Chapter 19.04
GENERAL PROVISIONS
Sections:
19.04.020 Purpose and Applicability (California Government Code Section 66411).
19.04.030 Compliance Required (California Government Code Section 66499.30).
19.04.035 Development Across Property Lines.
19.04.050 Advisory Agencies and Appeal Boards (California Government Code Sections 66415, 66416).
19.04.060 Parcel Maps and Tract Maps (California Government Code Sections 66411.1, 66428).
19.04.070 Interpretation of Code Provisions.
19.04.080 Enforcement (California Government Code Section 66499.32 et seq.).
19.04.090 Definitions (California Government Code Section 66414 et seq.).
19.04.010 Short Title.
This title shall be known as the “Subdivision Code” of the City of Newport Beach. All references herein to chapters, sections, subsections and paragraphs shall, unless otherwise specified, mean text in this Code of which this title is a part. Similarly, all references herein to “this title” shall, unless otherwise specified, mean this Title 19. (Ord. 2023-22 § 782, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.020 Purpose and Applicability (California Government 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. (Ord. 2023-22 § 783, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.030 Compliance Required (California Government Code Section 66499.30).
A. No Sale, Lease or Financing Without Map. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map or final parcel map is required by this title, until the final tract or parcel map thereof in full compliance with this title has been recorded and the City has been provided proof of recordation.
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 California Government 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 California Government 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. (Ord. 2023-22 § 784, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.035 Development Across Property Lines.
No person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line. (Ord. 2009-30 § 1 (Exh. 1 § 1), 2009)
19.04.040 Exclusions Per Map Act (California Government 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 California Government Code, except that procedures for lot line adjustments shall be in accordance with Chapter 19.76.
B. Determinations of Exemption. In accordance with California Government Code Section 66451.7, determinations on whether a proposed action is exempt from review pursuant to California Government Code Section 66412 or whether a parcel map may be waived pursuant to California Government Code Section 66428 shall be made within sixty (60) days of an application being deemed complete. (Ord. 2023-22 § 785, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.050 Advisory Agencies and Appeal Boards (California Government Code Sections 66415, 66416).
Pursuant to California Government 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 California Government 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. (Ord. 2023-22 § 786, 2023; Ord. 2009-30 § 1 (Exh. 1 § 2), 2009: Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.060 Parcel Maps and Tract Maps (California Government Code Sections 66411.1, 66428).
A tentative parcel map and final parcel map shall be required for any division of land which does not require a tentative and final tract map pursuant to California Government 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. (Ord. 2023-22 § 787, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.070 Interpretation of Code Provisions.
A. Interpretations. Where uncertainty exists regarding the interpretation of any provision of this Code or its application to a specific subdivision, project or property, the Community Development Director shall determine the intent of the provision for all chapters, except that the City Engineer shall determine the intent of provisions in Chapters 19.28 (Subdivision Improvements), 19.32 (Improvement Plans), 19.36 (Completion of Improvements), 19.56 (Final Map Filing), 19.60 (Final Map Review) and any other section in which the City Engineer is specified as the relevant staff authority.
B. Appeals and Calls for Review. Any interpretation of the provisions of this Code by the Community Development Director or the City Engineer may be appealed to the Planning Commission or called for review by a member of the Planning Commission under the same procedures as set forth in Title 20. (Ord. 2015-9 § 39, 2015; Ord. 2013-11 § 176, 2013: Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.080 Enforcement (California Government 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 California Government Code Sections 66499.32 through 66499.36. In addition, the City may elect other remedies for violation of this title, as provided in the California Government Code sections cited above.
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 director’s authorized representative to enforce the provisions of this title. (Ord. 2023-22 § 788, 2023; Ord. 2013-11 § 177, 2013; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.04.090 Definitions (California Government 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:
|
Terms Used in This Title |
Equivalent Terms in 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.
“Building site” means a parcel or contiguous parcels of land which constitute a site eligible for building development under the requirements of this title (Subdivisions) and Title 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 California Civil Code Sections 4105, 4125, and 4190.
“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.
“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.
“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.
“Final map” means a final tract map or a final parcel map.
“Final parcel map” means a recorded subdivision map which is in substantial conformance with an approved or conditionally approved tentative parcel map and which complies with the provisions of this Subdivision Code and the Subdivision Map Act.
“Final tract map” means a recorded subdivision map which is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map and which complies with the provisions of this Subdivision Code and the Subdivision Map Act.
“Improvement” means any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. Improvement also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.
“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.
“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.
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 off-road bikeways.
“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.
“Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in California Civil Code Section 4125 or 6542(F), a community apartment project, as defined in California Civil Code Section 4105 or the conversion of five or more existing dwelling units to a stock cooperative, as defined in California Civil Code Section 4190 or 6566.
“Subdivision Map Act” or “SMA” means California Government 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 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.
“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.
“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. (Ord. 2023-22 § 789, 2023; Ord. 2013-11 §§ 178, 179, 2013; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)