Chapter 13.01
STREET CONSTRUCTION PERMITS
Sections:
13.01.010 Findings and Purpose.
13.01.050 Standards for Issuance of Permit.
13.01.060 Conditions and Fair Share Fees.
13.01.070 Bonds and Insurance.
13.01.080 Appeal or Call for Review.
13.01.100 Duty of Property Owners to Repair and Maintain.
13.01.010 Findings and Purpose.
The City Council of the City of Newport Beach finds and declares as follows:
A. The City Council of the City of Newport Beach, under the Charter laws and Constitution of the State of California, is vested with the power to regulate and control the access to, and construction, opening, extending, widening and straightening, of public streets within the City of Newport Beach; and
B. The right to control and approve access to and construction of public streets includes the right to establish procedures for approval of permits to allow such access or construction, as well as the right to impose reasonable conditions on the permits; and
C. There is substantial, unimproved property situated adjacent to the City of Newport Beach and within the City’s sphere of influence which, if developed, could contribute, significantly to traffic volumes on existing City streets; and
D. The City of Newport Beach has limited control over the size and scope of development adjacent to the City and within its sphere of influence, and the construction of large developments in these areas could accelerate the need for planned roadway improvements and/or increase the number, size or scope of roadway improvements necessary to accommodate additional vehicular traffic generated by such development; and
E. The City of Newport Beach has adopted a fair share traffic contribution ordinance in an effort to fund a shortfall in revenues required to construct roadway improvements necessary to accommodate traffic volumes generated by development or redevelopment within the City of Newport Beach; and
F. To the extent that development nearby but outside the City of Newport Beach accelerates the need for planned roadway improvements, or creates a need for roadway improvements in addition to those funded through the fair share traffic ordinance, it is appropriate and fair to require such development to contribute its fair share to required roadway improvements; and
G. The City must exercise control over the design and construction of public streets, as well as intersections between City streets and roadways serving development located outside of the City, to ensure that traffic on City streets is not unduly impaired, and to ensure, to the maximum extent feasible, that streets and intersections are designed and constructed in a manner that will not adversely impact the health, safety and welfare of the citizens of the City of Newport Beach and those using City streets. (Ord. 85-9 § 1 (part), 1985)
13.01.020 Permit Required.
No person shall construct, reconstruct, lay out, open, extend, widen, straighten or establish the grade of any public street, nor shall any person lay out, open or construct any roadway providing access to any public street without first obtaining a permit from the Public Works Director as hereinafter provided. (Ord. 85-9 § 1 (part), 1985)
13.01.030 Application.
An application for a permit shall contain the following information:
A. The name and address of the owner or agent in charge of the property abutting the proposed work area;
B. The name and address of the party proposing to perform the work;
C. The location of the proposed work area;
D. Twenty (20) copies of plans and specifications showing details of the proposed work;
E. Detailed description of the size and nature of the development or developments to be served by the proposed connection to City streets, and of the projected traffic which will be generated;
F. Such other information as the Public Works Director deems necessary or appropriate to the decision whether to approve or deny the applications. (Ord. 85-9 § 1 (part), 1985)
13.01.040 Fees.
An application for permit shall be accompanied by a fee as set forth in a resolution adopted by the City Council. In addition to the application fee, the Public Works Director may charge a fee for all inspection, plan checking and engineering services performed in conjunction with the application. (Ord. 2023-22 § 601, 2023; Ord. 85-9 § 1 (part), 1985)
13.01.050 Standards for Issuance of Permit.
The Public Works Director shall approve a permit if, after investigation, it is determined:
A. That the proposed improvement conforms to all applicable City plans, ordinances, resolutions, policies, rules, standards and specifications; and
B. That permittee has the ability to comply with all conditions imposed upon the permit; and
C. That the proposed improvement will not unreasonably interfere with vehicular or pedestrian traffic; and
D. That the proposed improvement, as designed, will not create any significant risk of injury to persons using the roadway, adjacent roadways, or property adjacent to the roadways; and
E. That the health, safety and welfare of persons using the roadway to be improved, adjacent roadways, or property adjacent to the roadways, will not be adversely affected. (Ord. 85-9 § 1 (part), 1985)
13.01.060 Conditions and Fair Share Fees.
The Public Works Director shall impose such conditions as may be necessary or appropriate to ensure that the proposed improvement meets the criteria established in Section 13.01.050. In the event the proposed improvement services a development or project for which a fee would be required pursuant to Chapter 15.38 of this Code if the proposed development project was located in the City of Newport Beach, the Public Works Director shall, in addition to the other conditions imposed pursuant to this section, impose a condition on the permit requiring applicant to pay a “fair share” fee comparable to that calculated on the basis of the terms and conditions of Chapter 15.38 of this Code. (Ord. 85-9 § 1 (part), 1985)
13.01.070 Bonds and Insurance.
The following bonds shall be posted by the applicant prior to performing any work under a permit issued pursuant to this chapter:
A. A labor and materials bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City;
B. A performance bond in an amount and form substantially identical to that which would be required of persons performing public works under contract to the City;
C. Insurance, which types and amounts shall be determined by the Risk Manager; and
D. Such other bonds, policies of insurance or guarantees, as may be determined necessary or appropriate by the Public Works Director and Risk Manager, to ensure that City is protected from loss, liability, claim or damage that may arise out of, or in any way relate to, the performance of work pursuant to the permit. (Ord. 2023-22 § 602, 2023; Ord. 85-9 § 1 (part), 1985)
13.01.080 Appeal or Call for Review.
Any applicant aggrieved by a decision of the Public Works Director shall have the right to appeal the decision to the City Council by filing written notice of appeal. The appeal must be filed with the City Clerk within ten (10) days from the date on which notice of the decision is deposited in the U.S. mail, postage prepaid and addressed to the parties as provided on the application for permit. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director under this chapter by filing written notice with the City Clerk within ten (10) days from the date on which notice of the decision is served in the manner provided in Section 1.08.080. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. The City Council shall, within thirty (30) days from the date on which an appeal is received or a call for review is filed, schedule a hearing on the appeal or call for review within a reasonable period of time. The City Council may preside over the hearing on appeal, or may designate a hearing officer to take evidence and submit a proposed decision, together with findings, to the City Council within fifteen (15) days from the date of the hearing. The City Council shall hear all decisions called for review. The City Council shall render its decision within thirty (30) days from the date of the hearing, and the decision of the City Council shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 603, 2023; Ord. 2015-9 § 19, 2015: Ord. 85-9 § 1 (part), 1985)
13.01.090 Datum Plane.
The North American Vertical Datum of 1988 (NAVD 88) is hereby established as the official datum plane of the City for the purpose of determining the grades and elevations of streets and sewers and for any other public works within the City, and for measuring all other grades, elevations, or surface points in the City, except that harbor work, dredging, and harbor structures may be referenced to mean lower low water, as established by the United States Coast and Geodetic Survey in and around Newport Harbor. (Ord. 2023-22 § 604, 2023; Ord. 95-29 § 8 (part), 1995)
13.01.100 Duty of Property Owners to Repair and Maintain.
When any portion of any sidewalk constructed in the City shall be out of repair, and in a condition to endanger persons or property passing thereon, or in a condition to interfere with the public convenience in the use thereof, or when any condition shall exist on any sidewalk as is defined in California Streets and Highways Code Section 5600, then no owner or person liable shall neglect or refuse to make repairs when required to do so in the manner and as provided for in California Streets and Highways Code Sections 5610 through 5618. (Ord. 2023-22 § 605, 2023; Ord. 95-29 § 8 (part), 1995)