Chapter 13.05
STREET IMPROVEMENTS AND DEDICATIONS
Sections:
13.05.010 Street Widening and Improvements as a Condition of Building Permits.
13.05.040 Appeal and Call for Review.
13.05.050 Dedication Procedure.
13.05.060 Improvement Procedure.
13.05.070 Issuance of Building Permits.
13.05.010 Street Widening and Improvements as a Condition of Building Permits.
A. Except as provided in subsection (B), no building or structure shall be constructed or enlarged by twenty-five (25) percent or more of the existing floor area, nor shall any building permit be issued for such work, on any lot or parcel of land located in any Commercial Zoning District or Industrial District (as described in Title 20 of this Code) which abuts a street or alley or any lot or parcel of land in a Residential Zoning District (as described in Part 2 of Title 20 of this Code) that abuts a street designated by resolution of the City Council as a “significant link” in the City’s circulation system, unless the one-half (1/2) of the street or alley which is located adjacent to the lot or parcel has been dedicated and improved to the full width of the lot to be consistent with such streets as set forth in the standards specified in the Circulation Element’s Master Plan of Streets and Highways, Title 19 (Subdivisions) and the City’s standard specifications, and provision has been made for installing parkway trees and utility lines in accordance with City specifications, provided, however, actual improvement shall not be required prior to the issuance of any permit for construction if the owner or lessee has entered into an agreement with the City and furnished improvement security in accordance with the procedure set forth in Section 13.05.060. For purposes of this chapter the term “improvements” shall also include the closure of any unused curb cut determined by the Public Works Director to be unused.
B. The dedication and improvement of property shall not be required pursuant to subsection (A) when the property fronts on a State highway and there are no buildings or structures on any portion of the property within the area to be improved pursuant to the Circulation Element’s Master Plan of Streets and Highways and any additional setback unless all of the following conditions have been satisfied:
1. The proposed project contributes to the need to widen the adjacent roadway to Master Plan standards; and
2. The project would generate more than three hundred (300) average daily trips; and
3. The proposed project exceeds twenty-five thousand (25,000) square feet of additional gross floor area (assumes a base FAR use-minimum gross floor area of minimum and maximum FAR uses shall be adjusted accordingly).
C. Notwithstanding the provisions of this chapter, street dedications and improvements required in conjunction with subdivision approvals shall be governed by the requirements of Title 19 (Subdivisions). (Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 93-25, 1993: Ord. 88-29 § 1, 1988: Ord. 1282 § 1 (part), 1968)
13.05.020 Exceptions.
The requirements of Section 13.05.010 shall be subject to the following exceptions:
A. The maximum area of land required to be so dedicated shall not exceed twenty-five (25) percent of the area of any such lot or parcel which was of record on the effective date of this chapter in the Orange County Recorder’s office.
B. No dedication shall be required with respect to those portions of a lot or parcel occupied by a main building which was in existence on the effective date of this chapter.
C. No additional improvements shall be required in connection with a lot or parcel if complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto. (Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 1282 § 1 (part), 1968)
13.05.030 Waiver Procedure.
Upon written application, the City Manager or such other City official as he may designate may grant a waiver from all or part of the requirements contained in Section 13.05.010 upon a finding that one or more of the following grounds for waiver is applicable to the property under consideration:
A. Because of the character of the area in which the property is located it is determined that the required improvements can best be constructed through an assessment district.
B. Because of the location, terrain or condition of the property or the surrounding properties, the construction of the required improvements is determined to be unnecessary or impractical.
C. A major street grade change or realignment is anticipated.
D. The buildings or structures located on the property have been destroyed by fire, flood, earthquake, act of God, or other casualty, accident or disaster.
The decision of the City Manager shall be in writing and a copy shall be sent to the applicant by registered mail within five days after the City Manager’s decision. (Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 1628 § 1, 1975: Ord. 1288 § 1, 1969: Ord. 1282 § 1 (part), 1968)
13.05.040 Appeal and Call for Review.
If any person is aggrieved by any decision of the City Manager in acting upon an application for waiver, he may take an appeal to the City Council by filing a written statement setting forth the grounds of appeal with the City Clerk. A member of the City Council, in their official capacity, may call for review any decision of the City Manager in acting upon an application for a waiver for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant of the time and place set for the hearing by registered mail.
The right to appeal or call for review a decision of the City Manager shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. (Ord. 2015-9 § 20, 2015: Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 1282 § 1 (part); October 7, 1968)
13.05.050 Dedication Procedure.
Any person required to dedicate land by the provisions of this chapter shall present a deed to the area to be dedicated, properly executed by all parties having an interest in the property, including beneficiaries and trustees of any deeds of trust as shown by a current preliminary title report prepared by a title company which shall be furnished at the expense of the applicant. (Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 1282 § 1 (part); October 7, 1968)
13.05.060 Improvement Procedure.
Any person required to make improvements by the provisions of this chapter shall either make and complete the same to the satisfaction of the Public Works Director or shall enter into a contract with the City to install said improvements and furnish the City with adequate security as determined by the Public Works Director to guarantee completion of the improvements. Such person shall also furnish the City with complete plans for the work prepared by a licensed civil engineer to the satisfaction of the Public Works Director.
For purposes of this section, “improvement security” means any of the following:
A. A surety bond executed by a surety company authorized to transact a surety business in the State of California which must be satisfactory to and approved by the City Attorney as to form and the Public Works Director as to sufficiency.
B. Cash money deposited with the Finance Director.
C. An irrevocable letter of credit of a banking institution whereby the City of Newport Beach is authorized to draw on the bank at sight, for the account of the owner or lessee of the property, in an amount equal to the cost of the improvements and their inspection as established by the Public Works Director.
D. A letter of intent from a public utility company with assets of over ten million dollars ($10,000,000.00), operating under the regulations of the Public Utilities Commission of the State of California.
The improvement security required by this section shall not be required for a period of more than three years, unless the City has requested that the work be commenced within three years from the date of the improvement agreement. (Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 1282 § 1 (part); October 7, 1968)
13.05.070 Issuance of Building Permits.
When all improvements and dedications required by this chapter have been completed or satisfactorily assured, a building permit may be issued. (Ord. 2001-18 § 2 (Exh. ZA-2) (part), 2001: Ord. 1282 § 1 (part); October 7, 1968)