Chapter 19.36 — COMPLETION OF IMPROVEMENTS

§ 19.36.010. Improvement Agreements (California Government Code Section 66462).

No final map shall be signed by the City Engineer or recorded until required improvements are completed or an improvement agreement is executed and all required securities are received and approved by the City Council in accordance with this chapter. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 832, 2023)

Section 66462.5).

If a subdivider is required to construct off-site improvements on land in which neither the
subdivider nor the City has sufficient title or interest to allow construction, acquisition of
land or right-of-way for such improvements shall be carried out in accordance with California
Government Code Section 66462.5.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 833, 2023)

§ 19.36.030. Improvement Security (California Government Code Section 66499 et seq.).

Improvement security shall be in a form as prescribed by California Government Code Section
66499. The amount of security shall include all of the following:

A. Performance Security. One hundred (100) percent of the total estimated improvement
construction cost to guarantee the construction or installation of all improvements.

B. Material and Labor Security. An additional amount of between fifty (50) percent and one
hundred (100) percent, as determined by the City Engineer, of the total estimated
improvement construction cost to guarantee payment to the subdivider’s contractor,
subcontractors and persons supplying material, labor or equipment for the construction or
installation of improvements.

C. Warranty Security. An additional amount, as determined by the City Engineer, necessary
to warranty the improvement construction for a period of one year following City
acceptance thereof against any defective work or materials.

D. Additional Security. If the improvement security is other than a bond or bonds furnished
by a duly authorized corporate surety, an additional security amount shall be provided as
determined by the City Engineer necessary to cover the cost and reasonable expenses and
fees, including reasonable attorneys’ fees, which may be incurred by the City in
successfully enforcing the obligation secured.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 834, 2023)

Code Section 66499.5).

In the event that the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required by this chapter up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 19.36.040 NEWPORT BEACH CODE § 19.36.070

have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this chapter. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 835, 2023)

A. Construction Commencement and Inspection. Construction of improvements shall not commence until all required improvement plans have been approved by the City Engineer. All improvements are subject to inspection by the City Engineer or other authorized City personnel. Construction methods and materials for all improvements shall conform to accepted engineering practices and the City’s design criteria.

B. Acceptance of Improvements. Subdivision improvements shall be accepted by the City
only upon the City Engineer’s determination that such improvements have been
constructed satisfactorily in accordance with approved plans. When requested by the
subdivider in writing, the City Engineer may consider acceptance of a portion of the
subdivision improvements. Such improvements shall be accepted only if the City Engineer
finds that such improvements are necessary for public use. Acceptance of a portion of
improvements shall not relieve the subdivider from completing the full subdivision
improvements nor from satisfying any other requirements of this chapter.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)

§ 19.36.060. Release of Security (California Government Code Section 66499.7).

Security provided in accordance with this chapter shall be released pursuant to the provisions of
California Government Code Section 66499.7.
(Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001; Ord. 2023-22 § 836, 2023)

Upon the failure of a subdivider to complete all improvements within the time specified in an improvement agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered or certified mail, determine that the subdivider is in default. The Council may then cause the improvement security or such portion thereof as is necessary to complete the work or any other obligations of the subdivider to be forfeited to the City. (Ord. 2001-18 § 2 (Exh. ZA-1) (part), 2001)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 19.40.010 SUBDIVISIONS § 19.40.040