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 (California Government Code Section 66411.1).
19.28.040 Streets, Highways and Related Improvements.
19.28.090 Utility Undergrounding.
19.28.120 Improvement Oversizing (California Government Code Section 66485 et seq.).
19.28.130 Waiver of Improvement Requirements.
19.28.010 General Improvement Requirements.
The subdivider shall design and construct all required on-site and off-site improvements to permanent line and grade in accordance with this chapter, Chapter 19.24 (Subdivision Design), Chapter 19.36 (Completion of Improvements), City Design Criteria and applicable tentative map conditions of approval. Improvements shall also be consistent with the General Plan, any applicable specific plan and with the applicable zoning regulations set forth in Title 20. No final tract or parcel map shall be presented to the City Council for approval until the subdivider either completes the required improvements or enters into an agreement with the City, pursuant to Chapter 19.36, to complete the improvements. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.020 Compliance With City Traffic Ordinances.
In addition to the requirements of this Subdivision Code, subdividers shall comply with all improvement requirements and other applicable provisions of Chapter 15.38 (Fair Share Traffic Contribution Ordinance), 15.40 (Traffic Phasing Ordinance) and Chapter 15.42 (Major Thoroughfare and Bridge Fee Program). (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.030 Limitations on Parcel Map Improvements (California Government Code Section 66411.1).
A. Limitation. In accordance with California Government 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. (Ord. 2023-22 § 824, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.040 Streets, Highways and Related Improvements.
A. Design and Construction. Right-of-way and roadway widths, street sections, sidewalks, bikeways, trails, medians, parkways, street trees, driveways and related street facilities shall be designed, constructed and dedicated in accordance with:
1. The Circulation Element’s Master Plan of Streets and Highways;
2. The provisions of Chapter 19.24 (Subdivision Design);
3. The conditions of approval imposed on the tentative tract or parcel map; and
4. City Design Criteria.
B. Private Streets. Private streets shall be designed and constructed to the same standards as public streets and shall conform to the applicable City Council policy on private streets with regard to width and other design parameters. The subdivider shall provide for permanent maintenance of all private streets. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.050 Street Lighting.
Street lighting shall be provided along the roadways and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified in the City Design Criteria, except as otherwise approved by the City Engineer. For sidewalks six feet wide or less, street lights shall be placed behind the sidewalk unless there is insufficient right-of-way or easement width to do so. In such cases, aboveground facilities shall be located so as to minimize interference with pedestrian traffic. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.060 Water Supply.
Each unit or lot within the subdivision shall be served by a domestic water system approved by the City Engineer. On-site water facilities shall be designed and constructed 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. (Ord. 2023-22 § 825, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.070 Sanitary Sewers.
A. Public Sewer Connection Required. All lots intended for building development shall be connected to a public sewer system. No septic tank or cesspools will be permitted. Sewer facilities shall be designed and constructed in accordance with City standards, the applicable provisions of Chapter 14.24, 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.
B. Sewer Easements. Sewer easements shall be provided as required by the City Engineer. No structure shall be placed on any part of such an easement except those structures directly related to the purpose of the easement. (Ord. 2023-22 § 826, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.080 Storm Drains.
A. Drainage Improvements. The subdivider shall design and construct, to the satisfaction of the City Engineer and in accordance with the current revision of the City’s Master Drainage Plan, all drainage facilities, including open and closed channels, catch basins, manholes, junction structures, desilting basins, clarifiers and similar facilities necessary for the removal of surface water from the subdivision and protection of off-site properties. In addition, interim drainage improvements for removal of surface water during subdivision construction may be required by the City Engineer.
B. Drainage Capacity. The storm drain system shall be designed for the ultimate development of the subdivision and its watershed and shall be capable of collecting and conveying runoff in accordance with the standards of the Orange County Flood Control District.
C. Drainage Fees. In addition to the improvements required by this Section, the subdivider shall pay storm drainage fees for master plan facilities in accordance with City Council resolution.
D. Drainage Easements. Easements for underground storm drains and surface drainage shall be provided as required by the City Engineer. No structure shall be placed on any part of such an easement except those structures directly related to the purpose of the easement.
E. Flood Protection. Subdivision design and improvements shall provide for protection against flooding and inundation in accordance with Chapter 15.50 (Floodplain Management). (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.090 Utility Undergrounding.
A. Undergrounding Required. Utility lines including, but not limited to, electric, communications and cable television, shall be placed underground. The subdivider shall make the necessary arrangements with the utility companies for the installation of such facilities. Underground utility lines may be located in street or alley rights-of-way or along lot lines.
B. Undergrounding Prior to Street Surfacing. All underground utilities, water lines, sanitary sewers and storm drains installed in streets or alleys shall be constructed prior to the final surfacing of such street or alley. Service connections for all such underground facilities shall be laid to sufficient length so as to avoid the necessity for disturbing the street or alley improvements when individual service connections are made.
C. Aboveground Equipment. Appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground, provided they are not located on a sidewalk or pedestrian way and are approved by the City Engineer.
D. Temporary Aboveground Lines. Aboveground installation of utilities shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.100 Walls and Fences.
The subdivider shall provide a masonry, concrete or stucco wall, approved by the tentative map decision making body, along the exterior boundary of every lot which is adjacent to a freeway, railroad right-of-way, electric transmission line right-of-way or open drainage channel. In addition, in conjunction with the approval of any tentative map, the decision making body may require walls, with or without buffer landscaping and irrigation, along other subdivision boundaries, between lots or between any lot and any public street. Wall design shall conform to the applicable City Council policy relating to “Sound Attenuation Walls.” (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.110 Other Improvements.
Other subdivision-related improvements, such as, but not limited to, traffic signals, pavement markings, landscaping, monumentation, walkways, bikeways, equestrian trails or fees in lieu of any of the foregoing, shall also be required as determined by the City in accordance with this Code, the General Plan, tentative map conditions of approval and City Design Criteria. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.120 Improvement Oversizing (California Government Code Section 66485 et seq.).
A. Oversizing. In accordance with California Government 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 California Government 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. (Ord. 2023-22 § 827, 2023; Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)
19.28.130 Waiver of Improvement Requirements.
A. Subdivider Justification. Prior to approval of a final map, the subdivider may file a written request for waiver of individual improvement requirements contained in this chapter. The subdivider shall submit evidence of justification for each such waiver. Special circumstances which may be cited to justify a waiver of improvement requirements include, but are not limited to, arguments that physical or topographical constraints make the improvements infeasible, that the required improvements would create results contrary to the purposes of the design or improvement requirements, or that the required improvements would impose a burden on the subdivider not imposed on comparable subdivisions.
B. Required Findings to Allow Waiver. Waiver(s) of improvement requirements set forth in this chapter may be approved by the tentative map decision making body if it makes all of the following findings:
1. The requested waiver(s) is necessary in order to create a land plan that is sensitive to environmental or physical constraints on or adjacent to the project site;
2. The requested waiver(s) will not negatively impact the carrying capacity of the local vehicular circulation network;
3. The requested waiver(s) will not negatively impact pedestrian circulation;
4. The resulting subdivision will not be incompatible with the pattern of surrounding development;
5. The resulting subdivision design and improvements will be consistent with the General Plan and any applicable specific plan, and will conform to the Subdivision Map Act and all other provisions of this Subdivision Code; and
6. The resulting subdivision design and improvements will not be materially detrimental to the residents or tenants of the proposed subdivision or surrounding properties, nor to public health or safety.
The tentative map decision making body shall take specific action on each requested waiver. Waivers not specifically approved shall be considered denied. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)