Chapter 19.12 — TENTATIVE MAP REVIEW

The Planning Commission shall have the authority to approve, conditionally approve, or deny tentative tract maps and tentative parcel maps referred by the Zoning Administrator to the Planning Commission for review. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps. Appeals or calls for review from actions of the above reviewing bodies shall be processed in accordance with Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the authority to approve, conditionally approve, or deny tentative parcel maps for urban lot splits in accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative parcel maps for urban lot splits may be denied in accordance with Section 19.90.020(F) (Findings for Denial). (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2009-30 § 1 (Exh. 1 § 4), 2009; Ord. 2022-17 § 1 (Exh. A), 2022)

Prior to the submission of a tentative map, the subdivider may submit to the Community Development Department maps, plans and other information concerning the proposed subdivision. The Department shall thereupon schedule a conference with the subdivider to provide information and recommendations regarding the subdivision design, grading, required improvements and related matters. Such a prefiling conference is optional to the subdivider and shall not be a prerequisite to filing a tentative map. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2013-11 § 183, 2013)

Section 66453 et seq.).

Within five days of a tentative map being determined to be complete pursuant to Section
19.08.050, copies of the map shall be sent to all local and State agencies prescribed by California
Government Code Section 66453 et seq. for the opportunity to comment on the proposed
tentative map. In addition, copies of the tentative map shall be sent for comment to all utilities
and similar service entities which the Director deems may be affected by the proposed
subdivision.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 800, 2023)

§ 19.12.040. Environmental Review (California Government Code Section 66452.1).

A. Subdivider’s Responsibilities. The subdivider shall submit information as required by the
Community Development Director sufficient to permit environmental review of the project
in accordance with the CEQA, the Zoning Code and City procedures. The subdivider shall
also pay all fees required for the completion of environmental review including, but not
limited to, the preparation of an environmental impact report, if required.

B. Exemption for Parcel Maps. Upon submission of a tentative parcel map, the Community
Development Director shall determine if the parcel map is categorically exempt from
environmental review pursuant to California Environmental Quality Act Guidelines
Section 15315.

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City of Newport Beach, CA § 19.12.040 SUBDIVISIONS § 19.12.050

C. Mitigation Measures. In conjunction with adoption of an environmental impact report or
negative declaration, the City may impose mitigation measures as conditions of approval
on a tentative tract or parcel map to mitigate a project’s environmental impacts.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2013-11 §§ 184, 185, 2013; Ord. 2023-22
§ 801, 2023)

66451.1, 66452.1 et seq., 66474.9).

A. Review by Planning Commission. Tentative tract maps shall be reviewed and approved,
conditionally approved or denied by the Planning Commission. Decisions by the Planning
Commission shall become final ten (10) days after the action unless appealed within the
time limits specified in this section.

B. Staff Report. After review and analysis of a tentative tract map, the Community
Development Director shall forward a report, together with a recommendation of approval,
approval subject to conditions, or denial to the Planning Commission. Also, at least three
days prior to any hearing or action on the tentative tract map, the staff report shall be sent
to the subdivider, to each fee owner of the subject property if other than the subdivider,
and, in the case of a proposed conversion to a condominium, community apartment or stock
cooperative project, to each tenant of the subject property.

C. Public Hearings. Public hearings shall be noticed and held in accordance with California
Government Code Sections 65090, 65091, and 66451.3 and City procedures.

D. Time Limits for Action on Map.

1. Time Limits When No EIR Is Required. If the City determines that no environmental
impact report (EIR) is required for review of a tentative tract map, within fifty (50)
days of the adoption of a negative declaration or other determination that no EIR is
required, the Planning Commission shall hold a public hearing to receive testimony
and thereafter shall approve, conditionally approve, or deny the tentative tract map
within said fifty (50) day period unless a time extension is mutually agreed upon
pursuant to this section.

2. Time Limits When EIR Is Required. If an environmental impact report is prepared for
the tentative tract map, the preceding fifty (50) day time period shall not commence
until the date of certification of the EIR.

E. Extension of Time Limits.

1. Extension by Mutual Consent. The time limits specified in this chapter for reporting
and acting on a tentative tract map may be extended by mutual consent of the
subdivider and the City.

2. Use of Outside Consultant to Meet Time Limits. At the time the subdivider makes an application pursuant to this title, the Community Development Director shall determine whether or not the City is able to meet the time limits specified in this chapter for reporting and action on maps. If the Director determines that such time limits cannot be met, the Director, upon request of the subdivider and for the purpose of meeting such limits, may contract or employ a private person or entity on a temporary basis to perform such services as necessary to permit the City to meet such

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City of Newport Beach, CA § 19.12.050 NEWPORT BEACH CODE § 19.12.050

time limits, subject to the provisions, requirements and limitations of California
Government Code Section 66451.1.

F. Required Findings. In approving or denying a tentative tract map, the Planning
Commission shall make all applicable findings set forth in Section 19.12.070.

G. Approval by Inaction. If no action is taken upon a tentative tract map by the Planning
Commission within the time limits specified in this section or within any authorized
extension thereof per this section, the tentative tract map as filed shall be deemed to be
approved insofar as it complies with other applicable requirements of the California
Government Code and this Code. It shall be the duty of the City Clerk to affirm said
approval. Any tentative tract map deemed approved by Planning Commission inaction may
in turn be appealed to the City Council in accordance with the procedures and time limits
set forth in subsection (I) of this section.

H. Denial Action to Comply With Time Limits Prohibited. Pursuant to California Government
Code Section 66451.4, no tentative tract map shall be denied to comply with the time limits
specified in this section unless there are reasons for disapproval other than the failure to
timely act in accordance with the time limits specified in this section.

I. Appeals and Calls for Review.

1. Initiation of an Appeal or Call for Review. Any interested person may appeal any
action of the Planning Commission regarding a tentative tract map to the City
Council. A City Council member may call for review any action of the Planning
Commission regarding a tentative tract map. Calls for review may be initiated by a
member of the City Council, in the member’s official capacity, if the sole purpose for
the call for review is to bring the matter in front of the entire body for review.

2. Time Limits for Filing. Appeals or calls for review shall be filed with the City Clerk
within ten (10) days after the action of the Planning Commission upon a form
provided by the City Clerk. Upon the filing of an appeal or call for review, the original
decision shall be stayed and the matter shall be set for public hearing.

3. Fees. Any appeal filed by an interested person shall be accompanied by a filing fee
set by resolution of the City Council pursuant to California Government Code Section
66451.2. A call for review is exempt from the payment of a filing fee under Section
3.36.030.

4. Hearing and Action. A public hearing shall be noticed and held prior to action on a
tentative tract map appeal or call for review. The appeal or review hearing shall be
noticed in accordance with California Government Code Sections 65090, 65091 and
66451.3 and shall be held within thirty (30) days after filing of the appeal or call for
review. Within ten (10) days following the conclusion of the hearing, the City Council
shall render its decision on the appeal or call for review.

5. Effect of Inaction. If the City Council does not make a decision on an appeal or call
for review within the time limits specified, the tentative tract map, insofar as it
complies with the Subdivision Map Act and this title, shall be deemed to be approved
or conditionally approved as last approved or conditionally approved, and it shall be
the duty of the City Clerk to certify or state that approval.

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City of Newport Beach, CA § 19.12.050 SUBDIVISIONS § 19.12.060

J. Indemnification of City. Pursuant to California Government Code Section 66474.9, as a condition of approval of a tentative tract map, the decision making body may require that the owner of the fee interest or designee defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City, its agents, officers, or employees to attack, set aside, void, or annul the tentative tract map approval and any associated approvals when such claim, action, or proceeding is brought within the time period provided under California Government Code Section 66499.37. The City shall notify the owner of the fee interest or designee of any claim, action or proceeding and the City shall cooperate fully in the defense. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2009-30 § 1 (Exh. 1 § 5), 2009; Ord. 2013-11 § 186, 2013; Ord. 2015-9 § 40, 2015; Ord. 2023-22 §§ 802, 803, 2023)

A. Review by Zoning Administrator.

1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally
approved or denied by the Zoning Administrator unless the Zoning Administrator
determines that the public interest would be better served by review by the Planning
Commission. In such a case, the tentative parcel map shall be reviewed in the same
manner as tentative tract maps as set forth in Section 19.12.050. Notwithstanding the
foregoing, the Zoning Administrator shall not refer a tentative parcel map for an urban
lot split to the Planning Commission.

2. Procedures. Except as provided in subsection (A)(5) of this section, the provisions for
tentative tract maps set forth in Sections 19.12.050(B) through (H) and (J) regarding
staff reports, public hearings, time limits, required findings, approval by inaction, and
indemnification shall apply to tentative parcel maps.

3. Finality of Decision. Decisions by the Zoning Administrator shall become final ten
(10) days after the action unless appealed within the time limits specified in
subsection (B) of this section.

4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for
urban lot splits shall be reviewed and approved, conditionally approved, or denied by
the Zoning Administrator pursuant to the provisions exclusively set forth in Chapter

Code Sections 66412.3, 66473 et seq.).

A. Required Findings for Approval. In approving a tentative tract map or tentative parcel map,
the decision making body shall make all of the following findings:

1. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with applicable
provisions of the Subdivision Map Act and this Subdivision Code;

2. That the site is physically suitable for the type and density of development;

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City of Newport Beach, CA § 19.12.070 SUBDIVISIONS § 19.12.070

3. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision
making body may nevertheless approve such a subdivision if an environmental
impact report was prepared for the project and a finding was made pursuant to Section
21081 of the California Environmental Quality Act that specific economic, social or
other considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report;

4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;

5. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision. In this connection, the decision making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones previously
acquired by the public. This finding shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to the City Council to determine that the public at large
has acquired easements for access through or use of property within a subdivision;

6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map
Act, if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land;

7. That, in the case of a “land project” as defined in California Business and Professions
Code Section 11000.5, (1) there is an adopted specific plan for the area to be included
within the land project; and (2) the decision making body finds that the proposed land
project is consistent with the specific plan for the area;

8. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act;

9. That the subdivision is consistent with California Government Code Sections66412.3
and 65584 regarding the City’s share of the regional housing need and that it balances
the housing needs of the region against the public service needs of the City’s residents
and available fiscal and environmental resources;

10. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the
Regional Water Quality Control Board; and

11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.

B. Denial if Findings Not Made. If the decision making body determines that one or more of

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City of Newport Beach, CA § 19.12.070 NEWPORT BEACH CODE § 19.12.090

the findings listed in subsection (A) of this section cannot be made, the tentative tract or parcel map shall be denied.

(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 §§ 805, 806, 2023)

Code Section 66474.2).

A. Regulations in Effect at Time Application Determined Complete. Except as otherwise
provided in subsections (B) and (C) of this section, the decision making body, in
determining to approve or deny a tentative map application, shall apply only those
ordinances, policies and standards in effect on the date that the City determined that the
application was complete pursuant to Section 19.08.050.

B. New Regulations Initiated Before Application Determined Complete. Subsection (A) of
this section shall not apply if the City, prior to determining a tentative map application to
be complete, has done both of the following:

1. Initiated proceedings by way of ordinance, resolution or motion to amend this
Subdivision Code, the Zoning Code, the General Plan, any applicable specific plan(s)
or other applicable City regulations; and

2. Published a public hearing notice in accordance with California Government Code
Section 65090 containing a description sufficient to notify the public of the nature of
the proposed change(s) to this Code, the General Plan, any applicable specific plan(s)
or other City regulations.

If both subsections (B)(1) and (2) of this section have been met, the City may
apply any ordinances, policies or standards enacted or instituted as a result of those
proceedings which are in effect on the date the City approves or denies the tentative
map.

C. Changes to Regulations Requested by the Subdivider. If the subdivision applicant requests
changes to applicable ordinances, policies or standards in connection with the same
development project, any ordinances, policies or standards adopted pursuant to the
applicant’s request shall apply.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 §§ 807, 808, 2023)

A. Minor Amendments. Minor amendments to approved tentative tract or tentative parcel maps or to any condition of approval thereon may be approved by the Community Development Director provided the Director determines that all of the following criteria are met:

1. No lots, units, building sites or structures are added to the project;

2. The changes involve no substantial change in lot configuration, street layout,
improvements or conditions of approval;

3. The changes are consistent with the intent of the original tentative map approval; and

4. The resulting tentative map remains in conformity with this Subdivision Code, other
applicable provisions of this Code and the Subdivision Map Act.

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City of Newport Beach, CA § 19.12.090 SUBDIVISIONS § 19.12.090

A minor amendment shall not alter the expiration date of the tentative map unless an
extension is also approved in accordance with Chapter 19.16.

B. Major Amendments. If the Community Development Director determines that a proposed
amendment to an approved tentative map or to any condition of approval thereon does not
meet the criteria for a minor amendment set forth in subsection (A) of this section, the
Director shall require the filing of a map amendment application and fee. Such major
tentative map amendments shall thereupon be reviewed in the same manner as an original
tentative map application. If such a major amendment is approved, the expiration date of
the amended tentative map shall be determined from the date of approval of the
amendment.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 809, 2023)

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City of Newport Beach, CA § 19.16.010 SUBDIVISIONS § 19.16.020