Chapter 19.08 — TENTATIVE MAP FILING

§ 19.08.010. When Tract Maps Required (California Government Code Section 66426).

Approval of a tentative and final tract map shall be required in accordance with this title for any
subdivision creating five or more parcels, five or more condominiums as defined in California
Civil Code Section 783, a community apartment project containing five or more parcels or for
the conversion of a dwelling to a stock cooperative containing five 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; or

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.

A tentative and final parcel map shall be required for those subdivisions described in
subsections (A) through (D) of this section.

(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 791, 2023)

§ 19.08.020. When Parcel Maps Required (California Government Code Sections 66412,
66426, 66428).

A. When Required. Approval of a tentative and final parcel map shall be required in
accordance with this title for any subdivision creating four or fewer parcels and for any
subdivision which requires a parcel map pursuant to Section 19.08.010, except for those
activities excluded by Section 19.04.040, or for:

1. Subdivisions of a portion of the operating right-of-way of a railroad corporation,
defined by California Public Utility Code Section 230, which are created by short-
term leases terminable by either party on not more than thirty (30) days’ notice in
writing;

2. Land conveyed to or from a governmental agency, public entity or public utility, or
for land conveyed to a subsidiary of a public utility for conveyance to such public
utility for rights-of-way, unless a showing is made by the City in individual cases,
upon substantial evidence, that public policy necessitates a parcel map; or

3. Lot line adjustments which are exempt from parcel map requirements in accordance
with Section 66412 of the Subdivision Map Act. Lot line adjustments shall be
processed in accordance with Chapter 19.76.

In addition to the preceding situations, the requirement for a parcel map may be

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City of Newport Beach, CA § 19.08.020 NEWPORT BEACH CODE § 19.08.040

waived in accordance with the provisions of Section 19.08.030.

B. Improvement Requirements. Parcel map improvement requirements shall be limited to
those specified in Chapter 19.28.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 §§ 792, 793, 2023)

66428).

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 California Government Code Section
66426.

B. Filing Requirements. Application for a parcel map waiver shall be made on forms provided
by the Community Development Department and shall include such items as may
reasonably be required to make the necessary findings. A filing fee shall be paid as
established by resolution of the City Council.

C. Required Findings. In waiving a parcel map requirement, the Zoning Administrator shall
make findings that the proposed division of land complies with requirements as to area,
improvement and design, flood water drainage control, appropriate improved public roads
and property access, sanitary disposal facilities, water supply availability, environmental
protection, and other applicable requirements of this title, the Zoning Code, the General
Plan, and any applicable Coastal Plan or Specific Plan.

D. Conditions on Parcel Map Waiver. The Zoning Administrator may condition the waiver of
parcel map requirements to provide for, among other things, drainage and other fees
required for subdivisions by this title.

E. Instrument Filed for Record Upon Parcel Map Waiver. Upon approval of a parcel map
waiver, the applicant shall file a record of survey, certificate of compliance, lot line
adjustment, or lot merger approved by the City in writing, specifying the names of the
record owners of the fee interest and particularly describing the real property with a site
map for recordation with the County Recorder.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2009-30 § 1 (Exh. 1 § 3), 2009; Ord. 2013-11
§ 180, 2013; Ord. 2023-22 §§ 794, 795, 2023)

§ 19.08.040. Tentative Map Application (California Government Code Sections 66451.2,
66452).

A. Filing. Tentative maps shall be filed with the Community Development Department by a

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City of Newport Beach, CA § 19.08.040 SUBDIVISIONS § 19.08.060

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.

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
California Government 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 with the California Government
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.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2013-11 §§ 181, 182, 2013; Ord. 2023-22
§ 796, 2023)

§ 19.08.050. Completeness of Application (California Government 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 California Government 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.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 797, 2023)

§ 19.08.060. Soils Reports (California Government Code Sections 66490, 66491).

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 California Government Code Section 66491. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 798, 2023)

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City of Newport Beach, CA § 19.12.010 SUBDIVISIONS § 19.12.040