible to the site of the proposed development at least ten (10) Ga'R,ar days before the scheduled public hearing in the following manner:
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Chapter 17.10
MARINE ACTIVITIES PERMIT
17.10.060 Power to Impose Conditions —Hold Harmless.
B. 13 All req aired ilnsurance, which types and amounts shall be determined by the Risk Manager naming the city of Newport Beanh as an additional insured and a business license shall be maintained in full force and effect for the full term of the permit;
17.10.070 Insurance.
Persons engaging in any commercial activity including, but not limited to, charters, rentals, commercial services or any other types of operations on the waters of Newport Harbor shall at all times ,rnaai Ttain and provide to City Proof of incUraRGe GOV r�its operation, naming the City as an additional ircirorlmaintain insurance, which types and amounts shall be determined by the with SUGh Polio„ limits anal „erase as established 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 aGGGpdaRG8 With Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels covered.
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Chapter 17.20
VESSEL LAUNCHING AND OPERATION
17.20.040 Abandoned or Unattended Vessels and Property.
All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to the Harbormaster.
Any such vessel or property shall be dealt with as provided in the appropriate provisions of Chapters 1.20 and 17.70, OF Sect+en-510-et seq. ^f the CQ-Alif„Mia Cal. Harb.of-s &aPA 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:
17.20.060 Vessel Races.
E3. Otherwise comply with this Code, Cafi#erRia-Cal. Harb_.ors &arid Nav_.+gat+en Code, and the Federal Inland Navigation Rules; and
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Chapter 17.25
BERTHING, MOORING, AND STORAGE
17.25.020 Anchorage, Berthing and Mooring Regulations.
A 1. b. Anchor a vessel in any of Newport Harbor's designated public anchorage areas or at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy-two (72) hours within any thirty (30) caleRdar day period. The Harbormaster may authorize, in writing, an extension to the seventy-two (72) hour time limit if the Harbormaster determines that given the particular circumstances an extension of time is reasonable and warranted.
H 2 a. Commence repairs within thirty (30) GaleRdar days upon service of the written notice of such determination and complete repairs within ninety (90) GaleRdar 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) calendar 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) Galendar days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his or her request to test operability and seaworthiness as needed.
H 4. If, based upon the appearance of the vessel, inspection by the City or Harbormaster or other facts, the Harbormaster determines that a sea lion has boarded a moored vessel, the Harbormaster shall issue and serve a notice of violation in accordance with Section
1.05.030 and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within seven GaleRdar days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) -Gar days of the notice of violation, the Harbormaster may issue an administrative citation or take any other enforcement action authorized by this Code. In the event the Harbormaster issues an administrative citation, the permittee shall:
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)ra�aT 24-942
days, the Harbormaster may install temporary deterrent measures as needed and recover the City's cost of compliance.
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Chapter 17.30
HARBOR USE REGULATIONS
17.30.020 Loading or Unloading Hazardous Materials.
No person shall load or unload any hazardous materials to or from any vessel from or upon any pier or other vessel in Newport Harbor without first obtaining a permit from the Fire Marshal pursuant to Section 105.6 of the California Fire Code and Chapter 9.04 of Title 9 of this Code. An application for a permit to load or unload any hazardous materials shall be filed with the Harbormaster in accordance with Section 17.60.015. The Fire Marshal ^r hic nr her designee shall issue the permit if he or she finds that the hazardous materials and the associated maintenance, handling and/or storage activities conform to the California Fire Code and this Code. The Fire Marshal OF hic OF hor de igRee may impose any conditions on the issuance of the permit necessary to protect the health, safety and welfare of the public. The decision of the Fire Marshal may be appealed in accordance with Chapter 15.80.
17.30.030 Live Bait and Sea Life.
B. Nonconforming Bait and/or Sea Life Receivers. Storage of live bait or sea life other than in a receiver conforming to the requirements hereof is prohibited. After three calendar days' written notice, served in accordance with Section 1.05.030, to the owner of a nonconforming receiver, it may be removed by the Harbormaster and stored at the expense of the owner.
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Chapter 17.40
LIVE-ABOARDS
17.40.060 Term/Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months.
Applications for the renewal of any permit shall be submitted at least sixty (60) ^"'�aT days before expiration of the permit, on forms supplied by the City, shall include the fee established by resolution of the City Council and shall specify any changes to the information provided on the original application for a permit.
17.40.070 Conditions/Regulations.
A 3. By obtaining a live -aboard permit, the permittee specifically authorizes the Harbormaster er his or her desigRee to board the subject vessel at any time to inspect the marine sanitation device and holding tank and install a dye tablet to determine whether there is any discharge from the same.
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Chapter 17.45
SANITATION
17.45.030 Waste and Refuse.
A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or allow any other person on a vessel under his or her control or command to discharge any treated or untreated human or animal excreta from any marine sanitation device on a vessel into the waters of Newport Harbor or the Pacific Ocean. In accordance with Cal. Harb.e-P &a-nd Nay.igatie;e Code Section 782 any vessel in the waters of Newport Harbor or on the waters of the Pacific Ocean within the jurisdiction of the City, with a marine sanitation device, is subject, at any time, to boarding by the Harbormaster to inspect the operation and condition of the same and shall be subject to the use of a dye tablet to determine whether or not the marine sanitation system is discharging overboard. Violations are subject to all available remedies, including immediate removal from Newport Harbor.
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Chapter 17.50
HARBOR DEVELOPMENT PERMITS
17.50.040 Rendering of Decision.
A. Approval.
1. Approval by City Staff.
for:
a. Except as provided in subsection (A)(2) of this section, the review authority shall approve and issue an approval in concept and/or harbor development permit if a public hearing is not expressly required, and the application conforms to the provisions of this title, the design criteria and all applicable standards and policies otherwise applicable to the property. b. Before issuing an approval in concept or harbor development permit i. Any development on oceanfront beaches;
ii. Development of a nonstandard structure; or
iii. Development of a structure for a use that is not in keeping with the surrounding area;
the review authority shall notify all real property owners within three hundred (300) feet of the proposed development, as shown on the last equalized assessment rolls, of the pending application. Notice will be sent at least ten (10) Galendar days prior to a decision.
B. Notice of Decision. Notice of the decision shall be posted on the City website within one day of the date of the decision. The review authority shall provide notice of the decision to the applicant and publish notice of the decision on the City's website for fourteen (14) GaleRdaFdays. If no appeal or call for review of the decision is filed within the fourteen (14) GaleRdaFdays, the decision is final. No permit shall be issued until the appeal period or call for review, in accordance with Chapter 15.80 or 17.65, expires.
17.50.100 Securing of Structures.
If, based upon an inspection by the City or other facts, the Harbormaster determines that a sea lion has boarded a permitted structure and/or any vessel or other appurtenances attached to the structure, the Harbormaster shall issue a notice of violation and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the structure and/or any vessel or other appurtenances attached to the structure within seven �7) days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within sevens Ga'�ar 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 24-94 7
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. . .]
Chapter 17.55
DREDGING PERMITS
17.55.040 Limits on Uses.
Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with Seo+i�33 of the Gainfernma-Cal.
Pub.4G Resources Code Section 30233 (Coastal Act) and the certified Local Coastal Program.
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Chapter 17.60
HARBOR PERMITS AND LEASES
17.60.040 Mooring Permits.
B 2 j. Agree to move the vessel from the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster because the vessel has drifted from its assigned mooring location or to address safety or navigational concerns, and also to authorize the Cityor its �'�aee-to move the vessel upon the mooring permittee's failure to do so, at the permittee's expense; B. Issuance of Permit —Conditions. The Harbormaster, in furtherance of the tideland grants to the City, may issue a mooring permit or mooring sub -permit to allow the mooring permittee or mooring sub-permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel if the Harbormaster makes the findings set forth in Section 17.05.140(D)(1). A mooring permittee may hold up to two mooring permits at any time. A mooring permittee that held or continues to hold more than two mooring permits prior to May 11, 2017, may continue to hold the mooring permits until the permits are sold, revoked, or otherwise transferred under this chapter.
1. Exceptions.
a. The Balboa Yacht Club and the Newport Harbor Yacht Club (collectively, "yacht clubs") currently hold permits for single point moorings placed within certain mooring area boundaries established by the City, as noted in subsection (13)(3)(g) of this section. In addition, the Lido Isle Community Association ("LICA") has permits for onshore moorings on Lido Isle. These organizations shall hold their respective permits under the yacht club, or respective organization name, for the moorings identified by the City as under their respective control at the time of enactment of the ordinance codified in this section. The yacht clubs and LICA shall be solely responsible for managing moorings under their control and shall be permitted to assign moorings under their control to yacht club members and members of LICA, respectively. The yacht clubs and LICA shall keep accurate records of the name and address of the club members and community association members to which each mooring has been assigned and the corresponding length of each vessel. The yacht clubs and LICA may not sell or otherwise transfer the moorings under their control to a third party that is not a member of the yacht club or LICA. Mooring records and 24/7 emergency contact information shall be provided annually to the Harbormaster by the yacht clubs and LICA on or before February 1 st.
b. Mooring of a Tender. A single vessel no longer than fourteen (14) feet in overall length to serve as access to and from the assigned vessel may be secured to the assigned vessel or may be secured to the offshore 24-950
mooring in the absence of the assigned vessel. The vessel must be secured in such a manner so as not to intrude into the fairway or obstruct neighboring permittees. Notwithstanding the single vessel restriction, permitted live- aboards may secure up to two vessels no longer than fourteen (14) feet in overall length to the assigned vessel, to serve as access to and from the assigned live -aboard vessel.
c. Multiple Vessel Mooring System Program. The Harbormaster may approve a multiple vessel mooring system in the single anchor mooring areas of Newport Harbor. An application and applicable fee, established by resolution of the City Council, for a multiple vessel mooring system shall be submitted in writing to the Harbormaster, who shall evaluate the application based upon standards established and the application shall be approved if the Harbormaster makes the findings under the applicable standards and those set forth in Section 17.05.140(D)(1).
2. Permit Requirements. A mooring permit may be issued to a maximum of two persons ("mooring permittee(s)") who shall be individually and collectively responsible for all activities related to the mooring permit. The mooring permit shall specify the assigned mooring location, the mooring length, and assigned vessel information. Mooring permittee(s) are subject to and shall fully comply with the following conditions:
a. Identify on the permit the full legal name(s), current address(es), current telephone number(s) and current email address(es), if one exists, of the mooring permittee(s);
b. Agree to be responsible for permit rent, fees, maintenance and repair of mooring equipment;
c. The permit for joint ownership moorings shall provide that all parties shall have equal rights under the permit and shall be held jointly responsible for compliance with all rules, regulations, and conditions set forth in the mooring permit;
d. Grant permission to the City to temporarily assign the mooring to another vessel when it is unoccupied through the issuance of a mooring sub -permit;
e. Agree to defend and indemnify the City and any other government entity with jurisdiction against any claims or losses arising out of, or related to the use of, the mooring permit except where the claim or loss arises from the sub-permittee's damage of the mooring, or out of the negligence and/or misconduct of a person assigned the mooring as a mooring sub-permittee under subsections (G) and/or (H) of this section;
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f. Provide proof of insurance for the assigned vessel naming the City as an additional insured to the satisfaction of the Risk Manager; g. Provide registration or other proof of controlling possessory right in the assigned vessel, all to the satisfaction of the Harbormaster; h. Agree to pay fair market value rent, as established by resolution of the City Council, on a rent schedule established by the Harbormaster, which shall be similar to the schedule used to collect rent from other tidelands users in Newport Harbor;
i. Agree that the mooring permit does not provide any ownership interest in the underlying tidelands, which are held in trust by the City and owned by the people of the State of California;
j. Agree to move the vessel from the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster because the vessel has drifted from its assigned mooring location or to address safety or navigational concerns, and also to authorize the City or its designee to move the vessel upon the mooring permittee's failure to do so, at the permittee's expense;
k. Agree to allow the Harbormaster, or his designee, to board the permittee's vessel at any time to inspect the condition and operability of the marine sanitation device(s) and/or insert dye tablets to determine whether said devices are discharging overboard in accordance with applicable laws; and
I. Agree that if the permittee's maximum mooring length is shorter than the established length of its mooring row by five feet or more then the permittee is subject to relocation within the same mooring field for the purpose of accommodating mooring extension requests. The H and J fields shall be considered as one field for the purpose of relocations. The costs of relocation, including the moving of mooring equipment, shall be borne by the mooring permittee who requested the mooring length extension.
Example: Permittee A has a mooring length of thirty-five (35) feet, a vessel LOA of thirty (30) feet, and is in a thirty-five (35) foot row. Permittee B has a mooring length
of thirty (30) feet, a vessel LOA of thirty (30) feet, and is in a thirty-five (35) foot row. Permittee C has a mooring length of thirty-six (36) feet, a vessel LOA of thirty (30) feet, and is in a forty (40) foot row. Only Permittee B is subject to relocation.
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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; d. immediate family, whiGh shall menr the mnOr�permittee's spouse and heirs at law to the seC��� degree of `+ensaRg unit i urra--iT�avr e9 r��rcvrrsaTTgc'TrnT�
de. A marine contractor, or marine support service provider, holding a mooring permit used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance or dredging); ef. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; or similar marine educational entities; or
fg. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively "yacht clubs") and the Lido Isle Community Association —only for those moorings assigned by the City within certain established mooring areas or locations, 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.
gk. Agree to allow the Harbormaster, or his designee to board the permittee's vessel at any time to inspect the condition and operability of the marine sanitation device(s) and/or insert dye tablets to determine whether said devices are discharging overboard in accordance with applicable laws; and
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H 2. The mooring sub-permittee agrees to be responsible for any damage to mooring equipment; to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental; to provide proof of insurance as may be determined by the City's Risk Manager; to provide registration or other proof of ownership; to provide an equipment damage deposit, all to the satisfaction of the Harbormaster; and authorize the City, or its designee to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster;
17.60.060 Public Trust Lands.
A 3. The City Manager, or his or her designee is authorized to enter into leases or permits authorized by this section on behalf of the City in a form approved by the City Council pursuant to Resolution 2012-91 for large commercial marinas and Resolution 2012-97 for commercial use of tidelands (as the same may be subsequently amended from time to time by the City Council) or in such form as is substantially similar thereto; provided, however that the City Manager may instead refer the matter to the City Council for consideration and approval. Furthermore, the City Manager or his er her designee, is authorized to implement such leases or permits on behalf of the City and to issue interpretations, waive provisions, and enter into amendments thereof. 24-954
Chapter 17.65
APPEALS OR CALLS FOR REVIEW
17.65.020 Time Limits.
Appeals or calls for review shall be initiated within fourteen (14) Galendar days of the decision.
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Chapter 17.70
ENFORCEMENT
17.70.010 Declaration of Nuisance —Abatement.
Any building, structure, or vessel set up, erected, constructed, altered, enlarged, converted, moved or maintained in or over the waters of Newport Harbor or the Pacific Ocean contrary to the provisions of this Code, and any use of any land, water, building or premises established, conducted, operated or maintained contrary to the provisions of this Code, shall be and the same is declared to be unlawful and a public nuisance; and the City Attorney may commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or vessel and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Code. Pursuant to Cal. Gov.emmeRt Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the person(s) creating, causing, committing, or maintaining the public nuisance.
17.70.015 Suspension of Marine Activities Permit.
B 1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities permit holder has submitted an application that contains false information or committed a violation of a permit condition, this Code, State or federal law related to a marine activities permit. Such investigation may include, but is not limited to, on -site or vessel inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension of the marine activities permit, the Harbormaster shall issue written notice of intention to suspend the permit. The written notice shall be served on the owner in accordance with Section 1.05.030, directing the permittee to appear at the date, time and place for a hearing on the suspension of the marine activities permit. The notice shall specify the facts which, in the opinion of the Harbormaster, constitute substantial evidence to establish grounds for imposition of the suspension, and specify the proposed time the marine activities shall be suspended. At least fourteen (14) GaleRdar 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 24-956
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) Galendar 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. 24-957
17.70.020 Grounds for Revocation of Permit.
B 1 a. At least fourteen (14) calendar days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing, and specifying the facts which constitute the grounds for revocation.
2. Procedure for Revocation of Live -Aboard Permits. If the Harbormaster determines there are grounds for revocation of a live -aboard permit as provided in subsection (A)(2) of this section, he or she shall provide written notice of revocation with service of the notice in accordance with Section 1.05.030, stating the grounds for the action, the effective date of the decision and the right of the permittee to appeal the decision to the Harbor Commission. The permittee shall have fourteen (14) Galendar 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) Ga'enar 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) calendar 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) Galendar days of the date the notice is deemed served, the decision of the Harbormaster shall be final. 24-958
Chapter 19.04
GENERAL PROVISIONS
Sections:
19.04.010 Short Title.
19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).
19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).
19.04.035 Development Across Property Lines.
19.04.040 Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).
19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411.1, 66428).
19.04.070 Interpretation of Code Provisions.
19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).
19.04.010 Short Title.
This title shall be known as the "Subdivision Code" of the City of Newport Beach. All references herein to chapters, sections, subsections and paragraphs shall, unless otherwise specified, mean text in thise MURiGipal Code of which this title is a part.
Similarly, all references herein to "this title" shall, unless otherwise specified, mean this Title 19.
19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).
A. Consistency with Subdivision Map Act. It is intended that the provisions of this title shall be fully consistent and in full compliance with the Subdivision Map Act, as defined in Section 19.04.090 (Division 2., ef Title 7 of the CalifOrnia r-eveFR T Rt Cand that such provisions shall be so construed. In case of conflict between the provisions of this title and those of the Subdivision Map Act, the latter shall control.
19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).
C. Subdivisions Under Previous Law. In accordance with Cal. Gov. Code Section 66499.30 of the S b diVicieR Haar, c-t, 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 24-959
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 of the Subdivision Hoar Act, nothing in this section shall prohibit an offer or contract to sell, lease or finance real property, or to construct improvements thereon where the sale, lease or financing or the commencement of construction is expressly conditioned on the approval and filing of a final map as required by this title.
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 SubdiViSiGR Map 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 of the Subdivision noon Gt, determinations on whether a proposed action is exempt from review pursuant to Cal. Gov. Code Section 66412 of S bdiVicion noon Gt or whether a parcel map may be waived pursuant to Cal. Gov. Code Section 66428 of the SIVIA shall be made within sixty (60) days of an application being deemed complete.
19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).
Pursuant to Cal. Gov. Code Section 66415ofthe —Ge ernmeRt Code, 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.ernmenn Code Section 66416, the Appeal Board for decisions of the Planning Commission shall be the City Council and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission.
19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411.1, 66428).
Atentative 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 of the-SubdiViSOOR Map AEt. 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.
19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.). 24-960
A. MosderneaRer Vielatien. Any person vielating or Gausing the vielatien of any of the . . ; of this title shall be guilty of a misderneaner and shall be subjeGt te penalties - as previded by law. SUGh person shall be deerned gu Ity of a separate effense for eaGh and every day during any pertien ef whiGh any violation ef this title 06 GOMmitted er- nnntinu ed
A9. 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 of the Map Act. In addition, the City may elect other remedies for violation of this title, as provided in the Cal. Gov. Code SSA sections cited above.
BC. Enforcement Responsibility. It shall be the duty of the Community Development Director or the director's authorized representative to enforce the provisions of this title.
19.04.090 Definitions (Cal. Gov. Code Section 66414 et seg.).
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).
"Gity Eng neer" meaRS the City EngiReer of the City ef Newport BeaGh er the equivalent nn�ciitinn the r„ for the purposes ef GarryiRg eut the dutiesand roc nrcvpvnrrJirhiiriirtie-S f the City En��'
cp�gencified i r-this c„hdi"iSinn Code, er the Gity
ERgineer's ddesignee
as ty epment „
means the Community Develepment DireGtor for t4e
Community Deyelnnmont Department er his er her de.i,., 1 "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 43514105, 4125, and 4190 of the California Civil Code.
"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.] 24-961
"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. Adriveway 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 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 24-962
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 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 subdi"ici„n of -Section 4125 or 65421351 of the Gi„il Code n a community apartment project, as defined in sub di„iciOR (D) of SeEt+eR 1351 of the Cal. Civ.4 Code Section 4105 or the conversion of five for more existing dwelling units to a stock cooperative, as defined in s bdi„iciOR (M) of Cal. Civ. Code Section 4190 or 65661351 of the i'i„il Code Same Tmi r the Si iuham?;nR n� ry aap AG4-.4
"Subdivision Map Act" or "SMA" means Cal. Gov. Code Title 7, Division 2, Section 66410 et seq.of the Government Code State of California
"Tentative map" or "tentative subdivision map" means a tentative tract map or a tentative parcel map.
24-963
"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 City of Newport Beach Municipal Code, as most recently amended.
24-964
Chapter 19.08
TENTATIVE MAP FILING
Sections:
19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).
19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).
19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).
19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).
Approval of a tentative and final tract map shall be required in accordance with this title for any subdivision creating five (or more parcels, five for more condominiums as defined in Cal. Civ Code Section 783 ^f the GalifGrnia Gov" Code a community apartment project containing five for more parcels or for the conversion of a dwelling to a stock cooperative containing five (for more dwelling units, except for those activities excluded by Section 19.04.040, or where: the
E. U�i RtiI Ianar�i 1 200-3, the iand being subdivided �solely fer the Ereatien of an
19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).
Al. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Cal. Pub. Util. Code Section 230 of the California P blin Utilities i`, Which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing;
19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
A. Activities Eligible for Waiver. The ZeRing dMinistrate 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 24-965
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.-ef the Government Code
19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).
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 of the Subdivision noon A'Gt and shall not exceed the amount reasonably required to administer the provisions of this title.
C. Form and Content. Tentative tract and tentative parcel maps shall be prepared by a civil engineer registered in the State of California in accordance with the 'S bdiVisinn Map Ac4Cal. 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.
19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) GaleRdar 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 of the Government G�lJo
19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).
A preliminary soils report prepared to the satisfaction of the City Engineer by a civil engineer registered in California shall be submitted with all tentative maps. However, the requirement for a soils report may be waived if the City Engineer determines that, due to existing information on the soil and geological qualities and topography of the property to be subdivided, no such report or reports are necessary. Conversely, if the 24-966
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 of the Subdivision Ma o„+ 24-967
Chapter 19.12
TENTATIVE MAP REVIEW
Sections:
19.12.010 Tentative Map Review Authority.
19.12.020 Prefiling Conference.
19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).
19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).
19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9).
19.12.060 Review of Tentative Parcel Maps.
19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.).
19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2).
19.12.090 Amendments to Approved Tentative Maps.
19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).
Within five adays of a tentative map being determined to be complete pursuant to Section 19.08.050, copies of the map shall be sent to all local and State agencies prescribed by Cal. Gov. Code Sections 66453 et seq. of the Subdivision Map o^+ for the opportunity to comment on the proposed tentative map. In addition, copies of the tentative map shall be sent for comment to all utilities and similar service entities which the Director deems may be affected by the proposed subdivision.
19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).
A. Subdivider's Responsibilities. The subdivider shall submit information as required by the Community Development Director sufficient to permit environmental review of the project in accordance with the California Environmental Quality o,.+CEQA, the Zoning Code and City procedures. The subdivider shall also pay all fees required for the completion of environmental review including, but not limited to, the preparation of an environmental impact report, if required.
B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Community Development Director shall determine if the parcel map is categorically
exempt from environmental review pursuant to con+inn 15315 of the California Environmental Quality Act Guidelines Section 15315.
C. Mitigation Measures. In conjunction with adoption of an environmental impact report or negative declaration, the City may impose mitigation measures as conditions of approval on a tentative tract or parcel map in,�Fto mitigate a project's environmental impacts.
19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9).
C. Public Hearings. Public hearings shall be noticed and held in accordance with Cal.
Gov. Code Sections 65090, 65091, and 66451.3 ef� the GeverRmT Rt Cand City procedures.
E 2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to this title, the DlnnniRg Diron+nrCommunity 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 of the GGVernmont Cede
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.erRmeRR Code and the City of Newport BeaGh MLJRiGina1 his 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 66451.4eftheGeverRmeRt Cam, no tentative tract map shall be denied to comply with the time limits specified in this section unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this section.
13. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee set by resolution of the City Council pursuant to Cal. Gov. Code Section 66451.2ofthe Govorrnnmmo„+��eaRY uEGesser statute. A call for review is exempt from the payment of a filing fee under Section 3.36.030, .
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14. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal or call for review. The appeal or review hearing shall be noticed in accordance with Cal. Gov. Code Sections 65090, 65091 and 66451.3E)fthe Government (`ode erwr�aE esser statutes, and shall be held within thirty (30) days after filing of the appeal or call for review. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal or call for review.
J. Indemnification of City. Pursuant to Cal. Gov. Code Section 66474.9 of the GE)Vernmont Qede 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 66499.37efthe GoverRmeRt Code. 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.
19.12.060 Review of Tentative Parcel Maps.
A 2. Procedures. Except as provided in subsection (A)(5), Tthe provisions for tentative tract maps set forth in Sections 19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps.
A 5. Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes shall be exempt from the provisions set forth in Sections
19.12.050(B) and (C) regarding staff reports and public hearings. Public notice shall be provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and City procedures, except that the notice shall include a statement that no local public hearing will be held; however, written comments on the proposed subdivision will be considered if submitted by no later than the date set forth in the notice.
B. 1 Initiation of Appeal or Call for Review. With the exception of a tentative parcel map for an urban lot split, any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission or any action of the Planning Commission regarding a tentative parcel map to the City Council. Only an applicant can appeal an action by the Zoning Administrator or the Planning Commission on a tentative parcel map for an urban lot split. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Zoning Administrator regarding a tentative parcel map may be initiated by a member of the Planning Commission to the Planning Commission, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. 24-9 70
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. Goyernmon+ Code Section 66463.5, or any sz;E�s�ate,an appeal of a denial of a tentative parcel map extension shall be heard by the City Council.
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the Director within ten (10) days after the action of the Zoning Administrator on a form provided by the Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission on a form provided by the City Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council in accordance with Cal. Gov.eFRrneRn Code Section 66463.5, er on„ S GGesser state o The time limit for filing appeals on denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing.
19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.).
A7. That, in the case of a "land project" as defined in Cal. Bus. & Prof. Code Section 11000.5 of the GaInfernia B SiRess and DrnfeSSiOnc r: (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; A9. That the subdivision is consistent with Cal. Gov. Code Sections 66412.3 of the Subdivisien Map and Sectien -(�
65584 of the California Geyernmen+ nrJo regarding
the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources;
19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2).
B2 Published a public hearing notice in accordance with Cal_ifern+a Gov_ernrnenn Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change(s) to this Code, the General Plan, any applicable specific plan(s) or other City regulations.
19.12.090 Amendments to Approved Tentative Maps.
A. Minor Amendments. Minor amendments to approved tentative tractor tentative parcel maps or to any condition of approval thereon may be approved by the Flaming DiFeEterCommunity Development Director provided the Director determines that all of the following criteria are met:
24-971
4. The resulting tentative map remains in conformity with this Subdivision Code, other applicable provisions of the MuniGipa this Code and the Subdivision Map Act.
B. Major Amendments. If the Fanning DirectorCommunity 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.
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Chapter 19.16
TENTATIVE MAP EXPIRATION AND EXTENSION
Sections:
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
A. Review of Extensions. Upon application by the subdivider filed before expiration of a tentative tract map or tentative parcel map, the original tentative map decision making body may extend the time at which the map expires for a period or periods not exceeding a total of five years from the initial expiration date. Prior to expiration of an approved tentative map, upon the application by the subdivider to extend the map, the map shall be automatically extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the decision making body denies a request to extend a tentative map, the subdivider may appeal the denial to the City Council (for both tentative tract maps and tentative parcel maps) within fifteen (15) days after the denial in accordance with the provisions of Sections 19.12.050 and 19.12.060.
B. Extensions Due to Public Improvement Obligations, Moratoriums and Lawsuits. In addition to the extensions provided for in subsection (A) of this Section, the expiration of tentative maps shall be deferred in the following cases pursuant to the detailed provisions of Cal. Gov. Code Section 66452. 6 of the S bdiViciOR Map ant:
1. Public Improvements and Development Agreements. The tentative map shall be automatically extended pursuant to Cal. Gov. Code Section 66452.6 of the- A° if the subdivider is required to provide off -site public improvement requirements above the dollar amount specified in Cal. Gov. COdeSMA Section 66452.6. Extensions of tentative maps on property subject to a development agreement shall also be administered pursuant to that SMA section.
2. Moratoriums. The period of time specified in subsection (A) of this Section, including any extensions granted pursuant to subsection (B)(1), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
3. Lawsuits. The period of time specified in subsection (A) of this Section, including any extensions granted pursuant to subsection (B)(1), shall not include any period of time during which a lawsuit, involving the approval of the tentative map, is or was pending in 24-973
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. of the "; ° - 24-974
Chapter 19.20
VESTING TENTATIVE MAPS
Sections:
19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2).
19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).
19.20.040 Filing and Review.
19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6).
19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).
19.20.070 Amendments Tto Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
19.20.010 Purpose (Cal. Gov. Code Section 66498.1).
This Chapter is enacted to implement Chanter 4.5 of the SubdiViSi R Map AG -(gal. Gov.
Code Sections 66498.1 et seq.)-. Whenever a provision of this Title 19 requires that a tentative tract map or tentative parcel map be filed, a vesting tentative tract map or tentative parcel map may be filed instead.
19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2).
A. Right to Proceed with Development. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Cal. Gov. Code Section 66474.2 of the S bdi„ici„n Ma . However, if Cal. Gov. Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).
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Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Code or Districting Maps in existence at that time, that inconsistency shall be noted on the vesting tentative map. The City may deny a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Code or Districting Maps to eliminate the inconsistency. If the change in the Zoning Code is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (A) of Section
19.20.020, confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Code or Districting Maps, as approved. The rights conferred by this section shall be subject to the periods of time set forth in Section
19.20.060.
19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6).
19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).
19.20.070 Amendments Tto Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).
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Chapter 19.24
SUBDIVISION DESIGN
Sections:
19.24.010 Streets and Highways.
19.24.020 Access to Arterials.
19.24.030 Sidewalks and Pedestrianways.
19.24.040 Bikeways and Equestrian Trails.
19.24.050 Lot Design.
19.24.060 Coastal Zone Subdivisions.
19.24.070 Landscaping.
19.24.080 Slopes and Grading.
19.24.090 Drainage and Flood Protection.
19.24.100 Subdivision Boundaries.
19.24.110
Energy Conservation (Cal. Gov. Code Section 66473.1).
19.24.120
Design of Other Improvements.
19.24.130
Deviation from Design Standards.
19.24.110 Energy Conservation (Cal. Gov. Code Section 66473.1).
In accordance with Cal. Gov. Code Section 66473.1 of the n Hoar AGt, subdivisions of five for more lots, other than condominium conversions, shall provide for, to the extent feasible, future passive or natural heating or cooling opportunities in the subdivision.
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Chapter 19.28
SUBDIVISION IMPROVEMENTS
Sections:
19.28.010 General Improvement Requirements.
19.28.020 Compliance with City Traffic Ordinances.
19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).
19.28.040 Streets, Highways and Related Improvements.
19.28.050 Street Lighting.
19.28.060 Water Supply.
19.28.070 Sanitary Sewers.
19.28.080 Storm Drains.
19.28.090 Utility Undergrounding.
19.28.100 Walls and Fences.
19.28.110 Other Improvements.
19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
19.28.130 Waiver of Improvement Requirements.
19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).
A. Limitation. In accordance with Cal. Gov. Code Section 66411.1 of the subdOVOSMOR M AG, improvement requirements for parcel maps creating four or fewer lots shall be limited to the dedication of rights -of -way and easements and the construction of off -site and on -site improvements for the parcels being created. Requirements for the construction of such off -site and on -site improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map or by a separate instrument. Such improvement requirements shall be recorded on, concurrently with or prior to the parcel map or instrument of waiver of a parcel map being filed for record.
19.28.060 Water Supply.
Each unit or lot within the subdivision shall be served by a domestic water system approved by the City Engineer. On -site water facilities shall be designed and constructed 24-9 78
in accordance with the latest City -adopted revision of the Newport BeachUniferm Plumbing Code set forth in Chapter 15.08. Fire hydrants and fire flow capacity shall be approved by the Fire Chief. Water facilities and connections shall be in accordance with Title 14Water and Sewers).
19.28.070 Sanitary Sewers.
A. Public Sewer Connection Required. All lots intended for building development shall be connected to a public sewer system. No septic tank or cesspools will be permitted.
Sewer facilities shall be designed and constructed in accordance with City standards, the applicable provisions of Chapter 14.24(SewercEtien, Permits), and the latest revision of the Newport BeachUniferm Plumbing Code set forth in Chapter 15.08. Sewer cleanouts shall be provided to the satisfaction of the City Engineer.
19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).
A. Oversizing. In accordance with Cal. Gov. Code Section 66485 of subdiViSiOR M AG, 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 66487ef the Subdivision Map nc4, 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. 24-979
Chapter 19.32
IMPROVEMENT PLANS
Sections:
19.32.010 Preparation and Submission of Improvement Plans.
19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).
19.32.030 Subdivider's Responsibility.
19.32.010 Preparation and Submission of Improvement Plans.
A. Plan Preparation. Plans, profiles and details for proposed subdivision improvements shall be prepared under the direction of and signed by a civil engineer registered in the State of CaliferRia. 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.
19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code Section 66456.2).
The City Engineer shall review and act upon improvement plans in accordance with the time limits specified in Cal. Gov. Code Section 66456.2 of the subdi„ici„n Ma o.-+. 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.
24-980
Chapter 19.36
COMPLETION OF IMPROVEMENTS
Sections:
19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462).
19.36.020 Acquisition of Land for Off -site Improvements (Cal. Gov. Code Section 66462.5).
19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).
19.36.040 Reduction of Security With Special Assessments (Cal. Gov. Code Section 66499.5).
19.36.050 Inspection and Acceptance of Improvements.
19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).
19.36.070 Forfeiture of Security.
19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462).
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 66462.5efthe gubdiVOGOGR nn AGt.
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 of the SubdiViS;OR Hoar AEt. The amount of security shall include all of the following:
A. Performance Security. One hundred percent of the total estimated improvement construction cost to guarantee the construction or installation of all improvements.
B. Material and Labor Security. An additional amount of between 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. 24-981
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.
19.36.040 Reduction of Security With Special Assessments (Cal. Gov. Code Section 66499.5).
19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).
Security provided in accordance with this chapter shall be released pursuant to the provisions of Cal. Gov. Code Section 66499.7 of the S b di„iSieR Haan n,+ 24-982
Chapter 19.40
GENERAL DEDICATION REQUIREMENTS
Sections:
19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2).
19.40.020 Coastal Access and Open Space Dedications.
19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476).
19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).
19.40.050 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).
19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2).
C. Transit Facilities. The City may require dedication of transit facilities, such as bus turnouts, benches, shelters and similar facilities, for subdivisions identified in Cal. Gov.
Code Section 66475.2 of the Subdivision Ma kc4
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 of the State Publi . Resources Code (California Coastal Act), indicates the location of a public accessway or any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map and offered for dedication to the City. When an accessway, open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or conservation area, whether public or private, shall be identified on the map.
19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).
Acceptance, rejection and termination of offers of dedication shall be in accordance with Cal. Gov. Code Sections 66477.1 through 66477.3 of with SeG+�664,TTet seq. 0 Subdivision Map AGt8Gt00Rs 664 77.1 through 66477.3.
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 of the Subdivision Ma o„+ 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.
1 OR
Chapter 19.48
SCHOOL SITES AND FEES
Sections:
19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).
19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
19.48.030 High School Sites.
19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).
19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).
Pursuant to Cal. Gov. Code Section 65974of the -SubdiVOSOGR M-ap AGt, 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_,O,hapters 4.7 and 4 °ef the GevernmeRt GedeSections 65970-65981 and 65995-65998, respectively. 24-985
Chapter 19.52
PARK DEDICATIONS AND FEES
Sections:
19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).
19.52.020 Applicability (Cal. Gov. Code Section 66477).
19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).
19.52.050 Determination of Land or Fee.
19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).
19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).
19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477).
19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).
19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).
This Chapter is intended to provide for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development. These provisions are in accordance with the Recreation and Open Space Element of the General Plan and with Cal. Gov. Code Section 66477 of the S bdiyisien Map n..+ (known as the Quimby Act).
19.52.020 Applicability (Cal. Gov. Code Section 66477).
19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).
Per figures from the 2000 Federal census and the City's Recreation and Open Space Element, the amount of neighborhood and community park acreage in the City is five and one -tenth (5 1/10) acres per one thousand (1000) population. Per Cal. Gov. Code Section 66477 of Subdivision Haan o ff, the City may use its existing parkland ratio, based on data from the most recent available Federal census, as its park dedication standard for new subdivisions, provided required dedications do not exceed five acres per thousand persons residing within a subdivision. Therefore, the City's park dedication standard shall be five acres per thousand population.
19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).
19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).
19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477).
A. Authority to Grant Credit. The tentative map decision making body may grant credit for private recreational facilities provided within common interest developments, as defined in Cal. Civ. Code Section 41001351 of the Givil Code, against required land dedications or in lieu fees in accordance with the provisions of this Section.
19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).
V- •s
Chapter 19.56
FINAL MAP FILING
Sections:
19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).
19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 66450).
19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447).
19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).
19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)
19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).
C. Form and Content. The form and content of final maps shall be as specified in Cal.
Gov. Code Sections 66433 through 66450 of the S bdiViSi„n Haan n�+, as administered and interpreted by the City Engineer.
19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 = 66450).
19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).
A. Determination of Completeness. Not later than thirty (30) Galendar days after receipt of a final map application, the City Engineer shall determine whether the application is complete and shall immediately transmit the determination in writing to the applicant. If the written determination of completeness is not made within thirty (30) days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this title.
B. Reasons for Incompleteness. If an application is determined to be not complete, the notification to the subdivider shall identify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. Other details regarding determination of completeness of subdivision applications shall be in accordance with Cal. Gov. Code Section 65943 of the Government i`nrlo
19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447).
19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).
Survey and monumentation for final maps shall be carried out in accordance with Cal.
Gov. Code Sections 66434 and 66495 et seq. of +, R ^ Map °^Gand the requirements of City Design Criteria to the satisfaction of the City Engineer. In addition, all surveys shall tie into the Countyef ge's grid system and Geographic Information System monuments.
19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1) 24-989
Chapter 19.60
FINAL MAP REVIEW
Sections:
19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).
19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).
19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 66493, 66494).
19.60.040 Recordation of Final Maps (Cal. Gov. Code Sections 66464, 66493).
19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2).
19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).
19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).
At the time of approval of a final map, the City Council shall accept, accept subject to improvement or reject any offers of dedication at the time of final map approval. The City Clerk shall certify or state on the map the action by the City Council. If an offer of dedication which directly benefits the residents of a subdivision is rejected, the offer shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept the offer of dedication. Other provisions regulating rejection of offers of dedication shall be as set forth in Cal. Gov.
Code Section 66477.2 of the Subdivision Map AGt.
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 66493of e Subdivision Map AGt (SMA). If such taxes or special assessments are allowed to become delinquent, the County shall recover from the security required under Cal. Gov. Code Section 66493 in accordance with the provisions of Cal. Gov. Code Section 66494ef e
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). 24-990
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 66427.1,66452.178, 66452.189).
19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427.1).
19.64.060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).
19.64.070 Standards for Condominium Conversions.
19.64.080 Modification or Waiver of Conversion Standards.
19.64.090 Condominium Conversion Fees.
19.64.100 Exemptions.
19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).
19.64.010 Purpose and Intent.
B. 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 1351 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 43514105, 4125 and 4190 of the Civil Code, differ from rental units with respect to design, type of construction and maintenance controls, and 24-991
therefore that the development standards in this chapter are necessary for the protection of the community, existing rental tenants and the purchasers of the converted units.
19.64.020 Definitions.
A. Condominium, Community Apartments and Stock Cooperatives. The term "condominium" shall encompass condominium projects, community apartment projects and stock cooperatives, as defined in Cal. Civ. Code Sections 4105, 4125 and 41901351 of the California Civil Code.
19.64.030 General Requirements.
A. Where Permitted. If approved under the provisions of this chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in which residential uses are permitted, including planned communities, except within the R-1314-.5 District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted.
19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.178, 66452.18-9).
A. Existing Tenants. At least sixty (60) days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Cal. Gov Code -Section 66452.189 of the 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 66452.178 of the Subdivision Map AGt 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 66452.178 of the SMA.
19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427.1).
The property owner shall provide tenants with an exclusive right to purchase his or her respective unit upon the same or more favorable terms and conditions than those on which such unit will be initially offered to the general public. Such right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report pursuant to Cal. Bus. & Prof. Code Section 11018.2 of the Business and Prefessmenc Code unless the tenant gives prior written notice of his or her intention not r-�vrc�.�r�-r�--vvcr�
to exercise the right.
19.64.060 Review Procedures (Cal. Gov. Code Sections 66427.1, 66427.2). 24-992
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 of the Subdivision Ma fin+ C. Council Findings for Residential Conversions. For residential conversions, no final map for a condominium conversion shall be approved unless the City Council makes all of the findings set forth in Cal. Gov. Code Section 66427.1 of the Hoar nr+ regarding tenant notification, right to purchase and other requirements.
19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).
In addition to the provisions in this chapter regarding condominium conversions, the City may, in connection with the approval of a tentative or final map for a new residential condominium project requiring approval of a tentative or final map pursuant to this Code, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing for a period of not less than ten (10) years from the date a certificate of occupancy has been issued for the units within the development subject to the provisions of Cal. Gov. Code Section 66452.50 of the Subd'VOS'E)R Map Ac4.
24-993
Chapter 19.68
MERGER OF CONTIGUOUS LOTS
19.68.010 Purpose and Intent.
The provisions of this chapter are intended to provide for the merger of parcels as authorized by Cal. Gov. Code Section 66499.20.34 of the Government Code. These provisions are intended to be consistent with the State Subdivision Map Act and shall be so construed.
19.68.020 Exemptions.
B. Lots in R-1314-.5 District. On any site of less than five thousand (5,000) square feet which existed prior to March 10, 1976, a two-family dwelling may be constructed; provided, that there shall be not less than one thousand (1,000) square feet of land area for each family unit.
24-994
Chapter 19.72
REVERSIONS TO ACREAGE
Sections:
19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).
19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).
19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).
19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).
19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18 et seq.).
19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).
19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).
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 of the Subdi„iSi„n Ma Afiling fee may be required as established by resolution of the City Council.
19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).
The City Council shall review reversions to acreage at a noticed public hearing. In approving a reversion to acreage, the Council shall make all findings set forth in Cal. Gov.
Code Section 66499.16 of the S bdiViciGR Map oc+
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 of the Subdi„isi„n Ma o,.+
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. of the S bdiyisinn Map n�
24-995
Chapter 19.80
CERTIFICATES OF COMPLIANCE
Sections:
19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).
19.80.010 Description (Cal. Gov. Code Section 66499.35).
19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).
The Community Development Director shall process certificates of compliance in accordance with the provisions of Cal. Gov. Code Section 66499.35ofthe -SubdiViSiOR Map AG.
24-996
Chapter 19.90
PARCEL MAPS FOR URBAN LOT SPLITS
19.90.010 Purpose and Scope.
This chapter serves to implement Cal. Gov.ernrnenn Code Section 66411.7 to provide an owner an alternative method to subdivide a lot for residential development. For purposes of this chapter, "urban lot split" means the subdivision of an existing legal lot to create one additional lot in R-A and R-1 zoning districts or areas designated for single -unit residential within a planned community development plan or specific single-family residential use zone.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
B. Application Fee. The application shall be accompanied by the required application fee(s), as established by resolution of the City Council. Such fees shall be in accordance with Cal. Gov. Code Section 66451.2 of the Subd."ici„n noon a,.+ and shall not exceed the amount reasonably required to administer provisions of this title.
D. Supplemental Information. In addition to the items identified in subsection (C) of this section, the following supplemental information shall be submitted with a tentative parcel map application to establish compliance with the construction plans and all provisions of this Code and applicable state law:
2. iii A lot or lots on which an owner of residential real property has exercised the owner's rights Cal. Gov. Code Section 7060 et seg. Chapter 12.75 (GGmrneR"incrRg with SeGtien TOW of Di„isien 7 of Title 1 of thee Gevernment Cede —to withdraw accommodations from rent or lease within fifteen (15) years prior to the date that the development proponent submits an application;
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), in nnragraph (2) of sub diVOSO On (d) of Goyer�on+�oeEt+en 65589—.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
24-997
Title 20
PLANNING AND ZONING*
Chapters:
Part 1. Zoning Code Applicability
20.10 Purpose and Applicability of the Zoning Code
20.12 Interpretation of Zoning Code Provisions
20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses, and Zoning District Standards
20.16 Development and Land Use Approval Requirements
20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)
20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV- LV)
20.22 Mixed -Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV/15th St., MU- W1, MU-W2)
20.24 Industrial Zoning District (IG)
20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)
20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards
20.30 Property Development Standards
20.32 Density Bonus
20.34Conversion or Derno Ttmon of Affordable Housing
Tg
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
20.50 Permit Application Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementation, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administration
20.60 Administrative Responsibility
20.62 Public Hearings
20.64 Appeals
20.66 Amendments
20.68 Enforcement
Part 7. Definitions
20.70 Definitions
Part 8. Maps
20.80 Maps
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE
20.10.050 Responsibility for Administration.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to as the "Council"; the Planning Commission, hereafter referred to as the "Commission"; the Planning Dire„torCommunity Development Director, hereafter referred to as the "Director"; the Zoning Administrator; and the Community Development RlaRRHRg Department, hereafter referred to as the "Department," and any other City official or body as specifically identified.
24-1000
Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residential Zoning Districts General Development Standards.
Table 2-2
Bluff edge As provided in Section 20.28.040 (Bluff (B) Overlay District). See also setback Section 21.28.040
24-1001
Chapter 20.20
COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
Table 2-4
Take -Out Service —Fast -Casual (up to
20 seats) M(2)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.
Alcohol Sales (off -sale) (with late hours)
CUP
CUP
CUP
CUP
Section
20.48.030
M
_(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 rii¢trirt
b. Except as provided in (2)(a), aA minor use permit shall be required for any use located within five hundred (500) feet, prepe r-+„ IiRe to preper-ty Ii ;e, _of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Table 2-5
Take -Out Service —Fast-
Casual (up to 20 seats) La(2)
P/MUP
P/MUP P/MUP
P/MUP
P/MUP
P/MUP
Section
20.48.090
Alcohol Sales (off -sale) (witl,
SUP
CUP
CUP
CUP
Section
20.48.030
late hours) (1)
(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), Aa minor use permit shall be required for any use located within five hundred (500) feet, propel I' e t+ec preperty "Re, _of any residential zoning district.
cb. A minor use permit shall be required for any use that maintains late hours. 24-1002
Chapter 20.22
MIXED -USE ZONING DISTRICTS (MU-V, MU-DW, ,MU-CV/15T" ST., MU-W1, MU-W2)
20.22.020 Mixed -Use Zoning Districts Land Uses and Permit Requirements.
Table 2-8
Take -Out Service —Fast -Casual (up to
20 seats) (4) (5)
P/MUP
P/MUP
P/MUP
P/MUP
Section 20.48.090
Alcohol Sales (off -sale) (with late
CUP
CUP
Cup
Section 20.48.030
hours) (4
(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 Hi0rirt
b. Except as provided in (5)(a), aA minor use permit shall be required for any use located within five hundred (500) feet, prepe rty lino t„ property IiRe, of any residential zoning district.
cb. A minor use permit shall be required for any use that maintains late hours.
Table 2-9
Take -Out Service —Fast -Casual (up to 20 seats) (3)(4) P/MUP P/MUP Section 20.48.090 (4) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning rlictrirt
b. Except as provided in 4(a), Aa minor use permit shall be required for any use located within five hundred (500) feet, property IiRe t„ property ';no, of any residential zoning district.
cb. A minor use permit shall be required for any use that maintains late hours. 24-1003
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, H)
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
B 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the Cal.if,� Gov.eFRFneRt Code.
20.28.040 Bluff (B) Overlay District.
D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibits adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibits B-1 through R_Q attaGhed to the erdiRaRGe Gedifie d OR this tot ) All contour lines refer to NAVD_88 contours.
la. 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. b4. Development Area C. All portions of the lot not located in Area A. 2b. 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.
64. Development Area C. Between the down slope boundary of Area A and a development line established at the twenty-six (26) foot contour line. div. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400) square feet (cumulative) in area shall be allowed in Area B.
24-1004
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24-1009
Chapter 20.30
PROPERTY DEVELOPMENT STANDARDS
20.30.120 Solid Waste and Recyclable Materials Storage.
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.4G Resources Code Section 42900) and Chapter 6.04 and Chapter 6.06.
24-1010
Chapter 20.32
DENSITY BONUS
20.32.020 Definitions.
L. "Lower -income student" means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed.UGatiee Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower -income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
O. "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility to claim a welfare exemption under Cal. Rev. & Tax. Code s b diVicieR (n�of Section 214 (G) of the Revenue and Taxation C04 .
20.32.030 Eligibility for Density Bonus and Incentives.
A 8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12r'i"! Cede SeEtieRs51.Tan�'�2, that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Cal. Civ. Code Section 798.76 or 799.5Sivil Code SeGtiGn 798.76 er 799
20.32.050 Allowed Density Bonuses.
C 4. Priority for the affordable units shall be given to lower -income students experiencing homelessness. A homeless service provider, as defined i��n��. Cal. Health & Saf. Code paragraph (3) of of bdiVioieR (e) of the Section 103577(3)(e) of Health -arnrd--Safetccy Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection.
20.32.060 Parking Requirements in Density Bonus Projects.
B 3 b. The housing development is a for -rent housing development for individuals who are sixty-two (62) years of age or older that meet the definition in Cal. Civ. Code Sections
51.2 and 51.3_ of the Civil Cede and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eighth times per day; or
24-1011
B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf. Code Section 51312ofthe THealth�� Safety or supportive housing development as defined in Cal. Health & Saf. Code Section 50675.14 of the Health and cafe, and the housing development has either paratransit service or unobstructed access' within one-half mile of a fixed bus route that operates at least eighth times per day.
20.32.130 Continued Availability.
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 &aPA Saf.ety Code Section 50053; and
2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as defined in Cal. Health &and Saf.ety Code Section 50052.5.
20.32.140 Occupancy and Resale of Ownership Units.
A 1. The unit is initially occupied by a very low-, low-, or moderate -income household, offered at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5ofthe Health and Safety ode, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3) and has received a welfare exemption under Cal. Revenue and & Tax_atmea Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no -interest loan program; B 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Cal. Health & and -Safety 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.
24-1012
CONVERSION
OR DEMOLITION OF AFFORDABLE HOUSING
Ce,++ionc-
20.3 nil n Pur„ose
h
20.44n2n Applicability.
Et.34.•--030 Exemptions.
7ncv�40 RevnLi�,vAuthority.
lief cement
20.34.050
20.3 .n0vatermininRequirements
20.34.070 Feasibility A„al.,s
20.34.080 A,,IrI•li„istratio„
20.34 0An Findings to Conclude
of Affordable Housing.
for ReplaGeen� Units.
s.
and Feasibility Analysis Fees.
that Replacement of Units is Not Feasible.
20.34.100 Affordable Housing
20.3 non Purpose.
The n, irnese of this nhanter
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or moderate ORGOme ("affordable
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50093 when either of the follo�eiinn
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nnn� mc•
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more stFUGtUres• or
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URitS
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The orGVisinns of this nhanter
shall not apply to the fellio
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24-1017
Chapter 20.42
SIGN STANDARDS
20.42.030 General Provisions.
F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted.
The City adopts this policy in compliance with Galif„r„ia GevernmenfCal. Gov. Code Section 65850 and Cal.+feaa+a Bus. iness and& Prof.eSSOeRS Code Sections 5354(a) and 5408.3 {beth e#er--tive-Janua 2893). 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.' tisd & Prof.ec�S Code Section 5412.
24-1018
Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
20.48.030 Alcohol Sales.
C 2 b ii. A pattern of documented violations of the permit conditions, this Zoning Code, the Mun;Giiaa this Code, the Cal. Pen.al Code, or other State statutes; or
20.48.060 Bed and Breakfast Inns.
A 3. Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with Cal. Bus.iness &a-nd Prof.ec�e Code Section 24045.12, a bed and breakfast inn may sell alcohol to registered guests only; provided, that the establishment has an approved ABC License Type 80 (Special On -Sale General B and B license).
20.48.090 Eating and Drinking Establishments.
G 2 b i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Cal. Pen.al Code, or other State statutes; or
20.48.100 Emergency Shelters.
This section provides standards for the establishment and operation of emergency shelters in compliance with Cal. Gov.erRmeRn Code Section 65583.
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Cal. Gov_ernmen Code Sections 65852.2 and 65852.22, or any SUGGeSS^r s+a+„+o, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
B 4. Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Cal. Health &and Safety Code Section 17980.12.
F 3 c iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi -unit dwelling that is located within one -half -mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Sectien 21155 of the Cal. PubAG 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 24-1019
roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with GafiferRia Cal. GGVernmon+ 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.
20.48.205 SIB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts.
This section provides regulations for the creation of SIB 9 housing developments and urban lot splits as required pursuant to GafifGFRia—Cal. Gov_eFRMeRt Code Sections 65852.21 and 66411.7, or aRY SUGGeSSOF Sta . This section shall sunset automatically without action of the City in the event CalifeFR+a—Cal. Gov.eFRMeRf Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.
B 3 c. Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act (Cal. Gov.Gever^mon+ Code Sections 7060 through 7060.7) to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.
B 3 d. Historic Resource. The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in SeGtOGn 5020.1 l,f the G,afifernia-Cal. Pub.4G Resources Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
B 3 e. Environmental Resource or Hazard. As specified in more detail in subparagraphs (B) to l�rL� c�_of paragraph (6) of s bdiVicinn (a) of Cal. Gov.eFRrnneRt Code Section 65913.4, the development is located on a lot that is any of the following:
B 4 b i. One-half mile walking distance of a high -quality transit corridor, as defined in subdiyisien (b) Of SeGtien 21155 of the Cal. Pub.4G Resources Code Section 21155, B 4 b ii. One-half mile walking distance of a major transit stop, as defined in Sectiee 210�Tthe Cal. Pub.4G Resources Code Section 21064.3; or B 4 m. Findings for Denial of an SIB 9 Housing Development. Notwithstanding the foregoing, the City may deny an application for an SIB 9 housing development if the Director makes written finding(s), based upon a preponderance of the evidence, that the development would have a specific, adverse impact, as defined and determined in paragraph (2) of s bdi.acinr, (d) of Cal. Goy.GeVeFnmon+ 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. 24-1020
B 5 g. Owner -Occupancy. The owner of the lot proposed for an urban lot split shall comply with the requirements provided herein and sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the final, recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in Glauso (ii` of subparagraph (G) of paragraph (11) of subdivision (a) of Conn 402.1 of fho Cal. Rev.enue &and Tax.af+en Code Section 402.1 (a)(11)(C)(iq, or is a qualified nonprofit corporation as described in con+ion 214.15 of the -Cal. Rev.eRLIe &aim Tax.atiGR Code Section 214.15.
20.48.230 Tattoo Establishments.
B 3. Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beanh nay �ninipal Gothis Code. 24-1021
Chapter 20.49
WIRELESS TELECOMMUNICATIONS FACILITIES
20.49.020 Effect of Chapter.
B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to installation or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Section 20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment permit, if required) for any telecom facility approved to be located on any City -owned property or City -held trust property, shall enter into an agreement prepared and executed by the City Manager or his er her deSig„ee prior to installation of the facility, consistent with Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property).
E 2. Requirements established by any other provision of thise MuRiGipalCode and by any other ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any conditions of approval in effect at the time the facility was approved, and any regulations pertaining to legal, nonconforming uses or structures that may be applicable pursuant to provisions of toe Mu this Code or federal and State laws as they may be amended or enacted, in the future.
20.49.030 Definitions.
S. Wireless Tower. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC.
A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, street light, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to CaliferRia-Cal. Pub.4G Util.ity Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior - existing streetlight standard which is replaced with a new street light standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement street light standard.
20.49.050 General Development and Design Standards.
24-1022
F. 3 b New or replacement vertical structures may be allowed when authorized by the MuniGipalthis 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 t4ethe area.
F. 6 b i Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of thise MURiGipal—Code. Flush -to -grade underground vault enclosures, including flush -to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view may be incorporated.
Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by the MUROGnpa4this Code.
J. 2 All graffiti on any components of the telecom facility shall be removed promptly in accordance with thise ""b iaTCode.
20.49.060 Permit Review Procedures.
B. Installations in the Public Right -of -Way. All telecom facilities proposed to be located in the public right-of-way shall comply with the provisions of the MuniGi 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 er his or her deSigRee.
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and consistent with Gati#ernia—Cal. Gov.ernmenn Code Section 65850.6{as amended er s persede ) 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_ernme^t Code Section 65850.6 and Section 20.49.090, the facility shall be reviewed pursuant the review procedures provided in Table 4-1.
F. Emergency Communications Review. At the time an application is submitted to the Community Development Department, a copy of the plans, map, and emission standards shall be sent to the Police Chief of Newport PeliGe Department. The P0Iiee Departmori+Police Chief ^r its designee 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 24-1023
communications devices, the applicant shall work with the Police Department to avoid interference.
20.49.080 Agreement for Use of City -Owned or City -Held Trust Property.
In applying for a permit pursuant to this chapter, all telecom facilities located on City - owned or City -held trust property shall require a license agreement approved as to form by the City Attorney, and as to substance (including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager, consistent with provisions of the M niGipa this Code and any applicable provisions of the City Council Policy Manual.
24-1024
Chapter 20.50
PERMIT APPLICATION FILING AND PROCESSING
20.50.030 Multiple Permit Applications
Table 5-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Zoning Code.
TABLE 5-1
REVIEW AUTHORITY
Reasonable
Section
Decision
Appeal
Appeal
Accommodations
20.52.070
Chapter 20.52
PERMIT REVIEW PROCEDURES
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with Cal. Gov.erRmeRn Code Section 65915 et seq. and Chapter
20.32. 20.52.040 Limited Term Permits.
G. 5 The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the MuniGipa4this Code, and other City regulations.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of thise MuniGipal Code and the successful granting of all required permits from any other department or governing agency; and
24-1025
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
Planning DireGt0 Community Development Director.
20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Rg DiFeGterCommunity Development Director in the administration of this Zoning Code.
20.60.020 City Council.
B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan and thise Munie+pal Code standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.030 Planning Commission.
B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and thise nn" l-Code, including the following:
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan and thise nn„ Code standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.040 Hearing Officer.
C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan and thise nnul-Code's standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.050 Zoning Administrator.
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B. 1 The Zoning Administrator shall have the authority to investigate and make decisions on the applications identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and thise nn„Code as well as the following:
C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan and thise MuniGipalCode's standards that apply to development and to further the public health, safety, and general welfare of the community.
20.60.060 Planning Directo Community Development Director. 24-1027
Chapter 20.64
APPEALS
20.64.030 Filing and Processing of Appeals and Calls for Review.
B. 1 Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the MuniGipal this Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
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Chapter 20.70
DEFINITIONS
20.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of the M ,ni^ipa 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.
20.70.020 Definitions of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see California Cal. Health &ate Saf.ety Code Section 50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cafifemia—Cal.
Health ate& Saf.efy Code Section 50053.
"Alcohol sales, off -sale, accessory only (land use)" means an establishment that has all of the following characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off -sale beer and wine —package store) or License Type 21 (off -sale general — package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples include e rnaFkets drug stores, grocery stores, and supermarkets, but do not include convenience markets.
�. . �.i:�:Er_rsl.�e�rr
■T:.r.�r�tn:rE
WIN
RM.
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Animal -Keeping (Land Use).
3. "Animal, wild" means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR California Cal Code Gf 24-1029
Rego Title -14 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 OlifGFRi0 rode of C?�RG TiTi+�si
CCR Section 6932 (or i+c S ^^i occor t--voinr1� I
"California Environmental Quality Act (CEQA)" means a State law (California Cal. Pub_.4G Resources Code Section 21000 et seq.).
"Condominium" means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in GalifGFRia Cal. Civ. Code Section 1351.
"Demolition" means:
,
Safety Code Section 17000 et seq. eF URder this ZeRing Code er the MuRiGipal Gode.
2. For the purposes ^f all other eEt+ens of this Zeni^^ Code, _he deliberate removal or destruction of the frame or foundation of a portion of a structure. "Director" means the City of Newport Beach PlaR ORg DireGte Community Development Director or a duly designated representative of the Director, referred to as the "Director." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in See+n1 958.1 ef the -Cal. Health &arid Safety Code Section 17958.1 or any ci iGGesser state +o
2. A manufactured home, as defined in co^+ion 18007 of the Cal. Health &a-nd Safety Code Section 18007, or �„^^o^^or ^+�.
"Emergency shelter (land use)" means, as defined in Cal. Health &arid Safety Code Section 50801(e), a facility with minimal supportive services for homeless persons. "Explosives" means a substance defined as an explosive by Cal. Health ate& Safety Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health arad& Safety Code. See also "Hazardous materials."
"Final map" means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, 24-1030
Chapter 3 (Cal. Gov.ernrnenn Code Section 66410 et seq.), that is used to complete the subdivision of five for more lots. See also "Parcel map" and "Tentative map." "General Plan" means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov.ernment Code Section 65300 et seq., and referred to in this Zoning Code as the "General Plan." "Lot line adjustment" means, as provided in the Subdivision Map Act (Cal. Gov.ernme;t 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. "Municipal Code" means the Newport Beach Municipal Code of the City of Newport Beach, as amended.
"Parcel map" means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov.erRmeRR Code Section 66410 et seq.), which is required to complete a subdivision of four for fewer lots. See also "Final map" and "Tentative map." Parolee -Probationer. A parolee -probationer includes: (a) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal. Pen.a4 Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (c) an adult 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. "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 California Section 13577). See "Submerged lands" and "Tidelands."
"SB 9 housing development (land use)" means a residential development that contains two new dwelling units or proposes to add one new dwelling unit on a lot designated for single-family residential use with one existing dwelling unit, pursuant to CafiferRia Governmo^+Cal. Gov. Code Section 65852.21 er one, SUGGesser stab o "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty- 24-1031
five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.4 Code Section 51.3(b)(4).
"Specific plan" means, under Cal. Gov.8FRMeRR Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s). "Subdivision Map Act" means Division 2, Title 7 of the California (-eyerRrnen+Cal. Gov.
Code, commencing with Section 66410, as amended, regarding the subdivision of real property.
"Submerged lands" means lands that lie below the line of mean low tide (freR4--14 Galifnrnio Cal Code of Ro i latiE)RG B c.,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 SeGtOOR 53260(d) ef the Califernio Cal. Health &and Safety Code Section 53260(d), and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single-, two-, or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this code.
"Tentative map" means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov.er��t 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 frem Galif9FRia Cal Code of Re ilatieRS Re c.CCR Section 13577). See "Public trust lands."
"Urban lot splits (land use)" means the subdivision of an existing, legally subdivided lot intended for single-family residential use to create one new additional lot, pursuant to Gal+fernia-Cal. Gover„mon+ Gov. Code Section 66411.7 or any sUGGessor state o Visitor Accommodations (Land Use).