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Home My WebLink About2008-10-01_GP-LCP IC Agenda Meeting PacketAGENDA AGENDA General Plan/LCP Implementation Committee October 1, 2008 3:30 p.m. City Council Chambers 1. Approve Action Minutes from September 24, 2008 Attachment No.1 2. Zoning Code Re -write*** 3:30-3:35 • Review Topic No. 2 — Zoning Map/Zoning Districts and Use Tables (Part 2 of Draft Code) • Review Topic No. 3 — Planning Permit Procedures (Part 5 of Draft Code) Attachment No.2 3:35-6:45 3. Items for Future Agenda 6:45- 6:55 4. Public Comments on non -agenda items 6:55-7:00 ***All of Part 2 and all of Part 5 of the draft code will be discussed file:///FI/Apps/WEBDATA/Intemet/PlnAgmdmIGPlmplementationCommittee/ag10-01-08.htm [10/292008 10:32:08 AM] Attachment No. 1 g ,*�CITY OF NEWPORT BEACH GENERAL PLAN/LCP IMPLEMENTAION COMMITTEE DRAFT ACTION MINUTES Action Minutes of the General Plan/LCP Implementation Committee held at the City Council Chambers, City of Newport Beach, on Wednesday, September 24, 2008 Members Present: X Ed Selich, Mayor, Chairman X Leslie Daigle, Mayor Pro Tem X Don Webb, Council Member X Barry Eaton, Planning Commissioner X Robert Hawkins, Planning Commissioner X Michael Toer e, Planning Commissioner Advisory Group Members Present: X Mark Cross X Larry Frapwell X William Guidero X Ian Harrison X Brion Jeannette Don Krotee Todd Schooler Kevin Weeda Dennis Wood Staff Representatives: X I Sharon Wood, Assistant City Manager X David Le o, Planning Director X Aaron Harp, Assistant City Attorney X James Campbell, Senior Planner X Gregg Ramirez, Senior Planner E = Excused Absence Committee Actions 1. Agenda Item No. 1 — Approval of minutes of September 10, 2008. Action: Committee approved the draft minutes. Vote: Consensus 2. Agenda Item No. 2 —Zoning Code Re -Write Action: The Committee discussed three chapters of the draft Zoning Code: • Chapter 20.32 - Density Bonus. Staff explained that this chapter has been drafted in accordance with state law. The Committee discussed the parking requirements, determined that the review authority for incentives should remain the City Council and requested that a formula or tracking system be created to determine the value of improvements associated with resale provisions of affordable units built in compliance with this chapter. • Chapter 20.34 - Inclusionary Housing. Staff explained that this chapter is intended to implement Housing Program No, 2.2.1 and explained that this chapter is not required by state law therefore the city has flexibility in creating standards. The Committee and staff discussed how this chapter may help with achieving the City's RHNA. Committee discussed the chapter and directed staff to: • Re -asses affordability requirement percentages (20.34.030.A.1) and make them consistent with the 15% average policy. • Require that when determining number of affordable units required that standard rounding be used when units are provided (20.34.030). • Amend section 20.34.030 to require that the affordable units be required to be designed and have a comparable number of bedrooms as market rate units with the exception that affordable units do not need to have more than three bedrooms. • Add a requirement for monitoring affordable units required by an AHIP (20.34.070.A) • Amended section 20.34.080 to limit the use of the Affordable Housing Trust Fund money to only those actions directly related to the development or retention of affordable housing. • Amend section 20.34.090 to include specific requirements when an adjustment or waiver to the requirements of this chapter is requested. • Chapter 20.36 — Conversion or Demolition of Affordable Housing in the Coastal Zone. Staff explained that this chapter has been draft to implement state law (Mello Act) • The Committee directed staff to re-evaluate section 20.36.030 regarding the feasibility of replacing a residential use with a non- residential use. Vote: Consensus 3. Agenda Item No. 3 - Zoning Code Re -write — Distribution of review resource material Action: No materials were distributed. Vote: None 4. Agenda Item No. 4 — Items for a Future Agenda Action: Staff gave an update on the Fair Share Fee study Vote: None Attachment No. 2 GP/LCP Committee Draft Code Review October 1. 2008 Draft Code Review No. 2 Parts 1 and 2 of Draft Code Chapters/sections to be discussed at meeting: All of Parts 1 and 2. Zoning Map — Part 1, Chapter 20.14 and Back Pocket of Draft Code • Replaces Districting Maps • Depicts Zoning Districts • Indicates FAR and dwelling unit maximum (and some minimums) when the standard for a specific site differs from the district standard • Anomaly locations not shown for sites located within a Planned Community • Anomaly numbers are consistent with those in the General Plan • Setbacks that differ from the district standard are depicted on Setback Maps Zoning Districts — Part 2, All Chapters • Implements General Plan Land Use Categories (GP Table LU1 and GP Land Use maps thorough new zoning districts • Proposed uses in Zoning Districts are consistent with General Plan category descriptions • Permit requirements took into account General Plan policies related to the identified General Plan Districts and Corridors: Balboa Peninsula, West Newport, Old Newport Boulevard, Mariners Mile, Corona del Mar, etc. • Existing R1.5 Zoning District (Balboa Island) converted to R-2 • B Overlay zoning districts converted to base districts • Conditional Use Permit replaces Use Permit — No major changes in processing • Minor Use Permit with the Zoning Administrator replaces the Use Permit approved by the Director • Notable changes/additions to use tables Some non -retail (office) limited to above 151 floor only Marine Incentive Use provisions eliminated Emergency Shelters added in Accordance with SB2 Visitor Serving Retail use added Marine Related Retail use added • Eating and Drinking Establishments — Significant changes. Will require separate discussion at a later meeting GP/LCP Committee Draft Code Review October 1, 2008 Draft Code Review No. 3 Planning Permit Procedures Part 5 of Draft Code Chapters/sections to be discussed at meeting: All of Part 5 however, staff recommends that the focus of the review and discussion be on: • Coastal Development Permits • Modification Permits • Planned Development Permits • Site Development Review. 1. Coastal Development Permits — Section 20.66.010 (New) Existing Code: None • Written to be consistent with the Coastal Act and Coastal Regulations • City will have jurisdiction to issue CDP's when code/IP is certified by the Coastal Commission • Required of most development in the Coastal Zone if the development is not located in the Categorical Exclusion area or specifically exempted by Section 20.66.020.E.3 (As recommended by the City) • Allows the Director to issue a de minimus waiver which eliminates the need to obtain a CDP if certain requirements are met (Section 20.66.020.N) • Has different notice and hearing requirements in compliance with the Coastal Act • CDP decisions may be appealed to the Coastal Commission • Review Authority: Planning Commission 2. Emergency Permits — Section 20.66.030 (New) Existing Code: None • Provides procedures for the issuance of Emergency Coastal Development Permits • Generally, a project may be eligible if a situation requires that action be taken more quickly than the time typically taken to process a CDP • Requires that a CDP be applied for and obtained within 90 days of issuance of the Emergency Permit. • Review Authority: Planning Director 3. Reasonable Accommodations — Section 20.66.040 Existing Code: Chapter 20.98 GP/LCP Committee Draft Code Review October 1, 2008 • Written to be consistent with State and Federal law • Provides a course for relief from compliance with code requirements when it can be demonstrated that a deviation is necessary to provide an individual with a disability equal opportunity to use and enjoy a dwelling • Review Authority: Hearing Office • Written to be consistent with reasonable Accommodation regulations adopted as part of Group Home Ordinance 4. Modification Permits — Section 20.66.050 (Revised) Existing Code: Chapter 20.93 • Deviation from standards limited to a maximum of 10% • Current code does not have a deviation limit • Findings revised but remain similar to existing code • Review Authority: Zoning Administrator 5. Planned Development Permits — Section 20.66.060 (New) Existing Code: None • Provides a comprehensive review process for a proposed project where multiple deviations are requested and possibly desirable instead of requiring multiple requests for modification permits, relief from parking requirements, etc. • Allows deviations from all development standards except height and FAR or residential density, or commercial intensity or use. • Useful with re -development and in -fill projects • Requires efficient site planning, efficient use of land and enhanced amenities • Minimum site area - 1 acre • Review Authority: Planning Commission 6. Site Development Reviews — Section 20.66.070 (New) Existing Code: None • Mandatory for review of development projects that exceed thresholds • Thresholds and review authority outlined in Table 5-2 on page 5-41 • SDR includes review for compliance with all zoning code standards in addition to General Plan polices and any other City regulations or polices such as design criteria • Is not a tool to request relief from development standards • Not a substitute for CUP or MUP review GP/LCP Committee Draft Code Review October 1, 2008 Y Review Authority: Zoning Administrator or Planning commission 7. Limited Term Permits — Section 20.66.080 (Revised) Existing Code: Section 20.60.015 • Regulates requests for limited duration land uses • 12 month limitation with a maximum of on 12 month extension • Examples of uses include: construction yards, off-site parking for marine uses, Christmas tree lots, work trailers, mobile labs, etc. • No public hearing for uses not exceeding 90 days • Review Authority: Zoning Administrator B. Conditional Use Permits — Section 20.66.090 (Revised) Existing Code: Chapter 20.91 • Name change from Use Permit (UP to Conditional Use Permit (CUP) • Findings revised • Review Authority: Planning Commission 9. Minor Use Permits — Section 20.66.090 (Revised) Existing Code: Chapter 20.91 (Use Permit issued by PD) • Replaces current Use Permit issued by the Planning Director (PD/U) • Public hearing now required for each application. • Findings revised • Review Authority: Zoning Administrator 10. Conditional Use Permits in Residential Zones — Section 20.66.095 Existing Code: Chapter 20.91A • Includes regulations from recently adopted Group Homes Ordinance for CUP's in residential districts. • Review Authority: Hearing Officer 11.Variances — Section 20.66.100 (Revised) Existing Code: Chapter 20.91 • Findings revised • Clearly indicates that past Variance approvals do not create precedent • Review Authority: Planning Commission Page 1 of 5 Whelan, Melinda From: Robert C. Hawkins [rhawkins@earthlink.net] Sent: Tuesday, September 30, 2008 1:52 PM To: Whelan, Melinda Subject: FW: Zoning Map & Zoning District Uses & Standards in the Proposed Zoning Code Attachments: 20080930 Part 2 RCH.doc From: Barry D. Eaton [mailto:eaton727@earthlink.net] Sent: Tuesday, September 30, 2008 2:23 AM To: Wood Sharon; Campbell, James; Ramirez, Gregg; Lepo, David Cc: Hawkins Robert; Webb, Don; Toerge, Michael; Eaton, Barry; Daigle, Leslie; Selich, Ed Subject: Zoning Map & Zoning District Uses & Standards in the Proposed Zoning Code Sharon, et al, I have now read these 8 Chapters (20.14, and 20.16 [labeled as 20.30] through 20.28) of the proposed Zoning Code; and, as you no doubt have anticipated, I have some questions thereon. My guess is that at least questions 19), 20), 21), 28), 33), and 36) through 40) rise to the level of policy questions to be discussed by the Committee as a whole, but you may feel that there are others that do, as well. For clarity, I am continuing the numbering of these questions from my first email on the Housing Chapters, and I have separated them by Chapter. I apologize for getting these to you so late in this interval between meetings (compared to normal for me) but I did spend a significant portion of that interval at Hoag. As you can probably also guess, I anticipate that I will not have time to read all 74 pages of part 5, which we were also supposed to cover in this one week interval. Chapter 20.14 - Zoning Map 15) Table 1-1 (in Section 20.14.020) lists a "R -I -A" zone, but there appears to be no such zone in Part 2, or on the Map. Is there any reason to retain the reference to it? 16) What is the purpose of the "Area Maps" that precede the large Zoning Map itself? 17) The several area maps for the Peninsula and West Newport all include large areas of the sand beach. Is there a reason for that? Are those areas zoned? 18) The area map for Mariner's Mile appears to only include the west portion of the Mariner's Mile Overlay Area. Was that deliberate? 19) The area map for the high rise areas include Belcourt, One Ford Road, adjacent smaller developments, and and all of Newport North Planning Area as within the 375' height zone. Now that all of those areas have been developed as residential and low rise non-residential, shouldn't this be amended? 20) On the zoning map itself, all of the several "Bluffs" developments, and the project at the south east corner of Irvine and University are proposed to be designated as R -I zoning. But the R -I zone in the text states that it is exclusively for detached single family zoning, prohibits attached dwellings, and requires side yards for each unit; and these areas are developed as attached "townhouse" units. Is this 09/30/2008 Page 2 of 5 not internally inconsistent? Should we not consider a different zoning designation for Single Family Attached units? Chapter 20.16 (labeled as Chapter 20.30) - Development and Land Use. _Approv..aI Requirements 21) The section numbered as 20.30.020.E. (presumably intended to be Section 20.16.020.E.) states that "The City may adopt criteria, guidelines, and policies separate from this Zoning Code that may affect the use and development of land." If so, how will these other categories of restrictions be memorialized and made available to the public, so that property owners and applicants may know all the restrictions that will apply to their property? 22) The section numbered as 20.30.030.A.2. (presumably intended to be numbered Section 20.16.030.A.2.) refers to "Minor Use Permits" as if they were the same thing as Conditional Use Permits, even though they are separately provided for in subsection 4. of this same section. Was this intentional? Are CUPS and MUPs the same thing, with the same processing requirements? If not, shouldn't they be separated in this Section? Chapter 20.18 - Residential Zoning _Districts 23) Section 20.18.01 O.A. - see question 20) above. 24) Table 2-1, 2nd line (indicating that "Single Family Dwellings - Attached" are prohibited in the R-1 zone) - see question 20) above. 25) Table 2-1, 9th line (indicating that short term lodging is prohibited in the R-1 zone) - is this consistent with the current version of Chapter 5.95 of the Code? 26) Table 2-1, 13th line (indicating that large [9-14 children] Day Care facilities are permitted with a Minor Use Permit in the R-1 zone) - does this reflect the current code? 27) Table 2-1, 21st line (indicating that "parking facilities" are permitted with a MUP in the R-1 zone) - is this consistent with the current code? What is a "Parking Facility"? It is not defined in Part 7 (Definitions) of the proposed code. 28) Table 2-1, 23rd line, "Utilities" are permitted by right in all of the residential zones. But "Utilities" are defined in Part 7 (page 7-52) to include the "provision.... of oil. gas, power, ... and includes facilities for the generation of electricity." Does this mean that oil facilities and "peaker" electric generating facilities would be permitted in all the residential zones - even the R-1 zone - by right? Why on earth would we permit a "peaker" electric generation facility in the R-1 zone by right? 29) Table 2-2, in the right hand column, states that garages facing alleys shall have a "maximum" setback of 7 feet. Why? 30) Table 2-2, under height, lists a separate height maximum in the R-1-7,200 zone than all the other R- 1 zones. Why? 31) Table 2-2, footnotes (1) and (4) appear to be new to me. Are they new, or are they in the existing code? Footnote (1) can be particularly onerous, if actually implemented by the City. 09/30/2008 Page 3 of 5 32) Table 2-3 has footnote (3) in the first line. Shouldn't it be in the 10th line, dealing with Site Area per Dwelling Unit? 33) The staff summary sheet notes that almost all of Balboa Island has been proposed to be, in effect, rezoned from R-1.5 to R-2. As I understand it, the difference between R-1.5 and R-2 currently is the lower FAR provided for in the R-1.5 zone; and that Balboa Island considers this to be a very important provision in their community character, Yet, Table 2-3, under Floor Limit, provides no FAR restriction whatever in the proposed R-2 zone. Isn't this completely contrary to what the Balboa Island residents have consistently requested for their island? Why is no FAR proposed for the R-2 zone - or at least in the Balboa Island portion of the R-2 zone? 34) In the Open Space section of Table 2-3 no minimum dimensions are stated for either the proposed Common open space or Private open space requirements. Yet, in Chapter 20.22 (page 2-36), there are such minimum dimension requirements for exactly the same required Open Space requirements. Shouldn't those also be provided here? Chanter 20.20 - Commercial Zoning Districts 35) The Title Block of this Chapter includes a reference to Section 20.65.085 - uses requiring City Manager approval. I could not find such a section; and is there really a zoning process approvable only by the City Manager? If so, what is it? 36) Table 2-4, 4th line, permits "Research and Development" by right in all the proposed Office zones, with no limitations as to size or nature of such development. The definition of R & D in part 7 (page 7- 43) includes "product testing". Do we really want no limitations whatever on such a use in the office zones other than the Airport Office zone? 37) Table 2-4, 11th line, permits Accessory Off Site Alcohol Sales in all the proposed office zones, by right. Do we really want no limitation whatever on this use in the office zones other than the Airport Office zone? 38) Table 2-4, last line on page 2-17, permits large Day Care (15+ children) in the Airport Office zone, with a MUP. Do we really want this kind of use in such a noise impacted area - even with a MUP? 39) Table 2-4, 11th line on page 2-18, permits Emergency Shelters by right in only the Airport Office zone, and I could find no other zone in which this use is permitted in any way. This use is defined in Part 7 (page 7-23) as essentially "housing". Why would we permit housing in only the most noise impacted area in the City? Is this consistent with the Airport AELUP, that the City must be consistent with? 40) Table 2-4, page 2-18, permits Crematoriums by CUP in all the office zones, and Maintenance and Repair Services by right in all the office zones except OM (Medical Office). It also permits Hotels and Motels by CUP in the OM zone, but prohibits them in the OR (Regional Office) zone; and would permit "peaker" electric generator facilities in all the office zones, including the OM (medical) zone. Is all this consistent with the General Plan? 41) Table 2-5, 12th line, prohibits retail sales in the CV (Commercial Visitor -Serving) zone. Why would we do that? 09/30/2008 Page 4 of 5 42) Table 2-5, under Service Uses, would require that Corporate and Professional Offices could only be located above the first floor; but that requirement would not apply to Business or Medical and Dental offices. Why? Is there such a difference between "Business" and "Professional" offices that one is permitted on the first floor in the Commercial zones, but not the other? Chapter 2022 ...... Mixed Use Zoning Districts 43) Table 2-9, 6th line, permits Boat Rentals and Sales by right in the Dover/Westcliff zoning district. Really? Do we want a boat yard in that district? 44) Table 2-9, top line on page 2-31, has footnote (2) (regarding Coast Highway) in the MU -H4 (Cannery Village/Peninsula) district. Doesn't this footnote belong in the HU -HI -MM (Mariner's Mile) district? 45) Table 2-11, first line, requires a minimum lot size in the MU -HI -DW (Dover/Westcliff) district of 40,000 square feet. Why so large? 46) Table 2-11, 3rd line. provides both minimum and maximum lot areas per square foot (minimum, as well as maximum residential density) in all the MU Districts, except for the MU -HI -DW district. Why the minimum density requirement, and why does neither the minimum nor maximum apply to Dover/Westcliff? 47) Table 2-12 appears to have the "MM" missing from the MU -W 1 District, and refers to Specific Plan numbers for both of the districts in this table; whereas none of the other tables refer to Specific Plans. Why? 48) Table 2-12, 4th line, refers to separate FAR standards for "Lido Marina Village", but doesn't have any other separate standards for this particular area. Was this intentional? Chanter 20.24 - hrdustrial Zoning -District 49) Table 2-13, 17th line, permits retail by right in this Industrial District. Why wouldn't there be a MUP required for retail uses in an Industrial District? Chapter 20.26_- Special Purpose Districts (No comments.) Chapter 20.28 - Overlay Districts (No continents.) As you can see, I got tired toward the end of this laborious review; and probably missed some things; which is also why I don't think I'm going to be able to give the 74 pages of Part 5 an adequate review by Wednesday. I look forward to your responses to these questions; and which ones you think are policy 09/30/2008 Page 5 of 5 questions for the whole Committee to discuss. Barry 09/30/2008 Commissioner Hawkins' Comments On Part 2 Use Tables No Changes to Current Practice, or already Discussed Pg. 2-9 Table 2-1 - Short Term Lodging under R-2 ( Prohibit or MUP) Pg. 2-9 Table 2-1 - Day Care General 15 or more under R-2 and R -M (Why HO?) Pg. 2-17 Table 2-4 - Research and Development under OA, OG, OM, and OR (MUP? CUP?) Pg 2-18 Table 2-4 - Alcohol Sales (off -sale) Accessory Only under OA, OG ,OM, and OR (MUP?) Pg. 2-18 Table 2-4 - Animal Grooming under OG and OR (MUP ?) Pg. 2-18 Table 2-4 - Day Care — General 15 or more under OA, OG, OM, OR (CUP?) Pg. 2-19 Table 2-4 - Laboratories (definition needs a size component; this would include Allergan) under OA, OG, OM, OR (MUP? CUP?) Pg. 2-19 Tbale 2-4 - Communication Facilities under OA, OG, OR (MUP?) Pg. 2-21 Table 2-5 - Marine Retail Sales under CC, CG, CM, CV (MUP?) Pg. 2-29 Table 2-8 - Industry Marine Related under MU -1-14 (CUP? MUP?) Pg. 2-29 Table 2-8 - Research and Development under MU -HI MM (MUP?) Pg. 2-30 Table 2-9 - Adult Day Care 6 or fewer and Child Day Care Small 8 or fewer (MUP? For all) Pg. 2-31 Table 2-9 and Pg. 2-34 Table 2-10 - Eating and Drinking Establishments Bars, Lounges, and Nightclubs under MU -V, MU -1-11 MM, MU -114, MU -W1 MM 5, MU -W2 (Not allowed) Pg. 2-43 Table 2-13 - Industry Research and Development (MUP?) Pg. 2-43 Table 2-13 - Industry Small 5,000 sq ft or less under IG (MUP?) Pg. 2-43 Table 2-13 - Wholesaling under IG (MUP?) Pg. 2-50 Table 2-15 - Parks and Ree Facilities Active under OS (CUP?) Pg. 2-50 Table 2-15 - Parks and Rec Facilities Passive under OS (P?) Pg. 2-50 Table 2-15 - Governmental Facilities (Definition should include City facilities) Commissioner Hawkins' Comments on Part 2 Use Tables New or Changed Provisions Pg. 2-8 (Doesn't the map have more districts including R-1 Attached? If not, shouldn't it have differientation between R-1 and the Bluffs townhouses?) Pg. 2-9 Table 2-1 - Breakfast and Inns under R-2 and R -M (why HO?) Pg.2-9 Table 2-1 - Parking Facility under R-1 (MUP? CUP?) Pg. 2-9 Table 2-1 - Wireless Telecoms under Residential (not allowed on residential lots?) Pg. 2-10 Table 2-2 - Front Setback for R-1 10,000 15 ft (Why smaller than 20') Pg. 2-11 Table 2-2 - Rear Setback for R-1 7,200 20 ft (?) and R-1 10,000 10 ft. (Why smaller than 7,200?) Pg. 2-11 Table 2-2 - Height for R-1 7,200 vs. Height for R-1 10,000 (Why are the small lots allowed higher height limits than large lots?) Pg. 2-15 Note (2) of Table 2-3 (How is this consistent with the General Plan policy prohibiting new subdivisions?) Pg. 2-18 Table 2-4 - Retail Sales less than 10,000 sq ft under OA (MUP?) Pg. 2-18 Table 2-4 - Retail Sales 10,000 sq ft or gretaer under OA (CUP?) Pg.2-18 Table 2-4 - Convalescent Facilities under OG and OM (MUP?) Pg. 2-19 Table 2-4 - Eating and Drinking Establishments (This section needs clarity, simplicity, and a lot of work) Pg. 2-19 Table 2-4 - Emergency Shelters under OA, OG, OM, OR (MUP?) Pg. 2-19 Table 2-4 - Personal Services (Definition is too broad for all sections) under OA, OG, OM, OR (MUP?) Pg. 2-22 Table 2-5 - Marine Services Boat Storage and Boat Yards under CM (MUP?) Pg. 2-31 Table 2-9 - Fast Food no late hours, Food Service no alcohol no late hours, Take-out Service Limited, Take-out Service Only under MU -V, MU -H 1 MM, MU -114 (MUP instead of P?) Pg. 2-43 Table 2-13 - Alcohol Sales off -sale under IG (MUP?) Pg. 2-43 Table 2-13 - Adult -Oriented Businesses under IG (MUP? Kemrels require MUP but adult is permitted?) Chapter 20.16 — Development and Land Use Approval Requirements Sections: 20.16.010 - Purpose 20.16.020 - General Requirements for Development and New Land Uses 20.16.030 - Allowable Land Uses and Planning Permit Requirements 20.16.040 - Short Term Uses and Structures 20.16.050 - Special Events 20.16.060 - Coastal Development Permit. 20.16.070 - Additional Permits and Approvals may be Required 20.16.010 - Purpose This purpose of this Title (or Chapter) is to Dart -describes the general requirements of this Zoning Code for the approval of proposed development and new land use activities. Land use requirements for specific land uses are established by this Part 2, Part 3 (Site Planning and General Development Standards), and Part 4 (Standards for Specific Lan Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 20.16 Development and Land Use Approval Requirements atRCHII Uses). Land use and development approval and administrative provisions are established by Part 5 (Planning Permit Procedures) and Part 6 (Zoning Code Administration). 20.16.020 — General Requirements for Development and New Land Uses No use of land or structures shall be allowed, altered, constructed, established, expanded, reconstructed, or replaced unless the use of land or structures complyies with the following requirements of this Chapter. A. Allowable use. The land use shall be identified by Chapter 20.18 (Residential Zoning Districts), Chapter 20.20 (Commercial Zoning Districts), Chapter 20.22 Mixed -Use Zoning Districts, Chapter 20.24 (Industrial Zoning Districts), Chapter 20.26 (Special Purpose Zoning Districts), or Chapter 20.28 (Overlay Zoning Districts) as being allowable in the zoning district applied to athe site. B. Permit requirements. Permits required by this Zoning Code shall be obtained before the proposed use is constructed, any activities associated with such construction are commenced, is otherwise established, or is put into operation. C. Development standards. Uses and/or structures shall comply with all applicable development standards of this Part, the provisions of Part 3 (Site Planning and General Development Standards), Part 4 (Standards for Specific land Uses), and other adopted criteria, guidelines, and policies related to the use and development of land. D. Conditions of approval. Uses and/or structures shall comply with all conditions imposed by a previously granted permit. Failure to comply with imposed conditions shall be grounds for revocation of the permit in compliance with Chapter 20.82 (Enforcement). Other development criteria, guidelines, and policies. The City may adopt criteria, guidelines, and policies separate from this Zoning Code that may affect the use and development of land. All applicable standards, criteria, guidelines, policies, and procedures related to development shall apply when appropriate as determined by the applicable review authority. F. Reasonable Accommodations. The review authority may grant reasonable accommodations (medifisations) to the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in compliance with Section 20.66.040 (Reasonable Accommodations). 20.16.030 — Allowable Land Uses and Planning Permit Requirements A. Allowed land uses. Permitted uses. Permitted subject to compliance with all applicable provisions of this Zoning Code, issuance of a Zoning Clearance (Section 20.66.110), and any Building Permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables. Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 Development and Land Use Approval Requirements 20.16 2. Conditional Use Permit required. Allowed subject to the approval of a Conditional Use Permits and Minor Use Permits (Section 20.66.090) and shown as "CUP" uses in the tables. 3. Conditional Use Permit - Hearing Officer required. Allowed subject to the approval of a Conditional Use Permit - Hearing Officer (Section 20.74.040) and shown as "CUP -HO" uses in the tables. 4. Minor Use Permit required. Allowed subject to the approval of a Conditional Use Permits and Minor Use Permits (Section 20.66.090), and shown as "MUP" uses in the tables. B. Multiple uses on a single site. Where a proposed multi -tenant project includes multiple land uses that require different permits, the project shall be authorized through the approval of the permit requiring the highest level of review. This provision shall not apply to a new single use when locating in an existing multi -tenant project. 20.16.040 — Short Term Uses and Structures Requirements for establishing a short term use or structure (e.g., construction yards, seasonal sales lots, temporary office trailers, etc.) are identified in Section 20.66.080 (Limited Term Permits). 20.16.050 — Special Events Requirements for holding a special event are identified in Municipal Code Chapter 11.03 (Special Events). In addition, all other applicable permits shall also be obtained. 20.16.060 — Coastal Development Permit. A coastal development project in the Coastal Zone shall require approval of a Coastal Development Permit in compliance with Section 20.66.020, unless identified as exempt in that Section. 20.16.070 — Additional Permits and Approvals may be Required A. Other permits required. An allowed land use or structure that is exempt from a permit, or has been granted a permit, may still be required to obtain other permits before the use or structure is constructed, , any activities associated with such construction are commenced or is otherwise established, and is put into operation. Nothing in this Section shall eliminate the need to obtain any permits or approvals required by: Other provisions of the Municipal Code (e.g., Building Permits, Grading Permits, other construction permits, Live Entertainment Permit, or a Business License); or 2. Orange County, a special district, or any regional, State, or Federal agency. B. Timing of other permits. All necessary permits shall be obtained before starting work or establishing a new use. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 Chapter 20.18 — Residential Zoning Districts [R-1, R-2, RM] Sections: 20.18.010 — Purposes of Residential Zoning Districts 20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements 20.18.030 — Residential Zoning Districts General Development Standards 20.18.010 — Purposes of Residential Zoning Districts The purposes of the individual residential zoning districts and the manner in which they are applied are as follows: A. R-1 (Single -Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-2 (Two -Unit Residential) Zoning District. The R-2 zoning district is intended to provide for areas appropriate for two unit residential dwelling units (i.e., duplexes) located on a single legal lot. C. RM (Multiple Residential) Zoning District. The RM zoning district is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. Question: Doesn't the map have more districts including R-1 Attached? If not, shouldn't it have some differentiation between R-1 and the Bluffs Townhouses? 20.18.020 — Residential Zoning Districts Land Uses and Permit Requirements A. Allowed land uses. Table 2-1 indicates the uses allowed within each residential zoning district and the permit required to establish the use, if any, in compliance with Part 5 (Planning Permit Procedures). 2. Residential uses represent the primary allowed use, and only those additional uses that are complementary to, and can exist in harmony with, the residential character of each zoning district may be allowed as accessory, conditionally permitted, and/or temporary uses. B. Prohibited land uses. A table cell with "--" means that the listed land use is prohibited in that zoning district. C. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use. Provisions in other Sections of this Zoning Code may also apply. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 Residential Zoning Districts [R-1, R-2, RMI 20.18 Land Use See Port 7 for an See Chapter 20.1 o use definitions. R -A R-0 Residential Zoning Districts RM Specific Use Regulations Permit Requirements' TABLE 2-1 P Permitted By -Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) REQUIREMENTS CUP -HO Conditional Use Permit- Hearing Officer (20.66.095) MUP Minor Use Permit (20.66.090) LTP Limited Tenn Permit (20.66.080) Land Use See Port 7 for an See Chapter 20.1 o use definitions. R -A R-0 R-2 RM Specific Use Regulations 2 for unlisted uses. Whv HO Whv HO? Short Term Lodging --- --- Bed & Breakfast Inns --- --- CUP -HO CUP -HO 20.60.060 Whv HO Whv HO? Short Term Lodging --- --- P Prohibit p MC 5.95 or MUP Adult Day Care Small (6 or fewer) Small (8 or fewer) Day Care, General (15 or more) Limited (6 or fewer) Licensed Limited (6 or fewer) Unlicensed General (7 or more) Licensed General (7 or more) Unlicensed Parking Facility Wireless --- --- ---I vVr-n' -- --- --- CUP -H( --- CUP -H( --- CUP -H( MUP MUP? MUP MUP CUP? --- --- --- MI IP IN H Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 ' 20.18 Residential Zoning Districts [R-1, R-2, RM] Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district are not allowed, except as provided by Section 20.12.020 (Rules of Interpretation). 20.18.030 — Residential Zoning Districts General Development Standards New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-2 and 2-3, in addition to the development standards in Part 3 (Site Planning and Development Standards). TABLE 2-2 DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS Development R-1 - R-1 - R-1 - Additional Feature R -A R-1 6,000 7,200 10,000 Requirements Lot Dimensions Lot Area (1) (2) Minimum dimensions required for each NEWLY CREATED lot. Corner lot 87,120 sq. 6,000 sq. 6,000 sq. 7,200 sq. 10,000 sq. ft. ft. ft. ft. fl. Interior lot 87,120 sq. 5,000 sq. 6,000 sq. 7,200 sq. 10,000 sq. ft. fit. ft. ft. ft. Lot Width Corner 125 ft. 60 ft. 60 ft. 70 ft. 90 ft. Interior 125 fl. 50 fl. 60 ft. 70 ft. 90 ft. Lot Length N/A I N/A 1 80 ft. 1 90 ft. 1 100 ft. Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling. These are minimum setbacks required for primary structures. See Section 20.80.090 (Setback Regulations and Exceptions) for setback measurement, allowed Setbacks projections into setbacks, and exceptions. The following setbacks shall apply, unless different requirements are identified on the Setback Maps in which case the Setback Maps shall control. See Part 8, Figure x 1 5 ft. Why Front: 20 ft. 20 ft. 20 ft. 20 ft. smaller 20.30.090 Side (interior, each): Lots 40 ft. wide or 5 ft. 3 ft. (4) 6 ft. 5 ft. 10 fl_: 20.30.090 less. Lots wider than 40 5 ft. 4 ft. 6 ft. 5 ft. 10 ft. ft. oijy Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 Residential Zoning Districts [R-1, R-2, RM] 20.18 TABLE 2-2 DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS Development R -A R-1 R-1 - R-1 - R-1 - Additional Feature I 6,000 7,200 10,000 I Requirements Side (Street less N/A side): N/A N/A N/A Lots wider than 40 Lots 40 ft. wide or 5 ft. 3 ft. 6 ft. 5 ft 10 ft. 20.30.090 less. 60% 60% 60% Height (3) Maximum height of structures without discretionary approval. See Section Lots wider than 40 5 ft. 4 ft. 6 ft. 5 ft. 10 ft. 24 ft. ft. 2 stories See Sections Rear 25 ft. 10 ft. 6 ft. 20 ft.? 10 ft.Whv Minimum 4/12 2 stories Why are Areas and smaller Garages on Abutting Alley: the small 20.30. A than 72K alleys shall be 15 ft. wide or less N/A 5 ft. N/A N/A set back a allowed structures and minimum of 5 ft. 15'-1" to 19'-11" N/A 3'-9" N/A N/A N/A and a maximum limits than of 7 ft. 20 ft. wide or N/A 0 N/A N/A N/A open space. more N/A Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 As provided on Setback Maps (See Part 8, Figure x) and Chapters 20.38 (Bluff, Bluff edge Canyon, and Shoreline Protection in the Coastal Zone) and 20.40 (Bluff and Canyon setback Protection Outside the Coastal Zone Bulkhead Structures shall be set back a minimum of 10 ft, from the bulkhead in each zoning district. _setback Site Coverage _ Maximum percentage of the total lot area that maybe covered by structures. Lots 40 ft. wide or less N/A N/A N/A N/A N/A Lots wider than 40 ft. 40% N/A 60% 60% 60% Height (3) Maximum height of structures without discretionary approval. See Section 20.30.050.8 increase in eight Limit torpossible increase in hei ht limit. Flat roof 24 ft. 24 ft. 24 ft. 35 ft. and 24 ft. 2 stories See Sections Sloped roof; 29 ft. 29 ft. 29 ft. 40 ft. and 29 ft. 20.30.090.0 (Height Limit Minimum 4/12 2 stories Why are Areas and pitch the small 20.30. A lots .050. (Height of allowed structures and higher measurement) helaht limits than lar a lots? Open Space Minimum required open space. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 Residential Zoning Districts [R-1, R-2, RMI 20.18 TABLE 2-3 DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS Development Feature R-2 R-2- 6,000 RM RM - 6,000 Additional Requirements See Chanter 20.54 Notes: (1) The Coity may require the merger of existing substandard lots that do not meet minimum size requirements in compliance with Municipal Code Chapter 19.68 (Merger of Contiguous Lots). (2) Lots in the R-1 and R-2 zoning districts may be subdivided so that the resulting lot area for each new lot is less than that identified in Table 2-3; provided the minimum lot size shall not be less than the average size of lots located on the same block face and in the same zoning district.? (Question: How is this consistent with the General Plan policy prohibiting new subdivisions? No new lot shall be less than 2,400 square feet. Lot width and length may vary according to other similar lots within the subject area. (3) On a site of less than 5,000 square feet that existed prior to March 10, 1976, a two-family dwelling may be constructed provided that there shall be not less than 1,000 square feet of land area for each dwelling unit. (4) The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. (5) Interior and street side setback areas are not required to be wider than 15 feet; however, the side setback area on the street side of a corner lot, where the abutting lot has a reversed frontage, shall not be less than the front setback area required on the abutting reversed frontage. (6) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting the lot. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 Commercial Zoninq Districts 20.20 G. CM (Commercial Recreational and Marine) Zoning District. The CM zoning district is intended to provide for areas appropriate for commercial development on or near the waterfront that will encourage the continuation of coastal -dependent and coastal -related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor -serving and recreational uses, and encourage physical and visual access to the bay on sites located on or near the bay. H. CN (Commercial Neighborhood) Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. I. CV (Commercial Visitor -Serving) Zoning District, The CV zoning district is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. 20.20.020 – Commercial Zoning Districts Land Uses and Permit Requirements A. Allowed land uses. Tables 2-4 and 2-5 indicate the uses allowed within each zoning district and the permit required to establish the use, if any, in compliance with Part 5 (Planning Permit Procedures). B. Prohibited land uses. Any table cell with "—" means that the listed land use is prohibited in that specific zoning district. C. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use. Provisions in other Sections of this Zoning Code may also apply. D. Uses to be conducted within an enclosed structure. All uses allowed within the commercial zoning districts shall be conducted within an enclosed structure, unless allowed otherwise by a Conditional Use Permit or Minor Use Permit. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 LM�j',;. Commercial Zoning Districts TABLE2-4P Permit Requirements'__ -Permitted ALLOWED USES AND PERMIT CUP By -Right Conditional Use Permit (20.66.090) REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) --- Not allowed Land Use See Part 7 for land use definitions. OA OG oM OR Specific Use Regulations See Chapter 20.12 for unlisted uses. Handicraft Industry P Industry, Small (Less than 5,000 sq. ft.) MUP Personal Storage (Mini Storage) P Research and Development PMUP?CUP? Psame Psame P Same IAI:.L.U� a a [•Iglal U-L'1-'.LI.�J` Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 LM�j',;. 20.20 Commercial Zoning Districts Commercial Zoning Districts TABLE 2-4 P PertniPermit Requirements' Bed By -Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Tenn Permit (20.66.080) — Not allowed . Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. OA OG Specific Use OM OR Regulations Assembly/Meeting Facilities (Less than 5,000 sq. ft. CUP CUP CUP CUP Commercial Recreation and Entertainment --- --- --- CUP Cultural Institutions P -- P Schools, Public and Private CUP CUP --- CUP Schools, related to medical professions TradeRetail Uses Alcohol Sales (off -sale) MUP MUP MUP MUP MUP MUP MUP MUP 20.60.030 Alcohol Sales (off -sale), Accessory Only P MUP? P MUP? P P P U Retail Sales (less than 10,000 sq. ft.) PMUP? P P P Retail Sales (10,000 sq. ft. or greater) PCUP? --- --- --- Pharmacy, Medical Supplies Medical,Service Uses - Business, Financial, Professional ATM's P P P P P P P P Convalescent Facilities PMUP? P MUP? --- Emergency Health Facilities P? MUP? P P? P MU P Financial Institutions and Related Services P P P P Hospitals CUP Offices - Business P P P P Offices - Corporate P P --- P Offices - Medical and Dental P P P P Offices - Professional P P P P Outpatient Surgery Facility Service Uses - General Adult -Oriented Businesses P CUP P P P MC 6.96 20.60.020 Ambulance Services I P I --- P -- Animal Sales and Services Animal Boarding/Kennels Animal Grooming Veterinary Services Services Day Care - General (15 or more) �®0MMI Mllls'zrlf 1XII- a �WRTM�ffmmz Newport Beach Beach Zoning Code, Title 20 Public Review Draft - September 2008 Commercial Zoning Districts 20.20 pipp—W TABLE 2-44.q ALLOWED USES AND P REQUIREMENTS Permit Requirements' P Permitted By -Right CUP Conditional Use Permit (20.66.090) MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) --- Not allowed' Land Use See Part 7 for land use definitions. OA OG OM See Chapter 20.12 for unlisted uses. Eating and Drinking Establishments This section needs clarity, simplicity and a lot of work Accessory (open to public) Bars, Lounges, and Nightclubs Fast Food (no late hours) (1)(2) Fast Food (with late hours) (1) Food Service (no alcohol, no late hours) (1)(2) Food Service (no late hours) (1) Food Service (with late hours (1) Take -Out Service, Limited (2) Take -Out Service Only (2) Outdoor Dinina - Accessory and OR Specific Use Regulations P P P P 20.60.090 CUP MUP --- CUP 20.60.080 P/MUP P/MUP --- --- 20.60.090 MUP MUP --- --- 20.60.090 P/MUP P/MUP P/MUP P/MUP 20.60.090 MUP MUP MUPMUP CUP? 20.60.080 CUP CUP CUP CUP 20 .60.090 P/MUP P/MUP P/MUP I P/MUP MUP MUP MUP MUP P MUP? MUP? UP? ? MUP MUP MUP MUP CUP CUP CUP CUP Small - 2,000 sq. ft or less P P P P Large - Over 2,000 sq. ft. MUP MUP MUP MUP Laboratories (Definitiion needs a size P MUP? P P P component: this would include Alleroan. CUP? MUP? MUP? MUP? Wireless Telecommunication Facilities Municipal Code Chapter 15.70 Public Review Draft - September 2008 CUP? CUP? CUP? Maintenance and Repair Services P P -- P Massage Establishments MUP MUP MUP MUP MC 5.50 20.60.120 Massage Services, Accessory MUP MUP MUP MUP 20.60.120 Personal Services definition Is too broad PMUP? — P MUE? P UP? P U Postal Services P P P P Printing and Duplicating Services P P P P Visitor Accommodations, Nonresidential Hotels, Motels, and Time -Shares Communication Facilities P MUP? P MUP? ---- P MUP? Heliports and Helistops CUP --- CUP CUP Parking Facilities MUP MUP MUP MUP Utilities P P P P Wireless Telecommunication Facilities Municipal Code Chapter 15.70 Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 ' Commercial Zoning Districts Commercial Zoning Districts TABLE 2-5Permit Requirements P Permitted By -Right ALLOWED USES AND CUP Conditional Use Permit (20.66.090) PERMIT REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) --- Not allowed Land Use See Part 7 for land use definitions. 20.20 CGI CM I CN I CV Spefic Use Regulations Assembly/Meeting Facilities (above 15 floor CUP CUP only) CUP CUP CUP Commercial Recreation and Entertainment CUP CUP CUP CUP CUP Cultural institutions P P MUP P Schools, Public and Private --- CUP TradeRetail Uses Alcohol Sales (off -sale) MUP MUP _ CUP CUP CUP MUP MUP MUP 20.60.030 Alcohol Sales (off -sale), Accessory Only P P P P P Bulk merchandise P -- P Marine Rentals and Sales Boat Rentals and Sales CUP Marine Retail Sales P P MUP? MUP? CUP CUP P ? P MUP Retail Sales P P P P --- Visitor Serving Retail P Service Uses — Business, Financial, Medical, and Professional ATM's P --- P --- P P P P Emergency Health Facility (above 1a floor only)MUP MUP MUP Financial Institutions and Related Services P P P P Offices - Corporate (above I" floor only) P P P P --- Offices - Business P P P P P Offices - Medical and Dental P P P P Offices - Professional (above 1° floor only) P P P P P Outpatient Surgery Facility (above 1' floorbm�UKP._ onl Service Uses - General Adult -Oriented BusinessesMC --- MUP --- P -- — -- --- 5.96 20.60.020 Ambulance Services -- MUP -- Animal Sales and Services Animal Boarding/Kennels Animal Grooming Animal Retail Sales Public Review Draft - September 2008 CUP CUP CUP --- 20.60.050 P P P P 20.60.050 P P P P 20.60.050 Newport Beach Zoning Code, Title 20 20.20 Commercial Zoning Districts Commercial Zoning Districts TABLE 2-5Permit Requirements P Permitted By -Right ALLOWED USES AND CUP Conditional Use Permit(20.66.090) PERMIT REQUIREMENTS `I MUP Minor Use Permit (20.66.090) LTP Limited Tenn Permit (20.66.080) .-- Not allowed Land Use speclooUse See Part 7 for land use definitions. CC CG CM CN CV Regulations !..-....II-,�A ........ Veterinary Services CUP CUP -- I CUP --- 1 20.60.050 Artists' Studios P P P P P Catering Services --- P P P P Day Care, General (15 or more) MUP MUP MUP MUP Eating and Drinking Establishments See Comment above. Accessory (open to public) Bars, Lounges, and Nightclubs Fast Food (no late hours) (1)(2) Fast Food (with late hours) (1) Food Service (no alcohol, no late hours) (1)(2) Food Service (no late hours) (1) Food Service (with late hours (1) Take -Out Service, Limited (2) Take -Out Service Only (2) Outdoor Dining - Accessory 20.60.120 MUP MUP --- MUP P P P P P 20.60.090 CUP CUP CUP CUP CUP 20.60.090 P/MUP P/MUP P/MUP P/MUP P/MUP 20.60.090 MUP MUP MUP MUP MUP 20.60.090 P/MUP P/MUP P/MUP P/MUP P/MUP 20.60.090 MUP MUP MUP MUP MUP 20.60.090 CUP CUP CUP CUP CUP 20.60.090 P/MUP P/MUP P/MUP P/MUP P/MUP 20.60.090 P/MUP P/MUP P/MUP P/MUP P/MUP 20.60.090 MUP MUP MUP MUP MUP 20.60.090 Funeral Homes and Mortuaries, without crematorium MUP Funeral Homes and Mortuaries, with -- CUP --- --- --- Small - 2,000 sq. ft. or less Larae - Over 2.000 so. ft. Laboratories 1 --- 1 P 1 1 1 -- 1 Maintenance and Reoalr Services --- P --- P Marine Services Boat Storage Boat Yards Entertainment and Excursion Services Marine Service Stations Water Transportation Services Personal Services Massage Establishments Massage Services, Accessory Nail Salons Personal Services, General See Comment above. Studio MUP I MUP --- MUP MUP 20.60.120 MUP MUP --- MUP MUP 20.60.120 P P --- P P P P -- P P P P --- P P Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 Mixed -Use Zoning Districts 20.22 ensure that the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. F. MU -W2 (Mixed -Use Water) Zoning District. This zoning district applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor serving commercial, and residential dwelling units on the upper floors. 20.22.020 – Mixed -Use Zoning Districts Land Uses and Permit Requirements A. Allowed land uses. Tables 2-8, 2-9, and 2-10 indicate the uses allowed within each zoning district and the permit required to establish each use, in compliance with Part 5 (Land Use and Development Permit Procedures), B. Prohibited land uses. Any table cell with "—" means that the listed land use is prohibited in that specific zoning district. C. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use. Provisions in other Sections of this Zoning Code may also apply. D. Uses to be conducted within an enclosed structure. All uses allowed within the mixed use zoning districts shall be conducted within an enclosed structure, unless allowed otherwise by a Conditional Use Permit or Minor Use Permit. TABLE 2-8 - - Permit Requirements P Permitted By -Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Tenn Permit (20.66.080) --- Not allowed' Land Use MU -v MU -1-11 MU -1-11 Specific Use See Part 7 for land use definitions. MM DW MU -H4 Regulations See Chapter 20.12 for unlisted uses. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 ,v"` o :. a �tj-ryMa. �. mtiCl-: o , &-I Handicraft Industry P P P P Industry, Marine -Related --- CUP --- P MUP? Research and Development --- P MUP? CUP P MUP? .0 -: 0 CIA ��m�e��.n�/ �_(-�-�� n�r{-.�M-�� f "9mg Assemblsyr/Meeting Facilities - Located only CUP CUP CUP CUP above 1 floor Commercial Recreation and Entertainment CUP CUP CUP CUP Cultural Institutions P P P P Schools, Public and Private CUP CUP CUP CUP Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 ,v"` 20.22 Mixed -Use Zoning Districts Mixed -Use Zoning Districts TABLE 2-8 Permit Requirements P Permitted By -Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) --- Not allowed Land Use MU -v MU -H1 MU -H1 Specific Use See Part 7 for land use definitions. MM DW MU -H4 Regulations See Chapter 20.12 for unlisted uses. Residential Single -Unit Dwellings Located on 1st floor P (3) 20.60.130 Located above 1st floor P (1) P (3) 20.60.130 Multi -Unit Dweliinys Located on 1s floor P (1)(2) P (1) P (3) 20.60.130 Located above 1st floor P (1) P (1)(2) P (1) P (3) 20.60.130 Two -Unit Dwellings Located on 11" floor --- P (3) 20.60.130 Located above 1st floor P (1) 1 --- I --- I P (3) 1 20.60.130 Home Occupations P P (1) P P 20.60.110 Live -work Units P P (1)(2) P P (3) Mixed -Use Zoning Districts TABLE 2-9 Pe mit Requirements P Permitted By -Right F LLOWED USES AND PERMIT CUP Conditional Use Permit required (20.66.090) REQUIREMENTS MUP Minor Use Permit required (20.66.090) LTP Limited Term Permit required (20.66.080) --- Not allowed' Land Use MU.H;j MU -H7 Specific Use See Part 7 for land use definitions. MU•v MM DW MU -H4 Regulations See Chapter 20.12 for unlisted uses. Adult Day Care Small (6 or fewer) I P MUP? P MUP? I P MUP? P MUP? Child Day Care Small 8 or fewer P MUP? P MUP? P MUP? P MUP? 20.60.070 Day Care, General 15 or more MUP MUP TradeRetail Alcohol Sales (off -sale) MUP MUP MUP 20.6 .030 Alcohol Sales (off -sale) Accessory Only P P P P Marine Rentals and Sales Boat Rentals and Sales CUP P P CUP Marine Retail Sales P P P P Retail Sales P P P P Service Uses — BUsiness, Financial, Medical,, and I" • :.f .1,: Emergency Health Care MUP MUP MUP MUP Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 Mixed -Use Zoning Districts 20.22 Animal Sales and Services Animal Grooming Animal Retail Sales Veterinary Services Artists' Studios _ Eating and Drinking Establishments Accessory (open to public) Bars, Lounges, and Nightclubs Fast Food (no late hours) (4)(5) Fast Food (with late hours) (4) Food Service (no alcohol, no late hours) (4)(5) Food Service (no late hours) (4) Food Service (with late hours (4) Take -Out Service, Limited (5) Take -Out Service Only (5) Outdoor Dining - Accessory Health/Fitness Facilities Small – 2,000 sq. ft. or less "ai yo —vro, c,VVV ay. n Laboratories Maintenance and Repair Services Marine Services Entertainment and Excursion Services Marine Service Stations 20.30.050 P P Mixed -Use Zoning Districts P TABLE 2-9 cup -Mgt allowed Permit Requirements MUP CUP Not Allowed P Permitted By -Right P/MUP ALLOWED USES AND PERMIT CUP Conditional Use Permit required(20.66.090) MUP REQUIREMENTS MUP Minor Use Permit required(20.66.090) 20 .60.090 P/MUP LTP Limited Tenn Permit required (20.66.080) R/MUP 20.60.090 --- Not allowed' --- Land Use See Part 7 for land use definitions. MU -v CUP MU -1-11 MU -H1 MU -1-14 Specific Use See Chapter 20.12 for unlisted uses. P{MUP --- MM DW P/MUP Regulations --- PIMUP 20.60.090 MUP MUP Financial Institutions and Related Services P P P P Offices - Business P P P P Offices - Medical and Dental P P P P Offices - Professional (above 1' Floor only) P P P P Animal Sales and Services Animal Grooming Animal Retail Sales Veterinary Services Artists' Studios _ Eating and Drinking Establishments Accessory (open to public) Bars, Lounges, and Nightclubs Fast Food (no late hours) (4)(5) Fast Food (with late hours) (4) Food Service (no alcohol, no late hours) (4)(5) Food Service (no late hours) (4) Food Service (with late hours (4) Take -Out Service, Limited (5) Take -Out Service Only (5) Outdoor Dining - Accessory Health/Fitness Facilities Small – 2,000 sq. ft. or less "ai yo —vro, c,VVV ay. n Laboratories Maintenance and Repair Services Marine Services Entertainment and Excursion Services Marine Service Stations 20.30.050 P P P P 20.60.090 cup -Mgt allowed CUP IM allowed MUP CUP Not Allowed 20.60.090 R/MUP P/MUP --- R/MUP 20.60.090 MUP MUP --- MUP 20 .60.090 P/MUP WMUP --- R/MUP 20.60.090 MUP MUP --- I MUP 20.60.090 CUP CUP --- CUP 20.60.090 P/MUP P{MUP --- R/MUP 20.60.090 P/MUP R{MUP --- PIMUP 20.60.090 MUP MUP MUP 20.60.090 PI P 1 I P CUP --- —� --- MC Title 17 Personal Services Massage Establishments Massage Services, Accessory Nail Salons Personal Services, General See Comments above. Studio MUP MUP MUP MUP MC 5.50 20.60.120 MUP MUP MUP MUP 20.60.120 P P P P P P P P MUP MUP MUP MUP Postal Services P P P P Printing and Duplicating Services P P P P Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 20.22 TABLE 2-10 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 for land use definitions. Mixed -Use Zoning Districts Mixed -Use Zoning Districts Permit Requirements P Permitted By -Right CUP Conditional Use Permit (20.66.090) MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) .— Not allowed Mu-w11 MU-W2 I Specific Uso Regulations MM (5) Visitor Serving Retail I P P Medical,Service Uses — Business, Financial, P P 20.60.090 ATM's P P Emergency Health Facilities — P Financial Institutions and Related Services (above P P 1 `t floor only) CUP CUP 20.60.090 Offices - Business (above 1 floor only) P P Offices - Medical and Dental (above 1 m floor only) --- P Offices - Profession (above 1` floor only) P P Service Uses - General Animal Retail Sales MUP MUP 20.60.050 Artists' Studios P P Eating and Drinking Establishments Accessory (open to public) Bars, Lounges, and Nightclubs See Comments above for all uses in this section Fast Food (no late hours) (3)(4) Fast Food (with late hours) (3) Food Service (no alcohol, no late hours) (3)(4) Food Service (no late hours) (3) Food Service (with late hours (3) Take -Out Service - Limited (4) Take -Out Service Only (4) Outdoor Dining - Accessory MUP MUP 20.60.120 MUP P P 20.60.090 CUP CUP 20.60.090 P P 20.60.090 MUP MUP 20.60.090 P/MUP P/MUP 20.60.090 MUP MUP 20.60.090 CUP CUP 20.60.090 P/MUP P/MUP 20.60.090 P/MUP P/MUP 20.60.090 P P 20.60.090 Health/Fitness Facilities Small — 2,000 sq. ft. or less P P Maintenance and Repair Services P _ P _ Marine Services Boat Storage Boat Yards Entertainment and Excursion Services Marine Service Stations Water Transportation Services CUP CUP CUP CUP P P CUP CUP P P Personal Services Massage Establishments Massage Services, Accessory Nail Salons Personal Services, General MUP MUP 20.60.120 MUP MUP 20.60.120 P P P P Visitor Accommodations Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 Industrial Zonina District TABLE 2-13 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 for land use definitions. See Chapter 20.12 for unlisted uses. 20.24 Specific Use Regulations Handicraft Industry P Industry Small - 5,000 sq. ft. or less P MUP? Large - Over 5,000 sq. ft. CUP Research and Small - 5,000 sq. ft. or less i P i Large - Over 5,000 sq ft MUP CUP Alcohol Sales (off -sale) P MUP? 20.60.030 Alcohol Sales (off -sale), Accessory Only P Building Materials and Services P Contractor's Storage Yards MUP Marine Rentals and Sales Boat Rentals and Sales Industrial Zoning Districts Permit Requirements P Permitted By -Right CUP Conditional Use Permit (20.66.090) MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) --- Not allowed' Specific Use Regulations Handicraft Industry P Industry Small - 5,000 sq. ft. or less P MUP? Large - Over 5,000 sq. ft. CUP Research and Small - 5,000 sq. ft. or less i P i Large - Over 5,000 sq ft MUP CUP Alcohol Sales (off -sale) P MUP? 20.60.030 Alcohol Sales (off -sale), Accessory Only P Building Materials and Services P Contractor's Storage Yards MUP Marine Rentals and Sales Boat Rentals and Sales MUP Marine Retail Sales P 20.60.050 20.60.050 Retail Sales P 20.60.050 Animal Retail Sales P 20.60.050 ATM's Offices - Business, Governmental, and 77;4 Adult-Oriented Businesses MC 5.96 20.60.020 but adult is ermitted? Ambulance Services P Animal Sales and Services Animal Boarding/Kennels Animal Grooming MUP P 20.60.050 20.60.050 Animal Hospitals/Clinics MUP 20.60.050 Animal Retail Sales P 20.60.050 Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 Chapter 20.26 — Special Purpose Zoning Districts [OS, PC, PF, PI, and 20.26.010 – Purposes of Special Purpose Zoning Districts 20.26.020 – Special Purpose Zoning Districts Land Uses and Permit Requirements 20.26.030 – Special Purpose Zoning Districts General Development Standards 20.26.010 – Purposes of Special Purpose Zoning Districts The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows: A. OS (Open Space) Zoning District. The OS zoning district is intended to Provide areas required to maintain and protect the community's natural open space resources; and Maintain and protect landscaped open space areas located within residential and nonresidential developments, where no further development is allowed. B. PC (Planned Community) Zoning District. The PC zoning district is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while ensuring substantial compliance with the spirit, intent, and provisions of this Zoning Code; and to include various types of land uses, consistent with the General Plan, through the adoption of a development plan and related text materials which identify land use relationships and associated development standards. C. PF (Public Facilities) Zoning District. The PF zoning district is intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, City facilities, government facilities, libraries, public hospitals, public utilities, and public schools. D. PI (Private Institutions) Zoning District. The PI zoning district is intended to provide for areas appropriate for privately owned facilities that serve the public, including places for churches, assembly/meeting facilities (e-9—rejig eus–a6sea iy), congregate care homes, cultural institutions, health care facilities, museums, private schools, yacht clubs, and comparable facilities. E. PR (Parks and Recreation) Zoning District. The PR zoning district is intended to provide for areas appropriate for land used or proposed for active public or private recreational use. Allowed uses include aquatic facilities, golf courses, marina support facilities, parks (both active and passive), private recreational facilities, tennis clubs and courts, and similar recreational facilities. Public Review Draft - September 2008 Newport Beach Zoning Code, Title 20 LiaJ" 20.26 Special Purpose Zoning Districts TABLE 2-15 Permit Requ P Permitted By -Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (20.66.090) REQUIREMENTS MUP Minor Use Permit (20.66.090) LTP Limited Term Permit (20.66.080) --- Not allowed Land Use See Part 7 for land use definitions. OS PF PI PR Assembly/Meeting Facilities -- MUP MUP MUP Commercial Recreation and Entertainment MUP CUP Cultural Institutions MUP MUP MUP ,Hanna anu vn,uwua rroao,voa rvwr -- ^- --- Schools, Public and Private --- MUP MUP .._ .._ I rvwr I --- --- --- MUP or more --- MUP lit --- --- MUP --- MUP ssoryUse Only I MUP MUP - , Accessory Only I --- I --- I MUP I CUP Eating and Specific Use Regulations Accessory (open to public) MUP MUP 20.60.090 Emergency Shelters --- --- P --- 20.60.100 Governmental Facilities Definitiion should --- MUP --- MUP include City facilities Marine Services - Boat Storage, accessory MUP MUP onl Transportation, Parking Facilities, Accessory Only 7WP MUP MUP Heliports and Helistops MUP --- Wireless Telecommunication Facilities Municipal Code Chapter 15.70 Other Accessory Structures and Uses T7F77=P MUP MUP Special Events I Municipal Code Chapter 11.03 Temporary Uses I LTP LTP LTP LTP 20.66.080 • Uses not listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). r Newport Beach Zoning Code, Title 20 Public Review Draft - September 2008 GP/LCP Committee Draft Code Review October 1, 2008 12.Zoning Clearance — Section 20.66.110 (New) Existing Code: None • Procedure to verify use or structure complies with applicable code provisions • Ministerial — used when no discretionary action is required by the code • Examples include Planning Department approval of building permits and issuance of zoning compliance letters • Review Authority: Planning Director 13.Specific Plans (Chapter 20.72) (New) Existing Code: Chapter 20.40 • Complete re -write of SP regulations • New regulations more consistent with how SP's are used statewide • Review Authority: City Council • While not covered under this Section, all existing SP's except Santa Ana Heights replaced by traditional zoning