Newport Beach City Council
November 28, 2023

design or methods of construction authorized in Sections 1.8.7.2 and [A] 104.11 of the California Building Code.

3. Anchorage or Anchorage Area. The terms "anchorage" and "anchorage area" shall mean any portion of Newport Harbor which has been designated pursuant to law and approved by the Federal government for the temporary anchorage of vessels, using the vessel's own anchoring tackle.

4. Applicant. The term "applicant" shall mean a person applying for a permit under this title.

5. Approval in Concept. The term "approval in concept" shall mean a conceptual approval issued by the City prior to the application to the Coastal Commission, Army Corps of Engineers or other regulatory agency for development in areas where the regulatory agency retains jurisdiction, which indicates the proposed development conforms in concept to this Code and the design criteria.

6. Assigned Vessel. The term "assigned vessel" shall mean a vessel lawfully owned and registered or documented to a permittee to occupy a designated mooring or berthing location in Newport Harbor.

B. Definitions: B.

1. Back Bay. See Upper Newport Bay.

2. Bareboat Charter. The term "bareboat charter" shall mean any vessel not inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration.

3. Beach. The term "beach" shall mean the expanse of sand, gravel, cobble or other unconsolidated material that extends landward from the low water line to the place where there is distinguishable change in physiographic form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line.

4. Beam. The term "beam" shall mean the width of a vessel. Vessel beams are generally critical at two locations of the boat, at the water line where the boat directly interfaces the dock, and the walking deck. For the purpose of compliance with any measurement requirements, the beam shall be interpreted as the widest point of the vessel which includes all vessel attachments including but not limited to boarding steps, rub rails and fixed fenders.
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5. Berth. The term "berth" shall mean any location such as a floating dock, slip, side tie, mooring and the related area (berthing area or space) adjacent to or around it, allocated to tie up and/or store a boat.

6. Breakwater. The term "breakwater" shall mean a structure or barrier protecting a shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or riprap (rock wall) structure.

7. Bulkhead or Seawall. The term "bulkhead" or "seawall" shall mean the retaining wall that separates dry land areas and water areas.

8. Bulkhead Line. The term "bulkhead line" shall mean the harbor land/water perimeter lines established in Newport Harbor by the federal government which define the permitted limit of filling or solid structures that may be constructed in Newport Harbor. The establishment of bulkhead lines does not necessarily allow the property owner to build to the limits of the bulkhead line due to potential environmental considerations established by the State of California and/or the federal government.

9. Business or Business Activity. The terms "business" and "business activity" shall mean all activities, whether the activity is nonprofit or for profit, engaged in for gain, benefit, advantage or livelihood to any person, directly or indirectly, including, but not limited to, any profession, trade, occupation, employment or calling engaged in trade, commerce, the exchange of goods, services, or property of any kind, transportation of persons as well as goods, communication, renting or leasing real or personal property or that provides any service.

C. Definitions: C.

1. Caulerpa. The term "Caulerpa" shall mean an invasive Mediterranean seaweed (Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to cause severe ecological damage to coastal and nearshore waters.

2. Certified Charter. The term "certified charter" shall mean any vessel inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration.

3. Channel. The term "channel" shall mean a water area in Newport Harbor designated for vessel navigation with necessary width and depth requirements, and which may be marked or otherwise designated on Federal navigation charts, City navigation charts or maps, or other sources.
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4. Chartered for Consideration. The term "chartered for consideration" shall mean any vessel which has been hired or leased by the owner, directly or through an authorized representative, to any person for a voyage in exchange for the payment of money, the receipt of something of value, or the forgiveness of a debt.

5. Chum. The term "chum" shall mean to place in the water fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.

6. City Tide and Submerged Land. The term "City tide and submerged land" shall mean that area within Newport Harbor granted to the City by the State of California.

7. Coastal Access. The term "coastal access" shall mean the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails.

8. Coastal Commission. The term "Coastal Commission" shall mean the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act including review of coastal permits on appeal from local agencies.

9. Coastal -Dependent Development or Use. The terms "coastakdependent development" or "coastal Aependent use" shall mean any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from Cal. Pub.

Resources Code, Section 30101).

10. Commercial. The term "commercial' shall mean any business activity whether the business activity is nonprofit or for profit. Commercial activities shall include, but are not limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity.

11. Commercial Fishing Vessel. The term "commercial fishing vessel' shall mean a vessel registered by the Department of Fish and Wildlife pursuant to the Cal. Fish & Gam. Code Section 7880 et seq., when operating under the authority of a fish and game permit or license.

12. Current. The term "current" as applied to the flow of water shall mean a flow of water in a particular direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy.

D. Definitions: D.
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1. Dead Load. The term "dead load" shall mean the weight of all construction materials and equipment that may be permanently attached to a dock.

2. Design Criteria. The term "design criteria" refers to "Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities" adopted by the City and as amended from time to time, as minimum standards for design whenever harbor permits are required. The City may require additional requirements, based on the specific details of a particular application and project.

3. Dinghy or Tender. The term "dinghy" or "tender" shall mean a vessel no longer than fourteen (14) feet in overall length.

4. Dock. The term "dock" shall mean a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water.

6. Dolphin. The term "dolphin" shall mean a multi -pile structure that is used for mooring large boats that generally cannot be accommodated by floating docks.

6. Dry (Boat) Storage. The terms "dry storage" or "dry boat storage" shall mean all on -land storage of vessels, including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means.

E. Definitions: E.

1. Eelgrass. The term "eelgrass" shall mean a marine flowering plant (Zostera marina) that is found primarily in coastal bays and estuaries on soft substrate.

2. Encroachment. The term "encroachment" shall mean the extension of a building, structure or other improvement, or part thereof, on the property or domain of another.

3. End Tie. The term "end tie" shall mean berths located on the outermost end of a floating dock structure where the dock is alongside only one side of the boat. The boats associated with an end tie may be situated beyond the pierhead line along a channel.

4. Erosion. The term "erosion" shall mean the wearing away of land by natural forces. On a beach, erosion is the carrying away of beach material by wave action, currents or wind.
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5. Estuary. The term "estuary" shall mean the region near a creek or river mouth in which the fresh water of the river mixes with the salt water of the sea.

F. Definitions: F.

1. Fairway. The term "fairway" shall mean an area of water adjacent to slips or mooring buoy locations that feed into a channel, and which is used for direct access to slips or moorings. When associated with slips, the fairway is defined as lying between the outer end of a line of fingers and the nearest obstruction on the opposing side (i.e., other slips, bulkhead, vessels on side ties, etc.). When associated with a mooring area, the fairway is defined as lying between the outer ends of the mooring buoy on either side of the fairway as delineated by Council policy.

2. Federal Channel. The term "Federal channel' shall mean that area of the Lower Newport Bay described by the Army Corps of Engineers, Chief of Engineer to Congress on November 11, 1936, as recorded in the First Session of the Seventy -Fifth Congress in 1937.

3. Finger. The term "finger" shall mean a portion of a floating dock section that is perpendicular or at an angle to the walkways and is used for tying up and boarding vessels.

4. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems, the term "freeboard" shall mean the distance between the water surface and the walking surface of the dock system.
b. Vessel Freeboard. For the purposes of vessels, the term "freeboard" shall mean the vertical distance between the water line and the top of the gunwale.

5. Functional Capacity. In terms of wetlands and estuaries, the term "functional capacity" shall mean the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity.

G. Definitions: G.

1. Gangway. The term "gangway" shall mean a structure that provides pedestrian access from land to the floating docks. One end is generally attached to the bulkhead, fixed pier or landside with a hinge, and the other end rolls on gangway wheels or slide plates, which rest directly on the dock surface. The word "brow" is synonymous with "gangway."
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2. Graywater. The term "graywater" shall mean all water and other fluids used on a vessel for any purpose whatsoever, including but not limited to, washing or cleaning clothing, linens, towel, bedding or other linens; washing or cleaning cooking equipment, eating utensils, or serving ware; bathing, showering or cleansing; and/or washing and/or cleaning all or any portion of the interior of a vessel, including but not limited to, heads, kitchens, engine rooms, floors, windows, furniture, equipment or other portions of the interior of the vessel.

3. Groin. The term "groin" shall mean a shoreline protection structure built, usually perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters is intended to trap and retain and/or reduce the erosion of sand and retard the general erosion of the shoreline and undermining of shore protection structures (bulkheads, riprap slopes, etc.).

4. Groin System or Groin Field. The term "groin system" or "groin field" shall mean a series of groins acting together to protect a section of beach or shoreline.

H. Definitions: H.

1. Habitat. The term "habitat" shall mean the locality, including the physical and biological environment, in which a plant or animal lives.

2. Harbor Lines. The term "harbor lines" shall mean all established bulkhead, pierhead, and project lines as defined within Newport Harbor by the federal, State, County and City. The harbor lines in Lower Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of Congress.

3. Harbor Maintenance Uses, Equipment and Facilities. The terms "harbor maintenance uses, equipment and facilities" shall mean all uses and their related equipment, vessels, docking, and land storage facilities and access which provide:
dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads, and other in- and over -water structures; mooring maintenance and repair; and/or waterborne debris and pollution control, collection, and removal. This category also includes environmental, survey, or scientific vessels and related equipment based, or on assignment, in Newport Harbor.

4. Harbor Structures. The term "harbor structures" refers to any pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or any other structure excluding moorings or watercraft in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City. 6-375

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5. Headwalk. The term "headwalk" shall mean that portion of a dock that serves as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are generally parallel to the bulkhead.

6. Houseboat. The term "houseboat" shall mean any vessel or harbor structure, floating or non -floating, which is designed or fitted out as a place of habitation and is not principally used for transportation.

7. Human -Powered Vessel. The term "human -powered vessel' shall mean a vessel that is being propelled by the human body through the use of oars, paddles, or the like and without the use of wind, a motor, or other machinery.

Definitions: L.

1. Launching Facility. The term "launching facility" shall mean a generic term referring to any location, structure (ramps, docks), and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into and retrieved from the harbor waters.

2. Licensee(s). The term "licensee(s)" shall mean the person(s) who holds a validly issued short-term mooring license pursuant to Section 17.60.045.

3. Live -Aboard. The term "live -aboard" shall mean the use or occupancy of a vessel for human habitation (a) while at its mooring for a period exceeding seventy-two (72) hours in any thirty (30) day consecutive period; or (b) at its dock or berth in a commercial marina for a period exceeding one hundred eighty (180) days or more, in any three hundred sixty-five (365) day period.

4. Live Bait and/or Sea Life Receiver. The term "live bait" or "sea life receiver" shall mean an object for confining live bait or sea life such as those receivers fostering growth of sea life under the water, which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter

17.50. 5. Live Load. The term "live load" refers to the weight of all temporary loads such as pedestrians and berthing loads.

6. Local Coastal Program (LCP). The term "Local Coastal Program" or "LCP" shall mean Title 21 and the City of Newport Beach Coastal Land Use Plan adopted by the 6-376

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City and certified by the Coastal Commission in order to implement the provisions and policies of the Coastal Act at the local level.

7. Longshore. The term "longshore" shall mean parallel to and near the shoreline.

8. Lower Newport Bay. The term "Lower Newport Bay" shall mean the area of Newport Bay south of the centerline of Coast Highway.

J. Definitions: M.

1. Maintenance Construction. The term "maintenance construction" shall mean the reconstruction or replacement within the existing footprint of twenty (20) percent, or less, of the total replacement value of an existing pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure, as well as other criteria as stated in subsequent sections of this title. Construction estimates and the total value of work on any given project is based on predetermined values of various work on record with and established by the Building Official.

2. Mainwalk. The term "mainwalk" shall mean that portion of a dock that serves as a primary pedestrian access to fingers and slips. Fingers are generally attached directly to mainwalks. Mainwalks are generally perpendicular to the bulkhead and headwalk, and may connect directly to a headwalk.

3. Marina. The term "marina" shall mean a commercial berthing facility (other than moorings, anchorage or noncommercial pier) in which five (5) or more vessels are wet - stored (in water) and/or dry -stored (on land/racks) for more than thirty (30) days.

4. Marine Activity Permittee. The term "marine activity permittee" shall mean any person, or persons, partnership, corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 1710.

5. Mean Lower Low Water (MLLW). The term "mean lower low water" or "MLLW" shall mean the nineteen (19) year average of the lower low water heights. MLLW is the datum used to define elevations of structures within the bay, along the coastline, and for navigation.

6. Mono Pile. The term "mono pile" shall mean a normally large diameter pile that is used for mooring large boats that generally cannot be accommodated by floating docks. Generally, mono piles and dolphin piles are used for similar purposes.

7. Mooring. The term "mooring" shall mean a device consisting of a floating buoy or other object that is secured to the harbor bottom by an anchor system for purposes of 6-377

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securing a vessel and includes any apparatus used to secure a vessel in Newport Harbor which is not carried aboard such vessel as regular equipment when under way.

8. Mooring Area. The term "mooring area" shall mean an area designated for a group of moorings.

9. Motorboat. The term "motorboat" shall mean any vessel being propelled by machinery.
10, Mudline. The term "mudline" shall mean the highest elevation of accumulated sediments.

11. Multiple Vessel Mooring System. The term "multiple vessel mooring system" shall mean a floating platform secured to a single or double anchor mooring system which allows multiple vessels to be secured.

K. Definitions: N.

1. New Construction. The term "new construction" shall mean: the erection or construction of a new pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure; or the improvement, conversion, extension, reconstruction or replacement of more than twenty (20) percent of the replacement value of an existing pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure.

Construction estimates and the total value of work on any given project is based on pre- determined values of various work on record and established by the Building Official.

2. Newport Bay. The term "Newport Bay" shall mean the estuary consisting of the Lower Newport Bay and the Upper Newport Bay.

3. Newport Harbor. The term "Newport Harbor" shall mean the water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve.

4. Nonprofit Organization. The term "nonprofit organization" shall mean an entity that registers with the Internal Revenue Service or the State Franchise Tax Board as tax exempt and, as a result, designated as tax exempt by the Internal Revenue Service or the State Franchise Tax Board.

L. Definitions:0.

1. Offshore Mooring. The term "offshore mooring" shall mean a mooring that is located bayward of the pierhead line and is comprised of a single or double buoy, 6-378

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weight and chain installed for the purpose of berthing a vessel, as provided by Chapter 1_7.25.

2. Onshore Mooring. The term "onshore mooring" or "shore mooring" shall mean a mooring for vessels which is located in the nearshore perimeter of the harbor and its islands, perpendicular to the shoreline, where one end of the mooring line is attached to a point on or adjacent to the bulkhead, and the other end is attached to a single buoy, weight and chain installed for the purpose of berthing a vessel, as provided by Chapter 17.25.

3. Open Coastal Waters. The term `open coastal waters" shall mean the area composed of submerged lands at extreme low water of spring tide extending seaward to the boundaries of the exclusive economic zone (twelve (12) to two hundred (200) miles). This includes navigation channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay.

4. Operable. The term "operable" shall mean capable of safely maneuvering under the vessel's own power from the mooring to a demarcation line designated by the appropriate authority and generally to be defined as the line between the seaward ends of the harbor entrance jetties and back to the mooring.

5. Operator. The term "operator" shall mean the person who operates or who has charge of the navigation or use of the vessel.

M. Definitions: P.

1. Passenger. The term "passenger" shall mean every person other than the operator and a member of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.

2. Permittee(s). The term "permittee(s)" shall be the person or entity who holds a validly issued permit under any provision of this title. Permittee(s) shall also include licensee(s), except in cases where such definition would conflict with another provision of this title.

3. Pier. The term "pier' shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip, gangway or float, or any other landing facility or floating dry dock.
a. Commercial Pier. The term "commercial pier" shall mean a pier adjacent to commercially or nonresidentially zoned property with single or multiple berths which are 6-379

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rented or leased, including any pier used in connection with marinas, charter facilities, yacht clubs, yacht sales, rental facilities or boat yards. For purposes of this chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily dwelling or dwelling units that are income generating, and structures adjacent to commercially zoned uplands that are business or income generating in nature, shall be deemed commercial.
b. Noncommercial Pier. The term "noncommercial pier" shall mean a pier used for private recreational purposes by the owner(s), occupant(s), guest(s) or lessee(s) of the abutting residentially zoned upland property.

G. Public Pier. The term "public pier" shall mean a pier used for public recreational purposes provided by a public agency.

4. Pierhead Line. The term "pierhead line" shall mean the harbor water area perimeter lines established in Newport Harbor by the federal government or the City, in cooperation with private associations, that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the harbor. The pierhead line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by the Harbor Commission.

5. Project Line. The term "project line" shall mean the harbor water area channel lines of the improvements constructed by the Federal Government in 1935 through 1936.

6. Property Owner. The term "property owner," for purposes of Chapter 17.50, shall mean the owner of the abutting upland property who has obtained a permit to place a structure in Newport Harbor.

7. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the common law public trust for commerce, navigation, fisheries, recreation, and other public purposes and includes all tidelands, submerged lands, the beds of navigable lakes and rivers, and historical tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.

N Definitions: R.

1. Residential. The term "residential" shall mean those properties that are identified in Title 20 as a district that allows residential uses or areas designated and used for residential purposes.
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2. Rhine Wharf. The term "Rhine Wharf' shall mean the area at the terminus of the Rhine Channel where vessels may load and unload supplies directly to and from the wharf while tied directly to the wharf.

3. Rhine Wharf Public Pier. The term "Rhine Wharf public pier" shall mean the pier and long float parallel to the Rhine Wharf, and which is used for public recreational purposes provided by the City.

4. Riprap. The term "riprap" shall mean a protective layer or facing of rock, concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment or bluff.

O. Definitions: S.

1. Sall Area. The term "sail area," as defined for the purposes of structural analysis or berthing facilities and structural pilings, shall mean the area of a boat, above the water line, that is exposed to wind under tied/berthed conditions.

2. Sailing Club. The term "sailing club" shall mean an organization operating from a fixed location and principally engaged in the coordination or facilitation of the use of boats owned or operated by the club for its members.

3. Seaworthy. The term "seaworthy" shall mean that the vessel is safe, operable and reasonably fit for its intended purpose, not leaking fluids overboard, and its hull, keel, decking, cabin and mast are structurally sound and generally free from dry -rot.

4. Shore. The term "shore" shall mean the narrow strip of land in immediate contact with the sea, including the zone between high and low water line. A shore of unconsolidated material is usually called a beach.

5. Shoreline. The term "shoreline" shall mean the intersection of the ocean or sea with land; the line delineating the shoreline on National Oceanic and Atmospheric Administration (NOAA) Office of Coast Survey nautical charts and surveys approximating the mean low tide water line at the time the chart was prepared.

6. Side Tie. The term "side tie" shall mean a berth where the dock is alongside only one side of the boat.

7. Slip. The term "slip" shall mean a berth where the boat has a finger on one side and either another finger or adjacent boat on the other side. 6-381

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8. Sport Fishing Charter. The term "sport fishing charter" shall mean a vessel chartered solely for sport fishing outside of Newport Harbor.

9. Submerged Lands. The term "submerged lands" shall mean lands which lie below the line of mean low tide.

10. Sub -Permit. The term "sub -permit" shall mean a permit issued by the Harbormaster for the temporary use of a deemed vacant or noticed vacant mooring.

P. Definitions: T.

1. Tidelands. The term "tidelands" or "public tidelands" shall mean all lands that were granted to the City by the State of California, including, but not limited to, submerged lands and/or lands that are located between the lines of mean high tide and mean low tide.

2. Tidelands Trust. The term "tidelands trust" shall mean all tidelands and submerged lands granted to the City by State or Federal legislation and the terms and conditions of any such legislative grant.

Q. Definitions: U.

1. Upland. The term "upland" shall mean land with a shared property line with and immediately adjacent to Newport Harbor.

2. Upper Newport Bay. The terms "Upper Newport Bay" and "Back Bay" are often used interchangeably. The term "Upper Newport Bay" shall mean the area of Newport Bay north of the centerline of Coast Highway.

R. Definitions: V.

1. Vessel. The term "vessel" shall mean any watercraft used as a means of transportation on water, whether mechanically powered, human powered or wind powered, including, but not limited to, ships and boats of all kinds, sailboats, catamarans, trimarans, dinghies, and every hulled structure adapted to be navigated from place to place for the transportation of persons or property.

2. Vessel Length. The term "vessel length" shall include the following:
a. Length Overall as published by the manufacturer of a particular vessel (LOA).
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b. Adjusted Length Overall (Adjusted LOA) is the LOA plus the length including all vessel attachments which may include bowsprits, swim steps or stern mounted dinghies or other objects affixed to the vessel adding to the LOA. c. In the event the LOA cannot be obtained from the published manufacturer specifications, then the LOA shall be determined by first, a United States Coast Guard (USCG) documentation certificate, or if none is available then second, by a State issued registration document, or if none is available, then third by other official documentation certifying the LOA of the vessel acceptable to the Harbormaster at his or her discretion.

3. Vessel Owner. The term "vessel owner" shall mean the owner of the vessel as shown on current registration with the Department of Motor Vehicles or the United States Coast Guard.

4. Vessel Width. The term "vessel width" shall have the same meaning as "beam" defined above.

S. Definitions: W.

1. Walkway. The term "walkway" shall mean a walkway on a wide portion of the floating dock system that is used for pedestrian access. A walkway can refer to the headwalk, mainwalk and/or fingers.

2. Waters of Newport Harbor. The term "waters of Newport Harbor" shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under the tidal water are privately or publicly owned.

3. Wind -Powered Vessel. The term "wind -powered vessel" shall mean a vessel that is being propelled by the wind through the use of sails and without the use of a motor or other machinery.

T. Definitions: Z.

1. Zostera Marina. See Eelgrass.

Section 752: Subsections (13)(2) Section 17.05.140 (Public Hearings) of Chapter

17.05 (General Provisions) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
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"2. Method of Notice Distribution. Notice of a public hearing required by this title shall be given as specified below.
a. Mailing. Notice shall be mailed or delivered at least ten (10) calendar days before the scheduled hearing to all the following:

L Project Site Owners, Applicant and Appellant. The owners of the property being considered in the application, or the owners' agent, the applicant or the applicant's agent, and the appellant, if any;
ii. Nearby Property Owners. All owners of real property located within a three hundred (300) foot radius, excluding intervening rights -of -way and waterways, of the exterior boundaries of the location of the subject matter of the application, as shown on the last equalized assessment roll. It shall be the responsibility of the applicant to obtain and provide to the review authority a list of the names and addresses of all owners who are to be provided notice under this subsection; and
iii. Persons Requesting Notice. A person who has made a written request for notice with the City Cleric.
b. Posting of a Sign and Notice. Notice shall be posted at a conspicuous place, easily readable by the public and placed as close as possible to the site of the proposed development at least ten (10) calendar days before the scheduled public hearing in the following manner:

L One or more signs shall be posted as determined by the City; ii. The size and location of the sign(s) shall be determined by the City to ensure that it will be easily readable by the public;
iii. The project applicant, or in the case of an appeal, the appellant shall be responsible for maintaining the sign(s) in a satisfactory condition; and iv. The project applicant shall remove the sign(s) after the date specified for the public hearing.
c. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority."
Section 753, Subsection (13)(13) of Section 17.10.060 (Power to Impose Conditions —Hold Harmless) of Chapter 17.10 (Marine Activities Permit) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"13. insurance, which types and amounts shall be determined by the Risk Manager, and a business license shall be maintained in full force and effect for the full term of the permit;"
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Section 754: Section 17.10.070 (Insurance) of Chapter 17.10 (Marine Activities Permit) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.10.070 insurance.

Persons engaging in any commercial activity including, but not limited to, charters, rentals, commercial services or any other types of operations on the waters of Newport Harbor shall at all times maintain insurance, which types and amounts shall be determined by the Risk Manager. The Risk Manager shall issue a written notice of determination of the policy limits and coverage, which shall be served in the manner provided in Section 1.08.080. Proof of insurance must clearly identify the activities and/or vessels covered."
Section 755: Section 17.20.040 (Abandoned or Unattended Vessels and Property) of Chapter 17.20 (Vessel Launching and Operation) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.20.040 Abandoned or Unattended Vessels and Property.

All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to the Harbormaster. Any such vessel or property shall be dealt with as provided in the appropriate provisions of Chapters 1.20 and 17.70, Cal. Harb. & Nay. Code Section 510 et seq., as the same now read or may hereafter be amended. For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be stray, unattended and abandoned if the vessel is unoccupied by a person during:

A. Any nighttime hours (sunset to sunrise);
B. Any time period when a small craft advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or
C. Daylight hours for more than three hours."
Section 756: Subsection (E)(3) of Section 1.7.20.060 (Vessel Races) of Chapter

17.20 (Vessel Launching and Operation) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"3. Otherwise comply with this Code, Cal. Harb. & Nay. Code, and the Federal Inland Navigation Rules; and"
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Section 757: Subsections (A)(1)(b), (H)(2)(a), (H)(2)(b) and (H)(4) of Section

17.25.020 (Anchorage, Berthing and Mooring Regulations) of Chapter 17.25 (Berthing, Mooring, and Storage) of Title 17 of the Code are hereby amended to read as set forth below:

Subsection (A)(9)(b) of Section 17.25.020 shall read as set forth in the quotations below.
"b. Anchor a vessel in any of Newport Harbor's designated public anchorage areas or at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy-two (72) hours within any thirty (30) day period. The Harbormaster may authorize, in writing, an extension to the seventy-two (72) hour time limit if the Harbormaster determines that given the particular circumstances an extension of time is reasonable and warranted."
Subsections (H)(2)(a) and (H)(2)(b) of Section 17.25.020 shall read as set forth in the quotations below.
"a. Commence repairs within thirty (30) days upon service of the written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbormaster, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs; or b. Remove the vessel within thirty (30) days of service of the written notice of such determination and request assignment of a different vessel that is safe, seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels.

The Harbormaster may repeat his or her request to test operability and seaworthiness as needed."
Subsection (H)(4) of Section 17.25.020 shall read as set forth in the quotations below. -
'A. If, based upon the appearance of the vessel, inspection by the City or Harbormaster or other facts, the Harbormaster determines that a sea lion has boarded a moored vessel, the Harbormaster shall issue and serve a notice of violation in accordance with Section 1.05.030 and the permittee shall take any and all necessary action to employ and maintain appropriate measures to deter sea lions from boarding the vessel within seven (7) days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) days of the notice of violation, the Harbormaster may issue an administrative citation or 6-386

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take any other enforcement action authorized by this Code. In the event the Harbormaster issues an administrative citation, the permittee shall:
a. Take any and all necessary action to employ and maintain appropriate sea lion deterrent measures; or
b. Remove the vessel from Newport Harbor.
`Appropriate deterrent measures' shall be defined as the latest methodology permitted by National Marine Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring. If the City is unable to reach the permittee within the seven (7) days, the Harbormaster may install temporary deterrent measures as needed and recover the City's cost of compliance."
Section 758: Section 17.30.020 (Loading or Unloading Hazardous Materials) of Chapter 17.30 (Harbor Use Regulations) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.30.020 Loading or Unloading Hazardous Materials.

No person shall load or unload any hazardous materials to or from any vessel from or upon any pier or other vessel in Newport Harbor without first obtaining a permit from the Fire Marshal pursuant to California Fire Code Section 105.6 and Chapter 9.04 of Title 9 of this Code. An application for a permit to load or unload any hazardous materials shall be filed with the Harbormaster in accordance with Section 17.60.015. The Fire Marshal shall issue the permit if he or she finds that the hazardous materials and the associated maintenance, handling and/or storage activities conform to the California Fire Code and this Code. The Fire Marshal may impose any conditions on the issuance of the permit necessary to protect the health, safety and welfare of the public. The decision of the Fire Marshal may be appealed in accordance with Chapter 15.80." Section 759: Subsection (B) of Section 17.30.030 (Live Bait and Sea Life) of Chapter 17.30 (Harbor Use Regulations) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"B. Nonconforming Bait and/or Sea Life Receivers. Storage of live bait or sea life other than in a receiver conforming to the requirements hereof is prohibited. After three (3) days' written notice, served in accordance with Section 1.05.030, to the owner of a nonconforming receiver, it may be removed by the Harbormaster and stored at the expense of the owner."
Section 760: Subsection (A) of Section 17.40.060 (Term/Renewal) of Chapter

17.40 (Live-Abroads) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
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"A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications for the renewal of any permit shall be submitted at least sixty (60) days before expiration of the permit, on forms supplied by the City, shall include the fee established by resolution of the City Council and shall specify any changes to the information provided on the original application for a permit." Section 761: Subsection (A)(3) of Section 17.40.070 (Conditions/Regulations) of Chapter 17.40 (Live-Abroads) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"3. By obtaining a live -aboard permit, the permittee specifically authorizes the Harbormaster to board the subject vessel at any time to inspect the marine sanitation device and holding tank and install a dye tablet to determine whether there is any discharge from the same."
Section 762: Subsection (A) of Section 17.45.030 (Waste and Refuse) of Chapter 17.45 (Sanitation) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or allow any other person on a vessel under his or her control or command to discharge any treated or untreated human or animal excreta from any marine sanitation device on a vessel into the waters of Newport Harbor or the Pacific Ocean. In accordance with Cal. Harb. & Nay. Code Section 782 any vessel in the waters of Newport Harbor or on the waters of the Pacific Ocean within the jurisdiction of the City, with a marine sanitation device, is subject, at any time, to boarding by the Harbormaster to inspect the operation and condition of the same and shall be subject to the use of a dye tablet to determine whether or not the marine sanitation system is discharging overboard. Violations are subject to all available remedies, including immediate removal from Newport Harbor."
Section 763: Subsections (A)(1) and (B) Section 17.50.040 (Rendering of Decision) of Chapter 17.50 (Harbor Development Permits) of Title 17 of the Code are hereby amended to read as set forth below:
below: Subsection (A)(1) of Section 17.50.040 shall read as set forth in the quotations "A. Approval.

1. Approval by City Staff.
a. Except as provided in subsection (A)(2) of this section, the review authority shall approve and issue an approval in concept and/or harbor development permit if a 6-388

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public hearing is not expressly required, and the application conforms to the provisions of this title, the design criteria and all applicable standards and policies otherwise applicable to the property.
b. Before issuing an approval in concept or harbor development permit for:
i. Any development on oceanfront beaches;
ii. Development of a nonstandard structure; or
iiL Development of a structure for a use that is not in keeping with the surrounding area;
the review authority shall notify all real property owners within three hundred (300) feet of the proposed development, as shown on the last equalized assessment rolls, of the pending application. Notice will be sent at least ten (10) days prior to a decision.
c. An approval in concept only indicates the proposed development conforms in concept to all applicable provisions of this title and does not provide approval for any applicable land use and property development regulation not covered by this title." Subsection (B) of Section 1 7.50.040 shall read as set forth in the quotations below.
"B. Notice of Decision. Notice of the decision shall be posted on the City website within one day of the date of the decision. The review authority shall provide notice of the decision to the applicant and publish notice of the decision on the City's website for fourteen (14) days. If no appeal or call for review of the decision is filed within the fourteen (14) days, the decision is final. No permit shall be issued until the appeal period or call for review, in accordance with Chapter 15.80 or 17.65, expires." Section 764: Section 17.50.100 (Securing of Structures) of Chapter 17.50 (Harbor Development Permits) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.50.100 Securing of Structures.

If, based upon an inspection by the City or other facts, the Harbormaster determines that a sea lion has boarded a permitted structure andlor any vessel or other appurtenances attached to the structure, the Harbormaster shall issue a notice of violation and the permittee shall take any and all necessary action to employ and

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maintain appropriate measures to deter sea lions from boarding the structure and/or any vessel or other appurtenances attached to the structure within seven (7) days of the notice of violation. If the Harbormaster determines that appropriate deterrent measures have not been taken within seven (7) days of the notice of violation, the Harbormaster may take enforcement action in accordance with this Code and the permittee shall take any and all necessary action to employ and maintain appropriate sea lion deterrent measures. Appropriate deterrent measures shall be defined as the latest methodology permitted by the National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and/or any vessel or other appurtenances attached to the structure." Section 765: Section 17.55.040 (Limits on Uses) of Chapter 17.55 (Dredging Permits) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.55A40 Limits on Uses.

Development involving diking, filling, or dredging of open coastal waters, wetlands, and estuaries shall be limited to uses consistent with Cal. Pub. Resources Code Section 30233 (Coastal Act) and the certified Local Coastal Program." Section 766: Subsections (13)(3), and (H)(2) of Section 17.60.040 (Mooring Permits) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 of the Code are hereby amended to read as set forth below:

Subsection (B)(3) of Section 17.60.040 shall read as set forth in the quotations below.-
"3. Permittee/Transferee Qualifications. A mooring permit may be held only by natural persons unless the mooring permit is transferable, in which case it may be held by, or transferred to, only the following:
a. A natural person(s) including, but not limited to, an immediate family member, which shall mean the mooring permittee's spouse and heirs at law. to the second degree of consanguinity;
b. An executor or administrator carrying out the terms of a will or administering a probated estate that holds a mooring permit, but only for the period of time prior to distribution of the estate;
c. An inter vivos trust, family trust, or other similar type of trust estate holding a mooring permit, so long as all trustors are natural persons and the primary mooring permittee shall be the trustee of the trust;
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d. A marine contractor, or marine support service provider, holding a mooring permit used to provide current or ongoing harbor infrastructure and marine or fishing services (such as maintenance or dredging);
e. Balboa Island Yacht Club for the purposes of youth education in boating and marine activities; Kerckhoff Marine Laboratories for the purpose of marine and oceanographic research; and American Legion Post 291 for the purpose of serving veterans and their families and supplying them with affordable access to boating and harbor activities; or similar marine educational entities; or f. The Balboa Yacht Club, Newport Harbor Yacht Club (collectively "yacht clubs") and the Lido Isle Community Association —only for those moorings assigned by the City within certain established mooring areas or locations, prior to January 13, 2011. These designated mooring areas may not be expanded. The boundaries of all mooring areas in Newport Harbor are graphically depicted by National Oceanographic and Atmospheric Administration (NOAA) Chart Number 18754. Yacht clubs shall be entitled to a maximum number of moorings identified in NOAA Chart Number 18754 that are located within the yacht club's established mooring fields and at a minimum the current number of moorings assigned to them as of January 13, 2011." Subsection (H)(2) of Section 17.60.040 shall read as set forth in the quotations below:
"2. The mooring sub-permittee agrees to be responsible for any damage to mooring equipment; to defend and indemnify the City of Newport Beach and the mooring permittee against any claims or losses arising out of, or related to, the mooring rental; to provide proof of insurance as may be determined by the City's Risk Manager; to provide registration or other proof of ownership; to provide an equipment damage deposit, all to the satisfaction of the Harbormaster; and authorize the City to move the vessel on the mooring to another location when deemed necessary by the Public Works Director and/or Harbormaster;"
Section 767: Subsection (A)(3) of Section 17.60.060 (Public Trust Lands) of Chapter 17.60 (Harbor Permits and Leases) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"3. The City Manager is authorized to enter into leases or permits authorized by this section on behalf of the City in a form approved by the City Council pursuant to Resolution 2012-91 for large commercial marinas and Resolution 2012-97 for commercial use of tidelands (as the same may be subsequently amended from time to time by the City Council) or in such form as is substantially similar thereto; provided, however that the City Manager may instead refer the matter to the City Council for consideration and approval. Furthermore, the City Manager is authorized to implement 6-391

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such leases or permits on behalf of the City and to issue interpretations, waive provisions, and enter into amendments thereof."
Section 768: Section 17.65.020 (Time Limits) of Chapter 17.65 (Appeals or Calls for Review) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.65.020 Time Limits.

Appeals or calls for review shall be initiated within fourteen (14) days of the decision." Section 769: Section 17.70.010 (Declaration of Nuisance —Abatement) of Chapter 17.70 (Enforcement) of Title 17 of the Code is hereby amended to read as set forth in the quotations below:
"17.70.010 Declaration of Nuisance —Abatement.

Any building, structure, or vessel set up, erected, constructed, altered, enlarged, converted, moved or maintained in or over the waters of Newport Harbor or the Pacific Ocean contrary to the provisions of this Code, and any use of any land, water, building or premises established, conducted, operated or maintained contrary to the provisions of this Code, shall be and the same is declared to be unlawful and a public nuisance; and the City Attorney may commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and may take such other steps and apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or vessel and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Code. Pursuant to Cal. Gov. Code Section 38773, all expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable to the person(s) creating, causing, committing, or maintaining the public nuisance."
Section 770: Subsections (13)(1) and
Marine Activities Permit) of Chapter 17.70
hereby amended to read as follows:
(13)(2) of Section 17.70.015 (Suspension of
(Enforcement) of Title 17 of the Code are

1. The Harbormaster shall investigate whenever he or she has reason to believe that a marine activities permit holder has submitted an application that contains false information or committed a violation of a permit condition, this Code, State or federal law related to a marine activities permit. Such investigation may include, but is not limited to, on -site or vessel inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension of the marine activities permit, the Harbormaster shall issue written notice of intention to suspend the permit. The written notice shall be served on the owner in accordance with Section 1.05.030, directing the permittee to appear at the date, time and place for a hearing on the 6-392

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suspension of the marine activities permit. The notice shall specify the facts which, in the opinion of the Harbormaster, constitute substantial evidence to establish grounds for imposition of the suspension, and specify the proposed time the marine activities shall be suspended. At least fourteen (14) days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing.

2. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, a hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend the marine activities permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension is consistent with the provisions of this section. If the City Manager determines there are grounds for suspension of a marine activities permit, he/she shall provide written notice of the suspension to the permittee shown on such permit, stating the grounds for the action, the length of 'suspension, and the effective date of the decision. The notice of decision shall be served in accordance with Section 1.05.030 within thirty (30) days of the City Manager receiving recommendations from the hearing officer. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5." Section 780. Subsections (13)(1)(a), (13)(2) and (B) (3) of Section 17.70.020 (Grounds for Revocation of Permit) of Chapter 17.70 (Enforcement) of Title 17 of the Code are hereby amended as set forth below:

Subsection (B)(9)(a) of Section 17.70.020 shall read as set forth in the quotations below:
"a. At least fourteen (14) days' notice of such hearing shall be given in accordance with Section 1.05.030 to the permittee shown on such permit, setting out the date, time and place of hearing, and specifying the facts which constitute the grounds for revocation.

Subsections (B)(2) and (B) (3) of Section 9 7.70.020 shall read as set forth in the quotations below:

12. Procedure for Revocation of Live -Aboard Permits. if the Harbormaster determines there are grounds for revocation of a live -aboard permit as provided in subsection (A)(2) of this section, he or she shall provide written notice of revocation with service of the notice in accordance with Section 1.05.030, stating the grounds for the action, the effective date of the decision and the right of the permittee to appeal the decision to the Harbor Commission. The permittee shall have fourteen (14) days from the date on which notice is deemed served to request a hearing. 6-393

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If the permittee does not request a hearing within fourteen (14) days of the date the notice is deemed served, the decision of the Harbormaster shall be final.

3. Procedure for Revocation of Mooring Permits. If the Harbormaster determines there are grounds for revocation of a mooring permit as provided in subsection (A)(3) of this section, he/she shall provide written notice of the revocation with service of the notice in accordance with Section 1.05.030 to the permittee shown on such permit, stating the grounds for the action, the effective date of the decision and the right of the permittee to appeal the decision to the Harbor Commission. The permittee shall have fourteen (14) days from the date on which notice is deemed served to request a hearing.
if the permittee does not request a hearing within fourteen (14) days of the date the notice is deemed served, the decision of the Harbormaster shall be final." Section 781:The Table of Contents for Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.04

GENERAL PROVISIONS
Sections:

19.04.010 Short Title.

19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).

19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30).

19.04.035 Development Across Property Lines.

19.04.040 Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).

19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).

19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411.1, 66428).

19.04.070 Interpretation of Code Provisions.

19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).

19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).

Section 782: Section 19,04.010 (Short Title) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.010 Short Title.

This title shall be known as the "Subdivision Code" of the City of Newport Beach. All references herein to chapters, sections, subsections and paragraphs shall, unless 6-394

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otherwise specified, mean text in this Code of which this title is a part. Similarly, all references herein to "this title" shall, unless otherwise specified, mean this Title 19." Section 783: Section 19.04.020 (Purpose and Applicability (Cal. Gov. Code Section 66411)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.020 Purpose and Applicability (Cal. Gov. Code Section 66411).

A. Consistency with Subdivision Map Act. It is intended that the provisions of this title shall be fully consistent and in full compliance with the Subdivision Map Act, as defined in Section 19.04.090 and that such provisions shall be so construed. In case of conflict between the provisions of this title and those of the Subdivision Map Act, the latter shall control.

B. Purpose. This title is enacted for the purpose of adopting tract and parcel map regulations in accordance with the Subdivision Map Act. More specifically, the subdivision regulations contained herein are intended to promote:

1. The creation of subdivisions which are consistent with and serve to implement the policies and provisions of the General Plan;

2. The conservation of open space in the City;

3. The protection of landowners, lot purchasers and surrounding residents;

4. The provision of orderly and controlled growth within the City;

5. The provision of adequate traffic circulation, utilities and other services;

6. The protection and stabilization of property values; and

7. The preservation of the public health, safety and general welfare.

C. Applicability. The provisions of this title shall apply to subdivisions and related matters addressed in the Subdivision Map Act for land entirely or partially within the City of Newport Beach."
Section 784: Section 19.04.030 (Compliance Required (66499.30)) of Chapter

19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.030 Compliance Required (Cal. Gov. Code Section 66499.30). 6-395

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A. No Sale, Lease or Financing Without Map. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map or final parcel map is required by this title, until the final tract or parcel map thereof in full compliance with this title has been recorded and the City has been provided proof of recordation.

B. No Conveyance Without Map. Conveyances of any part of a division of real property for which a final tract map or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been recorded by the County Recorder.

C. Subdivisions Under Previous Law. In accordance with Cal. Gov. Code Section 66499.30 subsections (A) and (B) of this section do not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

D. Sales Conditioned on Final Map Allowed. In accordance with Cal. Gov. Code Section 66499.30, nothing in this section shall prohibit an offer or contract to sell, lease or finance real property, or to construct improvements thereon where the sale, lease or financing or the commencement of construction is expressly conditioned on the approval and filing of a final map as required by this title.

E. Compliance Required for Permit Issuance. Compliance with the provisions of this title is a condition precedent to the issuance of a building permit or occupancy certificate on any lot or parcel of land within the City."
Section 785: Section 19.04.040 (Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.040 Exclusions Per Map Act (Cal. Gov. Code Sections 66411, 66412 et seq., 66451.7).

A. Inapplicability. This title does not apply to leases, conversions, transactions, conveyances or other acts which are specifically designated as excluded by the Cal.

Gov. Code, except that procedures for lot line adjustments shall be in accordance with Chapter 19.76,
B. Determinations of Exemption. In accordance with Cal. Gov. Code Section 66451.7 , determinations on whether a proposed action is exempt from review pursuant to Cal.

Gov. Code Section 66412 or whether a parcel map may be waived pursuant to Cal. 6-396

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Gov. Code Section 66428 shall be made within sixty (60) days of an application being deemed complete."
Section 786: Section 19.04.050 (Advisory Agencies and Appeal Boards (66415, 66416)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.050 Advisory Agencies and Appeal Boards (Cal. Gov. Code Sections 66415, 66416).

Pursuant to Cal. Gov. Code Section 66415, the Planning Commission is hereby designated as the City's Advisory Agency for review of tentative tract maps and the Zoning Administrator is designated as the City's Advisory Agency for review of tentative parcel maps, lot mergers, and lot line adjustments. The duties, responsibilities, and authority for tentative map review by the Planning Commission and Zoning Administrator shall be as specified in Chapter 19.12. Pursuant to Cal. Gov. Code Section 66416, the Appeal Board for decisions of the Planning Commission shall be the City Council and the Appeal Board for decisions of the Zoning Administrator shall be the Planning Commission."
Section 787: Section 19.04.060 (Parcel Maps and Tract Maps (66411.1, 66428)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:

19.04.060 Parcel Maps and Tract Maps (Cal. Gov. Code Sections 66411 A, 66428).

A tentative parcel map and final parcel map shall be required for any division of land which does not require a tentative and final tract map pursuant to Cal. Gov. Code Section 66428. Subject to the limitations on improvements associated with parcel maps set forth in Chapter 19.28, form, content, design and other requirements for parcel maps shall be the same as set forth in this title for tract maps. Further, as used in this title, the term `tentative map' shall encompass both tentative tract and tentative parcel maps, and the term `final map' shall encompass both final tract and final parcel maps." Section 788: Section 19.04.080 (Enforcement (66499.32 et seq.)) of Chapter

19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.04.080 Enforcement (Cal. Gov. Code Section 66499.32 et seq.).

A. Remedies for Violation. Any deed of conveyance, sale or contract to sell real property in violation of the provisions of this title is voidable to the extent and in the same manner as provided in Cal. Gov. Code Sections 66499.32 through 66499.36 . In addition, the City may elect other remedies for violation of this title, as provided in the Cal. Gov. Code sections cited above.
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B. Enforcement Responsibility. It shall be the duty of the Community Development Director or the director's authorized representative to enforce the provisions of this title.

C. Enforcement Responsibility. It shall be the duty of the Community Development Director or the directors authorized representative to enforce the provisions of this title." Section 789:Section 19.04.090 (Definitions (66414 et seq.)) of Chapter 19.04 (General Provisions) of Title 19 of the Code is hereby amended to read as follows:

19.04.090 Definitions (Cal. Gov. Code Section 66414 et seq.).

A. Meanings Same as Zoning Code and SMA. Unless otherwise defined in this Section, terms used in this title shall have the same meaning as applied to them in the Zoning Code (Title 20) and the Subdivision Map Act. Also, certain terms used in this title shall correspond to equivalent terms in the Subdivision Map Act as shown below:

Equivalent Terms in
Terms Used in this Title
Subdivision Map Act
Final tract map
Final map
Final parcel map
Parcel map
Tentative tract map
Tentative map
Tentative parcel map
Tentative map
B. Terms Defined. For the purposes of this title, certain terms shall have the meanings shown below:
"Alley" means a public or private way permanently reserved primarily for vehicular service access to the rear or side of properties which otherwise abut on a street. An alley shall not be considered a street. [Note: Same meaning as in the Zoning Code.] "Building site" means a parcel or contiguous parcels of land which constitute a site eligible for building development under the requirements of Titles 19 (Subdivisions) and 20 (Planning and Zoning).
"Community Development Director" or "Director" means the Community Development Director for the Community Development Department or his or her designee. "Condominium" means a condominium project community apartment project or stock cooperative, as defined in Cal. Civ. Code Sections 4105, 4125, and 4190.

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"Development" means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. [Note: Same meaning as in the Subdivision Map Act.] "Design" means: (1) Street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights -of -way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan. [Note: Same meaning as in the Subdivision Map Act.]
"Design criteria" means standards for public works design and improvements as embodied in the current revisions of the City -adopted "Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction," the "Standard Specifications for Public Works Construction," all applicable City Council policies or successor standards to any of the above adopted by the City. "Driveway" means a designated passageway providing vehicular access between a street and a garage or carport, a designated parking area or other driveway or street. A driveway shall not be considered a street. [Note: Same meaning as in the Zoning Code.] "Final map" means a final tract map or a final parcel map. "Final parcel map" means a recorded subdivision map which is in substantial conformance with an approved or conditionally approved tentative parcel map and which complies with the provisions of this Subdivision Code and the Subdivision Map Act.
"Final tract map" means a recorded subdivision map which is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map and which complies with the provisions of this Subdivision Code and the Subdivision Map Act.
"improvement" means any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. Improvement also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure 6-399

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consistency with, or implementation of, the General Plan or any applicable specific plan. [Note: Same meaning as in the Subdivision Map Act.]
"Inundation" means ponded water or water in motion of sufficient depth to damage property due to the presence of water or to the deposition of silt. "Lot" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. [Note: Same meaning as in the Zoning Code.]
"Lot width" means the mean of the horizontal distance between the side lot lines measured at right angles to the lot depth at points twenty (20) feet from the front lot line and twenty (20) feet from the rear lot line, or from the rearmost point of the lot depth in cases where there is no rear lot line. [Note: Same meaning as in the Zoning Code.] Parcel: See "lot."
"Remainder parcel" means that portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map. A remainder parcel is not necessarily a legal building site.
"Right-of-way" means a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.

Site: See "building site."
"Street" means a public or private vehicular right-of-way, including local streets, commuter streets and arterial highways, but not including alleys, driveways or offroad bikeways. [Note: Same meaning as in the Zoning Code,]
"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers. [Note: Same meaning as in the Subdivision Map Act.]
"Subdivision" means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous

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units even if it is separated by roads, streets, utility easement or railroad rights -of -way.

Subdivision includes a condominium project, as defined in Cal. Civ. Code Section 4125 or 6542(F), a community apartment project, as defined in Cal. Civ. Code Section 4105 or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Cal. Civ. Code Section 4190 or 6566.
"Subdivision Map Act" or "SMA" means Cal. Gov. Code Title 7, Division 2, Section 66410 et seq.
"Tentative map" or "tentative subdivision map" means a tentative tract map or a tentative parcel map.
"Tentative tract map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. "Tentative parcel map" means a map made for the purpose of showing the design and improvement of a proposed parcel map subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
"Vehicular access rights" means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land. "Vesting tentative map" means a tentative map which meets the requirements of Section 66452 of the Subdivision Map Act.
"Zoning Code" means Title 20 of the Code.

Section 790: The Table of Contents for Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.08

TENTATIVE MAP FILING
Sections:

19.08.010 When Tract Maps Required (Cal. Gov. Code Section 66426).

19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).

19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428).
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19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).

19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).

19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).

Section 791: Section 19.08.010 (When Tract Maps Required (66426)) of Chapter

19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.010 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428).

Approval of a tentative and final tract map shall be required in accordance with this title for any subdivision creating five (5) or more parcels, five (5) or more condominiums as defined in Cal. Civ Code Section 783, a community apartment project containing five (5) or more parcels or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except for those activities excluded by Section 19.04.040, or where:

A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City;
B. Each parcel created by the division has a gross area of twenty (20) acres or more and has approved access to a maintained public street or highway; C. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths;
D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section; or A tentative and final parcel map shall be required for those subdivisions described in subsections (A) through (D) of this section."
Section 792: The section heading for Section 19.08.020 (When Parcel Maps Required (66412, 66426, 66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
°19.08.020 When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428)."
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Section 793: Subsection (A)(1) of Section 19.08.020 (When Parcel Maps Required (Cal. Gov. Code Sections 66412, 66426, 66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read to read as set forth in the quotations below:
"1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Cal. Pub. Util. Code Section 230, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing;" Section 794: The section heading for Section 19.08.030 (Waiver of Parcel Map Requirement (66428)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.08.030 Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428)." Section 795: Subsection (A) of Section 19.08,030 (Waiver of Parcel Map Requirement (Cal. Gov. Code Section 66428)) of 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Activities Eligible for Waiver. The Community Development Director may waive all or part of the requirements for a tentative and final parcel map in the following cases:

1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

2. Division of real property resulting from the conveyance of land or any interest therein to or from the City or other public entity for public purposes, such as school sites, public building sites, or rights -of -way or easements for streets, sewers, utilities, drainage, and similar facilities; or

3. Mergers resulting in the net elimination of no more than three parcels; or

4. A division requiring a parcel map imposed by Cal. Gov. Code Section 66426.

Section 796: Section 19.08.040 (Tentative Map Application) of Chapter 19.08 (Tentative Map Filing (66451.2, 66452)) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.040 Tentative Map Application (Cal. Gov. Code Sections 66451.2, 66452).

A. Filing. Tentative maps shall be filed with the Community Development Department by a record owner or owners of the property to be divided or by their authorized agents.

The required number of copies of the tentative map shall be as promulgated in writing by the Community Development Director.
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B. Application Fee. The tentative map shall be accompanied by the required application fee(s), as established by resolution of the City Council. Such fees shall be in accordance with Cal. Gov. Code Section 66451.2 and -shall not exceed the amount reasonably required to administer the provisions of this title.

C. Form and Content. Tentative tract and tentative parcel maps shall be prepared by a civil engineer registered in the State of California in accordance the Cal. Gov. Code and this Code. Tentative maps shall be in map form in size, scale and format as specified by the Community Development Director and shall be accompanied by other reports, exhibits, information and materials as required by the Director. The Director shall provide application forms and a list of required tentative map information on request.

D. Flood Hazard Areas. All tentative maps shall identify any flood hazard area and elevation of the base flood."
Section 797: Section 19.08.050 (Completeness of Application (65943)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.050 Completeness of Application (Cal. Gov. Code Section 65943).

A. Determination of Completeness. Not later than thirty (30) days after receipt of a tentative map application, the Planning Department shall determine whether the application is complete and shall immediately transmit the determination in writing to the applicant. If the written determination of completeness is not made within thirty (30) days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this title.

B. Reasons for Incompleteness. If an application is determined to be not complete, the notification to the subdivider shall identify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. Other details regarding determination of completeness of subdivision applications shall be in accordance with Cal. Gov. Code Section 65943.

C. Time Limits for Review. Time limits for review and for decisions regarding subdivision applications shall be in accordance with Chapter 19.12." Section 798: Section 19.08.060 (Soils Reports (66490, 66491)) of Chapter 19.08 (Tentative Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.08.060 Soils Reports (Cal. Gov. Code Sections 66490, 66491).

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A preliminary soils report prepared to the satisfaction of the City Engineer by a civil engineer registered in California shall be submitted with all tentative maps. However, the requirement for a soils report may be waived if the City Engineer determines that, due to existing information on the soil and geological qualities and topography of the property to be subdivided, no such report or reports are necessary. Conversely, if the preliminary soils report indicates the presence of critically expansive soils, the presence of deleterious chemicals or other soil problems, the City Engineer may require additional tests as indicated in Cal. Gov. Code Section 66491."
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Section 799: The Table of Contents for Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.12

TENTATIVE MAP REVIEW
Sections:

19.12.010 Tentative Map Review Authority.

19.12.020 Prefiling Conference.

19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).

19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).

19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9).
19,12.060 Review of Tentative Parcel Maps.

19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov.

Code Sections 66412.3, 66473 et seq.).

19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov.

Code Section 66474.2).

19.12.090 Amendments to Approved Tentative Maps.

Section 800: Section 19.12.030 (Review of Tentative Maps by Other Agencies (66453 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.12.030 Review of Tentative Maps by Other Agencies (Cal. Gov. Code Section 66453 et seq.).

Within five (5) days of a tentative map being determined to be complete pursuant to Section 19.08.050, copies of the map shall be sent to all local and State agencies prescribed by Cal. Gov. Code Section 66453 et seq. for the opportunity to comment on the proposed tentative map. In addition, copies of the tentative map shall be sent for comment to all utilities and similar service entities which the Director deems may be affected by the proposed subdivision."
Section 801: Section 19.12.040 (Environmental Review (Cal. Gov Code Section 66452.1)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.12.040 Environmental Review (Cal. Gov. Code Section 66452.1).

A. Subdivider's Responsibilities. The subdivider shall submit information as required by the Community Development Director sufficient to permit environmental review of the project in accordance with the CEQA, the Zoning Code and City procedures. The

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subdivider shall also pay all fees required for the completion of environmental review including, but not limited to, the preparation of an environmental impact report, if required.

B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Community Development Director shall determine if the parcel map is categorically exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 15315.

C. Mitigation Measures. In conjunction with adoption of an environmental impact report or negative declaration, the City may impose mitigation measures as conditions of approval on a tentative tract or parcel map to mitigate a project's environmental impacts."
Section 802: The section heading for Section 19.12.050 (Review of Tentative Tract Maps (66451.1, 66452.1 et seq., 66474.9)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.12.050 Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9)."
Section 803: Subsections (C), (E)(2), (G), (H), (1)(3), (1)(4), (J) and Section title of Section 19.12.050 (Review of Tentative Tract Maps (Cal. Gov. Code Sections 66451.1, 66452.1 et seq., 66474.9)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth below:
below: Subsection (C) of Section 19.12.050 shall read as set forth in the quotations "C. Public Hearings. Public hearings shall be noticed and held in accordance with Cal.

Gov. Code Sections 65090, 65091, and 66451.3 and City procedures." below.Subsection (E)(2) of Section 19-12.050 shall read as set forth in the quotations •

2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to this title, the Community Development Director shall determine whether or not the City is able to meet the time limits specified in this chapter for reporting and action on maps. If the Director determines that such time limits cannot be met, the Director, upon request of the subdivider and for the purpose of meeting such limits, may contract or employ a private person or entity on a temporary basis to perform such services as necessary to permit the City to meet such time limits, subject to the provisions, requirements and limitations of Cal. Gov. Code Section 66451.1." 6-407

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Subsections (G) and (H) of Section 19.12.050 shall read as set forth in the quotations below:
"G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning Commission within the time limits specified in this section or within any authorized extension thereof per this section, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Cal. Gov. Code and this Code. It shall be the duty of the City Clerk to affirm said approval. Any tentative tract map deemed approved by Planning Commission inaction may in turn be appealed to the City Council in accordance with the procedures and time limits set forth in subsection (1) of this section.

H. Denial Action to Comply with Time Limits Prohibited. Pursuant to Cal. Gov. Code Section 66451.4, no tentative tract map shall be denied to comply with the time limits specified in this section unless there are reasons for disapproval other than the failure to timely act in accordance with the time limits specified in this section." Subsection (1)(3)(4) of Section 19.12.050 shall read as set forth in the quotations below:
"3. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee set by resolution of the City Council pursuant to Cal. Gov. Code Section 66451.2. A call for review is exempt from the payment of a filing fee under Section 3.36.030.

4. Hearing and Action. A public hearing shall be noticed and held prior to action on a tentative tract map appeal or call for review. The appeal or review hearing shall be noticed in accordance with Cal. Gov. Code Sections 65090, 65091 and 66461.3 and shall be held within thirty (30) days after filing of the appeal or call for review. Within ten (10) days following the conclusion of the hearing, the City Council shall render its decision on the appeal or call for review."
Subsection (J) of Section 19.12.050 shall read as set forth in the quotations below:
"J. Indemnification of City. Pursuant to Cal. Gov. Code Section 66474.9, as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under Cal. Gov. Code Section 66499.37. The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense."

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Section 804: Subsections (A)(2) and (B) of Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code are hereby amended and Subsection (A)(5) is hereby added, to read as set forth below:

Subsection (A)(2) of Section 19.12.060 shall read as set forth in the quotations below.
"2. Procedures. Except as provided in subsection (A)(5), the provisions for tentative tract maps set forth in Sections 19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required findings, approval by inaction, and indemnification shall apply to tentative parcel maps."
Subsection (A)(5) of Section 19.12.060 shall read as set forth in the quotations below.
"5. Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of airspace within two -unit or multi -unit dwellings for condominium purposes shall be exempt from the provisions set forth in Sections

19.12.050(B) and (C) regarding staff reports and public hearings. Public notice shall be provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and City procedures, except that the notice shall include a statement that no local public hearing will be held; however, written comments on the proposed subdivision will be considered if submitted by no later than the date set forth in the notice." Subsection (B) of Section 19.12.060 shall read as set forth in the quotations below. "B. Appeal or Call for Review of Zoning Administrator Action.

1. Initiation of Appeal or Call for Review. With the exception of a tentative parcel map for an urban lot split, any interested person may appeal any action of the Zoning Administrator regarding a tentative parcel map to the Planning Commission or any action of the Planning Commission regarding a tentative parcel map to the City Council.

Only an applicant can appeal an action by the Zoning Administrator or the Planning Commission on a tentative parcel map for an urban lot split. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Zoning Administrator regarding a tentative parcel map may be initiated by a member of the Planning Commission to the Planning Commission, in the member"s official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. With the exception of a tentative parcel map for an urban lot split, calls for review of any action of the Planning Commission regarding a tentative parcel map may be initiated by a member of the City Council to the City Council, in the member's official capacity, if the sole purpose for the call for review is to bring the matter in front of the entire body for review. In accordance with Cal. Gov. Code Section 66463.5, an appeal of a denial of a tentative parcel map extension shall be heard by the City Council.

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2. Time Limits for Filing. Appeals or calls for review to the Planning Commission shall be filed with the Director within ten (10) days after the action of the Zoning Administrator on a form provided by the Director. Appeals or calls for review to the City Council shall be filed with the City Clerk within ten (10) days after the action of the Planning Commission on a form provided by the City Clerk. An appeal of a denial of a tentative parcel map extension shall be filed with the City Clerk and heard by City Council in accordance with Cal. Gov. Code Section 66463.5. The time limit for filing appeals on denials of a tentative parcel map extension shall be fifteen (15) days after the action of the Zoning Administrator. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing.

3. Fees. Any appeal filed by an interested person shall be accompanied by a fee set by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision." Section 805: The section heading for Section 19.12.070 (Required Findings for Action on Tentative Maps (66412.3, 66473 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.12.070 Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.)."
Section 806: Subsections (A)(7) and (A)(9) of Section 19.12.070 (Required Findings for Action on Tentative Maps (Cal. Gov. Code Sections 66412.3, 66473 et seq.)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code are hereby amended to read as set forth below:

Subsection (A)(7) of Section 19.12.070 shall read as set forth in the quotations below.•
"7. That, in the case of a "land project" as defined in Cal. Bus. & Prof. Code Section 11000.5: (1) There is an adopted specific plan for the area to be included within the land project; and (2) the decision making body finds that the proposed land project is consistent with the specific plan for the area;"
Subsection (A)(9) of Section 19.12.070 shall read as set forth in the quotations below.
"9. That the subdivision is consistent with Cal. Gov. Code Sections 66412.3 and 65584 regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources;"
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Section 807: The section heading for Section 19.12.080 (Use of Regulations in Effect at Time of Map Filing (66474.2)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.12.080 Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2)."
Section 808: Subsection (B) of Section 19.12.080 (Use of Regulations in Effect at Time of Map Filing (Cal. Gov. Code Section 66474.2)) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"B. New Regulations Initiated Before Application Determined Complete. Subsection (A) of this section shall not apply if the City, prior to determining a tentative map application to be complete, has done both of the following:

1. Initiated proceedings by way of ordinance, resolution or motion to amend this Subdivision Code, the Zoning Code, the General Plan, any applicable specific plan(s) or other applicable City regulations; and

2. Published a public hearing notice in accordance with Cal. Gov. Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change(s) to this Code, the General Plan, any applicable specific plan(s) or other City regulations.

If both subsections (B)(1) and (2) of this section have been met, the City may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date the City approves or denies the tentative map." Section 809: Section 19.12.090 (Amendments to Approved Tentative Maps) of Chapter 19.12 (Tentative Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Minor Amendments. Minor amendments to approved tentative tract or tentative parcel maps or to any condition of approval thereon may be approved by the Community Development Director provided the Director determines that all of the following criteria are met:

1. No lots, units, building sites or structures are added to the project;

2. The changes involve no substantial change in lot configuration, street layout, improvements or conditions of approval;
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3. The changes are consistent with the intent of the original tentative map approval; and

4. The resulting tentative map remains in conformity with this Subdivision Code, other applicable provisions of this Code and the Subdivision Map Act.

A minor amendment shall not alter the expiration date of the tentative map unless an extension is also approved in accordance with Chapter 19.16.

B. Major Amendments. If the Community Development Director determines that a proposed amendment to an approved tentative map or to any condition of approval thereon does not meet the criteria for a minor amendment set forth in subsection (A) of this Section, the Director shall require the filing of a map amendment application and fee. Such major tentative map amendments shall thereupon be reviewed in the same manner as an original tentative map application. If such a major amendment is approved, the expiration date of the amended tentative map shall be determined from the date of approval of the amendment."
Section 810:The Table of Contents for Chapter 19.16 (Tentative Map Expiration and Extension) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.16

TENTATIVE MAP EXPIRATION AND EXTENSION
Sections:

19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).
19A6.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).

Section 811: The section heading for Section 19.16.010 (Expiration of Tentative Maps (66452.6, 66463.5)) of Chapter 19.16 (Tentative Map Expeiration and Extension) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.16.010 Expiration of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5)."
Section 812: Section 19.16,020 (Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5)) of Chapter 19.16 (Tentative Map Expiration and Extension) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
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"19.16.020 Extension of Tentative Maps (Cal. Gov. Code Sections 66452.6, 66463.5).

A. Review of Extensions. Upon application by the subdivider filed before expiration of a tentative tract map or tentative parcel map, the original tentative map decision malting body may extend the time at which the map expires for a period or periods not exceeding a total of five years from the initial expiration date. Prior to expiration of an approved tentative map, upon the application by the subdivider to extend the map, the map shall be automatically extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the decision making body denies a request to extend a tentative map, the subdivider may appeal the denial to the City Council (for both tentative tract maps and tentative parcel maps) within fifteen (15) days after the denial in accordance with the provisions of Sections 19,12.050 and 19.12.060.

B. Extensions Due to Public Improvement Obligations, Moratoriums and Lawsuits. In addition to the extensions provided for in subsection (A) of this Section, the expiration of tentative maps shall be deferred in the following cases pursuant to the detailed provisions of Cal. Gov. Code Section 66452. :

1. Public Improvements and Development Agreements. The tentative map shall be automatically extended pursuant to Cal. Gov. Code Section 66452.6 if the subdivider is required to provide off -site public improvement requirements above the dollar amount specified in Cal. Gov. Code Section 66452.6. Extensions of tentative maps on property subject to a development agreement shall also be administered pursuant to that section.

2. Moratoriums. The period of time specified in subsection (A) of this Section, including any extensions granted pursuant to subsection (13)(1), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.

3. Lawsuits. The period of time specified in subsection (A) of this Section, including any extensions granted pursuant to subsection (13)(1), shall not include any period of time during which a lawsuit, involving the approval of the tentative map, is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the City pursuant to Cal. Gov. Code Section 66452.6."
Section 813: The Table of Contents for Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.20

VESTING TENTATIVE MAPS
Sections:

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19.20.010 Purpose (Cal. Gov. Code Section 66498.1).

19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2).

19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3).

19.20.040 Filing and Review.

19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov.

Code Sections 66498.1, 66498.6).

19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5).

19.20.070 Amendments to Vesting Tentative Maps (Cal. Gov. Code Section 66498.2).

Section 814: Section 19.20.010 (Purpose (66498.1)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.20.010 Purpose (Cal. Gov. Code Section 66498.1).

This Chapter is enacted to implement Cal. Gov. Code Sections 66498.1 et seq.

Whenever a provision of this Title 19 requires that a tentative tract map or tentative parcel map be filed, a vesting tentative tract map or tentative parcel map may be filed instead."
Section 815, The section heading for Section 19.20.020 (Vested Right to Proceed (66498.1, 66498.5, 66474.2)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.020 Vested Right to Proceed (Cal. Gov. Code Sections 66498.1, 66498.5, 66474.2)."
Section 816: Subsection (A) and of Section 19.20.020 (Vested Right to Proceed (Cal Gov. Code Sections 66498.1, 66498.5, 66474.2)) of Title 19 of the Code is hereby amended to read as follows:
"A. Right to Proceed with Development. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Cal.

Gov. Code Section 66474.2. However, if Cal. Gov. Code Section 66474.2 is repealed, 6-414

Ordinance No. 2023-

the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved."
Section 817: The section heading for Section 19.20.030 (Consistency of Vesting Map with Zoning (66498.3)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.030 Consistency of Vesting Map with Zoning (Cal. Gov. Code Section 66498.3)."
Section 818: The section heading for Section 19.20.050 (Vesting Tentative Maps and Conditions Imposed (66498.1, 66498.6)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in.the quotations below, to read as follows:
"19.20.050 Vesting Tentative Maps and Conditions Imposed (Cal. Gov. Code Sections 66498.1, 66498.6)."
Section 819: The section heading for Section 19.20.060 (Expiration of Map and Right to Proceed (66498.5)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.060 Expiration of Map and Right to Proceed (Cal. Gov. Code Section 66498.5)."
Section 820: The section heading for Section 19.20.070 (Amendments To Vesting Tentative Maps (66498.2)) of Chapter 19.20 (Vesting Tentative Maps) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.20.070 Amendments to Vesting Tentative Maps (Cal. Gov. Code Section 66498.2)."
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Section 821:The Table of Contents for Chapter 19.24 (Subdivision Design) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.24

SUBDIVISION DESIGN
Sections:

19.24.010
Streets and Highways.

19.24.020
Access to Arterials.

19.24.030
Sidewalks and Pedestrianways.

19.24.040
Bikeways and Equestrian Trails.

19.24.050
Lot Design.

19.24.060
Coastal Zone Subdivisions.

19.24.070
Landscaping.

19.24.080
Slopes and Grading.

19.24.090
Drainage and Flood Protection.

19.24.100
Subdivision Boundaries.

19.24.110
Energy Conservation (Cal. Gov. Code

19.24.120
Design of Other Improvements.

19.24.130
Deviation from Design Standards.

Section 66473.1).

Section 822: Section 19.24.110 (Energy Conservation (Section 66473.1)) of Chapter 19.24 (Subdivision Design) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.24.110 Energy Conservation (Cal. Gov. Code Section 66473.1).

In accordance with Cal. Gov. Code Section 66473.1, subdivisions of five (5) or more lots, other than condominium conversions, shall provide for, to the extent feasible, future passive or natural heating or cooling opportunities in the subdivision." Section 823:The Table of Contents for Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.28

SUBDIVISION IMPROVEMENTS
Sections:

19.28.010 General Improvement Requirements.

19.28.020 Compliance with City Traffic Ordinances,

19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).

19.28.040 Streets, Highways and Related Improvements.
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19.28.050 Street Lighting.

19.28.060 Water Supply.

19.28.070 Sanitary Sewers.

19.28.080 Storm Drains.

19.28.090 Utility Undergrounding.

19.28.100 Walls and Fences.

19.28.110 Other Improvements.

19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).

19.28.130 Waiver of Improvement Requirements.

Section 824: Section 19.28.030 (Limitations on Parcel Map Improvements (Section 66411.1)) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.28.030 Limitations on Parcel Map Improvements (Cal. Gov. Code Section 66411.1).

A. Limitation. In accordance with Cal. Gov. Code Section 66411.1, improvement requirements for parcel maps creating four or fewer lots shall be limited to the dedication of rights -of -way and easements and the construction of off -site and on -site improvements for the parcels being created. Requirements for the construction of such off -site and on -site improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map or by a separate instrument.

Such improvement requirements shall be recorded on, concurrently with or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

B. Timing of Improvements. Fulfillment of parcel map construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the City or until the time the construction of the improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the tentative parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City that fulfillment of the construction requirements is necessary for either of the following reasons: (1) The public health and safety, or (2) the required construction is a necessary prerequisite to the orderly development of the surrounding area."
Section 825: Section 19.28.060 (Water Supply) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.28.060 Water Supply.
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Each unit or lot within the subdivision shall be served by a domestic water system approved by the City Engineer. On -site water facilities shall be designed and constructed in accordance with the latest City -adopted revision of the Newport Beach Plumbing Code set forth in Chapter 15.08. Fire hydrants and fire flow capacity shall be approved by the Fire Chief. Water facilities and connections shall be in accordance with Title 14."
Section 826: Subsection (A) of Section 19.28.070 (Sanitary Sewers) of Chapter

19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Public Sewer Connection Required. All lots intended for building development shall be connected to a public sewer system. No septic tank or cesspools will be permitted.

Sewer facilities shall be designed and constructed in accordance with City standards, the applicable provisions of Chapter 14.24, and the latest revision of the Newport Beach Plumbing Code set forth in Chapter 15.08. Sewer cleanouts shall be provided to the satisfaction of the City Engineer."
Section 827: Section 19.28.120 (Improvement Oversizing (66485 et seq.)) of Chapter 19.28 (Subdivision Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.28.120 Improvement Oversizing (Cal. Gov. Code Section 66485 et seq.).

A. Oversizing. In accordance with Cal. Gov. Code Section 66485, the subdivider may be required to install improvements for the benefit of the subdivision which may be of supplemental size, capacity or number as will benefit property not within the subdivision, such improvements to be a condition precedent to the approval of a tentative tract or tentative parcel map and, thereafter, to dedicate such improvements to the public. Supplemental length may include minimum sized off -site sewer lines necessary to reach a sewer outlet in existence at that time.

B. Reimbursement. In accordance with Cal. Gov. Code Sections 66486 and 66487, in the event of the installation of oversized improvements pursuant to this Section, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision." . s

Ordinance No. 2023-

Section 828:The Table of Contents for Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.32

IMPROVEMENT PLANS
Sections:

19.32.010 Preparation and Submission of Improvement Plans.

19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).

19.32.030 Subdivider's Responsibility.

Section 829: Subsection (A) of Section 19,32.010 (Preparation and Submission of Improvement Plans) of Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Plan Preparation. Plans, profiles and details for proposed subdivision improvements shall be prepared under the direction of and signed by a civil engineer registered in the State. Such improvement plans shall contain information and shall be in a format as specified by the City Engineer. A written listing of required improvement plan information and format shall be provided by the City Engineer on request." Section 830: Section 19,32.020 (Review and Approval of Improvement Plans (66456.2)) of Chapter 19.32 (Improvement Plans) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.32.020 Review and Approval of Improvement Plans (Cal. Gov. Code 66456.2).

The City Engineer shall review and act upon improvement plans in accordance with the time limits specified in Cal. Gov. Code Section 66456.2. After review of submitted improvement plans, the City Engineer shall indicate any required revisions to the plans.

Subsequently, upon finding that all required revisions have been completed and that the improvement plans are consistent with all tentative map conditions of approval, the General Plan, any applicable specific plans and this Subdivision Code, the City Engineer shall sign and date the plans. Upon such signing, improvement plans shall become property of the City."
Section 831:The Table of Contents for Chapter 19.36 (Completion of Improvements) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.36

COMPLETION OF IMPROVEMENTS
Sections:

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19.36.010 Improvement Agreements (Cal. Gov. Code Section 66462).

19.36.020 Acquisition of Land for Off -site Improvements (Cal. Gov. Code Section 66462.5).

19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).

19.36.040 Reduction of Security with Special Assessments (Cal. Gov.

Code Section 66499.5).

19.36.050 Inspection and Acceptance of Improvements.

19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).

19.36.070 Forfeiture of Security.

Section 832: The section heading for Section 19.36.010 (Improvement Agreements (66462)) of Chapter 19.36 (Completion of improvements) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:

A9.36.010 Improvement Agreements (Cal. Gov. Code Section 66462)." Section 833: Section 19.36.020 (Acquisition of Land for Off -site Improvements (66462.5)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.36.020 Acquisition of Land for Off -site Improvements (Cal. Gov. Code Section 66462.5).

If a subdivider is required to construct off -site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, acquisition of land or right-of-way for such improvements shall be carried out in accordance with Cal.

Gov. Code Section 66462.5."
Section 834: Section 19.36.030 (Improvement Security (66499 et seq.)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.36.030 Improvement Security (Cal. Gov. Code Section 66499 et seq.).

Improvement security shall be in a form as prescribed by Cal. Gov. Code Section 66499. The amount of security shall include all of the following:
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Ordinance No. 2023-

A. Performance Security. One hundred percent of the total estimated improvement construction cost to guarantee the construction or installation of all improvements.

B. Material and Labor Security. An additional amount of between fifty (50) percent and one hundred (100) percent, as determined by the City Engineer, of the total estimated improvement construction cost to guarantee payment to the subdivider's contractor, subcontractors and persons supplying material, labor or equipment for the construction or installation of improvements.

C. Warranty Security. An additional amount, as determined by the City Engineer, necessary to warranty the improvement construction for a period of one year following City acceptance thereof against any defective work or materials.

D. Additional Security. If the improvement security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional security amount shall be provided as determined by the City Engineer necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the City in successfully enforcing the obligation secured." Section 835: The section heading for Section 19.36.040 (Reduction of Security with Special Assessments (66499.5)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.36.040 Reduction of Security with Special Assessments (Cal. Gov. Code Section 66499.5)."
Section 836: Section 19.36.060 (Release of Security (66499.7)) of Chapter 19.36 (Completion of Improvements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.36.060 Release of Security (Cal. Gov. Code Section 66499.7).

Security provided in accordance with this chapter shall be released pursuant to the provisions of Cal. Gov. Code Section 66499.7."
Section 837:The Table of Contents for Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as follows:
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Ordinance No. 2023-

Chapter 19.40

GENERAL DEDICATION REQUIREMENTS
Sections:

19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2).

19.40.020 Coastal Access and Open Space Dedications.

19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476).

19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).

19.40.060 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).

Section 838: The section heading for Section 19.40.010 (Dedication of Streets and Other Facilities (66475, 66475.1, 66475.2)) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.40.010 Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475A, 66475.2)."
Section 839: Subsection (C) of Section 19.40.010 (Dedication of Streets and Other Facilities (Cal. Gov. Code Sections 66475, 66475.1, 66475.2)) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"C. Transit Facilities. The City may require dedication of transit facilities, such as bus turnouts, benches, shelters and similar facilities, for subdivisions identified in Cal. Gov.

Code Section 66475.2."
Section 840: Section 19.40.020 (Coastal Access and Open Space Dedications) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.40.020 Coastal Access and Open Space Dedications.

When the Local Coastal Program Land Use Plan, adopted pursuant to Cal. Pub.

Resources Code Division 20 (California Coastal Act), indicates the location of a public accessway or any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map and offered for dedication to the City. When an accessway, open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or conservation area, whether public or private, shall be identified on the map."
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Ordinance No. 2023-

Section 841: The section heading
Rights (66476)) of Chapter 19.40 (General
Code is hereby deleted in its entirety and
quotations below, to read as follows:
for Section 19.40.030 (Waiver of Access
Dedication Requirements) of Title 19 of the
replaced with the heading set forth in the
"19.40.030 Waiver of Access Rights (Cal. Gov. Code Section 66476)." Section 842: Section 19.40.040 (Acceptance of Offers of Dedication (66477.1, 66477.2, 66477.3)) of Chapter 19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.40.040 Acceptance of Offers of Dedication (Cal. Gov. Code Sections 66477.1, 66477.2, 66477.3).

Acceptance, rejection and termination of offers of dedication shall be in accordance with Cal. Gov. Code Sections 66477.1 through 66477.3."
Section 843: Section 19.40.050 (Certificates of Dedication (66477.5)) of Chapter

19.40 (General Dedication Requirements) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.40.050 Certificates of Dedication and Reconveyance (Cal. Gov. Code Section 66477.5).

A. Certificate to be Recorded. The City shall record a certificate with the County Recorder regarding property to be dedicated in fee for public purposes or for making public improvements or for construction of public facilities, other than for open space, parks or schools. The certificate shall be attached to the final map and shall contain the information specified in Cal. Gov. Code Section 66477.5.

B. Reconveyance Upon Determination that Need No Longer Exists. If the City has determined that the same public purpose for which the dedication was required does not exist, it shall reconvey the property to the subdivider specified in subsection (A) of this Section or to the subdivider's successor in interest, except for all or any portion of the property that is required for that same public purpose or for public utilities.

C. Notice to Subdivider Before Disposition of Dedicated Property. If the City decides to vacate, lease, sell or otherwise dispose of the dedicated property, the local agency shall give at least sixty (60) days notice to the subdivider whose name appears on the certificate before vacating, leasing, selling or otherwise disposing of the dedicated property. This notice is not required if the dedicated property will be used for the same public purpose for which it was dedicated."
Section 844: The Table of Contents for Chapter 19.48 (School Sites and Fees) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.48
SCHOOL. SITES AND FEES
Sections:

Ordinance No. 2023-

19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478).

19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).

19.48.030 High School Sites.

Section 845: Section 19.48.010 (Dedication of Elementary School Sites (66478)) of Chapter 19.48 (School Site Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.48.010 Dedication of Elementary School Sites (Cal. Gov. Code Section 66478)."
Section 846: Section 19.48.020 (Fees for Interim Classroom Facilities (Cal. Gov.

Code Section 65974, 65995)) of Chapter 19.48 (School Sites and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.48.020 Fees for Interim Classroom Facilities (Cal. Gov. Code Sections 65974, 65995).

Pursuant to Cal. Gov. Code Section 65974, the City may impose fees or dedication requirements on new residential subdivisions for the purpose of providing interim school classroom facilities to alleviate conditions of overcrowding which may be caused by new residential development. Fee and dedication procedures shall be in accordance with Cal. Gov. Code, Sections 65970-65981 and 65995-65998, respectively.° Section 847:The Table of Contents for Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.52

PARK DEDICATIONS AND FEES
Sections:

19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).

19.52.020 Applicability (Cal. Gov. Code Section 66477).

19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477).
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19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).

19.52.050 Determination of Land or Fee.

19.52.060 Dedication of Land (Cal. Gov. Code Section 66477).

19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477).

19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477).

19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).

Section 848: Section 19.52.010 (Purpose and Intent (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.52.010 Purpose and Intent (Cal. Gov. Code Section 66477).

This Chapter is intended to provide for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development. These provisions are in accordance with the Recreation and Open Space Element of the General Plan and with Cal. Gov. Code Section 66477 (known as the Quimby Act)."
Section 849: The section heading for Section 19.62,020 (Applicability (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.020 Applicability (Cal. Gov. Code Section 66477)." Section 850: The section heading for Section 19.52.030 (Use of Park Dedications and Fees (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.030 Use of Park Dedications and Fees (Cal. Gov. Code Section 66477)." Section 851: Section 19.52.040 (Parkland Standard (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
°19.52.040 Parkland Standard (Cal. Gov. Code Section 66477).

Per figures from the 2000 Federal census and the City's Recreation and Open Space Element, the amount of neighborhood and community park acreage in the City is five and one -tenth (5 1110) acres per one thousand (1000) population. Per Cal, Gov. Code Section 66477, the City may use its existing parkland ratio, based on data from the most recent available Federal census, as its park dedication standard for new subdivisions, 6-425

Ordinance No. 2023-

provided required dedications do not exceed five acres per thousand persons residing within a subdivision. Therefore, the City's park dedication standard shall be five acres per thousand population."
Section 852, The section heading for Section 19.52.060 (Dedication of Land (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.060 Dedication of Land (Cal. Gov. Code Section 66477)." Section 853. The section heading for Section 19.52.070 (Fee in Lieu of Dedication (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.070 Fee in Lieu of Dedication (Cal. Gov. Code Section 66477)." Section 854: The section heading for Section 19.52.080 (Credit for Private Recreational Facilities (66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.080 Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477)."
Section 855: Subsection (A) Section 19.52,080 (Credit for Private Recreational Facilities (Cal. Gov. Code Section 66477)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Authority to Grant Credit. The tentative map decision making body may grant credit for private recreational facilities provided within common interest developments, as defined in Cal. Civ. Code Section 4100, against required land dedications or in lieu fees in accordance with the provisions of this Section."
Section 856: The section heading for Section 19.52.090 (Timing of Dedications (66477.1)) of Chapter 19.52 (Park Dedications and Fees) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.52.090 Timing of Dedications (Cal. Gov. Code Section 66477.1).'° 6-426

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Section 857:The Table of Contents for Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as follows
Chapter 19.56

FINAL MAP FILING
Sections:

19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).

19.56.020 Final Map Application (Cal. Gov. Code Sections 66433 — 66450).

19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).

19.56,040 Dedications (Cal. Gov. Code Sections 66439, 66447).

19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).

19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1) Section 858: Section 19.56.010 (Preparation of Final Maps) (66456, 66457, 66463)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.56.010 Preparation of Final Maps (Cal. Gov. Code Sections 66456, 66457, 66463).

A. Definition. For purposes of this Code, the term "final map" shall encompass both final tract maps and final parcel maps. The procedures for filing and processing of final parcel maps shall be the same as those set forth in this chapter for a final tract map.

B. Final Maps. After the approval or conditional approval of a tentative tract or tentative parcel map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map prepared and filed with the City Engineer in accordance with the approved or conditionally approved tentative map.

Final maps shall be filed prior to expiration of the applicable tentative map, as required in Chapter 19.16 (Tentative Map Expiration and Extension).

C. Form and Content. The form and content of final maps shall be as specified in Cal.

Gov. Code Sections 66433 through 66450, as administered and interpreted by the City Engineer."
Section 859: The section heading for Section 19.56.020 (Final Map Application (66433 - 66450)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.56A20 Final Map Application (Cal. Gov. Code Sections 66433 — 66450)." 6-427

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Section 860: Section 19.56.030 (Completeness of Application) (Cal. Gov. Code Section 65943)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.56.030 Completeness of Application (Cal. Gov. Code Section 65943).

A. Determination of Completeness. Not later than thirty (30) days after receipt of a final map application, the City Engineer shall determine whether the application is complete and shall immediately transmit the determination in writing to the applicant. If the written determination of completeness is not made within thirty (30) days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this title.

B. Reasons for Incompleteness. If an application is determined to be not complete, the notification to the subdivider shall identify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. Other details regarding determination of completeness of subdivision applications shall be in accordance with Cal. Gov. Code Section 65943."
Section 861: The section heading for Section 19.56.040 (Dedications (66439, 66447)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.56.040 Dedications (Cal. Gov. Code Sections 66439, 66447)." Section 862: Section 19.56.050 (Survey and Monumentation) (66434, 66495 et. seq.)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.56.050 Survey and Monumentation (Cal. Gov. Code Sections 66434, 66495 et seq.).

Survey and monumentation for final maps shall be carried out in accordance with Cal.

Gov. Code Sections 66434 and 66495 et seq. and the requirements of City Design Criteria to the satisfaction of the City Engineer. In addition, all surveys shall tie into the County"s grid system and Geographic Information System monuments." Section 863: The section heading for Section 19.56.060 (Multiple Final Maps (66456.1, 66463.1)) of Chapter 19.56 (Final Map Filing) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
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"19.56.060 Multiple Final Maps (Cal. Gov. Code Sections 66456.1, 66463.1)." Section 864:The Table of Contents for Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.60

FINAL MAP REVIEW
Sections:

19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1).

19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).

19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 66493, 66494).

19.60.040 Recordation of Final Maps (Cal. Gov. Code Sections 66464, 66493).

19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2).

Section 865: The section heading for Section 19.60.010 (City Council Review (66458, 66463, 66474.1)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.60.010 City Council Review (Cal. Gov. Code Sections 66458, 66463, 66474.1)." Section 866: Section 19.60.020 (Acceptance or Rejection of Dedications (66458, 66463, 66474.1)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.60.020 Acceptance or Rejection of Dedications (Cal. Gov. Code Sections 66477.1, 66477.2).

At the time of approval of a final map, the City Council shall accept, accept subject to improvement or reject any offers of dedication at the time of final map approval. The City Clerk shall certify or state on the map the action by the City Council. If an offer of dedication which directly benefits the residents of a subdivision is rejected, the offer shall remain open and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept the offer of dedication.

Other provisions regulating rejection of offers of dedication shall be as set forth in Cal.

Gov. Code Section 66477.2."
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Section 867: Section 19.60.030 (Payment of Taxes and Assessments (66493, 66494)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.60.030 Payment of Taxes and Assessments (Cal. Gov. Code Sections 66493, 66494).

Whenever any part of a subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final tract or parcel map shall not be recorded until the owner or subdivider complies with Cal. Gov. Code Section 66493. If such taxes or special assessments are allowed to become delinquent, the County shall recover from the security required under Cal. Gov. Code Section 66493 in accordance with the provisions of Cal. Gov. Code Section 66494."
Section 868: The section heading for 19.60.040 (Recordation of Final Maps (66464, 66493)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
1119.60.040 Recordation of Final Maps (Cal. Gov. Code Section 66464, 66493)." Section 869: The section heading for 19.60.050 (Additional Information to be Recorded (66434.2)) of Chapter 19.60 (Final Map Review) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.60.050 Additional Information to be Recorded (Cal. Gov. Code Section 66434.2)."
Section 870: The Table of Contents for Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.64

CONVERSION OF RENTAL UNITS TO OWNERSHIP
Sections:

19.64.010 Purpose and Intent.

19.64.020 Definitions.

19.64.030 General Requirements.

19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.8, 66452.9).

19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427A).

19.64,060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).

19.64.070 Standards for Condominium Conversions.
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19.64.080 Modification or Waiver of Conversion Standards.

19.64.090 Condominium Conversion Fees.

19.64.100 Exemptions.
19,64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).

Section 871: Subsection (B) of Section 19.64.010 (Purpose and Intent) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"B. Intent. The intent of this chapter is as follows:

1. Residential Conversions. The City Council finds that residential condominiums, community apartment and stock cooperative types of ownership, as defined in Cal. Civ.

Code Sections 4105, 4125 and 4190, differ from rental apartments with respect to design, type of construction and maintenance controls, and therefore that the development standards in this chapter are necessary for the protection of the community, existing rental tenants and the purchasers of the converted units. It is also the intent of these regulations to maintain a balanced mix between ownership and rental housing in order to assure the development of a variety of housing types to serve the needs of the community.

2. Nonresidential Conversions. The City Council also finds that nonresidential condominiums, community apartment and stock cooperative types of ownership, as defined in Cal. Civ. Code Sections 4105, 4125 and 4190, differ from rental units with respect to design, type of construction and maintenance controls, and therefore that the development standards in this chapter are necessary for the protection of the community, existing rental tenants and the purchasers of the converted units.

Section 872: Subsection (A) of Section 19.64.020 (Definitions) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Condominium, Community Apartments and Stock Cooperatives. The term "condominium" shall encompass condominium projects, community apartment projects and stock cooperatives, as defined in Cal. Civ. Code Sections 4105, 4125 and 4190." Section 873: Subsection (A) of Section 19.64.030 (General Requirements) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"A. Where Permitted. If approved under the provisions of this chapter and Title 20 (Zoning Code), residential condominium conversions may be allowed in any district in 6-431

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which residential uses are permitted, including planned communities, except within the R-BI District (Balboa Island). Nonresidential condominium conversions may be allowed in any district in which such uses are permitted."
Section 874: Section 19.64.040 (Tenant Notification (Cal. Gov. Code Sections 64427.1, 66452.8)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.64.040 Tenant Notification (Cal. Gov. Code Sections 66427.1, 66452.8, 66452.9).

Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows:

A. Existing Tenants. At least sixty (60) days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Cal. Gov Code Section 66462.18 to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum of one hundred eighty (180) days' advance notice of the termination of their tenancy.

B. Prospective Tenants. At least sixty (60) days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Cal. Gov. Code Section 66452.17 to each person applying after such date for rental or lease of a unit of the subject property.

Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in Cal. Gov. Code Section 66452.17.

C. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Community Development Director that the notification requirements specified in subsections (A) and (B) of this section have been or will be satisfied."
Section 875: Section 19.64.050 (Tenant Purchase Option (66427.1)) of Chapter

19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.64.050 Tenant Purchase Option (Cal. Gov. Code Section 66427.1).

The property owner shall provide tenants with an exclusive right to purchase his or her respective unit upon the same or more favorable terms and conditions than those on which such unit will be initially offered to the general public. Such right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision 6-432

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public report pursuant to Cal. Bus. & Prof. Code Section 11018.2 unless the tenant gives prior written notice of his or her intention not to exercise the right." Section 876: The section heading for Section 19.64.060 (Review Procedures (66427.1, 66427.2)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.64.060 Review Procedures (Cal. Gov. Code Section 66427.1, 66427.2).°' Section 877: Subsections (B) and (C) of Section 19.64.060 (Review Procedures (Cal. Gov. Code Sections 66427.1, 66427.2)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code are hereby amended to read as set forth in the quotations below:
"B. Tentative Map Review. Tentative maps shall be approved or denied by the tentative map decision making body. Decisions on the conversion of existing buildings into condominiums or stock cooperatives shall be governed by the provisions and limitations of Cal. Gov. Code Section 66427.2.

C. Council Findings for Residential Conversions. For residential conversions, no final map for a condominium conversion shall be approved unless the City Council makes all of the findings set forth in Cal. Gov. Code Section 66427.1 regarding tenant notification, right to purchase and other requirements."
Section 878: Section 19.64.110 (Agreement to Retain Rental Housing (66452.50)) of Chapter 19.64 (Conversion of Rental Units to Ownership) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.64.110 Agreement to Retain Rental Housing (Cal. Gov. Code Section 66452.50).

In addition to the provisions in this chapter regarding condominium conversions, the City may, in connection with the approval of a tentative or final map for a new residential condominium project requiring approval of a tentative or final map pursuant to this Code, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing for a period of not less than ten (10) years from the date a certificate of occupancy has been issued for the units within the development subject to the provisions of Cal. Gov. Code Section 66452.50." Section 879:Section 19.68.010 (Purpose and Intent) of Chapter 19.68 (Merger of Contiguous Lots) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
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"19.68.010 Purpose and Intent.

The provisions of this chapter are intended to provide for the merger of parcels as authorized by Cal. Gov. Code Section 66499.20.3. These provisions are intended to be consistent with the Subdivision Map Act and shall be so construed.:

Section 880: Subsection (B) of Section 19.68.020 (Exemptions) of Chapter 19.68 (Merger of Contiguous Lots) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"B. Lots in R-BI District. On any site of less than five thousand (5,000) square feet which existed prior to March 10, 1976, a two-family dwelling may be constructed; provided, that there shall be not less than one thousand (1,000) square feet of land area for each family unit."
Section 881:The Table of Contents for Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as follows:

Chapter 19.72

REVERSIONS TO ACREAGE
Sections:

19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11).

19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).

19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).

19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).

19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18 et seq.).

Section 882: The section heading for Section 19.72.010 (Purpose and Intent (66499.11)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.72.010 Purpose and Intent (Cal. Gov. Code Section 66499.11)." Section 883: Section 19.72.020 (Initiation and Filing (66499.12, 66499.13, 66499.14)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
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19.72.020 Initiation and Filing (Cal. Gov. Code Sections 66499.12, 66499.13, 66499.14).

A. Initiation. Reversions to acreage may be initiated by motion of the City Council or by petition of all of the parcel owners within the subdivision.

B. Filing. Application for a reversion to acreage shall be made on forms provided by the Community Development Department and shall include the information and materials specified in Cal. Gov. Code Section 66499.13. A filing fee may be required as established by resolution of the City Council."
Section 884: Section 19.72.030 (Review Process and Findings (66499.15, 66499.16)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.72.030 Review Process and Findings (Cal. Gov. Code Sections 66499.15, 66499.16).

The City Council shall review reversions to acreage at a noticed public hearing. In approving a reversion to acreage, the Council shall make all findings set forth in Cal.

Gov. Code Section 66499.16."
Section 885: Section 19.72.040 (Conditions Imposed on Reversions (66499.17)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.72.040 Conditions Imposed on Reversions (Cal. Gov. Code Section 66499.17).

As conditions of approval of a reversion to acreage, the City Council shall require all conditions set forth in Cal. Gov. Code Section 66499.17." Section 886:Section 19.72.050 (Recordation of Reversions (66499.18. et seq.)) of Chapter 19.72 (Reversions to Acreage) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.72.050 Recordation of Reversions (Cal. Gov. Code Section 66499.18. et seq.) Recordation and release of security shall be in accordance with Cal. Gov, Code Section 66499.18 et seq."
Section 887: The Table of Contents for Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby amended to read as follows:
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Chapter 19.80

CERTIFICATES OF COMPLIANCE
Sections:

Ordinance No. 2023-_

19.80.010 Description (Cal. Gov. Code Section 66499.36).

19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).

Section 888:The section heading for Section 19.80.010 (Description (66499.35)) of Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"19.80.010 Description (Cal. Gov. Code Section 66499.35)." Section 889: Section 19.80.020 (Review Per Map Act (Cal. Gov. Code Section 66499.35)) of Chapter 19.80 (Certificates of Compliance) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:
"19.80.020 Review Per Map Act (Cal. Gov. Code Section 66499.35).

The Community Development Director shall process certificates of compliance in accordance with the provisions of Cal. Gov. Code Section 66499.35." Section 890: Section 19.90.010 (Purpose and Scope) of Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19 of the Code is hereby amended to read as set forth in the quotations below:

19.90.010 Purpose and Scope.

This chapter serves to implement Cal. Gov. Code Section 66411.7 to provide an owner an alternative method to subdivide a lot for residential development. For purposes of this chapter, "urban lot split" means the subdivision of an existing legal lot to create one additional lot in R-A and R-1 zoning districts or areas designated for single -unit residential within a planned community development plan or specific single-family residential use zone."
Section 891:Subsections (B), (D), and (F) of Section 19.90,020 (Application and Review of Tentative Parcel Maps for Urban Lot Splits) of Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19 of the Code are hereby amended to read as set forth in the quotations below:

Subsection (B) of Section 19.90.020 shall read as set forth in the quotations below.
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"13. Application Fee. The application shall be accompanied by the required application fee(s), as established by resolution of the City Council. Such fees shall be in accordance with Cal. Gov. Code Section 66451.2 and shall not exceed the amount reasonably required to administer provisions of this title." below:Subsection (D) of Section 19.90.020 shall read as set forth in the quotations "D. Supplemental Information. In addition to the items identified in subsection (C) of this section, the following supplemental information shall be submitted with a tentative parcel map application to establish compliance with the construction plans and all provisions of this Code and applicable State law:

1. A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot; b. Zoning district and General Plan land use category;
c. The location and use of all existing and proposed structures; d. All required zoning setbacks for the existing and proposed lots; e. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
f. The location of all proposed new water, sewer, electricity, storm drain, lines, pipes, or systems;
g. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public right-of-way.

2. A statement of the owner, signed under penalty of perjury under the laws of California, that;
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a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:

L Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income,
ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;
iii. A lot or lots on which an owner of residential real property has exercised the owner's rights Cal. Gov. Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years prior to the date that the development proponent submits an application;
iv. Housing that has been occupied by a tenant in the last three years; b. The lot has not been established through prior exercise of an urban lot split under this chapter;
c. Neither the owner of the lot being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent lot under the provisions of this chapter;
d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the final parcel map; e. Rental terms of any unit created by the subdivision shall not be rented for a period of less than thirty (30) days; and
f. The uses allowed on a lot created by the parcel map shall be limited to residential uses."
Subsection (F) of Section 19.90.020 shall read as set forth in the quotations below:
"F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative parcel map for urban lot split if the Zoning Administrator makes written finding(s), based upon a preponderance of the evidence, that it would have a specific, adverse impact, as defined and determined in Cal. Gov. Code Section 65589.5(d)(2), , upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." . � s

Ordinance No. 2023-

Section 892: The Table of Contents for Title 20 (Planning and Zoning) of the Code is hereby amended to read as follows:

Chapters:

Title 20
PLANNING AND ZONING*
Part 1. Zoning Code Applicability

20.10 Purpose and Applicability of the Zoning Code

20.12 Interpretation of Zoning Code Provisions

20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses,
and Zoning District Standards

20.16 Development and Land Use Approval Requirements

20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)

20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)

20.22 Mixed -Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV115th St., MU-W1, MU-W2)

20.24 Industrial Zoning District (IG)

20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)

20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards

20.30 Property Development Standards

20.32 Density Bonus

20.36 Landscaping Standards

20.38 Nonconforming Uses and Structures

20.40 Off -Street Parking

20.42 Sign Standards

20.44 Transportation Demand Management Requirements

20.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses

20.48 Standards for Specific Land Uses

20.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
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20.50 Permit Application Filing and Processing

20.52 Permit Review Procedures

20.54 Permit Implementation, Time Limits, and Extensions

20.56 Planned Community District Procedures

20.58 Specific Plan Procedures
Part 6. Zoning Code Administration

20.60 Administrative Responsibility

20.62 Public Hearings

20.64 Appeals

20.66 Amendments

20.68 Enforcement

20.70 Definitions

20.80 Maps
Part 7. Definitions
Part 8. Maps
Part 9. Specific Plans

20.90 Santa Ana Heights Specific Plan

20.91 (Reserved)

20.92 (Reserved)
Section 893: Subsection (A) of Section 20.10.050 (Responsibility for Administration) of Chapter 20.10 (Purpose and Applicability of the Zoning Code) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"A. Responsible Authority, This Zoning Code shall be administered by: City Council, hereafter referred to as the "Council"; the Planning Commission, hereafter referred to as the "Commission"; the Community Development Director, hereafter referred to as the "Director"; the Zoning Administrator; and the Community Development Department, hereafter referred to as the "Department," and any other City official or body as specifically identified."
Section 894:Table 2-2 of Section 20.18.030 (Residential Zoning Districts General Development Standards) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 of the Code is hereby amends the row titled "Bluff edge setback" to read as follows:

Table 2-2
Bluff edge [As provided in Section 20.28.040 (Bluff (B) Overlay District). See also MOM

Ordinance No. 2023-

setback Section 21.28.040
Section 895: Table 2-4 of 20.20,020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code hereby amends the row titled " Take Out Service — Fast Casual(up to 20 seats)(1)(2)" and add the row entitled "Alcohol Sales (off-sale)(with late hours)(1)" to read as follows:

Table 2-4
Take -Out Service —Fast -Casual (up to
PIMUP
PIMUP
PIMUP
PIMUP
Section 20.48.
20 seats) (1) (2)
090
Alcohol Sales (off -sale) (with late
CUP
CUP
CUP
CUP
Section
hours) (1)

20.48.030
Section 896: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended to read as set forth in the quotations below:
"(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service -- Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 897:Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code hereby amends the row titled "Take -Out Service — Fast Casual (up to 20 seats)(1)(2)" and adds the row titled "Alcohol Sales (off-sale)(with late hours)(1)" to read as follows:

Table 2-5
Take -Out Service —Fast-
PIMUP
PIMUP
PIMUP
PIMUP

PIMUP PIMUP
Section
Casual (up to 20 seats) (1) (2)

20.48.090
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Alcohol Sales (off -sale) (with CUP
CUP
CUP
CUP
CUP
CUP
Section
late hours) (1)

20.48.030
Section 898: Note (2) of Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"(2) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 899: Table 2-8 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV115TH ST., MU-W1, MU-W2) of Title 20 of the Code hereby amends the row titled "Take -Out Service — Fast Casual (up to 20 seats)(4)(5)" and adds the row titled "Alcohol Sales (off-sale)(with late hours)(4)" to read as follows:

Take -Out Service —Fast -Casual (up to
PIMUP
PIMUP
PIMUP
PIMUP
Section 20.4.8.090
20 seats) (4) (5)
Alcohol Sales (off -sale) (with late
CUP
CUP
CUP
Section 20.48.030
hours) (4)
Section 900: Note (5) of Table 2-8 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CVI15TH ST., MU-W1, MU-W2) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"(5) Permitted or Minor Use Permit Required.
a. For Take -Out Service — Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
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b. Except as provided in (5)(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 901: Table 2-9 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CVI15TH ST., MU-W1, MU-W2) of Title 20 of the code hereby amends the row titled "Take -Out Service —Fast -Casual (up to 20 seats) (3)(4)" to read as follows:
ake-Out Service---Fast-Casual (up to 20 seats) (3)(4) JPIMUP JPIMUP ISection 20.48.090 Section 902: Note (4) of Table 2-9 of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements.) of Chapter 20.22 (MIXED -USE ZONING DISTRICTS (MU-V, MU-MM, MU-DW, MU-CV115TH ST., MU-W1, MU-W2) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"(4) Permitted or Minor Use Permit Required.
a. For Take -Out Service --- Fast Casual (up to 20 seats), a minor use permit shall be required for any use located within one hundred (100) feet of any residential zoning district.
b. Except as provided in 4(a), a minor use permit shall be required for any use located within five hundred (500) feet of any residential zoning district. c. A minor use permit shall be required for any use that maintains late hours." Section 903: Subsection (13)(3) of Section 20.28.020 (Mobile Home Park (MHP) Overlay Zoning District) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the Cal. Gov. Code.
a. A phase out plan shall not be found to be acceptable unless it includes all of the following:
i. A time schedule and method by which existing mobile homes, cabanas, ramadas, and other substantial improvements and tenants are to be relocated or appropriately compensated;
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ii. Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants who are handicapped; and iii. The programs or other means that are to be implemented properly address the housing impacts on those described in subsection (B)(3)(a)(ii) of this section are mitigated.
b. For purposes of this finding, "low and moderate incomes" shall be defined in compliance with the provisions of the City's Housing Element." Section 904:Subsection (D) of Section 20.28.040 (Bluff (B) Overlay District) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is hereby amended to read as set forth in the quotations below. "D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibit adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibit B-1) All contour lines refer to NAVD 88 contours.

1. Kings Place (104-112 and 204-224).
a. Development Area A. Between the front property line adjacent to Kings Place and the development line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb adjacent to the lot. b. Development Area C. All portions of the lot not located in Area A.

2. Kings Place (116-200).
a. Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map.
b. Development Area B. All portions of the lot not located in Area A or C. c. Development Area C. Between the down slope boundary of Area A and a development line established at the twenty-six (26) foot contour line. d. Additional Development Standards. Sport courts are allowed in Area B.

Enclosed accessory structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400) square feet (cumulative) in area shall be allowed in Area B."

Ordinance No. 2023-

Section 905: Subsection (A) of Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of Chapter 20.30 (Property Development Standards) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"A. Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Cal. Pub. Resources Code Section 429001 and Chapter 6.04 and Chapter 6.06."
Section 906: Subsections (L) and (0) of Section 20.32.020 (Definitions) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as set forth below:
below: Subsection (L) of Section 20.32.020 shall read as set forth in the quotations "L. 'Lower -income student' means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed. Code Section 69432.7(k)(1). The eligibility of a student to occupy a unit for lower -income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government."
below: Subsection (0) of Section 20.32.020 shall read as set forth in the quotations "O. 'Specific adverse impact' means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility to claim a welfare exemption under Cal. Rev. & Tax. Code of Section 214 (G)." Section 907: Subsection (A)(8) of Section 20.32.030 (Eligibility for Density Bonus and Incentives) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12, that has at least thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing older persons in compliance with Cal. Civ. Code Section 798.76 or 799.5."
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Section 908: Subsection (C)(4) of Section 20.32.050 (Allowed Density Bonuses) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"4. Priority for the affordable units shall be given to lower -income students experiencing homelessness. A homeless service provider, as defined in Cal. Health & Saf. Code Section 103577(3)(e), or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subsection."
Section 909: Subsections (13)(3)(b)(c) of Section 20.32.060 (Parking Requirements in Density Bonus Projects) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as set forth in the quotations below:
"b. The housing development is a for -rent housing development for individuals who are sixty-two (62) years of age or older that meet the definition in Cal. Civ. Code Sections 51.2 and 51.3 and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight (8) times per day; or
c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf. Code Section 51312, or supportive housing development as defined in Cal. Health & Saf. Code Section 50675.14, and the housing development has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at least eight (8) times per day."
Section 910: Subsection (B) of Section 20.32.130 (Continued Availability) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"B. Affordable Costs. The rents and owner -occupied costs charged for the housing units shall not exceed the following amounts during the period of continued availability required by this section:

1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal. Health & Saf. Code Section 50053; and

2. Owner -Occupied Units. Owner -occupied units shall be available at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5." Section 911: Subsections (A)(1), (A)(2)(a), and (B)(2) of Section 20.32.140 (Occupancy and Resale of Ownership Units) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are hereby amended to read as set forth below:

Ordinance No. 2023-

Subsection (A)(1) of Section 20.32.140 shall read as set forth in the quotations below.
"I , The unit is initially occupied by a very low-, low-, or moderate -income household, offered at an affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5, and subject to an equity sharing agreement."
Subsection (A)(2)(a) of Section 20.32.140 shall read as set forth in the quotations below.
"a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3) and has received a welfare exemption under Cal. Rev. & Tax. Code Section 214.15 for properties intended to be sold to low-income households who participate in a special no -interest loan program;"
Subsection (B)(2) of Section 20.32. 140 shall read as set forth in the quotations below.
"2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in Cal. Health & Saf. Code Section 33334.2(e) that promote home ownership.

For the purposes of this section:
a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value;
b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale; and c. The initial subsidy shall include any incentives granted by the City and shall be equal to the monetary equivalent of the incentives."
Section 912: Chapter 20.34 (Conversion or Demolition of Affordable Housing) of Title 20 of the Code is hereby deleted in its entirety.

Section 913: Subsection (F) of Section 20.42.030 (General Provisions) of Chapter 20.42 (Sign Standards) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first 6-447

Ordinance No. 2023-

adopted. The City adopts this policy in compliance with Cal. Gov. Code Section 65860 and Cal. Bus. & Prof. Code Sections 5354(a) and 5408.3. Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by Cal. Bus. & Prof. Code Section 5412." Section 914: Subsection (C)(2)(b)(i) of Section 20.48.030 (Alcohol Sales) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:

1. A pattern of documented violations of the permit conditions, this Zoning Code, this Code, the Cal. Pen. Code, or other State statutes; or"
Section 915:Subsection (A)(3) of Section 20.48.060 (Bed and Breakfast Inns) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"3. Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with Cal. Bus. & Prof. Code Section 24045,12, a bed and breakfast inn may sell alcohol to registered guests only; provided, that the establishment has an approved ABC License Type 80 (Special On -Sale General B and B license)." Section 916: Subsection (G)(2)(b)(i) of Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:

1. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Cal. Pen. Code, or other State statutes; or" Section 917: Without making any changes to the subsections, the introductory paragraph to Section 20.48.100 (Emergency Shelters) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"This section provides standards for the establishment and operation of emergency shelters in compliance with Cal. Gov, Code Section 65583.11 Section 918: Subsections (A), (13)(4), fl(3)(c)(iii) and (J) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code are hereby amended to read as set forth below:
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Subsection (A) of Section 20.48.200 shall read as set forth in the quotations below:
"A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Park 7 (Definitions) of this title and in Cal. Gov. Code Sections 65852.2 and 65852.22, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City." Subsection (B)(4) of Section 20.48.200 shall read as set forth in the quotations below.•
"4. Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Section 17980.12."
Subsection (F)(3)(c)(iii) of Section 20.48.200 shall read as set forth in the quotations below.
"iii. An accessory dwelling unit constructed on a loft with an existing or proposed single - unit or multiunit dwelling that is located within one -half -mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Cal. Pub.

Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit." Subsection (J) of Section 20.48.200 shall read as set forth in the quotations below:
"J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed -use properties that are determined to be historic shall be approved ministerially, in conformance with Cal. Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable."
Section 919:The introductory paragraph and Subsections (13)(3)(c)(d)(e), (13)(4)(b)(i)(ii), (13)(4)(m), and (13)(5)(g) of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning Districts) of 6-449

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Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code are hereby amended to read as set forth below:

The introductory paragraph of Section 20.48.205 shall read as set forth in the quotations below.
"This section provides regulations for the creation of SB 9 housing developments and urban lot splits as required pursuant to Cal. Gov. Code Sections 65852.21 and 66411.7.

This section shall sunset automatically without action of the City in the event Cal. Gov.

Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law."
Subsection (B)(3)(c)(d)(e) of Section 20.48.205 shall read as set forth in the quotations below:
"c. Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act (Cal. Gov. Code Sections 7060 through 7060.7) to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application."
d. Historic Resource. The development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Cal. Pub. Resources Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
e. Environmental Resource or Hazard. As specified in Cal. Gov. Code Section 65913.4, the development is located on a lot that is any of the following:
i. Either prime farmland or farmland of statewide importance; ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development is designed to comply with Section 9.04.380 (Requirements for Wildland Urban Interlace Fire Areas);
iv. A hazardous waste site, unless the lot has been appropriately cleared for residential use;
v. Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards; 6-450

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A Within a special flood hazard area as mapped by the most recent adopted Flood Insurance Rate Plan, unless the development is designed to comply with Chapter

15.50 (Floodplain Management);
plan;
vii. Within a regulatory floodway;
viii. Lands identified for conservation in an adopted natural resource protection ix. Lands that include habitat for protected species; and/or x. Lands subject to a conservation easement."
Subsection (B)(4)(b)(i)(ii) of Section 20.48.205 shall read as set forth in the quotations below:
'T One-half mile walking distance of a high -quality transit corridor, as defined in Cal.

Pub. Resources Code Section 21155;
ii. One-half mile walking distance of a major transit stop, as defined in Cal. Pub.

Resources Code Section 21064.3; or"
Subsection (B)(4)(m) of Section 20.48.205 shall read as set forth in the quotations below:
"m. Findings for Denial of an SIB 9 Housing Development. Notwithstanding the foregoing, the City may deny an application for an SB 9 housing development if the Director makes written finding(s), based upon a preponderance of the evidence, that the development would have a specific, adverse impact, as defined and determined in Cal.

Gov. Code Section 65589.5, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact."
Subsection (8)(5)(g) of Section 20.48.205 shall read as set forth in the quotations below.•
"g. Owner -Occupancy. The owner of the lot proposed for an urban lot split shall comply with the requirements provided herein and sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the final, recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in Cal. Rev. & Tax. Code 6-451

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Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in Cal.

Rev. & Tax. Code Section 214.15."
Section 920: Subsection (13)(3) of Section 20.48.230 (Tattoo Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"I Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of this Code."
Section 921: Subsections (B), (E)(2) and (F) of Section 20.49.020 (Effect of Chapter) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as set forth below:

Subsection (B) of Section 20.49.020 shall read as set forth in the quotations below.
"B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to installation or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Section 20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment permit, if required) for any telecom facility approved to be located on any City -owned property or City -held trust property, shall enter into an agreement prepared and executed by the City Manager prior to installation of the facility, consistent with Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property)." Subsection (E)(2) of Section 20.49.020 shall read as set forth in the quotations below.
"2. Requirements established by any other provision of this Code and by any other ordinance and regulation of the City."
Subsection (F) of Section 20.49.020 shall read as set forth in the quotations below.
"F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any conditions of approval in effect at the time the facility was approved, and any regulations pertaining to 6-452

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legal, nonconforming uses or structures that may be applicable pursuant to provisions of this Code or federal and State laws as they may be amended or enacted, in the future." Section 922: Subsection (S) of Section 20.49.030 (Definitions) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"S. Wireless Tower. `Wireless tower' means any structure built for the sole or primary purpose of supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities Commission on a water tower, utility tower, street light, or other structures built or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the FCC, including any structure installed pursuant to Cal. Pub. Util. Code Section 7901, is not a wireless tower for purposes of this definition. For an example only, a prior -existing streetlight standard which is replaced with a new street light standard to permit the addition of antennas shall not be considered a wireless tower, but rather a replacement street light standard."
Section 923:Subsections (F)(3)(b), (F)(6)(b)(1) and (J)(2) of Section 20.49.050 (General Development and Design Standards) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as set forth below:

Subsection (F)(3)(b) of Section 20.49.050 shall read as set forth in the quotations below:
"b. New or replacement vertical structures may be allowed when authorized by this Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided they match existing or planned poles within the area."
Subsection (F)(6)(b)(i) of Section 20.49.050 shall read as set forth in the quotations below.

I. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support equipment shall be placed underground if required by other provisions of this Code. Flush -to -grade underground vault enclosures, including flush - to -grade vents, or vents that extend no more than twenty-four (24) inches above the finished grade and are screened from public view may be incorporated. Electrical meters required for the purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by this Code." 6-453

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Subsection (J)(2) of Section 20.49.050 shall read as set forth in the quotations below.
"2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code."
Section 924: Subsections (B), (C), (E) and (F) of Section 20.49.060 (Permit Review Procedures) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code are hereby amended to read as set forth below:

Subsections (B) and (C) of Section 20.49.060 shall read as set forth in the quotations below.
"B. Installations in the Public Right -of -Way. All telecom facilities proposed to be located in the public right-of-way shall comply with the provisions of this Code including but not limited to the provisions of Title 13 as it may be amended from time to time.

C. Application Submission Requirements for Telecom Facilities on City -Owned or City -Held Trust Properties. Prior to the submittal for any application for any facility located on any City -owned property or City -held trust property, the applicant shall first obtain written consent to the application from the City Manager." Subsections (E) and (F) of Section 20.49.060 shall read as set forth in the quotations below.
"E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and consistent with Cal. Gov. Code Section 65850.6, the addition of a new facility to an existing facility resulting in the establishment of a collocated telecom facility shall be allowed without discretionary review if it complies with Section 20.49.090. If a collocated telecom facility does not satisfy all of the requirements of Cal. Gov. Code Section 65850.6 and Section 20.49.090, the facility shall be reviewed pursuant the review procedures provided in Table 4-1.

F. Emergency Communications Review. At the time an application is submitted to the Community Development Department, a copy of the plans, map, and emission standards shall be sent to the Police Chief. The Police Chief shall review the plan's potential conflict with emergency communications. The review may include a pre - installation test of the telecom facility to determine if any interference exists. If the Police Department determines that the proposal has a high probability that the facility will interfere with emergency communications devices, the applicant shall work with the Police Department to avoid interference."
Section 925: Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property) of Chapter 20.49 (Wireless Telecommunications Facilities) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
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"20.49.080 Agreement for Use of City -Owned or City -Held Trust Property, In applying for a permit pursuant to this chapter, all telecom facilities located on City - owned or City -held trust property shall require a license agreement approved as to form by the City Attorney, and as to substance (including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager, consistent with provisions of this Code and any applicable provisions of the City Council Policy Manual.

Prior to City approval of a license agreement, the applicant shall obtain a MUP, CUP, LTP or ZC. Upon the issuance of a MUP, CUP, LTP or ZC, as required, and with an approved license agreement, the applicant shall obtain any and all necessary ministerial permits, including encroachment permits for work to be completed in the public right-of- way and building permits, etc. All costs of said permits shall be at the sole and complete responsibility of the applicant. All work shall be performed in accordance with the applicable City standards and requirements."
Section 926:Table 5-1 (Review Authority) of Section 20.50.020 (Multiple Permit Applications) of Chapter 20.50 (Permit Application Filing and Processing) of Title 20 of the Code is hereby amended to replace the row entitled "Reasonable Accommodations" to read as follows:

TABLE 5-1
Reasonable
Accommodations
Section

20.52.070
Decision
Appeal
Appeal
Section 927: Subsection (A) of Section 20.52.015 (Affordable Housing Implementation Plan) of Chapter 20.52 (Permit Review Procedures) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with Cal. Gov. Code Section 65915 et seq. and Chapter 20.32." Section 928: Subsections (G)(5) and (H)(11) of Section 20.52.040 (Limited Term Permits) of Chapter 20.62 (Permit Review Procedures) of Title 20 of the Code are hereby amended to read as set forth below:

Subsection (G)(5) of Section 20.52.040 shall read as set forth in the quotations below.
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"5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations." Subsection (H)(11) of Section 20.52.040 shall read as set forth in the quotations below.•

11. Compliance with Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of this Code and the successful granting of all required permits from any other department or governing agency; and"
Section 929:The Table of Contents for Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read as follows:

Chapter 20.60

ADMINISTRATIVE RESPONSIBILITY
Sections:

20.60.010
Purpose.

20.60.020
City Council.

20.60.030
Planning Commission.
20,60.040
Hearing Officer.

20.60.050
Zoning Administrator.

20.60.060
Community Development Director.

Section 930: Section 20.60.010 (Purpose) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"20.60.010 Purpose.

This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community Development Director in the administration of this Zoning Code." Section 931: Subsection (B) of Section 20.60.020 (City Council) of Chapter

20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan and this Code standards that apply to development and to further the public health, safety, and general welfare of the community."
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Section 932: Subsections (B) and (C) of Section 20.60.030 (Planning Commission) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code are hereby amended to read as set forth in the quotations below:
"B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and this Code, including the following:

1. Approve, conditionally approve, or deny the applications prescribed by this Zoning Code (e.g., conditional use permits, planned development permits, variances, etc.) and tentative tract maps in compliance with Title 19 (Subdivision Code);

2. Review the effectiveness and appropriateness of this Zoning Code and recommend amendments or changes to the Council as it deems appropriate;

3. Provide recommendations to the Council for final decisions on legislative acts (e.g., General Plan and amendments, specific plans and amendments, zoning amendments), and other applicable policy or ordinance matters related to the City's planning process. Additionally, the Commission shall provide recommendations to the Council on all concurrent applications filed with legislative act applications; and

4. Hear and decide appeals for all Zoning Administrator decisions and Director determinations in compliance with Chapter 20.64 (Appeals).

C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan and this Code standards that apply to development and to further the public health, safety, and general welfare of the community."
Section 933: Subsection (C) of Section 20.60.040 (Hearing Officer) of Chapter

20.60 (Administrative Responsibility) of Title 20 of the Code is hereby amended as set forth in quotation below:
"C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan and this Code's standards that apply to development and to further the public health, safety, and general welfare of the community."
Section 934: Subsections (13)(1) and (C) of Section 20.60.050 (Zoning Administrator) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code are hereby amended as set forth below:

Subsection (B)(9) of Section 20.60.050 shall read as set forth in the quotations below:
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1. The Zoning Administrator shall have the authority to investigate and make decisions on the applications identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and this Code as well as the following:
a. Condominium conversions involving four or fewer units, through the approval of a tentative parcel map, in compliance with Title 19 (Subdivisions); b. Lot line adjustments, in compliance with Title 19 (Subdivisions); c. Tentative parcel maps, in compliance with Title 19 (Subdivisions); and d. Merger of contiguous lots in compliance with Title 19 (Subdivisions)." Subsection (C) of Section 20.60.050 shall read as set forth in the quotations below:
"C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan and this Code's standards that apply to development and to further the public health, safety, and general welfare of the community."
Section 935: The section heading for Section 20.60.060 (Planning Director) of Chapter 20.60 (Administrative Responsibility) of Title 20 of the Code is hereby deleted in its entirety and replaced with the heading set forth in the quotations below, to read as follows:
"20.60.060 Community Development Director."
Section 936: Subsection (13)(1) of Section 20.64.030 (Filing and Processing of Appeals and Calls for Review) of Chapter 20.64 (Appeals) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"1. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Cleric, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by this Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
a. Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department;
b. Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk;
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c. Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and
d. Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk."
Section 937: Section 20.70.010 (Purpose of Part) of Chapter 20.70 (Definitions) of Title 20 of the Code introductory paragraph is hereby amended to read as set forth in the quotations below:
"20.70.010 Purpose of Part,
This part provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of this Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this part, or elsewhere in this Zoning Code, the most common dictionary definition is presumed to be correct.

As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise."
Section 938, Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 of the Code it hereby amended to delete the definition of "Conversion" in its entirety; and to make the following modifications to the specific definitions set forth below, without making any other changes to the other definitionsset forth in Section 20.70.020:

The definition of Affordable Housing Cost, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Cal.

Health & Saf. Code Section 50052.5."
The definition of Affordable Rent, set forth in Section 20.70,020, shall read as set forth in the quotations below.
"Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Section 50053."
The definition of Alcohol sales, off sale, accessory only (land use), set forth in Section 20. 70. 020, shall read as set forth in the quotations below. 6-459

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"`Alcohol sales, off sale, accessory only (land use)' means an establishment that has all of the following characteristics:

1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away;

2. The establishment is applying for or has obtained an ABC License Type 20 (off - sale beer and wine —package store) or License Type 21 (off -sale general —package store); and

3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples include drug stores, grocery stores, and supermarkets, but do not include convenience markets."
The definition of Animal -Keeping (Land Use), Subsection 3, Animal Wild, set forth in Section 20. 70.020, shall read as set forth in the quotations below. °3. `Animal, wild' means an animal that is not customarily confined or cultivated by man for domestic or commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR Section 671 (Importation, Transportation and Possession of Live Restricted Animals)." The definition of Area Median Income, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Area median income' means the median income, adjusted for family size, applicable to Orange County, established by the U.S. Department of Housing and Urban Development, and published annually by the California Department of Community Development in the 25 CCR Section 6932."
The definition of California Environmental Quality Act (CEQA), set forth in Section 20.70.020, shall read as set forth in the quotations below. - "'California Environmental Quality Act (CEQA)' means a State law (Cal. Pub. Resources Code Section 21000 et seq.)."
The definition of Condominium, set forth in Section 20.70.020, shall read as set forth in the quotations below. -
"'Condominium' means a form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners. Includes a condominium project, community apartment project, or stock cooperative, as defined in Cal. Civ. Code Section 1351." 6-460

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The definition of Demolition, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Demolition' means; the deliberate removal or destruction of the frame or foundation of a portion of a structure."
The definition of Director, set forth in Section 20, 70.020, shall read as set forth in the quotations below:
"`Director' means the City of Newport Beach Community Development Director or a duly designated representative of the Director."
The definition of Dwelling unit, accessory (land use), set forth in Section

20. 70. 020, shall read as set forth in the quotations below. "'Dwelling unit, accessory (land use)' means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.

2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007." The definition of Emergency shelter (land use), set forth in Section 20.70.020, shall read as set forth in the quotations below:
"`Emergency shelter (land use)' means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with minimal supportive services for homeless persons." The definition of Explosives, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Explosives' means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for which a permit is required by the Cal. Health & Saf.

Code. See also 'Hazardous materials."'
The definition of Final map, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Final map' means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov. Code Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also 'Parcel map' and 'Tentative map."' 6-461

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The definition of General Plan, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"`General Plan' means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the City Council under the provisions of Cal. Gov. Code Section 65300 et seq. and referred to in this Zoning Code as the 'General Plan."' The definition of Lot line adjustment, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Lot line adjustment' means, as provided in the Subdivision Map Act (Cal. Gov. Code Section 66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than originally existed." The definition of Municipal Code, set forth in Section 20.70.020, shall read as set forth in the quotations below.•
"'Municipal Code' means the Newport Beach Municipal Code of the City of Newport Beach."
The definition of Parcel map, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Parcel map' means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also 'Final map' and 'Tentative map."' The definition of Parolee -Probationer, set forth in Section 20.70.020, shall read as set forth in the quotations below.•
"'Parolee -Probationer.' A parolee -probationer includes: (a) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a federal parole officer; (b) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Cal.

Pen. Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (d) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer. For the purposes of this definition, 'felony' means a felony as defined by any California or United States statute."
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The definition of Public trust lands, set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'Public trust lands' means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (14 CCR Section 13577). See 'Submerged lands' and 'Tidelands."'
The definition of SB 9 housing development (land use), set forth in Section

20.70.020, shall read as set forth in the quotations below:
"'SB 9 housing development (land use)' means a residential development that contains two new dwelling units or proposes to add one new dwelling unit on a lot designated for single-family residential use with one existing dwelling unit, pursuant to Cal. Gov. Code Section 65852.21."
The definition of Senior citizen housing development, set forth in Section

20.70.020, shall read as set forth in the quotations below:
"'Senior citizen housing development' means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Section 51.3(b)(4)."
The definition of Specific plan, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Specific plan' means, under Cal. Gov. Code Section 65450 et seq., a policy statement and implementation tool adopted by the City Council that addresses a single project or planning problem. A specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of a General Plan element(s)." The definition of Subdivision Map Act, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Subdivision Map Act' means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, as amended, regarding the subdivision of real property." The definition of Submerged lands, set forth in Section 20.70.020, shall read as set forth in the quotations below.
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"'Submerged lands' means lands that lie below the line of mean low tide (14 CCR Section 13577). See 'Public trust lands."'
The definition of Supportive housing, set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'Supportive housing' means housing with no limit on length of stay, that is occupied by the target population, as defined by Cal. Health & Saf. Code Section 53260(d), and that is linked to on -site or off -site services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in single, two-, or multi- family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi -family dwelling units, group residential, parolee -probationer home, residential care facilities, or boarding house uses under this code."
The definition of Tentative map, set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'Tentative map' means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided before approval of a final map. See also 'Final map' and 'Parcel map."'
The definition of Tidelands, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"'Tidelands' means lands that are located between the lines of mean high tide and mean low tide (14 CCR Section 13577). See 'Public trust lands."' The definition of Urban lot splits (land use), set forth in Section 20.70.020, shall read as set forth in the quotations below:
"'Urban lot splits (land use)' means the subdivision of an existing, legally subdivided lot intended for single-family residential use to create one new additional lot, pursuant to Cal. Gov. Code Section 66411.7."
The definition of Visitor Accommodations (Land Use), Subsection 2, Hotel, and Subsection 3, Motel, set forth in Section 20.70.020, shall read as set forth in the quotations below.
"2. 'Hotel' means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, 6-464

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restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens).

Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev. & Tax. Code Section 7280.

3. 'Motel' means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Cal. Rev. & Tax. Code Section 7280."
Section 939: Section 20.80.020 (Bluff overlay) of Chapter 20.80 (Map) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:

20.80.020 Bluff overlay.
"Bluff Overlay, Development Area Map (Section 20.28.040):

B-1 — Kings Place (PDF)"
Section 940: Subsection (D) of Section 20.90.040 (Land Use Regulations) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"D. Noise Mitigation.

1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five (45) dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of sixty-five (65) dB CNEL. Prior to the issuance of any building permits for such development, an acoustical analysis report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City -approved acoustical consultant and submitted to the Community Development Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project.

2. All nonresidential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City -approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Community Development Director in the form of an 6-465

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acoustical analysis report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project.

3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the project applicant shall submit evidence to the Community Development Director that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the design of the project.

4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC.

For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single-family dwelling units with no intensification of development."
Section 941: Subsection (C)(5) of Section 20.90.050 (Open Space and Recreation District: SP-7 (OSR)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"5. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Section 942:Subsection (13)(9) of Section 20.90.060 (Residential Equestrian District: SP-7 (REQ)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
"9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this District." Section 943: Subsections (D)(9), (F)(4)(b)(iii), and (G) of Section 20.90,070 (Residential Kennel District: SP-7 (RK)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as follows:
below: Subsection (D)(9) of Section 20.90.070 shall read as set forth in the quotations

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"9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Subsection (F)(4)(b)(iii) of Section 20.90.070 shall read as set forth in the quotations below:
"iii. Within those areas where fences and walls are limited to a maximum height of three and one-half (3 Y2) feet per this Code."
Subsection (G) of Section 20, 90, 070 shall read as set forth in the quotations below:
"G Special Regulations.

1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a commercial kennel may be approved administratively by the Community Development Director, and small not require an acoustical analysis report per subsection (G)(2) of this section if all of the following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10) percent from that shown on the current plot plan; b. The proposed change does not increase the number of dog runs from that shown on the current plot plan;
c. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does not provide for any additional accessory uses;
d. The proposed change is consistent with the setback standards for kennel facilities as set out in subsection (F) of this section; and e. The proposed change satisfies the required findings for use permits in Part 5 of this title.

2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise generating potential of the proposed project and proposed attenuation measures to assure compliance with Chapter 10.26 (Community Noise Control). The report shall be prepared by a City -approved acoustical consultant and submitted to the Community Development Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project."
Section 944: Subsections (D)(7)(a)(b) and (D)(9) of Section 20,90.080 (Residential Single -Family District: SP-7 (RSF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:
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Subsection (D)(7)(a)(b) of Section 20.90.080 shall read as set forth in the quotations below.
"a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds and not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards: pens, cages, and other structures specifically for the keeping of animals other than in the residence shall be located at least twenty-five (25) feet from any residential window located on an adjoining building site. Exceptions to the above may be provided for by a use permit approved by the Community Development Director.
b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ); provided, that no horse shall be permitted on a building site containing less than ten thousand (10,000) square feet of land area, and pens, cages, and other structures specifically for the keeping of horses shall be located at least fifty (50) feet from any residential window located on an adjoining building site.

One or two adult horses are permitted on a building site containing between ten thousand (10,000) and fifteen thousand (15,000) square feet of land area. One additional adult horse may be kept for each additional ten thousand (10,000) square feet, with a maximum of six (6) horses on any one building site. The offspring of such animals shall be considered adults when eight (8) months old. Exceptions to the above may be provided for via a use permit approved by the Community Development Director."
Subsection (D)(9) of Section 20.90.080 shall read as set forth in the quotations below:
"9. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Section 945:Subsection (D)(7) of Section 20.90.090 (Residential Multiple -Family District: SP-7 (RMF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:

7. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Section 946: Subsection (D)(4) of Section 20.90.100 (Horticultural Nursery District: SP-7 (HN)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
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"4. Any other accessory uses or structures which the Community Development Director finds consistent with the purpose and intent of this district." Section 947: Subsections (D)(4) and (F)(11)(a)(v) of Section 20.90.110 (General Commercial District: SP-7 (GC)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:

Subsection (D)(4) of Section 20.90.110 shall read as set forth in the quotations below:
"4. Any other accessory uses or structures which the Community Development Director finds consistent with the purpose and intent of this district." Subsection (F)(11)(a)(v) of Section 20.90.110 shall read as set forth in the quotations below.
"v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two feet within eighteen (18) months after initial installation. Permanent watering facilities shall be provided. If, eighteen (18) months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director shall require that either walls, berms, or a solid fence be installed."
Section 948: Subsections (C)(2), (C)(4)(f), (C)(6)(a), (D)(5) and (E)(11) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code are hereby amended to read as set forth below:

Subsection (C)(2) of Section 20.90.120 shall read as set forth in the quotations below.•
"2. The following additional temporary uses are permitted subject to approval of a limited term permit per Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of five hundred dollars ($500.00) for each temporary structure shall be posted with the Community Development Director to guarantee the removal of each temporary structure upon the expiration of the use permit.
b. Commercial coaches serving as temporary office space. A cash bond in the amount of five hundred dollars ($500.00) for each commercial coach unit shall be

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posted with the Community Development Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a minor use permit. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.40 and the site development standards contained in this section.
d. Any other uses which the Community Development Director finds consistent with the purpose and intent of this District."
Subsection (C)(4)(f) of Section 20.90.120 shall read as set forth in the quotations below.
"f. Any use which the Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare." Subsection (C)(6)(a) of Section 20.90.120 shall read as set forth in the quotations below.
"a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six (6) feet in height along the side property line and at eight (8) feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District, an eight -foot -high wall shall be required, In addition, a front wall or fence may be required at the discretion of the Community Development Director. Fence or wall materials and height shall be subject to approval at the discretion of the Community Development Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited." Subsection (D)(5) of Section 20.90.120 shall read as set forth in the quotations below:
"5. Any other accessory use or structure which the Community Development Director finds consistent with the purpose and intent of this district." Subsection (E)(99) of Section 20.90.120 shall read as set forth in the quotations below:

11. Any use which the Community Development Director finds would result in conditions or circumstances contrary to public health, safety and general welfare." 6-470

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Section 949: Subsection (D)(3) of Section 20.90.130 (Professional and Administrative Office District: SP-7 (PA)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title '20 of the Code is hereby amended to read as set forth in the quotations below:
"3. Accessory uses and structures which the Community Development Director finds consistent with the purpose and intent of this district." Section 950: Subsection (C)(3)(b) of Section 20.90.170 (Fire Facility Overlay District: (FF)) of Chapter 20.90 (Santa Ana Heights Specific Plan) of Title 20 of the Code is hereby amended to read as set forth in the quotations below:
%. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources.

The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated." Section 951: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 952: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 6-471

Ordinance No. 2023-

Section 953: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of November, 2023, and adopted on the 28th day of November, 2023, by the following vote, to -wit:

AYES:

NAYS:

ABSENT:

NOAH BLOM, MAYOR
ATTEST:

LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
I` C "-
ROLNnC..7HARP, CITY ATTORNEY
6-4 72